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

December the Twenty-Fourth, Two Thousand and Three

Jane L. Campbell Containing PAGE Mayor City Council 3 Frank G. Jackson The Calendar 3 President of Council Board of Control 3 Civil Service 4 Valarie J. McCall Board of Zoning Appeals 4 City Clerk, Clerk of Council Board of Building Standards and Building Appeals 5 Ward Name Public Notice 6 1 Joseph T. Jones 2 Robert J. White Public Hearings 6 3 Zachary Reed City of Cleveland Bids 7 4 Kenneth L. Johnson Adopted Resolutions 5 Frank G. Jackson and Ordinances 8 6 Patricia J. Britt Committee Meetings 61 7 Fannie M. Lewis Index 61 8 Sabra Pierce Scott 9 Kevin Conwell 10 Roosevelt Coats PRESORTED STANDARD 11 Michael D. Polensek U. S. POSTAGE PAID 12 Edward W. Rybka CLEVELAND,

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

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

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 90 WEDNESDAY, DECEMBER 24, 2003 No. 4698 CITY COUNCIL MONDAY, DECEMBER 22, 2003

The City Record WEDNESDAY—Alternating Henry Guzman, Director, Office of Published weekly under authority Equal Opportunity. 10:00 A.M.—Aviation & Transporta- of the Charter of the tion Committee: Westbrook, Chair- On motions, the following resolu- City of Cleveland man; Sweeney, Vice Chairman; Britt, tions were adopted, except as may Subscription (by mail) $75.00 a year Dolan, Gordon, Reed, Rybka. be otherwise noted: January 1 to December 31 10:00 A.M. — Public Safety Com- Interim subscriptions prorated mittee: Reed, Chairman; Britt, Vice Resolution No. 740-03. $6.25 per month Chairman; Brady, Cimperman, Coats, By Director Baker. Address all communications to Conwell, Jones, White, Zone. Resolved, by the Board of Control of the City of Cleveland that the bid VALARIE J. McCALL WEDNESDAY—Alternating of The Wackenhut Corporation; for City Clerk, Clerk of Council an estimated quantity of unarmed, 1:30 P.M. — Public Utilities Com- uniformed security guard services, 216 City Hall mittee: Coats, Chairman; O’Malley, all items, for the various divisions Vice Chairman; Brady, Cintron, of City government, for the period PERMANENT SCHEDULE Jones, Polensek, Sweeney, West- of two (2) years beginning with the brook, Zone. date of execution of a contract, STANDING COMMITTEES 1:30 P.M.—City Planning Commit- received on November 26, 2003 pur- OF THE COUNCIL tee: Cimperman, Chairman, Rybka, suant to the authority of Ordinance 2002-2005 Vice Chairman, Conwell, Lewis, No. 888-03, passed June 10, 2003, O’Malley, Scott, Westbrook. which on the basis of the estimated MONDAY quantity would amount to Seven The following Committees are Hundred Fifty-Five Thousand Seven 9:30 A.M. — Public Parks, Property subject to the Call of the Chairman: Hundred Seventy-Seven and 00/100 & Recreation Committee: Johnson, Rules Committee: Jackson, Chair- Dollars ($755,777.00), is hereby af- firmed and approved as the lowest Chairman; White, Vice Chairman; man; O’Malley, Reed, Sweeney, Westbrook. and best bid, and the Director of Cimperman, Dolan, Jones, Rybka, Personnel and Operations Commit- Finance is hereby requested to enter Sweeney. tee: Gordon, Chairman; Britt, Cim- into a requirement contract for such perman, Coats, Scott. goods and/or services, which shall MONDAY—Alternating Mayor’s Appointment Committee: provide for the immediate purchase Coats, Chairman; Cintron, Reed, as the initial amount of such con- 11:00 A.M. — Public Service Com- Pierce Scott, Westbrook. tract of the following: mittee: Sweeney, Chairman; Jones, Vice Chairman; Brady, Cimperman, Requisition Nos. 126931 & 126032 Johnson, O’Malley, Polensek, White, OFFICIAL PROCEEDINGS which shall be certified against Zone. CITY COUNCIL such contract in the sum of Forty 11:00 A.M. — Employment, Affir- ______Thousand and 00/100 Dollars mative Action & Training Commit- ($40,000.00). Said requirement contract shall tee: Lewis, Chairman; Conwell, Vice NO MEETING further provide that the Contractor Chairman; Cintron, Coats, Johnson, shall furnish the remainder of the Reed, Polensek. THE CALENDAR City’s requirements for such goods and/or services, whether more or MONDAY less than said estimated quantity, as The following measures will be on may be ordered under subsequent 2:00 P.M. — Finance Committee: their final passage at the next meet- requisitions separately certified Jackson, Chairman; Sweeney, Vice ing: against said contract. Chairman; Brady, Britt, Coats, Gor- NONE don, O’Malley, Reed, Scott, West- SUBCONTRACTOR brook, White. PERCENTAGE — WORK BOARD OF CONTROL TUESDAY Alarm Core 17.25% — MBE — $130,379.80 9:30 A.M. — Community and Econo- mic Development Committee: Gor- December 17, 2003 Yeas: Directors Chandra, Baker, don, Chairman; Cimperman, Vice Acting Director Brown, Director Chairman; Cintron, Coats, Jones, The regular meeting of the Board Mok, Carroll, Acting Director Smith, Lewis, Reed, Scott, Zone. of Control convened in the Mayor’s Directors Ronayne, Hudecek, Routen, office on Wednesday, December 17, Sims, Fumich, Taylor and Williams. TUESDAY—Alternating 2003, at 10:30 a.m. with Director Nays: None. Chandra presiding. Absent: Mayor Campbell and 1:00 P.M. — Health & Human Ser- Present: Directors Chandra, Baker, Director Ricchiuto. vices Committee: Britt, Chairman; Acting Director Brown, Directors Zone, Vice Chairman; Cintron, Con- Mok, Carroll, Acting Director Smith, Resolution No. 741-03. well, Gordon, Scott, Polensek. Directors Ronayne, Hudecek, Routen, By Director Konicek. Sims, Fumich, Taylor and Williams. Be it resolved, by the Board of 1:30 P.M. — Legislation Committee: Absent: Mayor Campbell and Control of the City of Cleveland that White, Chairman; Scott, Vice Chair- Director Ricchiuto. all bids received on November 19, man; Dolan, Gordon, Johnson, Ryb- Others: Myrna Branche, Commis- 2003, for the estimated quantity of ka, Westbrook. sioner, Purchases and Supplies. labor and materials to install car- 2833 4 The City Record December 24, 2003 peting, all items, for the Division of Be it further resolved that the Directors Ronayne, Hudecek, Routen, Cleveland Public Power, Department Director of Finance hereby is re- Sims, Fumich, Taylor and Williams. of Public Utilities, pursuant to the quested to enter into a written con- Nays: None. authority Ordinance No. 2025-02, tract with SBC Global Services, Inc. Absent: Mayor Campbell and passed by the Council of the City of based upon its proposal dated March Director Ricchiuto. Cleveland on November 14, 2002, be 17, 2003, which contract shall be pre- and the same are hereby rejected. pared by the Director of Law, shall JEFFREY B. MARKS, Yeas: Directors Chandra, Baker, provide for furnishing of profes- Secretary Acting Director Brown, Director sional services as contained in said Mok, Carroll, Acting Director Smith, proposal, for an aggregate fee not Directors Ronayne, Hudecek, Routen, to exceed Five Million Two Hundred CIVIL SERVICE NOTICES Sims, Fumich, Taylor and Williams. Sixty Two Thousand Four Hundred ______Nays: None. One and 00/100 Dollars ($5,262,401), Absent: Mayor Campbell and for the professional services de- General Information Director Ricchiuto. scribed above, which contract shall be prepared by the Director of Law Application blanks and informa- Resolution No. 742-03. and shall contain such other provi- tion, regarding minimum entrance By Director Hudecek. sions as the Director of Law deems qualifications, scope of examination, Whereas, pursuant to Ordinance necessary to protect and benefit the and suggested reference materials No. 2076-76 passed October 25, 1976, public interest. may be obtained at the office of the the City is conducting a Land Reuti- Be it further resolved that the Civil Service Commission, Room 119, lization Program in accordance with employment of the following Sub- City Hall, East 6th Street, and Lake- side Avenue. the provision of Chapter 5722 of the consultants by SBC Global Services, Application blanks must be prop- Ohio Revised Code; and Inc. is approved: erly filled out on the official form Whereas, City has acquired Per- prescribed by the Civil Service Com- manent Parcel No. 128-09-026 under Subconsultant mission and filed at the office of the said Land Reutilization Program; Percentage — Amount commission not later than the final and closing date slated in the examina- Whereas, Ordinance No. 2154-03 Mid-America Consulting tion announcement. passed December 1, 2003, authorized Group (MBE) 7.6% — $402,375.00 EXAMINATION RESULTS: Each the sale of said parcel for a consid- applicant whether passing or failing eration established by the Board of ICNS (FBE) 7.7% — $430,821.28 will be notified of the results of the Control at not less than the Fair examination as soon as the com- Market Value; and Yeas: Directors Chandra, Baker, mission has graded the papers. Whereas, Buckeye E and A Lim- Acting Director Brown, Director Thereafter, eligible lists will be ited Liability Corporation has pro- Mok, Carroll, Acting Director Smith, established which will consist of the posed to the City to purchase and Directors Ronayne, Hudecek, Routen, names of those candidates who have develop said parcel; now, therefore, Sims, Fumich, Taylor and Williams. been successful in all parts of the Be it resolved by the Board of Nays: None. examination. Control of the City of Cleveland that Absent: Mayor Campbell and pursuant to the authorization of Director Ricchiuto. PHYSICAL EXAMINATION: All Ordinance No. 2154-03 passed Decem- candidates for original entrance posi- ber 1, 2003, by the Cleveland City Resolution No. 744-03. tions who are successful in other Council, the Mayor is hereby autho- By Director Konicek. parts of the examinations must sub- rized to execute an official deed for Be it resolved by the Board of mit to a physical examination. and on behalf of the City of Cleve- Control of the City of Cleveland that land with Buckeye E and A Limit- the bid of Alfieri Brothers Material REYNALDO GALINDO, ed Liability Corporation for the sale Supply, Inc. for an estimated quan- President and development of Permanent Par- tity of labor and materials for sewer cel No. 128-09-026, as described in test tee installation, inspection and said Ordinance in accordance with repair for the Division of Water Pol- SCHEDULE OF THE BOARD the Land Reutilization Program in lution Control, Department of Public OF ZONING APPEALS such manner as best carries out the Utilities, for a period of one (1) year intent of said program. beginning with the date of execu- Be it further resolved that the con- tion of a contract, received on the MONDAY, JANUARY 5, 2004 sideration for said parcel shall be 2nd day of October 2003, pursuant to $6,510.00, which amount is hereby the authority of Section 541.13 of the 9:30 A.M. determined to be not less than the Codified Ordinances of Cleveland, fair market value of said parcel for Ohio 1976, which on the basis of the Calendar No. 03-326: 3930 East 131st uses in accordance with the Land estimated quantity would amount to Street (Ward 2) Reutilization Program. Five Hundred Five Thousand Three Mahmoud Zayed, owner, appeals Yeas: Directors Chandra, Baker, Hundred Forty and 00/100 Dollars to establish use as a grocery store Acting Director Brown, Director ($505,340.00) (2%-Net 30 Days), is a 26' x 78' one-story brick building Mok, Carroll, Acting Director Smith, hereby affirmed and approved as situated on an approximate 133' x Directors Ronayne, Hudecek, Routen, the lowest and best bid, and the 145' parcel that is located in a Local Sims, Fumich, Taylor and Williams. Director of Public Utilities is here- Retail Business District and a Two- Nays: None. by requested to enter into require- Family District on the west side of Absent: Mayor Campbell and ment contract for such commodities, East 131st Street at 3930 East 131st Director Ricchiuto. which shall provide for the immedi- Street; the proposed use being con- ate purchase as the initial amount trary to the Residential Districts Resolution No. 743-03. of such contract of the following: Regulations of Section 337.03 that do By Director Baker. not allow a grocery store and its Be it resolved by the Board of Con- Requisition No. 137402 accessory use, a drive through, in a trol of the City of Cleveland that pur- which shall be certified against such Two-Family District and contrary to suant to the authority of Ordinance contract in the sum of Two Hundred the Yards and Courts Requirements, No. 2152-02, passed by the Council of Thousand Dollars ($200,000.00). the proposed accessory use for a the City of Cleveland in December 9, Said requirement contract shall drive through is only between 5' 2002, SBC Global Services, Inc. is further provide that the Contractor and 6' from the side street line, hereby selected from a list of firms will furnish the remainder of the where a distance of not less than determined after a full and complete requirement for such commodities, 10' is required as stated in Section canvass by the Director of Finance, whether more or less than said esti- 357.05 of the Codified Ordinances. as the firm to be employed by con- mated quantity, as may be ordered tract to provide professional services under subsequent requisitions sepa- Calendar No. 03-327: 18235 Euclid Ave- necessary to assess, plan, design, rately certified against said con- nue — Violation Notice (Ward 10) manage the implementation of the tract. Kimco of Ohio, Inc., owner c/o Data and Voice Infrastructure net- Yeas: Directors Chandra, Baker, Thomas M. Shine, agent, appeal work technology solution for the City Acting Director Brown, Director under Section 329.01(e) from a Vio- of Cleveland. Mok, Carroll, Acting Director Smith, lation Notice issued November 5, 2834 December 24, 2003 The City Record 5

2003 by the Building and Housing encroachment and a curb cut permit The following appeal was Dis- Department for failure to comply is required if applicable as stated in missed: with the Code requirements that all Section 357.13 of the Codified Ordi- trash, garbage and all organic nances and a curb cut permit is Calendar No. 03-254: 9305 Miles Ave- materials must be compacted and all required if applicable. nue odorous materials stored in airtight Alex Mirza appealed to add a fuel containers to avoid the emission of Calendar No. 03-332: 9405-07 Adams filling station use with an existing obnoxious odors and that all refuse Avenue (Ward 8) convenient (retail) store in a Local containers shall be built of noncom- Joann Howard, owner, appeals to Retail Business District. bustible materials and placed on a establish use as a day care an exist- concrete slab and that refuse cans ing two family dwelling house situ- In Executive Session on December shall have locking latches as stated ated on a 35' x 111' parcel located 22, 2003, the following appeals heard in Sections 347.08(b)(c)of the Codi- in a Two-Family District on the by the Board on December 15, 2003 fied Ordinances. north side of Adams Avenue at 9405- were adopted and approved: 9407 Adams Avenue; the proposed Calendar No. 03-328: 670 Lakeview use being subject to the provisions The following appeals were Ap- Road (Ward 8) of the Residential Districts Regula- proved: Letitia M. Nall, owner, appeals to tions, where the proposed day care Calendar No. 03-313: change to an office and business use use abuts a One-Family and a Two- 2200 Overlook a 2 1/2-story former nursing home Family District and when proposed Road Overlook Ventures LLC appealed building, situated on an approxi- in a Two-Family District, by refer- to construct a one-story, 4,310 s/f mate 70' x 206' irregular shaped ence as regulated in a One-Family building addition to an existing two- parcel located in a Multi-Family Dis- District, (337.02(f)(3)(c), a day care story church building in an A1 Res- trict on the west side of Lakeview and its uses, if located less than 30' idence Industry District. Road at 670 Lakeview Road; con- from a Residence District, requires the Board of Zoning Appeals trary to the Residential Districts Calendar No. 03-318: 1419 Kenilworth approval as stated in Section 337.03 Regulations in Section 337.08 that do Avenue not permit an office in a Multi-Fam- of the Codified Ordinances. Dennis McNulty appealed to erect ily District; an office and business a 14' x 20' one-story frame garage use being first permitted in a Local EUGENE CRANFORD, JR., at the rear of a two-story dwelling Retail Business District as stated in Secretary in a Multi-Family District. Section 343.01, with the restriction that there are no more than five REPORT OF THE BOARD Calendar No. 03-321: 15912 Saranac employees working at any one time, Road and as stated in Section 343.11, the OF ZONING APPEALS Sheila Frey appealed to install 316 proposed use is permitted in a Gen- l/f of 4' high chain link fence at eral Retail Business District without three sides of a vacant, irregular that restriction; and contrary to the MONDAY, DECEMBER 22, 2003 shaped corner parcel in a General Parking and Loading Requirements Retail Business District. of Section 349.04(g) there are three At the meeting of the Board of parking spaces credited and six Zoning Appeals on Monday, Decem- Calendar No. 03-200: 3809 Pearl Road parking spaces are required; and ber 22, 2003, the following appeals Zion Pentecostal Temple appealed there is no landscaping strip pro- were heard by the Board: to change the use of a 40' x 90' one- posed where a 4' wide transition story video store building into a strip is required at the rear between The following appeals were Ap- church on a corner parcel in a Local the Multi-Family and the One-Fami- proved: Retail Business District. ly District as stated in the Land- scaping and Screening Re- Calendar No. 03-322: 3265 West 88th Calendar No. 03-307: 3749 East 142nd quirements of Section 352.09 of the Street Street Codified Ordinances. Robert E. Mosack appealed to con- Steven Cooper appealed to change struct a 32" high fence/barrier, a the use of a 22' x 97' one-story Calendar No. 03-329: 1948 Rookwood retaining wall, to the side of the building from a Laundromat to a Road (Ward 10) front yard of a two-story dwelling day care facility in a One-Family Richard Felder, owner, appeals to in a Two-Family District. District. erect an 8' x 14' sunroom addition to an existing garage at the rear of Calendar No. 03-324: 13540 Lorain Calendar No. 03-309: 13021 St. Clair a single family dwelling situated on Avenue Avenue a 55' x 106' parcel located in a One- Elizabeth Hlavinkas appealed to Clifford Daniel appealed to change Family District on the south side of change the use of a one-story com- the use of a 50' x 60' one-story Rookwood Road at 1948 Rookwood mercial building to a day care facil- masonry building from a church to Road; the proposed construction ity located in a General Retail Busi- an office, a retail store, a dance and banquet hall on a 100' x 126' cor- being contrary to the Yards and ness District; subject to revised ner parcel in a Local Retail Busi- Courts Requirements of Section plan. ness District. 357.09(2)A, where a 10' distance is required from a building on the The following appeal was Denied: The following appeals were De- adjoining lot and none is shown on nied: the site plan and a 2' interior side Calendar No. 03-325: 11604 Governor yard is provided where there may be Avenue None. no less than 3' and where the total George M. Greenawalt appealed to width of side yards provided is 6' erect a 27' x 23' two-story frame EUGENE CRANFORD, JR., and it may not be less than 10' as garage addition to the east side of Secretary stated in Section 357.09(2)B of the a one family dwelling in a Local Codified Ordinances. Retail Business District. REPORT OF THE BOARD Calendar No. 03-331: 2117 Fulton The following appeals were Post- OF BUILDING STANDARDS Road (Ward 14) poned: AND BUILDING APPEALS Maria Lyle, owner, appeals to install an 8' x 19.5' concrete pad for Calendar No. 03-275: 15255 Triskett parking in the front yard of a two- Road postponed to January 26, Re: Report of the Meeting of story, frame single family dwelling, 2004. December 17, 2003 located in a Two-Family District on the east side of Fulton Road at 2117 Calendar No. 03-314: 9410-14 Lorain As required by the provisions of Fulton Road; the proposed concrete Avenue — Violation Notice post- Section 3103.20(2) of the Codified parking pad being contrary to the poned to January 26, 2004. Ordinances of the City of Cleveland, Yards and Courts Requirements that Ohio 1976, the following brief of do not allow parking in the required Calendar No. 03-323: 9410-14 Lorain action of the subject meeting is 5' setback and/or within 10' of an Avenue postponed to January 26, given for publication in The City existing dwelling as a permitted 2004. Record: 2835 6 The City Record December 24, 2003

Docket A-96-03. Docket A-117-03 has been POST- APPROVAL OF RESOLUTIONS: RE: Appeal of Preferred Builders PONED; to be rescheduled for Janu- Of Solon, Owner of the Property ary 28, 2004. Separate motions were entered by located on the premises known as Mr. Gallagher and seconded by Mr. 8602 Wade Park Avenue from an * * * Saab for Approval and Adoption of ADJUDICATION ORDER of the the Resolutions as presented by the Commissioner of the Department of Docket A-118-03. Secretary for the following Dockets Building and Housing, dated August RE: Appeal of Glenn D. Siegler, respectively, subject to the Codified 2, 2003, requiring compliance with Owner of the Property located on Ordinances of the City of Cleveland the Codified Ordinances of the City the premises known as 1266 West and the Ohio Basic Building Code of Cleveland and the Ohio Basic 6th Street from a NOTICE OF VIO- (OBBC): Building Code (OBBC). LATION — FIRE CODE of the Chief BE IT RESOLVED, a motion is in of the Division of Fire, dated Sep- A-105-03—Beal Bank SSB. order at this time to grant the tember 11, 2003, requiring compli- A-124-03—Agnes C. Lytle. required variances and permit the ance with the Codified Ordinances A-128-03—Timothy R. Rowe. Appellant to construct and renovate of the City of Cleveland and the the property, noting that it has been Ohio Basic Building Code (OBBC). Yeas: Messrs. Denk, Saunders, Gal- stated that it is in compliance with BE IT RESOLVED, a motion is in lagher, Saab. Nays: None. Not Vot- Article 34 reviewed by the City of order at this time to DENY the ing: Mr. Bradley. Cleveland; the property is REMAND- Appellant’s request for a variance to ED at this time to the Department Municipal Code 3101.07 and N.F.P.A. * * * of Building and Housing for super- #96, Chapter 10.1.2 and require that vision and any required further a compliant hood and extinguishing Separate motions were entered by action. Motion so in order. Motioned system be installed over the deep Mr. Saunders and seconded by Mr. by Mr. Saunders and seconded by fryer and range; and to require that Saab for Approval and Adoption of Mr. Bradley. the menu be changed during the the Resolution as presented by the Yeas: Messrs. Denk, Saunders, Gal- period of time that the system is not Secretary for the following Docket, lagher, Saab, Bradley. Nays: None. installed, and to require that the subject to the Codified Ordinances system be installed within ninety of the City of Cleveland and the * * * (90) days. Motion so in order. Ohio Basic Building Code (OBBC): Motioned by Mr. Saunders and sec- Docket A-108-03. onded by Mr. Gallagher. A-121-03—James McVean. RE: Appeal of Ricardo B. Teamor, Yeas: Messrs. Denk, Saunders, Gal- Owner of the Property located on lagher, Saab, Bradley. Nays: None. Yeas: Messrs. Denk, Saunders, Gal- the premises known as 3000 Wood- lagher, Saab. Nays: None. Not Vot- hill Road from a NOTICE OF VIO- * * * ing: Mr. Bradley. LATION — FIRE CODE of the Chief of the Division of Fire, dated July Docket A-123-03. * * * 31, 2003, requiring compliance with RE: Appeal of Kay Finney/Kemish the Codified Ordinances of the City Mapango, Owner of the Two & Separate motions were entered by of Cleveland and the Ohio Basic One/half Story Frame Residential Mr. Saunders and seconded by Mr. Building Code (OBBC). Property located on the premises Gallagher for Approval and Adop- Docket A-108-03 has been POST- known as 1252 East 87th Street from tion of the Resolutions as presented PONED; to be rescheduled for Janu- a NOTICE OF VIOLATION — EX- by the Secretary for the following ary 28, 2004. TERIOR MAINTENANCE/30 DAY Dockets respectively, subject to the CONDEMNATION ORDER — GARAGE Codified Ordinances of the City of * * * of the Commissioner of the Depart- Cleveland and the Ohio Basic Build- ment of Building and Housing, dated ing Code (OBBC): Docket A-114-03. October 15, 2003, requiring compliance RE: Appeal of Clifford Sweeney, with the Codified Ordinances of the A-122-03—Cleveland Municipal School Owner of the Two Story Brick Mixed City of Cleveland and the Ohio Basic District. Use/Multi Family Property located Build-ing Code (OBBC). A-126-03—United Construction. on the premises known as 15328 Docket A-123-03 has been POST- Kinsman Avenue from a 30 DAY PONED; to be rescheduled for Janu- Yeas: Messrs. Denk, Saunders, Gal- CONDEMNATION ORDER of the ary 14, 2004. lagher, Saab. Nays: None. Not Vot- Commissioner of the Department of ing: Mr. Bradley. Building and Housing, dated August * * * 19, 2003, requiring compliance with * * * the Codified Ordinances of the City Docket A-129-03. of Cleveland and the Ohio Basic RE: Appeal of MRN Limited Part- APPROVAL OF MINUTES: Building Code (OBBC). nership, Owner of the Property BE IT RESOLVED, a motion is in located on the premises known as Separate motions were entered by order at this time to REMAND the 308 Euclid Avenue from an ADJU- Mr. Gallagher and seconded by Mr. property at 15328 Kinsman Avenue DICATION ORDER of the Commis- Saunders for Approval and Adoption to the Department of Building and sioner of the Department of Build- of the Minutes as presented by the Housing for supervision and any ing and Housing, dated October 21, Secretary, subject to the Codified required further action, noting that 2003, requiring compliance with the Ordinances of the City of Cleveland the property is being sold; and to Codified Ordinances of the City of and the Ohio Basic Building Code require that the present owner main- Cleveland and the Ohio Basic Build- (OBBC): tain the property boarded and ing Code (OBBC). secured and the grounds debris free BE IT RESOLVED, a motion is in December 3, 2003 during the period of time that they order at this time to grant the vari- Yeas: Messrs. Denk, Saunders, Gal- retain ownership. Motion so in order. ance to the closed front end of the lagher, Saab. Nays: None. Not Vot- Motioned by Mr. Bradley and sec- mezzanine, noting that the space is ing: Mr. Bradley. onded by Mr. Saab. sprinklered and there is a 15-by-15 Yeas: Messrs. Denk, Saunders, Gal- opening in the middle of the mez- * * * lagher, Saab, Bradley. Nays: None. zanine, and that the occupancy will be limited to 49; and to recognize EUGENE CRANFORD, JR., * * * the deed easements with the caveat Secretary that if any sale of the parcels is to Docket A-117-03. be made, the City must be notified RE: Appeal of Knights Center Cor- ninety (90) days prior to the sale PUBLIC NOTICE poration, Owner of the Property and that any required fire separa- located on the premises known as tions be applied at that time must 840 Huron Road from a NOTICE OF be in compliance with the code. NONE VIOLATION — FIRE CODE of the Motion so in order. Motioned by Mr. Chief of the Division of Fire, dated Saunders and seconded by Mr. Gal- July 29, 2003, requiring compliance lagher. NOTICE OF PUBLIC HEARING with the Codified Ordinances of the Yeas: Messrs. Denk, Saunders, Gal- City of Cleveland and the Ohio Basic lagher, Saab. Nays: None. Absent: Building Code (OBBC). Mr. Bradley. NONE 2836 December 24, 2003 The City Record 7

CITY OF CLEVELAND BIDS THERE WILL BE A NON-MANDA- AT 11:00 A.M., CROWN WATER TORY PRE-BID MEETING, MON- TREATMENT PLANT, 955 DAY, DECEMBER 29, 2003 AT CLAGUE RD., WESTLAKE, OHIO For All Departments 2:00 P.M., CITY HALL, 601 LAKE- 44145. SIDE AVE., ROOM 104, CLEVE- Sealed bids will be received at the LAND, OHIO 44114. office of the Commissioner of Pur- December 17, 2003 and December 24, 2003 chases and Supplies, Room 128, City Rental & Laundry of Work Clothing, Hall, in accordance with the append- for Various Divisions, Department WEDNESDAY, JANUARY 14, 2004 ed schedule, and will be opened and of Finance, as authorized by Ordi- read in Room 128, City Hall, imme- nance No. 2137-03 pending. Janitorial Supplies, for Various Divi- diately thereafter. THERE WILL BE A NON-MANDA- sions, Department of Finance, as Each bid must be made in accor- TORY PRE-BID MEETING, TUES- authorized by Ordinance No. 2027- dance with the specifications and DAY, DECEMBER 30, 2003 AT 03, passed by the Council of the must be submitted on the blanks 2:00 P.M., CITY HALL, 601 LAKE- City of Cleveland, November 10, supplied for the purpose, all of SIDE AVE., ROOM 104, CLEVE- 2003. which may be obtained at the office LAND, OHIO 44114. THERE WILL BE A NON-MANDA- of the said Commissioner of Pur- TORY PRE-BID MEETING, chases and Supplies, but no bid will WEDNESDAY, JANUARY 7, 2004 be considered unless delivered to December 17, 2003 and December 24, 2003 AT 10:00 A.M., CITY HALL, 601 the office of the said commissioner LAKESIDE AVE., ROOM 514, previous to 12:00 noon (Eastern WEDNESDAY, JANUARY 14, 2004 CLEVELAND, OHIO 44114. Standard Time) on the date speci- fied in the schedule. Automotive Parts, Supplies and Ser- Off-Site Media Storage, for the Divi- 187.10 Negotiated contracts; Notice vices Necessary for the Main- sion of Information Technology & required in Advertisement for Bids. tainance of Airport Vehicles and Services, Department of Finance, Where invitations for bids are Equipment, for Various Divisions, as authorized by Ordinance No. advertised, the following notice Department of Port Control, as 1207-03, passed by the Council of shall be included in the advertise- authorized by Ordinance No. 1687- the City of Cleveland, August 13, ment: “Pursuant to the MBE/FBE 03, passed by the Council of the 2003. Code, each prime bidder, each minor- City of Cleveland, October 13, 2003. THERE WILL BE A MANDATORY ity business enterprise (“MBE”) and THERE WILL BE A NON-MAN- PRE-BID MEETING, MONDAY, each female business enterprise DATORY PRE-BID MEETING, JANUARY 5, 2004 AT 10:00 A.M., (“FBE”) must be certified before WEDNESDAY, JANUARY 7, 2004 INFORMATION TECHNOLOGY & doing business with the City. There- AT 10:00 A.M., CLEVELAND HOP- SERVICES, CONFERENCE ROOM, fore, any prime contractor wishing KINS INTERNATIONAL AIR- 1404 E. 9th ST., CLEVELAND, to receive credit for using an MBE PORT’S CENTRAL RECEIVING OHIO 44114. or FBE should ensure that applica- BUILDING, 19451 FIVE POINTS THE CITY WILL NOT CONSIDER tions for certification as to MBE or ROAD, CLEVELAND, OHIO 44135. THE BID OF ANYONE WHO FBE status compliance with the DOES NOT ATTEND A MANDA- Code, affirmative action in employ- Citywide Scrap Metal Sales, autho- TORY PRE-BID CONFERENCE. ment and, if applicable, joint ven- rized by Section 181.19, of the Cod- ture status, are submitted to the ified Ordinances of Cleveland, Office of Equal Opportunity (“OEO”) Ohio, 1976. December 24, 2003 and December 31, 2003 prior to the date of bid opening or THERE WILL BE A NON-MAN- submission of proposals or as spec- DATORY PRE-BID MEETING, THURSDAY, JANUARY 15, 2004 ified by the Director. Failure to WEDNESDAY, JANUARY 7, 2004 comply with the business enterprise AT 10:00 A.M., DIVISION OF Superior Avenue Sewer Rehabilita- code or with representations made WASTE COLLECTION, 5600 CAR- tion, for the Division of Water on these forms may result in can- NEGIE AVENUE, CLEVELAND, Pollution Control, Department of cellation of the contract or other OHIO 44113. Public Utilities, as authorized by civil or criminal penalties.” Ordinance No. 644-03, passed by the Council of the City of Cleve- WEDNESDAY, JANUARY 7, 2004 December 17, 2003 and December 24, 2003 land, July 16, 2003. THERE WILL BE A REFUNDABLE Miscellaneous-Sized Steel Plates, for THURSDAY, JANUARY 15, 2004 FEE FOR PLANS/SPECIFICA- Various Divisions, Department of TIONS IN THE AMOUNT OF Finance, as authorized by Ordi- Fire Tower and Fire Academy FIFTY DOLLARS ($50.00) IN THE nance No. 2021-03, passed by the HVAC, for the Division of Archi- FORM OF A CASHIER’S CHECK Council of the City of Cleveland, tecture, Department of Public Ser- AND/OR MONEY ORDER. November 10, 2003. vice, as authorized by Ordinance THERE WILL BE A NON-MANDA- THERE WILL BE A NON-MANDA- No. 838-02, passed by the Council TORY PRE-BID MEETING TUES- TORY PRE-BID MEETING, TUES- of the City of Cleveland, June 10, DAY, JANUARY 6, 2004 AT 3:00 DAY, DECEMBER 30, 2003 AT 2002. P.M., DIVISION OF WATER POL- 1:00 P.M., CITY HALL, 601 LAKE- THERE WILL BE A REFUNDABLE LUTION CONTROL, 12302 KIRBY SIDE AVE., ROOM 104, CLEVE- FEE FOR PLANS/SPECIFICA- AVENUE, CLEVELAND, OHIO LAND, OHIO 44114. TIONS IN THE AMOUNT OF 44108. FIFTY DOLLARS ($50.00) IN THE FORM OF A CASHIER’S Meyer Snow Plow Parts & Labor, for December 17, 2003 and December 24, 2003 CHECK AND/OR MONEY the Division of Motor Vehicles ORDER. Maintenance, Department of Pub- THURSDAY, JANUARY 8, 2004 THERE WILL BE A NON-MAN- lic Service as authorized by Ordi- DATORY PRE-BID MEETING, nance No. 802-03, passed by the Presort Mail Services, for Various TUESDAY, JANUARY 6, 2004 AT Council of the City of Cleveland, Divisions, Department of Finance, 10:00 A.M., FIRE ACADEMY, 32011 June 10, 2003. as authorized by Ordinance No. LAKESIDE AVENUE, CLEVE- THERE WILL BE A NON-MANDA- 2024-03, passed by the Council of LAND, OHIO. TORY PRE-BID MEETING, MON- the City of Cleveland, November DAY, JANUARY 5, 2004 AT 4:30 10, 2003. P.M., DIVISION OF MOTOR VEHI- THERE WILL BE A NON-MANDA- December 17, 2003 and December 24, 2003 CLE MAINTENANCE, 4150 EAST TORY PRE-BID MEETING, MON- 49th ST., BUILDING #1, CLEVE- DAY, DECEMBER 29, 2003 AT FRIDAY, JANUARY 23, 2004 LAND, OHIO 44105. 10:00 A.M., CITY HALL, 601 LAKESIDE AVE., ROOM 104, Sodium Hypochlite Solution, for the CLEVELAND, OHIO 44114. Division of Water, Department of December 24, 2003 and December 31, 2003 Public Utilities, as authorized by Paper & Cloth Wipers, for Various Section 129.24, of the Codified THURSDAY, JANUARY 15, 2004 Divisions, Department of Finance, Ordinances of Cleveland, Ohio, as authorized by Ordinance No. 1976. Stihl and Honda Mower Parts and 2022-03, passed by the Council of THERE WILL BE A NON-MAN- Labor, for the Division of Motor the City of Cleveland, November DATORY PRE-BID MEETING, Vehicles Maintenance, Department 10, 2003. THURSDAY, JANUARY 8, 2004 of Public Service, as authorized by 2837 8 The City Record December 24, 2003

Ordinance No. 803-03, passed by Thence South 00° 18' 55" West a Be it resolved by the Council of the Council of the City of Cleve- distance of 35.00 feet to a point on the City of Cleveland: land, June 10, 2003. the Southerly proposed right-of-way Section 1. That objection to a C1 THERE WILL BE A NON-MANDA- line of Memphis Avenue, being the and C2 Liquor Permit to S & R TORY PRE-BID MEETING, MON- true place of beginning; Browns Food Market, Inc., DBA DAY, JANUARY 5, 2004 AT 4:00 Thence North 89° 41' 05" West Browns Food Market, 761 Stark- P.M., DIVISION OF MOTOR VEHI- along the Southerly proposed right- weather Avenue, 1st Floor and Base- CLE MAINTENANCE, 4150 EAST of-way line of Memphis Avenue a ment, Cleveland, Ohio 44113, Perma- 49th ST., BUILDING #1, CLEVE- distance of 29.85 feet to a point; nent Number 8459405 be and the LAND, OHIO 44105. Thence South 44° 58' 22" West same is hereby withdrawn and Res- along the Southerly proposed right- olution No. 1623-02, containing such of-way line of Memphis Avenue a objection, be and the same is here- December 24, 2003 and December 31, 2003 distance of 7.03 feet to a point on by repealed and that this Council the Easterly right-of-way line of consents to the immediate renewal FRIDAY, JANUARY 16, 2004 West 47th Street; thereof. Thence North 00° 22' 05" West Section 2. That this resolution is Fasteners, for Various Divisions, along the Easterly right-of-way line hereby declared to be an emergency Department of Finance, as autho- of West 47th Street a distance of measure and provided it receives the rized by Ordinance No. 2019-03, 10.00 feet to a point on the Souther- affirmative vote of two-thirds of all passed by the Council of the City ly existing right-of-way line of Mem- the members elected to Council, it of Cleveland, November 10, 2003. phis Avenue; shall take effect and be in force THERE WILL BE A MANDATORY PRE-BID MEETING, MONDAY, Thence South 89° 41' 05" East immediately upon its adoption and JANUARY 5, 2004 AT 10:00 A.M., along the Southerly existing right- approval by the Mayor; otherwise, it CITY HALL, 601 LAKESIDE of-way line of Memphis Avenue a shall take effect and be in force AVE., ROOM 104, CLEVELAND, distance of 34.85 feet to a point; from and after the earliest period OHIO 44114. Thence South 00° 22' 05" East allowed by law. THE CITY WILL NOT CONSIDER along the Easterly property line a Adopted December 15, 2003. THE BID OF ANYONE WHO distance of 5.00 feet to the true Effective December 22, 2003. DOES NOT ATTEND A MANDA- place of beginning. TORY PRE-BID CONFERENCE. It is understood that the strip of land above described contains an area of 187 S.F., more or less accord- Res. No. 2444-03. December 24, 2003 and December 31, 2003 ing to a survey dated January, 1992 By Council Member Coats. by Bemba K. Jones, P.S., Registered An emergency resolution object- Ohio Professional Surveyor No. 7343, ing to the transfer of ownership of be the same more or less, but sub- a C2 and C2X Liquor Permit to 1010 ADOPTED RESOLUTIONS ject to all legal highways, ease- East 152nd Street. AND ORDINANCES ments, and restrictions of record. Whereas, Council has been noti- Section 2. That the Director of fied by the Department of Liquor Finance is authorized to cause writ- Control of an application for the ten notice of the adoption of this transfer of ownership of a C2 and Res. No. 2147-03. resolution to be given to the own- C2X Liquor Permit from Reserve By Council Members O’Malley, ers, persons in possession, or having Enterprises, Inc., DBA Five Points Sweeney, Cimperman and Jackson an interest of record in the above- Eagle Market, 1010 East 152nd (by departmental request). mentioned premises. The notice Street, Cleveland, Ohio 44110, Per- An emergency resolution declar- shall be served according to law by manent Number 73080330010 to W W ing the necessity and intention to a person to be designated for that 152, Inc., DBA Five Points Family appropriate property for the public purpose by the Director of Finance Foods, 1010 East 152nd Street, Cleve- use of widening Memphis Avenue, which return shall be made in the land, Ohio 44110, Permanent Number located at 4619 Memphis Avenue. manner provided by law. 9324250; and Whereas, this resolution consti- Section 3. That this resolution is Whereas, the granting of this tutes an emergency measure for the declared to be an emergency mea- application for a liquor permit to immediate preservation of public sure and, provided it receives the this high crime area, which is peace, property, health or safety, affirmative vote of two-thirds of all already saturated with other liquor now, therefore, the members elected to Council, it outlets, is contrary to the best inter- Be it resolved by the Council of shall take effect and be in force ests of the entire community; and the City of Cleveland: immediately upon its adoption and Whereas, the applicant does not Section 1. That for the public pur- approval by the Mayor; otherwise it qualify to be a permit holder and/or pose of widening Memphis Avenue, shall take effect and be in force has demonstrated that he has oper- it is necessary to appropriate in fee from and after the earliest period ated his liquor business in disregard simple interest and this Council allowed by law. of the laws, regulations or local declares its intent to appropriate the Adopted December 15, 2003. ordinances of this state or any other fee simple interest in and to the fol- Effective December 22, 2003. state; and lowing described property located at Whereas, the place for which the 4619 Memphis Avenue: permit is sought has not conformed to the building, safety or health Parcel No. 33 Res. No. 2443-03. requirements of the governing body Situated in the City of Cleveland, By Council Member Cimperman. of this County or City; and County of Cuyahoga, State of Ohio An emergency resolution with- Whereas, the place for which the and in Township 7N, Range 13W, drawing objection to the renewal of permit is sought is so arranged or and known as Sublot No. 4 in The a C1 and C2 Liquor Permit at 761 constructed that law enforcement Denison Realty Company’s Glen- Starkweather Avenue, 1st Floor and officers or agents of the Department brook Allotment of part of Original Basement and repealing Resolution of Liquor Control are prevented rea- Brooklyn Township Lot No. 43 as No. 1623-02, objecting to said re- sonable access to the establishment; shown by the recorded plat in Vol- newal. and ume 53 of Maps, Page 15 of Cuya- Whereas, this Council objected to Whereas, the place for which the hoga County Records, and is bound- a C1 and C2 Liquor Permit to 761 permit is sought is so located with ed and described as follows; Starkweather Avenue, 1st Floor and respect to the neighborhood that it Being a parcel of land lying on Basement by Resolution No. 1623-02 substantially interferes with public the Southerly side of Memphis adopted by the Council on August decency, sobriety, peace or good Avenue and located within the fol- 14, 2002; and order; and lowing described points in the Whereas, this Council wishes to Whereas, this objection is based boundary thereof: withdraw its objection to the above on other legal grounds as set forth Commencing at a monument found renewal and consents to said renew- in Revised Code Section 4303.292; on the right-of-way centerline of al; and and Memphis Avenue Station 53+73.30; Whereas, this resolution consti- Whereas, this resolution consti- Thence South 89° 41' 05" East tutes an emergency measure provid- tutes an emergency measure provid- along the right-of-way centerline of ing for the usual daily operation of ing for the immediate preservation Memphis Avenue a distance of 442.33 a municipal department; now, there- of the public peace, prosperity, safe- feet to a point; fore, ty and welfare pursuant to Section 2838 December 24, 2003 The City Record 9

4303.26 of the Ohio Revised Code. Whereas, this objection is based immediately upon its adoption and Council’s objection to said permit on other legal grounds as set forth approval by the Mayor; otherwise, it must be received by the Director of in Revised Code Section 4303.292; shall take effect and be in force Liquor Control within 30 days of and from and after the earliest period notification; now, therefore, Whereas, this resolution consti- allowed by law. Be it resolved by the Council of tutes an emergency measure pro- Adopted December 15, 2003. the City of Cleveland: viding for the immediate preserva- Effective December 22, 2003. Section 1. That Council does here- tion of the public peace, prosperi- by record its objection to the trans- ty, safety and welfare pursuant to fer of ownership of a C2 and C2X Section 4303.26 of the Ohio Revised Liquor Permit from Reserve Enter- Code. Council’s objection to said Res. No. 2447-03. prises, Inc., DBA Five Points Eagle permit must be received by the By Council Member Reed. Market, 1010 East 152nd Street, Director of Liquor Control within An emergency resolution object- Cleveland, Ohio 44110, Permanent 30 days of notification; now, there- ing to a New C1 Liquor Permit at Number 73080330010 to W W 152, fore, 10815 Kinsman Avenue. Inc., DBA Five Points Family Foods, Be it resolved by the Council of Whereas, Council has been noti- 1010 East 152nd Street, Cleveland, the City of Cleveland: fied by the Department of Liquor Ohio 44110, Permanent Number Section 1. That Council does here- Control of an application for a New 9324250; and requests the Director of by record its objection to a New C1 C1 Liquor Permit at Aldi, Inc., DBA Liquor Control to set a hearing for Liquor Permit at Aldi, Inc., DBA Aldi, #34, 10815 Kinsman Avenue, said application in accordance with Aldi, #25, 3787 Pearl Road, Cleve- Cleveland, Ohio 44104, Permanent provisions of Section 4303.26 of the land, Ohio 44109, Permanent Number Number 01007780445; and Revised Code of Ohio. 01007780410, and requests the Direc- Whereas, the granting of this Section 2. That the Clerk of Coun- tor of Liquor Control to set a hear- application for a liquor permit to cil be and she is hereby directed to ing for said application in accor- this high crime area, which is transmit two certified copies of this dance with provisions of Section already saturated with other liquor resolution, together with two copies 4303.26 of the Revised Code of Ohio. outlets, is contrary to the best inter- of a letter of objection and two Section 2. That the Clerk of Coun- ests of the entire community; and copies of a letter requesting that the cil be and she is hereby directed to Whereas, the applicant does not hearing be held in Cleveland, Cuya- transmit two certified copies of this qualify to be a permit holder and/or hoga County. resolution, together with two copies has demonstrated that he has oper- Section 3. That this resolution is of a letter of objection and two ated his liquor business in disregard hereby declared to be an emergency copies of a letter requesting that the of the laws, regulations or local measure and, provided it receives hearing be held in Cleveland, Cuya- ordinances of this state or any other the affirmative vote of two-thirds of hoga County. state; and all the members elected to Council, Section 3. That this resolution is Whereas, the place for which the it shall take effect and be in force hereby declared to be an emergency permit is sought has not conformed immediately upon its adoption and measure and, provided it receives to the building, safety or health approval by the Mayor; otherwise, it the affirmative vote of two-thirds of requirements of the governing body all the members elected to Council, shall take effect and be in force of this County or City; and it shall take effect and be in force from and after the earliest period Whereas, the place for which the immediately upon its adoption and permit is sought is so arranged or allowed by law. approval by the Mayor; otherwise, it constructed that law enforcement Adopted December 15, 2003. shall take effect and be in force officers or agents of the Department Effective December 22, 2003. from and after the earliest period of Liquor Control are prevented rea- allowed by law. sonable access to the establishment; Adopted December 15, 2003. and Effective December 22, 2003. Whereas, the place for which the Res. No. 2445-03. permit is sought is so located with By Council Member Gordon. respect to the neighborhood that it An emergency resolution object- substantially interferes with public ing to a New C1 Liquor Permit at Res. No. 2446-03. decency, sobriety, peace or good 3787 Pearl Road. By Council Member Gordon. order; and Whereas, Council has been noti- An emergency resolution with- Whereas, this objection is based fied by the Department of Liquor drawing objection to the renewal of on other legal grounds as set forth Control of an application for a New a D5 Liquor Permit at 4301 State in Revised Code Section 4303.292; C1 Liquor Permit at Aldi, Inc., DBA Road and repealing Resolution No. and Aldi, #25, 3787 Pearl Road, Cleve- 1319-03, objecting to said renewal. Whereas, this resolution consti- land, Ohio 44109, Permanent Number Whereas, this Council objected to tutes an emergency measure pro- 01007780410; and a D5 Liquor Permit to 4301 State viding for the immediate preserva- Whereas, the granting of this Road by Resolution No. 1319-03 tion of the public peace, prosperi- application for a liquor permit to adopted by the Council on July 16, ty, safety and welfare pursuant to this high crime area, which is 2003; and Section 4303.26 of the Ohio Revised already saturated with other liquor Whereas, this Council wishes to Code. Council’s objection to said outlets, is contrary to the best inter- withdraw its objection to the above permit must be received by the ests of the entire community; and renewal and consents to said renew- Director of Liquor Control within Whereas, the applicant does not al; and 30 days of notification; now, there- qualify to be a permit holder and/or Whereas, this resolution consti- fore, has demonstrated that he has oper- tutes an emergency measure provid- Be it resolved by the Council of ated his liquor business in disregard ing for the usual daily operation of the City of Cleveland: of the laws, regulations or local a municipal department; now, there- Section 1. That Council does here- ordinances of this state or any other fore, by record its objection to a New C1 state; and Be it resolved by the Council of Liquor Permit at Aldi, Inc., DBA Whereas, the place for which the the City of Cleveland: Aldi, #34, 10815 Kinsman Avenue, permit is sought has not conformed Section 1. That objection to a D5 Cleveland, Ohio 44104, Permanent to the building, safety or health Liquor Permit to B C G, Inc., DBA Number 01007780445, and requests requirements of the governing body Bus Stop Inn, 45301 State Road, the Director of Liquor Control to set of this County or City; and Cleveland, Ohio 44109, Permanent a hearing for said application in Whereas, the place for which the Number 0347602 be and the same is accordance with provisions of Sec- permit is sought is so arranged or hereby withdrawn and Resolution tion 4303.26 of the Revised Code of constructed that law enforcement No. 1319-03, containing such objec- Ohio. officers or agents of the Department tion, be and the same is hereby Section 2. That the Clerk of Coun- of Liquor Control are prevented rea- repealed and that this Council con- cil be and she is hereby directed to sonable access to the establishment; sents to the immediate renewal transmit two certified copies of this and thereof. resolution, together with two copies Whereas, the place for which the Section 2. That this resolution is of a letter of objection and two permit is sought is so located with hereby declared to be an emergency copies of a letter requesting that the respect to the neighborhood that it measure and provided it receives the hearing be held in Cleveland, Cuya- substantially interferes with public affirmative vote of two-thirds of all hoga County. decency, sobriety, peace or good the members elected to Council, it Section 3. That this resolution is order; and shall take effect and be in force hereby declared to be an emergency 2839 10 The City Record December 24, 2003 measure and, provided it receives newal based upon and pursuant to a Section 2. That the Clerk of Coun- the affirmative vote of two-thirds of cooperation agreement signed De- cil is hereby requested to transmit all the members elected to Council, cember 10, 2003 by and through City a copy of the resolution to the Exec- it shall take effect and be in force Council Representative, Michael D. utive Director of Cleveland Housing immediately upon its adoption and Polensek and Applicant, Collette Network. approval by the Mayor; otherwise, it Pinkston, Operator and Potential Section 3. That this resolution is shall take effect and be in force Purchaser of Smoht Corporation, hereby declared to be an emergency from and after the earliest period DBA Jake’s Firewater, 17438 St. Clair measure and, provided it receives allowed by law. Avenue, Cleveland, Ohio 44110, Per- the affirmative vote of two-thirds of Adopted December 15, 2003. manent Number 8320927, a copy of all the members elected to Council, Effective December 22, 2003. which is in the file for this address it shall take effect and be in force with the City Law Department and immediately upon its adoption and Whereas, this resolution consti- approval by the Mayor; otherwise, it tutes an emergency measure provid- shall take effect and be in force Res. No. 2448-03. ing for the usual daily operation of from and after the earliest period By Council Member Polensek. a municipal department; now, there- allowed by law. An emergency resolution with- fore, Adopted December 15, 2003. drawing objection to the transfer of Be it resolved by the Council of Effective December 22, 2003. ownership of a C1 Liquor Permit to the City of Cleveland: 18506 St. Clair Avenue and repealing Section 1. That objection to a D1, Resolution No. 1900-03, objecting to D2, D3 and D3A Liquor Permit to said transfer. Smoht Corporation, DBA Jake’s Fire- Res. No. 2460-03. Whereas, this Council objected to water, 17438 St. Clair Avenue, Cleve- By Council Member Cimperman. a C1 Liquor Permit to 18506 St. Clair land, Ohio 44110, Permanent Number An emergency resolution object- Avenue by Resolution No. 1900-03 8320927 be and the same is hereby ing to the stock transfer of owner- adopted y the Council on September withdrawn and Resolution No. 1333- ship of a D5 and D6 Liquor Permit 29, 2003; annd 03, containing such objection, be and to 4829 Superior Avenue. Whereas, this Council wishes to the same is hereby repealed and Whereas, Council has been noti- withdraw its objection to the above that this Council consents to the fied by the Department of Liquor transfer and consents to said trans- immediate renewal thereof. Control of an application for a stock fer based jupon and pursuant to a Section 2. That this resolution is transfer of ownership of a D5 and cooperation agreement signed De- hereby declared to be an emergency D6 Liquor Permit to S C S Enter- cember 2, 2003 by and through City measure and provided it receives the prises, Inc., DBA Marbles Grill and Council Representative, Michael D. affirmative vote of two-thirds of all Bar, 4829 Superior Avenue, Cleve- Polensek and Applicant, Baldev S.. the members elected to Council, it land, Ohio 44103, Permanent Number Dod, President of H. M. Goldi, Inc.., shall take effect and be in force 7933934; and DBA Food Plus All, 18506 St. Clair immediately upon its adoption and Whereas, the granting of this Avenue, Cleveland, Ohio, 4110, Per- approval by the Mayor; otherwise, it application for a liquor permit to manent Number 3471700, a copy of shall take effect and be in force this high crime area, which is which is in the file for this address from and after the earliest period already saturated with other liquor with the City Law Department; and allowed by law. outlets, is contrary to the best inter- Whereas, this resolution consti- Adopted December 15, 2003. ests of the entire community; and tutes an emergency measure provid- Effective December 22, 2003. Whereas, the applicant does not ing for the usual daily operation of qualify to be a permit holder and/or a municipal department; now, there- has demonstrated that he has oper- fore, ated his liquor business in disregard Be it resolved by the Council of Res. No. 2459-03. of the laws, regulations or local the City of Cleveland: By Council Member Reed. ordinances of this state or any other Section 1. That objection to a C1 An emergency resolution support- state; and Liquor Permit to H. M. Goldi, Inc., ing the proposal of Mt. Pleasant Whereas, the place for which the DBA Food Plus All, 18506 St. Clair NOW HDAP Homes to provide af- permit is sought has not conformed Avenue, Cleveland, Ohio 44110, Per- fordable housing for the benefit of to the building, safety or health manent Number 3470100 be and the citizens of Cleveland through the requirements of the governing body same is hereby withdrawn and Res- use of funding from the Ohio Hous- of this County or City; and olution No. 1900-03, containing such ing Finance Agency. Whereas, the place for which the objection, be and the same is here- Whereas, each year the Ohio permit is sought is so arranged or by repealed and that this Council Housing Finance Agency allocates constructed that law enforcement consents to the immediate transfer funding for affordable housing de- officers or agents of the Department thereof. velopments throughout Ohio using a of Liquor Control are prevented rea- Section 3. That this resolution is competitive proposal process; and sonable access to the establishment; hereby declared to be an emergency Whereas, the Council of the City and measure and, provided it receives of Cleveland has recognized the Whereas, the place for which the the affirmative vote of two-thirds of need to maintain affordable housing permit is sought is so located with all the members elected to Council, in our neighborhoods; and respect to the neighborhood that it it shall take effect and be in force Whereas, Mt. Pleasant NOW substantially interferes with public immediately upon its adoption and HDAP Homes is proposing to devel- decency, sobriety, peace or good approval by the Mayor; otherwise, it op up to 11 new single-family homes order; and shall take effect and be in force in the City of Cleveland; and Whereas, this objection is based from and after the earliest period Whereas, 100% of these units will on other legal grounds as set forth allowed by law. be sold to and occupied by families in Revised Code Section 4303.292; Adopted December 15, 2003. with incomes at or below 80% of the and Effective December 22, 2003. area median income; and Whereas, this resolution consti- Whereas, the Mt. Pleasant NOW tutes an emergency measure pro- HDAP Homes project will benefit viding for the immediate preserva- the citizens of the City; and tion of the public peace, prosperi- Res. No. 2449-03. Whereas, this resolution consti- ty, safety and welfare pursuant to By Council Member Polensek. tutes an emergency measure for the Section 4303.26 of the Ohio Revised An emergency resolution with- immediate preservation of public Code. Council’s objection to said drawing objection to the renewal of peace, property, health, or safety, permit must be received by the a D1, D2, D3 and D3A Liquor Per- now, therefore, Director of Liquor Control within mit at 17438 St. Clair Avenue and Be it resolved by the Council of 30 days of notification; now, there- repealing Resolution No. 1333-03, the City of Cleveland: fore, objecting to said renewal. Section 1. That the Council of the Be it resolved by the Council of Whereas, this Council objected to City of Cleveland supports the pro- the City of Cleveland: a D1, D2, D3 and D3A Liquor Per- posal of Mt. Pleasant NOW HDAP Section 1. That Council does here- mit to 17438 St. Clair Avenue by Res- Homes to provide affordable hous- by record its objection to the stock olution No. 1333-03 adopted by the ing for the citizens of the Cleveland transfer of ownership of a D5 and Council on July 16, 2003; and through the use of funding from the D6 Liquor Permit to S C S Enter- Whereas, this Council wishes to Housing Development Assistance Pro- prises, Inc., DBA Marbles Grill and withdraw its objection to the above gram of the Ohio Housing Finance Bar, 4829 Superior Avenue, Cleve- renewal and consents to said re- Agency. land, Ohio 44103, Permanent Number 2840 December 24, 2003 The City Record 11

7933934; and requests the Director of their marketing and promotion sys- Be it resolved by the Council of Liquor Control to set a hearing for tems and take steps to move in a the City of Cleveland: said application in accordance with more positive and socially accept- Section 1. That this Council provisions of Section 4303.26 of the able way to promote its products strongly urges the U.S. Congress to Revised Code of Ohio. and services. support the Metropolitan Congestion Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- Relief Act and to include the Metro- cil be and she is hereby directed to cil is hereby directed to transmit politan Congestion Relief Act in the transmit two certified copies of this certified copies of this resolution to reauthorization of the Transporta- resolution, together with two copies the CEO and President of eBay, the tion Equity Act for the 21st Centu- of a letter of objection and two Board Members of the National ry (TEA-21). copies of a letter requesting that the League of Cities, the Executive Section 2. That the Clerk of Coun- hearing be held in Cleveland, Cuya- Director and Officers of the Board cil is hereby requested to transmit hoga County. of the Cleveland NAACP. copies of this resolution to U.S. Sen- Section 3. That this resolution is Section 3. That this resolution is ator Michael DeWine, U.S. Senator hereby declared to be an emergency hereby declared to be an emergency , Congressman Den- measure and, provided it receives measure and, provided it receives nis Kucinich, Congresswoman Steph- the affirmative vote of two-thirds of the affirmative vote of two-thirds of anie Tubbs Jones, Congressman all the members elected to Council, all the members elected to Council, Steven LaTourette, and the Board it shall take effect and be in force it shall take effect and be in force Members of the National League of immediately upon its adoption and immediately upon its adoption and Cities. approval by the Mayor; otherwise, it approval by the Mayor; otherwise it Section 3. That this resolution is shall take effect and be in force shall take effect and be in force hereby declared to be an emergency from and after the earliest period from and after the earliest period measure and, provided it receives allowed by law. allowed by law. the affirmative vote of two-thirds of Adopted December 15, 2003. Adopted December 15, 2003. all the members elected to Council, Effective December 22, 2003. Effective December 22, 2003. it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force Res. No. 2462-03. Res. No. 2463-03. from and after the earliest period By Council Members Coats, Jones, By Council Members Zone, Reed, allowed by law. Reed, Britt, Pierce Scott, Conwell, Sweeney and Britt. Adopted December 15, 2003. Zone, Jackson, Brady, Cimperman, An emergency resolution urging Effective December 22, 2003. Cintron, Dolan, Gordon, Johnson, the U.S. Congress to support the Met- Lewis, O’Malley, Polensek, Rybka, ropolitan Congestion Relief Act and Sweeney, Westbrook and White. to include the Metropolitan Conges- An emergency resolution calling tion Relief Act in the reauthoriza- Res. No. 2464-03. on eBay to conduct a simple techni- tion of the Transportation Equity By Council Member O’Malley. cal modification of its search engine Act for the 21st Century. An emergency resolution object- to eliminate the use of racially Whereas, America’s cities rely on ing to a New C1 Liquor Permit at derogative terms from their market- transportation infrastructure to keep 6501 Denison Avenue. ing and promotion systems and take their economies competitive in the Whereas, Council has been noti- steps to move in a more positive and world marketplace; and fied by the Department of Liquor socially acceptable way to promote Whereas, many cities are facing Control of an application for a New its products and services. the need to build, rebuild, or repair C1 Liquor Permit at Hanini 7 Oil, Whereas, the present structure of major segments of their transporta- Inc., DBA West 65th Gas USA, 6501 the eBay search engine, brought to tion infrastructure to stimulate eco- Denison Avenue, Cleveland, Ohio the attention of Cleveland City nomic growth and ensure safe trav- 44102, Permanent Number 3571080; Council by the National Black Cau- el; and and cus of Local Elected Officials and Whereas, the current federal aid Whereas, the granting of this the National League of Cities, al- highway program that places the application for a liquor permit to lows for the use of racially insensi- state departments of transportation this high crime area, which is al- tive terms to be used to identify in the role of innovator and man- ready saturated with other liquor products associated with African- ager of urban transportation pro- outlets, is contrary to the best inter- Americans such as: Black Nigger ests of the entire community; and grams has not solved congestion, Tobacco Marbles, 1930 Nigger Head Whereas, the applicant does not which has dramatically increased in Oysters, Jolly Nigger Head Banks qualify to be a permit holder and/or the past ten years in most metro- and many others; and has demonstrated that he has oper- politan areas; and Whereas, corporations have a ated his liquor business in disregard Whereas, the Metropolitan Con- social responsibility to respect the of the laws, regulations or local gestion Relief Act (HR 3611) con- cultural history and diversity of all ordinances of this state or any other tains a multi-part approach to urban citizens of the United States; and in state; and congestion; and doing so, it is vital that racially Whereas, the place for which the derogatory terms be eliminated from Whereas, this multi-part approach permit is sought has not conformed the flow of American commerce, to urban congestion creates a new to the building, safety or health while maintaining the values asso- urban congestion program, which requirements of the governing body ciated with the constitutional right could be used for so called “mega- of this County or City; and to freedom of speech; and projects”; and Whereas, the place for which the Whereas, the National League of Whereas, this multi-part approach permit is sought is so arranged or Cities has challenged its members to urban congestion targets more constructed that law enforcement and all municipal officials to take funding that can be used for build- officers or agents of the Department action against racism of all forms; ing, repairing, and rebuilding trans- of Liquor Control are prevented rea- and portation segments to metropolitan sonable access to the establishment; Whereas, this Council is commit- areas from existing programs; and and ted to upholding fundamental prin- Whereas, this multi-part approach Whereas, the place for which the ciples of tolerance, equality and the to urban congestion creates a new permit is sought is so located with rule of law and condemn acts of Incident Management Program to respect to the neighborhood that it bias, bigotry and racism against combat one or the major causes of substantially interferes with public anyone; and urban congestion; and decency, sobriety, peace or good Whereas, this resolution consti- Whereas, the “Metropolitan Con- order; and tutes an emergency measure for the gestion Relief Act” would empower Whereas, this objection is based immediate preservation of public local and regional governments to on other legal grounds as set forth peace, property, health or safety, manage their transportation pro- in Revised Code Section 4303.292; now, therefore, grams and make planning and fund- and Be it resolved by the Council of ing decisions to address urban con- Whereas, this resolution consti- the City of Cleveland: gestion; and tutes an emergency measure provid- Section 1. That this Council here- Whereas, this resolution consti- ing for the immediate preservation by calls on eBay to conduct a sim- tutes an emergency measure for the of the public peace, prosperity, safe- ple technical modification of its immediate preservation of public ty and welfare pursuant to Section search engine to eliminate the use peace, property, health, or safety, 4303.26 of the Ohio Revised Code. of racially derogative terms from now, therefore, Council’s objection to said permit 2841 12 The City Record December 24, 2003 must be received by the Director of assistance and other necessary ser- Section 1. That this Council here- Liquor Control within 30 days of vices; and by expresses its commitment to notification; now, therefore, Whereas, the development of this working with the private sector and Be it resolved by the Council of regional consortium of services re- other governmental entities to devel- the City of Cleveland: quires proper planning to ensure op a comprehensive Cuyahoga Coun- Section 1. That Council does here- that homeless individuals in the ty regional homeless plan and strat- by record its objection to a New C1 Cuyahoga County region are pro- egy that provides homeless individ- Liquor Permit at Hanini 7 Oil, Inc., vided with adequate, appropriate, uals with the necessary skills and DBA West 65th Gas USA, 6501 Deni- and helpful services, including sup- resources to live self sufficiently. son Avenue, Cleveland, Ohio 44102, portive housing, and efficient and Section 2. That this Council hereby Permanent Number 3571080, and re- effective use of taxpayer dollars declares the need for a comprehen- quests the Director of Liquor Con- and private contributions; and sive Cuyahoga County regional trol to set a hearing for said appli- Whereas, proper planning of homeless plan and strategy that cation in accordance with provisions homeless shelters requires the cre- includes the development of a region- of Section 4303.26 of the Revised ation and development of shelters al consortium of services that provide Code of Ohio. that are able to meet the needs of temporary emergency shelter, transi- Section 2. That the Clerk of Coun- all the homeless individuals in the tional housing, and supportive ser- cil be and she is hereby directed to Cuyahoga County region; and vices for homeless individuals. transmit two certified copies of this Whereas, a lack of planning in Section 3. That this Council here- resolution, together with two copies the past has resulted in the devel- by declares the need for the proper of a letter of objection and two opment of homeless shelters that development of a comprehensive copies of a letter requesting that the lack the space and capacity to pro- homeless plan and strategy that hearing be held in Cleveland, Cuya- vide adequate housing to the ensures the creation and develop- hoga County. region’s homeless individuals; and ment of new homeless shelters are Section 3. That this resolution is Whereas, it is the responsibility of able to meet the needs of current hereby declared to be an emergency the region to develop a plan and homeless individuals in the Cuya- measure and, provided it receives strategy that meets the needs of the hoga County region. the affirmative vote of two-thirds of region’s homeless individuals, in- Section 4. That this Council here- all the members elected to Council, cluding housing services and sup- by declares its support of the down- it shall take effect and be in force portive services throughout the town Councilmember in his efforts immediately upon its adoption and region; and to develop a comprehensive region- approval by the Mayor; otherwise, it Whereas, the successful develop- al homeless plan that provides shall take effect and be in force ment of such plan involves the coop- appropriate, adequate, and helpful from and after the earliest period eration and resources of the region’s services to the region’s homeless. allowed by law. governmental entities, the private Section 5. That this Council ex- Adopted December 15, 2003. sector, and public service agencies; tends its gratitude and appreciation Effective December 22, 2003. and to entities and individuals in Cuya- Whereas, it is imperative that the hoga County who are currently development of such plan incorpo- working with homeless individuals in Cuyahoga County to provide rate suggestions and resolve con- emergency shelter, transitional Res. No. 2466-03. cerns of individuals that reside, and housing, and supportive services. By Council Member Cimperman. business that operate, near entities Section 6. That this resolution is An emergency resolution express- that provide homeless assistance; hereby declared to be an emergency ing this Council’s commitment to and measure and, provided it receives working with the private sector and Whereas, the region’s homeless the affirmative vote of two-thirds of other governmental entities to devel- individuals primarily live in the all the members elected to Council, op a comprehensive Cuyahoga Coun- downtown area and the downtown it shall take effect and be in force ty region homeless plan and strate- area is home to several homeless immediately upon its adoption and gy; declaring the need for such plan shelters and transitional housing approval by the Mayor; otherwise, it to include the development of a units; and shall take effect and be in force regional consortium of services that Whereas, the Councilmember rep- from and after the earliest period provide temporary emergency shel- resenting the downtown area is com- allowed by law. ter, transitional housing, and sup- mitted to working with all stake- Adopted December 15, 2003. portive services for homeless indi- holders to develop and implement a Effective December 22, 2003. viduals; declaring the need for such comprehensive homeless service plan to ensure the creation and plan that meets the needs of the development of new homeless shel- region’s homeless individuals and ters that are able to meet the needs respects the concerns of neighbor- Res. No. 2467-03. of current homeless individuals in hoods; and By Council Member Cimperman. the Cuyahoga County region; ex- Whereas, the Councilmember rep- An emergency resolution declar- pressing this Council’s support of resenting the downtown area is ing this Council’s insistence that the downtown Councilmember in his looking to develop a comprehensive any future construction, creation, efforts to develop a comprehensive plan, in conjunction with the and development of new homeless plan addressing the region’s home- region’s local governments, the pri- shelters include a plan ensuring the less issues; and extending this vate sector, and public service agen- new shelter will be able to meet cur- Council’s gratitude and appreciation cies, to address homeless issues and rent needs of the homeless popula- to entities and individuals in Cuya- to provide a consortium of services tion to be served by the shelter; hoga County that are currently to homeless individuals; and declaring this Council’s support of working with homeless individuals Whereas, this plan would provide downtown Councilmember in his to provide emergency shelter, tran- housing and supportive services to efforts to develop a comprehensive sitional housing, and supportive ser- the region’s homeless individuals in plan addressing the needs of the vices. a medical arts building; and region’s homeless individuals; de- Whereas, this Council is commit- Whereas, this plan would meet the claring this Council’s support of the ted to working with the private sec- housing needs of the region’s home- use of Aviation High School as tor and other governmental entities less individuals and would not emergency shelter overflow space; to develop a regional consortium of require overflow housing; and declaring this Council’s support of services that provide temporary Whereas, this Council supports the use of the basement or lower emergency shelters for homeless the downtown Councilmember in his level of City Hall as an overflow individuals, transitional housing for efforts to develop a plan that shelter for homeless men in the homeless individuals, and support- ensures that the Cuyahoga County event that the use of Aviation High ive services for homeless individu- region’s homeless individuals are School is not feasible; and encour- als; and provided with appropriate, adequate, aging the region’s governmental Whereas, the goal of this region- and helpful services in Cleveland entities, private sector, public ser- al consortium of services is to pro- and throughout the region; and vice agencies, neighborhood groups, vide homeless individuals with the Whereas, this resolution consti- and businesses to work together to necessary skills and resources to tutes an emergency measure for the ensure the implementation of home- live self sufficiently; and immediate preservation of public less plans that address the needs of Whereas, the supportive services peace, property, health, or safety, the region’s homeless individuals component includes access to job now, therefore, and ensure the efficient and effec- training, health care, child care ser- Be it resolved by the Council of tive expenditure of taxpayer dollars vices, educational counseling, legal the City of Cleveland: and private contributions. 2842 December 24, 2003 The City Record 13

Whereas, this Council is committed homeless individuals in a medical Whereas, this resolution consti- to working with the private sector arts building that takes into account tutes an emergency measure for the and other governmental entities to the mental and physical needs of immediate preservation of public develop a regional consortium of ser- our homeless community; and peace, property, health, or safety, vices that provide temporary emer- Whereas, another goal of the plan now, therefore, gency shelters for homeless individ- is meet the housing needs of the Be it resolved by the Council of uals, transitional housing for home- region’s homeless women and chil- the City of Cleveland: less individuals, and supportive ser- dren in a manner that would not Section 1. That this Council here- vices for homeless individuals; and require overflow housing; and by declares its insistence that any Whereas, the goal of this region- Whereas, the Council looks for- future construction, creation, and al consortium of services is to pro- ward to working with the Mayor, development of new homeless shel- vide homeless individuals with the Cuyahoga County, the private sec- ters include a plan ensuring the new necessary skills and resources to tor, public service agencies, neigh- shelter will be able to meet current live self sufficiently; and borhood groups and businesses to needs of the homeless population to Whereas, the supportive services ensure the development and imple- be served by the shelter and, there- component includes access to job mentation of a comprehensive plan by, eliminate the need for immedi- training, health care, child care ser- that provides appropriate, adequate, ate overflow shelter space. vices, educational counseling, legal and helpful services to the region’s Section 2. That this Council here- assistance and other necessary ser- homeless individuals and the effi- by declares its support of the down- vices; and cient and effective expenditure of town Councilmember in his efforts Whereas, the development of this taxpayer dollars and private contri- to develop a comprehensive plan regional consortium of services butions; and addressing the needs of the region’s requires proper planning to ensure Whereas, this Council supports homeless individuals. that homeless individuals in the the Councilmember representing the Section 3. That this Council here- Cuyahoga County region are pro- downtown area in his efforts to by declares its support of the use of vided with adequate, appropriate, develop a comprehensive plan ad- Aviation High School as emergency and helpful services, including sup- dressing the needs of the region’s shelter overflow space for homeless portive housing, and efficient and homeless individuals; and individuals. effective use of taxpayer dollars Whereas, this Council is con- Section 4. That this Council here- and private contributions; and cerned about and troubled by the by declares, in the event that the Whereas, proper planning of current need for additional emer- use of Aviation High School as homeless shelters requires the cre- gency shelter space to house home- emergency shelter overflow space is ation and development of shelters less men in Cuyahoga County; and not feasible, its support of the use that are able to meet the needs of Whereas, there is currently a short- of the basement or lower level of all the homeless individuals in age of emergency shelter space for City Hall as overflow shelter for Cuyahoga County; and more than seventy homeless men; and homeless men. Whereas, approximately one hun- Whereas, these homeless men are Section 5. That this Council en- dred (100) women and children cur- forced to sleep on the region’s pub- courages the region’s governmental rently receive temporary housing lic streets and sidewalks in the bit- entities, private sector, public ser- services in the ter cold; and vice agencies, neighborhood groups, area; and Whereas, this Council is commit- and businesses to work together to Whereas, the current proposal for ted to working with the Salvation ensure the implementation of home- creation and development of a Army to address this shelter short- less plans that address the needs of women’s and children’s homeless age; and the region’s homeless individuals shelter in the downtown Cleveland Whereas, such commitment in- and ensure the efficient and effec- area would provide shelter for cludes the use of General B.O. Davis tive expenditure of taxpayer dollars approximately seventy-five (75) Jr. Aviation High School (“Aviation and private contributions. homeless women and children; and High School”) on North Marginal Section 6. That this resolution is Whereas, this current proposal is Road as emergency shelter overflow hereby declared to be an emergency inadequate as it would fail to pro- space; and measure and, provided it receives vide housing services to the current Whereas, in the event that such the affirmative vote of two-thirds of number of homeless women and chil- use of Aviation High School is not all the members elected to Council, dren seeking shelter; and feasible, this Council supports the it shall take effect and be in force Whereas, as a result of this fail- use of the basement or lower level immediately upon its adoption and ure, more than twenty-five (25) of City Hall as an overflow shelter approval by the Mayor; otherwise, it homeless women and children will for homeless men; and shall take effect and be in force be turned away from the shelter Whereas, such use will provide from and after the earliest period each night; and temporary shelter to approximately allowed by law. Whereas, the shelter currently one hundred (100) homeless men; Adopted December 15, 2003. proposed will not be available for and Effective December 22, 2003. use until after this winter season; Whereas, such use will reflect the and City’s commitment to addressing Whereas, this Council feels it is a homeless issues and to working gross disservice to Cuyahoga Coun- with current entities that provide Ord. No. 369-99. ty’s homeless women and children shelter to homeless individuals; and By Council Members Johnson, and that it is the irresponsible and Whereas, the region’s homeless Jones and Robinson (by departmen- inappropriate use of dollars allocat- individuals primarily live in the tal request). ed for homeless services to create downtown area and homeless indi- An emergency ordinance authoriz- and develop a shelter for women viduals turned away from homeless ing the Commissioner of Purchases and children that, at its opening, shelters because of capacity issues and Supplies to sell City-owned prop- will fail to provide shelter for the may often be found sleeping in loca- erty no longer needed for public use current population of women and tions near and around City Hall; and located at the City of Cleveland’s children currently receiving such Whereas, in light of this fact and municipal parking lot between East assistance; and the bitter cold weather upon the 116th, East 117th and Buckeye Whereas, the current shelter pro- Cleveland area, this Council sup- Avenue to the Buckeye Area Devel- posal requires the use of property ports the use of the basement or opment Corporation. that is currently providing homeless ground floor of City Hall as an over- Whereas, the Director of Parks, assistance services and it is unclear flow shelter for homeless individu- Recreation and Properties has re- what effect the shelter proposal will als in the event that the use of Avi- quested the sale of City-owned prop- have on the provision of these ser- ation High School as emergency erty no longer needed for public use vices; and shelter overflow space is not feasi- and located at the City of Cleve- Whereas, the Council with repre- ble; and land’s municipal parking lot be- sentatives from the homeless service Whereas, the Councilmember rep- tween East 116th, East 117th and provider community is developing a resenting the downtown area has Buckeye Avenue; and comprehensive plan to address indicated the need and importance Whereas, this ordinance consti- homeless issues and provide a con- of including the region’s govern- tutes an emergency measure provid- sortium of services to homeless indi- mental entities, the private sector, ing for the usual daily operation of viduals; and public service agencies, neighbor- a municipal department; now, there- Whereas, one of the goals of the hood groups, and local businesses in fore, plan is to provide housing and sup- discussions addressing the region’s Be it ordained by the Council of portive services to the region’s homeless issues; and the City of Cleveland: 2843 14 The City Record December 24, 2003

Section 1. That notwithstanding fied by the Board of Control or Ord. No. 504-03. and as an exception to the provi- Director of Law protecting the par- By Council Member Jackson. sions of Chapters 181 and 183 of the ties as their respective interests An emergency ordinance authoriz- Codified Ordinances of Cleveland, require and shall specifically con- ing the sale of real property as part Ohio, 1976, it is hereby found and tain a provision against the erection of the Land Reutilization Program determined that the following of any advertising signs or bill- and located at 7308 Montgomery described property is no longer boards except permitted identifica- Avenue to Craig C. Wallace. needed for public use: tion signs. That the deed shall con- Whereas, the City of Cleveland tain a provision granting reversion- has elected to adopt and implement P.P.N.: 129-18-083, 084, ary rights to the City if the project the procedures under Chapter 5722 085, 086 and 087 and plans for development of the of the Ohio Revised Code to facili- Situated in the City of Cleveland, property are not reviewed and tate reutilization of nonproductive County of Cuyahoga and State of approved by the Department of Com- lands situated within the City of Ohio and known as being all of munity Development and the City Cleveland; and Sublots Numbers 35, 36, 3, 4 and the Planning Commission and if the con- Whereas, real property acquired Northerly 37 feet of Sublot Number structed project does not conform to under the City’s Land Reutilization 5, in the Rice Homestead Allotment the approved plans. Program is acquired, held, adminis- of part of Original 100 Acre Lot Section 4. That this ordinance is tered and disposed of by the City of Number 428 as shown by the record- hereby declared to be an emergency Cleveland through its Department of ed plat in Volume 45 of Maps, Page measure and, provided it receives Community Development under the 12, of Cuyahoga County Records and the affirmative vote of two-thirds of terms of Chapter 5722 of the Ohio being bounded and described as fol- all the members elected to Council, Revised Code and Section 183.021 of lows: it shall take effect and be in force Codified Ordinances of the City of Beginning at a point in the East- immediately upon its passage and Cleveland, 1976; and erly line of East 116th Street, (60 approval by the Mayor; otherwise it Whereas, this ordinance consti- feet wide) at the Northwesterly cor- shall take effect and be in force tutes an emergency measure provid- ner of said Sublot Number 3, in the from and after the earliest period ing for the usual daily operation of Rice Homestead Allotment; allowed by law. a municipal department; now, there- Thence Southerly, along said Passed December 15, 2003. fore, Easterly line of East 116th Street, Effective December 22, 2003. Be it ordained by the Council of about 117.00 feet to a point therein, the City of Cleveland: said point being 3.00 feet Northerly, Section 1. That pursuant to Sec- measured along said Easterly line tion 183.021 of the Codified Ordi- of East 116th Street, from the South- Ord. No. 2028-02. nances of Cleveland, Ohio, 1976, the westerly corner of Sublot Number 5 By Council Members Johnson, Commissioner of Purchases and Sup- as aforesaid; White and Jackson (by departmen- plies is hereby authorized to sell Thence Easterly, along a line, par- tal request). Permanent Parcel No(s). 118-33-097, allel with the Southerly line of said An emergency ordinance authoriz- as more fully described below, to Sublot Number 5 and distant ing the Director of Parks, Recre- Craig C. Wallace. Northerly, 3.00 feet by rectangular ation and Properties to enter into Section 2. That the real property measurement therefrom, 120.00 feet one or more license agreements with to be sold pursuant to this ordinance to a point in the Easterly line of MBI, Inc., d.b.a. Danbury Mint, to is more fully described as follows: said Sublot Number 5, said point use the image of the Cleveland being 3.00 feet Northerly from the Brown Stadium. P. P. No. 118-33-097 Southeasterly corner thereof; Whereas, the City of Cleveland Situated in the City of Cleveland, Thence Northerly, along said East- owns the intellectual property rights County of Cuyahoga and State of erly line of Sublot Number 5, about to the image of the Cleveland Ohio, and known as being Sublot No. 32.00 feet to a point at the South- Browns Stadium; and 17 in M.B. Sterling’s Allotment of westerly corner of Sublot Number 35 Whereas, the City has received part of Original One Hundred Acre in said Rice Homestead Allotment; requests from MBI, Inc., d.b.a. Dan- Lot No. 336 as shown by the record- Thence Easterly, along the South- bury Mint, to use the image of the ed plat in Volume 3 of Maps, Page erly line of said Sublot Number 35, Stadium on a 40 of Cuyahoga County Records and Cleveland Brown throw blanket and 104.00 feet to the Westerly line of being 40 feet front on the Southerly pillow and the City may receive East 117th Street, (44 feet wide); side of Montgomery Street (now additional requests; and Thence Northerly, along said known as Montgomery Avenue, S.E.) Whereas, this ordinance consti- Westerly line of East 117th Street, and extending back of equal width tutes an emergency measure provid- 70.00 feet to the Northeasterly cor- 128 feet deep to the Northerly line ing for the usual daily operation of ner of Sublot Number 36 in the Rice of a 12 foot alley (now known as a municipal department; now, there- Homestead Subdivision; Montgomery Court, S.E.) as appears fore, Thence Westerly, 104.00 feet to the Be it ordained by the Council of by said plat, be the same more or Northwesterly corner thereof, said the City of Cleveland: less, but subject to all legal high- point being also in the Easterly line Section 1. That notwithstanding ways. of said Sublot Number 3 as first any provision of the Codified Ordi- Also subject to all zoning ordi- aforesaid; nances of Cleveland, Ohio, 1976, to nances, if any. Thence Northerly, along said East- the contrary, the Director of Parks, Section 3. That all documents nec- erly line of Sublot Number 3, about Recreation and Properties may enter essary to complete the conveyance 15.00 feet to the Northeasterly cor- into one or more license agreements authorized by this ordinance shall ner thereof; with MBI, Inc., d.b.a. Danbury Mint, be executed within six (6) months Thence Westerly, along the North- to use the image of the Cleveland of the effective date of this ordi- erly line of said Sublot Number 3 Brown Stadium (“Intellectual Prop- nance. If all of the documents are about 120.00 feet to the place of erty”) for a fee determined by the not executed within six (6) months beginning, as appears by said plat, Board of Control. Any license agree- of the effective date of this ordi- be the same more or less but sub- ment issued shall not be construed nance, or such additional time as ject to all legal highways. to convey any right, title, or inter- may be granted by the Director of Section 2. That by and at the est in the Intellectual Property or in Community Development, this ordi- direction of the Board of Control, any improvements, changes, and/or nance shall be repealed and shall be the Commissioner of Purchases and modifications to the Intellectual of no further force or effect. Supplies is authorized to sell the Property. Section 4. That the consideration above-described property to Buckeye Section 2. That this ordinance is for the subject parcel shall be estab- Area Development Corporation at a declared to be an emergency mea- lished by the Board of Control and price not less than fair market sure and, provided it receives the shall be not less than Fair Market value as determined by the Board of affirmative vote of two-thirds of all Value taking into account such Control. the members elected to Council, it terms and conditions, restrictions Section 3. That the conveyance shall take effect and be in force and covenants as are deemed nec- shall be made by official deed to be immediately upon its passage and essary or appropriate. prepared by the Director of Law and approval by the Mayor; otherwise it Section 5. That the conveyance executed by the Mayor on behalf of shall take effect and be in force authorized hereby shall be made by the City of Cleveland. The deed from and after the earliest period official deed prepared by the Direc- shall contain provisions including allowed by law. tor of Law and executed by the such restrictive covenants and rever- Passed December 15, 2003. Mayor on behalf of the City of sionary interests as may be speci- Effective December 22, 2003. Cleveland. The deed shall contain 2844 December 24, 2003 The City Record 15 such provisions as may be necessary Whereas, this ordinance consti- City of Mansfield, Case No. to protect and benefit the public tutes an emergency measure provid- 1:99CV2507 (U.S. District Ct., North- interest including such restrictive ing for the usual daily operation of ern Dist., Eastern Div.), certain covenants and reversionary inter- a municipal department; now, there- aspects of local regulation were ests as may be specified by the fore, held to conflict with Chapter 4749 of Board of Control, the Director of Be it ordained by the Council of the Revised Code, resulting in inval- Community Development or the the City of Cleveland: idation of those particular ordi- Director of Law. Section 1. That the Codified Ordi- nances; and Section 6. That this ordinance is nances of Cleveland, Ohio, 1976, are Whereas, this ordinance consti- hereby declared to be an emergency supplemented by enacting new Sec- tutes an emergency measure provid- measure and, provided it receives tion 139.16 to read as follows: ing for the usual daily operation of the affirmative vote of two-thirds of a municipal department; now, there- all the members elected to Council, Section 139.16 Applying and Ac- fore, it shall take effect and be in force cepting Federal and State Grants Be it ordained by the Council of immediately upon its passage and The Director of Port Control is the City of Cleveland: approval by the Mayor; otherwise it authorized to apply for and accept Section 1. That the following sec- shall take effect and be in force grants from the United States of tions of the Codified Ordinances of from and after the earliest period America acting through its Federal Cleveland, Ohio, 1976, comprising allowed by law. Aviation Administration, the United Chapter 670 of the Offenses and Passed December 15, 2003. States Department of Transportation Business Activities Code: Effective December 22, 2003. and/or its member agencies, and Section 670.01, as amended by grants from the State of Ohio, as Ordinance No. 90-96, passed March they may become available, to fund 18, 1996, projects related to the operations of Sections 670.02 and 670.03, as Ord. No. 1178-03. Cleveland Hopkins International enacted by Ordinance No. 163-C-79, By Council Members White, Gor- Airport and Burke Lakefront Air- passed March 30, 1981, don and Jackson (by departmental port. The Director is further autho- Section 670.04, as amended by request). rized to file all papers and execute Ordinance No. 2393-02, passed Feb- An emergency ordinance to amend all documents necessary to apply ruary 3, 2003, the title and Section 1 of Ordinance for, accept and receive funds under Section 670.041, as enacted by No. 2094-01, passed March 11, 2002, the grants; provided that the City Ordinance No. 2838-90, passed April relating to the sale of real property shall follow all applicable federal or 8, 1991, as part of the Land Reutilization state regulations; and that any Sections 670.05, 670.06, 670.07, and Program located at 3514 East 91st grant funds are appropriated for the 670.08, as enacted by Ordinance No. Street. purposes in the applications for the 163-C-79, passed March 30, 1981, Whereas, this ordinance consti- grants, or any amendments thereto. Section 670.09, as amended by tutes an emergency measure provid- The Director of Port Control shall Ordinance No. 90-96, passed March ing for the usual daily operation of notify this Council, through its 18, 1996, a municipal department; now, there- Clerk, of any grant or grants accept- Sections 670.10, 670.11, and 670.12, fore, ed under the authority of this sec- as enacted by Ordinance No. 163-C- Be it ordained by the Council of tion, on receipt of each grant. 79, passed March 30, 1981, the City of Cleveland: The Director of Port Control is Section 670.13, as amended by Section 1. That the title and Sec- further authorized to pay cash Ordinance No. 90-96, passed March tion 1 of Ordinance No. 2094-01, matching funds for projects ap- 18, 1996, and passed March 11, 2002, are amended proved by the above-named grantors Section 670.14 through and includ- to read as follows: for grant funding. The matching ing Section 670.25 and 670.99, as An emergency ordinance authoriz- funds shall be paid from funds enacted by Ordinance No. 163-C-79, ing the sale of real property as part appropriated for the use of the passed March 30, 1981, of the Land Reutilization Program Department of Port Control and any are repealed. and located at 3514 East 91st Street existing or future revenue bond Section 2. That this ordinance is to Dorothy Jean Williams and Dar- funds, grant proceeds and PFC hereby declared to be an emergency lene Carmicle. authorizations. measure and, provided it receives Section 1. That pursuant to Sec- Section 2. That this ordinance is the affirmative vote of two-thirds of tion 183.021 of the Codified Ordi- declared to be an emergency mea- all the members elected to Council, nances of Cleveland, Ohio, 1976, the sure and, provided it receives the it shall take effect and be in force Commissioner of Purchases and Sup- affirmative vote of two-thirds of all immediately upon its passage and plies is authorized to sell Permanent the members elected to Council, it approval by the Mayor; otherwise it Parcel No(s). 133-22-052, as more shall take effect and be in force shall take effect and be in force fully described below, to Dorothy immediately upon its passage and from and after the earliest period Jean Williams and Darlene Carmi- approval by the Mayor; otherwise it allowed by law. cle. shall take effect and be in force Passed December 15, 2003. Section 2. That the existing title from and after the earliest period Effective December 22, 2003. and Section 1 of Ordinance No. 2094- allowed by law. 01, passed March 11, 2002, are re- Passed December 15, 2003. pealed. Effective December 22, 2003. Section 3. That this ordinance is Ord. No. 1484-03. declared to be an emergency mea- By Council Members Jackson and sure and, provided it receives the White (by departmental request). affirmative vote of two-thirds of all Ord. No. 1235-03. An emergency ordinance to sup- the members elected to Council, it By Council Member Dolan. plement Ordinance No. 2152-02, shall take effect and be in force An emergency ordinance to repeal passed December 9, 2002, by adding immediately upon its passage and the various sections of the Codified new Section 2b, relating to autho- approval by the Mayor; otherwise it Ordinances of Cleveland, Ohio, 1976, rizing the Director of Finance to shall take effect and be in force that comprise Chapter 670 of the employ professional consultants and from and after the earliest period Offenses and Businesses Code, as to make purchases in order to imple- allowed by law. enacted and amended by various ment a Citywide data and voice Passed December 15, 2003. ordinances, pertaining to armed strategic plan. Effective December 22, 2003. security guards. Whereas, this ordinance consti- Whereas, the Chapter 670 of the tutes an emergency measure provid- Codified Ordinances of Cleveland, ing for the usual daily operation of Ohio, 1976, pertaining to armed secu- a municipal department; now, there- Ord. No. 1220-03. rity guards, predates the regulation fore, By Council Members Westbrook, of armed security services by the Be it ordained by the Council of White and Jackson (by departmen- Ohio Department of Commerce the City of Cleveland: tal request). under Chapter 4749 of the Revised Section 1. That Ordinance No. 2152- An emergency ordinance to sup- Code; and 02, passed December 9, 2002, is sup- plement the Codified Ordinances of Whereas, in the case of Ohio Asso- plemented by adding new Section 2b Cleveland, Ohio, 1976, by enacting ciation of Private Detective Agen- to read as follows: new Section 139.16 relating to apply- cies, Inc. v. City of North Olmsted, Section 2b. That under Section ing and accepting federal and state 65 Ohio St. 3d 242 (1992) and in the 108(b) of the Charter, the purchas- grants. case of County Security Agency v. es, or license of hardware, software, 2845 16 The City Record December 24, 2003 or supplies necessary to implement housing program or shelter is able opinion of the Director that it is nec- the data and voice strategic plan to meet the needs of the current essary for the City of Cleveland to developed under Section 1 of this homeless population to be served by acquire the blighted premises ordinance may be made through the housing program or shelter and because the owner has not respond- cooperative agreements using State the plan states that overflow or ed to a lawful order by the City to procedures. The Director of Finance additional temporary housing space take action to eliminate its recur- may sign all documents with the is not needed. On receipt of the plan rence within thirty (30) days after State of Ohio or any of its political and prior to the execution of a con- due notice thereof. subdivisions that are necessary to tract, the Director of Community Section 2. That a public hearing implement the Citywide data and Development shall promptly forward was held in accordance and compli- voice strategic plan, and may enter a copy of the plan to the Council ance with the requirements of Sec- into contract or contracts with the Member representing the ward in tion 324.08 and 324.09 of the Codified vendor or vendors selected through which the housing program or shel- Ordinances. that cooperative process. ter is located. Section 3. That, based on the fac- Section 2. That this ordinance is Funds provided under this con- tors set forth above and compliance declared to be an emergency mea- tract shall not be used for the with the public notice requirements sure and, provided it receives the expansion of an existing housing above, the Council, as required by affirmative vote of two-thirds of all program and/or emergency men’s or Sections 324.10 and 324.11 of the Cod- the members elected to Council, it emergency women’s and children’s ified Ordinances, finds and deter- shall take effect and be in force homeless shelter unless the housing mines that Permanent Parcel No. immediately upon its passage and program or shelter has submitted a 130-04-029, located at 12309 Kinsman approval by the Mayor; otherwise it plan to the Director of Community Avenue, Cleveland, Ohio, is a blight- shall take effect and be in force Development showing that the new ed premises as defined in Section from and after the earliest period housing program or shelter is able 324.03 of the Codified Ordinances, allowed by law. to meet the needs of the current and that acquisition of the premises Passed December 15, 2003. homeless population to be served by is necessary in order to eliminate Effective December 22, 2003. the housing program or shelter and the blight and prevent its recur- the plan states that overflow or rence. additional temporary housing space Section 4. That based on the find- is not needed. On receipt of the plan ings and declarations set forth here- Ord. No. 1501-03. and prior to the execution of a con- in, the Director of Community Devel- By Council Members Gordon and tract, the Director of Community opment is authorized to negotiate Jackson (by departmental request). Development shall promptly forward the acquisition of the blighted An emergency ordinance authoriz- a copy of the plan to the Council premises from the owner. ing the Director of Community Member representing the ward in Section 5. That notwithstanding Development to expend funds and to which the housing program or shel- and as an exception to the provi- enter into contracts with various ter is located. sions of Chapter 181 and 183 of the non-profit agencies for the imple- Section 6. That this ordinance is Codified Ordinances, of Cleveland, mentation of homeless assistance declared to be an emergency mea- Ohio, 1976, the Commissioner of Pur- activities and with Cuyahoga Coun- sure and, provided it receives the chases and Supplies is authorized to ty for the operation of the Cleve- affirmative vote of two-thirds of all purchase the following described land/Cuyahoga County Office of the members elected to Council, it blighted premises: Homeless Services. shall take effect and be in force Whereas, this ordinance consti- immediately upon its passage and Permanent Parcel No. 130-04-029 tutes an emergency measure provid- approval by the Mayor; otherwise it Situated in the City of Cleveland, ing for the usual daily operation of shall take effect and be in force County of Cuyahoga and State of a municipal department; now, there- from the after the earliest period Ohio and known as being part of fore, allowed by law. Sublot Nos. 82 and 83 in the Craw- Be it ordained by the Council of Passed December 15, 2003. ford-Woodhill Subdivision of part of the City of Cleveland: Effective December 22, 2003. Original One Hundred Acre Lot Nos. Section 1. That the Director of 444 and 445, as shown by The Community Development is autho- Recorded Plat in Volume 47 of Maps, rized to expend funds and enter into Page 12 of Cuyahoga County one or more contracts with various Ord. No. 1503-03. Records, and together forming a non-profit agencies for the imple- By Council Members Reed, Gor- parcel of land bounded and mentation of homeless assistance don, Cimperman and Jackson (by described as follows: activities. departmental request). Beginning at a point in the North- Section 2. That the aggregate cost An emergency ordinance declar- easterly line of Kinsman Road, S.E. of the contracts authorized in Sec- ing the property located at 12309 (66 feet wide) at the Southeasterly tion 1 of this ordinance shall be in Kinsman Avenue blighted premises corner of said Sublot No. 82; an amount not to exceed under Sections 324.01 through 324.16 Thence Northwesterly, along said $1,698,000.00 and shall be paid from of the Codified Ordinances of Cleve- Northeasterly line of Kinsman Road, Fund Nos. 13 SF 981, 14 SF 028 and land, Ohio,1976; and authorizing the S.E. 20.51 feet to the principal place 14 SF 029, Request No. 125748. Director of Community Development of beginning; Section 3. That the Director of to acquire the blighted premises and Thence continuing Northwesterly Community Development is autho- sell the premises to Mt. Pleasant along said Northeasterly line of rized to enter into contract or con- NOW Development Corporation. Kinsman Road S.E. about 41.00 feet tracts with Cuyahoga County to Whereas, this ordinance consti- to a point 13.41 feet Northwesterly operate the Cleveland/Cuyahoga tutes an emergency measure provid- from the Southeasterly corner of County Office of Homeless Services. ing for the usual daily operation of said Sublot No. 83; Section 4. That the cost of the con- a municipal department; now, there- Thence Northerly along a line par- tracts authorized in Section 3 of this fore, allel with the Easterly line of said ordinance shall be in an amount not Be it ordained by the Council of Sublot No. 83, to an angle point to exceed $45,000.00 and shall be the City of Cleveland: therein; paid from Fund No. 13 SF 981, 14 SF Section 1. That, under the require- Thence Easterly along a line par- 028, and 14 SF 029, Request No. ments of Sections 324.01 through allel with the Northerly lines of said 125748. 324.16, inclusive, of the Codified Sublot Nos. 83 and 82 and 37 feet Section 5. That any contract Ordinances of Cleveland, Ohio, 1976, Southerly therefrom to a point there- entered into under the authority of including obtaining the consent of in, said point being Westerly 19.64 this ordinance shall contain the fol- the Councilmember in whose ward feet from the Easterly line of said lowing provision: the premises is located, the Director Sublot No. 82; Funds provided under this con- of Community Development has Thence Southerly, along a line, tract shall not be used for the cre- found and determined that Perma- parallel with the Easterly line of ation, establishment, or development nent Parcel No. 130-04-029, located at said Sublot No. 82 to the principal of a housing program and/or emer- 12309 Kinsman Avenue, owned by place of beginning, as appears by gency men’s or emergency women’s Bishop Samuel Threats, is a blight- said plat, be the same more or less, and children’s homeless shelter in a ed premises, as defined by Section but subject to all legal highways. new location unless the housing pro- 324.03 of the Codified Ordinances, Section 6. That the Director of gram or shelter has submitted a because the bighted premises has Community Development is autho- plan to the Director of Community been condemned under the Codified rized to execute on behalf of the Development showing that the new Ordinances. Furthermore, it is the City of Cleveland all necessary doc- 2846 December 24, 2003 The City Record 17 uments to acquire and to convey the ing for the usual daily operation of cial historical, community, or aes- property and to employ and pay all a municipal department; now, there- thetic interest or value in the land- fees for title companies, surveys, fore, mark; now therefore escrows, appraisers, environmental Be it ordained by the Council of Be it ordained by the Council of audits, and all other costs necessary the City of Cleveland: the City of Cleveland: for the acquisition of the property. Section 1. That notwithstanding Section 1. That Primera Iglesia Section 7. That the Director of and as an exception to the Codified Adventista del Septimo Dia Hispana Community Development is autho- Ordinances of Cleveland, Ohio, 1976, de Cleveland (former Franklin Ave- rized to enter into and execute a the Director of Public Utilities is nue Congregational Church) whose project agreement on behalf of the authorized to enter into one or more street address in the City of Cleve- City of Cleveland with Mt. Pleasant lease agreements with Bass Energy land is 5730 Franklin Boulevard, NOW Development Corporation (the Company, Inc. to explore for, drill N.W., also known as Cuyahoga “Developer”) for the redevelopment for, operate for, produce and remove County Auditor’s permanent parcel or rehabilitation, as defined in Chap- oil, gas and all constituents thereof number 002-15-020 and the land ter 324 of the Codified Ordinances, (“Hydrocarbons”) from Garrett Mor- embracing the site thereof, which in of the blighted premises. gan Water Treatment Plant, and the its entirety is a property having spe- Section 8. That the consideration Harvard Avenue Distribution and cial character or special historical to be paid for this property shall be Maintenance Facility (“Leased or aesthetic value as part of the fair market value, payable from the Premises”) and to transport Hydro- development, heritage, or cultural fund or funds which are appropriat- carbons from other properties characteristics of the City, State, or ed for this purpose. through the Leased Premises. The the United States, be and it hereby Section 9. That the Commissioner is designated a landmark pursuant compensation to be paid to the City of Purchases and Supplies is autho- to Chapter 161 of the Codified Ordi- for the lease agreements shall be rized to convey the blighted proper- nances of Cleveland, Ohio, 1976. fixed by the Board of Control. ty described in this ordinance to the Section 2. That this ordinance is Section 2. That the lease agree- Developer, for fair market value, hereby declared to be an emergency ments authorized shall be prepared taking into account all restrictions, measure, and provided it receives by the Director of Law and shall reversionary interests and similar the affirmative vote of two-thirds of encumbrances placed by the City of contain such terms and conditions all the members elected to Council, Cleveland in the deed of con- as the director deems necessary to it shall take effect and be in force veyance. protect and benefit the public inter- immediately upon its passage and Section 10. That the conveyance est. approval by the Mayor; otherwise, it shall be made by official deed to be Section 3. That this ordinance is shall take effect and be in force prepared by the Director of Law and declared to be an emergency mea- from and after the earliest period executed by the Mayor on behalf of sure and, provided it receives the allowed by law. the City of Cleveland. The deed affirmative vote of two-thirds of all Passed December 15, 2003. shall contain necessary provisions, the members elected to Council, it Effective December 22, 2003. including restrictive reversionary shall take effect and be in force interests as may be specified by the immediately upon its passage and Board of Control or Director of Law, approval by the Mayor; otherwise it which shall protect the parties as shall take effect and be in force Ord. No. 1968-03. their respective interests require from and after the earliest period By Council Members Westbrook and shall specifically contain a pro- allowed by law. and Jackson (by departmental re- vision against the erection of any Passed December 15, 2003. quest). advertising signs or billboards Effective December 22, 2003. An emergency ordinance authoriz- except permitted identification ing the Director of Port Control to signs. enter into a Lease Agreement with Section 11. That the Mayor, Direc- C.K. Newcomb and Associates, Inc. tor of Law and the Director of Com- Ord. No. 1933-03. for the lease of general office and munity Development are authorized By Council Member Zone. storage space at Burke Lakefront to execute such certifications and An emergency ordinance desig- Airport, for the Department of Port documents, and to take other actions nating Primera Iglesia Adventista Control. as may be necessary or appropriate del Septimo Dia Hispana de Cleve- Whereas, this ordinance consti- in connection with the carrying out land (former Franklin Avenue Con- tutes an emergency measure provid- of the terms of the project agree- gregational Church) as a Cleveland ing for the usual daily operation of ment, and the activities contemplat- Landmark. a municipal department; now, there- ed by Chapter 324 of the Codified Whereas, the Cleveland Land- fore, Ordinances. marks Commission (the “Commis- Be it ordained by the Council of Section 12. That this ordinance is sion”) pursuant to Chapter 161 of the City of Cleveland: declared to be an emergency mea- the Codified Ordinances of Cleve- Section 1. That the Director of sure and, provided it receives the land, Ohio, 1976, has proposed the Port Control is authorized to enter affirmative vote of two-thirds of all designation of Primera Iglesia into a Lease Agreement (“Lease”) the members elected to Council, it Adventista del Septimo Dia Hispana with C.K. Newcomb and Associates, shall take effect and be in force de Cleveland (former Franklin Inc. (“Lessee”) for the use and occu- immediately upon its passage and Avenue Congregational Church), as pancy of approximately (a) 1,048 approval by the Mayor; otherwise it square feet of office space located in a landmark; and shall take effect and be in force Room 166 and, (b) 767 square feet of Whereas, the owner of Primera from and after the earliest period storage space located in Room 137-B Iglesia Adventista del Septimo Dia allowed by law. of the terminal building at Burke Hispana de Cleveland (former Passed December 15, 2003. Lakefront Airport. The term of the Franklin Avenue Congregational Effective December 22, 2003. Lease shall be for a two year peri- Church) has been properly notified od, commencing on the effective date of the proposed designation and has of the Lease. For use of the office consented in writing to the proposed space, Lessee shall pay the City a Ord. No. 1803-03. designation; and rent of Twelve Thousand Five Hun- By Council Members Coats and Whereas, the Commission has rec- dred Seventy-six Dollars ($12,576.00) Jackson (by departmental request). ommended designation of Primera each year of the lease. For use of An emergency ordinance authoriz- Iglesia Adventista del Septimo Dia the storage space, Lessee shall pay ing the Director of Public Utilities Hispana de Cleveland (former Frank- the City a rent of Six Thousand One to enter into one or more lease lin Avenue Congregational Church) Hundred Thirty-Six Dollars ($6,136.00) agreements with Bass Energy Com- as a landmark and has set forth cer- each year of the lease. pany, Inc. to explore for, drill for, tain findings of fact constituting the Section 2. That the Lease autho- operate for, produce and remove oil, basis for its decision; and rized shall be prepared by the Direc- gas and all constituents from vari- Whereas, this ordinance consti- tor of Law and shall contain addi- ous City owned real property and to tutes an emergency measure provid- tional terms and conditions as the transport the oil and gas from other ing for the immediate preservation Director deems necessary to protect properties through City owned real of the public peace, property, health, and benefit the public interest. property. and safety in that the immediate Section 3. That this ordinance is Whereas, this ordinance consti- protection of the historic landmark declared to be an emergency mea- tutes an emergency measure provid- is necessary to safeguard the spe- sure and, provided it receives the 2847 18 The City Record December 24, 2003 affirmative vote of two-thirds of all shall take effect and be in force Ord. No. 2032-03. the members elected to Council, it from and after the earliest period By Council Member Westbrook. shall take effect and be in force allowed by law. An emergency ordinance to vacate immediately upon its passage and Passed December 15, 2003. a portion of West 92nd Street approval by the Mayor; otherwise it Effective December 22, 2003. Whereas, on the 12th day of May, shall take effect and be in force 2003, the Council of the City of from and after the earliest period Cleveland adopted Resolution No. allowed by law. 566-03 declaring its intention to Passed December 15, 2003. Ord. No. 2031-03. vacate a portion of West 92nd Effective December 22, 2003. By Council Members Westbrook Street; and and Jackson (by departmental Whereas, notice of the adoption of request). the above has been served upon the An emergency ordinance authoriz- abutting property owners affected Ord. No. 2030-03. ing the purchase by one or more by the resolution, notifying the prop- By Council Members Westbrook requirement contracts of labor and erty owners of the time and place and Jackson (by departmental re- materials necessary to remove rub- at which objections can be heard quest). ber and any other contaminants before the Board of Revision of An emergency ordinance authoriz- from paved surfaces, for the various Assessments; and ing the purchase by one or more divisions of the Department of Port Whereas, on the 7th day of Octo- requirement contracts of labor and Control. ber, 2003, the Board of Revision of materials necessary for painting Whereas, this ordinance consti- Assessments approved the above and paint removal on roadways, run- tutes an emergency measure provid- vacation under the provisions of Sec- ways and other paved surfaces, for ing for the usual daily operation of tion 176 of the Charter of the City the various divisions of the Depart- a municipal department; now, there- of Cleveland; and ment of Port Control. fore Whereas, this Council; is satisfied Whereas, this ordinance consti- Be it ordained by the Council of that there is good cause for vacat- tutes an emergency measure provid- the City of Cleveland: ing portions of the above and that ing for the usual daily operation of Section 1. That the Director of it will not be detrimental to the gen- a municipal department; now, there- Port Control is authorized to make eral interest and ought to be made; fore one or more written requirement and Be it ordained by the Council of contracts under the Charter and the Whereas, this ordinance consti- the City of Cleveland: Codified Ordinances of Cleveland, tutes an emergency measure provid- Section 1. That the Director of Ohio, 1976, for the requirements for ing for the usual daily operation of Port Control is authorized to make the term of one year or two years a municipal department; now, there- one or more written requirement for the necessary items of labor and fore contracts under the Charter and the materials necessary to remove rub- Be it ordained by the Council of Codified Ordinances of Cleveland, ber and any other contaminants the City of Cleveland: Ohio, 1976, for the requirements for from paved surfaces in the approxi- Section 1. That all that portion of the term of one year or two years mate amount as purchased during the following described real proper- for the necessary items of labor and the preceding term, purchased by ty: materials necessary for painting the Commissioner of Purchases and Situated in the City of Cleveland, and paint removal on roadways, run- Supplies on a unit basis for the var- County of Cuyahoga and State of ways and other paved surfaces in ious divisions of the Department of Ohio, and described as being all that the approximate amount as pur- Port Control. Bids shall be taken in portion of West 92nd Street (14.00 chased during the preceding term, a manner that permits an award to feet wide) and its associated purchased by the Commissioner of be made for all items as a single turnouts extending Southerly from Purchases and Supplies on a unit contract, or by separate contract for the Southerly line of Keith Court basis for the various divisions of the each or any combination of the (12.00 feet wide) now vacated by the Department of Port Control. Bids items as the Board of Control deter- Council of the City of Cleveland by shall be taken in a manner that per- mines. Alternate bids for a period Ordinance Number 645-99, about 70.00 mits an award to be made for all less than the specified term may be feet to the Northerly line of the items as a single contract, or by sep- taken if desired by the Commis- North Marginal Roadway of the I-90 arate contract for each or any com- sioner of Purchases and Supplies Freeway, be and the same is here- bination of the items as the Board until provision is made for the by vacated. of Control determines. Alternate requirements for the entire term. Section 2. That the Clerk of Coun- bids for a period less than the spec- The Director of Port Control is cil is directed to notify the Auditor ified term may be taken if desired authorized to enter into one or more of Cuyahoga County of the vacation by the Commissioner of Purchases contracts with a term of two years described in this ordinance by send- and Supplies until provision is made instead of one year when there is a ing him a copy of this ordinance. for the requirements for the entire financial advantage to the City. For Section 3. That this ordinance is term. The Director of Port Control purposes of this ordinance, a finan- declared to be an emergency mea- is authorized to enter into one or cial advantage shall be determined sure and provided it receives the more contracts with a term of two by the Director of Port Control by affirmative vote of two-thirds of all years instead of one year when comparing the bids received for both the members elected to Council, it there is a financial advantage to the terms. shall take effect and be in force City. For purposes of this ordinance, Section 2. That the costs of the immediately upon its passage and a financial advantage shall be deter- contract or contracts shall be approval by the Mayor; otherwise, it mined by the Director of Port Con- charged against the proper appro- shall take effect and be in force trol by comparing the bids received priation accounts and the Director from and after the earliest period for both terms. of Finance shall certify the amount allowed by law. Section 2. That the costs of the of the initial purchase, which pur- Passed December 15, 2003. contract or contracts shall be chase, together with all later pur- Effective December 22, 2003. charged against the proper appro- chases, shall be made on order of priation accounts and the Director the Commissioner of Purchases and of Finance shall certify the amount Supplies under a requisition against of the initial purchase, which pur- the contract or contracts certified by Ord. No. 2033-03. chase, together with all later pur- the Director of Finance. (RL 139912) By Council Member Westbrook. chases, shall be made on order of Section 3. That this ordinance is An emergency ordinance to vacate the Commissioner of Purchases and declared to be an emergency mea- a portion of Stanhope Court, N.W. Supplies under a requisition against sure and, provided it receives the Whereas, on the 12th day of May, the contract or contracts certified by affirmative vote of two-thirds of all 2003, the Council of the City of the Director of Finance. (RL 139913) the members elected to Council, it Cleveland adopted Resolution No. Section 3. That this ordinance is shall take effect and be in force 183-03 declaring its intention to declared to be an emergency mea- immediately upon its passage and vacate a portion of Stanhope Court sure and, provided it receives the approval by the Mayor; otherwise it N.W.; and affirmative vote of two-thirds of all shall take effect and be in force Whereas, notice of the adoption of the members elected to Council, it from and after the earliest period the above has been served upon the shall take effect and be in force allowed by law. abutting property owners affected immediately upon its passage and Passed December 15, 2003. by the resolution, notifying the prop- approval by the Mayor; otherwise it Effective December 22, 2003. erty owners of the time and place 2848 December 24, 2003 The City Record 19 at which objections can be heard a municipal department; now, there- the following described real proper- before the Board of Revision of fore ty: Assessments; and Be it ordained by the Council of Situated in the City of Cleveland, Whereas, on the 7th day of Octo- the City of Cleveland: County of Cuyahoga and State of ber, 2003, the Board of Revision of Section 1. That it hereby declares Ohio, and described as follows: Assessments approved the above its intention to vacate the following PENN COURT N.W. (16.00 feet vacation under the provisions of Sec- described real property: wide) extending Southeasterly from tion 176 of the Charter of the City Situated in the City of Cleveland, the Southeasterly line of Fulton of Cleveland; and County of Cuyahoga and State of Road N.W. (66.00 feet wide) to the Whereas, this Council is satisfied Ohio, and described as follows: Northwesterly prolongation of a line that there is good cause for vacat- BELVIDERE AVENUE: N.E. (20.00 parallel with and distant 25.00 feet ing portions of the above and that feet wide) from East 56th Place to Westerly by rectangular measure- it will not be detrimental to the gen- East 60th Street. AND ment with the Northeasterly line of eral interest and ought to be made; EAST 56TH PLACE (12.50 feet Sublot Number 310 in Barber and and wide) from Belvidere Avenue N.E. to Lord Subdivision as shown by the Whereas, this ordinance consti- Hough Avenue N.E., be and the recorded plat in Volume 11, Page 26 tutes an emergency measure provid- same is hereby vacated. of Cuyahoga County Records, be and ing for the usual daily operation of Section 2. That there is reserved the same is hereby vacated. a municipal department; now, there- to the City of Cleveland an ease- Section 2. That there is reserved fore ment of full width as above to the City of Cleveland an ease- Be it ordained by the Council of described for existing SBC equip- ment of full width as above the City of Cleveland: ment. described for existing Cleveland Section 1. That all that portion of That no structures shall be erect- Public Power and Dominion East the following described real proper- ed on the premises described in this Ohio equipment. ty: easement except those constructed That no structures shall be erect- Situated in the City of Cleveland, in accordance with the approval of, ed on the premises described in this County of Cuyahoga and State of and in compliance with, plans easement except those constructed Ohio, and described as being all that approved by SBC and the City of in accordance with the approval of, portion of: Cleveland. and in compliance with, plans Stanhope Court N.W., (12.00 feet Section 3. That the Clerk of Coun- approved by Dominion of East Ohio wide) extending Westerly from the cil is directed to notify the Auditor Gas and the City of Cleveland. Westerly line of West 91st Street, of Cuyahoga County of the vacation Section 3. That the Clerk of Coun- 125.00 feet be and the same is here- described in this ordinance by send- cil is directed to notify the Auditor by vacated. ing him a copy of this ordinance. of Cuyahoga County of the vacation Section 2. That the Clerk of Coun- Section 4. That this ordinance is described in this ordinance by send- cil is directed to notify the Auditor declared to be an emergency mea- ing him a copy of this ordinance. of Cuyahoga County of the vacation sure and provided it receives the Section 4. That this ordinance is described in this ordinance by send- affirmative vote of two-thirds of all declared to be an emergency mea- ing him a copy of this ordinance. the members elected to Council, it sure and provided it receives the Section 3. That this ordinance is shall take effect and be in force affirmative vote of two-thirds of all declared to be an emergency mea- immediately upon its passage and the members elected to Council, it sure and provided it receives the approval by the Mayor; otherwise, it shall take effect and be in force affirmative vote of two-thirds of all shall take effect and be in force immediately upon its passage and the members elected to Council, it from and after the earliest period approval by the Mayor; otherwise, it shall take effect and be in force allowed by law. shall take effect and be in force immediately upon its passage and Passed December 15, 2003. from and after the earliest period approval by the Mayor; otherwise, it Effective December 22, 2003. allowed by law. shall take effect and be in force Passed December 15, 2003. from and after the earliest period Effective December 22, 2003. allowed by law. Passed December 15, 2003. Ord. No. 2035-03. Effective December 22, 2003. By Council Member Cimperman (by request). Ord. No. 2041-03. An emergency ordinance to vacate By Council Members Reed and a portion of Penn Court, N.W. Jackson (by departmental request). Ord. No. 2034-03. Whereas, on the 2nd day of June, An emergency ordinance authoriz- By Council Member Lewis (by re- 2003, the Council of the City of ing the Director of Public Safety to quest). Cleveland adopted Resolution No. apply for and accept a grant from An emergency ordinance to vacate 995-03 declaring its intention to the Ohio Department of Public Safe- a portion of Belvidere Avenue and vacate a portion of Penn Court, ty, for the 2004 EMS Training Grant, East 56th Place N.W.; and and authorizing the Director of Pub- Whereas, on the 12th day of May, Whereas, notice of the adoption of lic Safety to enter into one or more 2003, the Council of the City of the above has been served on the requirement contracts for the pur- Cleveland adopted Resolution No. abutting property owners affected chase of equipment and training 565-03 declaring its intention to by the resolution, notifying the prop- necessary to implement the grant. vacate a portion of Belvidere Ave- erty owners of the time and place Whereas, this ordinance consti- nue and East 56th Place; and at which objections can be heard tutes an emergency measure provid- Whereas, notice of the adoption of before the Board of Revision of ing for the usual daily operation of the above has been served on the Assessments; and a municipal department; now, there- abutting property owners affected Whereas, on the 7th day of Octo- fore by the resolution, notifying the prop- ber, 2003, the Board of Revision of Be it ordained by the Council of erty owners of the time and place Assessments approved the above the City of Cleveland: at which objections can be heard vacation under the provisions of Sec- Section 1. That the Director of before the Board of Revision of tion 176 of the Charter of the City Public Safety is authorized to apply Assessments; and of Cleveland; and for and accept a grant in the Whereas, on the 7th day of Octo- Whereas, this Council is satisfied amount of $67,604, from the Ohio ber, 2003, the Board of Revision of that there is good cause for vacat- Department of Public Safety, to con- Assessments approved the above ing portions of the above and that duct the 2004 EMS Training Grant, vacation under the provisions of Sec- it will not be detrimental to the gen- for the purposes in the application tion 176 of the Charter of the City eral interest and ought to be made; and according thereto; that the of Cleveland; and and Director of Public Safety is autho- Whereas, this Council is satisfied Whereas, this ordinance consti- rized to file all papers and execute that there is good cause for vacat- tutes an emergency measure provid- all documents necessary to receive ing portions of the above and that ing for the usual daily operation of the funds under the grant; and that it will not be detrimental to the gen- a municipal department; now, there- the funds are appropriated for the eral interest and ought to be made; fore purposes set forth in the application and Be it ordained by the Council of for the grant. Whereas, this ordinance consti- the City of Cleveland: Section 2. That the application for tutes an emergency measure provid- Section 1. That it hereby declares the grant, File No. 2041-03-A, made a ing for the usual daily operation of its intention to vacate a portion of part as if fully rewritten herein, 2849 20 The City Record December 24, 2003 including the obligation of the City Whereas, the City of Cleveland cies and officials, to make improve- of Cleveland to provide cash match- owns certain property located in ments to the leased premises; to ing funds in the sum of $22,802, from Wade Park, which is suitable for place construction trailers and con- Fund No. 01-600401-639905, is ap- lease and operation by another struction materials on the leased proved in all respects. party for a public use, that contains premises, and to screen and secure Section 3. That the Director of a maintenance facility; and the leased premises, during its ren- Public Safety shall have the author- Whereas, the Cleveland Museum ovations; and to demolish the main- ity to extend the term of the grant of Art has proposed to lease the tenance facility. if said extension does not involve an property, which would include the Section 5. That the Director of increase in the dollar amount of the use of the maintenance facility, Parks, Recreation and Properties grant specified above. from the City of Cleveland; and shall have authority, with the ap- Section 4. That the Director of Whereas, the Cleveland Museum proval of Council, to enter into a Finance is authorized to make one of Art will use the property for con- limited release and conveyance of or more written requirement con- struction-related activities until its certain restrictive covenants on real tracts under the Charter and the renovations are complete; and property located within the Wade Codified Ordinances of Cleveland, Whereas, after its renovations are park area relating to building set Ohio, 1976, for the requirements for complete, the Cleveland Museum of back and height restrictions that the period of the grant term for the Art will demolish the maintenance are more restrictive than the current necessary items of equipment and facility, and maintain the entire zoning code. training necessary to implement the property for park purposes; and Section 6. That the lease shall be grant, to be purchased by the Com- Whereas, this ordinance consti- prepared by the Director of Law and missioner of Purchases and Supplies tutes an emergency measure provid- shall contain terms and conditions on a unit basis for the Department ing for the usual daily operation of that the director deems necessary to of Finance. Bids shall be taken in a a municipal department; now, there- protect and benefit the public inter- manner that permits an award to be fore, est. made for all items as a single con- Be it ordained by the Council of Section 7. That the Director of tract, or by separate contract for the City of Cleveland: Parks, Recreation and Properties each or any combination of the Section 1. That notwithstanding and the Director of Law, and other items as the Board of Control deter- and as an exception to the provi- appropriate City officials, are autho- mines. Alternate bids for a period sions of Chapters 181 and 183 of the rized to execute such other docu- less than the grant term may be Codified Ordinances of Cleveland, ments and certificates, and take taken if deemed desirable by the Ohio, 1976, the Director of Parks, such other actions as may be nec- Commissioner of Purchases and Sup- Recreation and Properties is autho- essary or appropriate to effect the plies until provision is made for the rized to lease to the Cleveland Muse- lease and the limited release and requirements for the entire grant um of Art (“Lessee”), certain City- conveyance of restrictive covenants term. owned property located in Wade authorized by this ordinance. That the cost of the contract or Park, to use the land and mainte- Section 8. That the Director of contracts shall be charged against nance facility for construction-relat- Public Service is authorized to ed activities during its renovations the fund or funds which are credit- employ by contract or contracts one and to maintain the property for ed the grant proceeds accepted or more consultants or one or more park purposes after its renovations under this ordinance, from the cash firms of consultants for the purpose are complete. The property to be match, and from proper appropria- of supplementing the regularly leased is described as follows: tion account and the Director of employed staff of the several depart- Finance shall certify the amount of ments of the City of Cleveland in Legal Description of Property the initial purchase, which pur- order to provide professional ser- to Be Leased to the chase, together with all later pur- vices necessary to design a new chases, shall be made on order of maintenance facility located in Situated in the City of Cleveland, the Commissioner of Purchases and (the “Improve- County of Cuyahoga and State of Supplies under a requisition against Ohio and known as being Part of ment”). the contract or contracts certified by Original 100 Acre Lots Number 394 The selection of the consultants the Director of Finance. and 402 and further described as fol- for the services shall be made by Section 5. That this ordinance is lows: the Board of Control on the nomi- declared to be an emergency mea- Beginning at the intersection of nation of the Director of Public Ser- sure and, provided it receives the the Southerly Line of Jeptha Drive vice from a list of qualified consul- affirmative vote of two-thirds of all and the Westerly line of property tants available for employment as the members elected to Council, it belonging to the Cleveland Museum may be determined after a full and shall take effect and be in force of Art as shown on a survey by Hof- complete canvass by the Director of immediately upon its passage and mann-Metzker, Inc. dated Revised Public Service for the purpose of approval by the Mayor; otherwise it August, 2002 under the direction of compiling a list. The compensation shall take effect and be in force George A. Hofmann, P.S. 6752; to be paid for the services shall be from and after the earliest period Thence Southerly, Easterly and fixed by the Board of Control. The allowed by law. Southerly along said Westerly prop- contract or contracts authorized Passed December 15, 2003. erty line to its intersection with the shall be prepared by the Director of Effective December 22, 2003. proposed Southerly line of property Law, approved by the Director of to be leased to the Cleveland Muse- Public Service, and certified by the um of Art as shown on said survey; Director of Finance. Thence Westerly along said pro- Section 9. That, under Section 167 Ord. No. 2042-03. posed Southerly line to its intersec- of the Charter of the City of Cleve- By Council Members Zone, John- tion with the Easterly line of Mar- land, it is determined to make the son, Sweeney, Cimperman and Jack- tin Luther King Jr. Drive; public improvement above by one or son (by departmental request). Thence Northerly along said East- more contracts duly let to the low- An emergency ordinance authoriz- erly line to its intersection with the est responsible bidder or bidders ing the Director of Parks, Recre- Southerly line of Jeptha Drive afore- after competitive bidding for a gross ation and Properties to lease City- said; price for the Improvement. owned property located in Wade Thence Easterly along said Section 10. That the Director of Park, which includes a maintenance Southerly line to the Place of Public Service is authorized to enter facility, to the Cleveland Museum of Beginning. into one or more contracts for the Art, for a term not to exceed nine- Section 2. That the term of the making of the public improvement ty-nine years, authorizing the Direc- lease authorized above shall not with the lowest responsible bidder tor of Public Service to employ one exceed ninety-nine years. after competitive bidding for a gross or more professional consultants to Section 3. That the property price for the Improvement, provided, design a new maintenance facility described above shall be leased for however, that each separate trade to be located in Rockefeller Park; a one-time lump sum payment of and each distinct component part of determining the method of making One Million Dollars ($1,000,000.00) the Improvement may be treated as the public improvement of con- due to the City of Cleveland within a separate Improvement, and each, structing the new facility; and one hundred and eighty (180) days or any combination, of the trades or authorizing the director to enter after the lease is executed. components may be the subject of a into one or more public improvement Section 4. That the lease may separate contract for a gross price. contracts for the making of the authorize the Lessee, subject to the On request of the director the con- improvement. approval of appropriate City agen- tractor shall furnish a correct sched- 2850 December 24, 2003 The City Record 21 ule of unit prices, including profit into agreements necessary to com- claims for which it is legally liable and overhead, for all items consti- plete the planning and construction arising from or growing out of the tuting units of the improvement. of the Improvement, which agree- certification or obligations made or Section 11. That the cost of the ments shall contain terms and con- agreed to in this section. contract or contracts authorized by ditions that the Director of Law (g) That stop signs affecting the this ordinance shall be paid from determines shall best protect the movement of traffic on any street Fund Nos. 20 SF 191, 20 SF 300, 20 public interest. within the limits of the Improve- SF 310, 20 SF 320, 20 SF 331, 20 SF Section 4. That on completion of ment shall be removed and no stop 340, 20 SF 183, 20 SF 351, 20 SF 362, the Improvement, the City will: signs will be erected except at inter- 20 SF 371, 20 SF 381, 20 SF 391, 11 (a) Keep the affected highway sections with another through high- SF 006, 01-400100-693000, and from open to traffic at all times; way where traffic does not warrant the fund or funds which are cred- (b) Maintain the Improvement the installation of a traffic control ited the lease proceeds received according to the provisions of the signal but where the warrants for a under this ordinance, Request No. statutes relating thereto and make “Four-Way Stop” as provided in the 115296. ample financial and other provisions aforesaid Manual are met. Section 12. That this ordinance is for the maintenance; (h) That no rule or regulation declared to be an emergency mea- (c) Maintain the right-of-way and may be enacted restricting the use sure and, provided it receives the keep it free of obstruction in a man- of the Improvement by any class of affirmative vote of two-thirds of all ner satisfactory to the Director of vehicle or vehicle load permitted by the members elected to Council, it Transportation and hold the right-of- the Ohio Revised Code to use a pub- shall take effect and be in force way inviolate for public highway lic highway. Any existing rule or immediately upon its passage and purposes and permit no signs, regulation so restricting road usage approval by the Mayor; otherwise it posters, billboards, roadside stands is rescinded. shall take effect and be in force or other private installations within Section 6. That the Council of the from and after the earliest period the limits of the right-of-way; City requests the State to proceed allowed by law. (d) Place and maintain all traffic with the Improvement. Passed December 15, 2003. control devices according to the Section 7. That, under Section 167 Effective December 22, 2003. Ohio Manual of Uniform Devices of the Charter of the City of Cleve- under the provisions of Section land, it is determined to make the 4511.11 and related sections of the public improvement of making the Ohio Revised Code; and Improvement, for the Department of Ord. No. 2090-03. (e) Regulate parking by main- Public Service, by one or more con- By Council Members Cimperman, taining existing parking restrictions tracts duly let to the lowest respon- Cintron, Zone, Sweeney and Jackson within the limits of the Improve- sible bidder or bidders after com- (by departmental request). ment. petitive bidding on a unit basis for An emergency ordinance giving Section 5. (a) That all existing the improvement. consent of the City of Cleveland for streets and public rights-of-way Section 8. That the Director of the rehabilitation of Lorain Avenue within the City which are necessary Public Service is authorized to between West 41st Street and West for the Improvement shall be made enter into one or more contracts for 65th Street; authorizing the Director available therefor. the making of the public improve- of Public Service to enter into any (b) That in the event any addi- ment with the lowest responsible agreements relative thereto; deter- tional right-of-way is required for bidder after competitive bidding on mining the method of making the the Improvement the Director of a unit basis for the improvement, public improvement; authorizing the Public Service will arrange for the provided, however, that each sepa- Director of Public Service to enter acquisition thereof. rate trade and each distinct com- into one or more contracts for the (c) That arrangements have been ponent part of the improvement making of the improvement; and or will be made with and agree- may be treated as a separate authorizing the Director to enter ments obtained from all public util- improvement, and each, or any com- into a Local Project Administration ity companies whose lines or struc- bination, of the trades or compo- agreement with the Ohio Depart- tures will be affected by the Im- nents may be the subject of a sep- ment of Transportation regarding provement, that the companies have arate contract on a unit basis. the public improvement. agreed to make any and all neces- Section 9. That the Director of Whereas, this ordinance consti- sary rearrangements in a manner as Public Service is authorized to enter tutes an emergency measure provid- to be clear of any construction into a Local Project Administration ing for the usual daily operation of called for by the plans for the Agreement with the Director of a municipal department; now, there- Improvement and that the compa- Transportation necessary to effect fore, nies have agreed to make necessary the Improvement and to partially Be it ordained by the Council of rearrangements immediately after finance the improvement described the City of Cleveland: notification by the City or the State in Section 1 of this ordinance. Section 1. That it is declared to be of Ohio. Section 10. That the cost of the in the public interest that the con- (d) That the City, at its own Improvement shall be paid from sent of the City of Cleveland is expense, shall make all rearrange- Fund Nos. 20 SF 334, 20 SF 342, 20 given to the Director of Trans- ments of water mains, service lines, SF 353, 20 SF 364, 20 SF 373, 20 SF portation of the State of Ohio (the fire hydrants, valve boxes, sanitary 380, 20 SF 383, and 20 SF 394, and “Director of Transportation”) to sewers or other City-owned utilities from the fund or funds which are make the following improvements and appurtenances which do not credited the funds received by the under the plans, specifications and comply with the provisions of Ohio Department of Transportation estimates approved by the Director ODOT Directive No. 38-A, whether which are appropriated for this pur- of Transportation: The rehabilita- inside or outside the corporate lim- pose. (RL 138337) tion of Lorain Avenue between West its of the City, as may be necessary Section 11. That the Clerk of Coun- 41st Street and West 65th Street, to conform to the Improvement, and cil is authorized to transmit to the including resurfacing and necessary that the rearrangements shall be Director of Transportation three cer- base repairs, replacement of curbs, done at such time as requested by tified copies of this ordinance imme- curb ramps, sidewalk, driveway the State. diately on the taking effect of this aprons, and appurtenances, as (e) That the construction, recon- ordinance, and it shall become the deemed necessary by the Director of struction and rearrangement of all basis for proceeding with the Public Service (the “Improvement”). utilities shall be done in a manner Improvement. Section 2. That the City proposes as not to interfere unduly with the Section 12. That this ordinance is to cooperate with the Director of operations of the contractor or con- declared to be an emergency mea- Transportation in the cost of the tractors constructing the Improve- sure and, provided it receives the Improvement by assuming and con- ment, and all backfilling of trench- affirmative vote of two-thirds of all tributing the entire cost and ex- es made necessary by utility re- the members elected to Council, it pense of the Improvement less the arrangement shall be performed shall take effect and be in force amount of funds set aside by the under the provisions of the ODOT immediately upon its passage and Director of Transportation for the Construction and Material Specifica- approval by the Mayor; otherwise it financing of the Improvement. The tions and shall be subject to shall take effect and be in force entire cost of engineering shall be approval by the State. from and after the earliest period borne by the City of Cleveland. (f) That the City agrees that the allowed by law. Section 3. That the Director of State of Ohio shall be saved harm- Passed December 15, 2003. Public Service is authorized to enter less from any and all damages or Effective December 22, 2003. 2851 22 The City Record December 24, 2003

Ord. No. 2138-03. other documents and certificates, Ord. No. 2140-03. By Council Member Cimperman. and take such other action as may By Council Members Westbrook An emergency ordinance authoriz- be necessary or appropriate to effect and Jackson (by departmental re- ing the Director of Public Utilities the lease authorized by this ordi- quest). to lease City-owned property to nance. An emergency ordinance authoriz- Harp Restaurant, for a term of fifty Section 7. That this ordinance is ing the Director of Port Control to (50) years with one option to renew hereby declared to be an emergency enter into a Lease By Way of Con- for an additional fifty (50) year measure and, provided it receives cession with Checkpoint Mailers term. the affirmative vote of two-thirds of Incorporated for operation of Whereas, the City of Cleveland all the members elected to Council, secured drop boxes at each of the owns certain real property which is it shall take effect and be in force three passenger security check- not needed for public use for the immediately upon its passage and points in the terminal building at next fifty years; and approval by the Mayor; otherwise it Cleveland Hopkins International Whereas, Harp Restaurant has shall take effect and be in force Airport, for a period of three years, proposed to lease said property from from and after the earliest period with two one-year options to renew. the City; and allowed by law. Whereas, this ordinance consti- Whereas, this ordinance consti- Passed December 15, 2003. tutes an emergency measure provid- tutes an emergency measure provid- Effective December 22, 2003. ing for the usual daily operation of ing for the usual daily operation of a municipal department; now, there- a municipal department; now, there- fore fore Be it ordained by the Council of Ord. No. 2139-03. Be it ordained by the Council of the City of Cleveland: By Council Members Coats and the City of Cleveland: Section 1. That notwithstanding Jackson (by departmental request). Section 1. That notwithstanding and as an exception to the provi- An emergency ordinance authoriz- any provision of the Codified Ordi- sions of Chapters 181 and 183 of the ing the purchase by one or more nances of Cleveland, Ohio, 1976, to Codified Ordinances of Cleveland, requirement contracts of labor and the contrary, the Director of Port Ohio, 1976, the Director of Public materials necessary to repair and Control is authorized to enter into a Utilities is authorized to lease to maintain pump stations, for the Lease By Way of Concession Harp Restaurant, certain property Division of Water Pollution Control, (“Lease”) with Checkpoint Mailers which is determined, to be not need- Department of Public Utilities. Incorporated for the placement of ed for public use for the term of the Whereas, this ordinance consti- self-service, metal secured, blast lease and which is described as fol- tutes an emergency measure provid- resistant, drop boxes at Cleveland lows: ing for the usual daily operation of Hopkins International Airport. The a municipal department; now, there- Lease shall be for the use and occu- Leased Premises to Harp Restaurant fore pancy of three separate areas, each Be it ordained by the Council of approximately three feet by three Situated in the City of Cleveland, the City of Cleveland: feet, for a total approximate square County of Cuyahoga and State of Section 1. That the Director of footage of twenty-seven (27) square Ohio, and known as being part of Public Utilities is authorized to feet. Each of the three areas shall Original Brooklyn Township Lot No. make one or more written require- be located adjacent to each of the 51 and bounded and described as fol- ment contracts under the Charter three passenger security check- lows: and the Codified Ordinances of points at the Airport. Beginning on the Westerly line of Cleveland, Ohio, 1976, for the Section 2. That the term of the West 44th Street (38 feet wide) now requirements for the period of one Lease shall be for three years, vacated at its intersection with the year of the necessary items of labor commencing on the effective date center line of an unnamed alley (10 and materials necessary to repair of the Lease, with two options, feet wide) also vacated by Ordi- and maintain pump stations, in the nance No. 751-98, passed by the approximate amount as purchased exercisable by the Director of Port Council of the City of Cleveland, during the preceding term, to be Control, to extend the term of the August 19, 1998; thence Northerly purchased by the Commissioner of Lease for an additional one year. along said Westerly line about 16 Purchases and Supplies on a unit The Lease shall be cancelable on feet to a point; thence Westerly and basis for the Division of Water Pol- thirty-days written notice by the parallel with the center line of said lution Control, Department of Public Director. unnamed alley about 73 feet to a Utilities. Bids shall be taken in a Section 3. That Checkpoint Mail- point; thence Southerly at right manner that permits an award to be ers Incorporated shall pay the City angles to the last described line made for all items as a single con- during each year of the Lease term, about 16 feet to the center line of tract, or by separate contract for ten percent (10%) of annual gross said unnamed alley; thence Easter- each or any combination of the revenues. ly along the center line of said alley items as the Board of Control deter- Section 4. That the Lease autho- to the place of beginning. mines. Alternate bids for a period rized shall be prepared by the Direc- The above is a portion of the less than the specified term may be tor of Law and shall contain addi- unnamed 10' alley and Permanent taken if desired by the Commis- tional terms and conditions as the Parcel No. 003-12-003. sioner of Purchases and Supplies Director deems necessary to protect Section 2. That the term of the until provision is made for the and benefit the public interest. lease authorized by this ordinance requirements for the entire term. Section 5. That this ordinance is shall be for a term of fifty (50) Section 2. That the costs of the declared to be an emergency mea- years, with one option exercisable contract or contracts shall be sure and, provided it receives the by the Director of Public Utilities, charged against the proper appro- affirmative vote of two-thirds of all to renew for an additional fifty (50) priation accounts and the Director the members elected to Council, it year term and cancelable upon thir- of Finance shall certify the amount shall take effect and be in force ty days written notice by the Direc- of the initial purchase, which pur- immediately upon its passage and tor of Public Utilities. chase, together with all later pur- approval by the Mayor; otherwise it Section 3. That the property chases, shall be made on order of shall take effect and be in force described in this ordinance shall be the Commissioner of Purchases and from and after the earliest period leased at a rental of $600.00 per Supplies under a requisition against allowed by law. year. the contract or contracts certified by Passed December 15, 2003. Section 4. That the lease may the Director of Finance. (RL 137352) authorize the lessee to make Section 3. That this ordinance is Effective December 22, 2003. improvements to the leased premis- declared to be an emergency mea- es subject to the approval of appro- sure and, provided it receives the priate City agencies and officials. affirmative vote of two-thirds of all Section 5. That the lease shall be the members elected to Council, it Ord. No. 2141-03. prepared by the Director of Law and shall take effect and be in force By Council Members Westbrook shall contain such authorized terms immediately upon its passage and and Jackson (by departmental re- and conditions as required to protect approval by the Mayor; otherwise it quest). the interests of the City. shall take effect and be in force An emergency ordinance authoriz- Section 6. That the Director of from and after the earliest period ing the purchase by one or more Public Utilities and the Director of allowed by law. requirement contracts of air filters, Law, and other appropriate City offi- Passed December 15, 2003. for the various divisions of the cials, are authorized to execute such Effective December 22, 2003. Department of Port Control. 2852 December 24, 2003 The City Record 23

Whereas, this ordinance consti- rized to file all papers and execute and Properties is authorized to enter tutes an emergency measure provid- all documents necessary to receive into one or more contracts for the ing for the usual daily operation of the funds under the grant; and that making of the public improvement a municipal department; now, there- the funds are appropriated for the with the lowest responsible bidder fore purposes set forth in the grant pro- after competitive bidding for a gross Be it ordained by the Council of posal for the grant contained in the price for the improvement, provided, the City of Cleveland: file described below. however, that each separate trade Section 1. That the Director of Section 2. That the grant propos- and each distinct component part of Port Control is authorized to make al for the grant, File No. 2150-03-A, the improvement may be treated as one or more written requirement made a part of this ordinance as if a separate improvement, and each, contracts under the Charter and the fully rewritten, including the oblig- or any combination, of the trades or Codified Ordinances of Cleveland, ation of the City of Cleveland to components may be the subject of a Ohio, 1976, for the requirements for provide a cash match in the sum of separate contract for a gross price. the term of one year or two years $333,331, payable from Fund Nos. 10 On request of the director the con- for the necessary items of air fil- SF 025 and 10 SF 027, is approved tractor shall furnish a correct sched- ters in the approximate amount as in all respects. ule of unit prices, including profit purchased during the preceding Section 3. That the Director of and overhead, for all items consti- term, purchased by the Commis- Public Safety shall have the author- tuting units of the improvement. sioner of Purchases and Supplies on ity to extend the term of the grant Section 3. That under Section 167 a unit basis for the various divi- if the extension does not involve an of the Charter of the City of Cleve- sions of the Department of Port increase in the dollar amount of the land, it is determined to make the Control. Bids shall be taken in a grant specified above. public improvement of constructing, manner that permits an award to be Section 4. That this ordinance is rehabilitating, renovating, replacing or otherwise improving City-owned made for all items as a single con- declared to be an emergency mea- parks and playgrounds, including tract, or by separate contract for sure and, provided it receives the all site improvements and appurte- each or any combination of the affirmative vote of two-thirds of all nances necessary and incidental, for items as the Board of Control deter- the members elected to Council, it the Division of Research, Planning shall take effect and be in force mines. Alternate bids for a period and Development, Department of less than the specified term may be immediately upon its passage and Parks, Recreation and Properties, taken if desired by the Commis- approval by the Mayor; otherwise it by one or more contracts duly let to sioner of Purchases and Supplies shall take effect and be in force the lowest responsible bidder or bid- until provision is made for the from and after the earliest period ders after competitive bidding on a requirements for the entire term. allowed by law. unit basis for the improvement. The Director of Port Control is Passed December 15, 2003. Section 4. That, provided the City authorized to enter into one or more Effective December 22, 2003. of Cleveland sells the general oblig- contracts with a term of two years ation bonds authorized by Ordinance instead of one year when there is No. 1205-03, passed August 13, 2003, a financial advantage to the City. the Director of Parks, Recreation For purposes of this ordinance, a Ord. No. 2151-03. and Properties is authorized to enter financial advantage shall be deter- By Council Members Johnson, into one or more contracts for the mined by the Director of Port Con- Cimperman and Jackson (by depart- making of the public improvement trol by comparing the bids received mental request). with the lowest responsible bidder for both terms. An emergency ordinance determin- after competitive bidding on a unit Section 2. That the costs of the ing the method of making the pub- basis for the improvement, provided, contract or contracts shall be lic improvement of constructing, however, that each separate trade charged against the proper appro- rehabilitating, renovating, replacing and each distinct component part of priation accounts and the Director or otherwise improving City-owned the improvement may be treated as of Finance shall certify the amount parks and recreation facilities, in- a separate improvement, and each, of the initial purchase, which pur- cluding site improvements and ap- or any combination, of the trades or chase, together with all later pur- purtenances; authorizing the Director components may be the subject of a chases, shall be made on order of of Parks, Recreation and Properties separate contract on a unit basis. the Commissioner of Purchases and to enter into one or more contracts Section 5. That, provided the City Supplies under a requisition for the making of the improvements; of Cleveland sells the general oblig- against the contract or contracts to employ one or more architectural, ation bonds authorized by Ordinance certified by the Director of landscape architectural or engineer- No. 1205-03, passed August 13, 2003, Finance. (RL 139915) ing firms and other consultants nec- the Director of Parks, Recreation Section 3. That this ordinance is essary to provide professional ser- and Properties is authorized to declared to be an emergency mea- vices relating to the improvement; make one or more written contracts sure and, provided it receives the and authorizing the Director to enter under the Charter and the Codified affirmative vote of two-thirds of all into one or more contracts for the Ordinances of Cleveland, Ohio, 1976, the members elected to Council, it making of the improvement to parks for each or all of the items com- shall take effect and be in force and to proceed with the improvement prising the necessary supplies and immediately upon its passage and to recreation facilities not otherwise materials for the improvement, approval by the Mayor; otherwise it improved by the direct employment including the rental of necessary shall take effect and be in force of the necessary labor, for the Divi- equipment to be purchased by the from and after the earliest period sions of Recreation and Research, Commissioner of Purchases and Sup- Planning and Development, Depart- allowed by law. plies on a unit basis for the Divi- ment of Parks, Recreation and Prop- Passed December 15, 2003. sion of Research, Planning and erties. Effective December 22, 2003. Development, Department of Parks, Whereas, this ordinance consti- Recreation and Properties. tutes an emergency measure provid- Section 6. That, provided the City ing for the usual daily operation of of Cleveland sells the general oblig- a municipal department; now, there- ation bonds authorized by Ordinance Ord. No. 2150-03. fore No. 1205-03, passed August 13, 2003, By Council Members Reed and Be it ordained by the Council of the Director of Parks, Recreation Jackson (by departmental request). the City of Cleveland: and Properties is authorized to An emergency ordinance authoriz- Section 1. That under Section 167 of employ by contract one or more ing the Director of Public Safety to the Charter of the City of Cleveland, architects, landscape architects and apply for and accept a grant from it is determined to make the public engineers, or one or more firms of the U.S. Department of Justice for improvement of constructing, reha- architects, landscape architects and the COPS Homeland Security Over- bilitating, renovating, replacing or engineers, necessary to implement time Program. otherwise improving City-owned the public improvements authorized Whereas, this ordinance consti- recreation facilities, including all site in this ordinance. The selection of tutes an emergency measure provid- improvements and appurtenances the consultants for the services shall ing for the usual daily operation of necessary and incidental, for the be made by the Board of Control on a municipal department; now, there- Division of Recreation, Department the nomination of the Director of fore of Parks, Recreation and Properties, Parks, Recreation and Properties Be it ordained by the Council of by one or more contracts duly let to from a list of qualified consultants the City of Cleveland: the lowest responsible bidder or bid- available for the employment as may Section 1. That the Director of ders after competitive bidding for a be determined after a full and com- Public Safety is authorized to apply gross price for the improvement. plete canvass by the Director of for and accept a grant in the Section 2. That, provided the City Parks, Recreation and Properties for amount of $1,000,000 from the U.S. of Cleveland sells the general oblig- the purpose of compiling the list. Department of Justice to conduct ation bonds authorized by Ordinance The compensation to be paid for the COPS Homeland Security Overtime No. 1205-03, passed August 13, 2003, services shall be fixed by the Board Program; that the Director is autho- the Director of Parks, Recreation of Control. The contract or contracts 2853 24 The City Record December 24, 2003 authorized shall be prepared by the the mouth of the , within the prescribed time, notwith- Director of Law, approved by the and the potential to create a con- standing and as an exception to the Director of Parks, Recreation and tinuous public promenade along the provisions of Chapters 181 and 183 of Properties and certified by the Direc- river’s edge extending to the Ohio the Codified Ordinances of Cleveland, tor of Finance. Canal Corridor to the mouth of the Ohio, 1976, the Director is authorized Section 7. That, provided the City Cuyahoga River; and to lease from the Ohio Department of of Cleveland sells the general obliga- Whereas, the Director of Parks, Natural Resources the underlying tion bonds authorized by Ordinance Recreation and Properties would like land on which the Station is located, No. 1205-03, passed August 13, 2003, to accept these structures on behalf known as Permanent Parcel No. 003- under Section 167 of the Charter of of the City of Cleveland, for the pub- 05-019, the term of which shall not the City of Cleveland, it is determined lic purposes stated above, but would exceed fifty years with a renewable to make the public improvement of first like to exercise due diligence fifty year term (“Lease”). constructing, rehabilitating, renovat- regarding the structures; and Section 7. That, if the option ing, replacing or otherwise improving Whereas, this ordinance constitutes described in Section 1 is exercised City-owned recreation facilities, an emergency measure providing for within the prescribed time, the rent parks, and playgrounds, including all the usual daily operation of a munic- for the Lease shall be determined by site improvements and appurtenances ipal department; now, therefore the Ohio Department of Natural necessary and incidental, which are Be it ordained by the Council of Resources based on the Ohio Coastal not covered by the contract or con- the City of Cleveland: Management Program Coastal Guid- tracts authorized by Sections 2 and 4 Section 1. That the Director of ance Fee Structure. of this ordinance by the direct Parks, Recreation and Properties Section 8. That, if the option employment of the necessary labor, (“Director”) and Jacobs Investments, described in Section 1 is exercised and the purchase or rental of the nec- Inc. (“Jacobs”) for and on behalf of within the prescribed time, the essary supplies and materials for the River’s End Marina Development, Lease shall be prepared by the making of the improvement, which Inc. (“River’s End”) is authorized to Director of Law and shall contain supplies and materials are not cov- enter into an Option Agreement additional terms and conditions nec- ered by the contract or contacts regarding the conveyance of the essary to protect the public interest. authorized by Section 5 of this ordi- Cleveland Harbor Coast Guard Sta- Section 9. That, if the option nance, with a separate accounting as tion, which includes an 21,700 square described in Section 1 is exercised to each improvement made. foot two-story lighthouse building of within the prescribed time, the Direc- Section 8. That when funds allocat- concrete construction, an 8,000 square tor and the Director of Law, and ed for council members for determi- foot boathouse with three bays and other appropriate City officials, are nation of projects are used, the costs launchways, an 1,000 square foot authorized to execute any documents for the services of the Division of garage and certain attached docks and certificates, and take other Research, Planning and Development and piers (“Station”) to the City of actions necessary or appropriate to of the Department of Parks, Recre- Cleveland (“Option Agreement”). effect the Option Agreement and the ation and Properties shall not be This Option Agreement would, Lease authorized by this ordinance. deducted from the council member’s among other things, give the Direc- Section 10. That this ordinance is allocation, unless the council member tor until December 15, 2003 to exer- declared to be an emergency mea- agrees to that deduction in writing. cise due diligence in determining sure and, provided it receives the Section 9. That the cost of the whether or not to accept the Station affirmative vote of two-thirds of all improvement, professional services, on behalf of the City. The Option the members elected to Council, it and purchases shall be paid from Agreement shall be prepared by the shall take effect and be in force Fund Nos. 20 SF 354, 20 SF 361, 20 Director of Law and shall contain immediately upon its passage and SF 370, 20 SF 377, 20 SF 382, and 20 additional terms and conditions nec- approval by the Mayor; otherwise it SF 392, Request No. 107987. essary to protect the public interest. shall take effect and be in force Section 10. That this ordinance is Section 2. That if the option from and after the earliest period declared to be an emergency mea- described in Section 1 is exercised allowed by law. sure and, provided it receives the within the prescribed time, the Passed December 15, 2003. affirmative vote of two-thirds of all Director is authorized to consent to Effective December 15, 2003. the members elected to Council, it the assignment of those contracts shall take effect and be in force that affect the Station and are iden- immediately upon its passage and tified in the Option Agreement. The approval by the Mayor; otherwise it Director is authorized to execute all Ord. No. 2161-03. shall take effect and be in force documents and do all things neces- By Council Members Gordon and from and after the earliest period sary and appropriate to effect con- Jackson (by departmental request). allowed by law. sents to those identified assign- An emergency ordinance authoriz- Passed December 15, 2003. ments. A copy of the assignments ing the Director of Economic Devel- Effective December 22, 2003. shall be filed in the office of the opment to lease property at 1468 East Commissioner of Accounts. The 55th Street from the assignments shall be prepared and Neighborhood Health Services, or approved by the Director of Law their designees, for a term of seven- Ord. No. 2153-03. and shall contain additional terms teen months, for the public purpose By Council Member Zone (by de- and conditions necessary to protect of operating the East Side office of partmental request). the public interest. the Cleveland One-Stop Career Center An emergency ordinance authoriz- Section 3. That, if the option located at 1468 East 55th Street. ing the Director of Parks, Recre- described in Section 1 is exercised Whereas, the City of Cleveland ation and Properties to enter into an within the prescribed time, notwith- requires certain property located at Option Agreement with Jacobs In- standing and as an exception to the 1468 East 55th Street for the public vestments, Inc. for and on behalf of provisions of Chapters 181 and 183 purpose of operating the East Side River’s End Marina Development, of the Codified Ordinances of Cleve- office of the Cleveland One-Stop Inc. regarding the conveyance of the land, Ohio, 1976, the Commissioner Career Center; and Cleveland Harbor Coast Guard Sta- of Purchases and Supplies and the Whereas, the Northeast Ohio Neigh- tion buildings, docks and piers; Director are authorized to accept the borhood Health Services, or their authorizing the Commissioner of Station from Jacobs, valued at $1 designees, has proposed to lease the Purchases and Supplies to acquire million dollars, for the above stated property to the City of Cleveland; and the buildings, docks and piers; and public purposes. Whereas, this ordinance constitutes authorizing the Director to lease Section 4. That, if the option an emergency measure providing for from the Ohio Department of Natur- described in Section 1 is exercised the usual daily operation of a munic- al Resources the underlying land on within the prescribed time, the Direc- ipal department; now, therefore which the buildings are situated. tor is authorized to execute on behalf Be it ordained by the Council of Whereas, Jacobs Investments, Inc. of the City all necessary documents the City of Cleveland: for and on behalf of River’s End to acquire and to convey the proper- Section 1. That notwithstanding Marina Development, Inc. currently ty, as approved by the Director of and as an exception to the provi- owns the Cleveland Harbor Coast Law, and to employ and pay all fees sions of Chapters 181 and 183 of the Guard Station buildings, which for title companies, surveys, escrows, Codified Ordinances of Cleveland, includes certain attached docks and appraisers, environmental auditors, Ohio, 1976, the Director of Econom- piers located on Permanent Parcel and all other costs necessary for the ic Development is authorized to No. 003-05-019; and acquisition of the property. lease from the Northeast Ohio Neigh- Whereas, Jacobs Investments, Inc. Section 5. That, if the option borhood Health Services, or their would like to offer these structures described in Section 1 is exercised designees, certain property located to the City of Cleveland in order for within the prescribed time, the con- at 1468 East 55th Street. the City to take ownership of a sideration to be paid for this prop- Section 2. That the term of the National Register and Cleveland erty shall be one dollar, payable lease shall be for a period of sev- Landmark structure, to have the from the appropriate fund. enteen months. opportunity to establish a coastal Section 6. That, if the option Section 3. That the rent for the interpretive center for the public at described in Section 1 is exercised lease shall be $10,285 per month. 2854 December 24, 2003 The City Record 25

Section 4. That the lease may Section 7. That the lease shall be Section 9. That this ordinance is authorize the City to make improve- prepared by the Director of Law and declared to be an emergency mea- ments to the leased Premises under shall contain additional terms and sure and, provided it receives the terms determined by the parties con- conditions that he determines nec- affirmative vote of two-thirds of all sistent with the public purpose of essary to protect and benefit the the members elected to Council, it operating the East Side office of the interests of the City. shall take effect and be in force Cleveland One-Stop Career Center. Section 8. That the Director of immediately upon its passage and Section 5. That the lease may pro- Economic Development, the Director vide for the City’s payment of appro- of Law, and other appropriate City approval by the Mayor; otherwise it priate utility and other operating officials are authorized to execute shall take effect and be in force costs of the leased premises. other documents and certificates from and after the earliest period Section 6. That the costs of the and take other actions necessary or allowed by law. lease shall be paid from Fund No. appropriate to effect the lease Passed December 15, 2003. 16 SF 904, Request No. 126036. authorized by this ordinance. Effective December 22, 2003.

Ord. No. 2166-03. By Council Member Gordon. An ordinance to change the zoning of properties located on the Northeast corner of Pearl Road and Henninger Road from a Semi Industry Use District to a Local Retail Use District (Map Change No. 2095, Sheet No. 2). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands described as follows: Beginning on the Centerline of Pearl Road (100 feet wide) at its Intersection with the Northwesterly prolon- gation of a parcel of land conveyed to Patrick Realty Corporation, by Instrument dated July 7, 1988, and also known as being P.P.N. 009-11-001; Thence Southeasterly along said Northwesterly prolongation and Northeasterly property line of said P.P.N. 009- 11-001 to the Northeast corner therein; Thence Southwesterly along the Southeasterly property line of said parcel to the Southeast corner therein; Thence Southeasterly to the Northeasterly prolongation of the Southeasterly property line of a parcel of land conveyed to B & L Development, an Ohio Corporation, by Instrument Dated June 6, 1989, and recorded in A.F.N V89927380056 of Cuyahoga County Records, and also known as being P.P.N. 009-11-015; Thence Southwesterly along said Northeasterly prolongation and Southeasterly property line to the Southeast corner therein; Thence Northwesterly along the Southwesterly property line to its Intersection with the Southeast corner of a parcel of land conveyed to Thence Southwesterly along said P.P.N. to its Intersection with the Northerly property line of the J. Henninger’s Heirs’ Allotment, as shown by the recorded plat in Volume 15, Page 17 of Cuyahoga County Records; Thence Southeasterly along said Northerly property line to its Intersection with the Southeasterly property line of Sublot No. 6 of said Allotment; Thence Southwesterly along said Southeasterly property line, and along the Southwesterly prolongation of said Southeasterly property line to its Intersection with the Centerline of Henninger Road (50 feet wide); Thence Northwesterly along the Centerline of said Henninger Road to its Intersection with the Centerline of said Pearl Road; Thence Northeasterly along the Centerline of said Pearl Road to the place of beginning, and as outlined and shaded on the attached map is changed to a Local Retail Use District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2095, Sheet No. 2, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person des- ignated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change of zoning of properties located at the northeast corner of Pearl Road and Henninger Road from Semi-Industry to Local Retail (Map Change No. 2095, Sheet No. 2)

Passed December 15, 2003. Effective January 24, 2004. 2855 26 The City Record December 24, 2003

Ord. No. 2167-03. By Council Member Polensek. An ordinance to change the zoning of properties located west of Pearl Road, between Brookside Park Drive and Broadview Road from a General Retail Use District to a Local Retail Use District and from a “3” and a “1” Height District to a “2” Height District (Map Change No. 2096, Sheet No. 2). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Height Districts of lands described as follows: Beginning on the Centerline of Pearl Road (100 feet wide) at its Intersection with the Southeasterly prolon- gation of the Northeasterly line of the Valley View Allotment, as shown by the recorded plat in Volume 19, Page 6 of Cuyahoga County Records; Thence Northwesterly along said Northwesterly prolongation and Northeasterly line of said Allotment to a point said point being about 119.72 feet from the Northwesterly line of Pearl Road as aforesaid; Thence Southwesterly to a point on the Northeasterly line of Henninger Road (50 feet wide), said point being about 122 feet from the Northwesterly line of Pearl Road as aforesaid; Thence Southwesterly to the Centerline of said Henninger Road; Thence Northwesterly along the Centerline of Henninger Road to its Intersection with the Northeasterly pro- longation of the Southeasterly line of Sublot No. 4 of the C.H. Miller Subdivision, as shown by the recorded plat in Volume 25, Page 15 of Cuyahoga County Records; Thence Southwesterly along said Southeasterly line to the Northeasterly line of an unnamed alley (14 feet wide), as shown by the recorded plat, the Henry Krather Allotment, in Volume 25, Page 17, of Cuyahoga County Records; Thence Southwesterly along the Centerline of said unnamed alley to the Centerline of Krather Road (40 feet wide); Thence Northwesterly along the Centerline of said Krather Road to its Intersection with the Northeasterly pro- longation of the Northwesterly line of a parcel of land conveyed to United States of America by Instrument dated October 5 1966, and recorded in Volume 11863, Page 435, of Cuyahoga County Records, and also known as being P.P.N. 014-12-047; Thence Southwesterly along said Northeasterly prolongation and Northwesterly line of P.P.N. 014-12-047 to the Southwesterly corner therein; Thence Southeasterly along the Southwesterly property line of said P.P.N. 014-12-047 to its Intersection with the Centerline of said Pearl Road; Thence Northeasterly along said Centerline of Pearl Road to the place of beginning and as outlined and shaded on the attached map is changed to a Local Retail Use District and a “2” Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2096, Sheet No. 2, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person des- ignated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change in zoning of properties located west of Pearl Road, between Brookside Park Drive and Broadview Road, from a General Retail Use District to a Local Retail Use District and from a “3” and a “1” Height District to a “2” Height District (Map Change No. 2096, Sheet No. 2)

Passed December 15, 2003. Effective January 24, 2004. 2856 December 24, 2003 The City Record 27

Ord. No. 2168-03. By Council Member Polensek. An ordinance to change the zoning of the easternmost portion of Lake Shore Shopping Plaza, south of Lake Shore Boulevard from a General Retail Use District to a One-Family Residential Use District (Map Change No. 2090, Sheet No. 7). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands described as follows: Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Orig- inal Euclid Township Tract No.16. Also known as being all of P.P.N. 113-17-011 and Bounded and Described as follows: Beginning at a point in the Centerline of Lake Shore Boulevard (80 feet wide) at its Intersection with the Northwesterly Prolongation of the Southwesterly Property Line of Land Conveyed to David F. Bolger by Instru- ment dated May 24, 2002 and recorded in A.F.N. 200205241048 of Cuyahoga County Records; Thence Northeasterly along said Centerline of Lake Shore Boulevard to its Point of Intersection with the North- erly Prolongation of the Easterly Property Line of said land Conveyed to David F. Bolger; Thence Southerly along the Northerly Prolongation and Easterly Property Line of said land to the Southeast Corner therein; Thence Southwesterly along the Southerly Property Line of said land to the Southwest Corner therein; Thence Northwesterly along the Southwest Property Line of said land and its North-westerly Prolongation to its Point of Intersection with the Centerline of Lake Shore Boulevard and the Place of Beginning, be the same more or less, but subject to all legal highways, and as outlined and shaded on the attached map is changed to a One-Family Residential Use District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2090, Sheet No. 7, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person des- ignated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change of zoning of the eastern parcel of the Lake Shore Shopping Plaza, south of Lake Shore Boulevard from a General Retail Use District to a One-Family Residential Use District (Map Change No. 2090, Sheet No. 7)

Passed December 15, 2003. Effective January 24, 2004. 2857 28 The City Record December 24, 2003

Ord. No. 2169-03. By Council Member Polensek. An ordinance to change the zoning of properties at Margaret Spellacy Junior High School and Saranac Play- ground, south of Saranac Road and east of East 162nd Street from General and Semi-Industry Districts to a Two- Family District and to change the Height District from “3” to “1”. (Map Change No. 2086, Sheet No. 7). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Height Districts of lands described as follows: Beginning at the Intersection of the Centerline of Saranac Road N.E. (width varies) and the Centerline of East 162nd Street ( 50 feet wide ); Thence Northeasterly along said Centerline of Saranac Road N.E. to its Intersection with the Northwesterly Pro- longation of the West Property Line of P.P.N. 116-12-002, Conveyed to R & K Terminal Management, Inc. by Instru- ment Dated April 06,1992 and Recorded in Volume 92-2713, Page 9 of the Cuyahoga County Records; Thence Southeasterly along said West Property Line of P.P.N. 116-12-002 to its Intersection with the West Prop- erty Line of Parcels “A” & “B” as shown by the Lot Split and Consolidation Plat for Calabrese Cement Contrac- tors, Inc., Dated March 23, 1990 and Recorded in Volume 250, Page 16 of the Cuyahoga County Records; Thence Southerly along said West Property Line of Parcels “A” & “B” and the Southerly Prolongation of Par- cel “A” to its Intersection with the Centerline of Midland Avenue N.E. (50 feet wide); Thence Westerly along said Centerline of Midland Avenue N.E. to its Intersection with the Centerline East 162nd Street aforesaid; Thence Northerly along said Centerline of said East 162nd Street to its Intersection with the Centerline of Saranac Road N.E. aforesaid and the Place of Beginning, and as outlined and shaded on the attached map is changed to a Two-Family Residential District and a “1” Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2086, Sheet No. 7, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person des- ignated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change in zoning of properties at Margaret Spellacy Junior High School and Saranac Play- gound, south of Saranac Road and east of East 162nd Street from General and Semi-Industry Districts to a Two- Family District and to change the Height District from “3” and a “1” (Map Change No. 2086, Sheet No. 7).

Passed December 15, 2003. Effective January 24, 2004. 2858 December 24, 2003 The City Record 29

Ord. No. 2170-03. By Council Member Polensek. An ordinance to change the zoning of the Lake Shore Shopping Plaza, south of Lake Shore Boulevard between East 156th Street and East 161st Street from a General Retail Use District to a Shopping Center Use District (Map Change No. 2089, Sheet No. 7). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands described as follows: Beginning at the Intersection of the Centerline of East 156th Street (60 feet wide) and the Westerly prolon- gation of the most Northerly line of Eastwood Subdivision recorded in Volume 31, Page 27, of Cuyahoga County Records; Thence Northerly along said Centerline of East 156th Street to its Intersection with the Centerline of Lake Shore Boulevard (80 feet wide); Thence Northeasterly along said Centerline of Lake Shore Boulevard to its Intersection with the Northerly pro- longation of the Easterly line of land conveyed to Euclid Beach Plaza Association by Instrument recorded in Vol- ume 88-0877, Page 67, of Cuyahoga County Records and also known as being permanent parcel number 113-17-002; Thence Southeasterly along the Easterly line of said parcel of land to the Southeast corner therein; Thence Southwesterly along the Southerly line of said parcel to the Southwest corner therein; Thence Southerly along the Easterly line of a parcel of land conveyed to Montlack Management, recorded in Volume 86-7446, Page 37, of Cuyahoga County Records, to the Southeast corner therein, and also know as being permanent parcel number 113-13-029; Thence Westerly along the most Northerly line of said Eastwood Subdivision and its Westerly prolongation to the Centerline of East 156th Street aforesaid and the place of beginning, and as outlined and shaded on the attached map is changed to a Shopping Center Use District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2089, Sheet No. 7, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person des- ignated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change of zoning of the Lake Shore Shopping Plaza, south of Lake Shore Boulevard between East 156th Street and East 161st Street from a General Retail Use District to a Shopping Center Use District (Map Chage No. 2089, Sheet No. 7)

Passed December 15, 2003. Effective January 24, 2004. 2859 30 The City Record December 24, 2003

Ord. No. 2171-03. By Council Member Polensek. An ordinance to change the zoning of properties at the Northwest corner of Damon Avenue and East 156th Street from a General Retail Use District to a Two-Family Use District; from a “C” Area District to a “B” Area District; and from a “2” Height District to a “1” Height District (Map Change No. 2094, Sheet No. 7). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area, and Height Districts of lands described as follows: Beginning at the Intersection of the Centerline of East 156th Street (60 feet wide) and the Westerly prolonga- tion of the most Northerly line of Eastwood Subdivision recorded in Volume 31, Page 27, of Cuyahoga County Records; Thence Easterly along said Northerly line to Northeasterly corner of Sublot. No. 1 of said Eastwood Subdivision; Thence Southerly along the Easterly line of Sublot Nos. 1, 2, 3, and 4 and the Southerly prolongation of said Easterly line of Sublot No. 4 of said Eastwood Subdivision to its Intersection with the Centerline of Damon Avenue (45’ wide); Thence Westerly along the Centerline of Damon Avenue to its Intersection with the Centerline of East 156th Street aforesaid; Thence Northerly along said Centerline of East 156th Street to the place of beginning, and as outlined and shaded on the attached map is changed to a Two-Family Use District, a “B” Area District, and a “1” Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2094, Sheet No. 7, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change in the zoning of properties at the northeast corner of Damon Avenue and East 156th Street from a General Retail Use District to a Two-Family Use District; from a “C” Area District to a “B” Area District; and from a “1” Height District (Map Change No. 2094, Page No. 7)

Passed December 15, 2003. Effective January 24, 2004. 2860 December 24, 2003 The City Record 31

Ord. No. 2172-03. By Council Member Polensek. An ordinance to change the zoning of properties south of Saranac Road, between East 154th Place and East 156th Street from a General Retail Use District to a Local Retail Use District (Map Change No. 2091, Sheet No. 7). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands described as follows: Beginning on the Centerline of Saranac Road (60’ wide) at its Intersection with the Centerline of East 154th Place (14’ wide); Thence Northeasterly along the Centerline of Saranac Road to its intersection with the Centerline of East 156th Street (50’ wide); Thence Southerly along the Centerline of East 156th Street to its Intersection with the Easterly prolongation of the Southerly property line of Sublot No. 38 of the W.G. Rose Subdivision, as shown by the recorded plat in Volume 8, page 1 of the Cuyahoga County records; Thence Westerly along said Easterly prolongation, Southerly property line and Westerly prolongation of said Sublot No. 38 to its Intersection with the Centerline of East 156th Place (14’ wide); Thence Southerly along said Centerline of East 156th Place to its Intersection with the Easterly prolongation of the Southerly property line of Sublot No. 37 of said W.G. Rose Subdivision; Thence Westerly along the Easterly prolongation, Southerly property line and Westerly prolongation of said Sublot No. 37 to its Intersection with the Centerline of East 155th Street (50’ wide); Thence Southerly along said Centerline of East 155th Street to its Intersection with the Easterly prolongation of the Southerly property line of Sublot No. 14 of said W.G. Rose Subdivision; Thence Westerly along the Easterly prolongation, Southerly property line and Westerly prolongation of said Sublot No. 14 to its Intersection with the Centerline of East 154th Place; Thence Northerly along said Centerline of East 154th Place to place of beginning, and as outlined and shaded on the attached map is changed to a Local Retail Use District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2091, Sheet No. 7, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person des- ignated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change of the zoning of properties south of Saranac Road, between East 154th Place and East 156th Street from a General Retail Use District to a Local Retail Use District (Map Change No. 2091, Sheet No. 7)

Passed December 15, 2003. Effective January 24, 2004. 2861 32 The City Record December 24, 2003

Ord. No. 2173-03. By Council Member Reed. An ordinance to expand the Mt. Pleasant Business Revitalization District. (Map Change No. 2088, Sheet No. 10) Be it ordained by the Council of the City of Cleveland: Section 1. That the Mt. Pleasant Business Revitalization District, as established by Ordinance No. 1983-99, is hereby expanded to include the areas shown on the map in File No. 2173-03-A. Section 2. That said changed designation of lands described in Section 1 shall be identified as Map Change No. 2088, Sheet No. 10, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate per- son designated for such purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed December 15, 2003. Effective January 24, 2004.

2862 December 24, 2003 The City Record 33

Ord. No. 2175-03. Section 1. That the actions autho- (e) The members of all boards or By Council Member Jackson (by rized and directed in this ordinance commissions appointed by the Mayor departmental request). by this Council and the Clerk of and of advisory boards appointed by An emergency ordinance desig- Council are taken under the require- the director of a department. nating the Chief Technology Office ments of Section 200 of the Charter (f) The secretary to the mayor of the City of Cleveland to serve in of the City of Cleveland, and in and one secretary for each director her official capacity as a Class C accordance with legal opinion con- of a department. Director on the OneCleveland Board tained in File No. 2186-03-A. (g) Eight (8) executive assistants of Directors; and authorizing the Section 2. That this Council autho- to the Mayor, provided, however, City of Cleveland to participate in rizes and directs the submission to that there shall be no restrictions as OneCleveland as a charter member. the electors of the City of Cleveland to their duties or assignments. Whereas, OneCleveland is a non- at a special election to be held at (h) Students enrolled in a recog- profit organization composed of non- the usual places of voting of the nized college or university in a profit institutions and government City of Cleveland on Tuesday, course of training in preparation for entities who share a common vision March 2, 2004, of a proposal to an administrative or professional and commitment to create the amend the Charter of the City of career in the public service and nation’s first integrated metropoli- Cleveland by amending existing Sec- employed upon the recommendation tan network infrastructure and tech- tions 116 and 126 to read as follows: of the official in charge of person- nology services; and nel administration as student aides Whereas, this Council wishes to §116 Police Force; Control by for training purposes without limi- authorize the Chief Technology Offi- Chief tation as to assignment or duties. cer of the City to serve as a Class The Police Force shall consist of (i) School crossing guards. C Director on the OneCleveland a Chief, three Deputy Chiefs of (j) Members of the auxiliary Board of Directors to represent the Police, eleven Commanders of police force. interests of the City of Cleveland; Police, and such other officers, 2. The classified service shall com- and patrolmen and employees as may be prise all positions not specifically Whereas, this ordinance consti- provided by ordinance or resolution included by this charter in the tutes an emergency measure provid- of the Council. The Mayor may unclassified service. There shall be ing for the immediate preservation appoint a fourth Deputy Chief of in the classified service three class- of the public peace, property, health Police for homeland security and a es to be known as the competitive or safety in that the immediate twelfth Commander of Police for class, the noncompetitive class and effectiveness of this ordinance will community policing. In case of riot the ordinary unskilled labor class. enable the City of Cleveland to par- or like emergency the Mayor may (a) The competitive class shall ticipate in OneCleveland as soon as appoint additional patrolmen and include all positions and employ- possible, with activities leading to officers for temporary service who ment for which it is practicable to fulfillment of OneCleveland goals, need not be in the classified ser- determine the merit and fitness of and to accelerate the realization of vice. The Chief of Police, the applicants by competitive tests. the benefits expected to be derived Deputy Chiefs of Police, and the (b) The noncompetitive class by the City and its residents from Commanders of Police shall be shall include all positions requiring the City’s participation; now, there- appointed by the Mayor from the peculiar and exceptional qualifica- fore, division of police or they may be tions of a scientific, managerial, pro- Be it ordained by the Council of persons appointed from outside the fessional or educational character, division who shall have had train- as may be determined by the Com- the City of Cleveland: ing and experience in law enforce- mission, the fitness of applicants for Section 1. That this Council ment and they shall serve at the which may be determined by non- declares that the City wishes to par- pleasure of the Mayor; provided, competitive tests. ticipate in OneCleveland. however, that the Mayor shall (c) The ordinary unskilled labor Section 2. That this Council autho- appoint to the positions of Deputy class shall include all ordinary rizes the Chief Technology Office of Chief of Police and Commander of unskilled labor positions for which the City of Cleveland to serve as a Police from among persons recom- it is impractical to give competitive Class C Director on the OneCleve- mended by the Chief of Police with tests. Such positions shall be filled land Board of Directors, in her offi- the concurrence of the executive from unskilled labor eligible lists cial capacity, and instructs her to head of the police force if such established and maintained by the represent the City and the City’s executive head be other than the Commission. The Commission shall interests while serving on the Mayor. The Council may, by ordi- register applicants for positions in Board. nance, direct the Mayor to make the labor class either continuously Section 3. That this ordinance is appointments of minorities to the or at such times as there are vacan- declared to be an emergency mea- positions of Deputy Chief of Police cies to be filled, provided, however, sure and, provided it receives the and Commander of Police. Upon the that no registration may be accept- affirmative vote of two-thirds of all termination of their service as ed until public notice of the inten- the members elected to Council, it Chief of Police, Deputy Chief of tion to so accept registrations shall shall take effect and be in force Police, or Commander of Police be made by the Commission. Priori- immediately upon its passage and they shall, if appointed from the ty of such registration shall deter- approval by the Mayor; otherwise it division of police, revert to the civil mine an applicant’s place on the eli- shall take effect and be in force service status held by them at the gible list, provided the applicant from and after the earliest period time of their appointment, in so far meets required standards as to age, allowed by law. as it is competent for this charter citizenship, physical fitness and res- Passed December 15, 2003. so to provide. The Chief of Police idence as established by the Com- Effective December 22, 2003. shall have exclusive control of the mission. Eligibility to be called for stationing and transfer of patrol- examination following registration men and other officers and employ- shall expire one year following the ees constituting the Police Force, date of registration. Ord. No. 2186-03. under such rules and regulations as The Civil Service Commission By Council Members Reed, White may be established by the Mayor or shall be the sole authority under the and Jackson (by departmental re- by the director of the department to Charter to determine the grade and quest). whom the Chief of Police may be classification of positions as to An emergency ordinance authoriz- immediately responsible. duties and responsibilities in all ing and directing the submission to branches of the classified service. the electors of the City of Cleveland §126 Division into Classified and Section 3. That the foregoing pro- of a proposal to amend Sections 116 Unclassified Service posed amendments to the Charter, and 126 of the Charter of the City The civil service of the City is on receiving at least a majority of of Cleveland, relating to the police hereby divided into the unclassified the votes cast at the March 2, 2004, force, control by Chief, and division and classified service. special election, shall become effec- into classified and unclassified ser- 1. The unclassified service shall tive immediately on its adoption. vice. include: Section 4. That the Clerk of Coun- Whereas, this ordinance consti- (a) All officers elected by the peo- cil is authorized and directed tutes an emergency measure provid- ple. promptly to forward a certified copy ing for the usual daily operation of (b) All directors of departments. of this ordinance to the Board of a municipal department; now, there- (c) The Clerk of Council. Elections of Cuyahoga County. fore (d) The Chief of Police, four Section 5. That the Board of Elec- Be it ordained by the Council of Deputy Chiefs of Police, and twelve tions of Cuyahoga County shall the City of Cleveland: Commanders of Police. cause an appropriate notice to be 2863 34 The City Record December 24, 2003 given of the election to be held on Ord. No. 2223-03. the Division of Information Tech- March 2, 2004, on the amendments to By Council Member Jackson (by nology and Services, Department the Charter of this City and other- departmental request). of Finance, for a period of one wise to provide for the election in An emergency ordinance authoriz- year, with two options to renew for the manner provided by the general ing the Director of Finance to enter additional one-year consecutive laws of the State of Ohio. into one or more contracts without terms. Section 6. That the Clerk of Coun- competitive bidding with SBC Glob- Section 1. That the Director of cil is authorized and directed to al Services, Inc. for maintenance on Finance is authorized to make one cause the full text of the proposed E911 positron equipment, for the or more written requirement con- amendments to the Charter to be Division of Information Technology tracts under the Charter and the published once a week for two con- and Services, Department of Codified Ordinances of Cleveland, secutive weeks in a newspaper pub- Finance, for a period of one year Ohio, 1976, for the requirements for lished in the City of Cleveland, with with two options to renew for addi- the period of one year, with two (2) the first publication to be made at tional one-year terms. options exercisable by the Director least fifteen days prior to the spe- Whereas, this ordinance consti- of Finance, to renew for additional cial election to be held on March 2, tutes an emergency measure provid- one-year consecutive terms, and can- 2004, as provided in Article XVIII, ing for the usual daily operation of celable on thirty days’ written Section 9 of the Constitution of the a municipal department; now, there- notice by the Director, of the neces- State of Ohio, Section 731.211 of the fore sary items of City-wide paging and Revised Code, and Section 200 of the Be it ordained by the Council of wireless service and paging and Charter of the City of Cleveland. the City of Cleveland: wireless equipment, in the approxi- Section 7. That the ballot submit- Section 1. That this Council has mate amount as purchased during ting the question of the adoption of determined that the within com- the preceding term, to be purchased the proposal shall read as follows: modities are non-competitive and by the Commissioner of Purchases cannot be secured from any source and Supplies on a unit basis for the PROPOSED CHARTER AMENDMENT other than SBC Global Services, Inc. Division of Information Technology CITY OF CLEVELAND Therefore the Director of Finance is and Services, Department of Finance. A majority affirmative vote is nec- authorized to make one or more Bids shall be taken in a manner essary for passage. written contracts with SBC Global that permits an award to be made Shall Sections 116 and 126 be Services, Inc on the basis of its pro- for all items as a single contract, or amended to authorize the Mayor to posal dated October 3, 2003, for a by separate contract for each or any appoint one Deputy Chief of Police period of one year, with two (2) combination of the items as the for homeland security purposes for options exercisable by the Director Board of Control determines. Alter- a total of four Deputy Chiefs of of Finance, to renew for additional nate bids for a period less than the Police and to change the number of one-year consecutive terms, for specified term may be taken if Commanders of Police included in maintenance on E911 positron equip- desired by the Commissioner of Pur- the unclassified service in Charter ment, to be purchased by the Com- chases and Supplies until provision Section 126 to twelve? missioner of Purchases and Sup- is made for the requirements for the Section 8. That, for the reasons plies, for the Division of Informa- entire term. The Director of Finance stated in the preamble which is tion Technology and Services, is authorized to exercise the options made a part hereof, this ordinance Department of Finance. to renew if there is a financial shall take effect and be in force Section 2. That the cost of the con- advantage to the City. immediately on its passage by the tract or contracts authorized shall Section 2. That the costs of the affirmative vote of two-thirds of all be paid from Fund No. 70 SF 101, contract or contracts shall be the members elected to Council. Request No. 146203. charged against the proper appro- Passed December 15, 2003. Section 3. That this ordinance is priation accounts and the Director Effective December 15, 2003. declared to be an emergency mea- of Finance shall certify the amount sure and, provided it receives the of the initial purchase, which pur- affirmative vote of two-thirds of all chase, together with all later pur- the members elected to Council, it chases, shall be made on order of Ord. No. 2222-03. shall take effect and be in force By Council Member Jackson (by the Commissioner of Purchases and immediately upon its passage and departmental request). Supplies under a requisition against An emergency ordinance authoriz- approval by the Mayor; otherwise it the contract or contracts certified by ing the Director of Finance to enter shall take effect and be in force the Director of Finance. (RL 146202) into one or more contracts with from and after the earliest period Section 2. That the title and Sec- Betty Montgomery, Auditor of State allowed by law. tions 1 and 2 of Ordinance No. 1714- to conduct a financial audit for 2003, Passed December 15, 2003. 02, passed September 16, 2002, are for the Department of Finance. Effective December 22, 2003. repealed. Whereas, this ordinance consti- Section 3. That Ordinance No. 1714- tutes an emergency measure provid- 02, passed September 16, 2002, is sup- ing for the usual daily operation of plemented by adding new Section 3 a municipal department; now, there- Ord. No. 2224-03. to read as follows: fore By Council Member Jackson (by Section 3. That under Section Be it ordained by the Council of departmental request). 108(b) of the Charter, the purchases the City of Cleveland: An emergency ordinance to amend authorized by this ordinance may be Section 1. That the Director of the title and Sections 1 and 2 of made through cooperative agree- Finance is authorized to enter into Ordinance No. 1714-02, passed Sep- ments using state procedures. The contract with Betty Montgomery tember 16, 2002; to supplement the Director of Finance may sign all Ohio State Auditor for an indepen- ordinance by adding new Section 3; documents with the State of Ohio or dent audit of City of Cleveland and to renumber existing Section 3 any of its political subdivisions that financial records for the period from to new Section 4, relating to City- are necessary to make the purchas- January 1, 2003 through December wide paging and wireless service es, and may enter into one or more 31, 2003, in an approximate sum of contracts, for the Division of Infor- contracts with the vendors selected $410,000, for the Department of mation Technology and Services, through that cooperative process. Finance. The contract shall be paid Department of Finance. Section 4. That existing Section 3 from funds appropriated for this Whereas, this ordinance consti- of Ordinance No. 1714-02, passed Sep- purpose in budget year 2004, Re- tutes an emergency measure provid- tember 16, 2002 is renumbered to quest No. 137906. ing for the usual daily operation of new “Section 4.” Section 2. That this ordinance is a municipal department; now, there- Section 5. That this ordinance is declared to be an emergency mea- fore declared to be an emergency mea- sure and, provided it receives the Be it ordained by the Council of sure and, provided it receives the affirmative vote of two-thirds of all the City of Cleveland: affirmative vote of two-thirds of all the members elected to Council, it Section 1. That the title and Sec- the members elected to Council, it shall take effect and be in force tions 1 and 2 of Ordinance No. 1714- shall take effect and be in force immediately upon its passage and 02, passed September 16, 2002, are immediately upon its passage and approval by the Mayor; otherwise it amended to read as follows: approval by the Mayor; otherwise it shall take effect and be in force An emergency ordinance autho- shall take effect and be in force from and after the earliest period rizing the purchase by one or more from and after the earliest period allowed by law. requirement contracts of City-wide allowed by law. Passed December 15, 2003. paging and wireless service and Passed December 15, 2003. Effective December 22, 2003. paging and wireless equipment, for Effective December 22, 2003. 2864 December 24, 2003 The City Record 35

Ord. No. 2225-03. Whereas, this ordinance consti- sage of this ordinance regarding By Council Members Coats and tutes an emergency measure provid- implementation of the grant pro- Jackson (by departmental request). ing for the usual daily operation of gram. An emergency ordinance authoriz- a municipal department; now, there- Section 6. That the costs of the ing the purchase by one or more fore contract or contracts authorized by requirement contracts of labor and Be it ordained by the Council of this ordinance shall be charged materials necessary to install or the City of Cleveland: against the fund or funds which are repair underground miscellaneous Section 1. That the Director of credited the grant proceeds accept- duct line, street lighting bases, and Public Safety is authorized to apply ed under this ordinance and shall be pull boxes, for the Division of Cleve- for and accept a grant in the charged against the proper appro- land Public Power, Department of amount of $105,000, from the Cuya- priation accounts and the Director Public Utilities. hoga County Board of Health to con- of Finance shall certify the amount Whereas, this ordinance consti- duct the Regional Metropolitan Med- of the initial purchase, which pur- tutes an emergency measure provid- ical Response Program; that the chase, together with all later pur- ing for the usual daily operation of Director is authorized to file all chases, shall be made on order of a municipal department; now, there- papers and execute all documents the Commissioner of Purchases and fore necessary to receive the funds under Supplies under a requisition against Be it ordained by the Council of the grant; and that the funds are the contract or contracts certified by the City of Cleveland: appropriated for the purposes set the Director. Section 1. That the Director of forth in the draft agreement for the Section 7. That the Director of Public Utilities is authorized to grant contained in the file described Public Safety shall have the author- make one or more written require- below. ity to extend the term of the grant ment contracts under the Charter Section 2. That the draft agree- if the extension does not involve an and the Codified Ordinances of ment for the grant, File No. 2228-03- increase in the dollar amount of the Cleveland, Ohio, 1976, for the re- A, made a part of this ordinance as grant specified above. quirements for the period of one if fully rewritten, is approved in all Section 8. That this ordinance is year of the necessary items of labor respects. declared to be an emergency mea- and materials necessary to install or Section 3. That the Director of sure and, provided it receives the repair underground miscellaneous Public Safety is authorized to make affirmative vote of two-thirds of all duct line, streetlighting bases, and one or more written requirement the members elected to Council, it pull boxes, in the approximate contracts under the Charter and the shall take effect and be in force amount as purchased during the pre- Codified Ordinances of Cleveland, immediately upon its passage and ceding term, to be purchased by the Ohio, 1976, for the requirements for approval by the Mayor; otherwise it Commissioner of Purchases and Sup- the necessary items of equipment shall take effect and be in force plies on a unit basis for the Divi- and supplies needed to implement from and after the earliest period sion of Cleveland Public Power, the program. Bids shall be taken in allowed by law. Department of Public Utilities. Bids a manner that permits an award to Passed December 15, 2003. shall be taken in a manner that per- be made for all items as a single Effective December 22, 2003. mits an award to be made for all contract, or by separate contract for items as a single contract, or by sep- each or any combination of the arate contract for each or any com- items as the Board of Control shall Ord. No. 2229-03. bination of the items as the Board determine. Alternate bids for a peri- By Council Members Reed and of Control determines. Alternate od less than the grant term may be Jackson (by departmental request). bids for a period less than the spec- taken if desired by the Commis- An emergency ordinance authoriz- ified term may be taken if desired sioner of Purchases and Supplies ing the Director of Public Safety to by the Commissioner of Purchases until provision is made for the apply for and accept a grant from and Supplies until provision is made requirements for the entire term. the U.S. Department of Health and for the requirements for the entire That under Section 108(b) of the Human Services for the Metropolitan term. Charter, the purchases authorized Medical Response System; and to Section 2. That the costs of the by this ordinance may be made enter into one ore more contracts contract or contracts shall be through cooperative agreements necessary to implement the pro- charged against the proper appro- using state procedures. The Director gram. priation accounts and the Director of Public Safety may sign all docu- Whereas, this ordinance consti- of Finance shall certify the amount ments with the State of Ohio or any tutes an emergency measure provid- of the initial purchase, which pur- of its political subdivisions that are ing for the usual daily operation of chase, together with all later pur- necessary to make the purchases, a municipal department; now, there- chases, shall be made on order of and may enter into one or more con- fore the Commissioner of Purchases and tracts with the vendors selected Be it ordained by the Council of Supplies under a requisition through that cooperative process. the City of Cleveland: against the contract or contracts Section 4. That the Director of Section 1. That the Director of certified by the Director of Public Safety is authorized to Public Safety is authorized to apply Finance. (RL 131236) employ by contract or contracts one for and accept a grant in the Section 3. That this ordinance is or more consultants or one or more amount of $280,000, from the U.S. declared to be an emergency mea- firms of consultants for the purpose Department of Health and Human sure and, provided it receives the of supplementing the regularly Services for the Metropolitan Med- affirmative vote of two-thirds of all employed staff of the several ical Response System; that the the members elected to Council, it departments of the City of Cleveland Director is authorized to file all shall take effect and be in force in order to provide professional ser- papers and execute all documents immediately upon its passage and vices necessary to implement the necessary to receive the funds under approval by the Mayor; otherwise it program. the grant; and that the funds are shall take effect and be in force The selection of the consultants appropriated for the purposes set from and after the earliest period for the services shall be made by forth in the draft agreement for the allowed by law. the Board of Control on the nomi- grant contained in the file described Passed December 15, 2003. nation of the Director of Public below. Effective December 22, 2003. Safety from a list of qualified con- Section 2. That the draft agree- sultants available for employment ment for the grant, File No. 2229-03- as may be determined after a full A, made a part of this ordinance as and complete canvass by the Direc- if fully rewritten, is approved in all Ord. No. 2228-03. tor of Public Safety for the purpose respects. By Council Members Reed and of compiling a list. The compensa- Section 3. That the Director of Jackson (by departmental request). tion to be paid for the services shall Public Safety is authorized to make An emergency ordinance authoriz- be fixed by the Board of Control. one or more written requirement ing the Director of Public Safety to The contract or contracts authorized contracts under the Charter and the apply for and accept a grant from shall be prepared by the Director of Codified Ordinances of Cleveland, the Cuyahoga County Board of Law, approved by the Director of Ohio, 1976, for the requirements for Health for the Regional Metropoli- Public Safety, and certified by the the necessary items of equipment tan Medical Response Program; and Director of Finance. and supplies needed to implement to enter into one or more contracts Section 5. That the Director of the program. Bids shall be taken in necessary to implement the pro- Public Safety shall report to the a manner that permits an award to gram. Council six months after the pas- be made for all items as a single 2865 36 The City Record December 24, 2003 contract, or by separate contract for Ord. No. 2231-03. the period of one year of the neces- each or any combination of the By Council Members Reed and sary items of various medical sup- items as the Board of Control shall Jackson (by departmental request). plies and equipment, in the approx- determine. Alternate bids for a peri- An emergency ordinance authoriz- imate amount as purchased during od less than the grant term may be ing the purchase by one or more the preceding term, to be purchased taken if desired by the Commis- requirement contracts of prisoner by the Commissioner of Purchases sioner of Purchases and Supplies meals, for the Division of Police, and Supplies on a unit basis for the until provision is made for the Department of Public Safety. Division of Emergency Medical Ser- requirements for the entire term. Whereas, this ordinance consti- vice, Department of Public Safety. That under Section 108(b) of the tutes an emergency measure provid- Bids shall be taken in a manner Charter, the purchases authorized ing for the usual daily operation of that permits an award to be made by this ordinance may be made a municipal department; now, there- for all items as a single contract, or through cooperative agreements fore by separate contract for each or any using state procedures. The Director Be it ordained by the Council of combination of the items as the of Public Safety may sign all docu- the City of Cleveland: Board of Control determines. Alter- ments with the State of Ohio or any Section 1. That the Director of nate bids for a period less than the of its political subdivisions that are Public Safety is authorized to make specified term may be taken if necessary to make the purchases, one or more written requirement desired by the Commissioner of Pur- and may enter into one or more con- contracts under the Charter and the chases and Supplies until provision tracts with the vendors selected Codified Ordinances of Cleveland, is made for the requirements for the through that cooperative process. Ohio, 1976, for the requirements for entire term. Section 4. That the Director of the period of one year of the neces- Section 2. That the costs of the Public Safety is authorized to sary items of prisoner meals, in the contract or contracts shall be employ by contract or contracts one approximate amount as purchased charged against the proper appro- or more consultants or one or more during the preceding term, to be priation accounts and the Director firms of consultants for the purpose purchased by the Commissioner of of Finance shall certify the amount of supplementing the regularly Purchases and Supplies on a unit of the initial purchase, which pur- employed staff of the several depart- basis for the Division of Police, chase, together with all later pur- ments of the City of Cleveland in Department of Public Safety. Bids chases, shall be made on order of shall be taken in a manner that per- the Commissioner of Purchases and order to provide professional ser- mits an award to be made for all Supplies under a requisition against vices necessary to implement the items as a single contract, or by sep- the contract or contracts certified by program. arate contract for each or any com- the Director of Finance. (RL 128928) The selection of the consultants bination of the items as the Board Section 3. That this ordinance is for the services shall be made by of Control determines. Alternate declared to be an emergency mea- the Board of Control on the nomi- bids for a period less than the spec- sure and, provided it receives the nation of the Director of Public ified term may be taken if desired affirmative vote of two-thirds of all Safety from a list of qualified con- by the Commissioner of Purchases the members elected to Council, it sultants available for employment and Supplies until provision is made shall take effect and be in force as may be determined after a full for the requirements for the entire immediately upon its passage and and complete canvass by the Direc- term. approval by the Mayor; otherwise it tor of Public Safety for the purpose Section 2. That the costs of the shall take effect and be in force of compiling a list. The compensa- contract or contracts shall be from and after the earliest period tion to be paid for the services shall charged against the proper appro- allowed by law. be fixed by the Board of Control. priation accounts and the Director Passed December 15, 2003. The contract or contracts authorized of Finance shall certify the amount Effective December 22, 2003. shall be prepared by the Director of of the initial purchase, which pur- Law, approved by the Director of chase, together with all later pur- Public Safety, and certified by the chases, shall be made on order of Director of Finance. the Commissioner of Purchases and Ord. No. 2233-03. Section 5. That the Director of Supplies under a requisition against By Council Members Johnson and Public Safety shall report to the the contract or contracts certified by Jackson (by departmental request). Council six months after the pas- the Director of Finance. (RL 132291) An emergency ordinance authoriz- sage of this ordinance regarding Section 3. That this ordinance is ing the Director of Parks, Recre- implementation of the grant pro- declared to be an emergency mea- ation and Properties to enter into a gram. sure and, provided it receives the Supplemental Indenture of Lease Section 6. That the costs of the affirmative vote of two-thirds of all Agreement with the Cleveland contract or contracts authorized by the members elected to Council, it Botanical Garden to allow them to this ordinance shall be charged shall take effect and be in force charge an admission fee and a park- against the fund or funds which are immediately upon its passage and ing fee. credited the grant proceeds accept- approval by the Mayor; otherwise it Whereas, on September 15, 1882, ed under this ordinance and shall be shall take effect and be in force Jeptha H. Wade conveyed to the charged against the proper ap- from and after the earliest period City Wade Park to be used for no propriation accounts and the Direc- allowed by law. other purpose than a public park tor of Finance shall certify the Passed December 15, 2003. and that if used for other purposes, amount of the initial purchase, Effective December 22, 2003. the property reverts to the grantor which purchase, together with all or his heirs; and later purchases, shall be made on Whereas, on December 9, 1964, the order of the Commissioner of Pur- City of Cleveland (“City”) and The Ord. No. 2232-03. Cleveland Botanical Garden (for- chases and Supplies under a requi- By Council Members Reed and merly know as The Garden Center sition against the contract or con- Jackson (by departmental request). of ) (“Garden”) tracts certified by the Director. An emergency ordinance authoriz- entered into an Indenture of Lease Section 7. That the Director of ing the purchase by one or more Agreement (“Lease”) where the City Public Safety shall have the author- requirement contracts of various leased to the Garden a designated ity to extend the term of the grant medical supplies and equipment, for portion of Wade Park (“Leased if the extension does not involve an the Division of Emergency Medical Premises”) for the purpose of increase in the dollar amount of the Service, Department of Public Safe- enabling the Garden to erect and grant specified above. ty. maintain on the Leased Premises Section 8. That this ordinance is Whereas, this ordinance consti- buildings and other facilities and declared to be an emergency mea- tutes an emergency measure provid- improvements related to the Gar- sure and, provided it receives the ing for the usual daily operation of den’s purpose as a botanical garden; affirmative vote of two-thirds of all a municipal department; now, there- and the members elected to Council, it fore Whereas, the Garden desires to shall take effect and be in force Be it ordained by the Council of obtain funds for the construction, immediately upon its passage and the City of Cleveland: operation and maintenance of cer- approval by the Mayor; otherwise it Section 1. That the Director of tain improvements by charging shall take effect and be in force Public Safety is authorized to make admission and parking fees to the from and after the earliest period one or more written requirement general public; and allowed by law. contracts under the Charter and the Whereas, the Garden has obtained Passed December 15, 2003. Codified Ordinances of Cleveland, approval to charge fees from all the Effective December 22, 2003. Ohio, 1976, for the requirements for heirs of Jeptha H. Wade, Deceased, 2866 December 24, 2003 The City Record 37 through the execution of Deeds of Permanent Parcel Nos. 114-15-078 Ord. No. 2236-03. Limited Release of Certain Rever- and 114-15-079 By Council Members Gordon, Cim- sionary Rights; and Situated in the City of Cleveland, perman and Jackson (by depart- Whereas, this ordinance consti- County of Cuyahoga and State of mental request). tutes an emergency measure provid- Ohio, and known as being Sublots An emergency ordinance to appro- ing for the usual daily operation of Nos. Eight Hundred Ninety-Nine priate property for the public pur- a municipal department; now, there- (899) and Nine Hundred (900) in the pose of constructing a recreational fore Berwick Extension Subdivision of play field, located at 4103 Memphis Be it ordained by the Council of part of Original Euclid Township Avenue. the City of Cleveland: Lots Nos. 10 and 13, Tract 17, as Whereas, the Council of the City Section 1. That the Director of shown by recorded plat of said Sub- of Cleveland, by Resolution No. 1239- Parks, Recreation and Properties division in Volume 28 of Maps, Page 03, adopted August 13, 2003, declared has the authority to enter into a 14 of Cuyahoga County Records, said the necessity and intention of appro- Supplemental Indenture of Lease Sublots 899 and 900 together form a priating the fee simple property Agreement with the Garden to allow parcel of land having a frontage of interests described in this ordinance them to charge an admission fee for 50 feet on the Northerly side of for the public purpose of construct- entrance to the leased premises and Arrowhead Avenue, N.E., and extend- ing a recreational play field; and a parking fee for the use of the ing back between parallel lines 109 Whereas, notice of the adoption of underground parking garage. feet, as appears by said plat. this resolution has been served on Section 2. That the lease shall be Section 2. That the Director of the persons in possession or having prepared by the Director of Law and Community Development is autho- an interest in the property; and shall contain such authorized terms rized to execute on behalf of the Whereas, this ordinance consti- and conditions as are required to City of Cleveland all necessary doc- tutes an emergency measure provid- protect the interests of the City. uments to acquire and to convey the ing for the usual daily operation of Section 3. That the Director of property and to employ and pay all a municipal department; now, there- Parks, Recreation and Properties, fees for title companies, surveys, fore the Director of Law, and other escrows, appraisers, environmental Be it ordained by the Council of appropriate City officials, are autho- audits, and all other costs necessary the City of Cleveland: rized to execute other documents for the acquisition of the property. Section 1. That for the public pur- and certificates, and take other Section 3. That the consideration pose of constructing a recreational actions necessary or appropriate to to be paid for this property shall not play field, the following described effect the lease authorized by this exceed one dollar ($1.00). fee simple interests are appropriat- ordinance. Section 4. That all costs of acqui- ed: Section 4. That this ordinance is sition of land shall be paid from declared to be an emergency mea- Fund No. 14 SF 028. 4103 Memphis Avenue sure and, provided it receives the Section 5. That notwithstanding Permanent Parcel No. 014-13-014 affirmative vote of two-thirds of all and as an exception to the provi- Parcel No. 1 the members elected to Council, it sions of Title V of the Community Situated in the City of Cleveland, shall take effect and be in force Development Code in the Codified County of Cuyahoga and State of immediately upon its passage and Ordinances of Cleveland, Ohio, 1976, Ohio and known as being Sublots the Director of Community Develop- approval by the Mayor; otherwise it Number 203, 204, 205, 186, 187 and 188 ment may enter into and execute a shall take effect and be in force in The Brooklyn Realty Company’s project agreement for and on behalf from and after the earliest period Subdivision No. 2 of part of Original of the City of Cleveland with the allowed by law. Brooklyn Township Lot No. 58 as Redeveloper, for the acquisition, dis- Passed December 15, 2003. shown by the recorded plat of said position and private redevelopment Effective December 22, 2003. subdivision in Volume 40 of Maps, of the property described in this Page 11 of Cuyahoga County ordinance. Records. Said Sublots Numbers 203, Section 6. That this Council finds 204 and 205 together form a parcel that the conveyance to the Redevel- Ord. No. 2235-03. of land having a frontage of 120 feet oper constitutes a public use of the By Council Members Polensek, property for the purposes of rede- on the Southerly side of Memphis Gordon, Cimperman, and Jackson velopment. Avenue, S.W., and extending back (by departmental request). Section 7. That at the direction of 121 86/100 feet on the Easterly line, An emergency ordinance authoriz- the Board of Control, the Commis- 121 92/100 feet on the Westerly line ing the Commissioner of Purchases sioner of Purchases and Supplies is and having a rear line of 120 feet. and Supplies to purchase property authorized to convey the property Said Sublots Numbers 186, 187 and for future redevelopment at 18619 previously described in this ordi- 188 together form a parcel of land Arrowhead Avenue for the Depart- nance to the Redeveloper, for a having a frontage of 120 feet on the ment of Community Development; price of one dollar ($1.00) taking Northerly side of Henritze Avenue, and authorizing the Commissioner into account all restrictions, rever- S.W., and extending back between of Purchases and Supplies to convey sionary interests and similar encum- parallel lines 122 feet according to the property to Northeast Shores brances placed by the City of Cleve- said plat, be the same more or less, Development Corporation, or its land in the deed of conveyance. but subject to all legal highways. designee. Section 8. That the conveyance Whereas, the Director of Commu- shall be made by official deed pre- Parcel No. 2 nity Development has requested the pared by the Director of Law and Situated in the City of Cleveland, purchase of property located at executed by the Mayor on behalf of County of Cuyahoga and State of 18619 Arrowhead Avenue for future the City of Cleveland. The deed shall Ohio and known as being all of redevelopment; and contain necessary provisions, includ- Sublots 189, 190, 191, 192, 193, 194, Whereas, the Director of Commu- ing restrictive reversionary interests 195, 196, 197, 198, 199, 200, 201 and nity Development has requested the as may be specified by the Board of 202 in the Brooklyn Realty Compa- sale of the property to Northeast Control or Director of Law, which ny’s Subdivision No. 2 of a part of Shores Development Corporation, or shall protect the parties as their Original Brooklyn Township Lot No. its designee (the “Redeveloper”) for respective interests require and shall 58 as shown by the recorded plat of the public purpose of future rede- specifically contain a provision said Subdivision in Volume 40, Page velopment of the property; and against the erection of any advertis- 11 of Cuyahoga County Records. Whereas, this ordinance consti- ing signs or billboards except per- Said Sublots together forming a par- tutes an emergency measure provid- mitted identification signs. cel of land having a frontage of ing for the usual daily operation of Section 9. That this ordinance is 280.28 feet on the Southerly line of a municipal department; now, there- declared to be an emergency mea- Memphis Avenue, S.W., 243.72 feet fore sure and, provided it receives the on the Westerly line of West 41st Be it ordained by the Council of affirmative vote of two-thirds of all Street and 280.28 feet on the Norther- the City of Cleveland: the members elected to Council, it ly line of Henritze Avenue S.W., and Section 1. That notwithstanding shall take effect and be in force measuring 243.86 feet on its West- and as an exception to the provi- immediately upon its passage and erly line, be the same more or less, sions of Chapter 181 and 183 of the approval by the Mayor; otherwise it but subject to all legal highways. Codified Ordinances of Cleveland, shall take effect and be in force Section 2. That the Director of Ohio, 1976, the Commissioner of Pur- from and after the earliest period Law is directed to apply to a court chases and Supplies is authorized to allowed by law. of competent jurisdiction to have a purchase the following described Passed December 15, 2003. jury impaneled to make inquiry into property for future redevelopment Effective December 22, 2003. and assess the compensation to be 2867 38 The City Record December 24, 2003 paid for the fee simple interests Ord. No. 2239-03. Section 2. That the existing title described above. By Council Members Lewis and of Ordinance No. 1109-03, passed Section 3. That this ordinance is Jackson (by departmental request). June 10, 2003, is repealed. declared to be an emergency mea- An emergency ordinance authoriz- Section 3. That Ordinance No. 1109- sure and, provided it receives the ing the Director of Personnel and 03, passed June 10, 2003 is supple- affirmative vote of two-thirds of all Human Resources to enter into one mented by enacting new Sections 3, the members elected to Council, it or more contracts with Recovery 4, 5, 6, 7, 8, and 9 to read as follows: shall take effect and be in force Resources to provide services relat- Section 3. That the Director of the immediately upon its passage and ing to the Employee Assistance Pro- City Planning Commission is autho- approval by the Mayor; otherwise it gram. rized to enter into one or more con- shall take effect and be in force Whereas, this ordinance consti- tracts with SmithGroup JJR in asso- from and after the earliest period tutes an emergency measure provid- ciation with other firms including allowed by law. ing for the usual daily operation of City Architecture and The Outside Passed December 15, 2003. a municipal department; now, there- In for professional services neces- Effective December 22, 2003. fore sary to work on Connecting Cleve- Be it ordained by the Council of land: The Lakefront Plan as defined the City of Cleveland: in the Consultant Services Phase 3 Section 1. That the Director of Summary in the total sum of Ord. No. 2238-03. Personnel and Human Resources is $778,000. The work of SmithGroup By Council Members Lewis and authorized to enter into one or more JJR in association with the other Jackson (by departmental request). contracts with Recovery Resources firms shall include Wildwood, in- An emergency ordinance authoriz- for the professional services neces- cluding Villa Angela Beach, and ing the Director of Personnel and sary to administer assistance to City Euclid Beach State Parks. Human Resources to employ one or employees and their families in Section 4. That the Director of the more consultants or one or more dealing with personal difficulties, City Planning Commission is autho- firms of consultants to provide pro- including but not limited to family rized to enter into one or more con- fessional services for pre-employ- difficulties, marriage problems, tracts with the Army Corps of Engi- ment background and criminal financial concerns, legal issues, neers for professional services nec- checks for the Department of Per- alcohol and drug problems, work- essary to conduct a risk assessment sonnel and Human Resources. place problems, emotional and for Dike 14. Whereas, this ordinance consti- stress-related difficulties, in the esti- Section 5. That the Director of the tutes an emergency measure provid- mated sum of $25,000, for the Depart- City Planning Commission is autho- ing for the usual daily operation of ment of Personnel and Human rized to employ by contract or con- a municipal department; now, there- Resources. tracts one or more consultants or fore Section 2. That the cost of the con- one or more firms of consultants for Be it ordained by the Council of tract or contracts shall be paid from the purpose of supplementing the the City of Cleveland: Fund No. 01-040201-632000, and from regularly employed staff of the sev- Section 1. That the Director of the fund or funds appropriated for eral departments of the City of Personnel and Human Resources is this purpose in budget year 2004, Cleveland in order to provide pro- authorized to employ by contract or Request No. 107551. fessional services necessary to pro- contracts one or more consultants or Section 3. That this ordinance is vide planning, design, engineering one or more firms of consultants for hereby declared to be an emergency and construction documentation ser- the purpose of supplementing the measure and, provided it receives vices for a new pedestrian bridge at regularly employed staff of the sev- the affirmative vote of two-thirds of North Coast Harbor. eral departments of the City of all the members elected to Council, Section 6. That the Director of the Cleveland in order to provide pro- it shall take effect and be in force City Planning Commission is autho- fessional services necessary to immediately upon its passage and rized to employ by contract or con- administer pre-employment back- approval by the Mayor; otherwise it tracts one or more consultants or ground and criminal records checks; shall take effect and be in force one or more firms of consultants for and including but not limited to from and after the earliest period the purpose of supplementing the automated national wanted felon allowed by law. regularly employed staff of the sev- checks; automated motor vehicle Passed December 15, 2003. license and points checks; automat- eral departments of the City of ed workers’ compensation checks; Effective December 22, 2003. Cleveland in order to provide pro- automated social security traces and fessional services necessary to con- automated credit checks for the duct a Phase I environmental prop- Department of Personnel and Hu- erty assessment for properties to be man Resources from a list of quali- Ord. No. 2240-03. acquired by the City for public fied consultants available for em- By Council Members Cimperman access. ployment as may be determined and Jackson (by departmental re- Section 6a. That the Director of after a full and complete canvass by quest). the City Planning Commission is the Director of Personnel and Hu- An emergency ordinance to amend authorized to employ by contract or man Resources for the purpose of the title of Ordinance No. 1109-03, contracts one or more consultants or compiling a list. The compensation passed June 10, 2003; to enact new one or more firms of consultants for to be paid for the services shall be Sections 3, 4, 5, 6, 6a, 7, 8, and 9; and the purpose of supplementing the fixed by the Board of Control. The to renumber existing Section 3 to regularly employed staff of the sev- contract or contracts authorized new Section 10, relating to a grant eral departments of the City of shall be prepared by the Director of from the Ohio Department of Natur- Cleveland in order to provide pro- Law, approved by the Director of al Resources for the Cleveland fessional services necessary to facil- Personnel and Human Resources, Lakefront Park Improvement Pro- itate public meetings and communi- and certified by the Director of ject. ty discussion regarding the Cleve- Finance. Whereas, this ordinance consti- land Lakefront Park Improvement Section 2. That the costs for the tutes an emergency measure provid- Project. services shall not exceed $50,000 ing for the usual daily operation of Section 7. The selection of the con- and shall be paid from the fund or a municipal department; now, there- sultant or consultants for the ser- funds appropriated for this purpose fore vices authorized by Sections 5, 6, in budget year 2004, Request No. Be it ordained by the Council of and 6a, shall be made by the Board 107550. the City of Cleveland: of Control on the nomination of the Section 3. That this ordinance is Section 1. That the title of Ordi- Director of the City Planning Com- declared to be an emergency mea- nance No. 1109-03, passed June 10, mission, from a list of qualified con- sure and, provided it receives the 2003, is amended to read as follows: sultants available for the employ- affirmative vote of two-thirds of all An emergency ordinance authoriz- ment as may be determined after a the members elected to Council, it ing the Director of the City Plan- full and complete canvass by the shall take effect and be in force ning Commission to apply for and Director of the City Planning Com- immediately upon its passage and accept a grant from the Ohio Depart- mission for the purpose of compiling approval by the Mayor; otherwise it ment of Natural Resources for the the list. The compensation to be shall take effect and be in force Cleveland Lakefront Park Improve- paid for the services shall be fixed from and after the earliest period ments Project; and authorizing the by the Board of Control. The con- allowed by law. Director to enter into one or more tract or contracts authorized shall Passed December 15, 2003. contracts necessary to implement be prepared by the Director of Law, Effective December 22, 2003. the project. approved by the Director of the City 2868 December 24, 2003 The City Record 39

Planning Commission, and certified cial Drive, and for stabilizing the Permanent Parcel No. 115-16-029 by the Director of Finance. existing retaining walls along Situated in the City of Cleveland, Section 8. That the Director of the Canal Road, for the Division of County of Cuyahoga and State of City Planning Commission is autho- Engineering and Construction, De- Ohio, and known as being part of rized to make one or more written partment of Public Service, by one Original Euclid Township Lot No. 2, requirement contracts under the or more contracts duly let to the Tract No. 10, and bounded and Charter and the Codified Ordinances lowest responsible bidder or bidders described as follows: of Cleveland, Ohio, 1976, for the after competitive bidding on a unit Beginning at a point in the cen- requirements of the necessary items basis for the improvement. ter line of East 152nd Street, which of equipment and supplies needed to Section 2. That the Director of is also the Easterly line of said conduct public meetings and to pro- Public Service is authorized to enter Original Lot No. 2, distant South vide written and graphic materials into one or more contracts for the 181.60 feet from a stone monument to facilitate community discussion making of the public improvement at the intersection of said center regarding the Cleveland Lakefront with the lowest responsible bidder line of East 152nd Street and the Park Improvement Project. Bids or bidders after competitive bidding Easterly prolongation of the South- shall be taken in a manner that per- on a unit basis for the improvement, erly line of Sublot No. 44 in Cowles mits an award to be made for all provided, however, that each sepa- and Stark’s Subdivision of part of items as a single contract, or by sep- rate trade and each distinct compo- Original Euclid Township Lot Nos. arate contract for each or any com- nent part of the improvement may 1, 2, 42 and 43, Tract No. 10, as bination of the items as the Board be treated as a separate improve- shown by the recorded plat in Vol- of Control shall determine. Alternate ment, and each, or any combination, ume 9 of Maps, Page 22 of Cuyahoga bids for a period less than the grant of the trades or components may be County Records; term may be taken if desired by the the subject of a separate contract on Thence West at right angles with Commissioner of Purchases and Sup- a unit basis. the Easterly line of said Original plies until provision is made for the Section 3. That the cost of the Lot No. 2, 446.38 feet to the Easter- requirements for the entire term. improvement authorized shall be ly line of The Ben Gray Allotment Section 9. That the costs of the paid from Fund Nos. 20 SF 334, 20 recorded in Volume 18 of Maps, professional services and purchases SF 342, 20 SF 353, 20 SF 364, 20 SF Page 9 of Cuyahoga County authorized by this ordinance shall 373, 20 SF 380, 20 SF 383, and 20 SF Records; thence South 7° 01' 20" be charged against the fund or 394, Request No. 138361. East along said Easterly line of The funds which are credited the grant Section 4. That this ordinance is Ben Gray Allotment, about 150 feet proceeds accepted under this ordi- declared to be an emergency mea- to the Southwesterly corner of nance and shall be charged against sure and, provided it receives the premises conveyed to Manuel Halle the proper appropriation accounts affirmative vote of two-thirds of all by deed recorded in Volume 198, and the Director of Finance shall the members elected to Council, it Page 285 of Cuyahoga County certify the amount of the initial pur- shall take effect and be in force Records; chase, which purchase, together immediately upon its passage and Thence Easterly along the South- with all later purchases, shall be approval by the Mayor; otherwise it erly line of premises so conveyed to made on order of the Commissioner shall take effect and be in force Manuel Halle, 427.96 feet to the of Purchases and Supplies under a from and after the earliest period Southeasterly corner thereof; Thence North along the center requisition against the contract or allowed by law. line of East 152nd Street, about 150 contracts certified by the Director of Passed December 15, 2003. feet to the beginning, be the same Finance. Effective December 22, 2003. more or less, but subject to all legal Section 4. That existing Section 3 highways. of Ordinance No. 1109-03, passed Section 2. That the Director of June 10, 2003, is renumbered to new Parks, Recreation and Properties is “Section 10”. Ord. No. 2243-03. authorized to execute on behalf of Section 5. That this ordinance is By Council Members Coats, John- the City of Cleveland all necessary declared to be an emergency mea- son, Cimperman and Jackson. documents to acquire the property sure and, provided it receives the An emergency ordinance autho- and to employ and pay all fees for affirmative vote of two-thirds of all rizing the Commissioner of Pur- title companies, surveys, escrows, chases and Supplies to purchase the members elected to Council, it appraisers, environmental audits, shall take effect and be in force property for future redevelopment and all other costs necessary for the immediately upon its passage and at 1050 East 152nd Street for the acquisition of the property. approval by the Mayor; otherwise it Department of Parks, Recreation Section 3. That the consideration shall take effect and be in force and Properties; determining the to be paid for this property shall not from and after the earliest period method of making the public exceed fair market value. allowed by law. improvement of constructing an all- Section 4. That, under Section 167 Passed December 15, 2003. weather track and football-field of the Charter of the City of Cleve- Effective December 15, 2003. complex; authorizing the director land, it is determined to make the to enter into one or more public public improvement of constructing improvement contracts for the mak- an all-weather track and football- ing of the improvement; authoriz- field complex including site im- Ord. No. 2242-03. ing the director to enter into one provements, and other incidentals, By Council Members Gordon, Cim- or more contracts with Behnke for the Department of Parks, Recre- perman, Sweeney and Jackson (by Associates, Inc. to design the ation and Properties, by one or more departmental request). improvement; authorizing the pur- contracts duly let to the lowest An emergency ordinance deter- chase by one or more requirement responsible bidder or bidders after mining the method of making the contracts of materials, equipment, competitive bidding on a unit basis public improvement of rehabilitat- and supplies necessary for the for the improvement. ing Canal Road and authorizing the improvement; and authorizing the Section 5. That the Director of Director of Public Service to enter director to enter into a Joint Use Parks, Recreation and Properties is into one or more public improvement Agreement with the Cleveland authorized to enter into one or more contracts for the making of the Municipal School District. contracts for the making of the pub- improvement. Whereas, this ordinance consti- lic improvement with the lowest Whereas, this ordinance consti- tutes an emergency measure provid- responsible bidder or bidders after tutes an emergency measure provid- ing for the usual daily operation of competitive bidding on a unit basis ing for the usual daily operation of a municipal department; now, there- for the improvement, provided, how- a municipal department; now, there- fore ever, that each separate trade and fore Be it ordained by the Council of each distinct component part of the Be it ordained by the Council of the City of Cleveland: improvement may be treated as a the City of Cleveland: Section 1. That notwithstanding separate improvement, and each, or Section 1. That, under Section 167 and as an exception to the provi- any combination, of the trades or of the Charter of the City of Cleve- sions of Chapter 181 and 183 of the components may be the subject of a land, it is determined to make the Codified Ordinances of Cleveland, separate contract on a unit basis. public improvement of rehabilitat- Ohio, 1976, the Commissioner of Section 6. That the Director of ing Canal Road from Columbus Purchases and Supplies is autho- Parks, Recreation and Properties is Road to Commercial Drive, for truck rized to purchase the following authorized to enter into one or more turn radii improvements at the inter- described property for future rede- contracts with Behnke Associates, section of Canal Road and Commer- velopment: Inc. for professional services neces- 2869 40 The City Record December 24, 2003 sary to design the construction of an Whereas, real property acquired Ohio, and known as being Sublot No. all-weather track and football-field under the City’s Land Reutilization 7 in W.J. Gordon’s Allotment of part complex, including site im- Program is acquired, held, adminis- of Original Ten Acre Lot No. 71, as provements, and other incidentals, tered and disposed by the City of shown by the recorded plat in Vol- for the Department of Parks, Recre- Cleveland through its Department of ume 11 of Maps, Page 17 of Cuya- ation and Properties. Community Development under the hoga County Records, and being 40 Section 7. That the Director of terms of Chapter 5722 of the Ohio feet front on the Easterly side of Parks, Recreation and Properties is Revised Code and Section 183.021 of East 43rd Street, (formerly Arling- authorized to make one or more Codified Ordinances of the City of ton Court) and extending back of written requirement contracts under Cleveland, 1976; and equal width 60 feet deep, as appears the Charter and the Codified Ordi- Whereas, this ordinance consti- by said plat, be the same more or nances of Cleveland, Ohio, 1976, for tutes an emergency measure provid- less, but subject to all legal high- the requirements for the period of ing for the usual daily operation of ways. one year of the necessary items of a municipal department; now, there- Further subject to Restrictions of materials, equipment, and supplies fore Record and Zoning Ordinance, if necessary to implement the public Be it ordained by the Council of any. improvement described in this ordi- the City of Cleveland: Section 3. That all documents nec- nance, to be purchased by the Com- Section 1. That pursuant to Sec- essary to complete the conveyance missioner of Purchases and Supplies tion 183.021 of the Codified Ordi- authorized by this ordinance shall on a unit basis for Department of nances of Cleveland, Ohio 1976, the be executed within six (6) months Parks, Recreation and Properties. Commissioner of Purchases and Sup- of the effective date of this ordi- Bids shall be taken in a manner plies is hereby authorized to sell nance. If all of the documents are that permits an award to be made Permanent Parcel No(s). 103-22-096, not executed within six (6) months for all items as a single contract, or 103-22-097, 103-25-008 and 103-25-009, of the effective date of this ordi- by separate contract for each or any as more fully described below, to nance, or such additional time as combination of the items as the Burten, Bell, Carr Development, Inc. Board of Control determines. Alter- Section 2. That the real property may be granted by the Director of nate bids for a period less than the to be sold pursuant to this ordinance Community Development, this ordi- specified term may be taken if is more fully described as follows: nance shall be repealed and shall be desired by the Commissioner of Pur- of no further force or effect. chases and Supplies until provision P. P. No. 103-22-096 Section 4. That the consideration is made for the requirements for the Situated in the City of Cleveland, for the subject parcel shall be estab- entire term. County of Cuyahoga and State of lished by the Board of Control and Section 8. That the Director of Ohio, and known as being the shall be not less than Fair Market Parks, Recreation and Properties is Northerly 25 feet 6 inches from front Value taking into account such authorized to enter into a Joint Use to rear of Sublot No. 9 in Taylor and terms and conditions, restrictions Agreement with the Cleveland Hoyt’s Allotment of part of Original and covenants as are deemed nec- Municipal School District to allow Ten Acre Lot No. 66, as shown by essary or appropriate. the schools to use the new all-weath- the recorded plat of said Allotment Section 5. That the conveyance er track and football-field complex in Volume 2 of Maps, Page 34 of authorized hereby shall be made by and to allow the City to use Cuyahoga County Records. Said part official deed prepared by the Direc- High School’s facilities of Sublot No. 9 has a frontage of 25 tor of Law and executed by the for City-recreation purposes. feet 6 inches on the Easterly side of Mayor on behalf of the City of Section 9. That the cost of the East 37th Street, (formerly known Cleveland. The deed shall contain acquisition of property, professional as Wheat Street), and extends back such provisions as may be necessary services, and public improvement between parallel lines 73 feet 5 inch- to protect and benefit the public shall be paid from Fund No. 20 SF es, as appears by said plat, be the interest including such restrictive 392 and that the cost of the require- same more or less, but subject to all covenants and reversionary inter- ments shall be charged against the legal highways. ests as may be specified by the proper appropriation accounts and Board of Control, the Director of the Director of Finance shall certi- P. P. No. 103-22-097 Community Development or the fy the amount of the initial pur- Situated in the City of Cleveland, Director of Law. chase, which purchase, together County of Cuyahoga and State of Section 6. That this ordinance is with all later purchases, shall be Ohio, and known as being a parcel hereby declared to be an emergency made on order of the Commissioner of land 27 feet in width from the measure and, provided it receives of Purchases and Supplies under a Southerly side of Sublot No.10 Elisha the affirmative vote of two-thirds of requisition against the contract or Taylor and James M. Hoyt’s Subdi- all the members elected to Council, contracts certified by the Director of vision of a part of Ten Acre Lot No. it shall take effect and be in force Finance. 66. Said Southerly part of Lot No. 10 immediately upon its passage and Section 10. That this ordinance is is situated on the Easterly side of approval by the Mayor; otherwise it declared to be an emergency mea- East 37th Street, formerly called shall take effect and be in force sure and, provided it receives the Wheat Street, then called Forest from and after the earliest period affirmative vote of two-thirds of all Street, and now called East 37th allowed by law. the members elected to Council, it Street and is 27 feet in width front Passed December 15, 2003. shall take effect and be in force to rear and 73 feet 5 inches in depth, Effective December 22, 2003. immediately upon its passage and as per plat of said Subdivision approval by the Mayor; otherwise it recorded in Volume 2, Page 34 of shall take effect and be in force Maps, in the County Recorder’s from and after the earliest period Office. Ord. No. 2245-03. allowed by law. Passed December 15, 2003. P. P. No. 103-25-008 By Council Member Lewis. Effective December 22, 2003. Situated in the City of Cleveland, An emergency ordinance authoriz- County of Cuyahoga and State of ing the sale of real property as part Ohio, and known as being Sublot No. of the Land Reutilization Program 8 in W.J. Gordon’s Allotment of part and located on East 70th Street to Ord. No. 2244-03. of Original Ten Acre Lot No. 71 as Lottie Sims. By Council Member Jackson. shown by the recorded plat in Vol- Whereas, the City of Cleveland An emergency ordinance authoriz- ume 11 of Maps, Page 17 of Cuya- has elected to adopt and implement ing the sale of real property as part hoga County Records. Said Sublot the procedures under Chapter 5722 of the Land Reutilization Program No. 8 has a frontage of 40 feet on of the Ohio Revised Code to facili- and located on East 37th and 43rd the Easterly side of East 43rd tate reutilization of nonproductive Streets to Burten, Bell, Carr Devel- Street, (formerly Arlington Court) lands situated within the City of opment, Inc. and extends back between parallel Cleveland; and Whereas, the City of Cleveland lines 60 feet, as appears by said Whereas, real property acquired has elected to adopt and implement plat, be the same more or less, but under the City’s Land Reutilization the procedures under Chapter 5722 subject to all legal highways. Program is acquired, held, adminis- of the Ohio Revised Code to facili- tered and disposed of by the City of tate reutilization of nonproductive P. P. No. 103-25-009 Cleveland through its Department of lands situated within the City of Situated in the City of Cleveland, Community Development under the Cleveland; and County of Cuyahoga and State of terms of Chapter 5722 of the Ohio 2870 December 24, 2003 The City Record 41

Revised Code and Section 183.021 of Ord. No. 2247-03. the amount, manner, and number of Codified Ordinances of the City of By Council Member Cimperman. installments as provided for in the Cleveland, 1976; and An emergency ordinance authoriz- Resolution of Necessity. Whereas, this ordinance consti- ing the Director of Economic Devel- Section 5. That the list of assess- tutes an emergency measure provid- opment to enter into an agreement ments for the cost of the District ing for the usual daily operation of with the Cleveland Theater District Services reported to this Council and a municipal department; now, there- Development Corporation with now on file in the office of the Clerk fore, respect to the levy of an assessment of Council, and aggregating Be it ordained by the Council of for the Cleveland Theater District. $1,600,000 are adopted and confirmed the City of Cleveland: Whereas, this ordinance consti- as final assessments. Section 1. That pursuant to Sec- tutes an emergency measure provid- Section 6. That the several tion 183.021 of the Codified Ordi- ing for the usual daily operation of amounts of the final assessments nances of Cleveland, Ohio, 1976, the a municipal department; now, there- are assessed and levied on the lots Commissioner of Purchases and Sup- fore and lands benefited and to be plies is hereby authorized to sell Be it ordained by the Council of charged therewith in the Cleveland Permanent Parcel No(s). 105-14-052, the City of Cleveland: Theater District as described in the as more fully described below, to Section 1. That the Director of Resolution of Necessity. Lottie Sims. Economic Development is autho- Section 7. That it is determined Section 2. That the real property rized to enter into a contract with that the assessments do not exceed to be sold pursuant to this ordinance Cleveland Theater District Develop- the special benefits resulting from is more fully described as follows: ment Corporation setting forth the the improvement, and do not exceed terms under which the City will any statutory limitation. P. P. No. 105-14-052 levy an assessment for the Cleve- Section 8. That the Clerk of Coun- Situated in the City of Cleveland, land Theater District. cil is directed to continue to file in County of Cuyahoga and State of Section 2. That this ordinance is her office a list of the assessments Ohio, and known as being the declared to be an emergency mea- and the description of the lots and Southerly 25 feet of Sublot No. 63 sure and, provided it receives the lands. and the Northerly 10 feet of Sublot affirmative vote of two-thirds of all Section 9. That the first year No. 64, in James M. Hoyt and others the members elected to Council, it installment against each lot and Subdivision of part of Original One shall take effect and be in force parcel of land shall be payable in Hundred Acre Lots Nos. 347 and 349, immediately upon its passage and cash to the Commissioner of Assess- as shown by the recorded plat in approval by the Mayor; otherwise it ments and Licenses of the City with- Volume 13 of Maps, Pages 30 and 31 shall take effect and be in force in thirty (30) days after the passage of Cuyahoga County Records togeth- from and after the earliest period of this ordinance. The second er forming a parcel of land 35 feet allowed by law. through fifth annual installments front on the Westerly side of East Passed December 15, 2003. shall be payable in cash within thir- 70th Street and extending back of Effective December 22, 2003. ty (30) days after each of the next equal width 156.21 feet, as appears four anniversaries of the date of by said plat, be the same more or passage of this ordinance. All less, but subject to all legal high- assessments and installments which ways. Ord. No. 2248-03. have not been paid at the expiration Section 3. That all documents nec- By Council Member Cimperman. of the respective thirty (30) day essary to complete the conveyance An emergency ordinance deter- period shall be certified by the authorized by this ordinance shall mining to proceed to provide addi- Clerk of Council to the County Audi- be executed within six (6) months tional security for the Cleveland tor, to be placed by him on the tax of the effective date of this ordi- Theater District, cleaning and main- duplicate and collected the same as nance. If all of the documents are taining the public rights-of-way and other taxes, as provided by law. not executed within six (6) months Star Plaza within the District and Section 10. That the Clerk of this of the effective date of this ordi- collective marketing in the District Council is directed to deliver a cer- nance, or such additional time as in the City of Cleveland; adopting tified copy of this ordinance to the may be granted by the Director of the assessments; and levying the County Auditor within fifteen (15) Community Development, this ordi- assessments. days after the passage of this ordi- nance shall be repealed and shall be Whereas, this ordinance consti- nance as required by Section 319.61 of no further force or effect. tutes an emergency measure provid- of the Revised Code. Section 4. That the consideration ing for the usual daily operation of Section 11. That the Clerk of this for the subject parcel shall be estab- a municipal department; now, there- Council is directed to cause notice lished by the Board of Control and fore of the levy of the assessments to be shall be not less than Fair Market filed with the County Auditor with- Be it ordained by the Council of Value taking into account such in twenty (20) days following the the City of Cleveland: terms and conditions, restrictions passage of this ordinance. Section 1. That it is determined to and covenants as are deemed nec- Section 12. That the Clerk of Coun- proceed to provide additional secu- essary or appropriate. cil is directed to keep the adjusted rity for the Cleveland Theater Dis- Section 5. That the conveyance assessments on file in her office for trict, clean and maintain the public authorized hereby shall be made by as long as any of them remain rights-of-way and Star Plaza within official deed prepared by the Direc- unpaid. tor of Law and executed by the the District and collectively market Section 13. That it is found and Mayor on behalf of the City of the District (collectively, “District determined that all formal actions Cleveland. The deed shall contain Services”) in the Cleveland Theater of this Council concerning and relat- such provisions as may be necessary District as established in Resolution ing to the adoption of this ordinance to protect and benefit the public No. 2094-03, adopted November 24, were adopted in an open meeting of interest including such restrictive 2003 (“the Resolution of Necessity”). this Council, and that all delibera- covenants and reversionary inter- Section 2. That the District Ser- tions of this Council and any of its ests as may be specified by the vices shall be performed under the committees that resulted in such for- Board of Control, the Director of provisions of the Resolution of mal action, were in meetings open Community Development or the Necessity, and consistent with the to the public, in compliance with all Director of Law. plans, specifications, profiles, and legal requirements. Section 6. That this ordinance is estimates previously approved and Section 14. That this ordinance is hereby declared to be an emergency filed in the office of the Clerk of declared to be an emergency mea- measure and, provided it receives Council. sure and, provided it receives the the affirmative vote of two-thirds of Section 3. That all claims for dam- affirmative vote of two-thirds of all all the members elected to Council, ages resulting from the District Ser- the members elected to Council, it it shall take effect and be in force vices that have been filed under law shall take effect and be in force immediately upon its passage and shall be judicially inquired into immediately upon its passage and approval by the Mayor; otherwise it after completion of the District Ser- approval by the Mayor; otherwise it shall take effect and be in force vices. shall take effect and be in force from and after the earliest period Section 4. That it is further deter- from and after the earliest period allowed by law. mined that the cost of the District allowed by law. Passed December 15, 2003. Services to be assessed against ben- Passed December 15, 2003. Effective December 22, 2003. efited property shall be assessed in Effective December 22, 2003. 2871 42 The City Record December 24, 2003

Ord. No. 2249-03. By Council Member Polensek. An ordinance to change the zoning of properties south of Saranac Road, between East 159th Street and East 162nd Street from a General Retail Use District to a Multi-Family Use District (Map Change No. 2093, Sheet No. 7) Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands described as follows: Beginning on the Centerline of Saranac Road (60' wide) at its Intersection with the Centerline of East 159th Street (50' wide); Thence Northeasterly along said Centerline of Saranac Road to its Intersection with the Centerline of East 162nd Street (50' wide); Thence Southerly along said Centerline of East 162nd Street to its Intersection with the Easterly prolongation of the Southerly property line of Sublot No. 103 of Crosby’s Allotment, as shown by the recorded plat in Volume 9, page 25 of the Cuyahoga County records; Thence Westerly along said Easterly prolongation and Southerly property lines of Sublot Nos. 103 and 64 of said Crosby’s Allotment, and along the Westerly prolongation of said Southerly property line of said Sublot No. 64 to its Intersection with the Centerline of East 160th Street (50' wide); Thence Northerly along the Centerline of East 160th Street aforesaid to its Intersection with the Easterly pro- longation of the Southerly property line of Sublot No. 45 of the Crosby’s Allotment aforesaid; Thence Westerly along said Easterly prolongation and Southerly property lines of Sublot Nos. 45 and 42 of said Crosby’s Allotment, and along the Westerly prolongation of said Southerly property line of said Sublot No. 42 to its Intersection with the Centerline of East 159th Street aforesaid; Thence Northerly along said Centerline of East 159th Street to place of beginning, and as outlined and shaded on the attached map is changed to a Multi-Family Use District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2093, Sheet No. 7, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change of the zoning of properties south of Saranac Road, between East 159th Street and East 162nd Street from a General Retail Use District to a Multi-Family Use District (Map Change No. 2093, Sheet No. 7)

Passed December 15, 2003. Effective January 24, 2004. 2872 December 24, 2003 The City Record 43

Ord. No. 2250-03. By Council Member Dolan. An ordinance to change the zoning of property located at the northwest corner of West 168th Street and Albers Avenue from a Local Retail Use District to a Parking District and from a “2” Height District to a “1” Height District (Map Change No. 2097, Sheet No. 12) Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Height Districts of lands described as follows: Beginning at Centerline of Albers Avenue S.W. (50 feet wide) at its Intersection with the Centerline of West 168th Street (50 feet wide); Thence Westerly along said Centerline of Albers Avenue to the Southerly prolongation of the Westerly prop- erty line of a 1.4563 acre parcel of land as shown by a lot split and consolidation plat as surveyed by John M. Moore, Registered Surveyor #4883, dated January 5, 1994, and recorded in Volume 26, Page 32 of the Cuyahoga County Records; Thence Northerly along said Southerly prolongation and Westerly line of said 1.4563 acre parcel to the most Northwest corner therein; Thence Easterly, Southerly, and Easterly along the irregular Northerly property line and the Easterly prolon- gation of said Northerly property line of the 1.4563 acre parcel aforesaid to its Intersection with the Centerline of West 168th Street aforesaid; Thence Southerly along said Centerline of West 168th Street to the place of beginning, and as outlined and shaded on the attached map is changed to a Parking District and to “1” Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2097, Sheet No. 12, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person des- ignated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change in the zoning of property at the Northwest corner of West 168th Street and Albers Avenue from a Local Retail Use District to a Parking District and from a “2” Height District to a “1” Height District (Map Change No. 2097, Sheet No. 12).

Passed December 15, 2003. Effective January 24, 2004. 2873 44 The City Record December 24, 2003

Ord. No. 2251-03. By Council Member Gordon. An ordinance to change the zoning of properties located west of Pearl Road, between Broadview Road and Memphis Avenue from a General Retail Use District and Multi-Family Use District to a Local Retail Use District and from a “3” and a “1” Height District to a “2” Height District (Map Change No. 2100, Sheet No. 2) Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Height Districts of lands described as follows: Beginning on the Centerline of Broadview Road (40’ wide) at its Intersection with the Northeasterly prolongation of the Southeasterly line of a parcel of land conveyed to Sandra Kostantaras by Instrument dated October 10, 1991, recorded in Volume 16560, Page 55 of Cuyahoga County Records, and also known as P.P.N. 014-10-017; Thence Southeasterly along the Centerline of said Broadview Road to its Intersection with the Centerline of Pearl Road (100' wide); Thence Southwesterly along the Centerline of said Pearl Road to its Intersection with the Centerline of Mem- phis Avenue (60' wide); Thence Westerly along the Centerline of said Memphis Avenue to its Intersection with the Southwesterly pro- longation of the Westerly line of a parcel of land conveyed to Richard W. Blake by Instrument dated June 18, 1980, A.F.N. V80152610513, and also known as P.P.N. 014-10-055; Thence Northeasterly along said Southwesterly prolongation and Westerly line of said P.P.N. 014-10-055 to the Northwesterly therein; Thence Westerly along a portion of the Southerly line of P.P.N. 014-10-023 as shown in the Cuyahoga County Records, the Southerly line of a parcel of land conveyed to Leon and Vera Nikolajevs, by Instrument dated August 30, 1978, recorded in Volume 14842, Page 779, and also known as P.P.N. 014-10-016, and the Southerly line of a parcel of land conveyed to Edith Ortiz, by Instrument dated August 22, 2003, A.F.N. 200308220004, and also known as P.P.N. 014-10-015 to the Southwesterly corner therein; Thence Northwesterly along the Northwesterly line of said P.P.N. 014-10-015 to a point on said Northwesterly line, said point being 95 feet from the Southwesterly corner of said P.P.N. 014-10-015; Thence Southeasterly from said point in a straight line to the Southeasterly corner of P.P.N. 014-10-016 aforesaid; Thence Northeasterly along a portion of the Southeasterly line of said P.P.N. 014-10-016 to a point on said Southeasterly line, said point being 74 feet from the Southeasterly corner of said P.P.N. 014-10-016 and the Southwesterly corner of P.P.N. 014-10-017 aforesaid; Thence Southeasterly along the Southwesterly line of said P.P.N. 014-10-017 to the Southeasterly corner therein; Thence Northeasterly along the Southeasterly line of said P.P.N. 014-10-017 and the Northeasterly prolongation of said Southeasterly line to its Intersection with the Centerline of Broadview Road and the place of beginning, and as outlined and shaded on the attached map is changed to a Local Retail Use District and a “2” Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2100, Sheet No. 2, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change in zoning of properties located west of Pearl Road, between Broadview Road and Memphis Avenue from a General Retail Use District and Multi-Family Use District to a Local Retail Use District and from a “3” and a “1” Height District to a “2” Height District (Map Change No. 2100, Sheet No. 2)

Passed December 15, 2003. Effective January 24, 2004. 2874 December 24, 2003 The City Record 45

Ord. No. 2252-03. By Council Member Polensek. An ordinance to change the zoning of properties south of Saranac Road, between East 156th Street and East 159th Street from a General Retail Use District to a Two-Family Use District (Map Change No. 2092, Sheet No. 7) Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands described as follows: Beginning on the Centerline of Saranac Road (60’ wide) at its Intersection with the Centerline of East 156th Street (50' wide); Thence Northeasterly along said Centerline of Saranac Road to its Intersection with the Centerline of East 159th Street (50' wide); Thence Southerly along said Centerline of East 159th Street to its Intersection with the Easterly prolongation of the Southerly property line of Sublot No. 41 of Williams, Packard, Frost, Cleveland, Barnard, Talbot & Clapp’s Allotment, as shown by the recorded plat in Volume 9, page 35 of the Cuyahoga County records; Thence Westerly along said Easterly prolongation, Southerly property lines of Sublot Nos. 41, 42, and 43 of said Williams, Packard, Frost, Cleveland, Barnard, Talbot & Clapp’s Allotment, and along the Westerly prolongation of the Southerly property line of said Sublot No. 43 to its Intersection with the Centerline of East 158th Place (14' wide); Thence Southerly along said Centerline of East 158th Place to its Intersection with the Easterly prolongation of the Southerly property line of Sublot No. 86 of said Allotment; Thence Westerly along said Easterly prolongation, Southerly property lines of Sublot Nos. 86, 87, and 88 of said Allotment, and along the Westerly prolongation of the Southerly property line of said Sublot No. 88 to its Inter- section with the Centerline of East 157th Street (50' wide); Thence Southerly along said Centerline of East 157th Street to its Intersection with the Easterly prolongation of the Southerly property line of Sublot No. 89 of said Allotment; Thence Westerly along said Easterly prolongation, Southerly property lines of Sublot Nos. 89, 90, and 91 of said Allotment, and along the Westerly prolongation of the Southerly property line of said Sublot No. 91 to its Inter- section with the Centerline of East 157th Place (14' wide); Thence Southerly along said Centerline of East 157th Place to its Intersection with the Easterly prolongation of the Southerly property line of a parcel of land Conveyed to James E. Braden by Instrument Dated June 10, 1997 and Recorded in Volume 97-05428, Page 34 of the Cuyahoga County Records, and also known as P.P.N. 116-10-023; Thence Westerly along said Easterly prolongation, Southerly property line and the Westerly prolongation of said Southerly property line of said P.P.N. 116-10-023, to its Intersection with the Centerline of East 156th Street aforesaid; Thence Northerly along said Centerline of East 156th Street to place of beginning, and as outlined and shaded on the attached map is changed to a Two-Family Use District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2092, Sheet No. 7, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Sketch showing change of the zoning of properties south of Saranac Road, between East 156th Street and East 159th Street from a General Retail Use District to a Two-Family Use District (Map Change No. 2092, Sheet No. 7)

Passed December 15, 2003. Effective January 24, 2004. 2875 46 The City Record December 24, 2003

Ord. No. 2302-03. items as a single contract, or by sep- shall take effect and be in force By Council Member Jackson (by arate contract for each or any com- from and after the earliest period departmental request). bination of the items as the Board allowed by law. An emergency ordinance authoriz- of Control determines. Alternate Passed December 15, 2003. ing the Director of Finance to ac- bids for a period less than the spec- Effective December 22, 2003. quire one or more Kronos software ified term may be taken if desired licenses for a citywide time and by the Commissioner of Purchases attendance system; authorizing the and Supplies until provision is made Director to employ consultants, com- for the requirements for the entire Ord. No. 2305-03. puter software developers, or ven- term. By Council Members Johnson and dors or one or more firms of con- Section 3. That the costs of the Jackson (by departmental request. sultants, computer software devel- contract or contracts be paid from An emergency ordinance authoriz- opers, or vendors necessary for Fund No. 11 SF 006 and shall be ing the Director of Parks, Recre- installing, designing, training, im- charged against the proper appro- ation and Properties to enter into a plementing, testing, maintenance, priation accounts and the Director Concession Agreement with Abitibi technical support, and other related of Finance shall certify the amount Consolidated for operating a recy- time and attendance system issues; of the initial purchase, which pur- cling program at various City recre- and authorizing one or more require- chase, together with all later pur- ation centers, for a period of not to ment contracts for hardware, soft- chases, shall be made on order of exceed three years. ware, computer supplies, and other the Commissioner of Purchases and Whereas, this ordinance consti- necessary supplies, equipment, and Supplies under a requisition tutes an emergency measure provid- services necessary to implement the against the contract or contracts ing for the usual daily operation of Kronos system, including mainte- certified by the Director of Finance. a municipal department; now, there- nance, for the various divisions of (RL 146201) fore City government. Section 4. That this ordinance is Be it ordained by the Council of Whereas, this ordinance consti- declared to be an emergency mea- the City of Cleveland: tutes an emergency measure provid- sure and, provided it receives the Section 1. That notwithstanding ing for the usual daily operation of affirmative vote of two-thirds of all any provision of the Codified Ordi- a municipal department; now, there- the members elected to Council, it nances of Cleveland, Ohio, 1976, to fore shall take effect and be in force the contrary, the Director of Parks, Be it ordained by the Council of immediately upon its passage and Recreation and Properties is autho- the City of Cleveland: approval by the Mayor; otherwise it rized to enter into a Concession Section 1. That the Director of shall take effect and be in force Agreement (“Agreement”) with Finance is authorized to employ by from and after the earliest period Abitibi Consolidated to place recy- contract or contracts one or more allowed by law. cling bins outside various City consultants, computer software de- Passed December 15, 2003. recreation centers as part of a velopers, or vendors or one or more Effective December 22, 2003. paper-recycling program for City firms of consultants, computer soft- residents, for a period not to ware developers, or vendors for the exceed three years. purpose of supplementing the regu- Section 2. The Agreement shall larly employed staff of the several Ord. No. 2304-03. provide that Abitibi Consolidated departments of the City of Cleveland By Council Members Johnson and shall pay the City a monthly con- to acquire one or more Kronos soft- Jackson (by departmental request). cession fee in accordance with the ware licenses for a citywide time An emergency ordinance to amend following fee schedule for paper col- and attendance system, and for in- the title and Section 1 of Ordinance lected at each recreation center: stalling, designing, training, imple- No. 178-03, passed May 12, 2003, relat- 0 - 1.99 tons - $ 0.00 per ton; menting, testing, for maintenance, ing to a contract for youth ski 2 - 3.99 tons - $ 5.00 per ton; and technical support, and other related lessons for the 2004 ski season, for 4 or more tons - $15.00 per ton. time and attendance system issues the Division of Recreation, Depart- Section 3. That the Agreement for a period of five years, and other ment of Parks, Recreation and Prop- shall be prepared by the Director of professional services necessary to erties. Law and shall contain additional implement the system, for the De- Whereas, this ordinance consti- terms and conditions as the Director partment of Finance. tutes an emergency measure provid- of Parks, Recreation and Properties The selection of the consultants, ing for the usual daily operation of deems necessary to protect and ben- computer software developers, or a municipal department; now, there- efit the public interest, including vendors for the licenses or services fore but not limited to, that Abitibi Con- shall be made by the Board of Con- Be it ordained by the Council of solidated shall maintain the areas trol on the nomination of the Direc- the City of Cleveland: adjacent to the dumpsters. tor of Finance from a list of quali- Section 1. That the title and Sec- Section 4. That this ordinance is fied consultants available for em- tion 1 of Ordinance No. 178-03, declared to be an emergency mea- ployment as may be determined passed May 12, 2003 are amended to sure and, provided it receives the after a full and complete canvass by read as follows: affirmative vote of two-thirds of all the Director of Finance for the pur- An emergency ordinance authoriz- the members elected to Council, it pose of compiling a list. The com- ing the Director of Parks, Recre- shall take effect and be in force pensation to be paid for the services ation and Properties to enter into immediately upon its passage and shall be fixed by the Board of Con- contract with Sycamore Lake, Inc. approval by the Mayor; otherwise it trol. The contract or contracts autho- dba Alpine Valley Inc. to provide shall take effect and be in force rized shall be prepared by the Direc- youth ski lessons for the 2004 ski from and after the earliest period tor of Law, and approved and certi- season, for the Division of Recre- allowed by law. fied by the Director of Finance. ation, Department of Parks, Recre- Passed December 15, 2003. Section 2. That the Director of ation and Properties. Effective December 22, 2003. Finance is authorized to make one Section 1. That the Director of or more written requirement con- Parks, Recreation and Properties is tracts under the Charter and the authorized to enter into contract Codified Ordinances of Cleveland, with Sycamore Lake, Inc. dba Al- Ord. No. 2306-03. Ohio, 1976, for the requirements for pine Valley Inc. to provide youth ski By Council Member Johnson. the period of five years of the nec- lessons for the 2004 ski season, in An emergency ordinance authoriz- essary items of hardware, software, the total sum of $22,240.00, payable ing the Director of Parks, Recre- computer supplies, and other neces- from Fund No. 01-700401-638000, Re- ation and Properties to purchase sary supplies, equipment, and ser- quest No. 118455. property for a storage facility at vices necessary to implement the Section 2. That the existing title 2580 East 93rd Street and authoriz- Kronos time and attendance system, and Section 1 of Ordinance No. 178- ing the Director of Parks, Recre- including maintenance for a period 03, passed May 12, 2003 are repealed. ation and Properties to enter into a of five years, in the approximate Section 3. That this ordinance is management agreement with Buck- amount as purchased during the pre- declared to be an emergency mea- eye Area Development Corporation ceding term, to be purchased by the sure and, provided it receives the for this property. Commissioner of Purchases and Sup- affirmative vote of two-thirds of all Whereas, this ordinance consti- plies on a unit basis for the various the members elected to Council, it tutes an emergency measure provid- divisions of City government. Bids shall take effect and be in force ing for the usual daily operation of shall be taken in a manner that per- immediately upon its passage and a municipal department; now, there- mits an award to be made for all approval by the Mayor; otherwise it fore 2876 December 24, 2003 The City Record 47

Be it ordained by the Council of the making of the public improve- Ord. No. 2310-03. the City of Cleveland: ment with the lowest responsible By Council Members Coats and Section 1. That notwithstanding bidder or bidders after competitive Jackson (by departmental request). and as an exception to the provi- bidding for a gross price for the An emergency ordinance autho- sions of Chapter 181 and 183 of the improvement, provided, however, rizing the purchase by one or more Codified Ordinances of Cleveland, that each separate trade and each requirement contracts of labor and Ohio, 1976, the Director of Parks, distinct component part of the materials needed to repair low- Recreation and Properties is autho- improvement may be treated as a pressure steam boiler systems and rized to purchase the following separate improvement, and each, or appurtenances at facilities, for the described property for a storage any combination, of the trades or Division of Water, Department of facility: components may be the subject of a Public Utilities, for a two year separate contract for a gross price. period. 2580 East 93rd Street On request of the director the con- Cleveland, Ohio 44104 tractor shall furnish a correct sched- Whereas, this ordinance consti- Parcel No. 126-08-022. ule of unit prices, including profit tutes an emergency measure provid- Section 2. That the Director of and overhead, for all items consti- ing for the usual daily operation of Parks, Recreation and Properties is tuting units of the improvement. a municipal department; now, there- authorized to execute on behalf of Section 3. That all public improve- fore the City of Cleveland all necessary ment contracts entered into under Be it ordained by the Council of documents to acquire and to employ this ordinance shall contain the the City of Cleveland: and pay all fees for title companies, MBE, FBE, and workforce goals in Section 1. That the Director of surveys, appraisers, environmental effect at the time the contracts were Public Utilities is authorized to audits, and all other costs necessary bid. make one or more written require- for the acquisition of the property. Section 4. That the cost of the ment contracts under the Charter Section 3. That the consideration improvement authorized shall be and the Codified Ordinances of to be paid for this property shall be paid from Fund Nos. 52 SF 001, 52 Cleveland, Ohio, 1976, for the an amount not to exceed $55,000.00. SF 223, 52 SF 225, 52 SF 227, 52 SF requirements for the period of two Section 4. That all acquisition 229, 52 SF 231, and from the funds years of the necessary items of costs shall be paid from Fund No. 20 and subfunds which are credited the labor and materials needed to repair SF 392. proceeds of the sale of future water- low-pressure steam boiler systems works revenue bonds, Request No. Section 5. That the Director of and appurtenances at facilities, in 143049. Parks, Recreation and Properties is the approximate amount as pur- authorized to enter into a manage- Section 5. That this ordinance is chased during the preceding term, to ment agreement with Buckeye Area declared to be an emergency mea- be purchased by the Commissioner Development Corporation for the sure and, provided it receives the of Purchases and Supplies on a unit property acquired under Section 1. affirmative vote of two-thirds of all The Director of Law shall prepare the members elected to Council, it basis for the Division of Water, the management agreement and shall take effect and be in force Department of Public Utilities. Bids shall include such additional terms immediately upon its passage and shall be taken in a manner that per- and conditions as are necessary to approval by the Mayor; otherwise it mits an award to be made for all protect the City’s interests. shall take effect and be in force items as a single contract, or by sep- Section 6. That this ordinance is from and after the earliest period arate contract for each or any com- declared to be an emergency mea- allowed by law. bination of the items as the Board sure and, provided it receives the Passed December 15, 2003. of Control determines. Alternate affirmative vote of two-thirds of all Effective December 22, 2003. bids for a period less than the spec- the members elected to Council, it ified term may be taken if desired shall take effect and be in force by the Commissioner of Purchases immediately upon its passage and and Supplies until provision is made approval by the Mayor; otherwise it Ord. No. 2309-03. for the requirements for the entire shall take effect and be in force By Council Members Coats and term. Jackson (by departmental request). from and after the earliest period Section 2. That the costs of the allowed by law. An emergency ordinance authoriz- ing the Director of Public Utilities contract or contracts shall be Passed December 15, 2003. charged against the proper appro- Effective December 22, 2003. to enter into one or more contracts with Casnet for maintenance and priation accounts and the Director support of Hyland software for the of Finance shall certify the amount OnBase document management sys- of the initial purchase, which pur- chase, together with all later pur- Ord. No. 2308-03. tem for a period of two years. By Council Members Coats and Whereas, this ordinance consti- chases, shall be made on order of Jackson (by departmental request). tutes an emergency measure provid- the Commissioner of Purchases and An emergency ordinance deter- ing for the usual daily operation of Supplies under a requisition mining the method of making the a municipal department; now, there- against the contract or contracts fore public improvement of cleaning and certified by the Director of Be it ordained by the Council of cement mortar lining of various dis- Finance. (RL 131982) the City of Cleveland: tribution water mains; and autho- Section 3. That under Section Section 1. That the Director of rizing the Director of Public Utili- 108(b) of the Charter, the purchases Public Utilities is authorized to ties to enter into one or more pub- authorized by this ordinance may be enter into one or more contracts lic improvement contracts for the made through cooperative agree- with Casnet for professional ser- making of the improvement. vices necessary for maintenance and ments using state procedures. The Whereas, this ordinance consti- support of Hyland software for the Director of Public Utilities may sign tutes an emergency measure provid- OnBase document management sys- all documents with the State of Ohio ing for the usual daily operation of tem on the basis of its proposal or any of its political subdivisions a municipal department; now, there- dated September 9, 2003, in the total that are necessary to make the pur- fore sum of $180,808.00, for the Depart- chases, and may enter into one or Be it ordained by the Council of ment of Public Utilities, for a peri- more contracts with the vendors the City of Cleveland: od of two years. The contracts or selected through that cooperative Section 1. That, under Section 167 contracts shall be paid from Fund process. of the Charter of the City of Cleve- No. 52 SF 001, Request No. 131524. Section 4. That this ordinance is land, it is determined to make the Section 2. That this ordinance is declared to be an emergency mea- public improvement of cleaning and declared to be an emergency mea- sure and, provided it receives the cement mortar lining of various dis- sure and, provided it receives the affirmative vote of two-thirds of all tribution water mains in the City of affirmative vote of two-thirds of all the members elected to Council, it Cleveland, for the Division of Water, the members elected to Council, it shall take effect and be in force Department of Public Utilities, by shall take effect and be in force one or more contracts duly let to the immediately upon its passage and immediately upon its passage and lowest responsible bidder or bidders approval by the Mayor; otherwise it approval by the Mayor; otherwise it after competitive bidding for a gross shall take effect and be in force shall take effect and be in force price for the improvement. from and after the earliest period from and after the earliest period Section 2. That the Director of allowed by law. allowed by law. Public Utilities is authorized to Passed December 15, 2003. Passed December 15, 2003. enter into one or more contracts for Effective December 22, 2003. Effective December 22, 2003. 2877 48 The City Record December 24, 2003

Ord. No. 2311-03. Ord. No. 2312-03. Ord. No. 2313-03. By Council Members Coats and By Council Members Coats and By Council Members Coats and Jackson (by departmental request). Jackson (by departmental request). Jackson (by departmental request). An emergency ordinance authoriz- An emergency ordinance authoriz- An emergency ordinance authoriz- ing the purchase by one or more ing the purchase by one or more ing the Director of Public Utilities requirement contracts of labor and requirement contracts of labor and to employ one or more professional materials needed to repair or repair materials needed to repair or re- consultants to design a mobile unit or replace water mains and appur- place roofs and appurtenances, for to dechlorinate, reduce turbidity, col- tenances, for the Division of Water, the Divisions of Water, Cleveland lect solids, measure and log residual Department of Public Utilities, for a Public Power, and Water Pollution chlorine and turbidity levels of dis- one year period. Control, Department of Public Utili- charges from storage tanks, Whereas, this ordinance consti- ties, for a two year period. hydrants, treatment plants, or any other locations where chlorinated tutes an emergency measure provid- Whereas, this ordinance consti- water is discharged; and authoriz- ing for the usual daily operation of tutes an emergency measure provid- ing the purchase by one or more a municipal department; now, there- ing for the usual daily operation of a municipal department; now, there- contracts of labor and materials nec- fore essary to assemble, install, and test Be it ordained by the Council of fore Be it ordained by the Council of the mobile dechlorination unit, for the City of Cleveland: the Division of Water, Department the City of Cleveland: Section 1. That the Director of of Public Utilities. Section 1. That the Director of Public Utilities is authorized to Whereas, this ordinance consti- Public Utilities is authorized to make one or more written require- tutes an emergency measure provid- make one or more written require- ment contracts under the Charter ing for the usual daily operation of ment contracts under the Charter and the Codified Ordinances of a municipal department; now, there- and the Codified Ordinances of Cleveland, Ohio, 1976, for the re- fore Cleveland, Ohio, 1976, for the re- quirements for the period of one Be it ordained by the Council of quirements for the period of two year of the necessary items of labor the City of Cleveland: years of the necessary items of and materials needed to repair or Section 1. That the Director of labor and materials needed to repair or replace water mains and Public Utilities is authorized to repair or replace roofs and appur- appurtenances, in the approximate employ by contract or contracts one tenances, in the approximate amount as purchased during the or more consultants or one or more amount as purchased during the firms of consultants for the purpose preceding term, to be purchased by preceding term, to be purchased by the Commissioner of Purchases and of supplementing the regularly the Commissioner of Purchases and employed staff of the several depart- Supplies on a unit basis for the Supplies on a unit basis for the ments of the City of Cleveland in Division of Water, Department of Divisions of Water, Cleveland Pub- order to provide professional ser- Public Utilities. Bids shall be taken lic Power, and Water Pollution Con- vices necessary to design a mobile in a manner that permits an award trol, Department of Public Utilities. unit to dechlorinate, reduce turbidi- to be made for all items as a sin- Bids shall be taken in a manner ty, collect solids, measure and log gle contract, or by separate con- that permits an award to be made residual chlorine and turbidity lev- tract for each or any combination for all items as a single contract, els of discharges from storage of the items as the Board of Con- or by separate contract for each or tanks, hydrants, treatment plants, or trol determines. Alternate bids for any combination of the items as the any other locations where chlorinat- a period less than the specified Board of Control determines. Alter- ed water is discharged. term may be taken if desired by the nate bids for a period less than the The selection of the consultants Commissioner of Purchases and specified term may be taken if for the services shall be made by Supplies until provision is made for desired by the Commissioner of the Board of Control on the nomi- the requirements for the entire Purchases and Supplies until provi- nation of the Director of Public Util- term. sion is made for the requirements ities from a list of qualified consul- Section 2. That the costs of the for the entire term. tants available for employment as contract or contracts shall be Section 2. That the costs of the may be determined after a full and charged against the proper appro- contract or contracts shall be complete canvass by the Director of priation accounts and the Director charged against the proper appro- Public Utilities for the purpose of of Finance shall certify the amount priation accounts and the Director compiling a list. The compensation of the initial purchase, which pur- of Finance shall certify the amount to be paid for the services shall be fixed by the Board of Control. The chase, together with all later pur- of the initial purchase, which pur- contract or contracts authorized chases, shall be made on order of chase, together with all later pur- shall be prepared by the Director of the Commissioner of Purchases and chases, shall be made on order of the Commissioner of Purchases and Law, approved by the Director of Supplies under a requisition Public Utilities, and certified by the against the contract or contracts Supplies under a requisition against the contract or contracts Director of Finance. certified by the Director of Section 2. That the Director of Finance. (RL 143051) certified by the Director of Finance. (RL 143048) Public Utilities is authorized to Section 3. That under Section make one or more written contracts Section 3. That under Section 108(b) of the Charter, the purchases under the Charter and the Codified 108(b) of the Charter, the purchases authorized by this ordinance may be Ordinances of Cleveland, Ohio, 1976, authorized by this ordinance may be made through cooperative agree- for each or all of the following made through cooperative agree- ments using state procedures. The items: labor and materials necessary ments using state procedures. The Director of Public Utilities may sign to assemble, install, and test the Director of Public Utilities may sign all documents with the State of Ohio mobile dechlorination unit, to be all documents with the State of Ohio or any of its political subdivisions purchased by the Commissioner of or any of its political subdivisions that are necessary to make the pur- Purchases and Supplies on a unit that are necessary to make the pur- basis, for the Division of Water, chases, and may enter into one or chases, and may enter into one or more contracts with the vendors Department of Public Utilities. more contracts with the vendors Section 3. That under Section selected through that cooperative selected through that cooperative process. 108(b) of the Charter, the purchases process. authorized by this ordinance may be Section 4. That this ordinance is Section 4. That this ordinance is made through cooperative agree- declared to be an emergency mea- declared to be an emergency mea- ments using state procedures. The sure and, provided it receives the sure and, provided it receives the Director of Public Utilities may sign affirmative vote of two-thirds of all affirmative vote of two-thirds of all all documents with the State of Ohio the members elected to Council, it the members elected to Council, it or any of its political subdivisions shall take effect and be in force shall take effect and be in force that are necessary to make the pur- immediately upon its passage and immediately upon its passage and chases, and may enter into one or approval by the Mayor; otherwise it approval by the Mayor; otherwise it more contracts with the vendors shall take effect and be in force shall take effect and be in force selected through that cooperative from and after the earliest period from and after the earliest period process. allowed by law. allowed by law. Section 4. That the cost of con- Passed December 15, 2003. Passed December 15, 2003. tract or contracts authorized shall Effective December 22, 2003. Effective December 22, 2003. be paid from Fund Nos. 52 SF 001, 2878 December 24, 2003 The City Record 49

52 SF 223, 52 SF 225, 52 SF 227, 52 that are necessary to make the pur- Ord. No. 2316-03. SF 229, 52 SF 231, and from the fund chases, and may enter into one or By Council Members Coats and or subfunds which are credited the more contracts with the vendors Jackson (by departmental request). proceeds of the sale of future water- selected through that cooperative An emergency ordinance authoriz- works revenue bonds, Request No. process. ing the purchase by one or more 143047. Section 4. That this ordinance is requirement contracts of labor and Section 5. That this ordinance is declared to be an emergency mea- materials necessary for analysis, declared to be an emergency mea- sure and, provided it receives the identification, storage, remediation, sure and, provided it receives the affirmative vote of two-thirds of all transportation, recycling, and dis- affirmative vote of two-thirds of all the members elected to Council, it posal of various chemicals, products, and other hazardous and non-haz- the members elected to Council, it shall take effect and be in force ardous recyclable waste, for the shall take effect and be in force immediately upon its passage and Division of Water, Department of immediately upon its passage and approval by the Mayor; otherwise it Public Utilities, for a two year peri- approval by the Mayor; otherwise it shall take effect and be in force od. shall take effect and be in force from and after the earliest period Whereas, this ordinance consti- from and after the earliest period allowed by law. tutes an emergency measure provid- allowed by law. Passed December 15, 2003. ing for the usual daily operation of Passed December 15, 2003. Effective December 22, 2003. a municipal department; now, there- Effective December 22, 2003. fore Be it ordained by the Council of the City of Cleveland: Ord. No. 2315-03. Section 1. That the Director of Ord. No. 2314-03. By Council Members Coats and Public Utilities is authorized to By Council Members Coats and Jackson (by departmental request. make one or more written require- Jackson (by departmental request). An emergency ordinance authoriz- ment contracts under the Charter An emergency ordinance authoriz- ing the Director of Public Utilities and the Codified Ordinances of ing the purchase by one or more to enter into one or more contracts Cleveland, Ohio, 1976, for the requirement contracts of hauling without competitive bidding with requirements for the period of two and disposal of water treatment Datamatic, Ltd. for the purchase of years of the necessary items of plant residuals, for the Division of a pilot program for the automatic labor and materials necessary for Water, Department of Public Utili- meter readings firefly system for all analysis, identification, storage, ties, for a two year period. commercial accounts in the Cities of remediation, transportation, recy- cling, and disposal of various chem- Whereas, this ordinance consti- Beachwood and Brunswick, includ- icals, products, and other hazardous tutes an emergency measure provid- ing equipment and installation, for and non-hazardous recyclable waste, ing for the usual daily operation of the Division of Water, Department of Public Utilities. in the approximate amount as pur- a municipal department; now, there- chased during the preceding term, to fore Whereas, this ordinance consti- tutes an emergency measure provid- be purchased by the Commissioner Be it ordained by the Council of of Purchases and Supplies on a unit ing for the usual daily operation of the City of Cleveland: basis for the Division of Water, a municipal department; now, there- Section 1. That the Director of Department of Public Utilities. Bids fore Public Utilities is authorized to shall be taken in a manner that per- Be it ordained by the Council of make one or more written require- mits an award to be made for all ment contracts under the Charter the City of Cleveland: items as a single contract, or by sep- and the Codified Ordinances of Section 1. That this Council has arate contract for each or any com- Cleveland, Ohio, 1976, for the determined that the within com- bination of the items as the Board requirements for the period of two modities are non-competitive and of Control determines. Alternate years of the necessary items of cannot be secured from any source bids for a period less than the spec- hauling and disposal of water treat- other than Datamatic, Ltd. There- ified term may be taken if desired ment plant residuals, in the approx- fore the Director of Public Utilities by the Commissioner of Purchases is authorized to make one or more imate amount as purchased during and Supplies until provision is made written contracts with Datamatic, the preceding term, to be purchased for the requirements for the entire Ltd., for the purchase of a pilot pro- by the Commissioner of Purchases term. gram for the automatic meter read- and Supplies on a unit basis for the Section 2. That the costs of the ings firefly system for all commer- Division of Water, Department of contract or contracts shall be cial accounts in the Cities of Beach- charged against the proper appro- Public Utilities. Bids shall be taken wood and Brunswick, including priation accounts and the Director in a manner that permits an award equipment and installation neces- of Finance shall certify the amount to be made for all items as a sin- sary to operate the system in those of the initial purchase, which pur- gle contract, or by separate con- cities, to be purchased by the Com- chase, together with all later pur- tract for each or any combination missioner of Purchases and Sup- chases, shall be made on order of of the items as the Board of Con- plies, for the Division of Water, the Commissioner of Purchases and trol determines. Alternate bids for Department of Public Utilities. Supplies under a requisition against a period less than the specified Section 2. That the cost of the con- the contract or contracts certified by term may be taken if desired by the tract or contracts authorized shall the Director of Finance. (RL 143055) Commissioner of Purchases and be paid from Fund Nos. 52 SF 001, Section 3. That under Section Supplies until provision is made for 52 SF 223, 52 SF 225, 52 SF 227, 52 108(b) of the Charter, the purchases the requirements for the entire SF 229, 52 SF 231, and from the authorized by this ordinance may be term. funds and subfunds which are cred- made through cooperative agree- Section 2. That the costs of the ited the proceeds of the sale of ments using state procedures. The contract or contracts shall be future waterworks revenue bonds, Director of Public Utilities may sign all documents with the State of Ohio charged against the proper appro- Request No. 143046. or any of its political subdivisions priation accounts and the Director Section 3. That the Director of that are necessary to make the pur- of Finance shall certify the amount Public Utilities shall report the chases, and may enter into one or of the initial purchase, which pur- results of the pilot program to the more contracts with the vendors chase, together with all later pur- Council within six months of the chases, shall be made on order of selected through that cooperative start of the pilot program. process. the Commissioner of Purchases and Section 4. That this ordinance is Section 4. That this ordinance is Supplies under a requisition declared to be an emergency mea- declared to be an emergency mea- against the contract or contracts sure and, provided it receives the sure and, provided it receives the certified by the Director of affirmative vote of two-thirds of all affirmative vote of two-thirds of all Finance. (RL 143052) the members elected to Council, it the members elected to Council, it Section 3. That under Section shall take effect and be in force shall take effect and be in force 108(b) of the Charter, the purchases immediately upon its passage and immediately upon its passage and authorized by this ordinance may be approval by the Mayor; otherwise it approval by the Mayor; otherwise it made through cooperative agree- shall take effect and be in force shall take effect and be in force ments using state procedures. The from and after the earliest period from and after the earliest period Director of Public Utilities may sign allowed by law. allowed by law. all documents with the State of Ohio Passed December 15, 2003. Passed December 15, 2003. or any of its political subdivisions Effective December 22, 2003. Effective December 22, 2003. 2879 50 The City Record December 24, 2003

Ord. No. 2317-03. Ord. No. 2319-03. purposes set forth in the application By Council Members Coats and By Council Members Coats and for the grant contained in the file Jackson (by departmental request). Jackson (by departmental request). described below. An emergency ordinance authoriz- An emergency ordinance authoriz- Section 2. That the application for ing the purchase by one or more ing the Director of Public Utilities the grant, File No. 2320-03-A, made a requirement contracts of electrical to enter into an one or more agree- part of this ordinance as if fully and water system maintenance ments with Cleveland Housing Net- rewritten, including the obligation equipment, electrical supplies, and work to provide various customer of the City of Cleveland to provide appurtenances, for the Divisions of services to low income home owners a cash match in the sum of $24,077, Water, Cleveland Public Power, and or for rental property owners, for payable from Fund Nos. 10 SF 027 the Divisions of Water, Water Pol- Water Pollution Control, Depart- and 10 SF 049, is approved in all lution Control, and Cleveland Public respects. ment of Public Utilities, for a two Power, Department of Public Utili- Section 3. That the Director of year period. ties. Public Safety is authorized to make Whereas, this ordinance consti- Whereas, this ordinance consti- one or more written requirement tutes an emergency measure provid- tutes an emergency measure provid- contracts under the Charter and the ing for the usual daily operation of ing for the usual daily operation of Codified Ordinances of Cleveland, a municipal department; now, there- a municipal department; now, there- Ohio, 1976, for the requirements for fore fore the necessary items of equipment Be it ordained by the Council of Be it ordained by the Council of and supplies needed to implement the City of Cleveland: the City of Cleveland: the program. Bids shall be taken in Section 1. That the Director of Section 1. That the Director of a manner that permits an award to Public Utilities is authorized to Public Utilities is authorized to be made for all items as a single make one or more written require- enter into one or more agreements contract, or by separate contract for ment contracts under the Charter with Cleveland Housing Network to each or any combination of the and the Codified Ordinances of provide various customer services to items as the Board of Control shall Cleveland, Ohio, 1976, for the re- low income home owners or for determine. Alternate bids for a peri- quirements for the period of two rental property owners, for the Divi- od less than the grant term may be years of the necessary items of elec- sions of Water, Water Pollution Con- taken if desired by the Commis- trical and water system mainte- trol, and Cleveland Public Power, sioner of Purchases and Supplies nance equipment, electrical supplies, Department of Public Utilities. until provision is made for the and appurtenances, in the approxi- Section 2. That the cost of the requirements for the entire term. Section 4. mate amount as purchased during agreement or agreements authorized That the costs of the shall be paid from Fund Nos. 52 SF purchases authorized by this ordi- the preceding term, to be purchased 001, 54 SF 001, and 58 SF 001, nance shall be payable from the by the Commissioner of Purchases Request No. 143053. cash match, shall be charged and Supplies on a unit basis for the Section 3. That the agreement or against the fund or funds which are Divisions of Water, Cleveland Pub- agreements shall be prepared by the credited the grant proceeds accept- lic Power, and Water Pollution Con- Director of Law and shall contain ed under this ordinance, and shall trol, Department of Public Utilities. additional terms and conditions as be charged against the proper Bids shall be taken in a manner the Director of Public Utilities appropriation accounts and the that permits an award to be made deems necessary to protect and ben- Director of Finance shall certify the for all items as a single contract, or efit the public interest. amount of the initial purchase, by separate contract for each or any Section 4. That this ordinance is which purchase, together with all combination of the items as the declared to be an emergency mea- later purchases, shall be made on Board of Control determines. Alter- sure and, provided it receives the order of the Commissioner of Pur- nate bids for a period less than the affirmative vote of two-thirds of all chases and Supplies under a requi- specified term may be taken if the members elected to Council, it sition against the contract or con- desired by the Commissioner of Pur- shall take effect and be in force tracts certified by the Director. chases and Supplies until provision immediately upon its passage and Section 5. That the Director of is made for the requirements for the approval by the Mayor; otherwise it Public Safety shall have the author- entire term. shall take effect and be in force ity to extend the term of the grant Section 2. That the costs of the from and after the earliest period if the extension does not involve an contract or contracts shall be allowed by law. increase in the dollar amount of the charged against the proper appro- Passed December 15, 2003. grant specified above. Effective December 22, 2003. Section 6. That this ordinance is priation accounts and the Director declared to be an emergency mea- of Finance shall certify the amount sure and, provided it receives the of the initial purchase, which pur- affirmative vote of two-thirds of all chase, together with all later pur- Ord. No. 2320-03. the members elected to Council, it chases, shall be made on order of By Council Members Reed and shall take effect and be in force the Commissioner of Purchases and Jackson (by departmental request). immediately upon its passage and Supplies under a requisition against An emergency ordinance authoriz- approval by the Mayor; otherwise it the contract or contracts certified by ing the Director of Public Safety to shall take effect and be in force the Director of Finance. (RL 131983) apply for and accept a grant from from and after the earliest period Section 3. That under Section the Ohio Office of Criminal Justice allowed by law. 108(b) of the Charter, the purchases Services through the County Crimi- Passed December 15, 2003. authorized by this ordinance may be nal Justice Services Agency for the Effective December 22, 2003. made through cooperative agree- 2004 Caribbean Gang Task Force ments using state procedures. The Program; and to enter into contracts Director of Public Utilities may sign necessary to implement the pro- all documents with the State of Ohio gram. Ord. No. 2321-03. or any of its political subdivisions Whereas, this ordinance consti- By Council Members Reed and that are necessary to make the pur- tutes an emergency measure provid- Jackson (by departmental request). chases, and may enter into one or ing for the usual daily operation of An emergency ordinance authoriz- more contracts with the vendors a municipal department; now, there- ing the Director of Public Safety to selected through that cooperative fore apply for and accept a grant from process. Be it ordained by the Council of the Cuyahoga county Juvenile Court for the 2004 Juvenile Community Section 4. That this ordinance is the City of Cleveland: Section 1. That the Director of Diversion Program; and to enter into declared to be an emergency mea- Public Safety is authorized to apply one or more agreements with a Part- sure and, provided it receives the for and accept a grant in the nership for a Safer Cleveland to affirmative vote of two-thirds of all amount of $72,230, from the Ohio implement the program. the members elected to Council, it Office of Criminal Justice Services Whereas, this ordinance consti- shall take effect and be in force through the County Criminal Justice tutes an emergency measure provid- immediately upon its passage and Services Agency to conduct the 2004 ing for the usual daily operation of approval by the Mayor; otherwise it Caribbean Gang Task Force Pro- a municipal department; now, there- shall take effect and be in force gram; that the Director is autho- fore from and after the earliest period rized to file all papers and execute Be it ordained by the Council of allowed by law. all documents necessary to receive the City of Cleveland: Passed December 15, 2003. the funds under the grant; and that Section 1. That the Director of Effective December 22, 2003. the funds are appropriated for the Public Safety is authorized to apply 2880 December 24, 2003 The City Record 51 for and accept a grant in the Section 3. That the Director of cash match, shall be charged amount of $20,000, from the Cuya- Public Safety shall have the author- against the fund or funds which are hoga County Juvenile Court to con- ity to extend the term of the grant credited the grant proceeds accept- duct the 2004 Juvenile Community if the extension does not involve an ed under this ordinance, and shall Diversion Program; that the Direc- increase in the dollar amount of the be charged against the proper ap- tor is authorized to file all papers grant specified above. propriation accounts and the Direc- and execute all documents neces- Section 4. That this ordinance is tor of Finance shall certify the sary to receive the funds under the declared to be an emergency mea- amount of the initial purchase, grant; and that the funds are appro- sure and, provided it receives the which purchase, together with all priated for the purposes set forth in affirmative vote of two-thirds of all later purchases, shall be made on the application for the grant con- the members elected to Council, it order of the Commissioner of Pur- tained in the file described below. shall take effect and be in force chases and Supplies under a requi- Section 2. That the application for immediately upon its passage and sition against the contract or con- the grant, File No. 2321-03-A, made a approval by the Mayor; otherwise it tracts certified by the Director. part of this ordinance as if fully shall take effect and be in force Section 5. That under Section rewritten is approved in all respects. from and after the earliest period 108(b) of the Charter, the purchases Section 3. That the Director of allowed by law. authorized by this ordinance may be Public Safety is authorized to enter Passed December 15, 2003. made through cooperative agree- into one or more agreements with Effective December 22, 2003. ments using state procedures. The Partnership for a Safer Cleveland in Director of Public Safety may sign the amount of $15,000 to implement all documents with the State of Ohio the program, payable from the pro- or any of its political subdivisions ceeds of the fund or funds which are Ord. No. 2323-03. that are necessary to make the pur- credited the grand proceeds accept- By Council Members Reed and chases, and may enter into one or ed under this ordinance. Jackson (by departmental request). more contracts with the vendors Section 4. That the Director of An emergency ordinance authoriz- selected through that cooperative Public Safety shall have the author- ing the Director of Public Safety to process. ity to extend the term of the grant apply for and accept a grant from Section 6. That the Director of if the extension does not involve an the Ohio Office of Criminal Justice Public Safety shall have the author- increase in the dollar amount of the Services through the County Crimi- ity to extend the term of the grant grant specified above. nal Justice Services Agency for the if the extension does not involve an Section 5. That this ordinance is Byrne Memorial Grant, 2004 Home- increase in the dollar amount of the declared to be an emergency mea- land Security Program; and to enter grant specified above. sure and, provided it receives the into contracts necessary to imple- Section 7. That this ordinance is affirmative vote of two-thirds of all ment the program. declared to be an emergency mea- the members elected to Council, it Whereas, this ordinance consti- sure and, provided it receives the shall take effect and be in force tutes an emergency measure provid- affirmative vote of two-thirds of all immediately upon its passage and ing for the usual daily operation of the members elected to Council, it approval by the Mayor; otherwise it a municipal department; now, there- shall take effect and be in force shall take effect and be in force fore immediately upon its passage and from and after the earliest period Be it ordained by the Council of approval by the Mayor; otherwise it allowed by law. the City of Cleveland: shall take effect and be in force Passed December 15, 2003. Section 1. That the Director of from and after the earliest period Effective December 22, 2003. Public Safety is authorized to apply allowed by law. for and accept a grant in the Passed December 15, 2003. amount of $107,897, from the Ohio Effective December 22, 2003. Office of Criminal Justice Services Ord. No. 2322-03. through the County Criminal Justice By Council Members Reed and Services Agency to conduct the Jackson (by departmental request). Byrne Memorial Grant, 2004 Home- Ord. No. 2324-03. An emergency ordinance authoriz- land Security Program; that the By Council Members Cimperman, ing the Director of Public Safety to Director is authorized to file all Gordon and Jackson (by depart- apply for and accept a grant from papers and execute all documents mental request). the Ohio Office of Criminal Justice necessary to receive the funds under An emergency ordinance authoriz- Services through the County Crimi- the grant; and that the funds are ing the Director of Economic Devel- nal Justice Services Agency for the appropriated for the purposes set opment to enter into an Enterprise 2004 Byrne Memorial Grant, Cleve- forth in the application for the Zone Agreement with 2900 Detroit, land Team Approach to Domestic grant contained in the file described Ltd. to provide for a ten-year, sixty- Violence Program. below. five percent tax abatement for cer- Whereas, this ordinance consti- Section 2. That the application for tutes an emergency measure provid- the grant, File No. 2323-03-A, made a tain tangible real property improve- ing for the usual daily operation of part of this ordinance as if fully ments to assist with the construc- a municipal department; now, there- rewritten, including the obligation tion and renovation of the former fore of the City of Cleveland to provide Van Roy Coffee Building at 2900 Be it ordained by the Council of a cash match in the sum of $35,966, Detroit Avenue in the Cleveland the City of Cleveland: payable from Fund Nos. 10 SF 025 Area Enterprise Zone. Section 1. That the Director of and 10 SF 027, is approved in all Whereas, under Ordinance No. 948- Public Safety is authorized to apply respects. 95, passed June 19, 1995, this Coun- for and accept a grant in the Section 3. That the Director of cil designated an area which is in amount of $20,513, from the Ohio Public Safety is authorized to the City of Cleveland and described Office of Criminal Justice Services make one or more written require- in File No. 948-95-A, as the Cleveland through the County Criminal Justice ment contracts under the Charter Area Enterprise Zone (the “Zone”) Services Agency to conduct the 2004 and the Codified Ordinances of under Chapter 5709 of the Ohio Byrne Memorial Grant, Cleveland Cleveland, Ohio, 1976, for the Revised Code; and Team Approach to Domestic Vio- requirements for the necessary Whereas, in August, 1995, the lence Program; that the Director is items of equipment and supplies Director of Development of the State authorized to file all papers and needed to implement the program. of Ohio determined that the Zone execute all documents necessary to Bids shall be taken in a manner contains the characteristics in Sec- receive the funds under the grant; that permits an award to be made tion 5709.61(A) of the Revised Code and that the funds are appropriated for all items as a single contract, and certified the area as an “Urban for the purposes set forth in the or by separate contract for each or Jobs and Enterprise Zone” under application for the grant contained any combination of the items as Chapter 5709 of the Revised Code; in the file described below. the Board of Control shall deter- and Section 2. That the application for mine. Alternate bids for a period Whereas, 2900 Detroit, Ltd. (the the grant, File No. 2322-03-A, made a less than the grant term may be “Enterprise”) has proposed new con- part of this ordinance as if fully taken if desired by the Commis- struction and renovation of the for- rewritten, including the obligation sioner of Purchases and Supplies mer Van Roy Coffee Building at of the City of Cleveland to provide until provision is made for the 2900 Detroit Avenue in the Cleve- a cash match in the sum of $20,513, requirements for the entire term. land Area Enterprise Zone; and payable from Fund Nos. 01-600201- Section 4. That the costs of the Whereas, the Enterprise has cer- 639905, 10 SF 025, and 10 SF 027, is purchases authorized by this ordi- tified to the City it would be at a approved in all respects. nance shall be payable from the competitive disadvantage operating 2881 52 The City Record December 24, 2003 at this location if taxes on certain Whereas, in Ordinance No. 2025-87, Section 3. That the Director of tangible real property improvements passed November 30, 1987, this Coun- Public Service is authorized to enter were not abated; and cil gave consent to the Director of into agreements with the County as Whereas, this ordinance consti- Transportation, State of Ohio for are necessary to complete the plan- tutes an emergency measure provid- rehabilitating and reconstructing ning and construction of the ing for the immediate preservation the Adelbert Road Bridge; and Improvement. of the public peace, safety, proper- Whereas, this ordinance consti- Section 4. That on completion of ty, and welfare and that its enact- tutes an emergency measure provid- the Improvement, the City will: ment is a necessary prerequisite to ing for the usual daily operation of (a) Keep the affected highway providing immediate assistance to a municipal department; now, there- open to traffic at all times; create and preserve job opportuni- fore (b) Maintain the Improvement ties and advance and promote com- Be it ordained by the Council of under the provisions of the relative mercial and economic development the City of Cleveland: statutes and make ample financial in the City of Cleveland, and the Section 1. That this Council autho- and other provisions for the main- assistance is immediately necessary rizes payment to the State of Ohio tenance; or jobs will be lost; now, therefore, for the City’s share of the cost of (c) Maintain the right-of-way and Be it ordained by the Council of rehabilitating and reconstructing keep it free of obstruction in a man- the City of Cleveland: the Adelbert Road Bridge over CSX ner satisfactory to the County, hold Section 1. That this Council Transportation, Norfolk Southern the right-of-way inviolate for public approves the application of the Railroad, and GCRTA, from Fund highway purposes and permit no Enterprise for enterprise zone incen- Nos. 20 SF 364, 20 SF 373, 20 SF 380, signs, posters, billboards, roadside tives on the basis that the Enter- 20 SF 383, and 20 SF 394, Request stands or other private installations prise is qualified by financial No. 138356. in the limits of the right-of-way; responsibility and business experi- Section 2. That this ordinance is (d) Place and maintain all traffic ence to create and preserve employ- declared to be an emergency mea- control devices under the Ohio Man- ment opportunities in the Cleveland sure and, provided it receives the ual of Uniform Traffic Control Area Enterprise Zone and to affirmative vote of two-thirds of all Devices under the provisions of Sec- improve the economic climate of the the members elected to Council, it tion 4511.11 and related sections of City of Cleveland. shall take effect and be in force the Ohio Revised Code; and Section 2. That the Director of immediately upon its passage and (e) Prohibit all parking within Economic Development is autho- approval by the Mayor; otherwise it the limits of the roadway which is rized to enter into an Enterprise shall take effect and be in force a part of the Improvement under Zone Agreement with the Enterprise from and after the earliest period Section 4511.66 of the Ohio Revised to provide for a ten-year, sixty-five allowed by law. Code, unless otherwise controlled by percent (65%) tax abatement for Passed December 15, 2003. City ordinance or resolution. certain tangible real property Effective December 22, 2003. Section 5. (a) That all existing improvements; the abatement shall streets and public rights-of-way in be subject to annual review of the the City which are necessary for the Tax Incentive Review Council. Improvement shall be made avail- Section 3. That the terms of the Ord. No. 2332-03. able. tax abatement shall be in accor- By Council Members Coats, Swee- (b) That in the event any addi- dance with the terms in the Sum- ney and Jackson (by departmental tional right-of-way is required for mary contained in File No. 2324-03- request). the Improvement, the County will A. These terms shall not be amend- An emergency ordinance giving arrange for the acquisition. ed, nor shall the tax abatement be consent of the City of Cleveland for (c) That the County shall contin- assignable or transferable to any the rehabilitation of Belvoir Boule- ue to maintain the structural ele- entity, without the prior legislative vard between Euclid Avenue and ments of any bridge (defined as a authorization by Cleveland City the South Euclid corporation line; structure with a span of twenty (20) Council. authorizing the Director of Public feet or greater) in the limits of the Section 4. That the Director of Service to enter into any relative Improvement under the applicable Economic Development is autho- agreements; to apply for and accept sections of the Ohio Revised Code. rized to charge and accept fees in an allocation of County Motor Vehi- (d) That the street in the limits an amount not to exceed the maxi- cle License Tax Funds; and to cause of the Improvement is designated a mum allowable under Chapter 5709 payment of the City’s share to the through highway within the mean- of the Revised Code and the funds Cuyahoga County Commissioners for ing of Section 4511.07(F) of the Ohio are appropriated for the purposes the improvement. Revised Code. listed in Chapter 5709 of the Revised Whereas, this ordinance consti- (e) That arrangements have been Code. The fees shall be deposited to tutes an emergency measure provid- or will be made with and agree- and expended from Fund No. 17 SF ing for the usual daily operation of ments obtained from all public util- 305, Loan Fees Fund. a municipal department; now, there- ity companies whose lines or struc- Section 5. That the Director of fore tures will be affected by the Law shall prepare and approve the Be it ordained by the Council of Improvement, that the companies agreement and that the agreement the City of Cleveland: have agreed to make any and all shall contain the terms and provi- Section 1. That it is declared to be necessary rearrangements in a man- sions the Director deems necessary in the public interest that the con- ner as to be clear of any construc- to protect the City’s interest. sent of the City of Cleveland is tion called for by the plans for the Section 6. That this ordinance is given to the Cuyahoga County Com- Improvement and that the compa- declared to be an emergency mea- missioners (the “County”) to con- nies have agreed to make necessary sure and, provided it receives the struct the following improvement rearrangements immediately after affirmative vote of two-thirds of all under plans, specifications, and esti- notification by the City or the Coun- the members elected to Council, it mates approved by the County: The ty. shall take effect and be in force rehabilitation of Belvoir Boulevard (f) That the City, at its own immediately upon its passage and between Euclid Avenue and the expense, shall make all rearrange- approval by the Mayor; otherwise it South Euclid corporation line (the ments of water mains, service lines, shall take effect and be in force “Improvement”). fire hydrants, valve boxes, sanitary from and after the earliest period Section 2. That the City proposes sewers, or other City-owned utilities allowed by law. to cooperate with the County in the and appurtenances which do not Passed December 15, 2003. cost of the Improvement by assum- comply with the provisions of ODOT Effective December 22, 2003. ing and contributing the entire cost Directive No. 28-A, whether inside or and expense of the Improvement outside the corporate limits of the less any fund administered by the City, as may be necessary to con- Ohio Public Works Commission form to the Improvement, and that Ord. No. 2331-03. which are used for the Improve- the rearrangements shall be done at By Council Members Britt, Swee- ment, and less the County’s portion the time requested by the County. ney and Jackson (by departmental of the cost of the Improvement. In (g) That the County will partici- request). addition, the City agrees to assume pate in the costs of alterations of An emergency ordinance authoriz- and contribute 100% of the cost of governmentally-owned utility facili- ing the Director of Public Service to any items included in the construc- ties which come within the provi- cause payment of the City of Cleve- tion contract, at the request of the sions of ODOT Directive 28-A, to the land’s share to the State of Ohio for City, which are determined by the same extent that it participates in the cost of rehabilitating and recon- County not to be eligible or made the other costs of the Improvement, structing the Adelbert Road Bridge. necessary by the Improvement. provided that the participation will 2882 December 24, 2003 The City Record 53 not extend to additions or better- (d) That the City agrees to par- 29, 1999, is amended to read as fol- ments of existing facilities. ticipate with the County in the cost lows: (h) That the construction, recon- of the Improvement by an allocation Section 13. That the cost of the struction and rearrangement of all from the County Motor Vehicle Improvement, professional services, utilities shall be done in a manner License Tax Fund to pay the Coun- and property acquisition contem- as not to interfere unduly with the ty portion of the project. plated shall be paid from fund Nos. operations of the contractor or con- (e) That if the project is financed 20 SF 364, 20 SF 373, 20 SF 380, 20 tractors constructing the Improve- as a Federal-aid project, eligible SF 383, and 20 SF 394, Request Nos. ment, and all backfilling of trench- costs of the Improvement shall be 4304 and 138339. es made necessary by the utility financed from the appropriate funds. Section 2. That existing Section 13 rearrangement shall be performed (f) That within the corporate lim- of Ordinance No. 1655-99, passed under the provisions of the ODOT its of the City, the City agrees to November 29, 1999, is repealed. Construction and Material Specifica- contribute twenty percent (20%) of Section 3. That this ordinance is tions and shall be subject to the costs of construction, construc- declared to be an emergency mea- approval by the County. tion supervision, right-of-way, and sure and, provided it receives the (i) That the City agrees that the incidentals and forty percent (40%) affirmative vote of two-thirds of all County shall be saved harmless of the cost of preparation of plans the members elected to Council, it from any and all damages or claims and specifications. That the City shall take effect and be in force arising from or growing out of the agrees to deposit with the Treasur- immediately upon its passage and certification or obligations made or er of Cuyahoga County the City’s approval by the Mayor; otherwise it share of the estimated cost of the shall take effect and be in force agreed to in divisions (a), (b), (e), project or the Director of Public Ser- from and after the earliest period (f), and (h) of this section. vice is authorized to enter into allowed by law. (j) That stop signs affecting the escrow agreement with the Board of Passed December 15, 2003. movement of traffic on any street County Commissioners prior to an Effective December 22, 2003. within the limits of the Improve- award of a contract for the improve- ment shall be removed and no stop ment. signs will be erected except at inter- Section 8. That the Director of sections with another through high- Public Service is authorized to apply Ord. No. 2336-03. way where traffic does not warrant to the County for an allocation from By Council Members Sweeney and the installation of a traffic control the County Motor Vehicle License Jackson (by departmental request). signal but where the warrants of a Tax fund to pay the County portion An emergency ordinance to amend “Four-way Stop” as provided in the of the project, and to enter into Section 1 of Ordinance No. 1901-97, Manual are met. agreements with the County neces- passed August 13, 1997, as amended (k) That no rule or regulation sary to finance the Improvement. by Ordinance No. 2024-2000, passed may be enacted restricting the use Section 9. That the Director of December 18, 2000, relating to the of the Improvement by any class of Public Service is authorized to apply cause payment of the City of Cleve- vehicle or vehicle load permitted by to County for approval to use Coun- land’s share to the County of Cuya- the Ohio Revised Code to use a pub- ty Motor Vehicle License Tax funds hoga and the State of Ohio for the lic highway. Any existing rule or to pay for the Improvement, to cost of rehabilitating and recon- regulation restricting road use is accept funds and to file all papers structing West 53rd Street Bridge, rescinded. and execute all documents neces- Denison Avenue Bridge, Harvard Section 6. That the Council of the sary to receive funds; and that the Avenue Bridge, West 65th Street City requests the County to proceed funds are appropriated for the pur- Bridge, and the West 74th Street with the Improvement. poses identified in this ordinance. Bridge. Section 7. That the Director of Section 10. That this Council Whereas, this ordinance consti- Public Service is authorized to enter authorizes payment to the County of tutes an emergency measure provid- into an agreement with the County the City’s share of the Improvement ing for the usual daily operation of concerning the financing of the from Fund Nos. 20 SF 364, 20 SF 373, a municipal department; now, there- Improvement which agreement shall 20 SF 380, 20 SF 383, and 20 SF 394, fore contain without limitation terms Request No. 138347. Be it ordained by the Council of substantially similar to the follow- Section 11. That the Clerk of Coun- the City of Cleveland: ing: cil is authorized and directed to Section 1. That Section 1 of Ordi- (a) That the County will arrange transmit to the County three (3) cer- nance No. 1901-97, passed August 13, for the preparation of construction tified copies of this ordinance imme- 1997, as amended by Ordinance No. plans and specifications for the diately on effective date and it shall 2024-2000, passed December 18, 2000, Improvement, including necessary become the basis for proceeding is amended to read as follows: engineering reports, under current with the Improvement. Section 1. That this Council autho- County Engineer standards for con- Section 12. That this ordinance is rizes payment to the State of Ohio struction of County roads and declared to be an emergency mea- and the County of Cuyahoga of the bridges. sure and, provided it receives the City’s share of the cost of rehabili- (b) That the County will arrange affirmative vote of two-thirds of all tating and reconstructing West 53rd for the supervision and administra- the members elected to Council, it Street Bridge over N/S and RTA, tion of the construction contract for shall take effect and be in force Denison Avenue Bridge over Conrail the Improvement, and will review immediately upon its passage and and N/S, Harvard Avenue Bridge approval by the Mayor; otherwise it the construction plans for confor- over Wheeling & , West shall take effect and be in force 65th Street Bridge over N/S and mance with division (a) of this sec- from and after the earliest period RTA, and the West 74th Street tion and make the inspection of the allowed by law. Bridge from Fund Nos. 20 SF 190, 20 completed project. Passed December 15, 2003. SF 302, 20 SF 312, 20 SF 322, 20 SF (c) That if, by ordinance of this Effective December 22, 2003. 334, 20 SF 353, 20 SF 364, 20 SF 373, Council, the City requests the Coun- 20 SF 380, 20 SF 383, 20 SF 394, 52 ty, to include in the Improvement SF 001, and 58 SF 223, Request Nos. the construction of sanitary sewers, 21947 and 138355. water lines, sewers for drainage of Ord. No. 2335-03. Section 2. That Section 1 of Ordi- the area surrounding the Improve- By Council Members Rybka, Swee- nance No. 1901-97, passed August 13, ment, sidewalks, alternate bid items ney and Jackson (by departmental 1997, as amended by Ordinance No. or other items that are in addition request). 2024-2000, passed December 18, 2000, to those now existing in the plans An emergency ordinance to amend is repealed. for the Improvement and not pro- Section 13 of Ordinance No. 1655-99, Section 3. That this ordinance is vided for elsewhere in the agree- passed November 29, 1999, relating declared to be an emergency mea- ment, the County will do so, provid- to the construction of Bessemer Ave- sure and, provided it receives the ed that the construction of the addi- nue Extension Phase I. affirmative vote of two-thirds of all tional items is approved by the Whereas, this ordinance consti- the members elected to Council, it County and the City, and provided tutes an emergency measure provid- shall take effect and be in force further that the City agrees to pay ing for the usual daily operation of immediately upon its passage and or cause to be paid the cost of the a municipal department; now, there- approval by the Mayor; otherwise it construction and of preliminary and fore shall take effect and be in force design engineering, but the City Be it ordained by the Council of from and after the earliest period shall not be responsible for the cost the City of Cleveland: allowed by law. of supervision of the additional con- Section 1. That Section 13 of Ordi- Passed December 15, 2003. struction. nance No. 1655-99, passed November Effective December 22, 2003. 2883 54 The City Record December 24, 2003

Ord. No. 2337-03. By Council Members Sweeney and Jackson (by departmental request). An emergency ordinance authorizing the Director of Public Service to make alterations and modifications in Contract No. 60592, for construction of the new apparatus addition at Fire Station #39 and alterations to existing building, with Schirmer Construction Co., for the Department of Public Service. 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 Public Service is authorized to make the following alterations and modifications in contract No. 60592 with Schirmer Construction Co. for construction of the new apparatus addition at Fire Station #39 and alterations to existing building, for the Department of Public Service:

Subsidiary Additions Unsuitable Sub-grade soil: The area from column line 1 to the western perimeter of the existing basement (Col- umn 3 line) was observed to contain organic material, conduits, a cistern, and unsuitable compacted backfill mate- rial. The cost to remove, dispose, purchase, place, and compact is as listed below.

Labor: Foreman: 72 hrs @ $40.37 = $ 2,906.64 Operator: 72 hrs @ $47.20 = $ 3,398.40 Superintendent: 72 hrs @ $50.00 = $ 3,600.00

Material: Clay directly under footer column line A – Concrete backfill used. Concrete: 15 cy @ $57.50/cy $ 862.50 No. 8 Gravel: 824 tons x $12.50/ton $ 10,300.00 No. 304 limestone: 145 tons x $12.50/ton $ 1,812.50

Equipment: Cat 320 hydraulic excavator: 72 hours @ $60/hr= $ 4,320.00 Bob Cat 773 72 hours @ $31/hr= $ 2,232.00 Dual Drum Vibratory Roller 40 hours @ $40/hr = $ 1,600.00 Mini-Excavator 331 36 hours @ $40/hr $ 1,440.00 Plate Tamper 48 hours @ $15/hr $ 720.00

Trucking: Semi’s 3 trucks x 3 days x 8 hrs/day x $68/hr $ 4,896.00 (MBE Firm – Granger Trucking)

Dump Fees: Harvard Refuse: 969 tons x 1 cy/1.5 tons = 646 cy x $6.50/cy $ 4,199.00

Total Unsuitable Sub-grade Soil $ 41,567.04

Waterline: With the actual location and size of the existing waterline not as indicated on the drawings, it was necessary to excavate to Lorain Avenue to locate where the waterline diameter had been reduced and to re-locate the line from not being directly under the proposed concrete foundations.

Labor: Labor Foreman: 18 hrs @ $40.37 = $ 726.66 Labor: 18 hrs @ $39.87 $ 717.66 Operator: 18 hrs @ $47.20 = $ 849.60 Plumber: 14 hrs @ $60/hr $ 840.00 (MBE – Liberty Enterprise) Superintendent: 18 hrs @ $50.00 = $ 900.00

Material: 1 1/2” Type K Copper Line: 100 lf @ $1.00/lf $ 100.00 Brass Compression Fittings: 8 ea @ $15/ea $ 120.00 Values 2 ea @ $75/ea $ 150.00 No. 8 limestone, 150 tons @ $12.50 $ 1,875.00 (MBE – Liberty Enterprise and Granger Trucking) 2884 December 24, 2003 The City Record 55

Equipment: Cat 320 hydraulic excavator 4 hours @ $60/hr = $ 240.00 Bob Cat 773 12 hours @ $31/hr = $ 372.00 331 Mini-excavator, 16 hours @ $31/hr $ 496.00 Dual Drum Vibratory Roller 4 hours @ $25/hr $ 100.00

Total Water-Line $ 7,486.92

Total Subsidiary Additions $ 49,053.96

Original Contract Amount $ 1,547,000.00 Total Subsidiary Additions + 49,053.96 Revised Contract Amount $ 1,596,053.96 which alteration has been recommended in writing by the Director of Public Service, countersigned by the Mayor, and consented to by the surety on the contract, which price to be paid has been agreed on in writing and signed by the Director of Public Service and the Contractor. This alteration will cause an increase in the amount of the original contract in the sum of $49,053.96, payable from Fund Nos. 20 SF 331, 20 SF 340, 20 SF 362, and 20 SF 371. 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 December 15, 2003. Effective December 22, 2003.

Ord. No. 2338-03. designation of Tremont School as a Whereas, the Cleveland Land- By Council Members Sweeney and landmark; and marks Commission (the “Commis- Jackson (by departmental request). Whereas, a public hearing pur- sion”) pursuant to Chapter 161 of An emergency ordinance to amend suant to Chapter 161.04 (b)(2) was the Codified Ordinances of Cleve- Section 1 of Ordinance No. 1245-92, held on November 13, 2003 to discuss land, Ohio, 1976, has proposed the passed June 15, 1992, relating to a the proposed designation of Tremont designation of Stanard School as a cause payment of the City of Cleve- School as a landmark; and landmark; and land’s share to the State of Ohio for Whereas, the Commission has rec- Whereas, a public hearing pur- the cost of rehabilitating and recon- ommended designation of Tremont suant to Chapter 161.04 (b)(2) was structing the W 44th Street Bridge. School as a landmark and has set held on November 13, 2003 to discuss Whereas, this ordinance consti- forth certain findings of fact con- the proposed designation of Stanard tutes an emergency measure provid- stituting the basis for its decision; School as a landmark; and ing for the usual daily operation of and Whereas, the Commission has rec- a municipal department; now, there- Whereas, this ordinance consti- ommended designation of Stanard fore tutes an emergency measure provid- School as a landmark and has set Be it ordained by the Council of ing for the immediate preservation forth certain findings of fact con- the City of Cleveland: of the public peace, property, health, Section 1. That Section 1 of Ordi- and safety in that the immediate stituting the basis for its decision; nance No. 1245-92, passed June 15, protection of the historic landmark and 1992, is amended to read as follows: is necessary to safeguard the spe- Whereas, this ordinance consti- Section 1. That this Council autho- cial historical, community, or aes- tutes an emergency measure provid- rizes payment to the State of Ohio thetic interest or value in the land- ing for the immediate preservation of the City’s share of the cost of the mark; now therefore of the public peace, property, health, rehabilitation and reconstruction of Be it ordained by the Council of and safety in that the immediate the West 44th Street Bridge over the City of Cleveland: protection of the historic landmark Greater Cleveland Regional Transit Section 1. That Tremont School, is necessary to safeguard the spe- Authority and Norfolk and Western whose street address in the City of cial historical, community, or aes- Railway Company from Fund Nos. Cleveland is 2409 West 10th Street, thetic interest or value in the land- 20 SF 181, 20 SF 190, 20 SF 302, 20 S. W., also known as Cuyahoga mark; now therefore SF 364, 20 SF 373, 20 SF 380, 20 SF County Auditor’s permanent parcel Be it ordained by the Council of 383, and 20 SF 394, Request Nos. number 004-14-001 and the land the City of Cleveland: 14320 and 138360. embracing the site thereof, which in Section 1. That Stanard School, Section 2. That existing Section 1 its entirety is a property having spe- whose street address in the City of of Ordinance No. 1245-92, passed cial character or special historical Cleveland is 5360 Stanard Avenue, N. June 15, 1992, is repealed. or aesthetic value as part of the E., also known as Cuyahoga County Section 2. That this ordinance is development, heritage, or cultural Auditor’s permanent parcel number declared to be an emergency mea- characteristics of the City, State, or 104-11-074 and the land embracing sure and, provided it receives the the United States, be and it hereby the site thereof, which in its entire- affirmative vote of two-thirds of all is designated a landmark pursuant ty is a property having special char- the members elected to Council, it to Chapter 161 of the Codified Ordi- acter or special historical or aes- shall take effect and be in force nances of Cleveland, Ohio, 1976. thetic value as part of the develop- immediately upon its passage and Section 2. That this ordinance is ment, heritage, or cultural charac- approval by the Mayor; otherwise it hereby declared to be an emergency teristics of the City, State, or the shall take effect and be in force measure, and provided it receives United States, be and it hereby is from and after the earliest period the affirmative vote of two-thirds of allowed by law. all the members elected to Council, designated a landmark pursuant to Passed December 15, 2003. it shall take effect and be in force Chapter 161 of the Codified Ordi- Effective December 22, 2003. immediately upon its passage and nances of Cleveland, Ohio, 1976. approval by the Mayor; otherwise, it Section 2. That this ordinance is shall take effect and be in force hereby declared to be an emergency from and after the earliest period measure, and provided it receives Ord. No. 2364-03. allowed by law. the affirmative vote of two-thirds of By Council Member Cimperman. Passed December 15, 2003. all the members elected to Council, An emergency ordinance desig- Effective December 22, 2003. it shall take effect and be in force nating Tremont School as a Cleve- immediately upon its passage and land landmark. approval by the Mayor; otherwise, it Whereas, the Cleveland Land- Ord. No. 2365-03. shall take effect and be in force marks Commission (the “Commis- By Council Member Cimperman. from and after the earliest period sion”) pursuant to Chapter 161 of An emergency ordinance desig- allowed by law. the Codified Ordinances of Cleve- nating Stanard School as Cleveland Passed December 15, 2003. land, Ohio, 1976, has proposed the Landmark. Effective December 15, 2003. 2885 56 The City Record December 24, 2003

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

Claimant Claim No. Amount Division Fund

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

Grady Walker 11607 $ 250.00 Park Maintenance 01-701205-672000 Dale P. Horn 11619 255.00 Park Maintenance 01-701205-672000 David Gabouky 11622 500.00 Park Maintenance 01-701205-672000 Shirley Dickson 1162538.33 Park Maintenance 01-701205-672000 Shaoshen Dong 11628 369.95Park Maintenance 01-701205-672000 Susan G. Khader 11652 426.60 Park Maintenance 01-701205-672000 Lawrence Doctor, Jr. 11688 500.00 Park Maintenance 01-701205-672000 Rhonda Savage 11703 250.00 Park Maintenance 01-701205-672000

Rachel Williams (Parent) Of Minor Child Devin Williams 11613 $ 50.00 Parks and Recreation 01-700404-672000

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

Crystal Ballard 11641 $ 500.00 Fire 01-600302-672000

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

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

Elizabeth Daniels-Horton 11531 $ 20.00 Streets 01-400609-672000

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

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

Section 2. That the authority of the Director of Finance to pay the amounts in this ordinance is conditioned on a City-approved written acceptance by the claimant of the City’s offer to pay this claim within six months from the effective date of this ordinance. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed December 15, 2003. Effective December 22, 2003. 2886 December 24, 2003 The City Record 57

Ord. No. 2396-03. The cost of the contracts shall be necessary items of equipment and By Council Members Britt and paid from the fund or funds which supplies necessary to implement the Jackson (by departmental request). are credited the proceeds of the program as described in the file, to An emergency ordinance authoriz- grant accepted under this ordinance. be purchased by the Commissioner ing the Director of Public Health to Section 5. That this ordinance is of Purchases and Supplies on a unit enter into one or more contracts declared to be an emergency mea- basis for the Department of Public with the Northeast Ohio African sure and, provided it receives the Health. Bids shall be taken in a American Health Network to pro- affirmative vote of two-thirds of all manner that permits an award to be vide HIV-prevention education to the members elected to Council, it made for all items as a single con- HIV-positive populations in the City shall take effect and be in force tract, or by separate contract for of Cleveland. immediately upon its passage and each or any combination of the Whereas, this ordinance consti- approval by the Mayor; otherwise it items as the Board of Control deter- tutes an emergency measure provid- shall take effect and be in force mines. Alternate bids for a period ing for the usual daily operation of from and after the earliest period less than the grant term may be a municipal department; now, there- allowed by law. taken if desired by the Commis- fore Passed December 15, 2003. sioner of Purchases and Supplies Be it ordained by the Council of Effective December 22, 2003. until provision is made for the the City of Cleveland: requirements for the entire grant Section 1. That the Director of term. Public Health is authorized to enter Section 7. That the costs of the into one or more contracts with the Ord. No. 2398-03. contract or contracts shall paid from Northeast Ohio African American By Council Members Britt and the fund or funds which are credit- Health Network to provide HIV-pre- Jackson (by departmental request). ed the grant proceeds accepted vention education to HIV-positive An emergency ordinance authoriz- under this ordinance, the revolving populations in the City of Cleveland. ing the Director of Public Health to fund identified in Section 5 of this Section 2. That the contract or apply for and accept a grant from ordinance, and shall also be charged contracts shall not exceed $22,400 Ohio Department of Health for the against the proper appropriation and shall be paid from Fund No. 01- Women’s Health Services Program; accounts. The Director of Finance 500501-638000, Request No. 121978. authorizing the director to charge shall certify the amount of the ini- Section 3. That this ordinance is and accept fees for this program; tial purchase, which purchase, declared to be an emergency mea- and to enter into one or more con- together with all later purchases, sure and, provided it receives the tracts to implement the program. shall be made on order of the Com- affirmative vote of two-thirds of all Whereas, this ordinance consti- missioner of Purchases and Supplies the members elected to Council, it tutes an emergency measure provid- under a requisition against the con- shall take effect and be in force ing for the usual daily operation of tract or contracts certified by the immediately upon its passage and a municipal department; now, there- Director of Finance. approval by the Mayor; otherwise it fore, Section 8. That this ordinance is shall take effect and be in force Be it ordained by the Council of declared to be an emergency mea- from and after the earliest period the City of Cleveland: sure and, provided it receives the allowed by law. Section 1. That the Director of affirmative vote of two-thirds of all Passed December 15, 2003. Public Health is authorized to apply the members elected to Council, it Effective December 22, 2003. for and accept a grant in the shall take effect and be in force approximate amount of $150,000 and immediately upon its passage and any other funds that may become approval by the Mayor; otherwise it available during the grant term, shall take effect and be in force Ord. No. 2397-03. from Ohio Department of Health to from and after the earliest period By Council Members Britt and conduct the Women’s Health Ser- allowed by law. Jackson (by departmental request). vices Program; that the Director is Passed December 15, 2003. An emergency ordinance authoriz- authorized to file all papers and Effective December 22, 2003. ing the Director of Public Health to execute all documents necessary to apply for and accept a grant from receive the funds under the grant; Kaiser Permanente of Ohio for the and that the funds are appropriated Worksite Wellness, Steps to a for the purposes set forth in the Ord. No. 2399-03. Healthier Cleveland Program; and summary for the grant contained in By Council Members Britt and to enter into one or more agree- the file described below. Jackson (by departmental request). ments with various agencies to Section 2. That the summary for An emergency ordinance authoriz- implement the program. the grant, File No. 2398-03-A, made a ing the Director of Public Health to Whereas, this ordinance consti- part of this ordinance as if fully re- lease space at the Mural Building, tutes an emergency measure provid- written, is approved in all respects. located at 1925 St. Clair Avenue, and ing for the usual daily operation of Section 3. That the Director of associated parking lots, from Mural a municipal department; now, there- Public Health shall have the author- Properties Company, or its designee, fore, ity to extend the term of the grant for the purpose of providing office Be it ordained by the Council of during the grant term. and administrative space for the the City of Cleveland: Section 4. That the Director of Department of Public Health, for a Section 1. That the Director of Public Health is authorized to enter period up to two years. Public Health is authorized to apply into one or more contracts with the Whereas, the City of Cleveland for and accept a grant in the following entities necessary to requires certain space located in the approximate amount of $40,000 and implement the program as described Mural Building, 1925 St. Clair Ave- any other funds that may become in the file: the Cuyahoga County nue, and associated parking lots, for available during the grant term, Board of Health, the Federation for the public purpose of providing from Kaiser Permanente of Ohio to Community Planning, Case Western office and administrative space for conduct the Worksite Wellness, Reserve University, MetroHealth the Department of Public Health; Steps to a Healthier Cleveland Pro- Medical Center, and other safety-net and gram; that the Director is autho- health providers, including but not Whereas, this ordinance consti- rized to file all papers and execute limited to, the Federally Qualified tutes an emergency measure provid- all documents necessary to receive Health Center, and the Northeast ing for the usual daily operation of the funds under the grant; and that Ohio Neighborhood Services, Inc. a municipal department; now, there- the funds are appropriated for the Section 5. That the Director of fore, purposes set forth in the summary Public Health is authorized to Be it ordained by the Council of for the grant contained in the file charge and accept fees from partic- the City of Cleveland: described below. ipants of this program and to Section 1. That notwithstanding Section 2. That the summary for deposit those fees into a revolving and as an exception to the provi- the grant, File No. 2397-03-A, made a fund which will be used to purchase sions of Chapters 181 and 183 of the part of this ordinance as if fully materials and supplies necessary to Codified Ordinances of Cleveland, rewritten, is approved in all respects. implement the program described in Ohio, 1976, the Director of Public Section 3. That the Director of the file, and the funds are appro- Health is authorized to lease from Public Health shall have the author- priated for that purpose. Mural Properties Company, or its de- ity to extend the term of the grant Section 6. That the Director of signee, approximately 26,000 square during the grant term. Public Health is authorized to make feet of space located on two stories Section 4. That the Director of one or more written requirement and in the basement of the Mural Public Health is authorized to enter contracts under the Charter and the Building, 1925 St. Clair, and two (2) into one or more contracts with var- Codified Ordinances of Cleveland, surrounding parking lots. ious entities necessary to implement Ohio, 1976, for the requirements for Section 2. That the term of the the program as described in the file. the period of the grant term of the lease shall be for a period up to two 2887 58 The City Record December 24, 2003 years, commencing January 1, 2004, declared to be an emergency mea- Whereas, under Ordinance No. cancelable on thirty days written sure and, provided it receives the 1576-02, passed August 14, 2002, the notice by the Director of Public affirmative vote of two-thirds of all Directors of Community Develop- Health. the members elected to Council, it ment and Consumer Affairs entered Section 3. That in consideration shall take effect and be in force into Contract No. 60422 with Hous- for the leasing of the premises immediately upon its passage and ing Advocates, Inc. to provide anti- described above by Lessor, Lessee approval by the Mayor; otherwise it predatory counseling services to covenants and agrees to pay to shall take effect and be in force City residents; and Lessor as rent for the premises dur- from and after the earliest period Whereas, additional services are ing the period of this lease the sum allowed by law. desired; and of $18,200 per month, due and Passed December 15, 2003. Whereas, this ordinance consti- payable on the first day of each Effective December 22, 2003. tutes an emergency measure provid- month. ing for the usual daily operation of Section 4. That the lease may a municipal department; now, there- authorize the City to make improve- fore, ments to the leased premises under Ord. No. 2402-03. Be it ordained by the Council of terms to be determined by the par- By Council Members Gordon and the City of Cleveland: ties consistent with the public pur- Jackson (by departmental request). Section 1. That the Directors of pose of providing office and admin- An emergency ordinance authoriz- Community Development and Con- istrative space to the Department of ing the Director of Community sumer Affairs are authorized to Public Health. Development to employ one or more amend Contract No. 60422 with Section 5. That the lease may pro- professional consultants to design a Housing Advocates, Inc. to provide vide for the City’s payment of appro- software upgrade for Phase 3 of the additional anti-predatory counseling priate utility and other operating HUD data geocoding project. services to City residents and to costs of the leased premises. increase the amount of the contract Section 6. That the costs of the Whereas, this ordinance consti- lease shall be paid from the fund or tutes an emergency measure provid- by $50,000. The increase shall be funds appropriated for this purpose, ing for the usual daily operation of paid from Fund No. 14 SF 029, Re- Request No. 143220. a municipal department; now, there- quest No. 125753. Section 7. That the lease shall be fore, Section 2. That this ordinance is prepared by the Director of Law and Be it ordained by the Council of declared to be an emergency mea- shall contain terms and conditions the City of Cleveland: sure and, provided it receives the that the Director of Law deems nec- Section 1. That the Director of affirmative vote of two-thirds of all essary to protect and benefit the Community Development is autho- the members elected to Council, it public interest. rized to employ by contract or con- shall take effect and be in force Section 8. That the Director of tracts one or more consultants or immediately upon its passage and Public Health, the Director of Law, one or more firms of consultants for approval by the Mayor; otherwise it and other appropriate City officials, the purpose of supplementing the shall take effect and be in force are authorized to execute other doc- regularly employed staff of the sev- from and after the earliest period uments and certificates, and take eral departments of the City of allowed by law. other actions necessary or appropri- Cleveland in order to provide pro- Passed December 15, 2003. ate to effect the lease authorized by fessional services necessary to de- Effective December 22, 2003. this ordinance. sign a software upgrade for Phase Section 9. That this ordinance is 3 of the HUD data geocoding pro- declared to be an emergency mea- ject. sure and, provided it receives the The selection of the consultants Ord. No. 2406-03. affirmative vote of two-thirds of all for the services shall be made by By Council Members Gordon and the members elected to Council, it the Board of Control on the nomi- Jackson (by departmental request). shall take effect and be in force nation of the Director of Communi- An emergency ordinance authoriz- immediately upon its passage and ty Development from a list of qual- ing the Director of Economic Devel- approval by the Mayor; otherwise it ified consultants available for em- opment to enter into one or more shall take effect and be in force ployment as may be determined contracts with Deloitte & Touche from and after the earliest period after a full and complete canvass by LLP to provide continuing services allowed by law. the Director of Community Develop- relating to the Empowerment Zone’s Passed December 15, 2003. ment for the purpose of compiling a review and analysis. Effective December 22, 2003. list. The compensation to be paid for Whereas, this ordinance consti- the services shall be fixed by the tutes an emergency measure provid- Board of Control. The contract or ing for the usual daily operation of contracts authorized shall be pre- a municipal department; now, there- Ord. No. 2401-03. pared by the Director of Law, ap- fore By Council Members Gordon and proved by the Director of Communi- Be it ordained by the Council of Jackson (by departmental request). ty Development, and certified by the the City of Cleveland: An emergency ordinance authoriz- Director of Finance. Section 1. That the Director of ing the purchase by one or more Section 2. That the cost of the con- Economic Development is autho- contracts of computer hardware, ap- tract or contracts shall be paid from rized to enter into one or more con- purtenances, and furniture, for the Fund Nos. 11 SF 006 and 14 SF 029, tracts with Deloitte & Touche LLP Department of Community Develop- Request No. 125749. for professional services necessary ment. Section 3. That this ordinance is to provide continuing services relat- Whereas, this ordinance consti- declared to be an emergency mea- ing to the Empowerment Zone’s tutes an emergency measure provid- sure and, provided it receives the review and analysis, including but ing for the usual daily operation of affirmative vote of two-thirds of all not limited to data integrity, con- a municipal department; now, there- the members elected to Council, it fore, tract review and compliance, risk shall take effect and be in force Be it ordained by the Council of mitigation, and financial model the City of Cleveland: immediately upon its passage and training, on the basis of its propos- Section 1. That the Director of approval by the Mayor; otherwise it al dated September 5, 2003, in the Community Development is autho- shall take effect and be in force total sum of $80,000, for the Depart- rized to make one or more written from and after the earliest period ment of Economic Development. The contracts under the Charter and the allowed by law. contracts or contracts shall be paid Codified Ordinances of Cleveland, Passed December 15, 2003. from Fund No. 18 SF 008, Request Ohio, 1976, for each or all of the fol- Effective December 22, 2003. No. 123538. lowing items: computer hardware, Section 2. That this ordinance is appurtenances, and furniture, to be declared to be an emergency mea- purchased by the Commissioner of sure and, provided it receives the Purchases and Supplies on a unit Ord. No. 2403-03. affirmative vote of two-thirds of all basis, for Department of Community By Council Members Gordon and the members elected to Council, it Development. Jackson (by departmental request). shall take effect and be in force Section 2. That the cost of the con- An emergency ordinance authoriz- immediately upon its passage and tract or contracts authorized shall ing the Directors of Community approval by the Mayor; otherwise it be paid from Fund Nos. 11 SF 006 Development and Consumer Affairs shall take effect and be in force and 14 SF 029, and shall be award- to amend Contract No. 60422 with from and after the earliest period ed no later than December 31, 2004. Housing Advocates, Inc. to provide allowed by law. (Request No. 125749) additional anti-predatory counseling Passed December 15, 2003. Section 3. That this ordinance is services to City residents. Effective December 22, 2003. 2888 December 24, 2003 The City Record 59

Ord. No. 2441-03. By Council Members Coats and Jackson (by departmental request). An emergency ordinance authorizing the Director of Public Utilities to make alterations and modifications in Contract 58892 for the Morgan Filter-Administration Building Modifications project 359 with EnviroCom Construction Inc., for the Department of Public Utilities. 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 Public Utilities is authorized to make the following alterations and modifications in Contract 58892 with EnviroCom Construction Inc. for the Morgan Filter-Administration Building Modifications project 359, for the Department of Public Utilities:

Morgan Filter-Administration Building Modifications project 359 Subsidiary Agreement Contract No. 58892

Additions

1. Change Order #11, Relocation of laboratory utility piping and electrical $15,511.00 2. Change Order #12, Architectural modifications to accommodate HVAC revisions $28,953.00 3. Contingency. Required to fund future unforeseen conditions and project close-out $ 5,536.00 TOTAL SUBSIDIARY ADDITIONS $50,000.00

Original Contract Amount $2,878,000.00 Total Subsidiary Additions $ 50,000.00 REVISED CONTRACT AMOUNT $2,928,000.00 which alteration has been recommended in writing by the Director of Public Utilities, countersigned by the Mayor, and consented to by the surety on the contract, which price to be paid has been agreed upon in writing and signed by the Director of Public Utilities and the contractor. This alteration will cause an increase in the amount of the original contract in the sum of $50,000.00 to be paid from Fund Nos. 52 SF 001, 52 SF 223, and 52 SF 225. 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 December 15, 2003. Effective December 22, 2003.

Ord. No. 2442-03. if the extension does not involve an essary to implement the program, to By Council Members Reed and increase in the dollar amount of the be procured by the Commissioner of Jackson (by departmental request). grant specified above. Purchases and Supplies on a unit An emergency ordinance authoriz- Section 4. That notwithstanding basis. ing the Director of Public Safety to and as an exception to the provi- Section 6. That the Director of apply for and accept a grant from sions of Chapters 181 and 183 of the Public Safety is authorized to enter the Ohio Department of Youth Ser- Codified Ordinances of Cleveland, into one or more contracts with a vices for the 2004 Juvenile Account- Ohio, 1976, the Director of Public Partnership for a Safer Cleveland to ability Incentive Block Grant Pro- Safety is authorized to lease office implement the program as described gram; and to enter into contracts to space to implement the grant. The in the application. implement the Program. term of the lease shall not exceed Section 7. That the costs for the Whereas, this ordinance consti- the grant period and shall be in an contracts authorized by this ordi- tutes an emergency measure provid- aggregate estimated annual amount nance shall be paid from the fund ing for the usual daily operation of of $25,000.00. or funds to which are credited the a municipal department; now, there- That the lease or leases may proceeds of the grant accepted pur- fore authorize the City to make suant to this ordinance and from Be it ordained by the Council of improvements to the leased premis- cash matching funds identified in the City of Cleveland: es under terms to be determined by this ordinance and appropriated for Section 1. That the Director of the parties consistent with the pur- this purpose. Public Safety is authorized to apply poses of the grant. That the lease Section 8. That this ordinance is for and accept a grant in the or leases may provide for the City’s declared to be an emergency mea- amount of $397,324, from the Ohio payment of appropriate utility and sure and, provided it receives the Department of Youth Services, to other operating costs of the leased affirmative vote of two-thirds of all conduct the 2004 Juvenile Account- premises. the members elected to Council, it ability Incentive Block Grant Pro- That the lease or leases shall be shall take effect and be in force gram, for the purposes in the appli- prepared by the Director of Law and immediately upon its passage and cation; that the Director of Public shall contain any authorized terms approval by the Mayor; otherwise it Safety is authorized to file all and conditions that are required to shall take effect and be in force papers and execute all documents protect the interests of the City. from and after the earliest period necessary to receive the funds under That the Director of Public Safe- allowed by law. the grant; and the funds are appro- ty, the Director of Law, and other Passed December 15, 2003. priated for the purposes in the appli- appropriate City officials, are autho- Effective December 22, 2003. cation for the grant. rized to execute other documents Section 2. That the application for and certificates, and take other the grant, File No. 2442-03-A, made a actions necessary or appropriate to part as if fully rewritten, including effect the lease or leases authorized Ord. No. 2450-03. the obligation of the City of Cleve- by this ordinance. By Council Members Britt and land to provide cash matching funds Section 5. That the Director of Jackson. in the sum of $44,147, payable from Public Safety is authorized to make An emergency ordinance authoriz- Fund No. 01-600201-639905, is ap- one or more written contracts under ing the Director of Aging to apply proved in all respects. the Charter and the Codified Ordi- for and accept a grant from the Section 3. That the Director of nances of Cleveland, Ohio, 1976, for Western Reserve Area Agency on Public Safety shall have the author- the lease of up to six (6) vehicles Aging for the 2004 Western Reserve ity to extend the term of the grant and for the lease of equipment nec- Area Agency on Aging Program. 2889 60 The City Record December 24, 2003

Whereas, this ordinance consti- declared to be an emergency mea- exchange program between Cleve- tutes an emergency measure provid- sure and, provided it receives the land Municipal Court and the Cleve- ing for the usual daily operation of affirmative vote of two-thirds of all land Municipal School District. a municipal department; now, there- the members elected to Council, it Section 3. That this ordinance is fore shall take effect and be in force declared to be an emergency mea- Be it ordained by the Council of immediately upon its passage and sure and, provided it receives the the City of Cleveland: approval by the Mayor; otherwise it affirmative vote of two-thirds of all Section 1. That the Director of shall take effect and be in force the members elected to Council, it Aging is authorized to apply for and from and after the earliest period shall take effect and be in force accept a grant in the approximate allowed by law. immediately upon its passage and amount of $114,000, and any other Passed December 15, 2003. approval by the Mayor; otherwise it funds that may become available Effective December 22, 2003. shall take effect and be in force during the grant term from the from and after the earliest period Western Reserve Area Agency on allowed by law. Aging to conduct the 2004 Western Passed December 15, 2003. Reserve Area Agency on Aging Pro- Ord. No. 2452-03. Effective December 22, 2003. gram; that the Director is autho- By Council Member Jackson (by rized to file all papers and execute departmental request). all documents necessary to receive An emergency ordinance authoriz- the funds under the grant; and that ing the Director of Finance, on Ord. No. 2453-03. the funds are appropriated for the behalf of the Cleveland Municipal By Council Members Gordon and purposes set forth in the draft con- Court, to enter into contract with O’Malley. tract for the grant contained in the the Cuyahoga County Public Defend- An emergency ordinance authoriz- file described below. er Commission for legal services ing the Director of Community Section 2. That the draft contract necessary to defend indigents Development to enter into a grant for the grant, File No. 2450-03-A, charged with violation of ordinances agreement with Neigh- made a part of this ordinance as if of the City of Cleveland provided borhood Services, Inc. for providing fully rewritten, is approved in all such violation may result in incar- their Old Brooklyn Residential Safe- respects. ceration, for the Cleveland Munici- ty & Health program in order to Section 3. That this ordinance is pal Court for a period of one year. carry out the public purpose of pro- declared to be an emergency mea- Whereas, in Argersinger v. Ham- viding educational programming to sure and, provided it receives the lin and Scott v. Illinois, the United the residents of the City of Cleve- affirmative vote of two-thirds of all States Supreme Court held that no land through the use of Wards 15, the members elected to Council, it indigent criminal defendant may be 16 Neighborhood Equity Funds. shall take effect and be in force sentenced to a term of imprisonment Whereas, this ordinance consti- immediately upon its passage and unless he has been afforded the tutes an emergency measure provid- approval by the Mayor; otherwise it right to assistance of appointed ing for the usual daily operation of shall take effect and be in force counsel in his defense; and a municipal department; now, there- from and after the earliest period Whereas, the City of Cleveland, fore allowed by law. through the Cleveland Municipal Be it ordained by the Council of Passed December 15, 2003. Court, is obligated to provide an the City of Cleveland: Effective December 22, 2003. indigent defendant appointed coun- Section 1. That the Director of sel in order to permit the imposition Community Development is autho- of a sentence including a term of rized to enter into a grant agree- imprisonment; and ment with Old Brooklyn Neighbor- Ord. No. 2451-03. Whereas, under Section 120.14 of hood Services, Inc. for providing By Council Members Reed and the Revised Code, a county commis- their Old Brooklyn Residential Safe- Jackson (by departmental request). sion which has organized a county ty & Health program in order to An emergency ordinance authoriz- public defender commission may carry out the public purpose of pro- ing the Director of Public Safety to contract with any municipal corpo- viding educational programming to enter into one or more contracts ration within the County served by the residents of the City of Cleve- without competitive bidding with the county public defender to pro- land through the use of Wards 15, International Business Machines vide legal representation on behalf 16 Neighborhood Equity Funds. Corporation for the purchase of of the municipal corporation; and Section 2. That the cost of said maintenance and support of two Whereas, it is the recommendation contract shall be in an amount not AS400 servers and various other of the Cleveland Municipal Court, to exceed $55,609.40 and shall be peripherals, for the Division of the district of which encompasses paid from Fund No. 10 SF 166. Police, Department of Public Safety, Bratenahl and the City of Cleveland, Section 3. That the Director of for a period of one year with two that indigent defense should be pro- Law shall prepare and approve said options to renew for additional one- vided by the Cuyahoga County Pub- contract and that the contract shall year terms. lic Defender Commission; and contain such terms and provisions Whereas, this ordinance consti- Whereas, this ordinance consti- as he deems necessary to protect the tutes an emergency measure provid- tutes an emergency measure provid- City’s interest. ing for the usual daily operation of ing for the usual daily operation of Section 4. That this ordinance is a municipal department; now, there- a municipal department; now, there- hereby declared to be an emergency fore fore measure and, provided it receives Be it ordained by the Council of Be it ordained by the Council of the affirmative vote of two-thirds of the City of Cleveland: the City of Cleveland: all the members elected to Council, Section 1. That this Council has Section 1. That the Director of it shall take effect and be in force determined that the within com- Finance, on behalf of the Cleveland immediately upon its passage and modities are non-competitive and Municipal Court, is authorized to approval by the Mayor; otherwise it cannot be secured from any source enter into contract with the Cuya- shall take effect and be in force other than International Business hoga County Public Defender Com- from and after the earliest period Machines Corporation. Therefore the mission for legal services necessary allowed by law. Director of Public Safety is autho- to defend indigents charged with Passed December 15, 2003. rized to make one or more written violation of ordinances of the City Effective December 22, 2003. contracts with International Busi- of Cleveland, provided the violation ness Machines Corporation on the may result in incarceration, for a basis of its proposal dated October period of one year beginning Janu- 9, 2003, for maintenance and support ary 1, 2004, at an estimated cost of Ord. No. 2454-03. of two AS400 servers and various $1,400,000, payable from the fund or By Council Member Jackson. other peripherals, to be purchased funds appropriated for this purpose An emergency ordinance to amend by the Commissioner of Purchases in budget year 2004, Request No. Section 115.03 of the Codified Ordi- and Supplies, for the Division of 128265. nances of Cleveland, Ohio, 1976, as Police, Department of Public Safety. Section 2. That two percent (2%) amended by Ordinance No. 2158-95, Section 2. That the cost of the con- of any payment received by the City passed November 27, 1995, relating tract or contracts authorized shall and/or Cleveland Municipal Court to distribution of the City Record. be paid from Fund No. 11 SF 006, from the financing of defense coun- Whereas, Section 75 of the Char- Request No. 121727. sel for indigent persons shall be uti- ter of the City of Cleveland requires Section 3. That this ordinance is lized by participants in a court the City to publish weekly a City 2890 December 24, 2003 The City Record 61

Record containing the transactions Be it ordained by the Council of tion of the City Record including and proceedings of the Council, the the City of Cleveland: online accessibility of the City legal advertising of the City, and Section 1. That Section 115.03 of Record. such other information relating to the Codified Ordinances of Cleve- Section 2. That existing Section the affairs of the City as shall be land, Ohio, 1976, as amended by 115.03 of the Codified Ordinances of determined by ordinance; and Ordinance No. 2158-95, passed Cleveland, Ohio, 1976, as enacted by Whereas, Section 75 of the Char- November 27, 1995, is hereby amend- Ordinance No. 2158-95, passed No- ter of the City of Cleveland also ed to read as follows: vember 27, 1995, is hereby repealed. states that the City Record shall be Section 3. That this ordinance is published, distributed, and sold in Section 115.03 Distribution of the hereby declared to be an emergency such manner and on such terms as City Record measure and, provided it receives the Council may determine; and The Clerk of Council shall publish the affirmative vote of two-thirds of Whereas, the City Record is now the City Record weekly and cause all the members elected to Council, available online; and the City Record to be available it shall take effect and be in force Whereas, the online accessibility online from ’s immediately upon its passage and of the City Record has resulted in website. The Clerk of Council shall approval by the Mayor; otherwise it decreased interest in City Record also provide copies for free distrib- shall take effect and be in force subscriptions; and ution of the City Record at the from and after the earliest period Whereas, there are not enough Clerk’s Office in City Hall, at Cleve- allowed by law. potential subscribers to the City land Public Libraries, and at such Passed December 15, 2003. Record for City Council to continue other places as the Clerk of Council Effective December 22, 2003. to offer City Record subscriptions; may from time to time determine. and The quantities provided for free dis- Whereas, this ordinance consti- tribution are subject to the discre- COUNCIL COMMITTEE tutes an emergency measure provid- tion of the Clerk of Council. ing for the usual daily operation of The Clerk of Council is authorized MEETINGS a municipal department; now, there- to enter into contacts as may be nec- fore essary to ensure the timely publica- NO MEETINGS

Index

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

Aging Department

Western Reserve Area Agency on Aging Program, 2004 — grant — Western Reserve Area Agency on Aging (O 2450-03) ...... 2889

AIDS

Northeast Ohio African American Health Network — contracts — HIV-prevention education (O 2396-03)...... 2887

Appropriations

Memphis Ave., 4103 — appropriate property — construct a recreational play field (O 2236-03)...... 2867

Board of Building Standards and Building Appeals

Denison Avenue, 3219, (Ward 14) – James McVean, owner — appeal adopted on 12/17/03 (Doc. A-121-03) ...... 2836 East 70th Street, 3388, (Ward 12) – Beal Bank SSB, owner — appeal adopted on 12/17/03 (Doc. A-105-03) ...... 2836 East 87th Street, 1252, (Ward 7) – Kay Finney/ Kemish Mapango, owner — appeal postponed to 1/14/04 on 12/17/03 (Doc. A-123-03) ...... 2836 Euclid Avenue, 308, (Ward 13) – MRN Limited Partnership, owner — appeal resolved on 12/17/03 (Doc. A-129-03) ...... 2836 Huron Road, 840, (Ward 13) – Knights Center Corporation, owner — appeal postponed to 1/28/04 on 12/17/03 (Doc. A-117-03) ...... 2836 Kinsman Avenue, 15328, (Ward 3) – Clifford Sweeney, owner — appeal resolved on 12/17/03 (Doc. A-114-03) ...... 2836 Lakeside Avenue, 1440, (Ward 13) – Cleveland Municipal School District, owner — appeal adopted on 12/17/03 (Doc. A-122-03) ...... 2836 Wade Park Avenue, 8602, (Ward 7) – Preferred Builders of Solon, owner — appeal resolved on 12/17/03 (Doc. A-96-03) ...... 2836 West 130th Street, 4642, (a.k.a., 4638 & 4642 West 130th Street), (Ward 20) – Timothy R. Rowe, owner — appeal adopted on 12/17/03 (Doc. A-128-03) ...... 2836 West 44th Street, 2186, (Ward 17) – Agnes C. Lytle, owner — appeal adopted on 12/17/03 (Doc. A-124-03)...... 2836 West 48th Street, 1420, (Ward 14) – United Construction, owner — appeal adopted on 12/17/03 (Doc. A-126-03) ...... 2836 West 6th Street, 1266, (Ward 13) – Glenn D. Siegler, owner — appeal resolved on 12/17/03 (Doc. A-118-03) ...... 2836 Woodhill Road, 3000, (Ward 4) – Ricardo B. Teamor, owner — appeal postponed to 1/28/04 on 12/17/03 (Doc. A-108-03) ...... 2836 2891 62 The City Record December 24, 2003

Board of Control — Cleveland Public Power Division

Carpeting — per Ord. 2025-02 — all bids rejected — Dept. of Public Utilities (BOC Res. 741-03) ...... 2833

Board of Control — Community Development Department

East 116th Street (Ward 6) — PPN 128-09-026 — to Buckeye E and A limited Liability Corporation per Ord. 2154-03 (BOC Res. 742-03)...... 2834

Board of Control — Finance Department

Data and Voice Infrastructure network solution assessment, planning, design — contract per Ord. 2152-02 to SBC Global Services, Inc. (BOC Res. 743-03)...... 2834 Security guard services, unarmed and uniformed — contract per Ord. 888-03 to The Wackenhut Corporation — Dept. of Finance (BOC Res. 740-03) ...... 2833

Board of Control — Land Reutilization Program

East 116th Street (Ward 6) — PPN 128-09-026 — to Buckeye E and A limited Liability Corporation per Ord. 2154-03 (BOC Res. 742-03)...... 2834

Board of Control — Land Reutilization Program (Ward 6)

East 116th Street (Ward 6) — PPN 128-09-026 — to Buckeye E and A limited Liability Corporation per Ord. 2154-03 (BOC Res. 742-03)...... 2834

Board of Control — Professional Service Contracts

Data and Voice Infrastructure network solution assessment, planning, design — contract per Ord. 2152-02 to SBC Global Services, Inc. — Dept. of Finance (BOC Res. 743-03) ...... 2834

Board of Control — Public Utilities Department

Carpeting — per Ord. 2025-02 — all bids rejected — Division of Cleveland Public Power (BOC Res. 741-03) ...... 2833 Sewer test tee installation, inspection and repair — contract per C.O. Sec. 541.13 to Alfieri Brothers Material Supply, Inc. — Division of Water Pollution Control (BOC Res. 744-03) ...... 2834

Board of Control — Requirement Contracts

Security guard services, unarmed and uniformed — contract per Ord. 888-03 to The Wackenhut Corporation — Dept. of Finance (BOC Res. 740-03) ...... 2833 Sewer test tee installation, inspection and repair — contract per C.O. Sec. 541.13 to Alfieri Brothers Material Supply, Inc. — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 744-03)...... 2834

Board of Control — Water Pollution Control Division

Sewer test tee installation, inspection and repair — contract per C.O. Sec. 541.13 to Alfieri Brothers Material Supply, Inc. — Dept. of Public Utilities (BOC Res. 744-03)...... 2834

Board of Zoning Appeals — Report

East 142nd Street, 3749, (Ward 3) – Steven Cooper dba SAC Landscape and General Contractors, owner, and Felicia Davis, agent — appeal granted and adopted on 12/22/03 (Cal. 03-307) ...... 2835 Governor Avenue, 11604, (Ward 19) – George M. Greenawalt, owner — appeal heard on 12/22/03 (Cal. 03-325) ...... 2835 Kenilworth Avenue, 1419, (Ward 13) – Dennis McNulty, owner — appeal granted and adopted on 12/22/03 (Cal. 03-318) ...... 2835 Lorain Avenue, 13540, (Ward 20) – Elizabeth Hlavinka, owner and Robert Gonzales, prospective tenant — appeal heard on 12/22/03 (Cal. 03-324) ...... 2835 Lorain Avenue, 9410-14, (Ward 18) – Albert Coreno, owner and Yousif Hamdeh, tenan — appeal postponed to 1/26/04 on 12/22/03 (Cal. 03-314)...... 2835 Miles Avenue, 9305, (Ward 2) – Alex Mirza, owner — appeal dismissed on 12/22/03 (Cal. 03-254) ...... 2835 Overlook Road, 2200, (Ward 6) – Overlook Ventures LLC, owner, c/o Benny Chew, agent — appeal granted and adopted on 12/22/03 (Cal. 03-313)...... 2835 Pearl Road, 3809, (Ward 15) – Zion Pentecostal Temple, owner, c/o Bishop Pope, agent — appeal granted and adopted on 12/22/03 (Cal. 03-200)...... 2835 Saranac Road, 15912, (Ward 11) – Sheila Frey, owner — appeal granted and adopted on 12/22/03 (Cal. 03-321) ...... 2835 St. Clair Avenue, 13021, (Ward 10) – Clifford Daniel, owner — appeal granted and adopted on 12/22/03 (Cal. 03-309) ...... 2835 Triskett Road, 15255, (Ward 21) – Ohio Leitina Company, c/o Charles Mills, owner, and prospective purchaser, Family Video c/o Brent Conley, agent — appeal postponed to 1/26/04 on 12/22/03 (Cal. 03-275) ...... 2835 West 88th Street, 3265, (Ward 18) – Robert E. Mosack, owner — appeal heard on 12/22/03 (Cal. 03-322) ...... 2835 2892 December 24, 2003 The City Record 63

Board of Zoning Appeals — Schedule

Adams Avenue, 9405-07, (Ward 8) – Joann Howard, owner — appeal to be heard on 1/5/04 (Cal. 03-332) ...... 2835 East 131st Street, 3930, (Ward 2) – Mahmoud Zayed, owner — appeal to be heard on 1/5/04 (Cal. 03-326) ...... 2834 Euclid Avenue, 18235, (Ward 10) – Kimco of Ohio, Inc., owner c/o Thomas M. Shine, agent - appeal to be heard on 1/5/04 (Cal. 03-327) ...... 2834 Fulton Road, 2117, (Ward 14) – Maria Lyle, owner — appeal to be heard on 1/5/04 (Cal. 03-331) ...... 2835 Lakeview Road, 670, (Ward 8) – Letitia M. Nall, owner — appeal to be heard on 1/5/04 (Cal. 03-328) ...... 2835 Rookwood Road, 1948, (Ward 10) – Richard Felder, owner — appeal to be heard on 1/5/04 (Cal. 03-329)...... 2835

Bridges

W. 44th Street Bridge — rehabilitation — payment of City’s share to the State of Ohio — amend Ord. 1245-92 (O 2338-03) ...... 2885 W. 53rd Street Bridge, Denison Ave. Bridge, Harvard Ave. Bridge, W. 65th St. Bridge, and the W. 74th St. Bridge — rehabilitation — amend Ord. 1901-97 (O 2336-03) ...... 2883

Buckeye Area Development Corporation

E. 93rd St., 2580 — purchase property — storage facility (O 2306-03) ...... 2876 East 116th, East 117th and Buckeye Avenue — City of Cleveland’s municipal parking lot — sell (O 369-99)...... 2843

Burke Lakefront Airport

C.K. Newcomb and Associates, Inc. — Lease Agreement — general office and storage space (O 1968-03)...... 2847

City Council

City Record distribution — amend Sec. 115.03 (O 2454-03) ...... 2890

City of Cleveland Bids

Automotive parts, supplies and services — Department of Port Control — per Ord. 1687-03 - bid due January 14, 2004(advertised 12/17/2003 and 12/24/2003) ...... 2837 Fasteners — Department of Finance — per Ord. 2019-03 — bid due January 16, 2004(advertised 12/24/2003 and 12/31/2003) ...... 2838 HVAC for fire tower and fire academy — Department of Public Service — Division of Architecture — per Ord. 838-02 — bid due January 15, 2004 (advertised 12/17/2003 and 12/24/2003) ...... 2837 Janitorial supplies — Department of Finance — per Ord. 2027-03 — bid due January 14, 2004 (advertised 12/24/2003 and 12/31/2003) ...... 2837 Media storage, off-site — Department of Finance — Division of Information Technology and Services — per Ord. 1207-03 — bid due January 14, 2004 (advertised 12/24/2003 and 12/31/2003) ...... 2837 Meyer snow plow parts and labor — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 802-03 — bid due January 15, 2004 (advertised 12/24/2003 and 12/31/2003) ...... 2837 Pre-sort mail service — Department of Finance — per Ord. 2024-03 — bid due January 8, 2004 (advertised 12/17/2003 and 12/24/2003)...... 2837 Scrap metal sales, city-wide — Department of Public Service — per C.O. Sec. 181.19 — bid due January 14, 2004 (advertised 12/17/2003 and 12/24/2003) ...... 2837 Sodium hypochlite solution — Department of Public Utilities — Division of Water — per C.O. Sec. 129.24 — bid due January 23, 2004 (advertised 12/17/2003 and 12/24/2003) ...... 2837 Steel plates, miscellaneous sized — Department of Finance — per Ord. 2021-03 — bid due January 7, 2004 (advertised 12/17/2003 and 12/24/2003)...... 2837 Stihl and Honda mower parts and labor — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 803-03 — bid due January 15, 2004 (advertised 12/24/2003 and 12/31/2003) ...... 2837 Superior Avenue sewer rehabilitation — Department of Public Utilities — Division of Water Pollution Control — per Ord. 644-03 — bid due January 15, 2004 (advertised 12/24/2003 and 12/31/2003) ...... 2837 Wipers, paper and cloth — Department of Finance — per Ord. 2022-03 — bid due January 8, 2004 (advertised 12/17/2003 and 12/24/2003) ...... 2837 Work clothing, rental and laundry — Department of Finance — per Ord. 2137-03 — bid due January 8, 2004 (advertised 12/17/2003 and 12/24/2003)...... 2837 2893 64 The City Record December 24, 2003

City Planning Commission

Cleveland Lakefront Park Improvement Project — grant — amend Ord. 1109-03 — Ohio Department of Natural Resources (O 2240-03) ...... 2868 Damon Ave. & E. 156th St. (NW corner) — change the zoning — Two-Family Use District — “B” Area District — “1” Height District (O 2171-03) ...... 2860 Lake Shore Shopping Plaza (easternmost portion) — change the zoning — One-Family Residential Use District (O 2168-03) ...... 2857 Lake Shore Shopping Plaza — south of Lake Shore Boulevard — between E. 156th St. & E. 161st St. — Shopping Center Use District (O 2170-03)...... 2859 Margaret Spellacy Junior High School and Saranac Playground — change the zoning — Two-Family District — Height District “1” (O 2169-03) ...... 2858 Mt. Pleasant Business Revitalization District — expand (O 2173-03) ...... 2862 Pearl Rd. (west) — (between) Brookside Park Dr. & Broadview Rd. — change zoning — Local Retail Use District — “2” Height District (O 2167-03)...... 2856 Pearl Rd., (west) — between Broadview Rd. & Memphis Ave. — change the zoning — Local Retail Use District — “2” Height District (O 2251-03) ...... 2874 Saranac Rd. (south) — between E. 154th Pl. & E. 156th St. — change the zoning — Local Retail Use District (O 2172-03) ...... 2861 Saranac Rd. (south) — between E. 156th St. & E. 159th Sts. — Two-Family Use District (O 2252-03)...... 2875 Saranac Rd., (south) between E. 159th & E. 162nd Sts. — change the zoning — Multi-Family Use District (O 2249-03)...... 2872 Stanard School — Cleveland Landmark (O 2365-03) ...... 2885 Tremont School — Cleveland Landmark (O 2364-03) ...... 2885 W. 168th St. & Albers Ave. (N.W. corner) — change the zoning — Parking District — “1” Height District (O 2250-03) ...... 2873

Clerk of Council

City Record distribution — amend Sec. 115.03 (O 2454-03) ...... 2890

Cleveland Hopkins International Airport

Checkpoint Mailers Incorporated — Lease By Way of Concession — operation of secured drop boxes (O 2140-03) ...... 2852

Cleveland Housing Network

Customer services — Div. of Water, Water Pollution Control, and Cleveland Public Power (O 2319-03)...... 2880

Cleveland Municipal Court

Cuyahoga County Public Defender Commission — contract — legal services — defend indigents (O 2452-03) ...... 2890

Cleveland Municipal School District

E. 152nd St., 1050 — public improvement — all-weather track and football-field complex — Joint Use Agreement (O 2243-03) ...... 2869

Cleveland Public Power

Cleveland Housing Network — provide customer services — Div. of Water, Water Pollution Control, and Cleveland Public Power (O 2319-03)...... 2880 Underground miscellaneous duct line, street lighting bases, and pull boxes — install or repair (O 2225-03) ...... 2865

Cleveland Theater District

Additional security — public rights-of-way and Star Plaza — clean & Maintain (O 2248-03)...... 2871 Cleveland Theater District Development Corporation — agreement — levy of an assessment — Cleveland Theater District (O 2247-03)...... 2871

Codified Ordinances

Applying and accepting federal and state grants — new Section 139.16 (O 1220-03) ...... 2845 Armed security guards — repeal the various sections — comprise Chapter 670 (O 1235-03) ...... 2845 City Record distribution — amend Sec. 115.03 (O 2454-03) ...... 2890 Cleveland Browns Stadium — licensing the image — new Section 133.172 (O 2028-02) ...... 2844 Police Force, control by Chief — Division into classified and unclassified service — amend Sects. 116 and 126 (O 2186-03) ...... 2863 2894 December 24, 2003 The City Record 65

Community Development

Arrowhead Ave., 18619 — purchase — Purchases and Supplies Commissioner — convey — Northeast Shores Development Corp. (O 2235-03)...... 2867 Computer hardware, appurtenances, and furniture — purchase (O 2401-03)...... 2888 E. 37th & 43rd Sts. — Land Reutilization Program — Burten, Bell, Carr Development, Inc. (O 2244-03)...... 2870 E. 70th St. — Land Reutilization Program — Lottie Sims (O 2245-03) ...... 2870 E. 91ts St. — Land Reutilization Program — amend Ord. 2094-01 (O 1178-03) ...... 2845 Homeless assistance activities — Cleveland/Cuyahoga County Office of Homeless Services — various non-profit agencies (O 1501-03) ...... 2846 Housing Advocates, Inc. — amend Contract No. 60422 — anti-predatory counseling services (O 2403-03)...... 2888 Kinsman Ave., 12309 — declare blighted premises — sell the premises to Mt. Pleasant NOW Development Corporation (O 1503-03) ...... 2846 Memphis Ave., 4103 — appropriate property — construct a recreational play field (O 2236-03)...... 2867 Montgomery Ave., 7308 — Land Reutilization Program — Craig C. Wallace (O 504-03) ...... 2844 Old Brooklyn Neighborhood Services, Inc. — Old Brooklyn Residential Safety & Health program — Ward 15,16 NEF (O 2453-03) ...... 2890 Phase 3 of the HUD data geocoding project — software upgrade — design (O 2402-03) ...... 2888

Concession Agreements

Recycling program — Abitibi Consolidated — City recreation centers (O 2305-03) ...... 2876

Consumer Affairs Department

Housing Advocates, Inc. — amend Contract No. 60422 — anti-predatory counseling services (O 2403-03)...... 2888

Contracts

Apparatus addition — construction — Fire Station #39 — Contract No. 60592 — alterations — Schirmer Construction Co. (O 2337-03)...... 2884 Deloitte & Touche LLP — Empowerment Zone’s review and analysis (O 2406-03) ...... 2888 E911 positron equipment — maintenance — SBC Global Services, Inc. — Div. of Information Technology and Services (O 2223-03) ...... 2864 Financial audit for 2003 — Betty Montgomery, Auditor of State (O 2222-03) ...... 2864 Housing Advocates, Inc. — amend Contract No. 60422 — anti-predatory counseling services (O 2403-03)...... 2888 Hyland software — Casnet — OnBase document management system (O 2309-03) ...... 2877 International Business Machines Corporation — two AS400 servers — Division of Police (O 2451-03)...... 2890 Morgan Filter-Administration Building Modifications project 359 — Contract 58892 — EnviroCom Construction Inc. (O 2441-03)...... 2889 Northeast Ohio African American Health Network — HIV-prevention education (O 2396-03) ...... 2887

County Commissioners

Belvoir Blvd., between Euclid Ave. & South Euclid corporation line — rehabilitation — allocation — County Motor Vehicle License Tax Funds — payment — City’s share to the Cuyahoga County Commissioners (O 2332-03)...... 2882

Criminal Justice Services

Caribbean Gang Task Force Program, 2004 — grant — Ohio Office of Criminal Justice Services (O 2320-03) ...... 2880 Homeland Security Program, 2004 — Byrne Memorial Grant — grant — Ohio Office of Criminal Justice Services (O 2323-03) ...... 2881

Cuyahoga County

Homeless assistance activities — Cleveland/Cuyahoga County Office of Homeless Services — various non-profit agencies (O 1501-03) ...... 2846

Economic Development Department

Cleveland Theater District Development Corporation — agreement — levy of an assessment — Cleveland Theater District (O 2247-03)...... 2871 Deloitte & Touche LLP — contracts — Empowerment Zone’s review and analysis (O 2406-03) ...... 2888 E. 55th St., 1468 — lease property — Northeast Ohio Neighborhood Health Services — Cleveland One-Stop Career Center (O 2161-03) ...... 2854 Van Roy Coffee Building — 2900 Detroit Ave. — property improvements — Enterprise Zone Agreement — 2900 Detroit, Ltd. (O 2324-03)...... 2881 2895 66 The City Record December 24, 2003

Emergency Medical Service Division

EMS Training Grant, 2004 — grant — Ohio Department of Public Safety (O 2041-03) ...... 2849 Medical supplies and equipment — purchase (O 2232-03)...... 2866

Empowerment Zone

Deloitte & Touche LLP — contracts — Empowerment Zone’s review and analysis (O 2406-03) ...... 2888

Enterprise Zone Agreement

Van Roy Coffee Building — 2900 Detroit Ave. — property improvements — 2900 Detroit, Ltd. (O 2324-03) ...... 2881

Fees

Cleveland Botanical Garden — Supplemental Indenture of Lease Agreement — admission fee and a parking fee (O 2233-03) ...... 2866

Finance Department

City-wide paging and wireless service contracts — amend Ord. 1714-02 — Div. of Information Technology and Services (O 2224-03)...... 2864 Citywide data and voice strategic plan — amend Ord. 2152-02 (O 1484-03) ...... 2845 Cuyahoga County Public Defender Commission — contract — legal services — defend indigents (O 2452-03) ...... 2890 E911 positron equipment — maintenance — SBC Global Services, Inc. — Div. of Information Technology and Services (O 2223-03) ...... 2864 Financial audit for 2003, — contract — Betty Montgomery, Auditor of State (O 2222-03)...... 2864 Kronos software licenses — time and attendance system — consultants, computer software developers, or vendors (O 2302-03)...... 2876 Moral Claims — payment (O 2395-03) ...... 2886 OneCleveland Board of Directors — designating — Chief Technology Officer — Class C Director — charter member (O 2175-03) ...... 2863

Fire Division

Apparatus addition — construction — Fire Station #39 — Contract No. 60592 — alterations — Schirmer Construction Co. (O 2337-03)...... 2884

Grants

Applying and accepting federal and state grants — new Section 139.16 (O 1220-03) ...... 2845 Byrme Memorial Grant, Cleveland Team Approach to Domestic Violence Program, 2004 — Ohio Office of Criminal Justice Services (O 2322-03)...... 2881 Caribbean Gang Task Force Program, 2004 — Ohio Office of Criminal Justice Services (O 2320-03)...... 2880 Cleveland Lakefront Park Improvement Project — amend Ord. 1109-03 — Ohio Department of Natural Resources (O 2240-03) ...... 2868 COPS Homeland Security Overtime Program — U.S. Department of Justice (O 2150-03) ...... 2853 EMS Training Grant, 2004 — Ohio Department of Public Safety (O 2041-03) ...... 2849 Homeland Security Program, 2004 — Byrne Memorial Grant — Ohio Office of Criminal Justice Services (O 2323-03) ...... 2881 Juvenile Accountability Incentive Block Grant Program, 2004 — Ohio Department of Youth Services (O 2442-03) ...... 2889 Juvenile Community Diversion Program, 2004 — Cuyahoga County Juvenile Court — Partnership for a Safer Cleveland — implement program (O 2321-03)...... 2880 Metropolitan Medical Response System — U.S. Department of Health and Human Services (O 2229-03)...... 2865 Regional Metropolitan Medical Response Program — Cuyahoga County Board of Health (O 2228-03)...... 2865 Western Reserve Area Agency on Aging Program, 2004 — Western Reserve Area Agency on Aging (O 2450-03) ...... 2889 Women’s Health Services Program — Ohio Department of Health (O 2398-03) ...... 2887 Worksite Wellness, Steps to Healthier Cleveland Program — Kaiser Permanente of Ohio (O 2397-03)...... 2887

Health Department

Mural Building — 1925 St. Clair Ave. — lease space (O 2399-03) ...... 2887 Northeast Ohio African American Health Network — contracts — HIV-prevention education (O 2396-03)...... 2887 Women’s Health Services Program — grant — Ohio Department of Health (O 2398-03)...... 2887 Worksite Wellness, Steps to Healthier Cleveland Program — grant — Kaiser Permanente of Ohio (O 2397-03) ...... 2887 2896 December 24, 2003 The City Record 67

Homeless

Homeless assistance activities — Cleveland/Cuyahoga County Office of Homeless Services — various non-profit agencies (O 1501-03) ...... 2846 Homeless issues, plan and strategy — Council’s commitment (R 2466-03) ...... 2842 Homeless shelters — creation of new — emergency shelter overflow space — Aviation High School — lower level of City Hall (R 2467-03) ...... 2842

Housing and Urban Development (HUD)

Phase 3 of the HUD data geocoding project — software upgrade — design (O 2402-03) ...... 2888

Land Reutilization Program

E. 37th & 43rd Sts. — Burten, Bell, Carr Development, Inc. (O 2244-03) ...... 2870 E. 70th St. — Lottie Sims (O 2245-03)...... 2870 E. 91ts St. — amend Ord. 2094-01 (O 1178-03) ...... 2845 Montgomery Ave., 7308 — Craig C. Wallace (O 504-03) ...... 2844

Landmark Commission

Stanard School — Cleveland Landmark (O 2365-03) ...... 2885 Primera Iglesia Adventista del Septimo Dia Hispana de Cleveland - Cleveland Landmark (O 1933-03)...... 2847 Tremont School — Cleveland Landmark (O 2364-03) ...... 2885

Lease Agreement

Bass Energy Company, Inc. — produce and remove oil, gas (O 1803-03) ...... 2847 C.K. Newcomb and Associates, Inc. — general office and storage space — Burke Lakefront Airport (O 1968-03) ...... 2847 Cleveland Botanical Garden — Supplemental Indenture of Lease Agreement — admission fee and a parking fee (O 2233-03) ...... 2866

Lease by Way of Concession

Checkpoint Mailers Incorporated — operation of secured drop boxes — Cleveland Hopkins International Airport (O 2140-03) ...... 2852

Leases

Mural Building — 1925 St. Clair Ave. — lease space — Dept. of Public Health (O 2399-03)...... 2887

Liquor Permits

Denison Ave., 6501 — objection (Ward 16) (R 2464-03) ...... 2841 E. 152nd St., 1010 — objection (Ward 10) (R 2444-03) ...... 2838 Kinsman Ave., 10815 — objection (Ward 3) (R 2447-03) ...... 2839 Pearl Rd., 3787 — objection (Ward 15) (R 2445-03)...... 2839 St. Clair Ave., 17438 — objection — withdraw (Ward 11) (R 2449-03) ...... 2840 St. Clair Ave., 18506 — objection — withdraw (Ward 11) (R 2448-03) ...... 2840 Starkweather Ave., 761 — objection — withdraw (Ward 13) (R 2443-03)...... 2838 State Rd., 4301 — objection — withdraw (Ward 15) (R 2446-03) ...... 2839 Superior Ave., 4829 — objection (Ward 13) (R 2460-03) ...... 2840

Moral Claims

Moral Claims — payment (O 2395-03) ...... 2886

Museums

Cleveland Museum of Art — lease City-owned property — Wade Park — Rockefeller Park — new maintenance facility (O 2042-03)...... 2850

Neighborhood Equity Funds

Old Brooklyn Neighborhood Services, Inc. — Old Brooklyn Residential Safety & Health program — Ward 15,16 NEF (O 2453-03) ...... 2890

Ohio Department of Natural Resources

Cleveland Lakefront Park Improvement Project — grant — amend Ord. 1109-03 (O 2240-03) ...... 2868 2897 68 The City Record December 24, 2003

Ohio Department of Public Health

Women’s Health Services Program — grant (O 2398-03) ...... 2887

Ohio Department of Transportation (ODOT)

Lorain Ave. — between W. 41st St. & W. 65th St. — rehabilitation — Local Project Administration agreement with ODOT (O 2090-03)...... 2851

Ohio Housing Finance Agency

Mt. Pleasant NOW HDAP Homes — Council’s support — affordable housing (R 2459-03) ...... 2840

Parks

Parks and recreation facilities — public improvement (O 2151-03)...... 2853

Parks, Recreation and Properties Department

Cleveland Botanical Garden — Supplemental Indenture of Lease Agreement — admission fee and a parking fee (O 2233-03) ...... 2866 Cleveland Browns Stadium — licensing the image — new Section 133.172 (O 2028-02) ...... 2844 Cleveland Museum of Art — lease City-owned property — Wade Park — Rockefeller Park — new maintenance facility (O 2042-03)...... 2850 E. 152nd St., 1050 — public improvement — all-weather track and football-field complex — Joint Use Agreement — Cleveland Municipal School District (O 2243-03) ...... 2869 E. 93rd St., 2580 — purchase property — storage facility — Buckeye Area Development Corp. (O 2306-03) ...... 2876 East 116th, East 117th and Buckeye Avenue — City of Cleveland’s municipal parking lot — sell — Buckeye Area Development Corporation (O 369-99) ...... 2843 Jacobs Investments, Inc. — Option Agreement — River’s End Marina Development, Inc. — Cleveland Harbor Coats Guard Station buildings, docks and piers (O 2153-03) ...... 2854 Parks and recreation facilities — public improvement (O 2151-03)...... 2853 Recycling program — Abitibi Consolidated — Concession Agreement — City recreation centers (O 2305-03) ...... 2876 Ski lessons — 2004 — amend Ord. 178-03 (O 2304-03) ...... 2876

Personnel Department

Pre-employment background and criminal checks — professional services (O 2238-03) ...... 2868 Recovery Resources — contracts — Employee Assistance Program (O 2239-03) ...... 2868

Police Division

International Business Machines Corporation — contracts — two AS400 servers (O 2451-03)...... 2890 Prisoner meals — purchase (O 2231-03) ...... 2866

Port Control Department

Air filters — purchase — various divisions (O 2141-03) ...... 2852 Applying and accepting federal and state grants — new Section 139.16 (O 1220-03) ...... 2845 C.K. Newcomb and Associates, Inc. — Lease Agreement — general office and storage space — Burke Lakefront Airport (O 1968-03) ...... 2847 Checkpoint Mailers Incorporated — Lease By Way of Concession — operation of secured drop boxes — Cleveland Hopkins International Airport (O 2140-03) ...... 2852 Painting and paint removal — roadways, runways and other paved surfaces — various divisions (O 2030-03) ...... 2848 Rubber and any other contaminants — remove from paved surfaces — various divisions (O 2031-03)...... 2848

Predatory Lending

Housing Advocates, Inc. — amend Contract No. 60422 — anti-predatory counseling services (O 2403-03)...... 2888

Purchases and Supplies Division

Arrowhead Ave., 18619 — purchase — Purchases and Supplies Commissioner — convey — Northeast Shores Development Corp. (O 2235-03)...... 2867 E. 152nd St., 1050 — public improvement — all-weather track and football-field complex — Joint Use Agreement — Cleveland Municipal School District (O 2243-03) ...... 2869 2898 December 24, 2003 The City Record 69

Recreation Centers

Parks and recreation facilities — public improvement (O 2151-03)...... 2853 Recycling program — Abitibi Consolidated — Concession Agreement — City recreation centers (O 2305-03) ...... 2876

Resolutions — Miscellaneous

EBay — technical modification of its search engine (R 2462-03) ...... 2841 Homeless issues, plan and strategy — Council’s commitment (R 2466-03) ...... 2842 Homeless shelters — creation of new — emergency shelter overflow space — Aviation High School — lower level of City Hall (R 2467-03) ...... 2842 Metropolitan Congestion Relief Act — urging Congress support — include in reauthorization of the Transportation Equity Act for the 21st Century (R 2463-03) ...... 2841 Mt. Pleasant NOW HDAP Homes — Council’s support — affordable housing — Ohio Housing Finance Agency (R 2459-03) ...... 2840

Safety Department

Byrme Memorial Grant, Cleveland Team Approach to Domestic Violence Program, 2004 — grant — Ohio Office of Criminal Justice Services (O 2322-03)...... 2881 Caribbean Gang Task Force Program, 2004 — grant — Ohio Office of Criminal Justice Services (O 2320-03) ...... 2880 COPS Homeland Security Overtime Program — grant — U.S. Department of Justice (O 2150-03)...... 2853 EMS Training Grant, 2004 — grant — Ohio Department of Public Safety (O 2041-03)...... 2849 Homeland Security Program, 2004 — Byrne Memorial Grant — grant — Ohio Office of Criminal Justice Services (O 2323-03) ...... 2881 International Business Machines Corporation — contracts — two AS400 servers — Division of Police (O 2451-03) ...... 2890 Juvenile Accountability Incentive Block Grant Program, 2004 — grant — Ohio Department of Youth Services (O 2442-03) ...... 2889 Juvenile Community Diversion Program, 2004 — grant — Cuyahoga County Juvenile Court — Partnership for a Safer Cleveland — implement program (O 2321-03) ...... 2880 Medical supplies and equipment — purchase — Division of Emergency Medical Service (O 2232-03)...... 2866 Metropolitan Medical Response System — grant — U.S. Department of Health and Human Services (O 2229-03) ...... 2865 Police Force, control by Chief — Division into classified and unclassified service — amend Sects. 116 and 126 (O 2186-03) ...... 2863 Prisoner meals — purchase — Division of Police (O 2231-03) ...... 2866 Regional Metropolitan Medical Response Program — grant — Cuyahoga County Board of Health (O 2228-03) ...... 2865

Service Department

Adelbert Road Bridge — rehabilitation — City’s payment to the State of Ohio (O 2331-03)...... 2882 Apparatus addition — construction — Fire Station #39 — Contract No. 60592 — alterations — Schirmer Construction Co. (O 2337-03)...... 2884 Belvidere Ave. & E. 56th Pl. — vacate portion (O 2034-03)...... 2849 Belvoir Blvd., between Euclid Ave. & South Euclid corporation line — rehabilitation — allocation — County Motor Vehicle License Tax Funds — payment — City’s share to the Cuyahoga County Commissioners (O 2332-03)...... 2882 Bessemer Avenue Extension Phase I — construction — amend Ord. 1655-99 (O 2335-03)...... 2883 Canal Rd. — public improvement (O 2242-03) ...... 2869 Cleveland Museum of Art — lease City-owned property — Wade Park — Rockefeller Park — new maintenance facility (O 2042-03)...... 2850 Lorain Ave. — between W. 41st St. & W. 65th St. — rehabilitation — Local Project Administration agreement with ODOT (O 2090-03)...... 2851 Memphis Ave., 4619 — appropriate property — widening Memphis Ave. (R 2147-03) ...... 2838 Penn Court, N.W. — vacate portion (O 2035-03) ...... 2849 Stanhope Court, N.W. — vacate portion (O 2033-03)...... 2848 W. 44th Street Bridge — rehabilitation — payment of City’s share to the State of Ohio — amend Ord. 1245-92 (O 2338-03) ...... 2885 W. 53rd Street Bridge, Denison Ave. Bridge, Harvard Ave. Bridge, W. 65th St. Bridge, and the W. 74th St. Bridge — rehabilitation — amend Ord. 1901-97 (O 2336-03) ...... 2883 W. 92nd St. — vacate portion (O 2032-03) ...... 2848

Stadium

Cleveland Browns Stadium — licensing the image — new Section 133.172 (O 2028-02) ...... 2844 2899 70 The City Record December 24, 2003

State of Ohio

W. 44th Street Bridge — rehabilitation — payment of City’s share to the State of Ohio — amend Ord. 1245-92 (O 2338-03) ...... 2885

Street Vacation

Belvidere Ave. & E. 56th Pl. — vacate portion (O 2034-03)...... 2849 Penn Court, N.W. — vacate portion (O 2035-03) ...... 2849 Stanhope Court, N.W. — vacate portion (O 2033-03)...... 2848 W. 92nd St. — vacate portion (O 2032-03) ...... 2848

Utilities Department

Automatic meter readings firefly system — pilot program — Datamatic, Ltd. — commercial accounts — Cities of Beachwood and Brunswick (O 2315-03) ...... 2879 Bass Energy Company, Inc. — lease agreements — produce and remove oil, gas (O 1803-03) ...... 2847 Chemicals, products, and other hazardous and non-hazardous recyclable waste — disposal — analysis — Div. of Water (O 2316-03) ...... 2879 Cleveland Housing Network — provide customer services — Div. of Water, Water Pollution Control, and Cleveland Public Power (O 2319-03)...... 2880 Electrical and water system maintenance equipment — purchase — Div. of Water (O 2317-03) ...... 2880 Harp Restaurant — lease City-owned property (O 2138-03) ...... 2852 Hyland software — Casnet — OnBase document management system (O 2309-03) ...... 2877 Low-pressure steam boiler systems — repair — Division of Water (O 2310-03) ...... 2877 Mobile dechlorinattion unit — dechlorinate, reduce turbidity, collect solids, measure — storage tanks, hydrants, treatment plants (O 2313-03) ...... 2878 Morgan Filter-Administration Building Modifications project 359 — Contract 58892 — EnviroCom Construction Inc. (O 2441-03)...... 2889 Pump stations — repair and maintain — Division of Water Pollution Control (O 2139-03) ...... 2852 Roofs — repair or replace — Division of Water (O 2312-03) ...... 2878 Underground miscellaneous duct line, street lighting bases, and pull boxes — install or repair — Cleveland Public Power (O 2225-03) ...... 2865 Water mains — cement mortar lining — public improvement (O 2308-03) ...... 2877 Water mains — repair or replace — Division of Water (O 2311-03) ...... 2878 Water treatment plant residuals — hauling and disposal — Division of Water (O 2314-03) ...... 2879

Ward 02

E. 91ts St. — Land Reutilization Program — amend Ord. 2094-01 (O 1178-03) ...... 2845

Ward 03

Kinsman Ave., 10815 — objection — liquor permit (R 2447-03) ...... 2839 Kinsman Ave., 12309 — declare blighted premises — sell the premises to Mt. Pleasant NOW Development Corporation (O 1503-03) ...... 2846 Mt. Pleasant Business Revitalization District — expand (O 2173-03) ...... 2862 Mt. Pleasant NOW HDAP Homes — Council’s support — affordable housing — Ohio Housing Finance Agency (R 2459-03) ...... 2840

Ward 05

E. 37th & 43rd Sts. — Land Reutilization Program — Burten, Bell, Carr Development, Inc. (O 2244-03)...... 2870 Montgomery Ave., 7308 — Land Reutilization Program — Craig C. Wallace (O 504-03) ...... 2844

Ward 07

Belvidere Ave. & E. 56th Pl. — vacate portion (O 2034-03)...... 2849 E. 70th St. — Land Reutilization Program — Lottie Sims (O 2245-03) ...... 2870

Ward 08

Cleveland Museum of Art — lease City-owned property — Wade Park — Rockefeller Park — new maintenance facility (O 2042-03)...... 2850 East 116th, East 117th and Buckeye Avenue — City of Cleveland’s municipal parking lot — sell — Buckeye Area Development Corporation (O 369-99) ...... 2843

Ward 10

Belvoir Blvd., between Euclid Ave. & South Euclid corporation line — rehabilitation — allocation — County Motor Vehicle License Tax Funds — payment — City’s share to the Cuyahoga County Commissioners (O 2332-03)...... 2882 E. 152nd St., 1010 — objection — liquor permit (R 2444-03) ...... 2838 E. 152nd St., 1050 — public improvement — all-weather track and football-field complex — Joint Use Agreement — Cleveland Municipal School District (O 2243-03) ...... 2869 2900 December 24, 2003 The City Record 71

Ward 11

Arrowhead Ave., 18619 — purchase — Purchases and Supplies Commissioner — convey — Northeast Shores Development Corp. (O 2235-03)...... 2867 Damon Ave. & E. 156th St. (NW corner) — change the zoning — Two-Family Use District — “B” Area District — “1” Height District (O 2171-03) ...... 2860 Lake Shore Shopping Plaza (easternmost portion) — change the zoning — One-Family Residential Use District (O 2168-03) ...... 2857 Lake Shore Shopping Plaza — south of Lake Shore Boulevard — between E. 156th St. & E. 161st St. — Shopping Center Use District (O 2170-03)...... 2859 Margaret Spellacy Junior High School and Saranac Playground — change the zoning — Two-Family District — Height District “1” (O 2169-03) ...... 2858 Saranac Rd. (south) — between E. 154th Pl. & E. 156th St. — change the zoning — Local Retail Use District (O 2172-03) ...... 2861 Saranac Rd. (south) — between E. 156th St. & E. 159th Sts. — Two-Family Use District (O 2252-03)...... 2875 Saranac Rd., (south) between E. 159th & E. 162nd Sts. — change the zoning — Multi-Family Use District (O 2249-03)...... 2872 St. Clair Ave., 17438 — objection — withdraw — liquor permit (R 2449-03) ...... 2840 St. Clair Ave., 18506 — objection — withdraw — liquor permit (R 2448-03) ...... 2840

Ward 12

Bessemer Avenue Extension Phase I — construction — amend Ord. 1655-99 (O 2335-03) ...... 2883

Ward 13

Canal Rd. — public improvement (O 2242-03) ...... 2869 Cleveland Theater District — additional security — public rights-of-way and Star Plaza — clean & Maintain (O 2248-03) ...... 2871 Cleveland Theater District Development Corporation — agreement — levy of an assessment — Cleveland Theater District (O 2247-03)...... 2871 E. 55th St., 1468 — lease property — Northeast Ohio Neighborhood Health Services — Cleveland One-Stop Career Center (O 2161-03) ...... 2854 Harp Restaurant — lease City-owned property (O 2138-03) ...... 2852 Lorain Ave. — between W. 41st St. & W. 65th St. — rehabilitation — Local Project Administration agreement with ODOT (O 2090-03)...... 2851 Penn Court, N.W. — vacate portion (O 2035-03) ...... 2849 Stanard School — Cleveland Landmark (O 2365-03) ...... 2885 Starkweather Ave., 761 — objection — withdraw — liquor permit (R 2443-03) ...... 2838 Superior Ave., 4829 — objection — liquor permit (R 2460-03)...... 2840 Tremont School — Cleveland Landmark (O 2364-03) ...... 2885 Van Roy Coffee Building — 2900 Detroit Ave. — property improvements — Enterprise Zone Agreement — 2900 Detroit, Ltd. (O 2324-03)...... 2881

Ward 14

Lorain Ave. — between W. 41st St. & W. 65th St. — rehabilitation — Local Project Administration agreement with ODOT (O 2090-03)...... 2851

Ward 15

Canal Rd. — public improvement (O 2242-03) ...... 2869 Memphis Ave., 4103 — appropriate property — construct a recreational play field (O 2236-03) ...... 2867 Old Brooklyn Neighborhood Services, Inc. — Old Brooklyn Residential Safety & Health program — Ward 15,16 NEF (O 2453-03) ...... 2890 Pearl Rd. (west) — (between) Brookside Park Dr. & Broadview Rd. — change zoning — Local Retail Use District — “2” Height District (O 2167-03)...... 2856 Pearl Rd., (west) — between Broadview Rd. & Memphis Ave. — change the zoning — Local Retail Use District — “2” Height District (O 2251-03) ...... 2874 Pearl Rd., 3787 — objection — liquor permit (R 2445-03) ...... 2839 State Rd., 4301 — objection — withdraw — liquor permit (R 2446-03) ...... 2839

Ward 16

Denison Ave., 6501 — objection — liquor permit (R 2464-03) ...... 2841 Memphis Ave., 4619 — appropriate property — widening Memphis Ave. (R 2147-03) ...... 2838 Old Brooklyn Neighborhood Services, Inc. — Old Brooklyn Residential Safety & Health program — Ward 15,16 NEF (O 2453-03) ...... 2890

Ward 17

Jacobs Investments, Inc. — Option Agreement — River’s End Marina Development, Inc. — Cleveland Harbor Coats Guard Station buildings, docks and piers (O 2153-03) ...... 2854 Lorain Ave. — between W. 41st St. & W. 65th St. — rehabilitation — Local Project Administration agreement with ODOT (O 2090-03)...... 2851 2901 72 The City Record December 24, 2003

Ward 18

Stanhope Court, N.W. — vacate portion (O 2033-03)...... 2848 W. 92nd St. — vacate portion (O 2032-03) ...... 2848

Ward 21

W. 168th St. & Albers Ave. (N.W. corner) — change the zoning — Parking District — “1” Height District (O 2250-03) ...... 2873

Water Division

Automatic meter readings firefly system — pilot program — Datamatic, Ltd. — commercial accounts — Cities of Beachwood and Brunswick (O 2315-03) ...... 2879 Chemicals, products, and other hazardous and non-hazardous recyclable waste — disposal — analysis (O 2316-03) ...... 2879 Cleveland Housing Network — provide customer services — Div. of Water, Water Pollution Control, and Cleveland Public Power (O 2319-03)...... 2880 Electrical and water system maintenance equipment — purchase (O 2317-03)...... 2880 Low-pressure steam boiler systems — repair (O 2310-03)...... 2877 Mobile dechlorinattion unit — dechlorinate, reduce turbidity, collect solids, measure — storage tanks, hydrants, treatment plants (O 2313-03) ...... 2878 Roofs — repair or replace (O 2312-03) ...... 2878 Water mains — cement mortar lining — public improvement (O 2308-03) ...... 2877 Water mains — repair or replace (O 2311-03) ...... 2878 Water treatment plant residuals — hauling and disposal (O 2314-03) ...... 2879

Water Pollution Control Division

Cleveland Housing Network — provide customer services — Div. of Water, Water Pollution Control, and Cleveland Public Power (O 2319-03)...... 2880 Pump stations — repair and maintain (O 2139-03)...... 2852

Zoning

Damon Ave. & E. 156th St. (NW corner) — change the zoning — Two-Family Use District — “B” Area District — “1” Height District (O 2171-03) ...... 2860 Lake Shore Shopping Plaza (easternmost portion) — change the zoning — One-Family Residential Use District (O 2168-03) ...... 2857 Lake Shore Shopping Plaza — south of Lake Shore Boulevard — between E. 156th St. & E. 161st St. — Shopping Center Use District (O 2170-03)...... 2859 Margaret Spellacy Junior High School and Saranac Playground — change the zoning — Two-Family District — Height District “1” (O 2169-03) ...... 2858 Mt. Pleasant Business Revitalization District — expand (O 2173-03) ...... 2862 Pearl Rd. & Henninger Rd. (N.E. corner) - change the zoning - Local Retail Use District (O 2166-03)...... 2855 Pearl Rd. (west) — (between) Brookside Park Dr. & Broadview Rd. — change zoning — Local Retail Use District — “2” Height District (O 2167-03)...... 2856 Pearl Rd., (west) — between Broadview Rd. & Memphis Ave. — change the zoning — Local Retail Use District — “2” Height District (O 2251-03) ...... 2874 Saranac Rd. (south) — between E. 154th Pl. & E. 156th St. — change the zoning — Local Retail Use District (O 2172-03) ...... 2861 Saranac Rd. (south) — between E. 156th St. & E. 159th Sts. — Two-Family Use District (O 2252-03)...... 2875 Saranac Rd., (south) between E. 159th & E. 162nd Sts. — change the zoning — Multi-Family Use District (O 2249-03)...... 2872 W. 168th St. & Albers Ave. (N.W. corner) — change the zoning — Parking District — “1” Height District (O 2250-03) ...... 2873

2902