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

January the Ninth, Two Thousand and Eight

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor Martin J. Sweeney President of Council Containing PAGE Sandra Franklin City Council 3 City Clerk, Clerk of Council The Calendar 12 Pro Tempore Board of Control 12 Civil Service 15 Ward Name Board of Zoning Appeals15 1 Nina Turner Board of Building Standards 2 Robert J. White and Building Appeals17 3 Zachary Reed Public Notice 17 4 Kenneth L. Johnson Public Hearings17 5 Phyllis E. Cleveland City of Cleveland Bids17 6 Patricia J. Britt 7 Fannie M. Lewis Adopted Resolutions and Ordinances18 8 Sabra Pierce Scott 9 Kevin Conwell Committee Meetings18 10 Roosevelt Coats Index 18 11 Michael D. Polensek 12 Anthony Brancatelli 13 Joe Cimperman 14 Joseph Santiago 15 Brian J. Cummins 16 Kevin J. Kelley 17 Matthew Zone 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Martin J. Keane DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City Hall President of Council – Martin J. Sweeney DIVISIONS: Administrative Services – Terrence Ross, Commissioner Neighborhood Services – Louise V. Jackson, Commissioner Ward Name Residence Neighborhood Development – Joseph A. Sidoti, Commissioner 1 Nina Turner...... 16204 Sunny Glen Avenue 44128 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 2 Robert J. White ...... 9703 Cardwell Avenue 44105 DIVISIONS: Code Enforcement – Tyrone L. Johnson, Commissioner 3 Zachary Reed ...... 3734 East 149th Street 44120 Construction Permitting – Timothy R. Wolosz, Commissioner 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DEPT. OF PERSONNELAND HUMAN RESOURCES – Trudy Hutchinson, Director, Room 121 6 Patricia J. Britt...... 12402 Britton Drive 44120 DEPT. OF ECONOMIC DEVELOPMENT – Brian A. Reilly, Director, Room 210 7 Fannie M. Lewis...... 7416 Star Avenue 44103 8 Sabra Pierce Scott...... 1136 East 98th Street 44108 DEPT. OF AGING – Jane Fumich, Director, Room 122 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 DEPT. OF CONSUMER AFFAIRS – Angel Guzman, Director 10 Roosevelt Coats ...... 1775 Cliffview Road 44112 11 Michael D. Polensek...... 17855 Brian Avenue 44119 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G. 12 Anthony Brancatelli...... 6924 Ottawa Road 44105 Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman 13 Joe Cimperman...... 3053 West 12th Street 44113 Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman 14 Joseph Santiago...... 3169 West 14th Street 44109 Matthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry, 15 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura, 16 Kevin J. Kelley ...... 6608 Woodhaven Avenue 44144 Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot James 17 Matthew Zone ...... 1228 West 69th Street 44102 Copeland. 18 Jay Westbrook ...... 1278 West 103rd Street 44102 CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. Earl 19 Dona Brady ...... 1272 West Boulevard 44102 Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing, 20 Martin J. Sweeney...... 3632 West 133rd Street 44111 Michael L. Nelson. 21 Martin J. Keane...... 15907 Colletta Lane 44111 SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin City Clerk, Clerk of Council Pro Tempore – Sandra Franklin, 216 City Hall, 664–2840 J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. MAYOR – Frank G. Jackson BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John Ken Silliman, Secretary to the Mayor, Chief of Staff Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, ______, Secretary. Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Denk, Chairman; ______, Arthur Saunders, Alternate Members – D. Cox, P. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Maureen Harper, Executive Assistant to the Mayor, Chief of Communications Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President; Debra Linn Talley, Director, Office of Equal Opportunity Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney. DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel, BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Robert Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106 J. Triozzi; Councilman ______. Karen E. Martines, Law Librarian, Room 100 BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Director ______; Council President Martin J. Sweeney. Frank Badalamenti, Manager, Internal Audit CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J. DIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19 Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Pinkney, Norman Krumholz, Council Member Joe Cimperman. City Treasury – Algeron Walker, Treasurer, Room 115 Financial Reporting and Control – James Gentile, Controller, Room 18 FAIR CAMPAIGN FINANCE COMMISSION – Chris Warren, C. Ellen Connally, Hillary S. Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair Taylor. Avenue FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela Purchases and Supplies – James E. Hardy, Commissioner, Room 128 Caldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue Member ______, Ed Romero. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Interim Director, 1201 Lakeside Avenue FAIR HOUSING BOARD – Charles See, Chair; ______, Vice Chair; Daniel Conway, Doris Honsa, Lisa Camacho. DIVISIONS – 1201 Lakeside Avenue Cleveland Public Power – Ivan Henderson, Commissioner HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Street Lighting Bureau – ______, Acting Chief Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Utilities Fiscal Control – Dennis Nichols, Commissioner David Perkowski, Joan Shaver Washington, Keith Sutton. Water – John Christopher Nielson, Commissioner Water Pollution Control – Ollie Shaw, Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman; Clint Martin, Mark Rivera. DEPT. OF PORT CONTROL – Ricky D. Smith, Director Cleveland Hopkins International Airport, 5300 Riverside Drive MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance Burke Lakefront Airport – Khalid Bahhur, Commissioner Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin Cleveland Hopkins International Airport – Fred Szabo, Commissioner Kelley; Councilman Nina Turner. DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113 POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517 Whalen, Nancy Cronin, Elvin Vauss. Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518 CLEVELAND LANDMARKS COMMISSION – Room 519 – Laura M. Bala, Chair; Jennifer Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards Coleman, Vice Chair; Robert N. Brown, Council Member Joe Cimperman, Thomas Streets – Randell T. Scott, Commissioner, Room 25 Coffey, Robert Jackimowicz; Ari Maron, William Mason, Michael Rastatter, Jr., John Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1 Torres, N. Kurt Wiebusch, Robert Keiser, Secretary. Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 1925 St. Clair Ave. AUDIT COMMITTEE – Robert Rawson, Chairman; Yvette Ittu, Debra Janik, Bracy Lewis, DIVISIONS: Air Quality – Richard L. Nemeth, Commissioner Don Neebes, Council President Martin J. Sweeney; Law Director Robert J. Triozzi. Environment – Willie Bess, Commissioner, Mural Building, 1925 St. Clair Ave. CLEVELAND MUNICIPAL COURT Health – Anjou Parekh, Commissioner, Mural Building, 1925 St. Clair Ave. JUSTICE CENTER – 1200 ONTARIO STREET DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230 DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street JUDGE COURTROOM ASSIGNMENTS Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. Judge Courtroom Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive Presiding and Administrative Judge Larry A. Jones 14B Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue Judge Ronald B. Adrine 15A Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street Judge Marilyn B. Cassidy 12A DEPT. OF PARKS, RECREATION & PROPERTIES – Michael Cox, Director Judge Emanuella Groves 13A Cleveland Convention Center, Clubroom A, 1220 East 6th Street Judge Kathleen Ann Keough 13D DIVISIONS: Convention Center & Stadium – James Glending, Commissioner Judge Anita Laster Mays 14C Public Auditorium, East 6th Street and Lakeside Avenue Judge Lauren C. Moore 14A Parking Facilities – Leigh Stevens, Commissioner Judge Charles Patton, Jr. 12B Public Auditorium, East 6th Street and Lakeside Avenue Judge Raymond L. Pianka (Housing Court Judge) 13B Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Michael John Ryan 12C Public Auditorium – East 6th Street and Lakeside Avenue Judge Angela R. Stokes 15C Property Management – Tom Nagle, Commissioner, East 49th Street & Harvard Judge Pauline H. Tarver 13C Recreation – Kim Johnson, Commissioner, Room 8 Judge Joseph J. Zone 14D Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J. Mizerak – Burke Lakefront Airport Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Magistrate The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 95 WEDNESDAY, JANUARY 9, 2008 No. 4909 CITY COUNCIL MONDAY, JANUARY 7, 2008

The City Record WEDNESDAY—Alternating nant Community Church of Cleve- land, located at 3342 East 119th Published weekly by the City Clerk, 10:00 A.M. — Aviation & Trans- Street in Ward 3. Pledge of Alle- Clerk of Council under authority portation Committee: Kelley, Chair; giance. of the Charter of the Westbrook, Vice Chair; Brancatelli, Britt, Cleveland, Keane, Turner. MOTION City of Cleveland 10:00 A.M. — Public Safety Com- The City Record is available mittee: Conwell, Chair; Brady, Vice On the motion of Council Member online at Chair; Britt, Coats, Cummins, Kel- Brancatelli, the reading of the min- ley, Polensek, Santiago, Turner. utes of the last meeting were dis- www.clevelandcitycouncil.org pensed with and the journal ap- Address all communications to WEDNESDAY—Alternating proved. Seconded by Council Member Johnson. SANDRA FRANKLIN 1:30 P.M. — Public Utilities Com- City Clerk, Clerk of Council mittee: Zone, Chair; Reed, Vice Chair; CLERK OF COUNCIL Cleveland, Cummins, Keane, Kelley, PRO TEMPORE Pro Tempore Polensek, Santiago, Westbrook. 216 City Hall 1:30 P.M. — City Planning Com- File No. 17-08. mittee: Cimperman, Chair, West- brook, Vice Chair, Conwell, Keane, January 7, 2008 PERMANENT SCHEDULE Lewis, Reed, Zone. Sandra Franklin STANDING COMMITTEES The following Committees are First Assistant Clerk OF THE COUNCIL subject to the Call of the Chair: Cleveland City Council 601 Lakeside Avenue 2006-2009 Rules Committee: Sweeney, Chair; Cleveland, Kelley, Pierce Scott, Cleveland, Ohio 44114 Polensek. MONDAY—Alternating Personnel and Operations Commit- Dear Mrs. Franklin: tee: Westbrook, Chair; Britt, Kelley, 9:30 A.M. — Public Parks, Prop- Pierce Scott, Santiago, Sweeney, White. You are hereby requested by erty & Recreation Committee: John- Mayor’s Appointment Committee: Cleveland City Council, without ob- son, Chair; White, Vice Chair; Bran- Coats, Chair; Pierce Scott, Kelley, jection, to serve as Clerk of Council catelli, Cummins, Kelley, Polensek, Sweeney, Westbrook. Pro Tempore for the purpose of the Turner. January 7, 2008 Council Meeting and 9:30 A.M. — Health & Human Ser- for the purpose of calling the Janu- vices Committee: Britt, Chair; Cleve- OFFICIAL PROCEEDINGS ary 14, 2008 Council Meeting to land, Vice Chair; Conwell, Kelley, order, until such time as the Coun- Reed, Santiago, Westbrook. CITY COUNCIL cil selects a Clerk of Council. You 11:00 A.M. — Public Service Com- ______are further requested, without objec- mittee: Brady, Chair; Turner, Vice tion, to serve as Clerk of Council Chair; Cleveland, Cummins, John- Cleveland, Ohio Pro Tempore for all matters requir- son, Polensek, Reed, Santiago, Monday, January 7, 2008 ing the Clerk’s signature until such White. The meeting of the Council was time as the Council selects a Clerk called to order, The President, Mar- 11:00 A.M. — Legislation Commit- of Council. tin J. Sweeney, in the Chair. tee: Cleveland, Chair; Keane, Vice Council Members present: Brady, Chair; Cimperman, Lewis, Pierce Your assistance is appreciated. Brancatelli, Cimperman, Cleveland, Scott, Reed, White. Coats, Conwell, Cummins, Johnson, Sincerely, Keane, Kelley, Polensek, Reed, San- MONDAY Martin J. Sweeney tiago, Pierce Scott, Sweeney, Turner, Council President Westbrook, White and Zone. 2:00 P.M. — Finance Committee: Also present were Mayor Frank G. Received. Sweeney, Chair; Cimperman, Vice Jackson; Ken Silliman, Chief of Chair; Brady, Brancatelli, Britt, Staff; Darnell Brown, Chief Operat- COMMUNICATIONS Coats, Conwell, Pierce Scott, West- ing Officer; Valarie J. McCall, Chief brook, White, Zone. of Government Affairs; Monyka S. File No. 18-08. Price, Chief of Education; Maureen From the Cuyahoga County Board TUESDAY Harper, Chief of Communications; of Elections — Certificate of Result Andrea V. Taylor, Press Secretary; of Election on Tax Levy in excess 9:30 A.M. — Community and Eco- Debra Linn Talley, Director of of the Ten Mill Limitation. Re- nomic Development Committee: Office of Equal Opportunity; and ceived. Pierce Scott, Chair; Brancatelli, Directors Triozzi, Dumas, Smith, Vice Chair; Brady, Cimperman, Wasik, Carroll, Flask, Cox, Rush, FROM DEPARTMENT OF Cummins, Coats, Lewis, Westbrook. Rybka, Hutchinson, Fumich, Griffin, LIQUOR CONTROL Zone. Brown, and Interim Director Weath- 1:30 P.M. — Employment, Affirma- ers. File No. 19-08. tive Action & Training Committee: Re: New Application — 7669694 — Lewis, Chair; Santiago, Vice Chair; Pursuant to Ordinance No. 2926-76, Afefah Sadik, d.b.a. Marvin Deli, Brancatelli, Coats, Conwell, John- a prayer was offered by Rev. Law- 3460 West 25th Street, first floor. son, Turner. rennce W. Boone, Pastor of Cove- (Ward 15). Received. 9 4 The City Record January 9, 2008

File No. 20-08. LLC, 19800 S. Waterloo Road and Res. No. 38-08—Clinton J. Brewer. Re: New Application — 8945413 — patio. (Ward 11). Received. Res. No. 39-08—Willie Fred Irvin Sophia Tirado, d.b.a. Lucky’s, 10330 Jackson. Lorain Avenue. (Ward 19). Re- File No. 28-08. Res. No. 40-08—Judge Norman A. ceived. Re: Transfer of Ownership Appli- Fuerst. cation — 0155498 — Ameline, Inc., Res. No. 41-08 — Thelma Lowe File No. 21-08. d.b.a. Back door Beverage, 568 East Cash. Re: New Application — 2911406 — 185th Street. (Ward 11). Received. Res. No. 42-08—Alfonso A. Greco. Free Phone For You, Inc., 13712 Res. No. 43-08—Louis J. Jesek. Lorain Avenue. (Ward 20). Re- File No. 29-08. Res. No. 44-08 — August “Augie” ceived. Re: Transfer of Ownership and Bossu. File No. 22-08. Location Application — 5316330 — Res. No. 45-08—David L. Brown. Re: New Application — 73153071349 Lovellees, Inc., d.b.a. Lovellees Res. No. 46-08—Elizabeth Harris. — Revco Discount Drug Centers, Pizzeria, 4462 Denison Avenue. Inc. d.b.a. CVS Pharmacy 4350, 13215 (Ward 15). Received. CONGRATULATION RESOLUTIONS Shaker Square. (Ward 4). Received. File No. 30-08. The rules were suspended and the File No. 23-08. Re: Stock Transfer Application — following Resolutions were adopted Re: New Application — 3939025 — 2405365 — East 152nd Inc., 657 East without objection: Dane K. Holt, d.b.a. Bow N Arrow 152nd Street. (Ward 10). Received. Deli, 12000 Superior Avenue, first Res. No. 47-08 — Inez Killings- floor. (Ward 9). Received. STATEMENT OF WORK worth. ACCEPTED Res. No. 48-08—Randolph “Randy” File No. 24-08. Kloos. Re: New Application — 5202368 — File No. 31-08. Res. No. 49-08—Anna Busse. Lilly Handmade Chocolates, Inc., From the Department of Public Res. No. 50-08—Edna B. Bell. d.b.a. Lilly Handmade Chocolates, Utilities — Contract No. PI 66949S A, Res. No. 51-08—Canary Lucious. 761 Starkweather Avenue. (Ward WPC Building Phase II Women’s Res. No. 52-08—Louis A. Frangos. 13). Received. Locker Room. Received. Res. No. 53-08—Rionero Sannitico.

File No. 25-08. CONDOLENCE RESOLUTIONS RECOGNITION RESOLUTIONS Re: Transfer of Ownership Appli- cation — 62772250005 — N. E. Ohio The rules were suspended and the The rules were suspended and the Petroleum Company, d.b.a. One Stop following Resolutions were adopted following Resolution was adopted Sunoco 5, 15240 Triskett Road. by a rising vote: without objection: (Ward 21). Received. Res. No. 32-08—Zora Meissner. Res. No. 54-08—Father Joseph Mc- File No. 26-08. Res. No. 33-08 — Cynthia Ann Ed- Nulty. Re: Transfer of Ownership Appli- mondson. cation — 0285321 — Derrick Arthur, Res. No. 34-08 — Matthew A. Pom- APPRECIATION RESOLUTION d.b.a. Impressions Beverages, 816 peani. East 125th Street. (Ward 9). Re- Res. No. 35-08 — Albert Charles The rules were suspended and the ceived. Little. following Resolution was adopted Res. No. 36-08 — Verlie Claxton without objection: File No. 27-08. Hightower. Re: Transfer of Ownership Appli- Res. No. 37-08—Arthur Lee Clax- Res. No. 55-08 — West Boulevard cation — 4248497 — Jas Bar & Grill, ton, Sr. Christian Church.

FIRST READING EMERGENCY ORDINANCES REFERRED

Ord. No. 1-08. By Council Member Sweeney. 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:

Claimant: Claim No. Amount Division Fund

Department of Building and Housing – Demolition Division

Heller, Karl 11919 $ 5,000.00 Demolition 01-800501-672000

Public Safety Department – EMS

Patrick, George 11980 $ 788.24 EMS 01-600402-672000 The Greater Regional Transit Authority (RTA) 12012 45.81 EMS 01-600402-672000

Police Public Safety Department – Police Department

The Hertz Corp. 11969 $ 1,500.00 Police 01-600202-672000 Geraci, Francesca 11995 500.00 Police 01-600202-672000 Billings, Anton 12002 180.00 Police 01-600202-672000 Berry, James, Sgt. 12011 250.00 Police 01-600202-672000 10 January 9, 2008 The City Record 5

Public Safety Department – Police Impound

Walker, Mitchell M., Jr. 12010 $ 823.00 Police - Impound 01-600202-672000

Public Health – Vital Statistics

Matos, Gabriel, Sr. and Ana Matos (Refund to son Gabriel Matos Jr.)

12006 $ 19.00 Vital Statistics 01-500502-672000

Department of Public Service – Streets Operations

Houi, Chiconna 11973 $ 500.00 Streets Operations 01-400609-672000

Department of Parks, Recreation and Property – Cemeteries

West, Helen 11971 $ 800.00 Cemeteries 01-701203-672000

Department of Parks, Recreation and Property – Park Maintenance

Smith, Mary 11972 $ 1,075.00 Park Maintenance 01-701205-672000 Jones, Caroline 11993 500.00 Park Maintenance 01-701205-672000

Department of Parks, Recreation and Property – Vacant Lots

Hunter, Jeannette P. 11978 $ 1,000.00 Vacant Lots 01-701205-672000 Clinkscales, Bridgett 11996 339.22 Vacant Lots 01-701205-672000 Rice, Rena I. 12007 100.00 Vacant Lots 01-701205-672000 Frazier, Gloria 12015 500.00 Vacant Lots 01-701205-672000

Department of Public Service – Division of Waste

Westley, Joseph G. 11970 $ 1,000.00 Waste Collection 01-400303-672000 Willard, Chris 11979 30.00 Waste Collection 01-400303-672000 Senior, Yvonne 11981 15.00 Waste Collection 01-400303-672000 Muhammad, Alkihidr 11982 15.00 Waste Collection 01-400303-672000 Gibson, Audrey 11984 335.40 Waste Collection 01-400303-672000 Tate, Valencia 11985 10.00 Waste Collection 01-400303-672000 Martin, James 11986 11.81 Waste Collection 01-400303-672000 Gatlin, Daisy 11988 15.00 Waste Collection 01-400303-672000 Gray, Kenya 11989 15.00 Waste Collection 01-400303-672000 Montgomery, Lorvonia 11991 15.00 Waste Collection 01-400303-672000 Richardson, Tim 11999 15.00 Waste Collection 01-400303-672000 Dotson, Rochelle R. 12000 15.00 Waste Collection 01-400303-672000 Lesti, Patricia 12001 30.00 Waste Collection 01-400303-672000 Wilson, Rita 12005 15.00 Waste Collection 01-400303-672000 Adams, Donna 12009 30.00 Waste Collection 01-400303-672000

Department of Water Pollution Control – WPC

Schobel, Raymond 04315 $ 610.00 WPC 54 SF 001 Harper, Bessie and Lee, George 03766 2,000.00 WPC 54 SF 001

Department of Water – WATER

Cairl, Sandra 04140 $ 2,000.00 Water 52 SF 001 Superior Restaurant 04175 5,000.00 Water 52 SF 001

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

11 6 The City Record January 9, 2008

Ord. No. 2-08. by such department or office for its shall take effect and be in force By Council Members Cleveland regular operation during the ensu- from and after the earliest period and Sweeney (by departmental re- ing year. Such estimate shall spec- allowed by law. quest). ify the quantity and character of Referred to Directors of Finance, An emergency ordinance to amend each item needed, in accordance Law; Committees on Legislation, Sections 181.02, 181.03, 181.06, and with standard specifications of the Finance. 181.09, of the Codified Ordinances of City. All such estimates shall be Cleveland, Ohio, 1976, as amended transmitted to the Commissioner of Ord. No. 3-08. by various ordinances, relating to Purchases and Supplies, who shall By Council Members Cleveland the authority of store rooms and prepare a summary statement and Sweeney (by departmental re- warehouses of the City. which shall show the total quanti- quest). Whereas, this ordinance consti- ties estimated to be required by all An emergency ordinance to amend tutes an emergency measure provid- departments and offices, of each Sections 181.102 of the Codified ing for the usual daily operation of item of such articles, commodities, Ordinances of Cleveland, Ohio, as a municipal department; now, there- supplies, equipment and materials. amended by Ordinance No. 1034-07, fore, The estimates and the summary passed August 8, 2007, relating to Be it ordained by the Council of shall show also the amount of all authorization to purchase software the City of Cleveland: such articles, commodities, supplies licenses, updates, upgrades, enhance- Section 1. That the following sec- or equipment and materials, esti- ments, training, technical support, tions of the Codified Ordinances of mated to be on hand or in stock in maintenance, and repairs. Cleveland, Ohio, 1976: such departments and offices, and Whereas, this ordinance consti- Sections 181.02, 181.03, and 181.06, the net quantities which it will be tutes an emergency measure provid- as amended by Ordinance No. 1119- necessary or advisable to purchase ing for the usual daily operation of 61, passed June 12, 1961, and during the ensuing year. The esti- a municipal department; now, there- Section 181.09, as amended by mates and the summary shall also fore, Ordinance No. 1286-96, passed Sep- show the quantity, character and Be it ordained by the Council of tember 30, 1996, estimated value of all articles, com- the City of Cleveland: are amended to read as follows: modities, supplies, equipment and Section 1. That Section 181.102 of materials or other property on hand the Codified Ordinances of Cleve- Section 181.02 Authority over Store- in the several departments, which land, Ohio, as amended by Ordi- rooms is no longer usable or needed and nance No. 1034-07, passed August 8, (a) The Directors of the various which may be condemned and sold 2007, is amended to read as follows: departments, under to the authority by the City. of Charter Sections 77 and 78, except Section 181.102 Authorization to to the extent provided in Section Section 181.06 Procedures for Re- Purchase Software Licenses, Up- 181.01, shall respectively supervise, quisitions dates, Upgrades, Enhancements, control, and have charge of all store- Requisitions for articles, com- Training, Technical Support, Main- rooms and warehouses established modities, supplies, materials or tenance and Repairs in the department under their equipment by any department or (a) When a director is authorized supervision, and all storekeepers, office shall be addressed to the Com- by ordinance after August 16, 2007 stockkeepers and other persons missioner of Purchases and Sup- to acquire a software system, the employed in such storerooms and plies, approved by the director of director of the department for which warehouses shall work under the such department or the head of such the purchase is made or the Direc- supervision and control of the Direc- office and shall cite the City’s stan- tor of Finance is authorized to enter tor of the respective department. dard specifications for the items into one or more standard purchase (b) The Directors of the various desired, or shall be accompanied by or requirement contracts duly let to departments shall have authority to samples or by adequate specifica- the lowest and best bidder as pro- increase or diminish the number of tions, or by both, in cases where the vided in Section 181.10, for one or storerooms and warehouses in their standard specifications are not more software licenses, updates, up- respective departments, with the applicable. If the department or grades, enhancements, training, tech- approval in each case of the Direc- office has available a sufficient nical support, maintenance, and re- tor of Finance. The Directors of the appropriation balance, the Commis- pair necessary to implement or sus- various City departments shall sioner shall procure them by pur- tain the authorized software system. cause to be kept adequate stock chase under a purchase contract pre- (b) When a director is authorized records, which shall at all times viously made or shall procure them by ordinance after August 16, 2007 show the number or amount and the by purchase in the market. to acquire a software system, the value of all items carried in the director of the department for which storerooms and warehouses estab- Section 181.09 Purchases Not Ex- the purchase is made or the Direc- lished in their respective depart- ceeding $1,000.00 tor of Finance is authorized to ac- ment; the receipt of all items by Notwithstanding, and as an ex- quire by contract or contracts with their respective storerooms and ception to the requirements set forth one or more software developers or warehouses, and the cost of all such in Section 181.08, whenever any vendors or one or more firms of soft- items, the issuance of all items by office or department requisitions ware developers or vendors, the soft- their respective storerooms and articles, commodities, supplies, ma- ware licenses, updates, upgrades, warehouses to City departments, terial or equipment which is seldom enhancements, training, technical divisions and offices upon requisi- needed and which costs a total of support, maintenance, and repair tion therefore and the charges made one thousand dollars ($1,000.00) or necessary to implement or sustain thereupon. On October 31 of each less, the Commissioner of Purchases the authorized software system. The year the Directors of the various and Supplies is authorized to pro- selection of the software developers departments shall cause an invento- cure such articles, commodities, sup- or vendors shall be made by the ry to be taken of all items in the plies, material or equipment by non- Board of Control on the nomination storerooms and warehouses estab- competitive purchase in the market of the director of the department for lished in their respective depart- for the best price obtainable, pro- which the purchase is made or the ment, compare such inventory with vided the approval of the Director Director of Finance from lists of the stock records of the same date of Finance is first obtained. qualified software developers or and furnish copies thereof to the Section 2. That the following vendors available for employment Director of Finance. existing sections of the Codified as may be determined after a full Ordinances of Cleveland, Ohio, 1976: and complete canvass by the direc- Section 181.03 Estimates and Sum- Sections 181.02, 181.03, and 181.06, tor of the department for which the mary of Requirements as amended by Ordinance No. 1119- purchase is made or the Director of On or before December 1 of each 61, passed June 12, 1961, and Finance for the purpose of compil- year, and at such other times as Section 181.09, as amended by ing the lists. The compensation to contracts for supplies are to be let, Ordinance No. 1286-96, passed Sep- be paid shall be fixed by the Board the director of each administrative tember 30, 1996, are repealed. of Control and paid from the annu- department or the responsible head Section 3. That this ordinance is al appropriation made for such pur- of each office other than an admin- declared to be an emergency mea- pose. The contract or contracts shall istrative department, shall submit sure and, provided it receives the be prepared by the Director of Law, to the Director of Finance an esti- affirmative vote of two-thirds of all approved by the director of the mate upon forms to be furnished by the members elected to Council, it department for which the purchase the Director, of all articles, com- shall take effect and be in force is made or the Director of Finance, modities, supplies, equipment and immediately upon its passage and and certified by the Director of materials anticipated to be needed approval by the Mayor; otherwise it Finance. 12 January 9, 2008 The City Record 7

(c) When a director is authorized Section 3. That this ordinance is Subject to zoning ordinances, if by ordinance after August 16, 2007 declared to be an emergency mea- any. to acquire a software system, the sure and, provided it receives the director of the department for which affirmative vote of two-thirds of all P. P. No. 124-02-021 the purchase is made or the Direc- the members elected to Council, it Situated in the City of Cleveland, tor of Finance is authorized to exe- shall take effect and be in force County of Cuyahoga and State of cute one or more license agreements immediately upon its passage and Ohio and known as being part of for software authorized directly approval by the Mayor; otherwise it Sublot Nos. 22 and 23, in Patten, with the firm or firms licensing the shall take effect and be in force Knowles and Slaber’s Re-Allotment software. The compensation to be from and after the earliest period of parts of Original One Hundred paid shall be fixed by the Board of allowed by law. Acre Lot Nos. 331 and 338, as shown Control and paid from the annual Referred to Directors of Finance, by the recorded plat in Volume 2 of appropriation made for such pur- Law; Committees on Legislation, Maps, Page 52 of Cuyahoga County pose. Finance. Records, and together forming a (d) When a director is authorized parcel of land bounded and de- by ordinance after the effective date Ord. No. 4-08. scribed as follows: of this division to enter into a con- By Council Member Cleveland. Beginning on the Westerly line tract with a software developer or An emergency ordinance authoriz- of East 66th Street (formerly Ceme- vendor identified in the authorizing ing the sale of real property as part tery Street) at a point distant 285 ordinance to acquire a software sys- of the Land Reutilization Program feet South of the Northeast corner tem, the director of the department and located on East 66th Street to of Sublot No. 20, in said Allotment for which the purchase is made or First Bethel Baptist Church. measured along the Westerly line the Director of Finance is autho- Whereas, the City of Cleveland of East 66th Street; thence Wester- rized to enter into one or more con- has elected to adopt and implement ly parallel with the Northerly line tracts with the software developer the procedures under Chapter 5722 of Sublot No. 23, a distance of 138 or vendor identified in the ordinance of the Ohio Revised Code to facili- feet to the rear line of said Sublot for professional services necessary tate reutilization of nonproductive No. 23; thence Northerly along the to perform as-needed services to lands situated within the City of Westerly or rear line of said Sublot implement or sustain the authorized Cleveland; and Nos. 22 and 23, a distance of 29 software system, including but not Whereas, real property acquired feet, 3 inches; thence Easterly par- limited to, integration, implementa- under the City’s Land Reutilization allel with the Northerly line of tion, migration, installation, design, Program is acquired, held, adminis- Sublot No. 23, a distance of 138 feet interfacing, maintenance, repair, up- tered and disposed of by the City of to the Westerly line of East 66th grades, enhancements, training, train- Cleveland through its Department of Street; thence Southerly along the ing registration, testing, and techni- Community Development under the Westerly line of East 66th Street, cal support. The compensation to be terms of Chapter 5722 of the Ohio 29 feet, 3 inches to the place of paid shall be fixed by the Board of Revised Code and Section 183.021 of beginning. Control and paid from the annual Codified Ordinances of the City of Subject to all legal highways. appropriation made for such pur- Cleveland, 1976; and pose. The contract or contracts shall Whereas, this ordinance consti- P. P. No. 124-02-022 be prepared by the Director of Law, tutes an emergency measure provid- Situated in the City of Cleveland, approved by the director of the ing for the usual daily operation of County of Cuyahoga and State of department for which the purchase a municipal department; now, there- Ohio, and known as being part of is made or the Director of Finance, fore, Sublot No. 23 in Patten, Knowles and certified by the Director of Be it ordained by the Council of and Slater’s Re-Allotment of Sublot Finance. the City of Cleveland: Nos. 24 to 27 inclusive and 36 to 39 (e) When a director is authorized Section 1. That pursuant to Sec- inclusive in Bomford and Butler’s by ordinance after the effective date tion 183.021 of the Codified Ordi- Allotment of part of Original One of this division to enter into a con- nances of Cleveland, Ohio, 1976, the Hundred Acre Lot Nos. 331 and 332, tract with a software developer or Commissioner of Purchases and Sup- as shown by the recorded plat in vendor selected by the Board of Con- plies is hereby authorized to sell the Volume 2 of Maps, Page 52 of Cuya- trol to acquire a software system, real property, more fully described the director of the department for below, to First Bethel Baptist hoga County Records, and bounded which the purchase is made or the Church. and described as follows: Director of Finance is authorized to Section 2. That the real property Commencing at a point in the enter into one or more contracts to be sold pursuant to this ordinance Westerly line of Cemetery Street, with the selected software develop- is more fully described as follows: now known as East 66th Street S.E., er or vendor for professional ser- 285 feet Southerly from the North- vices necessary to implement or sus- P. P. No. 124-02-020 east corner of Sublot No. 20 in said tain the authorized software system, Situated in the City of Cleveland, Re-Allotment; thence Westerly 138 including but not limited to, inte- County of Cuyahoga and State of feet; thence Southerly 30 feet; thence gration, implementation, migration, Ohio and known as being part of Easterly 138 feet to the Westerly installation, design, interfacing, main- Sublot No. 22 in Patten, Knowles line of Cemetery Street, now known tenance, repair, upgrades, enhance- and Slater Trustees’ Subdivision of as East 66th Street S.E.; thence ments, training, training registra- part of Original One Hundred Acre Northerly along Cemetery Street, tion, testing, and technical support. Lots Nos. 331 and 332, as shown by now known as East 66th Street S.E., The compensation to be paid shall the recorded plat in Volume 2 of 30 feet to the place of beginning, be be fixed by the Board of Control and Maps, Page 52 of Cuyahoga County the same more less, but subject to paid from the annual appropriation Records, and bounded and described all legal highways. made for such purpose. The contract as follows: Also subject to all zoning ordi- or contracts authorized shall be pre- Beginning on the Westerly line of nances, if any. pared by the Director of Law, East 66th Street, (formerly Cemetery Section 3. That all documents nec- approved by the director of the Street), at the Southeasterly corner essary to complete the conveyance department for which the purchase of land conveyed to Elizabeth Dunn, authorized by this ordinance shall is made or the Director of Finance, by deed dated November 29, 1873, be executed within six (6) months and certified by the Director of and recorded in Volume 222, Page of the effective date of this ordi- Finance. 459 of Cuyahoga County Records; nance. If all of the documents are (f) Nothing in this section shall thence Westerly along the Souther- not executed within six (6) months be construed to authorize the pur- ly line of land so conveyed to said of the effective date of this ordi- chase of any new software systems Elizabeth Dunn, 138 feet to the nance, or such additional time as or professional services that, in Westerly line of said Sublot No. 22; may be granted by the Director of the judgment of the Director of thence Southerly along said Wester- Community Development, this ordi- Finance, would significantly expand ly line of Sublot No. 22, 30 feet; nance shall be repealed and shall be the performance characteristics of a thence Easterly on a line parallel to of no further force or effect. software system beyond the capa- the Southerly line of land so con- Section 4. That the consideration bilities of the software system orig- veyed to said Elizabeth Dunn, 138 for the subject parcel shall be estab- inally authorized by ordinance. feet to the Westerly line of East lished by the Board of Control and Section 2. That existing Section 66th Street; thence Northerly along shall be not less than Fair Market 181.102 of the Codified Ordinances of said Westerly line of East 66th Value taking into account such Cleveland, Ohio, as amended by Street, 30 feet to the place of begin- terms and conditions, restrictions Ordinance No. 1034-07, passed August ning, be the same more or less, but and covenants as are deemed nec- 8, 2007, is repealed. subject to all legal highways. essary or appropriate. 13 8 The City Record January 9, 2008

Section 5. That the conveyance ests as may be specified by the immediately upon its passage and authorized hereby shall be made by Board of Control, the Director of approval by the Mayor; otherwise it official deed prepared by the Direc- Community Development or the shall take effect and be in force tor of Law and executed by the Director of Law. from and after the earliest period Mayor on behalf of the City of Section 6. That this ordinance is allowed by law. Cleveland. The deed shall contain hereby declared to be an emergency Referred to Directors of Commu- such provisions as may be necessary measure and, provided it receives nity Development, City Planning to protect and benefit the public the affirmative vote of two-thirds of Commission, Finance, Law; Commit- interest including such restrictive all the members elected to Council, tees on Community and Economic covenants and reversionary inter- it shall take effect and be in force Development, Finance.

FIRST READING ORDINANCE REFERRED

Ord. No. 5-08. By Council Member Cimperman. An ordinance to change the Use District of land at the northwest corner of West 11th Street and Fairfield Avenue from Multi-Family Residential to Local Retail Business (Map Change Number 2250, Sheet 7). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of land bounded and described as follows: Beginning in the centerline of Fairfield Avenue at its intersection with the centerline of West 11th Street; Thence westerly along said centerline of Fairfield Avenue to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed to Eikona Corporation by deed dated May 14th, 1999 and recorded in Cuyahoga County Auditor’s File Number 199905140210, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 004-09-039; Thence northerly along said southerly prolongation and westerly line to its intersection with the northerly line thereof; Thence easterly along said northerly line to its intersection with the easterly line thereof; Thence southerly along said easterly line approximately 5.82 feet to its intersection with the southerly line of a parcel of land conveyed to TC Pinnacle Properties LTD., by deed dated April 8th, 2002 and recorded in Cuyahoga County Auditor’s File Number 200204081317, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 004-09-108; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the centerline of West 11th Street; Thence southerly along said centerline of West 11th Street to its intersection with the centerline of Fairfield Avenue, said intersection also being the principal place of beginning, and as shaded on the attached map is changed to a Local Retail Business District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2250, Sheet No. 5 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.

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 14 January 9, 2008 The City Record 9

FIRST READING EMERGENCY issue a permit to the American shall take effect and be in force ORDINANCES READ IN FULL Heart Association to install, main- from and after the earliest period AND PASSED tain and remove a banner across allowed by law. East 9th Street near Jacobs Field, Motion to suspend rules. Charter Ord. No. 15-08. for the period from July 11, 2008 to and statutory provisions and place By Council Members Pierce Scott, August 10, 2008, inclusive. Said ban- on final adoption. Johnson and Sweeney (by depart- ner shall be approved by the Direc- The rules were suspended. Yeas mental request). tor of Public Service, in consultation 19. Nays 0. Read second time. Read An emergency ordinance authoriz- with the Director of Public Safety, third time in full. Adopted. Yeas 19. ing the Director of Parks, Recre- as to type, method of affixing and Nays 0. ation and Properties to enter into a location so as not to interfere with grant agreement with the United any sign erected and maintained Res. No. 7-08. Black Fund of Greater Cleveland under the requirements of law or By Council Member Cleveland. Inc., as the fiscal agent of the ordinance. The permission of the An emergency resolution object- African American Cultural Garden owner of any pole from which a ban- ing to a New C1 Liquor Permit at Society, to assist in establishing and ner will be hung must be obtained 7109 Central Avenue. developing the African American prior to issuance of the permit. No Whereas, Council has been noti- Cultural Garden. commercial advertising shall be fied by the Department of Liquor Whereas, this ordinance consti- printed or permitted on said banner Control of an application for a New tutes an emergency measure provid- and said banner shall be removed C1 Liquor Permit at New Central ing for the usual daily operation of promptly upon the expiration of said Foods, Inc., 7109 Central Avenue, a municipal department; now, there- permit. Cleveland, Ohio 44104, Permanent fore, Section 2. That this ordinance is Number 6367093; and Be it ordained by the Council of hereby declared to be an emergency Whereas, the granting of this the City of Cleveland: measure and, provided it receives application for a liquor permit to Section 1. That the Director of the affirmative vote of two-thirds of this high crime area, which is Parks, Recreation and Properties is all the members elected to Council, already saturated with other liquor authorized to enter into a grant it shall take effect and be in force outlets, is contrary to the best inter- agreement with the United Black immediately upon its passage and ests of the entire community; and Fund of Greater Cleveland Inc., as approval by the Mayor; otherwise, it Whereas, the applicant does not the fiscal agent of the African shall take effect and be in force qualify to be a permit holder and/or American Cultural Garden Society, from and after the earliest period has demonstrated that he has oper- to assist in establishing and devel- allowed by law. ated his liquor business in disregard oping the African American Cultur- Motion to suspend rules. Charter of the laws, regulations or local al Garden. and statutory provisions and place ordinances of this state or any other Section 2. That the costs of the on final passage. state; and grant shall not exceed an amount of The rules were suspended. Yeas Whereas, the place for which the $250,000 and shall be paid from 19. Nays 0. Read second time. Read permit is sought has not conformed Fund No. 10 SF 526, Request No. third time in full. Passed. Yeas 19. to the building, safety or health 112057. Nays 0. requirements of the governing body Section 3. That the agreement and of this County or City; and other appropriate documents needed FIRST READING EMERGENCY Whereas, the place for which the to complete the transaction autho- RESOLUTIONS READ IN FULL permit is sought is so arranged or rized by this legislation shall be pre- AND ADOPTED constructed that law enforcement pared by the Director of Law. officers or agents of the Department Section 4. That this ordinance is Res. No. 6-08. of Liquor Control are prevented rea- declared to be an emergency mea- By Council Member Cimperman. sonable access to the establishment; sure and, provided it receives the An emergency resolution withdraw- and affirmative vote of two-thirds of all ing objection to the renewal of a D5 Whereas, the place for which the the members elected to Council, it and D6 Liquor Permit at 612 Pros- permit is sought is so located with shall take effect and be in force pect Avenue and repealing Resolu- respect to the neighborhood that it immediately upon its passage and tion No. 1136-07, objecting to said substantially interferes with public approval by the Mayor; otherwise it renewal. decency, sobriety, peace or good shall take effect and be in force Whereas, this Council objected to order; and from and after the earliest period a D5 and D6 Liquor Permit to 612 Whereas, this objection is based on allowed by law. Prospect Avenue by Resolution No. other legal grounds as set forth in Motion to suspend rules. Charter 1136-07 adopted by the Council on Revised Code Section 4303.292; and and statutory provisions and place July 11, 2007; and Whereas, this resolution consti- on final passage. Whereas, this Council wishes to tutes an emergency measure provid- The rules were suspended. Yeas withdraw its objection to the above ing for the immediate preservation 19. Nays 0. Read second time. Read renewal and consents to said renew- of the public peace, prosperity, safe- third time in full. Passed. Yeas 19. al; and ty and welfare pursuant to Section Nays 0. Whereas, this resolution consti- 4303.26 of the Ohio Revised Code. tutes an emergency measure provid- Council’s objection to said permit Ord. No. 16-08. ing for the usual daily operation of must be received by the Director of By Council Member Cimperman. a municipal department; now, there- Liquor Control within 30 days of An emergency ordinance authoriz- fore, notification; now, therefore, ing and directing the Director of Be it resolved by the Council of Be it resolved by the Council of Public Service to issue a permit to the City of Cleveland: the City of Cleveland: the American Heart Association to Section 1. That objection to a D5 Section 1. That Council does here- stretch a banner across East 9th and D6 Liquor Permit to 612 Pros- by record its objection to a New C1 Street near Jacobs Field for the peri- pect Avenue, DBA Nick’s, 612 Pros- Liquor Permit at New Central od from July 11, 2008 to August 10, pect Avenue, Cleveland, Ohio 44115, Foods, Inc., 7109 Central Avenue, 2008, inclusive, publicizing the annu- Permanent Number 8200509, be and Cleveland, Ohio 44104, Permanent al Heart Walk at Gateway. the same is hereby withdrawn and Number 6367093; and requests the Whereas, this ordinance consti- Resolution No. 1136-07, containing Director of Liquor Control to set a tutes an emergency measure provid- such objection, be and the same is hearing for said application in ing for the usual daily operation of hereby repealed and that this Coun- accordance with provisions of Sec- a municipal department; now, there- cil consents to the immediate renew- tion 4303.26 of the Revised Code of fore, al thereof. Ohio. Be it ordained by the Council of Section 2. That this resolution is Section 2. That the Clerk of Coun- the City of Cleveland: hereby declared to be an emergency cil be and she is hereby directed to Section 1. That notwithstanding measure and, provided it receives transmit two certified copies of this the provision of Section 623.13 of the the affirmative vote of two-thirds of resolution, together with two copies Codified Ordinances, of Cleveland, all the members elected to Council, of a letter of objection and two Ohio, 1976, the Director of the it shall take effect and be in force copies of a letter requesting that the Department of Public Service is immediately upon its adoption and hearing be held in Cleveland, Cuya- hereby authorized and directed to approval by the Mayor; otherwise, it hoga County. 15 10 The City Record January 9, 2008

Section 3. That this resolution is this high crime area, which is Whereas, Council has been noti- hereby declared to be an emergency already saturated with other liquor fied by the Department of Liquor measure and, provided it receives outlets, is contrary to the best inter- Control of an application for a trans- the affirmative vote of two-thirds of ests of the entire community; and fer of stock of a C1 Liquor Permit all the members elected to Council, Whereas, the applicant does not at 657 East 152nd Street, Cleveland, it shall take effect and be in force qualify to be a permit holder and/or Ohio 44110, Permanent Number immediately upon its adoption and has demonstrated that he has oper- 2405365; and approval by the Mayor; otherwise, it ated his liquor business in disregard Whereas, the granting of this shall take effect and be in force of the laws, regulations or local application for a liquor permit to from and after the earliest period ordinances of this state or any other this high crime area, which is al- allowed by law. state; and ready saturated with other liquor Motion to suspend rules. Charter Whereas, the place for which the outlets, is contrary to the best inter- and statutory provisions and place permit is sought has not conformed ests of the entire community; and on final adoption. to the building, safety or health Whereas, the applicant does not The rules were suspended. Yeas requirements of the governing body qualify to be a permit holder and/or 19. Nays 0. Read second time. Read of this County or City; and has demonstrated that he has oper- third time in full. Adopted. Yeas 19. Whereas, the place for which the ated his liquor business in disregard Nays 0. permit is sought is so arranged or of the laws, regulations or local constructed that law enforcement ordinances of this state or any other Res. No. 8-08. officers or agents of the Department state; and By Council Member Cleveland. of Liquor Control are prevented rea- Whereas, the place for which the An emergency resolution with- sonable access to the establishment; permit is sought has not conformed drawing objection to the renewal of and to the building, safety or health a C2 and C2X Liquor Permit at 3609 Whereas, the place for which the requirements of the governing body Community College Avenue and re- permit is sought is so located with of this County or City; and pealing Resolution No. 1317-07, ob- respect to the neighborhood that it Whereas, the place for which the jecting to said renewal. substantially interferes with public permit is sought is so arranged or Whereas, this Council objected to decency, sobriety, peace or good constructed that law enforcement a C2 and C2X Liquor Permit to 3609 order; and officers or agents of the Department Community College Avenue by Res- Whereas, this objection is based on of Liquor Control are prevented rea- olution No. 1317-07 adopted by the other legal grounds as set forth in sonable access to the establishment; Council on August 22, 2007; and Revised Code Section 4303.292; and and Whereas, this Council wishes to Whereas, this resolution consti- Whereas, the place for which the withdraw its objection to the above tutes an emergency measure provid- permit is sought is so located with renewal and consents to said renew- ing for the immediate preservation respect to the neighborhood that it al; and of the public peace, prosperity, safe- substantially interferes with public Whereas, this resolution consti- ty and welfare pursuant to Section decency, sobriety, peace or good tutes an emergency measure provid- 4303.26 of the Ohio Revised Code. order; and ing for the usual daily operation of Council’s objection to said permit Whereas, this objection is based a municipal department; now, there- must be received by the Director of on other legal grounds as set forth fore, Liquor Control within 30 days of in Revised Code Section 4303.292; Be it resolved by the Council of notification; now, therefore, and the City of Cleveland: Be it resolved by the Council of Whereas, this resolution consti- Section 1. That objection to a C2 the City of Cleveland: tutes an emergency measure pro- and C2X Liquor Permit to Curtis Section 1. That Council does here- viding for the immediate preserva- Hunt, DBA Right On Time Food and by record its objection to a New C1 tion of the public peace, prosperi- Beverage, 3609 Community College Liquor Permit at General Petrol, ty, safety and welfare pursuant to Avenue, Cleveland, Ohio 44115, Per- Inc., DBA Sunoco, 2165 East 55th Section 4303.26 of the Ohio Revised manent Number 40739630001, be and Street, Cleveland, Ohio 44103, Per- Code. Council’s objection to said the same is hereby withdrawn and manent Number 31053890005; and permit must be received by the Resolution No. 1317-07, containing requests the Director of Liquor Con- Director of Liquor Control within such objection, be and the same is trol to set a hearing for said appli- 30 days of notification; now, there- hereby repealed and that this Coun- cation in accordance with provisions fore, cil consents to the immediate renew- of Section 4303.26 of the Revised Be it resolved by the Council of al thereof. Code of Ohio. the City of Cleveland: Section 2. That this resolution is Section 2. That the Clerk of Coun- Section 1. That Council does here- hereby declared to be an emergency cil be and she is hereby directed to by record its objection to a transfer measure and provided it receives the transmit two certified copies of this of stock of a C1 Liquor Permit at affirmative vote of two-thirds of all resolution, together with two copies 657 East 152nd Street, East 152nd, the members elected to Council, it of a letter of objection and two Inc., 657 East 152nd Street, Cleve- shall take effect and be in force copies of a letter requesting that the land, Ohio 44110, Permanent Number immediately upon its adoption and hearing be held in Cleveland, Cuya- 2405365, and requests the Director of approval by the Mayor; otherwise, it hoga County. Liquor Control to set a hearing for shall take effect and be in force Section 3. That this resolution is said application in accordance with from and after the earliest period hereby declared to be an emergency provisions of Section 4303.26 of the allowed by law. measure and, provided it receives Revised Code of Ohio. Motion to suspend rules. Charter the affirmative vote of two-thirds of Section 2. That the Clerk of Coun- and statutory provisions and place all the members elected to Council, cil be and she is hereby directed to on final adoption. it shall take effect and be in force transmit two certified copies of this The rules were suspended. Yeas immediately upon its adoption and resolution, together with two copies 19. Nays 0. Read second time. Read approval by the Mayor; otherwise, it of a letter of objection and two third time in full. Adopted. Yeas 19. shall take effect and be in force copies of a letter requesting that the Nays 0. from and after the earliest period hearing be held in Cleveland, Cuya- allowed by law. hoga County. Res. No. 9-08. Motion to suspend rules. Charter Section 3. That this resolution is By Council Member Cleveland. and statutory provisions and place hereby declared to be an emergency An emergency resolution object- on final adoption. measure and provided it receives the ing to a New C1 Liquor Permit at The rules were suspended. Yeas affirmative vote of two-thirds of all 2165 East 55th Street. 19. Nays 0. Read second time. Read the members elected to Council, it Whereas, Council has been noti- third time in full. Adopted. Yeas 19. shall take effect and be in force fied by the Department of Liquor Nays 0. immediately upon its adoption and Control of an application for a New approval by the Mayor; otherwise, it C1 Liquor Permit at General Petrol, Res. No. 10-08. shall take effect and be in force Inc., DBA Sunoco, 2165 East 55th By Council Member Coats. from and after the earliest period Street, Cleveland, Ohio 44103, Per- An emergency resolution object- allowed by law. manent Number 31053890005; and ing to the transfer of stock of a C1 Motion to suspend rules. Charter Whereas, the granting of this Liquor Permit to 657 East 152nd and statutory provisions and place application for a liquor permit to Street. on final adoption. 16 January 9, 2008 The City Record 11

The rules were suspended. Yeas it shall take effect and be in force ing for the usual daily operation of 19. Nays 0. Read second time. Read immediately upon its adoption and a municipal department; now, there- third time in full. Adopted. Yeas 19. approval by the Mayor; otherwise, it fore, Nays 0. shall take effect and be in force Be it resolved by the Council of from and after the earliest period the City of Cleveland: Res. No. 11-08. allowed by law. Section 1. That objection to a C1 By Council Member Pierce Scott. Motion to suspend rules. Charter Liquor Permit to Clark Mart Corp., An emergency resolution object- and statutory provisions and place DBA Clark Sunoco, 3726 Clark Ave- ing to a New C1 Liquor Permit at on final adoption. nue, Cleveland, Ohio 44113, Perma- 10109-11 St. Clair Avenue. The rules were suspended. Yeas nent Number 1525480 be and the Whereas, Council has been noti- 19. Nays 0. Read second time. Read same is hereby withdrawn and Res- fied by the Department of Liquor third time in full. Adopted. Yeas 19. olution No. 1667-07, containing such Control of an application for a New Nays 0. objection, be and the same is here- C1 Liquor Permit at 1ST Stop Shop by repealed and that this Council LLC, DBA 1st Stop Shop, 10109-11 St. Res. No. 12-08. consents to the immediate transfer Clair Avenue, Cleveland, Ohio 44108, By Council Member Reed. thereof. Permanent Number 2739515; and An emergency resolution withdraw- Section 2. That this resolution is Whereas, the granting of this ing objection to the renewal of a C2 hereby declared to be an emergency application for a liquor permit to and C2X Liquor Permit at 14101 1/2 measure and provided it receives the this high crime area, which is Kinsman and repealing Resolution affirmative vote of two-thirds of all already saturated with other liquor No. 1121-07, objecting to said renew- the members elected to Council, it outlets, is contrary to the best inter- al. shall take effect and be in force ests of the entire community; and Whereas, this Council objected immediately upon its adoption and Whereas, the applicant does not to a C2 and C2X Liquor Permit to approval by the Mayor; otherwise, it qualify to be a permit holder and/or 14101 1/2 Kinsman by Resolution shall take effect and be in force has demonstrated that he has oper- No. 1121-07 adopted by the Council from and after the earliest period ated his liquor business in disregard on July 11, 2007; and allowed by law. of the laws, regulations or local Whereas, this Council wishes to Motion to suspend rules. Charter withdraw its objection to the above ordinances of this state or any other and statutory provisions and place renewal and consents to said renew- state; and on final adoption. al; and Whereas, the place for which the The rules were suspended. Yeas Whereas, this resolution consti- permit is sought has not conformed 19. Nays 0. Read second time. Read tutes an emergency measure provid- to the building, safety or health third time in full. Adopted. Yeas 19. ing for the usual daily operation of requirements of the governing body Nays 0. a municipal department; now, there- of this County or City; and fore, Whereas, the place for which the Res. No. 14-08. Be it resolved by the Council of permit is sought is so arranged or By Council Member Santiago. the City of Cleveland: An emergency resolution with- constructed that law enforcement Section 1. That objection to a C2 drawing objection to the renewal of officers or agents of the Department and C2X Liquor Permit to Zetawi, of Liquor Control are prevented rea- Inc., DBA Mount Pleasant Beverage, a D1, D2, D3 and D3A Liquor Per- sonable access to the establishment; 14101 1/2 Kinsman, Cleveland, Ohio mit at 5004 Storer, and repealing and 44120, Permanent Number 99020560001, Resolution No. 1338-07, objecting to Whereas, the place for which the be and the same is hereby with- said renewal. permit is sought is so located with drawn and Resolution No. 1121-07, Whereas, this Council objected to respect to the neighborhood that it containing such objection, be and a D1, D2, D3 and D3A Liquor Per- substantially interferes with public the same is hereby repealed and mit to 5004 Storer by Resolution No. decency, sobriety, peace or good that this Council consents to the 1338-07 adopted by the Council on order; and immediate renewal thereof. August 8, 2007; and Whereas, this objection is based Section 2. That this resolution is Whereas, this Council wishes to on other legal grounds as set forth hereby declared to be an emergency withdraw its objection to the above in Revised Code Section 4303.292; measure and provided it receives the renewal and consents to said renew- and affirmative vote of two-thirds of all al; and Whereas, this resolution consti- the members elected to Council, it Whereas, this resolution consti- tutes an emergency measure provid- shall take effect and be in force tutes an emergency measure provid- ing for the immediate preservation immediately upon its adoption and ing for the usual daily operation of of the public peace, prosperity, safe- approval by the Mayor; otherwise, it a municipal department; now, there- ty and welfare pursuant to Section shall take effect and be in force fore, 4303.26 of the Ohio Revised Code. from and after the earliest period Be it resolved by the Council of Council’s objection to said permit allowed by law. the City of Cleveland: must be received by the Director of Motion to suspend rules. Charter Section 1. That objection to a D1, Liquor Control within 30 days of and statutory provisions and place D2, D3 and D3A Liquor Permit to notification; now, therefore, on final adoption. Santiago Sanchez Entertainment Be it resolved by the Council of The rules were suspended. Yeas Group LLC, 5004 Storer, Cleveland, the City of Cleveland: 19. Nays 0. Read second time. Read Ohio 44102, Permanent Number Section 1. That Council does here- third time in full. Adopted. Yeas 19. 7709514, be and the same is hereby by record its objection to a New C1 Nays 0. withdrawn and Resolution No. 1338- Liquor Permit at 1st Stop Shop LLC, 07, containing such objection, be and DBA 1st Stop Shop, 10109-11 St. Clair Res. No. 13-08. the same is hereby repealed and Avenue, Cleveland, Ohio 44108, Per- By Council Member Santiago. that this Council consents to the manent Number 2739515; and re- An emergency resolution withdraw- immediate renewal thereof. quests the Director of Liquor Con- ing objection to the renewal of a C1 Section 2. That this resolution is trol to set a hearing for said appli- Liquor Permit at 3726 Clark Avenue, hereby declared to be an emergency cation in accordance with provisions and repealing Resolution No. 1667-07, measure and provided it receives the of Section 4303.26 of the Revised objecting to said transfer. affirmative vote of two-thirds of all Code of Ohio. Whereas, this Council objected to the members elected to Council, it Section 2. That the Clerk of Coun- the transfer of ownership of a C1 shall take effect and be in force cil be and she is hereby directed to Liquor Permit to Clark Mart Corp., immediately upon its adoption and transmit two certified copies of this DBA Clark Sunoco, 3726 Clark Ave- approval by the Mayor; otherwise, it resolution, together with two copies nue, Cleveland, Ohio 44113, Perma- shall take effect and be in force of a letter of objection and two nent No. 1525480, by Resolution No. from and after the earliest period copies of a letter requesting that the 1667-07 adopted by the Council on allowed by law. hearing be held in Cleveland, Cuya- October 8, 2007; and Motion to suspend rules. Charter hoga County. Whereas, this Council wishes to and statutory provisions and place Section 3. That this resolution is withdraw its objection to the above on final adoption. hereby declared to be an emergency transfer and consents to said trans- The rules were suspended. Yeas measure and, provided it receives fer; and 19. Nays 0. Read second time. Read the affirmative vote of two-thirds of Whereas, this resolution consti- third time in full. Adopted. Yeas 19. all the members elected to Council, tutes an emergency measure provid- Nays 0. 17 12 The City Record January 9, 2008

SECOND READING EMERGENCY more contracts for the purchase of MOTION ORDINANCES PASSED materials, equipment, supplies, and services for the program. By Council Member Brancatelli, Ord. No. 1613-07. Approved by Directors of Public seconded by Council Member John- By Council Member White. Service, Finance, Law; Passage rec- son, and unanimously carried that An emergency ordinance authoriz- ommended by Committees on Public the absence of Council Members ing the sale of real property as part Service, Finance. Patricia J. Britt and Fannie M. of the Land Reutilization Program The rules were suspended. Yeas Lewis, be and is hereby authorized. and located on East 116th Street to 19. Nays 0. Read second time. Read Margaret P. Tod Gregory. third time in full. Passed. Yeas 19. MOTION Approved by Directors of Commu- Nays 0. nity Development, City Planning The Council Meeting adjourned at 7:22 p.m. to meet at 7:00 p.m. on Mon- Commission, Finance, Law; Relieved Ord. No. 1978-07. day, January 14, 2008 in the Council of Committee on Community and By Council Members Sweeney, Chambers. Economic Development; Passage Pierce Scott and Cimperman (by de- recommended by Committee on partmental request). Finance. An emergency ordinance autho- The rules were suspended. Yeas rizing the Director of Economic 19. Nays 0. Read second time. Read Development to enter into an Enter- third time in full. Passed. Yeas 19. prise Zone Agreement with Blue 22 Nays 0. LTD. to provide for a 10-year, 35 percent tax abatement for certain Ord. No. 1874-07. real property improvements in the Sandra Franklin By Council Members Brady and form of new construction and site City Clerk, Clerk of Council Sweeney (by departmental request). improvements associated with the Pro Tempore An emergency ordinance to amend construction of a new office build- Section 4 of Ordinance No. 489-07, ing located at 4725 Grayton Road in passed June 4, 2007, relating to the the Cleveland Area Enterprise THE CALENDAR public improvement of rehabilitat- Zone. ing, renovating, reconstructing or Approved by Directors of Eco- otherwise improving various Depart- nomic Development, City Planning The following measures will be on ment of Parks, Recreation and Commission, Finance, Law; Relieved their final passage at the next meet- Properties facilities, authorizing the of Committees on Community and ing: Director of Public Service to con- Economic Development, City Plan- NONE struct the improvements, and to em- ning; Passage recommended by Com- ploy one or more professional con- mittee on Finance. sultants to implement the improve- The rules were suspended. Yeas ment. 19. Nays 0. Read second time. Read BOARD OF CONTROL Approved by Directors of Public third time in full. Passed. Yeas 19. Service, Finance, Law; Passage rec- Nays 0. ommended by Committees on Public January 2, 2008 Service, Finance. LAID ON THE TABLE The rules were suspended. Yeas The regular meeting of the Board 19. Nays 0. Read second time. Read Ord. No. 1371-05. of Control convened in the Mayor’s third time in full. Passed. Yeas 19. By Council Members Lewis, White office on Wednesday, January 2, Nays 0. and Jackson (by departmental re- 2008, at 10:30 a.m. with Director quest). Triozzi presiding. Ord. No. 1921-07. An emergency ordinance to amend Present: Directors Triozzi, Dumas, By Council Members Brady and Section 663.05 of the Codified Ordi- Acting Director Withers, Directors Sweeney (by departmental request). nances of Cleveland, Ohio, 1976, as Smith, Wasik, Carroll, Flask, Cox, An emergency ordinance authoriz- enacted by Ordinance No. 1065-B-82, Rush, Hutchinson, Acting Director Pesti, Directors Fumich and Rybka. ing the purchase by one or more passed March 7, 1983, relating to requirement contracts of rock salt, Absent: Mayor Jackson and Direc- administration of the Fair Employ- for the Division of Streets, Depart- tor Guzman. ment Practices chapter of the codi- ment of Public Service. Others: Jim Hardy, Commissioner, fied ordinances. Approved by Directors of Public Purchases and Supplies. Service, Finance, Law; Passage rec- Debra Linn Talley, Director, Ord. No. 1933-07. ommended by Committees on Public Office of Equal Opportunity. By Council Members Brady and Service, Finance; when amended as On motions, the following resolu- Sweeney (by departmental request). follows: tions were adopted, except as may An emergency ordinance authoriz- 1. In Section 2, line 1, after “shall” be otherwise noted: ing the purchase by one or more insert “not exceed $3,000,000 and requirement contracts of gutter shall”. Resolution No. 1-08. Amendment agreed to. broom sets, coreless tube brooms By Director Dumas. The rules were suspended. Yeas and gutter brooms for Vac-all type Resolved by the Board of Control 19. Nays 0. Read second time. Read sweepers, for the Division of Streets, of the City of Cleveland, that under Section 101 of the Charter, Section third time in full. Passed. Yeas 19. Department of Public Service. 181.19 of the Codified Ordinances of Nays 0. Cleveland, Ohio, 1976, and Resolu- In compliance with Section 33 of Ord. No. 1934-07. tion No. 921-52, adopted by the Board the Charter, a copy of the legisla- By Council Members Brady and Sweeney (by departmental request). of Control on November 26, 1952, the tion was furnished to each member report of the Commissioner of Pur- of Council before final passage. An emergency ordinance authoriz- ing the purchase by one or more chases and Supplies for the sale of scrap, personal property, and by- requirement contracts of SSI tack Ord. No. 1931-07. products during the month of coat, for the Division of Streets, By Council Members Brady and December, 2007 in the amount of Department of Public Service. Sweeney (by departmental request). $11,121.99 attached and made a part An emergency ordinance authoriz- Without objection, Ordinance No. of this resolution, is received, ap- ing the Director of Public Service to 1371-05, Ordinance No. 1933-07, Ordi- proved and ordered filed. apply for and accept a grant from nance No. 1934-07 were relieved of Yeas: Directors Triozzi, Dumas, the Ohio Department of Natural Re- further consideration of all commit- Acting Director Withers, Directors sources for the 2008 Community De- tees and laid on the table pursuant Smith, Wasik, Carroll, Flask, Cox, velopment Grant (Recycle Ohio) to the Rules of Council. Rush, Hutchinson, Acting Director Program; authorizing the Director to The rules were suspended. Yeas Pesti, Directors Fumich and Rybka. enter into one or more contracts 19. Nays 0. Ordinance No. 1371-05, Nays: None. with various agencies to implement Ordinance No. 1933-07, Ordinance No. Absent: Mayor Jackson and Direc- the program; and authorizing one or 1934-07 laid on the table. tor Guzman. 18 January 9, 2008 The City Record 13

Resolution No. 2-08. may be ordered under subsequent nance No. 68-98, passed by the By Director Dumas. requisitions separately certified Council of the City of Cleveland on Resolved, by the Board of Control against the contract. October 19, 1998 as amended by of the City of Cleveland that the Be it further resolved by the Ordinance No. 94-99, passed on bid of Erie Materials, Inc. for an Board of Control of the City of March 1, 1999, Brown and Caldwell estimated quantity of building Cleveland that the employment of Ohio, LLC is selected from a list of materials and used bricks, for the following subcontractors by firms determined after a full and group A item No. 4 (sizes 1, 57, 67, Interstate Safety & Service Co., Inc., complete canvass by the Director 8, 9 and 304) for the various divi- for the above-mentioned service is of Public Utilities as the firm to be sions of City government, for a hereby approved: employed by contract to provide period of one year starting upon Design Engineering Services for the later of execution of the con- Granger Trucking the Baldwin Residuals and Fair- tract or the day following expira- MBE — $51,322.00 — 15.00% mount Reservoir Project, for the tion of the currently effective con- (item 4 size 10) only Division of Water, Department of tract, received on November 16, Public Utilities. 2007, under the authority of Ordi- Yeas: Directors Triozzi, Dumas, Be it further resolved that the nance No. 1724-07, passed on Octo- Acting Director Withers, Directors Director of Public Utilities is ber 29, 2007, which on the basis of Smith, Wasik, Carroll, Flask, Cox, authorized to enter into a contract the estimated quantity would Rush, Hutchinson, Acting Director with Brown and Caldwell Ohio, amount to $860,500.00, is affirmed Pesti, Directors Fumich and Rybka. LLC based upon its revised pro- and approved as the lowest and Nays: None. posal dated, October 26, 2007, best bid, and the Director of Absent: Mayor Jackson and Direc- which contract shall be prepared Finance is requested to enter into tor Guzman. by the Director of Law, shall pro- a requirement contract for the vide for furnishing of professional goods and/or services, which shall Resolution No. 4-08. services described in the proposal, By Interim Director Withers. provide for the immediate purchase for an aggregate fee not exceeding Whereas, Board of Control Reso- as the initial amount of the con- $2,215,086.00, and shall contain tract of the following: lutions Nos. 245-07 and 246-07, both such additional provisions as the adopted May 23, 2007, authorized Director of Law deems necessary Requisition No. 169963 the Director of Public Utilities to to protect and benefit the public which shall be certified against the enter into contracts with Noce interest. contract in the sum of $150,000.00. Enterprises, Inc. for labor and Be it further resolved that the The requirement contract shall materials necessary to repair or employment of the following sub- further provide that the Contractor replace water mains, fire hydrants, contractors by Brown and Caldwell shall furnish the remainder of the valves, service connections and Ohio, LLC for the above-mentioned City’s requirements for the goods appurtenances for Area A and Area professional services is approved: and/or services, whether more or B, respectively, for the Division of less than the estimated quantity, as Water, Department of Public Utili- may be ordered under subsequent ties, and approved Libby Construc- SUBCONTRACTOR WORK requisitions separately certified tion Co., Inc. as a subcontractor to PERCENTAGE against the contract. Noce Enterprises under each con- Yeas: Directors Triozzi, Dumas, tract; and SOMAT Engineering, Acting Director Withers, Directors Whereas, the owner of Libby Con- Inc. (MBE) $220,034.00 Smith, Wasik, Carroll, Flask, Cox, struction Co., Inc., has plead guilty 9.93% Rush, Hutchinson, Acting Director to charges of criminal conduct with Pesti, Directors Fumich and Rybka. respect to previous Division of Robert P. Madison Nays: None. Water contracts; now, therefore, International, Inc. Absent: Mayor Jackson and Direc- Be it resolved by the Board of (MBE) $112,629.00 tor Guzman. Control of the City of Cleveland 5.08% that Resolutions Nos. 245-07 and Resolution No. 3-08. 246-07, both adopted by this Board AA Blueprint Co., Inc. By Director Dumas. May 23, 2007, authorizing the Direc- (FBE) $ 14,200.00 Resolved, by the Board of Control tor of Public Utilities to enter into 0.64% of the City of Cleveland that the bid contracts with Noce Enterprises, of Interstate Safety & Service Co., Inc. for labor and materials neces- Resource International, sary to repair or replace water Inc., for an estimated quantity of Inc. (FBE) $100,402.00 building materials and used bricks, mains, fire hydrants, valves, ser- 4.53% for group A item No. 2, 3, 4 (size vice connections and appurtenances 10), 20 and 21, for the various divi- for Area A and Area B, respective- EE&T $486,771.00 sions of City government, for a ly, for the Division of Water, 21.98% period of one year starting upon the Department of Public Utilities, are later of execution of the contract or amended by rescinding the the day following expiration of the approval of Libby Construction Co., Yeas: Directors Triozzi, Dumas, currently effective contract, re- Inc. as a subcontractor to Noce Acting Director Withers, Directors ceived on November 16, 2007, under Enterprises under each contract, Smith, Wasik, Carroll, Flask, Cox, the authority of Ordinance No. 1724- effective upon the adoption of this Rush, Hutchinson, Acting Director 07, passed on October 29, 2007, which resolution. Pesti, Directors Fumich and Rybka. on the basis of the estimated quan- Be it further resolved that all Nays: None. tity would amount to $886,575.00, is other provisions of Resolutions Nos. Absent: Mayor Jackson and Direc- affirmed and approved as the low- 245-07 and 246-07 not expressly tor Guzman. est and best bid, and the Director of amended above shall remain un- Finance is requested to enter into a changed and in full force and Resolution No. 6-08. requirement contract for the goods effect. By Interim Director Withers. and/or services, which shall provide Yeas: Directors Triozzi, Dumas, Be it resolved by the Board of for the immediate purchase as the Acting Director Withers, Directors Control of the City of Cleveland that initial amount of the contract of the Smith, Wasik, Carroll, Flask, Cox, the employment of the following following: Rush, Hutchinson, Acting Director subcontractors for the contract Pesti, Directors Fumich and Rybka. awarded to Northeast Ohio Trench- Requisition No. 169968 Nays: None. ing Services, Inc. under the author- which shall be certified against the Absent: Mayor Jackson and Direc- ity of Ordinance No. 831-07, passed contract in the sum of $100,000.00. tor Guzman. August 8, 2007 and Board of Control The requirement contract shall Resolution No. 665-07, adopted on further provide that the Contractor Resolution No. 5-08. December 19, 2007 for the West shall furnish the remainder of the By Interim Director Withers. 127th Street Sewer Replacement Pro- City’s requirements for the goods Be it resolved by the Board of ject for the Department of Public and/or services, whether more or Control of the City of Cleveland Utilities, Division of Water Pollu- less than the estimated quantity, as that under the authority of Ordi- tion Control is approved: 19 14 The City Record January 9, 2008

Subcontractor Work is affirmed and approved as the low- that the bid of Integrated Power MBE/FBE est and best bid, and the Director of Services, LLC, for an estimated Public Utilities is requested to enter quantity of labor and materials to McTech Corp./dba into a requirement contract for the maintain and repair water pumps, Tech Ready Mix labor and materials, which shall including electric motors, controls MBE $138,000.00 provide for the immediate purchase and appurtenances, Option 2, items (20.52%) as the initial amount of the contract 5-all items and 6-all items, for the of the following: Division of Water, Department of Friedel Trucking Public Utilities, for a period of two FBE $ 31,000.00 Requisition No. 169961 years starting upon the later of (4.61%) which shall be certified against such execution of the contract or the day contract in the sum of $27,409.00. following expiration of the current- LV Surveying The requirement contract shall fur- ly effective contract for the labor FBE $ 1,525.00 ther provide that the Contractor will and materials, received on October (.23%) furnish the remainder of the require- 31, 2007 under the authority of Ordi- ment for the labor and materials, nance No. 250-07, passed March 12, Yeas: Directors Triozzi, Dumas, whether more or less than the esti- 2007, which on the basis of the esti- Acting Director Withers, Directors mated quantity, as may be ordered mated quantity would amount to Smith, Wasik, Carroll, Flask, Cox, under subsequent requisitions sepa- $194,824.00 (0%, 30 Days), is Rush, Hutchinson, Acting Director rately certified against the contract. affirmed and approved as the low- Pesti, Directors Fumich and Rybka. Yeas: Directors Triozzi, Dumas, est and best bid, and the Director Nays: None. Acting Director Withers, Directors of Public Utilities is requested to Absent: Mayor Jackson and Direc- Smith, Wasik, Carroll, Flask, Cox, enter into a requirement contract tor Guzman. Rush, Hutchinson, Acting Director for the labor and materials, which Pesti, Directors Fumich and Rybka. shall provide for the immediate pur- Resolution No. 7-08. Nays: None. chase as the initial amount of the By Interim Director Withers. Absent: Mayor Jackson and Direc- contract of the following: Be it resolved by the Board of tor Guzman. Control of the City of Cleveland that Requisition No. 169962 the employment of the following Resolution No. 9-08. which shall be certified against such subcontractors for the contract By Interim Director Withers. contract in the sum of $10,000.00. awarded to Granger Trucking, Inc. Be it resolved by the Board of The requirement contract shall under the authority of Section 129.29 Control of the City of Cleveland that further provide that the Contractor of the Codified Ordinances of Cleve- the bid of Hannon Electric Compa- will furnish the remainder of the land, Ohio, 1976, and Board of Con- ny for an estimated quantity of requirement for the labor and mate- trol Resolution No. 646-07, adopted labor and materials to maintain and rials, whether more or less than the on December 5, 2007 for the Disposal repair water pumps, including elec- estimated quantity, as may be of Catch Basin Debris for the tric motors, controls and appurte- ordered under subsequent requisi- Department of Public Utilities, Divi- nances, Option 2, items 1-all items, tions separately certified against sion of Water Pollution Control is 2-all items, 3-all items, 4-all items, 7- the contract. approved: all items, 8-all items, 9-all items, 10- Yeas: Directors Triozzi, Dumas, all items and 17-all items, for the Acting Director Withers, Directors Subcontractor Work Division of Water, Department of Smith, Wasik, Carroll, Flask, Cox, MBE/FBE Public Utilities, for a period of two Rush, Hutchinson, Acting Director years starting upon the later of exe- Pesti, Directors Fumich and Rybka. Lito Trucking, Inc. cution of the contract or the day fol- Nays: None. MBE $23,625.00 (7%) lowing expiration of the currently Absent: Mayor Jackson and Direc- effective contract for the labor and tor Guzman. Genley Transfer, Inc. materials, received on October 31, MBE $ 3,150.00 (1%) 2007 under the authority of Ordi- Resolution No. 11-08. nance No. 250-07, passed March 12, By Director Wasik. Interstate Safety 2007, which on the basis of the esti- Be it resolved by the Board of Services mated quantity would amount to Control of the City of Cleveland that FBE $ 7,875.00 (2%) $1,067,290.00 (1/2%, 10 Days), is the bid of Delta Industrial Services, affirmed and approved as the low- Inc., for the public improvement of Yeas: Directors Triozzi, Dumas, est and best bid, and the Director of the building improvements for the Acting Director Withers, Directors Public Utilities is requested to enter duct cleaning at select Department Smith, Wasik, Carroll, Flask, Cox, into a requirement contract for the of Public Safety facilities, base bid, Rush, Hutchinson, Acting Director labor and materials, which shall pro- and alternate 1, for the Department Pesti, Directors Fumich and Rybka. vide for the immediate purchase as of Public Service, received on Nays: None. the initial amount of the contract of November 8, 2007, under the author- Absent: Mayor Jackson and Direc- the following: ity of Ordinance No. 888-06, passed tor Guzman. August 9, 2006, for a gross price for Requisition No. 169960 the improvement in the aggregate Resolution No. 8-08. which shall be certified against such amount of $63,100.00, is affirmed and By Interim Director Withers. contract in the sum of $53,370.00. approved as the lowest responsible Be it resolved by the Board of The requirement contract shall bidder, and the Director of Public Control of the City of Cleveland that further provide that the Contractor Service is authorized to enter into the bid of The Wm. Plotz Machine will furnish the remainder of the contract for the improvement with & Forge Co., Inc. for an estimated requirement for the labor and mate- the bidder. quantity of labor and materials to rials, whether more or less than the Yeas: Directors Triozzi, Dumas, maintain and repair water pumps, estimated quantity, as may be Acting Director Withers, Directors including electric motors, controls ordered under subsequent requisi- Smith, Wasik, Carroll, Flask, Cox, and appurtenances, Option 2, items tions separately certified against Rush, Hutchinson, Acting Director 11-all items, 12-all items, 13-all items, the contract. Pesti, Directors Fumich and Rybka. 14-all items, 15-all items and 16-all Yeas: Directors Triozzi, Dumas, Nays: None. items, for the Division of Water, Acting Director Withers, Directors Absent: Mayor Jackson and Direc- Department of Public Utilities, for a Smith, Wasik, Carroll, Flask, Cox, tor Guzman. period of two years starting upon Rush, Hutchinson, Acting Director the later of execution of the con- Pesti, Directors Fumich and Rybka. Resolution No. 12-08. tract or the day following expiration Nays: None. By Director Wasik. of the currently effective contract Absent: Mayor Jackson and Direc- Be it resolved, by the Board of for the labor and materials, received tor Guzman. Control of the City of Cleveland that on October 31, 2007 under the author- the bid of Truck Service, Inc., d.b.a. ity of Ordinance No. 250-07, passed Resolution No. 10-08. Cleveland Spring Service for an March 12, 2007, which on the basis By Interim Director Withers. estimated quantity of various of the estimated quantity would Be it resolved by the Board of auto/truck spring parts and repair, amount to $548,166.00 (2% 15, N 30), Control of the City of Cleveland all items, for the Division of Motor 20 January 9, 2008 The City Record 15

Vehicle Maintenance, Department of Resolution No. 15-08. closing date slated in the examina- Public Service, for the period of two By Director Flask. tion announcement. years beginning with the date of Whereas, under the authority of execution of a contract, received on Ordinance No. 962-05, passed by the EXAMINATION RESULTS: Each October 26, 2007, under the authori- Council of the City of Cleveland on applicant whether passing or failing ty of Section 131.17 of the Codified June 6, 2005, and Resolution No. 288- will be notified of the results of the Ordinances of Cleveland, Ohio, 1976, 06, adopted by this Board on July examination as soon as the commis- which on the basis of the estimated 12, 2006, the City, through its Direc- sion has graded the papers. There- quantity would amount to $239,170.00 tor of Public Safety, entered into after, eligible lists will be estab- (2% Net 30 Days), is affirmed and City Contract No. 66029 with Attevo, lished which will consist of the approved as the lowest and best bid, Inc. (“Consultant”) to provide the names of those candidates who have and the Director of Public Service is professional services necessary for been successful in all parts of the requested to enter into a require- the Public Safety Automation Pro- examination. ment contract for the goods and/or ject (“Project”) for the Department services, which shall provide for the of Public Safety for a fee of PHYSICAL EXAMINATION: All immediate purchase as the initial $350,000.00; and candidates for original entrance po- amount of the contract the follow- Whereas, Resolution No. 302-07, sitions who are successful in other ing: adopted on June 13, 2007, under Ordi- parts of the examinations must sub- nance No. 916-07, passed by the mit to a physical examination. Requisition No. 177767 Council of the City of Cleveland on which shall be certified against the July 11, 2007, authorized a contract REYNALDO GALINDO, contract in the sum of $30,000.00. with Consultant for the Project President The requirement contract shall which contract was the 1st modifi- further provide that the Contractor cation to City Contract No. 66029 for shall furnish the remainder of the Consultant to provide additional pro- SCHEDULE OF THE BOARD City’s requirements for the goods fessional services necessary for the OF ZONING APPEALS and/or services, whether more or Project and increased the fees by less than the estimated quantity, as $750,000.00 to $1,100,000.00; and may be ordered under subsequent Whereas, the City requires addi- TUESDAY, JANUARY 22, 2008 requisitions separately certified tional professional services for the against the contract. completion of the Project; and 9:30 A.M. Whereas, Consultant has proposed Subcontractor Percentage by its September 21, 2007 letter to Amount Calendar No. 07-245: 2872 West 11th perform the necessary additional Street (Ward 13) services; now, therefore, Mighty Mo’s Industrial West 11th Street Properties, owner, Be it resolved by the Board of appeals to erect a two-story single Supplier (FBE) 1.81% Control of the City of Cleveland that $4,322.40 family dwelling, proposed to be on a the Director of Public Safety is 14' x 89.16' lot located in a B1 Two- authorized to enter into a second Family District on the west side of Yeas: Directors Triozzi, Dumas, modification to City Contract No. Acting Director Withers, Directors West 11th Street at 2872 West 11th 66029 with Consultant on the basis Smith, Wasik, Carroll, Flask, Cox, Street; subject to the Enforcement of Consultant’s September 21, 2007 Rush, Hutchinson, Acting Director Regulations of Section 327.02, ap- proposal, for the above-mentioned Pesti, Directors Fumich and Rybka. proval is required from the Division additional professional services and Nays: None. of Engineering and Construction for increasing the fees for all services Absent: Mayor Jackson and Direc- lot consolidation and encroachment by an additional $200,000.00 to tor Guzman. beyond yard lines for retaining $1,300,000.00. walls, patio decks, stairs and stair- Be it further resolved, that the par- Resolution No. 13-08. landing; and subject to Section ticipation of the subconsultant Sophis- By Director Flask. 349.05, all parking spaces shall be ticated, Inc. (MBE) is increased by Resolved by the Board of Control located behind the setback line and $30,000.00 to $220,800.00 (17%). of the City of Cleveland that all bids not within 10 feet of any wall con- Be it further resolved, that the received on November 14, 2007 for taining ground floor openings pro- Director of Public Safety is autho- storage magazines for the Division viding light and ventilation; and con- rized to execute all documents and of Police, Department of Public trary to Section 355.04(a), a minimum Safety, pursuant to the authority of to do all things necessary to effect lot width of 24 feet is provided and Ordinance No. 962-05, passed by the second modification to Contract 40 feet is required, the minimum lot Council of the City of Cleveland on No. 66029 authorized above. area being 2,140 square feet and not June 6, 2005, are rejected. Yeas: Directors Triozzi, Dumas, 4,800 square feet and a maximum Yeas: Directors Triozzi, Dumas, Acting Director Withers, Directors gross floor area of 1,294 square feet Acting Director Withers, Directors Smith, Wasik, Carroll, Flask, Cox, that exceeds 50 percent of the lot Smith, Wasik, Carroll, Flask, Cox, Rush, Hutchinson, Acting Director size; and contrary to Section Rush, Hutchinson, Acting Director Pesti, Directors Fumich and Rybka. 357.08(b)(1) a rear yard of 19 feet is Pesti, Directors Fumich and Rybka. Nays: None. provided where 20 feet is required; Nays: None. Absent: Mayor Jackson and Direc- and no building shall be erected less Absent: Mayor Jackson and Direc- tor Guzman. than 10 feet from a main building on tor Guzman. an adjoining lot, there being no inte- JEFFREY B. MARKS, rior side yards provided for the open Resolution No. 14-08. Secretary porch and rear deck, where 3 feet By Director Wasik. and an aggregate width of 10 feet Resolved by the Board of Control for both side yards is required, of the City of Cleveland that all CIVIL SERVICE NOTICES according to the provisions of Sec- bids received on June 8, 2006 for ______tions 357.09(2)A and B of the Codi- EMS Uniforms and Equipment for fied Ordinances. the Division of Emergency Medical General Information Services, Department of Public Application blanks and informa- Calendar No. 07-246: 2874 West 11th Safety, under the authority of Sec- tion, regarding minimum entrance Street (Ward 13) tion 135.06 of the Codified Ordi- qualifications, scope of examination, West 11th Street Properties, nances of Cleveland, Ohio, is here- and suggested reference materials owner, appeals to erect a two-story by rejected. may be obtained at the office of the single family dwelling, proposed to Yeas: Directors Triozzi, Dumas, Civil Service Commission, Room 119, be on a 14' x 89.16' lot located in a Acting Director Withers, Directors City Hall, East 6th Street, and Lake- B1 Two-Family District on the west Smith, Wasik, Carroll, Flask, Cox, side Avenue. side of West 11th Street at 2874 Rush, Hutchinson, Acting Director Application blanks must be prop- West 11th Street; subject to the Pesti, Directors Fumich and Rybka. erly filled out on the official form Enforcement Regulations of Section Nays: None. prescribed by the Civil Service Com- 327.02, approval is required from the Absent: Mayor Jackson and Direc- mission and filed at the office of the Division of Engineering and Con- tor Guzman. commission not later than the final struction for lot consolidation and 21 16 The City Record January 9, 2008 encroachment beyond yard lines for retaining walls, patio decks, stairs REPORT OF THE BOARD retaining walls, patio decks, stairs and stairlanding; and subject to Sec- OF ZONING APPEALS and stairlanding; and subject to Sec- tion 349.05, all parking spaces shall tion 349.05, all parking spaces shall be located behind the setback line be located behind the setback line and not within 10 feet of any wall and not within 10 feet of any wall containing ground floor openings MONDAY, JANUARY 7, 2008 containing ground floor openings providing light and ventilation; and providing light and ventilation; and contrary to Section 355.04(a), a min- At the meeting of the Board of contrary to Section 355.04(a), a min- imum lot width of 24 feet is provid- Zoning Appeals on Monday, January imum lot width of 14 feet is provid- ed and 40 feet is required, the min- 7, 2008, the following appeals were ed and 40 feet is required, the min- imum lot area being 1,248 square heard by the Board. imum lot area being 1,248 square feet and not 4,800 square feet and a feet and not 4,800 square feet and a maximum gross floor area of 1,204 The following appeal was Grant- maximum gross floor area of 1,204 square feet that exceeds 50 percent ed: square feet that exceeds 50 percent of the lot size; and contrary to Sec- of the lot size; and contrary to Sec- tion 357.08(b)(1) a rear yard of 8 Calendar No. 07-255: 1351 East 105th tion 357.08(b)(1) a rear yard of 8 feet is provided where 20 feet is Street feet is provided where 20 feet is required; and no building shall be Vera Coe appealed to change from required; and no building shall be erected less than 10 feet from a a public library to a learning center erected less than 10 feet from a main building on an adjoining lot, the use of an existing two-story main building on an adjoining lot, there being no interior side yards building in a Residence Office Dis- there being no interior side yards provided for the open porch and rear trict. provided for the open porch and rear deck, and an interior side yard of 4 feet provided where 3 feet is re- deck, where 3 feet and an aggregate Calendar No. 07-210: 2710 Lorain Ave- quired and an aggregate width of 10 width of 10 feet for both side yards nue feet is required for both side yards, is required, according to the provi- Maggie Realty LLC and Victor according to the provisions of Sec- sions of Sections 357.09(2)A and B Halm, owner, and Robert Ivanov, tions 357.09(2)A and B of the Codi- of the Codified Ordinances. lessee, appealed to expand a legal fied Ordinances. nonconforming restaurant/tavern to Calendar No. 07-247: 2878 West 11th Calendar No. 07-257: 2835 West 11th a restaurant/tavern with entertain- Street (Ward 13) Street (Ward 13) ment in a three-story mixed use West 11th Street Properties, Erich Hooper, owner, appeals to building located in a General Retail owner, appeals to erect a two-story establish a retail store in the ground Business District; subject to condi- single family dwelling, proposed to level of a single family dwelling tion. be on a 24' x 89.16' lot located in a with residential occupancy on the B1 Two-Family District on the west second floor, located in a B1 Two- The following appeal was Denied: side of West 11th Street at 2878 Family District on a 40' x 256' par- West 11th Street; subject to the cel on the east side of West 11th None. Enforcement Regulations of Section Street at 2835 West 11th Street; the 327.02, approval is required from the proposed accessory use that involves The following appeal was With- Division of Engineering and Con- trading (selling) of merchandise drawn: struction for lot consolidation and being subject to the limitations in a encroachment beyond yard lines for Residence District, where customary None. retaining walls, patio decks, stairs home occupation for gain may be and stairlanding; and subject to Sec- carried out in the main building or The following appeal was Dis- tion 349.05, all parking spaces shall in a rear building, provided that no missed: be located behind the setback line non-resident help is employed, no and not within 10 feet of any wall trading in merchandise is carried on None. containing ground floor openings and no physical service is performed as stated in Section 337.23(a)(2) of providing light and ventilation; and The following appeals were Post- the Codified Ordinances. contrary to Section 355.04(a), a min- poned: imum lot width of 24 feet is provid- ed and 40 feet is required, the min- Calendar No. 07-262: 3403-23 Clark Avenue (Ward 14) Calendar No. 07-249: 8226 Woodland imum lot area being 2,140 square Avenue postponed to February 4, feet and not 4,800 square feet and a Hani and Samira Ziadeh, owners, 2008. maximum gross floor area of 1,294 and Visconsi Land Company, pros- square feet that exceeds 50 percent pective purchaser, appeal to con- Calendar No. 07-250: 8322 Woodland of the lot size; and contrary to Sec- struct a retail store proposed to be Avenue postponed to February 4, tion 357.08(b)(1) a rear yard of 19 on a consolidated corner parcel 2008. feet is provided where 20 feet is located in split zoning between a required; and no building shall be Local Retail Business District and a B1 Two-Family District on the Calendar No. 07-251: 8340 Buckeye erected less than 10 feet from a southeast corner of Clark Avenue Road postponed to February 4, main building on an adjoining lot, and Fulton Road at 3403-23 Clark 2008. there being no interior side yards Avenue; the retail store and acces- provided for the open porch and rear sory uses being first permitted in a Calendar No. 07-252: 8400 Buckeye deck, and an interior side yard of 4 Local Retail Business District and Road postponed to February 4, feet provided where 3 feet is re- as proposed partially located in a 2008. quired and an aggregate width of 10 Two-Family District and subject to feet is required for both side yards, the provisions of Section 329.03(d), according to the provisions of Sec- In Executive Session on January where the Board of Zoning Appeals 7, 2008, the following appeal heard tions 357.09(2)A and B of the Codi- shall not allow uses other than fied Ordinances. by the Board on July 23, 2007 was those listed in the Zoning Code as dismissed by the Board for failure permitted in the use next lower in to comply with the condition re- Calendar No. 07-248: 2868 West 11th the order of restrictiveness to the quested by the Board. Street (Ward 13) district in which such lot is located; West 11th Street Properties, and a driveway providing access to owner, appeals to erect a two-story the property shall be located so that Calendar No. 07-86: 12106-12112 May- single family dwelling, proposed to there would be not less than 15 feet field Road be on a 24' x 89.16' lot located in a between the point of tangency of Flynn Properties LLC, owner, and B1 Two-Family District on the west the driveway apron radius and a Terry Tarantino, tenant, appealed to side of West 11th Street at 2868 prolongation of the property line to renovate an existing restaurant and West 11th Street; subject to the the curb line measured at the curb add 80 outdoor patio seats and 34 Enforcement Regulations of Section line, according to the provisions of indoor dining seats in a General 327.02, approval is required from the Section 343.18(c) of the Codified Retail Business District; subject to Division of Engineering and Con- Ordinances. condition. struction for lot consolidation and encroachment beyond yard lines for Secretary Secretary 22 January 9, 2008 The City Record 17

REPORT OF THE BOARD south of Saint Clair Avenue to a prior to the date of bid opening or OF BUILDING STANDARDS Local Retail Business District as submission of proposals or as speci- shown on the attached map (Map fied by the Director. Failure to com- AND BUILDING APPEALS Change Number 2238, Sheet 7). ply with the business enterprise code or with representations made Ord. No. 2022-07. on these forms may result in can- NO MEETING By Council Member Brancatelli. cellation of the contract or other An ordinance to change the zoning civil or criminal penalties.” of a parcel of land on the west side PUBLIC NOTICE of East 80th Street, North of Aetna THURSDAY, JANUARY 24, 2008 Road from a Two Family Residential District to a Semi-Industry (Map File No. 1-08 — Bellaire Road Reha- Change No. 2248 Sheet No. 6). bilitation, for the Division of In accordance with Section 200-1 Engineering and Construction, De- of the City of Cleveland Charter, Ord. No. 2024-07. partment of Public Service, as Cleveland City Council must appoint By Council Member Santiago. authorized by Ordinance No. 55-07, 15 Cleveland electors to the Charter An ordinance to change the zon- passed by the Council of the City Review Commission by no later than ing of parcels south of Clark of Cleveland, March 26, 2007. February 1, 2008. These commission Avenue between Fulton Road and THERE WILL BE A REFUNDABLE members, within six months, are to West 34th Place as shown on the FEE FOR PLANS/SPECIFICA- make recommendations for proposed attached map to Local Retail Busi- TIONS IN THE AMOUNT OF SEV- changes to the City Charter, which ness, a ‘C’ Area District and a ‘2’ ENTY-FIVE DOLLARS ($75.00) IN are reviewed by Council. Those that Height District (Map Change No. THE FORM OF A CASHIER’S are approved are placed before the 2249 Sheet No. 2). CHECK AND/OR MONEY OR- voters. DER (NO COMPANY CHECKS Ord. No. 5-08. AND NO CASH WILL BE The Charter Review process is an By Council Member Cimperman. ACCEPTED). opportunity to streamline outdated An ordinance to change the Use THERE WILL BE A NON-MANDA- codes and procedures and to take a District of land at the northwest cor- TORY PRE-BID MEETING THURS- close look at they way the City oper- ner of West 11th Street and Fair- DAY, JANUARY 17, 2008 AT 10:00 ates. Commission members are field Avenue from Multi-Family Res- A.M., CLEVELAND CITY HALL, responsible for considering changes idential to Local Retail Business ROOM 518, 601 LAKESIDE AVE- to the Charter, which is the City’s (Map Change Number 2250, Sheet 7). NUE, CLEVELAND, OHIO 44114. governing document. Cleveland City Council believes the input of con- All interested persons are urged cerned Cleveland citizens is needed to be present or to be represented at January 9, 2008 and January 16, 2008 to ensure that the Charter is reflec- the above time and place. tive of the needs of City residents. WEDNESDAY, JANUARY 30, 2008 Your suggestions for Charter alter- Joseph C. Cimperman ations are welcome. Chairman File No. 4-08 — Labor and Materials Committee on City Planning Necessary to Maintain and Repair Please send your suggestions to _____ Elevators and Escalators, for the [email protected] January 9, 2008 and January 16, 2008 Various Divisions of Port Control, or to Attn: Charter Review, Cleve- Department of Port Control, as land City Council, 601 Lakeside authorized by Ordinance No. 1804- Avenue, Room 220, Cleveland, Ohio CITY OF CLEVELAND BIDS 07, passed by the Council of the 44114. City of Cleveland, December 3, 2007. _____ THERE WILL BE A NON-MANDA- January 9-16-23-30, 2008 For All Departments TORY PRE-BID MEETING FRI- DAY, JANUARY 18, 2008 AT 10:00 Sealed bids will be received at the A.M., CLEVELAND HOPKINS IN- NOTICE OF PUBLIC HEARING office of the Commissioner of Pur- TERNATIONAL AIRPORT, CEN- chases and Supplies, Room 128, City TRAL RECEIVING BUILDING, ______Hall, in accordance with the append- 19451 FIVE POINTS ROAD, ed schedule, and will be opened and CLEVELAND, OHIO 44135-3193. Notice of Public Hearing read in Room 128, City Hall, imme- By the Council Committee diately thereafter. On City Planning Each bid must be made in accor- January 9, 2008 and January 16, 2008 dance with the specifications and Mercedes Cotner must be submitted on the blanks THURSDAY, JANUARY 31, 2008 Committee Room 217 supplied for the purpose, all of City Hall, Cleveland, Ohio which may be obtained at the office File No. 2-08 — Purchase of Various On Wednesday, January 23, 2008 of the said Commissioner of Pur- Ford Passenger/Police Vehicle 1:00 p.m. chases and Supplies, but no bid will Parts and Labor, for the Division be considered unless delivered to of Motor Vehicle Maintenance, De- Notice is hereby given to all inter- the office of the said commissioner partment of Public Service, as ested property owners that the previous to 12:00 noon (Eastern authorized by Ordinance No. 686- Council Committee on City Planning Standard Time) on the date speci- 07, passed by the Council of the will hold a public hearing in the fied in the schedule. City of Cleveland, June 11, 2007. Mercedes Cotner Committee Room 187.10 Negotiated contracts; Notice THERE WILL BE A NON-MANDA- 217, City Hall, Cleveland, Ohio, on required in Advertisement for Bids. TORY PRE-BID MEETING TUES- Wednesday, January 23, 2008, at 1:00 Where invitations for bids are DAY, JANUARY 22, 2008 AT 10:00 p.m., to consider the following ordi- advertised, the following notice A.M., DIVISION OF MOTOR VEHI- nances now pending in the Council: shall be included in the advertise- CLE MAINTENANCE, BUILDING ment: “Pursuant to the MBE/FBE #1, 4150 EAST 49TH STREET, Ord. No. 1066-07. Code, each prime bidder, each minor- CLEVELAND, OHIO 44105. By Council Member Britt. ity business enterprise (“MBE”) and An ordinance to change the Use each female business enterprise File No. 3-08 — Demolition, Removal, District of property on the north- (“FBE”) must be certified before Furnish and Construction of Two west corner of Buckeye Road and doing business with the City. There- Manufactured Steel Buildings, for East 116th Street to a Local Retail fore, any prime contractor wishing the Division of Cleveland Public Business District (Map Change Num- to receive credit for using an MBE Power, Department of Public Utili- ber 2235, Sheet Number 9). or FBE should ensure that applica- ties, as authorized by Ordinance No. tions for certification as to MBE or 483-07, passed by the Council of the Ord. No. 1267-07. FBE status compliance with the City of Cleveland, June 4, 2007. By Council Member Coats. Code, affirmative action in employ- THERE WILL BE A MANDATORY An ordinance changing the Use ment and, if applicable, joint ven- PRE-BID MEETING, WEDNES- Districts of lands between East ture status, are submitted to the Of- DAY, JANUARY 23, 2008 AT 10:00 152nd Street and Ivanhoe Road fice of Equal Opportunity (“OEO”) A.M., DIVISION OF CLEVELAND 23 18 The City Record January 9, 2008

PUBLIC POWER, 1300 LAKE- COUNCIL COMMITTEE 2:00 p.m. SIDE AVENUE, CLEVELAND, MEETINGS Finance Committee: Present: Swee- OHIO 44114. ney, Chair; Cimperman, Vice Chair; THE CITY OF CLEVELAND WILL Brancatelli, Brady, Conwell, Pierce NOT CONSIDER THE BID OF NO MEETINGS Scott, Zone, Westbrook, Coats, ANYONE WHO DOES NOT AT- White. Authorized Absence: Britt. TEND A MANDATORY PRE-BID Tuesday, January 8, 2008 CONFERENCE. COUNCIL COMMITTEE 9:30 a.m. MEETINGS Community and Economic Devel- January 9, 2008 and January 16, 2008 opment Committee: Present: CAN- CELLED.

Monday, January 7, 2008 Wednesday, January 9, 2008 ADOPTED RESOLUTIONS 11:00 a.m. 10:00 a.m. AND ORDINANCES Public Safety Committee: Present: Public Service Committee: Present: Conwell, Chair; Brady, Vice Chair; Brady, Chair; Turner, Vice Chair; Britt, Polensek, Coats, Kelley, Cum- Cleveland, Polensek, Cummins, mins, Santiago. Authorized Absence: NONE White, Johnson, Santiago, Reed. Turner.

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

American Heart Association

Banner — annual Heart Walk at Gateway (O 16-08) ...... 15

Appreciation

West Boulevard Christian Church (R 55-08) ...... 10

Banners

American Heart Association — annual Heart Walk at Gateway (O 16-08) ...... 15

Board of Control - Baldwin Water Works Plant

Design Engineering Services — contract per Ord. 68-98, 94-99 to Brown and Caldwell Ohio, LLC — Division of Water, Dept. of Public Utilities (BOC Res. 5-08) ...... 19

Board of Control — Emergency Medical Service Division

Uniforms and equipment — per C.O. Sec. 135.06 — all bids rejected — Dept. of Public Safety (BOC Res. 14-08)...... 21

Board of Control — Finance Department

Building materials and paving bricks, used — contract per Ord. 1724-07 to Erie Materials, Inc. (BOC Res. 2-08) ...... 12 Building materials and paving bricks, used — contract per Ord. 1724-07 to Interstate Safety & Service Co., Inc. (BOC Res. 3-08) ...... 19 Sale of scrap. personal property, and by-products in December 2007 — per BOC Res. 921-52 (BOC Res. 1-08) ...... 18

Board of Control — Motor Vehicle Maintenance Division

Auto/truck spring parts and repair — contract per C.O. Sec. 131.17 to Truck Service, Inc., d.b.a. Cleveland Spring — Dept. of Public Service (BOC Res. 12-08) ...... 20

Board of Control — Police Division

Storage magazine — per Ord. 962-05 — all bids rejected — Dept. of Public Safety (BOC Res. 13-08) ...... 21 24 January 9, 2008 The City Record 19

Board of Control — Professional Service Contracts

Design Engineering Services for Baldwin Residuals and Fairmount Reservoir Project — contract per Ord. 68-98, 94-99 to Brown and Caldwell Ohio, LLC — Division of Water, Dept. of Public Utilities (BOC Res. 5-08) ...... 19 Public Safety Automation Project — modify Contract #66029 per BOC Res. 288-06, 302-07 — Dept. of Public Safety (BOC Res. 15-08) ...... 21

Board of Control — Public Improvement Contracts

West 127th Street sewer replacement project — approve subcontractors — BOC Res. 665-07 — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 6-08) ...... 19

Board of Control — Public Safety Department

Public Safety Automation Project — modify Contract #66029 per BOC Res. 288-06, 302-07 — Dept. of Public Safety (BOC Res. 15-08) ...... 21 Storage magazine — per Ord. 962-05 — all bids rejected — Division of Police (BOC Res. 13-08) ...... 21 Uniforms and equipment — per C.O. Sec. 135.06 — all bids rejected — Division of Emergency Medical Service (BOC Res. 14-08) ...... 21

Board of Control — Public Service Department

Auto/truck spring parts and repair — contract per C.O. Sec. 131.17 to Truck Service, Inc., d.b.a. Cleveland Spring — Division of Motor Vehicle Maintenance (BOC Res. 12-08) ...... 20 Duct cleaning — contract per Ord. 888-06 to Delta Industrial Services, Inc. (BOC Res. 11-08) ...... 20

Board of Control — Public Utilities Department

Catch basin debris disposal — approve subcontractors — BOC Res. 646-07 — Division of Water Pollution Control (BOC Res. 7-08) ...... 20 Design Engineering Services for Baldwin Residuals and Fairmount Reservoir Project — contract per Ord. 68-98, 94-99 to Brown and Caldwell Ohio, LLC — Division of Water (BOC Res. 5-08) ...... 19 Water mains, fire hydrants, service connections and appurtenances, labor and materials to repair (Area A-B) — rescind subcontractor — BOC Res. 245-07, 246-07 — Division of Water (BOC Res. 4-08) ...... 19 Water pumps, electric motors, controls and appurtenances, repair — contract per Ord. 250-07 to The Wm. Plotz Machine & Forge Co., Inc. — Division of Water (BOC Res. 8-08) ...... 20 Water pumps, electric motors, controls and appurtenances, repair — contract per Ord. 250-07 to Hannon Electric Company — Division of Water (BOC Res. 9-08) ...... 20 Water pumps, electric motors, controls and appurtenances, repair — contract per Ord. 250-07 to Integrated Power Services, LLC — Division of Water (BOC Res. 10-08) ...... 20 West 127th Street sewer replacement project — approve subcontractors — BOC Res. 665-07 — Division of Water Pollution Control (BOC Res. 6-08) ...... 19

Board of Control — Purchases and Supplies Division

Sale of scrap. personal property, and by-products in December 2007 — per BOC Res. 921-52 (BOC Res. 1-08) ...... 18

Board of Control — Requirement Contracts

Auto/truck spring parts and repair — contract per C.O. Sec. 131.17 to Truck Service, Inc., d.b.a. Cleveland Spring — Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 12-08) ...... 20 Building materials and paving bricks, used — contract per Ord. 1724-07 to Erie Materials, Inc. — Dept. of Finance (BOC Res. 2-08) ...... 12 Building materials and paving bricks, used — contract per Ord. 1724-07 to Interstate Safety & Service Co., Inc. — Dept. of Finance (BOC Res. 3-08) ...... 19 Catch basin debris disposal — approve subcontractors — BOC Res. 646-07 — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 7-08) ...... 20 25 20 The City Record January 9, 2008

Duct cleaning — contract per Ord. 888-06 to Delta Industrial Services, Inc. — Dept. of Public Service (BOC Res. 11-08) ...... 20 Water mains, fire hydrants, service connections and appurtenances, labor and materials to repair (Area A-B) — rescind subcontractor — BOC Res. 245-07, 246-07 — Division of Water, Dept. of Public Utilities (BOC Res. 4-08) ...... 19 Water pumps, electric motors, controls and appurtenances, repair — contract per Ord. 250-07 to The Wm. Plotz Machine & Forge Co., Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 8-08) ...... 20 Water pumps, electric motors, controls and appurtenances, repair — contract per Ord. 250-07 to Hannon Electric Company — Division of Water, Dept. of Public Utilities (BOC Res. 9-08) ...... 20 Water pumps, electric motors, controls and appurtenances, repair — contract per Ord. 250-07 to Integrated Power Services, LLC — Division of Water, Dept. of Public Utilities (BOC Res. 10-08) ...... 20

Board of Control — Water Division

Design Engineering Services for Baldwin Residuals and Fairmount Reservoir Project — contract per Ord. 68-98, 94-99 to Brown and Caldwell Ohio, LLC — Dept. of Public Utilities (BOC Res. 5-08) ...... 19 Water mains, fire hydrants, service connections and appurtenances, labor and materials to repair (Area A-B) — rescind subcontractor — BOC Res. 245-07, 246-07 — Dept. of Public Utilities (BOC Res. 4-08)...... 19 Water pumps, electric motors, controls and appurtenances, repair — contract per Ord. 250-07 to The Wm. Plotz Machine & Forge Co., Inc. — Dept. of Public Utilities (BOC Res. 8-08) ...... 20 Water pumps, electric motors, controls and appurtenances, repair — contract per Ord. 250-07 to Hannon Electric Company — Dept. of Public Utilities (BOC Res. 9-08) ...... 20 Water pumps, electric motors, controls and appurtenances, repair — contract per Ord. 250-07 to Integrated Power Services, LLC — Dept. of Public Utilities (BOC Res. 10-08) ...... 20

Board of Control — Water Pollution Control Division

Catch basin debris disposal — approve subcontractors — BOC Res. 646-07 — Dept. of Public Utilities (BOC Res. 7-08) ...... 20 West 127th Street sewer replacement project — approve subcontractors — BOC Res. 665-07 — Dept. of Public Utilities (BOC Res. 6-08) ...... 19

Board of Elections

Certificate of Result of Election (F 18-08)...... 9

Board of Zoning Appeals — Report

Buckeye Road, 8340, (Ward 5) — Saeid B. Amini, owner — appeal postponed to 2/4/08 on 1/7/08 (Cal. 07-251) ...... 22 Buckeye Road, 8400, (Ward 5) — Saeid B. Amini, owner — appeal postponed to 2/4/08 on 1/7/08 (Cal. 07-252) ...... 22 East 105th Street, 1351, (Ward 9) — Vera Coe, owner — appeal heard on 1/7/08 (Cal. 07-255)...... 22 Lorain Avenue, 2710, (Ward 13) — Maggie Realty LLC and Victor Halm, owner and Robert Ivanov, lessee — appeal heard on 1/7/08 (Cal. 07-210) ...... 22 Mayfield Road, 12106-12112, (Ward 6) — Flynn Properties, LLC, owner and Terry Tarantino, tenant — appeal dismissed on 1/7/08 (Cal. 07-86) ...... 22 Woodland Avenue, 8226, (Ward 5) — Saeid B. Amini, owner — appeal postponed to 2/4/08 on 1/7/08 (Cal. 07-249)...... 22 Woodland Avenue, 8322, (Ward 5) — Saeid B. Amini, owner — appeal postponed to 2/4/08 on 1/7/08 (Cal. 07-250)...... 22 26 January 9, 2008 The City Record 21

Board of Zoning Appeals — Schedule

Clark Avenue, 3403-23, (Ward 14) — Hani and Samira Ziadeh, owners and Visconsi Land Company, prospective purchaser — appeal to be heard on 1/22/08 (Cal. 07-262) ...... 22 West 11th Street, 2835, (Ward 13) — Erich Hooper, owner — appeal to be heard on 1/22/08 (Cal. 07-257)...... 22 West 11th Street, 2868, (Ward 13) — West 11th Street Properties, owner — appeal to be heard on 1/22/08 (Cal. 07-248) ...... 22 West 11th Street, 2872, (Ward 13) — West 11th Street Properties, owner — appeal to be heard on 1/22/08 (Cal. 07-245) ...... 21 West 11th Street, 2874, (Ward 13) — West 11th Street Properties, owner — appeal to be heard on 1/22/08 (Cal. 07-246) ...... 21 West 11th Street, 2878, (Ward 13) — West 11th Street Properties, owner — appeal to be heard on 1/22/08 (Cal. 07-247) ...... 22

City Council

Franklin, Sandra — Clerk of Council Pro Tempore (F 17-08) ...... 9

City of Cleveland Bids

Bellaire Road rehabilitation — Department of Public Service — Division of Engineering and Construction — per Ord. 55-07 — bid due January 24, 2008 (advertised 1/9/2008 and 1/16/2008) ...... 23 Elevator and escalator repair — Department of Port Control — per Ord. 1804-07 — bid due January 30, 2008 (advertised 1/9/2008 and 1/16/2008) ...... 23 Ford passenger/police vehicle parts and labor — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 686-07 — bid due January 31, 2008 (advertised 1/9/2008 and 1/16/2008) ...... 23 Steel building demolition, removal, furnish and construction — Department of Public Utilities — Division of Cleveland Public Power — per Ord. 483-07 — bid due January 31, 2008 (advertised 1/9/2008 and 1/16/2008) ...... 23

City Planning Commission

Buckeye Rd. & E. 116th St. (northwest corner) — change the Use District — Local Retail Business District (O 1066-07) ...... 23 Clark Ave. (south) — between Fulton Rd. & W. 34th Pl.) — change the zoning — Local Retail Business, a ‘C’ Area District and a ‘2’ Height District (O 2024-07) ...... 23 E. 152nd St. & Ivanhoe Rd. (lands between) & south of St. Clair Ave. — change the Use Districts — Local Retail Business District (O 1267-07) ...... 23 E. 80th St. (west side) — north of Aetna Rd. — change the zoning — Semi-industry (O 2022-07) ...... 23 W. 11th St. & Fairfield Ave. (northwest corner) — change the use district — Local Retail Business (O 5-08) ...... 14-23

Clerk of Council

Franklin, Sandra — Clerk of Council Pro Tempore (F 17-08) ...... 9

Codified Ordinances

Authority of store rooms and warehouses of the City — amend Sects. 181.02, 181.03, 181.06, & 181.09 (O 2-08) ...... 12 Authorization to purchase software licenses, updates, upgrades, enhancements — amend Sec. 181.102 (O 3-08) ...... 12 Fair Employment Practices chapter of the codified ordinances — administration — amend Sec. 663.05 (O 1371-05) ...... 18-T

Communications

Certificate of Result of Election — Board of Elections (F 18-08) ...... 9 Franklin, Sandra — Clerk of Council Pro Tempore (F 17-08) ...... 9 27 22 The City Record January 9, 2008

Community Development

E. 116th St. — Land Reutilization Program — Margaret P. Tod Gregory (O 1613-07) ...... 18 E. 66th St — Land Reutilization Program — First Bethel Baptist Church (O 4-08) ...... 13

Condolences

Bossu, August “ Augie” (R 44-08)...... 10 Brewer, Clinton J. (R 38-08) ...... 10 Brown, David L. (R 45-08) ...... 10 Cash, Thelma Lowe (R 41-08)...... 10 Claxton, Sr., Arthur Lee (R 37-08) ...... 10 Edmondson, Cynthia Ann (R 33-08) ...... 10 Fuerst, Judge Norman A. (R 40-08) ...... 10 Greco, Alfonso A. (R 42-08) ...... 10 Harris, Elizabeth (R 46-08)...... 10 Hightower, Verlie Claxton (R 36-08) ...... 10 Jackson, Willie Fred Irvin (R 39-08) ...... 10 Jesek, Louis J. (R 43-08) ...... 10 Little, Albert Charles (R 35-08) ...... 10 Meissner, Zora (R 32-08) ...... 10 Pompeani, Matthew A. (R 34-08) ...... 10

Congratulations

Frangos, Louis A. (R 52-08) ...... 10 Bell, Edna B. (R 50-08)...... 10 Busse, Anna (R 49-08) ...... 10 Killingsworth, Inez (R 47-08)...... 10 Kloss, Randolph “ Randy” (R 48-08) ...... 10 Lucious, Canary (R 51-08) ...... 10 Sannitico, Rionero (R 53-08) ...... 10

Economic Development Department

Grayton Rd., 4725 — property improvements — Enterprise Zone Agreement — Blue 22 LTD. (O 1978-07) ...... 18

Enterprise Zone Agreement

Grayton Rd., 4725 — property improvements — Blue 22 LTD. — Economic Development (O 1978-07) ...... 18

Finance Department

Authorization to purchase software licenses, updates, upgrades, enhancements — amend Sec. 181.102 (O 3-08) ...... 12 Moral Claim— payment (O 1-08) ...... 10

Grants

African American Cultural Garden — establish & develop — grant agreement — United Black Fund of Greater Cleveland Inc. — Parks, Recreation and Properties (O 15-08) ...... 15 Community Development Grant (Recycle Ohio) Program 2008 — Ohio Department of Natural Resources — Public Service (O 1931-07) ...... 18

Land Reutilization Program

E. 116th St. — Margaret P. Tod Gregory (O 1613-07) ...... 18 E. 66th St — First Bethel Baptist Church (O 4-08) ...... 13 28 January 9, 2008 The City Record 23

Liquor Permits

Central Ave., 7109 — objection (Ward 5) (R 7-08) ...... 15 Clark Ave., 3726 — objection — withdraw (Ward 14) (R 13-08) ...... 17 Community College Ave., 3609 — objection—withdraw (Ward 5) (R 8-08) ...... 16 Denison Ave., 4462 — transfer (Ward 15) (F 29-08) ...... 10 E. 125th St., 816 — transfer (Ward 9) (F 26-08) ...... 10 E. 152nd St., 657 — objecting (Ward 10) (R 10-08) ...... 16 E. 152nd St., 657 — transfer (Ward 10) (F 30-08)...... 10 E. 185th St., 568 — transfer (Ward 11) (F 28-08) ...... 10 E. 55th St., 2165 — objection (Ward 5) (R 9-08)...... 16 Kinsman Rd., 14101 1/2 — objection — withdraw (Ward 3) (R 12-08) ...... 17 Lorain Ave., 10330 — new (Ward 19) (F 20-08) ...... 10 Lorain Ave., 13712 — new (Ward 20) (F 21-08) ...... 10 Prospect Ave., 612 — objection — withdraw (Ward 13) (R 6-08)...... 15 S. Waterloo Rd., 19800 — transfer (Ward 11) (F 27-08) ...... 10 Shaker Sq., 13215 — new (Ward 4) (F 22-08) ...... 10 St. Clair Ave., 10109-11 — objection (Ward 8) (R 11-08)...... 17 Starkweather Ave., 761 — new (Ward 13) (F 24-08) ...... 10 Storer Ave., 5004 — objection — withdraw (Ward 14) (R 14-08) ...... 17 Superior Ave., 12000 — new (Ward 9) (F 23-08) ...... 10 Triskett Rd., 15240 — transfer (Ward 21) (F 25-08) ...... 10 W. 25th St., 3460 — new (Ward 15) (F 19-08) ...... 9

Moral Claims

Moral Claim— payment (O 1-08) ...... 10

Ohio Department of Natural Resources

Community Development Grant (Recycle Ohio) Program 2008 — grant — Public Service (O 1931-07) ...... 18

Parks, Recreation and Properties Department

African American Cultural Garden — establish & develop — grant agreement — United Black Fund of Greater Cleveland Inc. (O 15-08) ...... 15 Parks, Recreation and Properties Dept., facilities — public improvement — amend Ord. 489-07 (O 1874-07)...... 18

Personnel Department

Fair Employment Practices chapter of the codified ordinances — administration — amend Sec. 663.05 (O 1371-05) ...... 18-T

Public Hearings (Notices)

Buckeye Rd. & E. 116th St. (northwest corner) — change the Use District — Local Retail Business District (O 1066-07) ...... 23 Clark Ave. (south) — between Fulton Rd. & W. 34th Pl.) — change the zoning — Local Retail Business, a ‘C’ Area District and a ‘2’ Height District (O 2024-07) ...... 23 E. 152nd St. & Ivanhoe Rd. (lands between) & south of St. Clair Ave. — change the Use Districts — Local Retail Business District (O 1267-07)...... 23 E. 80th St. (west side) — north of Aetna Rd. — change the zoning — Semi-industry (O 2022-07) ...... 23 W. 11th St. & Fairfield Ave. (northwest corner) — change the use district — Local Retail Business (O 5-08) ...... 14-23

Public Improvements

Parks, Recreation and Properties Dept., facilities — amend Ord. 489-07 (O 1874-07) ...... 18 29 24 The City Record January 9, 2008

Recognition

McNulty, Father Joseph (R 54-08) ...... 10

Service Department

American Heart Association — banner — annual Heart Walk at Gateway (O 16-08) ...... 15 Community Development Grant (Recycle Ohio) Program 2008 — grant — Ohio Department of Natural Resources (O 1931-07)...... 18 Parks, Recreation and Properties Dept., facilities — public improvement — amend Ord. 489-07 (O 1874-07)...... 18 Rock salt — purchase — Division of Streets (O 1921-07)...... 18 SSI tack coat — purchase — Division of Streets (O 1934-07)...... 18-T Vac-all type sweepers — gutter broom sets, coreless tube brooms and gutter brooms — purchase — Division of Streets (O 1933-07) ...... 18-T

Statement of Work Acceptance

WPC Building Phase II Women’s Locker Room — Contract No. PI 66949S A — statement of work acceptance — Public Utilities Department (F 31-08) ...... 10

Streets Division

Rock salt — purchase (O 1921-07) ...... 18 SSI tack coat — purchase (O 1934-07) ...... 18-T Vac-all type sweepers — gutter broom sets, coreless tube brooms and gutter brooms — purchase (O 1933-07) ...... 18-T

Tabled Legislation

Fair Employment Practices chapter of the codified ordinances — administration — amend Sec. 663.05 (O 1371-05) ...... 18-T SSI tack coat — purchase — Division of Streets (O 1934-07)...... 18-T Vac-all type sweepers — gutter broom sets, coreless tube brooms and gutter brooms — purchase — Division of Streets (O 1933-07) ...... 18-T

Tax Abatement

Grayton Rd., 4725 — property improvements — Enterprise Zone Agreement — Blue 22 LTD. — Economic Development (O 1978-07) ...... 18

Utilities Department

WPC Building Phase II Women’s Locker Room — Contract No. PI 66949S A — statement of work acceptance (F 31-08) ...... 10

Ward 01

Brown, David L. — condolence (R 45-08) ...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10 Harris, Elizabeth — condolence (R 46-08) ...... 10

Ward 02

Claxton, Sr., Arthur Lee — condolence (R 37-08) ...... 10 E. 116th St. — Land Reutilization Program — Margaret P. Tod Gregory (O 1613-07) ...... 18 Edmondson, Cynthia Ann — condolence (R 33-08)...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10 Hightower, Verlie Claxton — condolence (R 36-08)...... 10 Jackson, Willie Fred Irvin — condolence (R 39-08)...... 10 Killingsworth, Inez — congratulations (R 47-08) ...... 10 Little, Albert Charles — condolence (R 35-08) ...... 10 30 January 9, 2008 The City Record 25

Ward 03

Cash, Thelma Lowe — condolence (R 41-08) ...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10 Kinsman Rd., 14101 1/2 — objection — withdraw — liquor permit (R 12-08) ...... 17

Ward 04

Greco, Alfonso A. — condolence (R 42-08) ...... 10 Shaker Sq., 13215 — new — liquor permit (F 22-08) ...... 10

Ward 05

Central Ave., 7109 — objection — liquor permit (R 7-08) ...... 15 Community College Ave., 3609 — objection—withdraw — liquor permit (R 8-08)...... 16 E. 55th St., 2165 — objection — liquor permit (R 9-08) ...... 16 E. 66th St — Land Reutilization Program — First Bethel Baptist Church (O 4-08) ...... 13 Greco, Alfonso A. — condolence (R 42-08) ...... 10

Ward 06

Buckeye Rd. & E. 116th St. (northwest corner) — change the Use District — Local Retail Business District (O 1066-07) ...... 23 Greco, Alfonso A. — condolence (R 42-08) ...... 10

Ward 07

Bell, Edna B. — congratulations (R 50-08) ...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10

Ward 08

African American Cultural Garden — establish & develop — grant agreement — United Black Fund of Greater Cleveland Inc. — Parks, Recreation and Properties (O 15-08) ...... 15 Brewer, Clinton J. — condolence (R 38-08) ...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10 St. Clair Ave., 10109-11 — objection — liquor permit (R 11-08) ...... 17

Ward 09

E. 125th St., 816 — transfer — liquor permit (F 26-08) ...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10 Lucious, Canary — congratulations (R 51-08) ...... 10 Superior Ave., 12000 — new — liquor permit (F 23-08) ...... 10

Ward 10

E. 152nd St. & Ivanhoe Rd. (lands between) & south of St. Clair Ave. — change the Use Districts — Local Retail Business District (O 1267-07) ...... 23 E. 152nd St., 657 — objecting — liquor permit (R 10-08) ...... 16 E. 152nd St., 657 — transfer — liquor permit (F 30-08)...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10

Ward 11

Bossu, August “ Augie” — condolence (R 44-08) ...... 10 E. 185th St., 568 — transfer — liquor permit (F 28-08) ...... 10 Fuerst, Judge Norman A. — condolence (R 40-08) ...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10 Jesek, Louis J. — condolence (R 43-08) ...... 10 S. Waterloo Rd., 19800 — transfer — liquor permit (F 27-08) ...... 10 31 26 The City Record January 9, 2008

Ward 12

E. 80th St. (west side) — north of Aetna Rd. — change the zoning — Semi-industry (O 2022-07) ...... 23 Greco, Alfonso A. — condolence (R 42-08) ...... 10

Ward 13

Frangos, Louis A. — congratulations (R 52-08) ...... 10 American Heart Association — banner — annual Heart Walk at Gateway (O 16-08)...... 15 Greco, Alfonso A. — condolence (R 42-08) ...... 10 McNulty, Father Joseph — recognition (R 54-08) ...... 10 Prospect Ave., 612 — objection — withdraw — liquor permit (R 6-08)...... 15 Starkweather Ave., 761 — new — liquor permit (F 24-08)...... 10 W. 11th St. & Fairfield Ave. (northwest corner) — change the use district — Local Retail Business (O 5-08) ...... 14-23

Ward 14

Clark Ave. (south) — between Fulton Rd. & W. 34th Pl.) — change the zoning — Local Retail Business, a ‘C’ Area District and a ‘2’ Height District (O 2024-07) ...... 23 Clark Ave., 3726 — objection — withdraw — liquor permit (R 13-08)...... 17 Greco, Alfonso A. — condolence (R 42-08) ...... 10 Storer Ave., 5004 — objection — withdraw — liquor permit (R 14-08) ...... 17

Ward 15

Denison Ave., 4462 — transfer — liquor permit (F 29-08) ...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10 W. 25th St., 3460 — new — liquor permit (F 19-08) ...... 9

Ward 16

Greco, Alfonso A. — condolence (R 42-08) ...... 10

Ward 17

Greco, Alfonso A. — condolence (R 42-08) ...... 10 Meissner, Zora — Condolence (R 32-08) ...... 10

Ward 18

Greco, Alfonso A. — condolence (R 42-08) ...... 10 Meissner, Zora — Condolence (R 32-08) ...... 10 West Boulevard Christian Church — appreciation (R 55-08) ...... 10

Ward 19

Greco, Alfonso A. — condolence (R 42-08) ...... 10 Lorain Ave., 10330 — new — liquor permit (F 20-08) ...... 10

Ward 20

Edmondson, Cynthia Ann — condolence (R 33-08)...... 10 Grayton Rd., 4725 — property improvements — Enterprise Zone Agreement — Blue 22 LTD. — Economic Development (O 1978-07) ...... 18 Greco, Alfonso A. — condolence (R 42-08) ...... 10 Lorain Ave., 13712 — new — liquor permit (F 21-08) ...... 10 Pompeani, Matthew A. — condolence (R 34-08) ...... 10 Sannitico, Rionero — congratulations (R 53-08)...... 10

Ward 21

Busse, Anna — congratulations (R 49-08) ...... 10 Greco, Alfonso A. — condolence (R 42-08) ...... 10 Kloss, Randolph “ Randy” — congratulations (R 48-08) ...... 10 Triskett Rd., 15240 — transfer — liquor permit (F 25-08) ...... 10 32 January 9, 2008 The City Record 27

Zoning

Buckeye Rd. & E. 116th St. (northwest corner) — change the Use District — Local Retail Business District (O 1066-07) ...... 23 Clark Ave. (south) — between Fulton Rd. & W. 34th Pl.) — change the zoning — Local Retail Business, a ‘C’ Area District and a ‘2’ Height District (O 2024-07) ...... 23 E. 152nd St. & Ivanhoe Rd. (lands between) & south of St. Clair Ave. — change the Use Districts — Local Retail Business District (O 1267-07) ...... 23 E. 80th St. (west side) — north of Aetna Rd. — change the zoning — Semi-industry (O 2022-07) ...... 23 W. 11th St. & Fairfield Ave. (northwest corner) — change the use district — Local Retail Business (O 5-08) ...... 14-23

33 28 The City Record January 9, 2008

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