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

July the Eleventh, Two Thousand and Seven

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor

Martin J. Sweeney President of Council Containing PAGE City Council 3 Emily Lipovan The Calendar 3 City Clerk, Clerk of Council Board of Control 3 Ward Name Civil Service 3 1 Board of Zoning Appeals 3 2 Robert J. White Board of Building Standards 3 Zachary Reed and Building Appeals 5 4 Kenneth L. Johnson Public Notice 5 5 Phyllis E. Cleveland Public Hearings 5 6 Patricia J. Britt City of Cleveland Bids 5 7 Fannie M. Lewis Adopted Resolutions 8 Sabra Pierce Scott and Ordinances 6 9 Kevin Conwell Committee Meetings 6 10 Roosevelt Coats Index 6 11 Michael D. Polensek 12 Anthony Brancatelli 13 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 10 Roosevelt Coats ...... 1775 Cliffview Road 44112 DEPT. OF CONSUMER AFFAIRS – Angel Guzman, Director 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 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 – Emily Lipovan, 216 City Hall, 664–2840 J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. First Assistant Clerk – Sandra Franklin 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. Tracy Y. Martin, 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 BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President; Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney. Debra Linn Talley, Director, Office of Equal Opportunity BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Robert DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel, J. Triozzi; Councilman ______. Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106 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 Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Pinkney, Rev. Sam Edward Small, Council Member Joe Cimperman. City Treasury – Algeron Walker, Treasurer, Room 115 FAIR CAMPAIGN FINANCE COMMISSION – Chris Warren, C. Ellen Connally, Hillary S. Financial Reporting and Control – James Gentile, Controller, Room 18 Taylor. Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair 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 FAIR HOUSING BOARD – Charles See, Chair; ______, Vice Chair; Daniel Conway, Doris DEPT. OF PUBLIC UTILITIES – Julius Ciaccia, Director, 1201 Lakeside Avenue 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 CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman; Water Pollution Control – Ollie Shaw, Commissioner 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, Don Neebes, Council President Martin J. Sweeney; Law Director Robert J. Triozzi. DIVISIONS: Air Quality – Richard L. Nemeth, Commissioner 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 JUDGE COURTROOM ASSIGNMENTS DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street 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 , 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. 94 WEDNESDAY, JULY 11, 2007 No. 4883 CITY COUNCIL MONDAY, JULY 9, 2007

The City Record WEDNESDAY—Alternating EXAMINATION RESULTS: Each Published weekly by the City Clerk, applicant whether passing or failing 1:30 P.M. — Public Utilities Com- will be notified of the results of the Clerk of Council under authority mittee: Zone, Chair; Reed, Vice Chair; examination as soon as the commis- of the Charter of the Cleveland, Cummins, Keane, Kelley, sion has graded the papers. There- City of Cleveland Polensek, Santiago, Westbrook. after, eligible lists will be estab- The City Record is available 1:30 P.M. — City Planning Com- lished which will consist of the online at mittee: Cimperman, Chair, West- names of those candidates who have www.clevelandcitycouncil.org brook, Vice Chair, Conwell, Keane, been successful in all parts of the examination. Address all communications to Lewis, Reed, Zone.

EMILY LIPOVAN The following Committees are PHYSICAL EXAMINATION: All City Clerk, Clerk of Council subject to the Call of the Chair: candidates for original entrance po- 216 City Hall Rules Committee: Sweeney, Chair; sitions who are successful in other Cleveland, Kelley, Pierce Scott, parts of the examinations must sub- PERMANENT SCHEDULE Polensek. mit to a physical examination. STANDING COMMITTEES Personnel and Operations Commit- tee: Sweeney, Chair; Britt, Kelley, REYNALDO GALINDO, OF THE COUNCIL Pierce Scott, Santiago, Westbrook, President 2006-2009 White. Mayor’s Appointment Committee: SCHEDULE OF THE BOARD MONDAY—Alternating Coats, Chair; Pierce Scott, Kelley, Sweeney, Westbrook. OF ZONING APPEALS 9:30 A.M. — Public Parks, Prop- erty & Recreation Committee: John- son, Chair; White, Vice Chair; Bran- OFFICIAL PROCEEDINGS MONDAY, JULY 23, 2007 catelli, Cummins, Kelley, Polensek, CITY COUNCIL Turner. 9:30 A.M. 9:30 A.M. — Health & Human Ser- ______vices Committee: Britt, Chair; Cleve- Calendar No. 07-109: 7405 Herman land, Vice Chair; Conwell, Kelley, NO MEETING Avenue (Ward 17) Reed, Santiago, Westbrook. Detroit Shoreway Community De- 11:00 A.M. — Public Service Com- velopment Organization, owner and mittee: Brady, Chair; Turner, Vice THE CALENDAR Jeff Marks, agent, appeal to erect a Chair; Cleveland, Cummins, Johnson, 14' x 20' one-story frame, accessory Polensek, Reed, Santiago, White. garage, situated on a 59.58' x 87' 11:00 A.M. — Legislation Commit- The following measures will be on corner parcel located in a Two-Fam- tee: Cleveland, Chair; Keane, Vice their final passage at the next meet- ily District on the southwest corner Chair; Cimperman, Lewis, Pierce ing: of Herman Avenue and West 74th Scott, Reed, White. Street at 7405 Herman Avenue; and NONE contrary to the Side Street Yard MONDAY Regulations, on the rear of a corner lot in any use district where the 2:00 P.M. — Finance Committee: rear lot line of the corner lot is also Sweeney, Chair; Cimperman, Vice BOARD OF CONTROL the side line of a butt lot in the rear Chair; Brady, Brancatelli, Britt, or a boundary line, and a setback Coats, Conwell, Pierce Scott, West- building line is established, no brook, White, Zone. NO MEETING building shall be erected in the TUESDAY building setback line for the butt lot, and an 8 foot setback is pro- 9:30 A.M. — Community and Econo- CIVIL SERVICE NOTICES vided where 21.9 foot is required mic Development Committee: Pierce ______according to the provisions of Sec- Scott, Chair; Brancatelli, Vice Chair; tion 357.05(b)(2) of the Codified Ordinances. Brady, Cimperman, Cummins, Coats, General Information Lewis, Westbrook. Zone. Calendar No. 07-110: 7814 Cedar Ave- 1:30 P.M. — Employment, Affirma- Application blanks and informa- tive Action & Training Committee: nue (Ward 5) tion, regarding minimum entrance Lewis, Chair; Santiago, Vice Chair; Mahmoud Jaber, owner, appeals to qualifications, scope of examination, Brancatelli, Coats, Conwell, John- construct a new car wash to be sit- and suggested reference materials son, Turner. uated on a 98.93' x 156.33' corner may be obtained at the office of the parcel located in a General Retail WEDNESDAY—Alternating Civil Service Commission, Room 119, Business District on the northwest City Hall, East 6th Street, and Lake- corner of Cedar Avenue and East 10:00 A.M. — Aviation & Trans- side Avenue. 79th Street at 7814 Cedar Avenue, portation Committee: Kelley, Chair; Application blanks must be prop- where an automobile laundry may Westbrook, Vice Chair; Brancatelli, erly filled out on the official form not be located less than 100 feet Britt, Cleveland, Keane, Turner. prescribed by the Civil Service Com- from a Residence District, the pro- 10:00 A.M. — Public Safety Com- mission and filed at the office of the posed new car wash abuts a Multi- mittee: Conwell, Chair; Brady, Vice commission not later than the final Family District, contrary to Section Chair; Britt, Coats, Cummins, Kel- closing date slated in the examina- 343.11(b)(2)(1) of the Codified Ordi- ley, Polensek, Santiago, Turner. tion announcement. nances. 1215 4 The City Record July 11, 2007

Calendar No. 07-112: 722-730 Stark- trary to Section 355.04(b), a maxi- six unit condominium building and weather Avenue (Ward 13) mum gross floor area of 11,286 erect a five car garage in a Local Valleyview Tremont, Inc., owner, square feet is provided where 10,617 Retail Business District. appeals to erect 7 buildings with 14 square feet is allowed, with a mini- units of single family attached mum floor area of 683 square feet Calendar No. 07-95: 3200 East 79th townhomes, proposed to be situated per dwelling provided where 950 Street on a consolidated corner parcel in square feet is required, and access Ruckea Properties Ltd. appealed split zoning between a Local Retail to accessory parking being located to establish use as a day care cen- Business District and a Two-Family and arranged to minimize traffic ter in an existing one-story mason- District on the northwest corner of congestion, pursuant to the Division ry building in a General Industry Starkweather Avenue and Thurman of Traffic Engineering according to District. Court at 722-730 Starkweather Ave- Section 349.07(c) pf the Codified nue; subject to Section 327.02(e) lot Ordinances. Calendar No. 07-96: 16000 Kipling Ave- consolidation approval is required nue by Engineering and Construction; Calendar No. 07-114: 16800 Waterloo Umberto Montoni appealed to and subject to the limitations of Sec- Road (Ward 11) change use from retail and two tion 337.02 in a Two-Family District, Musmor Properties LLC and Com- dwelling units to a three dwelling 11 units are proposed and not more mercial Alloys appeal for an expan- unit building in a Local Retail Busi- than 2 are allowed; and under Sec- sion of use at an existing metals ness District; subject to conditions. tion 349.07(c), access to accessory recycling center, situated acreage parking shall be located and located in zoning for Semi-Industry Calendar No. 07-98: 13040-46 Lorain arranged to minimize traffic con- and General Industry Districts on Avenue gestion pursuant to the Division of the south side of Waterloo Road at Hoertz Realty appeals to add out- Traffic Engineering; a maximum 16800 Waterloo Road; and no expan- door seating for an existing restau- gross floor area of 25,146 square feet sion of an existing nonconforming rant in a General Retail Business exceeds 50 percent of the lot size, or use shall be permitted except as a District. 22,974 square feet; the minimum lot variance under the terms of Chap- area per dwelling unit being 4,800 ter 329, and no substitution or other Calendar No. 07-79: 3200 Franklin square feet; and contrary to Section change in such nonconforming use Boulevard 357.04(a) a front yard distance of 13 to other than a conforming use James Sosan and Franklin Lofts feet is provided where 36 feet is shall be permitted except by special Condominiums LLC appealed to required; and the provisions of Sec- permit from the Board of Zoning change from a recreation center to tion 357.05(b) require there to be a Appeals. Such special permit may 22 dwelling units and an accessory building line of not less than 10 be issued only if the Board finds exercise room the use of an existing feet, where the side street on the after public hearing that such three-story building in a Two-Fami- rear third of a corner lot in a Local change is no more harmful or objec- ly District. Retail Business District abuts a Res- tionable than the previous noncon- idence District; and contrary to Sec- forming use in floor or other space The following appeals were De- tion 357.13(b)(4), a projection of 8 occupied, in volume of trade or pro- nied: feet and 10 feet are provided where duction, in kind of goods sold or open porches and trellises may not produced, in daily hours or other Calendar No. 07-100: 17201 St. Clair exceed a 6 foot projection, and may period of use, in the type or num- Avenue not extend to within 10 feet of the ber of persons to occupy or be Ted Chait and Cleveland Ameri- property line; and the distance attracted to the premises or in any can Auto Wrecking, Inc. appealed between rear buildings shall not be other characteristic of the new use from a Notice of Violation issued by less than 40' feet according to Sec- as compared with the previous use, the Building and Housing Depart- tion 357.15(a) of the Codified Ordi- according to Section 359.01(a) of ment. nances. the Codified Ordinances. Calendar No. 07-68: 2704 Clark Ave- Calendar No. 07-113: 736-754 Stark- Calendar No. 07-115: 19142 Davin- nue weather Avenue (Ward 13) wood Drive (Ward 21) Gerald Zahler, owner, and Gennie Valleyview Tremont, Inc., owner, Rodica Cocan, owner, appeals to Rodriguez, d.b.a. La Copa Sports appeals to erect 7 buildings with 14 install a 5 foot x 7 foot hot tub on Bar, tenant, appealed from being units of single family attached a 7 foot x 7 foot deck at the rear of denied a Coin Operated Pool Table townhomes, proposed to be situated a one-story brick dwelling, situated License by the Commissioner of on a consolidated parcel at the on an approximate 50' x 145' parcel Assessments and Licenses. northwest corner of Starkweather located in an A1 One-Family District Avenue and West 7th Street in split on the east side of Davinwood Drive Calendar No. 07-69: 2704 Clark Ave- zoning between a Local Retail Busi- at 19142 Davinwood Drive; the pro- nue ness and Two-Family Districts iden- posed accessory use measures 71.5 Gerald Zahler, owner, and Gennie tified as 736-754 Starkweather Ave- feet, an overage of 11.4 feet, where Rodriguez, d.b.a. La Copa Sports nue; subject to Section 327.02(e) lot 60.1 foot is allowed, according to the Bar, tenant, appealed from being consolidation approval is required provisions of Section 337.23(a) of the denied a Coin Operated Amusement by Engineering and Construction; Codified Ordinances. Device License by the Commission- and subject to the limitations of Sec- er of Assessments and Licenses. tion 337.02, more than two single Secretary family dwellings are first permitted The following appeal was With- in a Multi-Family District; and con- drawn: trary to Section 357.04(a) a front REPORT OF THE BOARD yard distance of 13 feet is provided None. where 35 feet is required; and the OF ZONING APPEALS provisions of Section 357.05(b) re- The following appeal was Dis- quire there to be a building line of missed: not less than 10 feet, where the side MONDAY, JULY 9, 2007 street on the rear third of a corner None. lot in a Local Retail Business Dis- At the meeting of the Board of trict abuts a Residence District; and Zoning Appeals on Monday, July 9, The following appeal was Post- the distance between rear buildings 2007, the following appeals were poned: shall not be less than 40' feet heard by the Board. according to Section 357.15(a); and None. contrary to Section 357.13(b)(4), a The following appeals were Ap- 6.5 foot projection is provided where proved: In Executive Session on July 9, open porches and trellises may not 2007, the following appeals heard by exceed a 6 foot projection, and Calendar No. 07-94: 231 East 156th the Board on July 2, 2007 were rati- extends from the property line in a Street fied. range of zero to 7 foot and 8 foot Northeast shores Development Cor- where not less than 10 feet from the poration appealed to change use of The following appeals were Ap- property line is allowed; and con- a four unit apartment building to a proved: 1216 July 11, 2007 The City Record 5

Calendar No. 07-89: 15314 Macauley CITY OF CLEVELAND BIDS WEDNESDAY, AUGUST 1, 2007 Avenue Frank Zigman, owner, and Tom- Tree Removal, for the Division of mie Rambo, lessee, appealed to Park Maintenance and Properties, change from a funeral home to a For All Departments Department of Parks, Recreation church the use of an existing two- and Properties, as authorized by story building in a Two-Family Dis- Sealed bids will be received at the Ordinance No. 784-07, passed by trict. office of the Commissioner of Pur- the Council of the City of Cleve- chases and Supplies, Room 128, City land, June 4, 2007. Hall, in accordance with the append- Calendar No. 07-93: 3610 Superior THERE WILL BE A MANDATORY ed schedule, and will be opened and Avenue PRE-BID MEETING MONDAY, read in Room 128, City Hall, imme- Judy Ho Chiu, owner, appealed to JULY 23, 2007 AT 10:00 A.M., THE diately thereafter. change use from a carry-out restau- GREEN HOUSE, 75 EAST 88TH Each bid must be made in accor- rant to a restaurant with dining in STREET, CLEVELAND, dance with the specifications and service in a one and two-story build- must be submitted on the blanks 44108. ing in a Semi-Industry District. supplied for the purpose, all of THE CITY OF CLEVELAND WILL which may be obtained at the office NOT CONSIDER THE BID OF The following appeal heard by the of the said Commissioner of Pur- ANYONE WHO DOES NOT AT- Board on January 16, 2007 was rat- chases and Supplies, but no bid will TEND A MANDATORY PRE-BID ified by the Board on July 9, 2007: be considered unless delivered to CONFERENCE. the office of the said commissioner The following appeal was De- previous to 12:00 noon (Eastern Tree Planting, for the Division of nied: Standard Time) on the date speci- Park Maintenance and Properties, fied in the schedule. Department of Parks, Recreation Calendar No. 06-245: 3881 West 134th 187.10 Negotiated contracts; Notice and Properties, as authorized by Street required in Advertisement for Bids. Ordinance No. 784-07, passed by Clyde Gazda appealed for a vari- Where invitations for bids are the Council of the City of Cleve- ance from the Fence Regulations advertised, the following notice land, June 4, 2007. for installation of fence in an actu- shall be included in the advertise- THERE WILL BE A MANDATORY al front yard of a Two-Family Dis- ment: “Pursuant to the MBE/FBE PRE-BID MEETING MONDAY, trict. Code, each prime bidder, each minor- JULY 23, 2007 AT 10:00 A.M., THE ity business enterprise (“MBE”) and GREEN HOUSE, 75 EAST 88TH Secretary each female business enterprise STREET, CLEVELAND, OHIO (“FBE”) must be certified before 44108. doing business with the City. There- REPORT OF THE BOARD THE CITY OF CLEVELAND WILL fore, any prime contractor wishing NOT CONSIDER THE BID OF OF BUILDING STANDARDS to receive credit for using an MBE ANYONE WHO DOES NOT AT- or FBE should ensure that applica- AND BUILDING APPEALS TEND A MANDATORY PRE-BID tions for certification as to MBE or CONFERENCE. FBE status compliance with the Code, affirmative action in employ- Renovation of Main File and Office ment and, if applicable, joint ven- Areas, for the Division of Archi- NO MEETING ture status, are submitted to the Of- tecture, Department of Public fice of Equal Opportunity (“OEO”) Service, as authorized by Ordi- prior to the date of bid opening or nance No. 835-02, passed by the submission of proposals or as speci- PUBLIC NOTICE Council of the City of Cleveland, fied by the Director. Failure to com- June 3, 2002. ply with the business enterprise code or with representations made THERE WILL BE A REFUNDABLE NONE on these forms may result in can- FEE FOR PLANS/SPECIFICA- cellation of the contract or other TIONS IN THE AMOUNT OF civil or criminal penalties.” FIFTY DOLLARS ($50.00) IN THE NOTICE OF PUBLIC HEARING FORM OF A CASHIER’S CHECK FRIDAY, JULY 27, 2007 AND/OR MONEY ORDER (NO COMPANY CHECKS AND NO CASH WILL BE ACCEPTED). DRAFT GENERAL NOTICE Criminal and Civil Filing Systems, for the Division of Cleveland THERE WILL BE A NON-MAN- OF PURPA HEARINGS Municipal Court, Department of DATORY PRE-BID MEETING TO BE SENT PRE-AUGUST 8, 2007: Finance, as authorized by Ordi- THURSDAY, JULY 26, 2007 AT nance No. 773-07, passed by the 10:00 A.M., DIVISION OF ARCHI- The City of Cleveland Council Council of the City of Cleveland, TECTURE, CONFERENCE ROOM, Committee on Public Utilities will June 4, 2007. ROOM 517, 601 LAKESIDE AVE- hold public hearings to consider THERE WILL BE A NON-MANDA- NUE, CLEVELAND, OHIO 44114. whether Cleveland Public Power TORY PRE-BID MEETING, FRI- should adopt standards for fuel DAY, JULY 20, 2007 AT 2:00 P.M., Toro Mower Parts for Golf Courses, sources and fossil fuel generation CLEVELAND MUNICIPAL CLERK for the Division of Recreation, efficiency, as set forth in amend- OF COURTS, JUSTICE CENTER, Department of Parks, Recreation ments to the federal Public Utility 1200 ONTARIO STREET, LEVEL and Properties, as authorized by Regulatory Policies Act (Section TWO, CLEVELAND, OHIO 44113. Ordinance No. 816-05, passed by 1251 of the Energy Policy Act of the Council of the City of Cleve- 2005). Hearings are scheduled for Purchase of Janitorial Maintenance land, June 6, 2005. the following dates: and Cleaning Supplies, for the Var- THERE WILL BE A NON-MAN- ious Divisions of Port Control, DATORY PRE-BID MEETING • Thursday, November 29, 2007 Department of Port Control, as TUESDAY, JULY 24, 2007 AT • Wednesday, April 23, 2008 authorized by Ordinance No. 192- 10:00 A.M., DIVISION OF RECRE- • Wednesday, May 21, 2008 07, passed by the Council of the ATION, ROOM #8, 601 LAKE- City of Cleveland, March 12, 2007. SIDE AVENUE, CLEVELAND, Within 2 weeks of each hearing, THERE WILL BE A NON-MANDA- OHIO 44114. additional public notice will be TORY PRE-BID MEETING FRI- provided in the Cleveland Plain DAY, JULY 20, 2007 AT 10:00 Direct Haul of Municipal Solid Dealer, Sun Newspapers, the Cleve- A.M., CLEVELAND HOPKINS IN- Waste/Contingency, for the Divi- land Daily Legal News, and the TERNATIONAL AIRPORT’S CEN- Legislative Calendar of the City TRAL RECEIVING BUILDING, sion of Waste Collection and Dis- of Cleveland Council website at: 19451 FIVE POINTS ROAD, posal, Department of Public Ser- http://www.clevelandcitycouncil.org/. CLEVELAND, OHIO 44135-3193. vice, as authorized by Ordinance No. 494-07, passed by the Council _____ of the City of Cleveland, April 30, July 11, 2007 July 11, 2007 and July 18, 2007 2007. 1217 6 The City Record July 11, 2007

THERE WILL BE A NON-MANDA- Council of the City of Cleveland, Pipe Repair Couplings (Group A), TORY PRE-BID MEETING MON- March 7, 2007. for the Division of Water, Depart- DAY, JULY 23, 2007 AT 10:00 THERE WILL BE A NON-MAN- ment of Public Utilities, as autho- A.M., DIVISION OF WASTE COL- DATORY PRE-BID MEETING, rized by Section 129.25 of the LECTION, 5600 CARNEGIE AVE- TUESDAY, JULY 24, 2007 AT Codified Ordinances of Cleveland, NUE, CLEVELAND, OHIO 44103. 10:30 A.M., CITY HALL, DIVI- Ohio, 1976. SION OF PURCHASES & SUP- THERE WILL BE A NON-MAN- Nuisance Animal Trapping, for the PLIES, ROOM 128, 601 LAKE- DATORY PRE-BID MEETING Division of Environment, Depart- SIDE AVENUE, CLEVELAND, FRIDAY, JULY 20, 2007 AT 10:30 ment of Public Health, as autho- OHIO 44114. A.M., DISTRIBUTION AND MAIN- rized by Ordinance No. 684-07, TENANCE, PIPE REPAIR CON- passed by the Council of the City FERENCE ROOM, 4600 HAR- VARD AVENUE, NEWBURGH of Cleveland, June 4, 2007. July 11, 2007 and July 18, 2007 HEIGHTS, OHIO 44105. THERE WILL BE A NON-MAN- DATORY PRE-BID MEETING FRIDAY, AUGUST 3, 2007 FRIDAY, JULY 20, 2007 AT 11:30 July 11, 2007 and July 18, 2007 A.M., MURAL BUILDING, 1925 ST. Commercial Gases, for the Various Divisions of City Government, CLAIR AVENUE, CLEVELAND, ADOPTED RESOLUTIONS OHIO 44114. Department of Finance, as autho- rized by Ordinance No. 881-07, AND ORDINANCES passed by the Council of the City July 11, 2007 and July 18, 2007 of Cleveland, June 11, 2007. THERE WILL BE A NON-MAN- NONE THURSDAY, AUGUST 2, 2007 DATORY PRE-BID MEETING, TUESDAY, JULY 24, 2007 AT 1:30 COUNCIL COMMITTEE Lumber, for the Various Divisions of P.M., CITY HALL, DIVISION OF MEETINGS City Government, Department of PURCHASES & SUPPLIES, ROOM Finance, as authorized by Ordi- 128, 601 LAKESIDE AVENUE, nance No. 179-07, passed by the CLEVELAND, OHIO 44114. NO MEETINGS

Index

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

Board of Zoning Appeals — Report

Clark Avenue, 2704, (Ward 14) — Gerald Zahler, owner and Gennie Rodriguez, d.b.a., La Copa Sports Bar, tenant — appeal heard on 7/23/2007 (Cal. 07-68) ...... 1216 East 156th Street, 231, (Ward 11) — Northeast Shores Development Corporation, owner — appeal heard on 7/9/2007 (Cal. 07-94) ...... 1216 East 79th Street, 3200, (Ward 5) — Ruckea Properties Ltd. and John Kealy, owner — appeal heard on 7/9/2007 (Cal. 07-95) ...... 1216 Franklin Boulevard, 3200, (Ward 13) — James Sosan and Franklin Lofts Condominiums LLC, owner — appeal heard on 7/23/2007 (Cal. 07-79) ...... 1216 Kipling Avenue, 16000, (Ward 11) — Umberto Montoni, owner — appeal heard on 7/9/2007 (Cal. 07-96) ...... 1216 Lorain Avenue, 13040-46, (Ward 19) — Hoertz Realty, owner, Der Braumeister and Gwen Hoertz, tennant — appeal heard on 7/9/2007 (Cal. 07-98) ...... 1216 Macauley Avenue, 15314, (Ward 11) — Frank Zigman, owner and Tommie Rambo, lessee — appeal granted and adopted on 7/9/2007 (Cal. 07-89) ...... 1217 St. Clair Avenue, 17201, (Ward 11) — Ted Chait and Cleveland American Auto Wrecking, Inc. — appeal heard on 7/9/2007 (Cal. 07-100) ...... 1216 Superior Avenue, 3610, (Ward 13) — Judy Ho Chiu, owner — appeal granted and adopted on 7/9/2007 (Cal. 07-93) ...... 1217 West 134th Street, 3881, (Ward 20) — Clyde Gazda, owner — appeal granted and adopted on 7/9/2007 (Cal. 06-245) ...... 1217

Board of Zoning Appeals — Schedule

Cedar Avenue, 7814, (Ward 5) — Mahmoud Jaber, owner 7/23/2007 (Cal. 07-110) ...... 1215 Davinwood Drive, 19142, (Ward 21) — Rodica Cocan, owner 7/23/2007 (Cal. 07-115) ...... 1216 Herman Avenue, 7405, (Ward 17) — Detroit Shoreway Community Development Organization, owner and Jeff Marks, agent 7/23/2007 (Cal. 07-109)...... 1215 Starkweather Avenue, 722-730, (Ward 13) — Valleyview Tremont, Inc., owner 7/23/2007 (Cal. 07-112) ...... 1216 Starkweather Avenue, 736-754, (Ward 13) — Valleyview Tremont, Inc., owner 7/23/2007 (Cal. 07-113) ...... 1216 Waterloo Road, 16800, (Ward 11) — Musmor Properties LLC and Commercial Alloys Inc., owner 7/23/2007 (Cal. 07-114) ...... 1216 1218 July 11, 2007 The City Record 7

City of Cleveland Bids

Animal trapping — Department of Public Health — Division of Environment — per Ord. 684-07 — bid due August 1, 2007 (advertised 7/11/2007 and 7/18/2007) ...... 1218 City Hall — Main File and Office Area renovations — Department of Public Service — Division of Architecture — per Ord. 835-02 — bid due August 1, 2007 (advertised 7/11/2007 and 7/18/2007)...... 1217 Commercial gases — Department of Finance — per Ord. 881-07 — bid due August 3, 2007 (advertised 7/11/2007 and 7/18/2007)...... 1218 Criminal and Civil filing systems — Department of Finance — behalf of Cleveland Municipal Court — per Ord. 773-07 — bid due July 27, 2007 (advertised 7/11/2007 and 7/18/2007)...... 1217 Janitorial, maintenance and cleaning supplies — Department of Port Control — per Ord. 192-07 — bid due July 27, 2007 (advertised 7/11/2007 and 7/18/2007) ...... 1217 Lumber — Department of Finance — per Ord. 179-07 — bid due August 2, 2007 (advertised 7/11/2007 and 7/18/2007)...... 1218 Pipe repair couplings (Group A) — Department of Public Utilities — Division of Water — per C.O. Sec. 129.25 — bid due August 3, 2007 (advertised 7/11/2007 and 7/18/2007) ...... 1218 Solid waste direct haul (Contract “Contingency”) — Department of Public Service — Division of Waste Collection and Disposal — per Ord. 494-07 — bid due August 1, 2007 (advertised 7/11/2007 and 7/18/2007)...... 1217 Toro mower parts (golf courses) — Department of Parks, Recreation and Properties — Division of Recreation — per Ord. 816-05 — bid due August 1, 2007 (advertised 7/11/2007 and 7/18/2007)...... 1217 Tree planting — Department of Parks, Recreation and Properties — Division of Park Maintenance and Properties — per Ord. 784-07 — bid due August 1, 2007 (advertised 7/11/2007 and 7/18/2007)...... 1217 Tree removal — Department of Parks, Recreation and Properties — Division of Park Maintenance and Properties — per Ord. 784-07 — bid due August 1, 2007 (advertised 7/11/2007 and 7/18/2007)...... 1217

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