the city record - dln · 2012. 3. 20. · water – julius ciaccia, jr., commissioner water...

Containing PAGE

City Council 3The Calendar 35Board of Control 43Civil Service 46Board of Zoning Appeals 46Board of Building Standards

and Building Appeals 47Public Notice 47Public Hearings 47City of Cleveland Bids 47Adopted Resolutions

and Ordinances 48Committee Meetings 56Index 56

The City RecordOfficial Publication of the Council of the City of Cleveland

March the Tenth, Two Thousand and Four

Jane L. CampbellMayor

Frank G. JacksonPresident of Council

Valarie J. McCallCity Clerk, Clerk of Council

Ward Name1 Joseph T. Jones2 Robert J. White3 Zachary Reed4 Kenneth L. Johnson5 Frank G. Jackson6 Patricia J. Britt7 Fannie M. Lewis8 Sabra Pierce Scott9 Kevin Conwell

10 Roosevelt Coats11 Michael D. Polensek12 Edward W. Rybka13 Joe Cimperman14 Nelson Cintron, Jr.15 Merle R. Gordon16 Michael C. O’Malley17 Matthew Zone18 Jay Westbrook19 Dona Brady20 Martin J. Sweeney21 Michael A. Dolan

The City Record is available online atwww.clevelandcitycouncil.org

DIRECTORY OF CITY OFFICIALS

CITY COUNCIL – LEGISLATIVEPresident of Council – Frank G. Jackson

Ward Name Residence1 Joseph T. Jones ...................................................4691 East 177th Street 441282 Robert J. White ..................................................3760 East 126th Street 441053 Zachary Reed .....................................................3734 East 149th Street 441204 Kenneth L. Johnson...............................................2948 Hampton Road 441205 Frank G. Jackson..................................................2327 East 38th Street 441156 Patricia J. Britt........................................................12402 Britton Drive 441207 Fannie M. Lewis.........................................................7416 Star Avenue 441038 Sabra Pierce Scott ..............................................9212 Kempton Avenue 441089 Kevin Conwell ......................................................774 East 131st Street 44108

10 Roosevelt Coats.....................................................1775 Cliffview Road 4411211 Michael D. Polensek..............................................17855 Brian Avenue 4411912 Edward W. Rybka .................................................6832 Indiana Avenue 4410513 Joe Cimperman....................................................3053 West 12th Street 4411314 Nelson Cintron, Jr. ....................................................3004 Vega Avenue 4411315 Merle R. Gordon .................................................1700 Denison Avenue 4410916 Michael C. O’Malley ..........................................6710 Brookside Drive 4414417 Matthew Zone......................................................1228 West 69th Street 4410218 Jay Westbrook ...................................................1278 West 103rd Street 4410219 Dona Brady ..........................................................1272 West Boulevard 4410220 Martin J. Sweeney.............................................3632 West 133rd Street 4411121 Michael A. Dolan ...............................................16519 West Park Road 44111

City Clerk, Clerk of Council – Valarie J. McCall, 216 City Hall, 664–2840First Assistant Clerk – Sandra Franklin

MAYOR – Jane L. CampbellDebra M. Janik, Chief of StaffDarnell Brown, Executive AssistantTimothy Mueller, Executive AssistantCraig Tame, Executive AssistantGalen L. Schuerlein, Executive Assistant––––––––––––, Director, Office of Equal OpportunityMargreat A. Jackson, Legislative Affairs LiaisonErik Janas, Inter-Governmental Affairs OfficerLorna Wisham, Chief Public Affairs Officer

DEPT. OF LAW – Subodh Chandra, Director, Teresa Beasley, Chief Counsel, Rm. 106Karen E. Martines, Law Librarian, Room 100

DEPT. OF FINANCE – Robert H. Baker, Director, Room 104;Frank Badalamenti, Manager, Internal Audit

DIVISIONS: Accounts – Alan Schneider, Commissioner, Room 19Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122City Treasury – Algeron Walker, Treasurer, Room 115Financial Reporting and Control – James Gentile, Controller, Room 18Information Technology and Services – James S. Higgins, Commissioner, 1404 East 9th StreetPurchases and Supplies – Myrna Branche, Commissioner, Room 128Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside AvenueTaxation – Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue

DEPT. OF PUBLIC UTILITIES – Michael G. Konicek, Director, 1201 Lakeside Avenue

DIVISIONS – 1201 Lakeside AvenueCleveland Public Power – James F. Majer, CommissionerStreet Lighting Bureau – ______________, Acting ChiefUtilities Fiscal Control – Dennis Nichols, CommissionerWater – Julius Ciaccia, Jr., CommissionerWater Pollution Control – Darnell Brown, Commissioner

DEPT. OF PORT CONTROL – John C. Mok, DirectorCleveland Hopkins International Airport, 5300 Riverside DriveBurke Lakefront Airport – Khalid Bahhur, CommissionerCleveland Hopkins International Airport – Fred Szabo, Commissioner

DEPT. OF PUBLIC SERVICE – Mark Ricchiuto, Director, Room 113

DIVISIONS: Architecture – Kurt Weibusch, Commissioner, Room 517Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard YardsStreets – Randell T. Scott, Commissioner, Room 25Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue

DEPT. OF PUBLIC HEALTH – Matthew Carroll, Director, Mural Building, 1925 St. Clair Ave.DIVISIONS: Air Quality – CommissionerCorrection – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd.Environment – Willie Bess, Acting Commissioner, Mural Building, 1925 St. Clair Ave.Health – Dr. Wendy Johnson, Acting Commissioner, Mural Building, 1925 St. Clair Ave.

DEPT. OF PUBLIC SAFETY – Sanford E. Watson, Director, Room 230

DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th StreetEmergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe DriveFire – Kevin G. Gerrity, Chief, 1645 Superior AvenuePolice – Edward F. Lohn, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street

DEPT. OF PARKS, RECREATION & PROPERTIES – Natalie A. Ronayne, DirectorCleveland Convention Center, Clubroom A, 1220 East 6th StreetDIVISIONS: Convention Center & Stadium – James Glending, CommissionerPublic Auditorium, East 6th Street and Lakeside AvenueParking Facilities – Dennis Donahue, CommissionerPublic Auditorium, East 6th Street and Lakeside AvenuePark Maintenance and Properties – Richard L. Silva, CommissionerPublic Auditorium – East 6th Street and Lakeside AvenueProperty Management – Tom Nagle, Commissioner, East 49th Street & HarvardRecreation – Michael Cox, Commissioner, Room 8Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road

Burke Lakefront Airport

DEPT. OF COMMUNITY DEVELOPMENT – Linda M. Hudecek, Director, 3rd Floor, City HallDIVISIONS: Administrative Services – Terrence Ross, CommissionerNeighborhood Services – Louise V. Jackson, CommissionerNeighborhood Development – Joseph A. Sidoti, Commissioner

DEPT. OF BUILDING AND HOUSING – James G. Williams, Director, Room 500DIVISIONS: Code Enforcement – Tyrone L. Johnson, CommissionerConstruction Permitting – Timothy R. Wolosz, Commissioner

DEPT. OF PERSONNEL AND HUMAN RESOURCES – Gina Routen, Director, Room 121

DEPT. OF ECONOMIC DEVELOPMENT – Steven Sims, Director, Room 210

DEPT. OF AGING – Jane E. Fumich, Director, Room 122

DEPT. OF CONSUMER AFFAIRS – Kenya Taylor, Director

COMMUNITY RELATIONS BOARD – Room 11, Jeffrey D. Johnson, Director; Mayor JaneL. Campbell, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; CouncilmanKevin Conwell, Councilman Matthew Zone, City Council Representatives; Charles L.Patton, Jr., Paula Castleberry, Emmett Saunders, John Banno, Kathryn M. Hall, EvangelineHardaway, Janet Jankura, Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J.Livingstone, Margot James Copeland.

CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. EarlPreston, Vice President; Jonalyn M. Krupka, Secretary; Members: Diane M. Downing,William Morrison.

SINKING FUND COMMISSION – Jane L. Campbell, President; Council President FrankG. Jackson; Betsy Hruby, Asst. Sec’y.; Robert H. Baker, Director.

BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members;Margreat Hopkins, Ozell Dobbins, Joan Shaver Washington, Christopher Carmody,______________, Secretary.

BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Denk,Chairman; James Williams, Arthur Saunders, Alternate Members – D. Cox, P. Frank, E.P. O’Brien, Richard Pace, J.S. Sullivan.

BOARD OF REVISION OF ASSESSMENTS – Law Director Subodh Chandra, President;Finance Director Robert H. Baker, Secretary; Council President Frank G. Jackson.

BOARD OF SIDEWALK APPEALS – Service Director Mark Ricchiuto; Law DirectorSubodh Chandra; Councilman Martin J. Sweeney.

BOARD OF REVIEW – (Municipal Income Tax) – Law Director Subodh Chandra; UtilitiesDirector Michael G. Konicek; Council President Frank G. Jackson.

CITY PLANNING COMMISSION – Room 501 – Christopher S. Ronayne, Director;Anthony J. Coyne, Chairman; David Bowen, Lillian W. Burke, Lawrence A. Lumpkin,Gloria Jean Pinkney, Rev. Sam Edward Small, Councilman Joseph Cimperman.

FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela Caldwell,Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb,Council MemberNelson Cintron, Ed Romero.

HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,VickieEaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, MarciaNolan, David Perkowski, Joan Shaver Washington, Keith Sutton, Council Member MerleGordon.

FAIR HOUSING BOARD – Charles See, Chair; Cindy Barber, Vice Chair; Michael Doud,Doris Honsa, Richard Lenard.

CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman;Clint Martin, Mark Rivera.

MORAL CLAIMS COMMISSION – Law Director Subodh Chandra; Chairman; FinanceDirector Robert H. Baker; Council President Frank G. Jackson; Councilman Dona Brady;Councilman Martin J. Sweeney.

BOARD OF EXAMINERS OF ELECTRICIANS – Samuel Montfort, Chairman; DonaldBaulknilght, Anton J. Eichmuller, J. Gilbert Steele, Raymond Ossovicki, Chief ElectricalInspector; Laszlo V. Kemes, Secretary to the Board.

BOARD OF EXAMINERS OF PLUMBERS – Joseph Gyorky, Chairman; Earl S. Bumgarner,Alfred Fowler, Jozef Valencik, Lawrence Skule, Chief Plumbing Inspector; Laszlo V.Kemes, Secretary to the Board.

CLEVELAND LANDMARKS COMMISSION – Room 519 – Paul Volpe, Chair; Ted Sande,Vice Chair; James Gibans, India Pierce Lee, Robert Madison, Randall B. Shorr, ChrisRonayne, N. Kurt Wiebusch, Council Member Joe Cimperman, Dwayne J. Simpson; RobertKeiser, Secretary.

CLEVELAND MUNICIPAL COURTJUSTICE CENTER – 1200 ONTARIO STREET

JUDGE COURTROOM ASSIGNMENTSJudge Courtroom

Presiding and Administrative Judge Larry A. Jones 14BJudge Ronald B. Adrine 15AJudge Emanuella Groves 13AJudge Mabel M. Jasper 14DJudge Kathleen Ann Keough 13DJudge Mary Eileen Kilbane 14CJudge Anita Laster Mays 12CJudge Lauren C. Moore 12BJudge Raymond L. Pianka (Housing Court Judge) 13BJudge Angela R. Stokes 15CJudge Pauline H. Tarver 12AJudge Robert J. Triozzi 14AJudge Joseph J. Zone 13C

Earle B. Turner – Clerk of Courts, Michael E. Flanagan – Court Administrator, Paul J. Mizerak – Bailiff;Regina Daniel – Chief Probation Officer, Gregory F. Clifford – Chief Magistrate

355

CITY COUNCILMONDAY, MARCH 8, 2004

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 91 WEDNESDAY, MARCH 10, 2004 No. 4709

The City Record

The City RecordPublished weekly by the City Clerk,

Clerk of Council under authority

of the Charter of the

City of Cleveland

The City Record is available

online at

www.clevelandcitycouncil.org

Address all communications to

VALARIE J. McCALLCity Clerk, Clerk of Council

216 City Hall

PERMANENT SCHEDULE

STANDING COMMITTEES

OF THE COUNCIL

2002-2005

MONDAY

9:30 A.M. — Public Parks, Property& Recreation Committee: Johnson,Chairman; White, Vice Chairman;Cimperman, Dolan, Jones, Rybka,Sweeney.

MONDAY—Alternating

11:00 A.M. — Public Service Com-mittee: Sweeney, Chairman; Jones,Vice Chairman; Brady, Cimperman,Johnson, O’Malley, Polensek, White,Zone.

11:00 A.M. — Employment, Affir-mative Action & Training Commit-tee: Lewis, Chairman; Conwell, ViceChairman; Cintron, Coats, Johnson,Reed, Polensek.

MONDAY

2:00 P.M. — Finance Committee:Jackson, Chairman; Sweeney, ViceChairman; Brady, Britt, Coats, Gor-don, O’Malley, Reed, Scott, West-brook, White.

TUESDAY

9:30 A.M. — Community and Econo-mic Development Committee: Gor-don, Chairman; Cimperman, ViceChairman; Cintron, Coats, Jones,Lewis, Reed, Scott, Zone.

TUESDAY—Alternating

1:00 P.M. — Health & Human Ser-vices Committee: Britt, Chairman;Zone, Vice Chairman; Cintron, Con-well, Gordon, Scott, Polensek.

1:30 P.M. — Legislation Committee:White, Chairman; Scott, Vice Chair-man; Dolan, Gordon, Johnson, Ryb-ka, Westbrook.

WEDNESDAY—Alternating

10:00 A.M.—Aviation & Transporta-tion Committee: Westbrook, Chair-man; Sweeney, Vice Chairman; Britt,Dolan, Gordon, Reed, Rybka.

10:00 A.M. — Public Safety Com-mittee: Reed, Chairman; Britt, ViceChairman; Brady, Cimperman, Coats,Conwell, Jones, White, Zone.

WEDNESDAY—Alternating

1:30 P.M. — Public Utilities Com-mittee: Coats, Chairman; O’Malley,Vice Chairman; Brady, Cintron,Jones, Polensek, Sweeney, West-brook, Zone.

1:30 P.M.—City Planning Commit-tee: Cimperman, Chairman, Rybka,Vice Chairman, Conwell, Lewis,O’Malley, Scott, Westbrook.

The following Committees aresubject to the Call of the Chairman:

Rules Committee: Jackson, Chair-man; O’Malley, Reed, Sweeney,Westbrook.

Personnel and Operations Commit-tee: Gordon, Chairman; Britt, Cim-perman, Coats, Scott.

Mayor’s Appointment Committee:Coats, Chairman; Cintron, Reed,Pierce Scott, Westbrook.

OFFICIAL PROCEEDINGS

CITY COUNCIL______________

Cleveland, OhioMonday, March 8, 2004

The meeting of the Council wascalled to order, The President,Frank G. Jackson, in the Chair.

Council Members present: Brady,Britt, Cintron, Coats, Conwell,Dolan, Gordon, Johnson, Jones,Lewis, O’Malley, Pierce Scott, Polen-sek, Rybka, Sweeney, Westbrook,White and Zone.

Also present were Mayor Camp-bell, Chief of Staff Janik and Bar-bara A. Langhenry, Chief AssistantDirector of Law; Directors Baker,Konicek, Mok, Ricchiuto, Carroll,Watson, N. Ronayne, Hudecek,Williams, Routen, Sims, Fumich,Johnson and C. Ronayne and Mar-great Jackson, Legislative AffairsLiaison, John Goersmeyer, Assistantto the Press Secretary.

Pursuant to Ordinance No. 2926-76,prayer was offered by Rev. ThomasG. Wilson of the Church of the Liv-ing God, located at 9403 GarfieldBoulevard, Garfield Heights, Ohio.Pledge of Allegiance.

MOTION

On the motion of Council MemberBritt, the reading of the minutes ofthe last meeting was dispensed withand the journal approved. Secondedby Council Member Zone.

RECORDING OF VOTEOF ABSENT MEMBER

File No. 362-04.

MEMO

To: Valerie McCall,Clerk of CouncilFrom: Councilwoman Dona Brady,Ward 19Re: City Council Meeting

In accordance with Rule 22 of theRules of Council, I hereby requestthat my vote be recorded as a yeaon the legislation passed and adopt-ed by Cleveland City Council onMarch 1, 2004.

Thank you

Received.

RECORD OF VOTEIn accordance with the request of

Council Member Brady and Rule 22of the Rules of Council, the vote onthe following ordinances and reso-lutions passed and adopted by Cleve-land City Council on March 1, 2004is changed as follows:

Ord. No. 66-04.Yeas 20. Nays 0.

COMMUNICATIONS

File No. 121-04-A.From Pension Benefit Guaranty

Corporation — response to Resolu-tion No. 121-04. Received.

File No. 363-04.From the Finance Department —

Annual report of licenses and per-mits issued during the fiscal year of2003. Received.

File No. 364-04.From the Cleveland Municipal

Court — notification of changes asa result of the November 2003 elec-tion. Received.

File No. 365-04.From Huntington Bank’s Northern

Ohio Region associates — Concordnewsletter, The People and Commu-nities of Huntington, Volume 3.Received.

File No. 366-04.From the City of Solon — copy of

Resolution No. 2004-47 re: opposingHouse Bill 208. Received.

File No. 367-04.From the City of Akron — copy

of Resolution No. 40-2004 re: sup-porting Senate Bill 177. Received.

File No. 368-04.From Vorys, Sater, Seymour and

Pease, LLP re: Dominion ClevelandThermal, LLC Application for Ap-proval of New Load Steam ServiceAgreement. Received.

File No. 369-04.From the Cleveland Clinic Foun-

dation — Notice of Operations forcalendar year 2003. Received.

File No. 370-04.From the Living Wage Coordina-

tor re: C.O. 186.05 Monitoring andEnforcement Living Wage Law. Re-ceived.

File No. 371-04.From the Division of Engineering

& Construction — revised copy ofthe rules and regulations for the50/50 Hazardous Sidewalk RepairProgram published in the February18, 2004 City Record. Received.

FROM DEPARTMENT OFLIQUOR CONTROL

File No. 372-04.Re: New Application — 01007780325

— Aldi, Inc., Ohio, d.b.a. Aldi #4,18325 Euclid Avenue, Unit #3.(Ward 10). Received.

File No. 373-04.Re: New Application — 8699981 —

Super Drive Thru, Inc., 11625 Supe-rior Avenue. (Ward 9). Received.


— Tap Investments, LLC., 15222Waterloo Avenue. (Ward 11). Re-ceived.


— Tap Investments LLC., 3474 West25th Street. (Ward 15). Received.


Hanini 7 Oil, Inc., d.b.a. West 65 GasUSA, 6501 Denison Avenue. (Ward16). Received.


Host English Joint Venture, d.b.a.Cleveland Emporium, 5300 RiversideDrive. (Ward 20). Received.


— American Cash, Inc., d.b.a. Ameri-can Cash Exchange, 14039 LorainAvenue. (Ward 21). Received.

File No. 379-04.Re: Transfer of Ownership Appli-

cation — 0006500 — A. & S/12702LLC, 12702 Lorain Avenue. (Ward19). Received.


cation — 3505178 — Hajnaj, Inc.,d.b.a. Stop N Stop, first floor northside only, 13501 Lakewood HeightsBoulevard. (Ward 19). Received.


cation — 6549163 — 1211 Enter-prises, Inc., d.b.a. House of CuesCafe, Suites 103 & 104 & Basement,740 W. Superior Avenue. (Ward 13).Received.


cation — 9823711 — Yaya Market,Inc., 9901-03 Union Avenue, firstfloor and basement. (Ward 5). Re-ceived.


cation — 4622081 — Kickstand Smit-ty’s Saloon, Inc., 11121 Western Ave-nue, first floor and basement. (Ward19). Received.


cation — 2455588 — 8023 Food Corp.,d.b.a. In & Out Food Deal, 8023 Supe-rior Avenue. (Ward 7). Received.


cation — 2850894 — 4025 E. 131, Inc.,d.b.a. Lucky’s Market, 4025 East131st Street. (Ward 3). Received.


cation — 0003632 — A1 Liquor &Beverage LLC, d.b.a. 1 Stop Liquor& Beverage, 11618 Buckeye Road,first floor and basement. (Ward 4).Received.

File No. 387-04.Re: Transfer of Location Applica-

tion — 131063800006 — Case West-ern Reserve University, d.b.a. Spot,1619 Juniper Road. (Ward 9). Re-ceived.

File No. 388-04.Re: Transfer of Location Applica-

tion — 13106380016 — Case WesternReserve University, d.b.a. Charlie’sPlace at Thwing Center, 11111 Eu-clid Avenue. (Ward 9). Received.

File No. 389-04.Re: Liquor Agency Contract —

0003632 — A1 Liquor & BeverageLLC, d.b.a. 1 Stop Liquor & Bever-age, 11618 Buckeye Road, first floorand basement. (Ward 4). Received.

OATH OF OFFICE

File No. 390-04.Reynaldo Galindo — oath of office

— Member of the Civil Service Com-mission. Received.

File No. 391-04.Reverend Earl Preston, Jr. — oath

of office — member of the Civil Ser-vice Commission. Received.

File No. 392-04.Jonalyn M. Krupka — oath of

office — Secretary of the Civil Ser-vice Commission. Received.

CONDOLENCE RESOLUTIONS

The rules were suspended and thefollowing Resolutions were adoptedby a rising vote:

Res. No. 393-04—Stanley Eng.Res. No. 394-04—Sam A. Brooks.

Res. No. 395-04—Myron TheresaThornton.

Res. No. 396-04 — Barbara JaneHodge.

Res. No. 397-04 — William CarlosByrd.

Res. No. 398-04 — Louis RenardGreen.

Res. No. 399-04 — Pastor HowardMcGlothan.

Res. No. 400-04 — Cleo TuckerHolmes.

Res. No. 401-04 — Ann RaphaelMazurek.

Res. No. 402-04 — Wilma LeePianka.

Res. No. 403-04—Jerry Bush.Res. No. 404-04—Irvin L. White.

CONGRATULATION RESOLUTIONS

The rules were suspended and thefollowing Resolutions were adoptedwithout objection:

Res. No. 405-04—Ernestine Perry.Res. No. 406-04—Bishop Eugene W.

Ward, Jr.Res. No. 407-04—James L. Mason.

RECOGNITION RESOLUTIONS

The rules were suspended and thefollowing Resolutions were adoptedwithout objection:

Res. No. 408-04—Kaye Ballard.Res. No. 409-04—Reverend Adrian

T. Lynum.Res. No. 410-04—Preston Few.Res. No. 411-04—Sarah Roberts.Res. No. 412-04—Todd D. Middle-

ton.

WELCOME RESOLUTION

The rules were suspended and thefollowing Resolution was adoptedwithout objection:

Res. No. 347-04 — Michael O’Ken-nedy.

FIRST READING EMERGENCYORDINANCES REFERRED

Ord. No. 317-04.By Council Members Reed and

Jackson (by departmental request).An emergency ordinance authoriz-

ing the Director of Finance to enterinto contract with HealthServe, LLCto provide professional services nec-essary to invoice and collect fees forthe costs of the Division of Fireresponding to motor vehicle acci-dents in accordance with a scheduleof fees to be established by theDirector of Public Safety with ap-proval of the Board of Control, andauthorizing the Directors of Financeand Public Safety to establish poli-cies and procedures to implementthis program.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofFinance is authorized to enter intocontract with HealthServe, LLC toprovide professional services neces-sary to invoice and collect the feesestablished under Section 3 for thecosts of the Division of Fireresponding to motor vehicle colli-

4 The City Record March 10, 2004

356

sions and incidents. The term of thecontract shall be for a period of notto exceed five years.

Section 2. That pursuant to Sec-tion 108(b) of the Charter, the pur-chases authorized by this ordinancemay be made through cooperativeagreements using state procedures.The Director of Finance may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to effectuatesuch cooperative efforts and mayenter into contract with the vendorsselected through that cooperativeprocess.

Section 3. That any contractentered into under the authority ofSection 1 or Section 2 shall containsuch terms and conditions as neces-sary, in the opinion of the Directorof Finance or the Director of Law,to protect the interests of the City.

Section 4. That the Director ofPublic Safety is authorized to estab-lish a schedule of fees with ap-proval of the Board of Control to becharged to the person(s) responsiblefor a motor vehicle collision or inci-dent, or their insurance carrier(s),when the Division of Fire respondsto the scene. The fees shall notexceed the actual costs to Divisionof Fire of the responding to thescene.

Section 5. That the Directors ofFinance and Public Safety mayestablish billing procedures andpolicies to carry out the purposes ofthis legislation.

Section 6. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicSafety, Finance, Law; Committeeson Public Safety, Finance.

Ord. No. 318-04.By Council Member Jackson (by

departmental request).An emergency ordinance authoriz-

ing the Director of Finance to enterinto contract with Ohio Bell Tele-phone Company, doing business asSBC Ohio, for the provision of paytelephones at various City facilities,but excluding the rights-of-way ofthe City.

Whereas, Ordinance No. 984-03,passed by this Council on June 10,2003, authorized the Director ofFinance to enter into one or moreconcession agreements for the pro-vision of pay telephones service atvarious City facilities; and

Whereas, Ordinance No. 984-03 re-quires the approval of the conces-sionaire by this Council; and

Whereas, a full and complete can-vass of qualified vendors was con-ducted through a Request for Pro-posals for this service; and

Whereas, the most favorable pro-posal was submitted by Ohio BellTelephone Company, dba SBC Ohio;and



Section 1. That the Director ofFinance is authorized to enter intoa contract or contracts by way ofconcession with Ohio Bell TelephoneCompany, doing business as SBCOhio, on the basis of its proposaldated August 14, 2003, for the pro-vision of pay telephones at variousCity facilities, but excluding any ofthe rights-of-way of the City. Thefacilities may include ClevelandHopkins International Airport, theConvention Center, City Hall, Cityjails, and other City facilities, orany combination of these facilities,as deemed most advantageous in theopinion of the Director of Finance.The contract or contracts authorizedby this ordinance shall be for a termof not to exceed three years, withtwo one-year options to renew, exer-cisable by the Director of Finance,and shall be prepared by the Direc-tor of Law, approved by the Direc-tor Finance and certified by him.


Referred to Directors of Finance,Law; Committee on Finance.



ing the procurement by one or morerequirement contracts of the lease ofGroup I, II, and III photocopiers forthe various divisions of City govern-ment, for a period not to exceed fiveyears.



Section 1. That the Director ofFinance is authorized to make oneor more written requirement con-tracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe period of five years of the nec-essary items of the procurement ofthe lease of Group I, II and III pho-tocopiers, in the approximateamount as procured during the pre-ceding term, to be procured by theCommissioner of Purchases and Sup-plies on a unit basis for the variousdivisions of City government. Bidsshall be taken in a manner that per-mits an award to be made for allitems as a single contract, or by sep-arate contract for each or any com-bination of the items as the Boardof Control determines. Alternatebids for a period less than the spec-ified term may be taken if desiredby the Commissioner of Purchasesand Supplies until provision is madefor the requirements for the entireterm.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial procurement, whichprocurement, together with all later

procurements, shall be made onorder of the Commissioner of Pur-chases and Supplies under a requi-sition against the contract or con-tracts certified by the Director ofFinance. (RL 145986)

Section 3. That under Section108(b) of the Charter, the procure-ments authorized by this ordinancemay be made through cooperativeagreements using state procedures.The Director of Finance may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to make the pro-curement, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.





ing the purchase by one or morerequirement contracts of landscapematerials, for the various divisionsof City government.



Section 1. That the Director ofFinance is authorized to make oneor more written requirement con-tracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe period of one or two years of thenecessary items of landscape mate-rials, in the approximate amount aspurchased during the precedingterm, to be purchased by the Com-missioner of Purchases and Supplieson a unit basis for the various divi-sions of City government. Bids shallbe taken in a manner that permitsan award to be made for all itemsas a single contract, or by separatecontract for each or any combina-tion of the items as the Board ofControl determines. Alternate bidsfor a period less than the specifiedterm may be taken if desired by theCommissioner of Purchases and Sup-plies until provision is made for therequirements for the entire term.The Director of Finance is autho-rized to enter into one or more con-tracts with a term of two yearsinstead of one year when there is afinancial advantage to the City. Forpurposes of this ordinance, a finan-cial advantage shall be determinedby the Director of Finance by com-paring the bids received for bothterms.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amount

March 10, 2004 The City Record 5

357

of the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance. (RL 104799)





ing the Director of Finance, onbehalf of the Cleveland MunicipalCourt, to enter into contract withoutcompetitive bidding with Iron Moun-tain/National Underground Storage,Inc. for the lease of space for thestorage of records, and the purchaseof services related to the storage ofrecords, for a period of one year.



Section 1. That notwithstandingany provisions of the Codified Ordi-nances of Cleveland, Ohio, 1976, tothe contrary, the Director of Fi-nance, on behalf of the Clerk of theCleveland Municipal Court, is autho-rized to enter into a rental agree-ment with Iron Mountain/NationalUnderground Storage, Inc., alsoknown as Iron Mountain/NUS, Inc.(“NUS”) for the rental of approxi-mately 14,000 cubic feet of space forthe storage of records of the Cleve-land Municipal Court. The rentalagreement shall be for a period ofone year commencing January 1,2005.

Section 2. That the rental agree-ment shall be prepared by the Direc-tor of Law and shall contain suchterms and conditions as the Directordeems necessary to protect and ben-efit the public interest.

Section 3. That it is determinedthat the within commodities are non-competitive and incidental to thelease of space authorized by Section1 of this ordinance, and cannot besecured from any source other thanNUS. Therefore, the Director ofFinance, on behalf of the ClevelandMunicipal Court, is authorized tomake a written requirement con-tract with NUS for miscellaneousservices related to the storage orrecords, such as the provision ofstorage boxes, filing, file retrieval,file delivery, faxing, photocopying,data entry, the destruction ofrecords, and other file request ser-vices, for a period of one year, to bepurchased by the Commissioner ofPurchases and Supplies on a unitbasis for the Cleveland MunicipalCourt.

Section 4. That the cost of therental agreement and related ser-

vices authorized by this ordinanceshall be paid from the fund or fundsappropriated for this purpose in bud-get year 2004, Request No. 143473.





ing the Director of Law to apply forand accept a grant from the Crimi-nal Justice Services Agency for the2004 Team Approach to ViolenceAgainst Women Program — Prose-cution; and to enter into one or morecontracts with Cuyahoga Countyand one or more contracts with pro-fessional consultants to implementthe program.



Section 1. That the Director ofLaw is authorized to apply for andaccept a grant in the amount of$165,000, from the Criminal JusticeService Agency, to conduct the 2004Team Approach to Violence AgainstWomen Program — Prosecution, forthe purposes set forth in the appli-cation and according thereto; thatthe Director of Law is authorized tofile all papers and execute all doc-uments necessary to receive thefunds under the grant; and that saidfunds are appropriated for the pur-poses set forth in the application forthe grant.

Section 2. That the application forthe grant, File No. 322-04-A, made apart hereof as if fully rewritten,including the obligation of the Cityof Cleveland to provide cash match-ing funds in the sum of $55,000 fromFund Nos. 01-100105-639905 and 01-100106-639905, is approved in allrespects.

Section 3. That the Director ofLaw is authorized to enter into oneor more contracts with the Countyof Cuyahoga and one or more con-tracts with professional consultantsto implement the program asdescribed in the file, payable fromthe fund or funds to which are cred-ited the grant proceeds and cashmatch accepted under this ordi-nance.



Ord. No. 323-04.By Council Members Coats, Cim-

perman and Jackson (by depart-mental request).

An emergency ordinance authoriz-ing the Director of Public Utilitiesto apply for and accept a Water Sup-ply Revolving Loan Account loan topartially finance the NottinghamFlocculation/Sedimentation/Residu-als Project; determining the methodof making the public improvementof constructing the improvements;and authorizing the Director of Pub-lic Utilities to enter into one or morepublic improvement contracts forthe making of the improvement.



Section 1. That the Director ofPublic Utilities is authorized toapply for and accept a Water Sup-ply Revolving Loan Account(“WSRLA”) loan in the approximateamount of $21,000,000 to partiallyfinance the Nottingham Floccula-tion/Sedimentation/Residuals Project(the “Improvement”).

Section 2. That the Director ofPublic Utilities is authorized toenter into a loan agreement withthe Ohio Environmental ProtectionAgency and the Ohio Water Devel-opment Authority for a WSRLAloan, according to terms containedin File No. 323-04-A, and shall con-tain additional terms that are ac-ceptable to the Director of Law toprotect the public interest. TheDirector of Public Utilities is furtherauthorized to file all papers andexecute all documents necessary toreceive the funds under the WSRLAAgreement; and appropriate the loanfunds for the purposes as set forthin the WSRLA Agreement.

Section 3. That on execution of theWSRLA Agreement, the Director ofPublic Utilities is authorized torepay the loan funds to the WSRLAin accordance with the terms andconditions of the WSRLA Agree-ment, from the operating revenuesof the Division of Water.

Section 4. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make theImprovement described above, forthe Division of Water, Departmentof Public Utilities, by one or morecontracts duly let to the lowestresponsible bidder or bidders aftercompetitive bidding for a grossprice for the Improvement.

Section 5. That the Director ofPublic Utilities is authorized toenter into one or more contracts forthe making of the Improvementwith the lowest responsible bidderor bidders after competitive biddingfor a gross price for the Improve-ment, provided, however, that eachseparate trade and each distinctcomponent part of the Improvementmay be treated as a separateImprovement, and each, or any com-bination, of the trades or compo-nents may be the subject of a sep-arate contract for a gross price. Onrequest of the Director the contrac-tor shall furnish a correct scheduleof unit prices, including profit andoverhead, for all items constitutingunits of the improvement.

Section 6. That all public improve-ment contracts entered into under this


358

ordinance shall contain the MBE,FBE, and workforce goals in effectat the time the contracts were bid.

Section 7. That the cost of theImprovement authorized shall bepaid from Fund Nos. 52 SF 001, 52SF 223, 52 SF 225, 52 SF 227, 52 SF229, 52 SF 231, from the funds andsubfunds which are credited the pro-ceeds of the sale of future water-works revenue bonds which areauthorized for this purpose, andfrom the fund or subfunds which arecredited the loan proceeds receivedas authorized by this ordinance,Request No. 147902.


Referred to Directors of PublicUtilities, City Planning Commission,Finance, Law; Committees on PublicUtilities, City Planning, Finance.

Ord. No. 324-04.By Council Members Coats, Cim-

perman and Jackson (by depart-mental request).

An emergency ordinance deter-mining the method of making thepublic improvement of replacing theDenison Avenue water main; andauthorizing the Director of PublicUtilities to enter into one or morecontracts for the making of the pub-lic improvement.



Section 1. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of replacing theDenison Avenue water main, for theDivision of Water, Department ofPublic Utilities, by one or more con-tracts duly let to the lowest respon-sible bidder or bidders after com-petitive bidding on a unit basis forthe improvement.

Section 2. That the Director ofPublic Utilities is authorized toenter into one or more contracts forthe making of the public improve-ment with the lowest responsiblebidder or bidders after competitivebidding on a unit basis for theimprovement, provided, however,that each separate trade and eachdistinct component part of theimprovement may be treated as aseparate improvement, and each, orany combination, of the trades orcomponents may be the subject of aseparate contract on a unit basis.

Section 3. That all public improve-ment contracts entered into underthis ordinance shall contain the MBE,FBE, and workforce goals in effectat the time the contracts were bid.

Section 4. That the cost of theimprovement authorized shall bepaid from Fund Nos. 52 SF 001, 52SF 223, 52 SF 225, 52 SF 227, 52 SF229, 52 SF 231, and from the fundsand subfunds which are credited theproceeds of the sale of future water-works revenue bonds which areauthorized for this purpose, RequestNo. 142827.


Referred to Directors of PublicUtilities, City Planning Commission,Finance, Law; Committees on PublicUtilities, City Planning, Finance.

Ord. No. 325-04.By Council Members Westbrook,

White and Jackson (by departmen-tal request).

An emergency ordinance to amendSections 571.01 and 571.061 of theCodified Ordinances of Cleveland,Ohio, 1976, as amended by variousordinances, relating to definitionsand identification badges.



Section 1. That Sections 571.01 and571.061 of the Codified Ordinances ofCleveland, Ohio, 1976, as amendedby Ordinance No. 1819-50, passedDecember 4, 1950 and Ordinance No.1117-92, passed June 15, 1992, areamended to read as follows:

Section 571.01 Definitions(a) “Airports” means all property

comprising Cleveland Hopkins Inter-national Airport, Burke LakefrontAirport and all airports owned andoperated by the City.

(b) “Airport Management” meansthe Director of Port Control or hisduly authorized representative.

(c) “Airport Security Program”means the comprehensive plan forsecurity requirements and proce-dures at Cleveland Hopkins Inter-national Airport, including rules,regulations, and procedures for theissuance, display, use, and return ofidentification badges, as that plan isapproved by the TransportationSecurity Administration or its equiv-alent (“TSA”).

(d) “Control tower” means theagency assigned to the actual con-trol of air traffic at each individualairport.

(e) “Person” means any individ-ual, firm, copartnership, corporation,company, association or agency.

(f) “Secured Area” means theSecurity Identification Display Area,Air Operations Area, or sterile areasat Cleveland Hopkins InternationalAirport, as those areas are definedby the TSA.

Section 571.061 Identification Badges(a) The Director of Port Control or

the Director’s designee shall beauthorized to issue and revalidateidentification badges in accordancewith the rules, regulations, and direc-tives (collectively, “Regulations”) ofthe Transportation Security Adminis-tration or its equivalent (“TSA”).

(b) An identification badge issuedby the Director of Port Control orthe Director’s designee shall be pos-sessed and displayed in accordancewith TSA Regulations and the Air-port Security Program. Identifica-tion badges shall be of a design andcontain such information as is deter-

mined by the Director of Port Con-trol in accordance with TSA Regu-lations.

(c) Any person with an identifica-tion badge issued under division (a)of this section shall return the badgeto the Department of Port Controlwithin twenty-four (24) hours of adetermination by the Director of PortControl or the Director’s designeethat the person no longer has accessto a Secured Area at the Airport. Thereasons for this determination in-clude, termination or suspensionfrom employment; change in dutiesof employment; breach, terminationor expiration of a City contract; andany additional reasons as set forthin TSA Regulations or in the AirportSecurity Program.

(d) The Director of Port Controlor the Director’s designee mayassess and collect fees or chargesrelated to Secured Area identifica-tion badges in accordance with thefollowing schedule:

(1) Fifty Dollars ($50.00) for thereplacement of a lost or missingbadge;

(2) One Hundred Dollars ($100.00)for any badge not returned to theDepartment of Port Control withintwenty-four (24) hours of a deter-mination that a person no longerhas access to a Secured Area at theAirport under division (c) of thissection;

(3) One Hundred Dollars ($100.00)for any person who does not prop-erly obtain an identification badgeupon being hired as an employeerequired to work within a SecuredArea, or revalidate an identificationbadge within the period required byTSA Regulations;

(4) Twenty-five Dollars ($25.00)for any person who commits a firstviolation, involving an identificationbadge, of TSA Regulations or theAirport Security Program; and

(5) Fifty Dollars ($50.00) for anyperson who commits a second viola-tion within twelve (12) months of afirst violation, involving an identifi-cation badge, of TSA Regulations orthe Airport Security Program.

(e) Airport tenants, contractorsand subcontractors, and any personor entity that has been issued aSecured Area identification badge,shall be responsible for assuring thecompliance of their officers, employ-ees, agents, contractors, and sub-contractors with the requirements ofthis section, TSA Regulations, andthe Airport Security Program, andshall be responsible for the paymentof any fees and charges assessedagainst those persons and entitiesunder division (d) of this section.

Section 2. That existing Sections571.01 and 571.061 of the CodifiedOrdinances of Cleveland, Ohio, 1976,as amended by Ordinance No. 1819-50, passed December 4, 1950 andOrdinance No. 1117-92, passed June15, 1992, are repealed.


Referred to Directors of PortControl, Finance, Law; Committeeson Aviation and Transportation,Legislation, Finance.


359

Ord. No. 326-04.By Council Members Westbrook,


An emergency ordinance to sup-plement the Codified Ordinances ofCleveland, Ohio, 1976, by enactingnew Section 571.062 relating to fin-gerprinting.

Whereas, in order to enhance air-port terminal security, the FederalAviation Administration (“FAA”)promulgated rules requiring theCity, by December 6, 2002, to fin-gerprint every person employed in aSecured Area at Cleveland HopkinsInternational Airport (“Airport”)and every applicant for employmentin a Secured Area at the Airport(collectively, “Secured Area AccessPersons”), to perform criminal-histo-ry records checks; and

Whereas, as of January 28, 2002,the City acquired and implementedan automated fingerprinting systemto fingerprint Secured Area AccessPersons; and

Whereas, the City has committedfinancial and personnel resources tofingerprint Secured Area AccessPersons; and



Section 1. That the Codified Ordi-nances of Cleveland, Ohio, 1976, aresupplemented by enacting new Sec-tion 571.062 to read as follows:

Section 571.062 Fingerprinting(a) The Director of Port Control

or the Director’s designee shall beauthorized to fingerprint SecuredArea Access Persons and process allfingerprints under the rules, regula-tions, and directives (collectively,“Regulations”) of the Transporta-tion Security Administration, suc-cessor entity to the FAA, or itsequivalent (“TSA”).

(b) The Director of Port Controlor the director’s designee mayassess and collect fees or charges(collectively, “Fees”) related to fin-gerprinting under the followingschedule:

(1) A charge to reimburse the Cityfor its cost as set by the TSA, toelectronically transmit the finger-prints of each Secured Area AccessPerson to the Aviation SecurityClearinghouse, or its equivalent, totransmit the fingerprints to the Fed-eral Bureau of Investigations to per-form a criminal-history recordcheck;

(2) A reasonable administrativefee, to be determined in writing bythe Director or the Director’sdesignee, to reimburse the City foradditional administrative costsincurred to fingerprint Secured AreaAccess Persons and process all suchfingerprints.

(c) City employees and Airportvolunteers shall be exempt from theFees set forth in division (b) of thissection.

Section 2. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in force

immediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PortControl, Finance, Law; Committeeson Aviation and Transportation,Legislation, Finance.

Ord. No. 327-04.By Council Members Sweeney and


ing the Director of Public Service toenter into amendments to contractswith various contractors to provideright-of-way assessment services, in-cluding property appraisals, underexisting bridge rehabilitation con-tracts; and authorizing the Directorof Public Service to employ one ormore professional consultants to re-view the property appraisals pre-pared under the amendments.

Whereas, under various ordi-nances, the Director of Public Ser-vice entered into professional ser-vice agreements to design the reha-bilitation of nine various bridgesthroughout the City; and

Whereas, additional services arenecessary on these projects in orderto prepare property appraisals andto negotiate with property ownersfor right-of-way acquisition; and

Whereas, once the property ap-praisals are prepared under contractamendments, an independent firmmust review them before negotia-tions for right-of-way acquisitionwith property owners may begin;and



Section 1. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.40826, Adelbert Road Bridge, withStilson and Associates, dba DLZ,Ohio Inc., as authorized by Ordi-nance No. 303-85, passed March 11,1985 and amended by Ordinance No.1242-92, passed June 15, 1992, toinclude property appraisals and tonegotiate with property owners forright-of-way acquisition, for an esti-mated additional cost of $31,758.00.

Section 2. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.53145, West 44th Street Bridge, withKarl R. Rohrer & Associates, asauthorized by Ordinance No. 1242-92,passed June 15, 1992, to includeproperty appraisals and to negotiatewith property owners for right-of-way acquisition, for an estimatedadditional cost of $39,780.00.

Section 3. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.45860, Harvard Avenue Bridge, withURS Consultants, as authorized byOrdinance No. 1510-86, passed Octo-ber 6, 1986, to include property ap-praisals and to negotiate with prop-erty owners for right-of-way acqui-sition, for an estimated additionalcost of $45,025.02.

Section 4. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.

52333, West 53rd Street Bridge, withOsborn Engineering Co., as autho-rized by Ordinance No. 1242-92,passed June 15, 1992, to includeproperty appraisals and to negotiatewith property owners for right-of-way acquisition, for an estimatedadditional cost of $30,000.00.

Section 5. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.51849, East 105th Street Bridge, withR.E. Warner & Associates, as autho-rized by Ordinance No. 897-93, passedJune 7, 1993, to include propertyappraisals and to negotiate withproperty owners for right-of-wayacquisition, for an estimated addi-tional cost of $31,231.00.

Section 6. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.55691, Woodland Avenue Bridge,with Adache-Ciuni-Lynn Associates,as authorized by Ordinance No. 366-99, passed May 24, 1999, to includeproperty appraisals and to negotiatewith property owners for right-of-way acquisition, for an estimatedadditional cost of $40,000.00.

Section 7. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.43522, Madison Avenue Bridge, withNorth Shore Engineering, Inc., asauthorized by Ordinance No. 1510-86,passed October 6, 1986, to includeproperty appraisals and to negotiatewith property owners for right-of-way acquisition, for an estimatedadditional cost of $30,000.00.

Section 8. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.53362, West 74th Street Bridge, withEuthenics, as authorized by Ordi-nance No. 1242-92, passed June 15,1992, to include property appraisalsand to negotiate with property own-ers for right-of-way acquisition, foran estimated additional cost of$27,025.00.

Section 9. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.56484, West 77th Street Bridge, withOsborn Engineering, Inc., as autho-rized by Ordinance No. 2118-99,passed February 15, 2000, to includeproperty appraisals and to negotiatewith property owners for right-of-way acquisition, for an estimatedadditional cost of $17,308.00.

Section 10. That the Director ofPublic Service is authorized toemploy by contract or contracts oneor more consultants or one or morefirms of consultants for the purposeof supplementing the regularlyemployed staff of the several depart-ments of the City of Cleveland inorder to provide professional ser-vices necessary to review the prop-erty appraisals prepared under thecontract amendments authorized inSections 1 through 9 of this ordi-nance.

The selection of the consultantsfor the services shall be made bythe Board of Control on the nomi-nation of the Director of Public Ser-vice from a list of qualified consul-tants available for employment asmay be determined after a full andcomplete canvass by the Director ofPublic Service for the purpose ofcompiling a list. The compensation


360

to be paid for the services shall befixed by the Board of Control. Thecontract or contracts authorizedshall be prepared by the Director ofLaw, approved by the Director ofPublic Service, and certified by theDirector of Finance.

Section 11. That the cost of thecontract amendments and the pro-fessional services authorized shallbe paid from Fund Nos. 20 SF 364,20 SF 373, 20 SF 380, 20 SF 383, and20 SF 394, Request No. 147519.


Referred to Directors of PublicService, Finance, Law; Committeeson Public Service, Finance.


Jackson (by departmental request).An emergency ordinance author-

izing the Director of Public Safetyto apply for and accept a grantfrom the Criminal Justice ServicesAgency for the 2004 Team Approachto Violence Against Women Pro-gram — Law Enforcement; and toenter into one or more contractswith Cuyahoga County and one ormore contracts with professionalconsultants to implement the pro-gram.



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theamount of $165,000 from the Crimi-nal Justice Service Agency, to con-duct the 2004 Team Approach to Vio-lence Against Women Program —Law Enforcement, for the purposesset forth in the application andaccording thereto; that the Directorof Public Safety is authorized to fileall papers and execute all docu-ments necessary to receive thefunds under the grant; and that saidfunds are appropriated for the pur-poses set forth in the application forthe grant.

Section 2. That the applicationfor the grant, File No. 328-04-A,made a part hereof as if fullyrewritten, including the obligationof the City of Cleveland to providecash matching funds in the sum of$55,000 from Fund Nos. 01-600201-639905 and 10 SF 027, is approvedin all respects.

Section 3. That the Director ofPublic Safety is authorized to enterinto one or more contracts with theCounty of Cuyahoga and one ormore contracts with professionalconsultants to implement the pro-gram as described in the file,payable from the fund or funds towhich are credited the grant pro-ceeds and cash match acceptedunder this ordinance.


Referred to Directors of PublicSafety, Finance, Law; Committeeson Public Safety, Finance.

Ord. No. 329-04.By Council Members Johnson and


izing the Director of Parks, Recre-ation and Properties to employ oneor more temporary employmentagencies, to provide professionalservices to supply temporary andseasonal personnel for the Depart-ment of Parks, Recreation and Prop-erties for a period of one year.



Section 1. That the Director ofParks, Recreation and Properties isauthorized to employ by contract orcontracts one or more temporaryemployment agency or agencies forthe purpose of supplementing theregularly employed staff of the sev-eral departments of the City ofCleveland in order to provide pro-fessional services necessary to sup-ply temporary and seasonal person-nel for a period of one year, andcancelable on thirty days writtennotice by the Director, for theDepartment of Parks, Recreationand Properties from a list of quali-fied consultants available foremployment as may be determinedafter a full and complete canvass bythe Director of Parks, Recreationand Properties for the purpose ofcompiling a list. The compensationto be paid for the services shall befixed by the Board of Control. Thecontract or contracts authorizedshall be prepared by the Director ofLaw, approved by the Director ofParks, Recreation and Properties,and certified by the Director ofFinance.

Section 2. That the costs for theservices contemplated shall be paidfrom Fund Nos. 13 SF 728, 13 SF 729,62 SF 001, 63 SF 001, 01-701207-638000,01-701217-638000, and from the fundor funds appropriated for this pur-pose in budget year 2004, RequestNo. 135726.

Section 3. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Parks,Recreation and Properties, Finance,Law; Committees on Public Parks,Property and Recreation, Finance.



izing the purchase by one or morerequirement contracts of variouspool chemicals, for the Division ofRecreation, Department of Parks,Recreation and Properties.



Section 1. That the Director ofParks, Recreation and Properties isauthorized to make one or morewritten requirement contracts underthe Charter and the Codified Ordi-nances of Cleveland, Ohio, 1976, forthe requirements for the period ofone year of the necessary items ofvarious pool chemicals, in theapproximate amount as purchasedduring the preceding term, to bepurchased by the Commissioner ofPurchases and Supplies on a unitbasis for the Division of Recreation,Department of Parks, Recreationand Properties. Bids shall be takenin a manner that permits an awardto be made for all items as a singlecontract, or by separate contract foreach or any combination of theitems as the Board of Control deter-mines. Alternate bids for a periodless than the specified term may betaken if desired by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance. (RL 136752)





izing the Director of Parks, Recre-ation and Properties to enter into anagreement with the NeighborhoodLeadership Institute to implementeducational, recreational and cultur-al programs in various school build-ings during evening hours.

Whereas, based on recommenda-tions made by the Cleveland Summiton Education, certain pilot programswere created; and



361


Section 1. That the Director ofParks, Recreation and Properties isauthorized to enter into an agree-ment with Neighborhood LeadershipInstitute to implement educational,recreational and cultural programsin various school buildings duringevening hours, in an amount not toexceed $150,000, payable from FundNo. 01-700401-638000, Request No.136754.

Section 2. That the contract shallbe prepared by the Director of Lawand shall contain provisions that theDirector of Law deems necessary toprotect and benefit the public inter-est.



Ord. No. 332-04.By Council Members Polensek,

Johnson and Jackson (by depart-mental request).

An emergency ordinance author-izing the Director of Parks, Recre-ation and Properties to enter intocontract with the Salvation Armyfor administrating and facilitatingrecreational services in Ward 11, forthe Division of Recreation, Depart-ment of Parks, Recreation and Prop-erties.



Section 1. That the Director ofParks, Recreation and Properties isauthorized to enter into contractwith the Salvation Army, ClevelandTemple Corps, 17625 Grovewood Ave-nue, Cleveland, Ohio, 44119, or itsdesignee, to administer and facili-tate recreational services in theCollinwood Community in Ward 11,for the Division of Recreation,Department of Parks, Recreationand Properties, in the total sum of$100,000, payable from Fund No. 01-700401-638000, Request No. 136753.

Section 2. That the contract shallbe prepared by the Director of Lawand shall contain provisions that theDirector of Law deems necessary toprotect and benefit the public inter-est.





izing the Director of Parks, Recre-ation and Properties to enter intocontract with the Cleveland Munici-pal Football Association to conducta city-wide football program.



Section 1. That the Director ofParks, Recreation and Properties isauthorized to enter into contractwith the Cleveland Municipal Foot-ball Association to conduct a city-wide football program, in an amountnot to exceed $65,000, payable fromFund No. 01-700401-638000, RequestNo. 136755.

Section 2. That the contract shallbe prepared by the Director of Lawand shall contain provisions thatthe Director of Law deems neces-sary to protect and benefit the pub-lic interest.



Ord. No. 334-04.By Council Members Cintron,

Johnson, Cimperman and Jackson(by departmental request).

An emergency ordinance author-izing the Commissioner of Purchas-es and Supplies to purchase proper-ty for the expansion of RobertoClemente Park for the Departmentof Parks, Recreation and Properties.

Whereas, the Director of Parks,Recreation and Properties has re-quested the purchase of propertynecessary for the expansion ofRoberto Clemente Park; and



Section 1. That notwithstandingand as an exception to the provi-sions of Chapter 181 and 183 of theCodified Ordinances of Cleveland,Ohio, 1976, the Commissioner of Pur-chases and Supplies is authorized topurchase the following describedproperty for the expansion of Rober-to Clemente Park:

P. P. No. 007-18-063Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being theNortherly 44 feet of Sublot Nos. 489,490 and 491 in Hiram Stone’s Addi-tion of part of Original BrooklynTownship Lot Nos. 53 and 68, asshown by the recorded plat in Vol-ume 1 of Maps, Page 41 of CuyahogaCounty Records and together form-

ing a parcel of land 44 feet front onthe Easterly side of West 38th Street(formerly Clifford Street) and ex-tending back of equal width alongthe Southerly side of Wade AvenueS.W. 150 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.

2839 West 38th Street


County of Cuyahoga and State ofOhio, and known as being Sublot No.460 in Hiram Stone’s Addition Subdi-vision of part of Original BrooklynTownship Lot Nos. 53 and 68 asshown by the recorded plat in Vol-ume 1 of Maps, Page 41 of CuyahogaCounty Records, and being 50 feetfront on the Northerly side of Sey-mour Avenue, and extending back ofequal width 132 feet, as appears bysaid plat, be the same more or less,but subject to all legal highways.

3746-48-50 Seymour Avenue

P. P. No. 007-18-061 and 007-18-068Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being theNortherly 44 feet of Sublot Nos. 489,490 and 491 in Hiram Stone’s Addi-tion of part of Original BrooklynTownship Lot Nos. 53 and 68, asshown by the recorded plat in Vol-ume 1 of Maps, Page 41 of CuyahogaCounty Records and together form-ing a parcel of land 44 feet front onthe Easterly side of West 38th Street(formerly Pollock Street) and ex-tending back of equal width 150 feetdeep, as appears by said plat, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being theNortherly 44 feet of the Southerly 88feet of Sublot Nos. 489, 490 and 491in Hiram Stone’s Allotment of partof Original Brooklyn Township LotNos. 53 and 68 as shown by therecorded plat in Volume 1 of Maps,Page 42 of Cuyahoga CountyRecords together forming a parcelof land 44.00 feet front on the East-erly side of West 38th Street andextending back of equal width150.00 feet, as appears by said plat,be the same more or less, but sub-ject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.462 in H. Stone’s Addition being aSubdivision of part of OriginalBrooklyn Township Lots Nos. 53 and68 as shown by the recorded plat inVolume 1 of Maps, Page 41 of Cuya-hoga County Records and being 50feet front on the Northerly side ofSeymour Avenue, S.W. and extend-ing back of equal width 132 feet tothe Southerly line of a 14 foot alley,as appears by said plat, be the samemore or less, but subject to all legalhighways.

3726 Seymour Avenue


362


County of Cuyahoga and State ofOhio, and known as being the Easthalf of Sublot No. 461 in HiramStone’s Addition to Cleveland of partof Original Brooklyn Township LotNos. 53 and 68, and being 25 feetfront on Seymour Avenue andextending back of uniform width132 feet to an alley, as per plat ofsaid Allotment recorded in Volume1 of Maps, Pages 41 and 42 of Cuya-hoga County Records, be the samemore or less, but subject to all legalhighways.

3736 Seymour Avenue


County of Cuyahoga and State ofOhio, and known as being the West-erly one-half of Sublot No. 461 in H.Stone’s Addition, being a Subdivi-sion of part of Original BrooklynTownship Lot Nos. 53 and 68, asshown by the recorded plat in Vol-ume 1 of Maps, Page 41 of CuyahogaCounty Records, and being 25 feetfront on the Northerly side of Sey-mour Avenue, S.W. and extendingback of equal width 132 feet to a 14foot alley, as appears by said plat,be the same more or less, but sub-ject to all legal highways.

3740 Seymour Avenue


County of Cuyahoga and State ofOhio, and known as being Sublot No.463 in Hiram Stone’s Addition ofpart of Original Brooklyn TownshipLot Nos. 53 and 68, as shown by therecorded plat in Volume 1 of Maps,Page 41 of Cuyahoga CountyRecords, and being 50 feet front onthe Northerly side of Seymour Ave-nue, and extending back of equalwidth 132 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.

3718 Seymour Avenue

Section 2. That the Director ofParks, Recreation and Properties isauthorized to execute on behalf ofthe City of Cleveland all necessarydocuments to acquire the propertyand to employ and pay all fees fortitle companies, surveys, escrows,appraisers, environmental audits,and all other costs necessary for theacquisition of the property.

Section 3. That the considerationto be paid for this property shall notexceed fair market value.

Section 4. That all costs of acqui-sition of land shall be paid fromFund Nos. 20 SF 377 and 20 SF 392.


Referred to Directors of Parks,Recreation and Properties, CityPlanning Commission, Finance, Law;Committees on Public Parks, Prop-erty and Recreation, City Planning,Finance.

Ord. No. 335-04.By Council Members Jackson, Gor-

don, Sweeney, Coats and Cimperman(by departmental request).

An emergency ordinance deter-mining the method of making thepublic improvement of constructingimprovements which are associatedwith the Phase III redevelopment ofArbor Park Village; authorizing theDirectors of Community Develop-ment, Public Service, or Public Util-ities, as applicable, to enter into oneor more public improvement con-tracts for the making of the im-provement; authorizing an agree-ment with New Longwood Associ-ates L.P. and/or Arbor Park PhaseThree Associates, L.P. to cooperatein the cost of this project.



Section 1. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of making vari-ous infrastructure improvementswhich are associated with the PhaseIII redevelopment of Arbor Park Vil-lage, including but not limited tothe construction of new streets,water and sewer lines, street light-ing, and related earthwork, forDepartments of Community Devel-opment, Public Service, and PublicUtilities, by one or more contractsduly let to the lowest responsiblebidder or bidders after competitivebidding on a unit basis for theimprovement.

Section 2. That the Directors ofCommunity Development, Public Ser-vice, or Public Utilities, as applica-ble, are authorized to enter into oneor more contracts for the making ofthe public improvement with thelowest responsible bidder or biddersafter competitive bidding on a unitbasis for the improvement, provided,however, that each separate tradeand each distinct component part ofthe improvement may be treated asa separate improvement, and each,or any combination, of the trades orcomponents may be the subject of aseparate contract on a unit basis.

Section 3. That the Director ofCommunity Development is autho-rized to enter into an agreementwith New Longwood Associates, L.P.and/or Arbor Park Phase ThreeAssociates, L.P. to cooperate in thecost by contributing approximately$45,000 to the City of Clevelandwhich will cover the cost of watermeter vaults, and those funds areappropriated for this purpose.

Section 4. That the cost of theimprovement authorized shall bepaid from Fund Nos. 52 SF 001, 20SF 379, 20 SF 393, 20 SF 394, andfrom the fund or funds which arecredited the money received fromNew Longwood Associates, L.P.and/or Arbor Park Phase ThreeAssociates, L.P for the purposedescribed in Section 3 above, Re-quest No. 125755.

Section 5. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in force

from and after the earliest periodallowed by law.

Referred to Directors of Commu-nity Development, Public Service,Public Utilities, City Planning Com-mission, Finance, Law; Committeeson Community and Economic Devel-opment, Public Service, Public Utili-ties, City Planning, Finance.

Ord. No. 336-04.By Council Members Jones, Gor-

don and Jackson (by departmentalrequest).

An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into an EnterpriseZone Agreement with CMC & M Inc.to provide for a ten-year, sixty per-cent tax abatement for new person-al property on new machinery andequipment located at 17109 SouthMiles Road in the Cleveland AreaEnterprise Zone.

Whereas, under Ordinance No. 948-95, passed June 19, 1995, this Coun-cil designated an area which is inthe City of Cleveland and describedin File No. 948-95-A, as the ClevelandArea Enterprise Zone (the “Zone”)under Chapter 5709 of the Ohio Re-vised Code; and

Whereas, in August, 1995, theDirector of Development of the Stateof Ohio determined that the Zonecontains the characteristics in Sec-tion 5709.61(A) of the Revised Codeand certified the area as an “UrbanJobs and Enterprise Zone” underChapter 5709 of the Revised Code;and

Whereas, CMC & M Inc. (the“Enterprise”) has proposed to ex-pand its facility located at 17109South Miles Road in the ClevelandArea Enterprise Zone; and

Whereas, the Enterprise has cer-tified to the City it would be at acompetitive disadvantage operatingat this location if taxes on certainpersonal property for new machin-ery and equipment were not abated;and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the immediate preservationof the public peace, safety, proper-ty, and welfare and that its enact-ment is a necessary prerequisite toproviding immediate assistance tocreate and preserve job opportuni-ties and advance and promote com-mercial and economic developmentin the City of Cleveland, and theassistance is immediately necessaryor jobs will be lost; now, therefore,


Section 1. That this Council ap-proves the application of the Enter-prise for enterprise zone incentiveson the basis that the Enterprise isqualified by financial responsibilityand business experience to createand preserve employment opportuni-ties in the Cleveland Area Enter-prise Zone and to improve the eco-nomic climate of the City of Cleve-land.

Section 2. That the Director ofEconomic Development is autho-rized to enter into an EnterpriseZone Agreement with the Enterpriseto provide for a ten-year, sixty per-cent (60%) tax abatement for cer-tain personal property; the abate-ment shall be subject to annualreview of the Tax Incentive ReviewCouncil.

Section 3. That the terms of thetax abatement shall be in accor-dance with the terms in the Sum-


363

mary contained in File No. 336-04-Aterms shall not be amended, norshall the tax abatement be assigna-ble or transferable to any entity,without the prior legislative autho-rization by Cleveland City Council.

Section 4. That the Director ofEconomic Development is autho-rized to charge and accept fees inan amount not to exceed the maxi-mum allowable under Chapter 5709of the Revised Code and the fundsare appropriated for the purposeslisted in Chapter 5709 of the RevisedCode. The fees shall be deposited toand expended from Fund No. 17 SF305, Loan Fees Fund.

Section 5. That the Director ofLaw shall prepare and approve theagreement and that the agreementshall contain the terms and provi-sions the Director deems necessaryto protect the City’s interest.


Referred to Directors of EconomicDevelopment, Finance, Law; Com-mittees on Community and Econom-ic Development, Finance.



ing the Clerk of the ClevelandMunicipal Court to enter into one ormore contracts with ACS State &Local Solutions, Inc. for profession-al services necessary to process, col-lect, and enforce parking infractiontickets and judgments, for a periodof two years.

Whereas, Section 4521.05(D) ofRevised Code and Section 459.03(d)of the Codified Ordinances of Cleve-land, Ohio, 1976, authorizes theClerk of the Cleveland MunicipalCourt, subject to the approval ofthis Council, to contract with anynongovernmental entity to provideservices in processing, collecting,and enforcing parking infractiontickets and judgments; and

Whereas, the Clerk of the Cleve-land Municipal Court conducted arequest for proposals in which ACSState & Local Solutions, Inc. submit-ted the most favorable proposal; and



Section 1. That the Clerk of theCleveland Municipal Court is herebyauthorized to enter into one or morecontracts with ACS State & LocalSolutions, Inc. for professional ser-vices necessary to process, collect,and enforce parking infraction tick-ets on the basis of its proposal datedSeptember 24, 2003. The contractshall have a term of two years com-mencing June 1, 2004. The contractshall be prepared by the Director ofLaw and shall be approved for legalform and correctness prior to itsexecution by the Clerk of the Cleve-land Municipal Court. The contractshall state that it is subject to thevalidity of Chapter 4521 of the Ohio

Revised Code and Chapter 459 of theCodified Ordinances of Cleveland,Ohio, 1976. The contracts or con-tracts shall be paid from the fundor funds appropriated for this pur-pose in budget year 2004, RequestNo. 143472.



Ord. No. 338-04.By Council Members Johnson,

Britt, White and Jackson.An emergency ordinance to enact

Sections 219.01 to 219.03 and 219.99of the Codified Ordinances of Cleve-land, Ohio, 1976, relating to Legion-ella bacteria.

Whereas, legionellosis is an infec-tion caused by the bacteriumLegionella pneumophila; and

Whereas, Legionnaires’ disease isthe most distinct form of infectioncaused by such bacterium; and

Whereas, Legionnaires’ diseaseacquired its name in 1976 when anoutbreak of pneumonia occurredamong persons attending a conven-tion of the American Legion inPhiladelphia; and

Whereas, Legionella organismscan be found in many types of watersystems; and

Whereas, outbreaks of legionel-losis have occurred after personshave breathed mists that come froma water source contaminated withLegionella bacteria; and

Whereas, persons may be exposedto these mists in hospitals; and

Whereas, individuals at increasedrisk for Legionnaires’ disease arethose with weakened immune sys-tems; and

Whereas, such individuals com-prise a significant percentage ofpatients receiving care in a hospitalsetting; and

Whereas, water sampling is criti-cal to determining whether Legion-naires’ disease bacteria are presentin a water system and at what lev-els; and

Whereas, hospitals are currentlynot required to perform water sam-pling to determine whether Legion-naires’ disease bacteria are presentin the hospital’s water system; and

Whereas, such water sampling willenable hospitals to limit patient expo-sure to Legionnaires’ disease; and

Whereas, Legionella bacteria,when found in hospitals, is found pri-marily in hot water systems that dis-tribute water for direct human con-tact and water in cooling towers; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the immediate preservationof the public peace, property, health,or safety in that requiring hospitalsto perform water sampling to deter-mine the presence of Legionnaires’bacteria will limit unnecessarypatient exposure to Legionnaires’bacteria; now, therefore,


Section 1. That the Codified Ordi-nances of the Cleveland, Ohio, 1976,are hereby supplemented by enact-

ing new Sections 219.01 to 219.03 and219.99 thereof to read, respectively,as follows:

CHAPTER 219LEGIONELLA BACTERIA

Section 219.01 Definitions(a) “Hospital” means any institu-

tion classified as a hospital underSection 3701.01 of the Ohio RevisedCode and that provides diagnostic,medical, surgical, obstetrical, psy-chiatric or rehabilitation careand/or services to inpatients for acontinuous period of time longerthan twenty-four (24) hours. “Hospi-tal” does not include a facilitylicensed under Chapter 3721 of theOhio Revised Code, a health carefacility operated by the Ohio De-partment of Mental Retardation andDevelopmental Disabilities, a healthmaintenance organization that doesnot operate a hospital, the office ofany private licensed health care pro-fessional, whether organized forindividual or group practice, or aclinic that provides ambulatorypatient services and where patientsare not regularly admitted as inpa-tients.

(b) “Legionella bacteria” meansany organism associated with Le-gionnaires’ disease bacteria includ-ing, but not limited to, Legionellapneumophila.

Section 219.02 Environmental Sur-vey

Each hospital shall perform anenvironmental survey at least onceevery three months to test forlegionella bacteria. Such environ-mental survey shall consist of allhot water tanks and a minimum often (10) distal sites (faucets orshowerheads) if hospital beds areless than five hundred (500) and aminimum of two (2) distal sites perone hundred (100) beds if hospitalbeds are more than five hundred(500). Testing of distal sites shouldoccur in units housing patients athigher risk for acquiring Legion-naires’ disease.

Section 219.03 Copy of Environ-mental Survey

Each hospital shall file a reportwith the Director of Public Healthdocumenting compliance with Section219.02 of this Section by December31st of each year. Any additionalenvironmental surveys performed bya hospital shall also be filed with theDirector of Public Health withinsixty (60) days of completion of theenvironmental survey.

Section 219.99 PenaltyWhoever violates any provision of

this chapter is guilty of a misde-meanor of the first degree. Each dayupon which a violation occurs shallconstitute a separate offense and shallbe punishable as such hereunder.


Referred to Directors of PublicHealth, Finance, Law; Committeeson Health and Human Services,Legislation, Finance.


364

Ord. No. 339-04.By Council Member Jackson.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on East 61st, 63rd and66th Street to Burten, Bell, CarrDevelopment, Inc.

Whereas, the City of Clevelandadopted and implemented proce-dures under Chapter 5722 of theOhio Revised Code to facilitatereutilization of nonproductive landssituated within the City of Cleve-land; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and



Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-02-002 asmore fully described below, toBurten, Bell, Carr Development, Inc.

Section 2. That the real propertyto be sold pursuant to Section 1 ofthis Ordinance is more fullydescribed as follows:


County of Cuyahoga and State ofOhio, and known as being Sublot No.7 in Block F of Wm. A. Patton, JohnP. Knowles and Wm. S. Slater,Trustee of part of Original 100 AcreLot Nos. 331 and 332, as shown bythe recorded plat in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, and being 54 feet front onthe Southerly side of Quincy Avenueand extending back of equal width,160.75 feet deep on the westerly lineand 159.33 feet deep on the Easter-ly line, as appears by said plat, bethe same more or less, but subjectto all legal highways.

Section 3. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-02-003 asmore fully described below toBurten, Bell, Carr Development, Inc.

Section 4. That the real propertyto be sold pursuant to this Ordi-nance is more fully described as fol-lows:


County of Cuyahoga and State ofOhio, and known as being the West-erly 3 feet of Sublot No. 9 and all ofSublot No. 8 in the John Whipple Re-Subdivision of Sublot 36 to 39 and 24to 27 inclusive in the Bomford Allot-ment of part of Original 100 AcreLots Nos. 331 and 332 as shown bythe recorded plat in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, and being 57 feet front on

the Southerly line of Quincy AvenueS.E. and extending back of equalwidth about 157.92 feet deep on theEasterly line, about 159.33 feet deepon the Westerly line and 57 feetwide in the rear as appears by saidplat, be the same more or less butsubject to all legal highways.

Section 5. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-02-004 asmore fully described below, toBurten, Bell, Carr Development, Inc.



County of Cuyahoga and State ofOhio, and known as being the East-erly part of Sublot No. 9, Block “F”in Patten, Knowles and Slater,Trustees’ Subdivision of part ofOriginal One Hundred Acre LotsNos. 331 and 332 as shown by therecorded plat in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords, and bounded and describedas follows:

Beginning on the Southerly line ofQuincy Avenue, s.E. (FormerlyWade Street) at the Northeasterlycorner of said Sublot No. 9; thenceWesterly along said southerly lineof Quincy Avenue, S.E., 51 feet tothe Northeasterly corner of land con-veyed by Jennie Freeman andCharles Freeman, wife and husband,to Baruch Botwin by deed datedMarch 7, 1911 and recorded in Vol-ume 1299, Page 211 of CuyahogaCounty Records; thence Southerlyalong the Easterly line so conveyedto Baruch Botwin about 157 feet 11inches to the Southerly line of saidSublot No. 9; thence Easterly alongsaid Southerly line of said SublotNo. 9 to the southeasterly cornerthereof; thence Northerly along theEasterly line of said Sublot No. 9,156 feet 6 inches to the place ofbeginning, be the same more or less,but subject to all legal highways.

Also subject to zoning ordinances,if any.

Section 7. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-02-006 asmore fully described, to Burten, Bell,Carr Development, Inc.



County of Cuyahoga and State ofOhio, and known as being part ofSublots Nos. 11 and 12 in John Whip-ple Subdivision of part of OriginalOne Hundred Acre Lots Nos. 331 and332, as shown by the recorded platof said Allotment in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, and together forming aparcel of land, bounded anddescribed as follows:

Beginning at the intersection ofthe Southerly line of Quincy Avenue,S.E., with the Easterly line of East63rd Street; thence Southerly along

the Easterly line of East 63rd Street,122 feet 6 inches; thence Easterly 76feet along a line parallel with theSoutherly line of said Sublots anddistant Northerly 31 feet therefrom;thence Northerly along a line paral-lel with the Easterly line of East63rd Street, about 120 feet 1-1/2 inch-es to the Southerly line of QuincyAvenue, S.E.; thence Westerly alongthe Southerly line of Quincy AvenueS.E., 76 feet to the place of begin-ning, as appears by said plat, be thesame more or less, but subject to alllegal highways.




County of Cuyahoga and State ofOhio, and known as being the East-erly 32 feet of Sub Lot No. 12 in Pat-ten, Knowles and Slater’s Re-Subdi-vision of part of Bomford and But-ler’s Allotment of part of OriginalOne Hundred Acre Lots Nos. 331 and332, as shown by the recorded platof said Re-Subdivision in Volume 2of Maps, Page 52 of Cuyahoga Coun-ty Records. Said Easterly 32 feet ofSub Lot No. 12 has a frontage of 32feet on the Southerly side of Quin-cy Avenue, S.E., and extends back150 feet, 9 inches on the Easterlyline about 151-1/2 feet on the West-erly line, and is 33 feet wide in therear.

Subject to Zoning Ordinances, ifany.




County of Cuyahoga and State ofOhio, and known as being Sublot No.13 in Block “G” in Patten, Knowlesand Slater’s Re-Subdivision of part ofthe Bomford Subdivision of parts ofOriginal One Hundred Acre Lots Nos.331 and 332, as shown by the record-ed plat of said Re-subdivision in Vol-ume 2 of Maps, Page 52 of CuyahogaCounty Records, and being 54 feetfront onto the Southerly side of Quin-cy Avenue S.E., and extending back149 feet 4 inches deep on the East-erly line and 150 feet, 9 inches deepon the Westerly line, and 54 feet inrear, as appears by said plat, be thesame more or less, but subject to alllegal highways.



365



County of Cuyahoga and State ofOhio, and known as being the West-erly 33 feet of Sublot No. 14 in Pat-ten, Knowles and Slater, Trustee Re-Subdivision of part of Original 100Acre Lots Nos. 331 and 332, as shownby the recorded plat of said Subdi-vision in Volume 2 of Maps, Page 52of Cuyahoga County Records, andbeing 33 feet front on the Southerlyside of Quincy Avenue, S.E., andextending back 149 feet 4 inches onthe Westerly line, about 148 feet 4inches on the Easterly line, and hav-ing a rear line of 33 feet, as appearsby said plat, be the same more orless, but subject to all legal high-ways.

Subject to zoning ordinances, ifany.




County of Cuyahoga and State ofOhio, and known as being parts ofSublots Nos. 14 and 15 in the JohnWhipple Subdivision of part of Orig-inal One Hundred Acre Lots Nos. 331and 332, as shown by the recordedplat in Volume 2 of Maps, Page 52of Cuyahoga County Records andtogether forming a parcel of land,bounded and described as follows:

Beginning on the Southerly line ofQuincy Avenue, S.E., at a point 33feet Easterly from the Northwestcorner of said Sublot No. 14 and theNortheasterly corner of land con-veyed to Margaret L. Roland bydeed dated April 15, 1881, andrecorded in Volume 323, Page 118 ofCuyahoga County records; thenceSoutherly along said Easterly lineabout 118 feet to a point 30 feetNortherly of the Southerly line ofsaid Sublot No. 14; thence Easterlyparallel with the Southerly lines ofSublots Nos. 14 and 15 and 30 feetNortherly therefrom 33 feet; thenceNortherly parallel with the firstdescribed line about 116-7/12 feet tothe Southerly line of Quincy Avenue,S.E., thence Westerly along theSoutherly line of Quincy Avenue,S.E., 33 feet to the place of begin-ning, as appears by said plat, be thesame more or less, but subject to alllegal highways.





County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 15 in Patten, Knowlesand Slater’s Resubdivision of part ofBomford and Butler’s Subdivision ofpart of Original One Hundred AcreLots Nos. 331 and 332, as shown bythe recorded plat of said Resubdivi-sion in Volume 2 of Maps, Page 52of Cuyahoga County Records andbounded and described as follows:

Beginning in the Southerly line ofQuincy Avenue, S.E. at its intersec-tion with the Westerly line of East64th Street (formerly Dike Street).;thence Southerly along the Wester-ly line of East 64th Street, 84 feet;thence Westerly parallel with theSoutherly line of Quincy AvenueS.E., 42 feet; thence Northerly paral-lel with the Westerly line of East64th Street, 84 feet to the Southerlyline of Quincy Avenue, S.E.; thenceEasterly along the Southerly line ofQuincy Avenue, S.E., 42 feet to theplace of beginning, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being theNortherly 28.00 feet of the Easterly40.00 feet of Sublot No. 26 in theJohn Whipple et al. Subdivision ofpart of Original One Hundred AcreLots Nos. 331 and 332, as shown bythe recorded plat in Volume 2 ofMaps, page 52 of Cuyahoga CountyRecords, and being 28 feet front onthe Westerly side of East 66thStreet, and extending back of equalwidth 40 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 28.00 feet of the Northerly56.00 feet of the Easterly 40.00 feetof Sublot No. 26 in John WhippleSubdivision of part of Original OneHundred Acre Lots Nos. 331 and 332,as shown by the recorded plat inVolume 2 of Maps, Page 52 of Cuya-hoga County Records, and being 28feet front on the Westerly side of

East 66th Street, and extendingback of equal width 40 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 4 feet of the Easterly 40feet of Sublot #26 and the Norther-ly 24 feet of the Easterly 40 feet ofSublot #27, in Patton, Knowles andSlater, Trustees; Re-Subdivision ofpart of Bomford and Butler’s Subdi-vision of part of Original 100 AcreLot #331 and 332 as shown by therecorded plat in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords and together forming a par-cel of land having a frontage of 28feet on the Westerly side of East66th Street (formerly Cemetarystreet) and extending back of equalwidth 40 feet deep as appears bysaid plat, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 26 and 27 in Patten,Knowles and Slater Trustee’s Re-subdivision of Bomford & Butler’sSubdivision of parts of Original 100Acre Lot Nos. 331 and 332, as shownby the recorded plat of said Re-sub-division in Volume 2 of Maps, Page52 of Cuyahoga County Records,bounded and described as follows:

Beginning in the Northerly line ofScoville Avenue S.E. at a point 40feet West of the intersection of theNortherly line of Scoville AvenueS.W. with the westerly line of East66th Street (formerly CemeteryStreet); thence North parallel withthe Westerly line of East 66th Street120 feet to the Northerly line of saidSublot 26; thence Westerly along theNortherly line of said Sublot 26, 53feet; thence Southerly parallel withthe Westerly line of East 66thStreet, 120 feet to the Northerly lineof Scoville Avenue S.E.; thence East-erly along the Northerly line ofScoville Avenue S.E. 53 feet to theplace of beginning, be the samemore or less, but subject to all legalhighways.


366




County of Cuyahoga and State ofOhio, and known as being the West-erly 45 feet of Sublots Nos. 26 and27 in John Whipple’s Subdivision ofpart of Original One Hundred AcreLots Nos. 311 and 332 as shown bythe recorded plat in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, together forming a parcelof land 45 feet front on the theNortherly side of Scovill Avenue,S.E., and extending back of equalwidth 120 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being the East-erly 30 feet of Sublot No. 48 and theEasterly 30 feet of the Southerly 50feet of Sublot No. 49 in Patten,Knowles and Slater Trustees’ Re-Sub-division of part of Original One Hun-dred Acre Lot Nos. 331 and 332, asshown by the recorded plat of saidRe-Subdivision in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords, and together forming a par-cel of land 30 feet front on theNortherly side of Scovill Avenue, S.E.,(formerly Bomford Street) andextending back of equal width 110feet deep, as appears by said plat, bethe same more or less, but subject toall legal highways and further sub-ject to restrictions, reservations, ease-ments, limitations, covenants andconditions of record, if any.




County of Cuyahoga and State ofOhio, and known as being parts ofS/L 60 and S/L 61 in the Patten,Knowles and Slater Subdivision of apart of original one hundred acreslot no. 331, as shown by the record-

ed plat in Volume 2 of maps, page52 of Cuyahoga County Records andbounded and described as follows:

Beginning at a point on theNortherly side of Scovill Ave. (60feet wide), 33.50 feet Westerly fromthe intersection of the Northerlyside of Scovill Ave. with the Norther-ly side of E. 64th St. (60 feet wide).

Thence Westerly along the North-erly side of Scovill Ave, 33.50 feet;

Thence Northerly parallel with theWesterly side of E. 64th St., 88 feet;

Thence Easterly parallel with theNortherly side of Scovill Ave. 33.50feet;

Thence Southerly to the place ofbeginning, 88 feet, be the same moreor less, but subject to all legal high-ways.




County of Cuyahoga and State ofOhio, and known as being a part ofSublots Nos. 60 and 61 in John Whip-ple’s Subdivision of part of OriginalOne Hundred Acre Lots Nos. 331 and332, as shown by the recorded platin Volume 2 of Maps, Page 52 ofCuyahoga County Records, andtogether forming a parcel of landbounded and described as follows:

Beginning On the Northerly lineof Scovill Avenue, S.E., (formerlyBomford Street), at a point which isdistant 67 feet Westerly, from theWesterly line of East 64th Street,(formerly Dike Street); thence West-erly along the Northerly line ofScovill Avenue, S.E., 29 feet to theSouthwesterly corner of a parcel ofland conveyed to Mary Baldingerand Lena Baldinger, by deed filedMarch 28, 1907, and recorded in Vol-ume 1076, Page 510 of CuyahogaCounty Records; thence Northerlyalong the Westerly line of land soconveyed to Mary and LenaBaldinger, as aforesaid 88 feet tothe Northwesterly corner thereof;thence Easterly parallel with theNortherly line of Scovill Avenue,S.E., 29 feet; thence Southerly par-allel with the Westerly line of East64th Street, 88 feet to the place ofbeginning, as appears by said plat,be the same more or less, but sub-ject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being the West-

erly part of Sub-lots Nos. 60 and 61in The Patton, Knowles and SlaterTrustee’s Subdivision of part ofOriginal One Hundred Acre LotsNos. 331 and 332, as shown by therecorded plat in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords, and together forming aparcel of land bounded anddescribed as follows: Beginning onthe Northerly line of Scovill Avenue,S.E., at the Southwesterly corner ofSub-lot No. 61; thence Easterly alongthe Northerly line of Scovill Avenue,S.E., a distance of 39.0 feet to theSouthwesterly corner of a parcel ofland conveyed to Mary Baldingerand Lena Baldinger by deed filedfor record March 28, 1907, andrecorded in Volume 1076, Page 510of Cuyahoga County Records; thenceNortherly along the Westerly line ofsaid parcel so conveyed to MaryBaldinger and Lena Baldinger, adistance of 88.0 feet to the North-westerly corner thereof; thence East-erly along the Northerly line of saidparcel, a distance of 1.0 feet to apoint; thence Northerly a distance ofabout 32.0 feet to a point in theNortherly line of Sub-lot No. 60, saidpoint being distant 40.0 feet Easter-ly measured along said Northerlyline from the Northwesterly cornerof said Sub-Lot No. 60; thence West-erly along said Northerly line ofSub-lot No. 60, a distance of 40.0 feetto the Northwesterly corner thereof;thence Southerly along the Wester-ly line of Sub-lots Nos. 60 and 61, adistance of 120.0 feet to the place ofbeginning, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 82 and 83 in Patten,Knowles and Slater’s Allotment ofpart of Original One Hundred AcreLots Nos. 331 and 332, as shown bythe recorded plat in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, together forming a parcelof land bounded and described asfollows: Beginning on the Northerlyline of Scovill Avenue, S.E. (60 feetwide) at a point 62 feet Easterly(measured along said Northerlyline) from the Easterly line of East63rd Street (formerly FlorenceStreet), said place of beginningbeing also the Southeasterly cornerof a parcel of land conveyed to theUnion Trust Company by Deeddated November 19, 1926 and record-ed in Volume 3470, Page 365 ofCuyahoga County Records; thenceEasterly along the Northerly line ofScovill Avenue, S.E. 30 feet 5 inchesto the Southwesterly corner of a par-cel of land conveyed to FrankFields by Deed dated June 6, 1931and recorded in Volume 4163, Page233 of Cuyahoga County Records;


367

thence Northerly along the Wester-ly line of land so conveyed to FrankFields 120 feet to the Northwesterlycorner thereof and the Northerlyline of said Sublot No. 83; thenceWesterly along the Northerly line ofsaid Sublot No. 83, 30 feet 5 inchesto the Northeasterly corner of Par-cel No. 4 of land conveyed to FrankGray and Joe Gray by deed datedJuly 29, 1932 and recorded in Vol-ume 4256, Page 568 of CuyahogaCounty Records; thence Southerlyalong the Easterly line of land soconveyed to the Union Trust Com-pany as aforesaid, a 120 feet to theplace of beginning.





County of Cuyahoga and State ofOhio, and known as being parts ofSublots Nos. 82 and 83 in Patten,Knowles & Slater, Trustees’ Re-Sub-division of part of the Bomford Sub-division of parts of Original OneHundred Acre Lots Nos. 331 and 332,as shown by the recorded plat ofsaid resubdivision in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, and bounded and describedas follows: Beginning in the North-erly line of Scovill Avenue S.E., atits intersection with the Easterlyline of East 63rd Street (formerlyFlorence Street), which point ofbeginning is also the Southwesterlycorner of said Sublot No. 82: thenceNortherly along the Easterly line ofEast 63rd Street, 90 feet; thenceEasterly parallel with the Northerlyline of Scovill Avenue S.E. 30 feet;thence Southerly parallel with theEasterly line of East 63rd Street, 90feet to the Northerly line of ScovillAvenue, S.E. thence Westerly, 30feet to the place of beginning, asappears by said plat, be the samemore or less, but subject to all legalhighways.




County of Cuyahoga and State ofOhio, and known as being part ofSub Lots Nos. 116 and 117 in Patten,Knowles and Slater’s Trustees’ Re-Allotment of Sub Lots Nos. 24, 25, 26,27 and 36, 37, 38 and 39 in Bomfordand Butler’s Allotment of part ofOriginal One Hundred Acre LotsNos. 331 and 332, as shown by therecorded plat in said Re-Allotmentin Volume 2 of Maps, Page 52 of

Cuyahoga County Records, andbounded and described as follows:

Beginning on the Northerly line ofScovill Avenue, S.E., 89 feet Easter-ly from the Easterly line of East61st Street (formerly Slater Street);thence Easterly along said Norther-ly line of Scovill Avenue, S.E., 46feet to the Southeast corner of SubLot No. 116; thence Northerly alongthe Easterly lines of Sub Lots Nos.116 and 117, 120 feet to the North-east corner of Sub Lot No. 117;thence Westerly along the Norther-ly line of Sub Lot No. 117, 46 feet;thence Southerly 120 feet to theplace of beginning, as appears bysaid plat, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being a part ofSublots Nos. 116 and 117 in Patten,Knowles and Slater, Trustees Re-Subdivision of a part of the Brom-ford Allotment of a part of OriginalOne Hundred Acre Lots Nos. 331 and332, as shown by the recorded platin Volume 2 of Maps, Page 52 ofCuyahoga County Records, andtogether forming a parcel of land,bounded and described as follows:

Beginning on the Northerly Line ofScovill Avenue, S.E., (formerly Brom-ford Street), at a point distant 45 feetEasterly from the intersection of saidNortherly line of Scovill Avenue, S.E.,and the Easterly line of East 61stStreet, (formerly Slater Avenue);thence Easterly along said Northerlyline of Scovill Avenue, S.E., 44 feet;thence Northerly parallel with saidEasterly line of East 61st Street, 120feet to the Northerly line of saidSublot No. 117; thence Westerly alongsaid Northerly line of Sublot No. 117and parallel with said Northerly lineof Scovill Avenue, S.E., 44 feet andthence Southerly parallel with saidEasterly line of East 61st Street, 120feet to the place of beginning, asappears by said plat be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 116 and 117 in Patten,

Knowles and Slater Trustee Re-Sub-division of part of the BomfordAllotment of part of Original 100Acre Lot Nos. 331 and 332, as shownby the recorded plat of said Re-Sub-division in Volume 2 of Maps, Page52 of Cuyahoga County Records andbounded and described as follows:

Beginning at the intersection ofthe Northerly line of ScovilleAvenue S.E. with the Easterly lineof East 61st Street (formerly SlaterAvenue); thence Easterly along theNortherly line of Scoville Avenue,S.E. 45 feet; thence Northerly paral-lel with the Easterly line of East61st Street 85 feet; thence Westerlyand parallel with the Northerly lineof Scoville Avenue S.E. 45 feet to theEasterly line of East 61st Street;thence Southerly along the Easterlyline of East 61st Street 85 feet to theplace of beginning, as appears bysaid plat be the same more or less,but subject to all legal highways.


Section 48. That the real propertyto be sold pursuant this Ordinanceis more fully described as follows:


County of Cuyahoga and State ofOhio, and known as being theSoutherly one-half of Sub Lot No. 118in John Whipple’s Re-Subdivision ofpart of The Bomford and Butler Sub-division of part of Original 100 AcreLots Nos. 331 and 332, as shown bythe recorded plat in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, and being 30 feet front onthe Easterly side of East 61st Street(formerly Slater Avenue), andextending back of equal width 135feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.





County of Cuyahoga and State ofOhio, and known as being theNortherly one-half of Sublot No. 118in John Whipple Subdivision of partof Original One Hundred Acre LotsNos. 331 and 332, as shown by therecorded plat in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords, and being 30 feet front onthe Easterly side of East 61st Street,and extending back of equal width135 feet, as appears by said plat, bethe same more or less, but subjectto all legal highways.


Section 51. That pursuant to Sec-tion 183.021 of the Codified Ordi-


368

nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-02-047 asmore fully described below, toBurten, Bell, Carr Development, Inc.



County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 119 in Block “F” in Pat-ten, Knowles and Slater Trustees’Subdivision of part of Original OneHundred Acre Lots Nos. 331 and 332,as shown by the recorded plat inVolume 2 of Maps, Page 52 of Cuya-hoga County Records, bounded anddescribed as follows:

Beginning on the Easterly line ofEast 61st Street (formerly SlaterStreet) at the Southwesterly cornerof land conveyed to Frank G. Howeand Martha Howe, husband andwife, by deed dated February 24,1910 and recorded in Volume 1246,Page 92 of Cuyahoga CountyRecords; thence Southerly alongsaid Easterly line of East 61st Streetto the Southwesterly corner of saidSublot No. 119; thence Easterlyalong the Southerly line of saidSublot No. 119 to the Southeasterlycorner thereof; thence Northerlyalong the Easterly line of saidSublot No. 119 to the Southeasterlycorner of land conveyed to Frank G.Howe and Martha Howe as afore-said; thence Westerly along theSoutherly line of land so conveyedthe place of beginning, as appearsby said plat, be the same more orless, but subject to all legal high-ways.




County of Cuyahoga and State ofOhio, and known as being theNortherly one-half of Sublot No. 120in Patten, Knowles and Slater’s Sub-division of a part of Original OneHundred Acre Lot No. 331, as shownby the recorded plat of said Subdi-vision in Volume 2 of Maps, Page 52of Cuyahoga County Records. Saidpart of Sublot No. 120 has a frontageof 30 feet on the Easterly side ofEast 61st Street (formerly SlaterAvenue) and extends back betweenparallel lines, 135 feet, as appearsby said plat, be the same more orless, but subject to all legal high-ways.

NOTE: Deeds conveys caption andmore land.




County of Cuyahoga and State ofOhio, and known as being theSoutherly half of Sublot No. 121 inPatten, Knowles and Slater’s Re-Subdivision of part of Original OneHundred Acre Lots Nos. 331 and 332,as shown by the recorded plat ofsaid Re-Subdivision in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, and being 28-75/100 feetfront on the Easterly side of SlaterStreet (now known as East 61stStreet), and extending back of equalwidth 135 feet deep, be the samemore or less, but subject to all legalhighways.

NOTE: Deeds conveys caption andmore land.

SUBJECT: Easement recited inDeed Volume 91-1349, Page 38 ofCuyahoga County Records filedMarch 18, 1991.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 1.50 feet of Sublot No. 122in Patten, Knowles and Slater’sResubdivision of the Bomford Allot-ment of part of Original One Hun-dred Acre Lots Nos. 331 and 332, asshown by the recorded plat of saidResubdivision in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords. Said part of Sublot No. 122has a frontage of 1.50 feet on theEasterly side of East 61 Street (for-merly Slater Street) and extendsback between parallel lines 135 feet,be the same more or less, but sub-ject to all legal highways.




County of Cuyahoga and State ofOhio, and known as being theSoutherly 29-1/2 feet of Northerly 58-1/2 feet of Sublot No. 122 in Patten,Knowles and Slater Trustee’s Re-Subdivision of Sublot Nos. 24 to 27,inclusive, and 36 to 39, inclusive, ofthe Bomford Allotment of parts ofOriginal One Hundred Acre Lot Nos.331 and 332, as shown by the record-ed plat of said Re-Subdivision inVolume 2 of Maps, Page 52 of Cuya-

hoga County Records. Said part ofsaid Sublot No. 122 has a frontageof 29-1/2 feet on the Easterly sideof East 61st Street (formerly SlaterAvenue) and extends back betweenparallel lines, 135 feet, as appearsby said plat, be the same more orless, but subject to all legal high-ways.





County of Cuyahoga and State ofOhio, and known as being theNortherly 29-1/2 feet of Sublot No.122 in Patten, Knowles and SlaterTrustees Subdivision of Sublot Nos.24 to 27 and 36 to 39 of Bomford andButler’ as Subdivision of part ofOriginal One Hundred Acre Lot Nos.331 and 332 as shown by the record-ed plat in Volume 2 of Maps, Page52 of Cuyahoga County Records.Said part of Sublot No. 122 has afrontage of 29-1/2 feet on the East-erly side of East 61st Street (for-merly Slater Street) and extendsback between parallel lines 135 feetbe the same more or less, but sub-ject to all legal highways.




County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 6 in Block F in Patten,Knowles and Slater, Trustees Sub-division of part of Original 100 AcreLot Nos. 331 and 332 as shown bythe recorded plat in Volume 2 ofMaps, page 52 of Cuyahoga CountyRecords, bounded and described asfollows:

Beginning in the Easterly line ofEast 61st Street at the Southwester-ly comer of a parcel of land con-veyed to Raimondo and GiovanninaPolizzi by deed dated June 10, 1916and recorded in Volume 1797, Page7 of Cuyahoga County Records,which point is 95 feet Southerlymeasured along said Easterly linefrom its intersection with theSoutherly line of Quincy AvenueS.E; thence Southerly along saidEasterly line of East 61st Street, 67feet 2 inches to the Southwesterlycomer of Sublot 6; thence Easterlyalong the Southerly line of saidSublot 6 to the Southeasterly comerof said Sublot 6; thence Northerlyalong the Easterly line of saidSublot 6, 65 feet 9 inches to theSoutheasterly comer of the aforesaid


369

parcel of land conveyed to Raimon-do and Giovannina Polizzi; thenceWesterly along the Southerly line ofsaid parcel of land conveyed to thesame names Raimondo and Giovan-nina Polizzi, to the place of begin-ning, be the same more or less, butsubject to all legal highways.




County of Cuyahoga and State ofOhio and known as being part ofSublot No.10 in William S. Pattenand Other’s Re-Subdivision of partof Bomford’s Allotment of part ofOriginal One Hundred Acre Lot Nos.331 and 332 as shown by the record-ed plat of said allotment in Volume2 of maps, Page 52 of CuyahogaCounty Records and bounded anddescribed as follows:

Beginning in the Easterly line ofsaid Sublot No. 10 which line is alsothe Westerly line of East 63rd Street(formerly Second Avenue) at a point53 feet Northerly from the South-easterly comer of said Sublot No. 10;thence Westerly at right angleswith the Easterly line of said SublotNo. 10 and parallel to the Southerlyline of said Sublot No. 10, about 54feet to the Westerly line of saidSublot No. 10; thence Northerly alongthe Westerly line of said Sublot No.10, 32-75/100 feet; thence Easterly atright angles with the Westerly lineof said Sublot No. 10 and parallel tothe first described course about 54feet to the Easterly line of saidSublot No. 10; thence Southerlyalong the Easterly line of saidSublot No. 10 32-75/100 feet to theplace of beginning as appears bysaid plat be the same more or lessbut subject to all legal highways.Subject to an easement for drivewaypurposes over the Southerly 4 feet 3inches of the above describedpremises, said 4 feet, 3 inches form-ing the Northerly 4 feet, 3 inches ofa driveway 6 feet, 9 inches wide, bethe same more or less, but subjectto all legal highways.




County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 10 in William. S. Pattenand other’s Re-Subdivision of a partof Bomford’s Allotment of a part ofOriginal One Hundred Acre LotsNos. 331 and 332, as shown by therecorded plat of said allotment inVolume 2 of Maps, Page 52 of Cuya-

hoga County Records, and boundedand described as follows:

Beginning in the Easterly line ofsaid Sublot No. 10 which line is alsothe Westerly line of East 63rdStreet, (formerly Second Avenue), ata place 23 feet Northerly from theSoutheasterly comer of said SublotNo. 10; thence Westerly at rightangles with the Easterly line of saidSublot No. 10 and parallel to theSoutherly line of said Sublot No. 10about 54 feet to the Westerly line ofsaid Sublot No. 10; thence Northerlyalong the Westerly line of saidSublot No. 10, 30 feet; thence East-erly at right angles with the West-erly line of said Sublot No. 10 andparallel to the first described course,about 54 feet to said Westerly lineof East 63rd Street; thence Souther-ly along the Westerly line of saidEast 63rd Street, 30 feet to the placeof beginning, as appears by saidplat, be the same more or less, butsubject to all legal highways.

Easements for driveway purposescontained in the Deed from DavidSpero and wife, to Sarah Sisser,dated July 14, 1917, filed for recordSeptember 24, 1917, and recorded inVolume 1972, Page 420 of CuyahogaCounty Records, conveying premisesabove described and more land.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 23 feet of Sublot No. 10 inWilliam S. Patten, and others’ Sub-division of part of Original OneHundred Acre Lots Nos. 331 and 332,as shown by the recorded plat ofsaid Subdivision in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords. Said part of Sublot No. 10has a frontage of 23 feet on theWesterly side of East 63rd Street(formerly Second Avenue), andextends back between parallel lines54 feet, as appears by said plat, bethe same more or less, but subjectto all legal highways.




County of Cuyahoga and State ofOhio, and known as being Sublet No.90 in John Whipple Allotment ofpart of Original 100 Acre Lots Nos.331 and 332, as shown by the record-ed plat in Volume 2 of Maps, Page52 of Cuyahoga County Records, and

being 60 feet front on the Westerlyline of East 63rd Street and extend-ing back of equal width 135 feetdeep as appears by said plat, be thesame more or less, but subject to alllegal highways.




County of Cuyahoga and State ofOhio, and known as being theSoutherly one-half of Sublot No. 86in Block G in the John Whipple Sub-division of part of Original OneHundred Acre Lot No. 331 as shownby the recorded plat in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, and being 30 feet front onthe Easterly side of East 63rd Street(formerly Second Avenue) andextending back of lines of equalwidth 135 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.




County of Cuyahoga and State ofOhio, and known as being theNortherly one-half of Sublot No. 86in the John Whipple Subdivision ofpart of Original One Hundred AcreLots Nos. 331 and 332, as shown bythe recorded plat of said Subdivisionin Volume 2 of Maps, Page 52 ofCuyahoga County Records. SaidNortherly one-half of said Sublot No.86 has a frontage of 30 feet on theEasterly side of East 63rd Street(formerly Florence Street), and ex-tending back of original width, 135feet deep, as appears by said plat,be the same more or less, but sub-ject to all legal highways.


Section 77. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-02-071 asmore fully described below, toBurten, Bell, Carr Development, Inc



County of Cuyahoga and State ofOhio, and known as being theSoutherly one half of Sublot No. 87 inPatten, Knowles and Slater Re-Subdi-


370

vision of part of Original One Hun-dred Acre Lots Nos. 331 and 332, asshown by the recorded plat in Volume2 of Maps, Page 52 of Cuyahoga Coun-ty Records, and being 30 feet front onthe Easterly side of East 63rd Street,and extending back of equal width135 feet, as appears by said plat, bethe same more or less, but subject toall legal highways.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 56 feet of Sublot No. 88 inJohn Whipple Subdivision of part ofOriginal One Hundred Acre LotsNos. 331 and 332, as shown by therecorded plat in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords, and being 56 feet front onthe Easterly side of East 63rdStreet, (formerly Florence Street),and extending back between paral-lel lines 135 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 31 feet on Sublot No. 11and the Southerly 31 feet of theWesterly 22 feet of Sublot No. 12 inJohn Whipple Subdivision of a partof Original One Hundred Acre LotsNos. 331 and 332 as shown by therecorded plat in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords, and together forming aparcel of land 31 feet front on theEasterly side of East 63rd Street(formerly Florence Street), and ex-tending back between parallel lines76 feet, as appears by said plat, bethe same more or less, but subjectto all legal highways.





County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 15 in Patton, Knowlesand Slater’s Subdivision of part ofOriginal 100 Acre Lots Nos. 331 and332 as shown by the recorded platin Volume 2 of Maps, Page 52 ofCuyahoga County Records, boundedand described as follows:

Beginning in the Westerly line ofEast 64th Street, at a point distantSoutherly measured along saidWesterly line 84 feet from the South-erly line of Quincy Avenue S.E.;thence Southerly along the Wester-ly line of said East 64th Street 32feet 7 inches; thence Westerly par-allel with the Southerly line of saidSublot 15, 42 feet to the Southeast-erly corner of a parcel of land con-veyed to Marilla A. Walton by deeddated November 10, 1904 and record-ed in Volume 968, Page 35 of Cuya-hoga County Records; thenceNortherly along the Easterly line ofsaid parcel so conveyed to MarillaA. Walton 32 feet 7 inches to a pointdistant Southerly measured alongsaid Easterly line 84 feet from theSoutherly line of said QuincyAvenue S.E.; thence Easterly in adirect line 42 feet to the place ofbeginning, as appears by said plat,be the same more or less, but sub-ject to all legal highways.




County of Cuyahoga and State ofOhio, and known as being the East-erly 21 feet of the Southerly 30 feetof Sublot No. 14 and the Southerly30 feet of Sublot No. 15 in Patton,Knowles and Slater’s Subdivision ofpart of Original One Hundred AcreLots Nos. 331 and 332 as shown bythe recorded plat of said Subdivisionin Volume 2 of Maps, Page 52 ofCuyahoga County Records. Saidparts of Sublots Nos. 14 and 15together form a parcel of land hav-ing a frontage of 30 feet on theWesterly side of East 64th Street(formerly Dike Street) and extend-ing back between parallel lines 75feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.




County of Cuyahoga and State ofOhio, and known as being theNortherly 30 feet of Sublot No. 55 in

Patten Knowles and Slater’s Re-Allotment of part of Bomford andButler’s Allotment of part of Origi-nal One Hundred Acre Lots Nos. 331and 332, as shown by the recordedplat of said Re-Allotment in Volume2 of Maps, Page 52 of CuyahogaCounty Records. Said part of SublotNo. 55 has a frontage of 30 feet onthe Westerly side of East 64th Street(formerly Dike Street) and extendsback between parallel lines 135, asappears by said plat, be the samemore or less, but subject to all legalhighways.




County of Cuyahoga and State ofOhio, and known as being theSoutherly 25.00 feet of Sublot No. 56in Patten, Knowles and Slater's Re-Subdivision of part of Original OneHundred Acre Lots Nos. 331 and 332,as shown by the recorded plat inVolume 2 of Maps, Page 52 of Cuya-hoga County Records, and being 25feet front on the Westerly side ofEast 64th Street, and extendingback of equal width 135 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.57 in Patten, Knowles and Slater Re-Subdivision of part of Original OneHundred Acre Lots Nos. 331 and 332,as shown by the recorded plat inVolume 2 of Maps, Page 52 of Cuya-hoga County Records, and being 60feet front on the Westerly side ofEast 64th Street, and extendingback of equal width 135 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.





371


County of Cuyahoga and State ofOhio, and known as being theNortherly 27 feet of Sublot No. 58 inPatten, Knowles and Slater,Trustee’s Re-Allotment of part ofOriginal One Hundred Acre Lots Nos.331 and 332, as shown by the record-ed plat in Volume 2 of Maps, Page52 of Cuyahoga County Records, andbeing said Northerly 27 feet of saidSublot No. 58 has a frontage of 27feet front on the Westerly side ofEast 64th Street (formerly DikeStreet) and extends back of equalwidth 135 feet deep, as appears bysaid plat, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 33 feet of Sublot No. 58 inJohn Whipple et al Allotment ofpart of Original One Hundred AcreLot No. 331, as shown by the record-ed plat in Volume 2 of Maps, Page52 of Cuyahoga County Records, andbeing 33 feet front on the Westerlyside of East 64th Street, and extend-ing back between parallel lines 135feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.





County of Cuyahoga and State ofOhio, and known as being the Northhalf of Sublot No. 59 in John Whip-ple, et al. Subdivision, in Original OneHundred Acre Lot No. 331, of saidNorth half of Sublot No. 59 being 30feet front on the West side of East64th Street, and extending back 135feet in depth as per plat of said Sub-division, recorded in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, be the same more or less,but subject to all legal highways.



Section 100. That the real proper-ty to be sold pursuant to this Ordi-nance is more fully described as fol-lows:


County of Cuyahoga and State ofOhio, and known as being theSoutherly one-half of Sub Lot No. 59in Patten, Knowles and Slater’sTrustee Subdivision of part of Orig-inal One Hundred Acre Lots Nos. 331and 332, as shown by the recordedplat in Volume 2 of Maps, Page 52of Cuyahoga County Records andbeing 30 feet front on the Westerlyside of 64th Street (formerly DikeStreet) and extending back of equalwidth 135 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being a part ofSublot No. 60 in the Patten, Knowlesand Slater, Trustees Subdivision ofa part of Original One Hundred AcreLots Nos. 331 and 332, as shown bythe recorded plat of said Subdivisionin Volume 2 of Maps, Page 52 ofCuyahoga County Records, andbounded and described as follows:

Beginning at the Northeasterlycomer of Sublot No. 60 in the West-erly line of East 64th Street, (for-merly Dike Street); thence Souther-ly along the Westerly line of saidEast 64th Street, 32 feet; thence atright angles Westerly and parallelwith the Northerly line of saidSublot No. 60, 95 feet; thence at rightangles Northerly and parallel withthe Westerly line of East 64thStreet, 32 feet to a point in theNortherly line of said Sublot No. 60;thence Easterly along the Northerlyline of said Sublot no. 60, 95 feet tothe place of beginning, and being 32feet front on the Westerly side ofEast 64th Street, and extendingback of equal width 95 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio: And known as being the

Southerly 35 feet of the Westerly 105feet of Sublot No. 48 in PattenKnowles and Slater Trustees Subdi-vision of part of Original 100 AcreLots Nos. 331 and 332 as shown bythe recorded plat in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords. Said part of Sublot No. 48has a frontage of 35 feet on theEasterly side of East 64th Street(formerly Dike Street) and extendsback of equal width 105 feet alongthe Northerly side of Scovill Avenue,S.E., according to said plat, be thesame more or less, but subject to alllegal highways.





County of Cuyahoga and State ofOhio, and known as being theNortherly 25 feet of the Westerly 105feet of Sublot No. 48 and theSoutherly 15 feet of the Westerly 105feet of Sublot No. 49 in Patten,Knowles and Slater, Trustees Re-Subdivision of part of Bomford andButler’s Allotment of part of Origi-nal 100 Acre Lots Nos. 331 and 332as shown by the recorded plat inVolume 2 of Maps, Page 52 of Cuya-hoga County Records. Said parts ofsaid Sublots Nos. 48 and 49 togetherform a parcel of land having afrontage of 40 feet on the Easterlyside of East 64th Street (formerlyDike Street) and extending backbetween parallel lines, 105 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 35 feet of the Northerly 45feet of the Westerly 105 feet ofSublot No. 49 in Patten, Knowlesand Slater Trustee’s Resubdivisionof part of the Butler Allotment ofpart of Original One Hundred AcreLots Nos. 331 and 332 as shown bythe recorded plat of said Re-Subdi-vision in Volume 2 of Maps, Page 52of Cuyahoga County Records. Saidpart of said Sublot No. 49 has afrontage of 35 feet on the Westerlyside of East 64th Street (formerlyDike Street) and extending backbetween parallel lines 105 feet, asappears by said plat, be the same


372

more or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being theNortherly 10 feet of Sublot No. 49 andthe Southerly 25 feet of Sublot No. 50in Patten, Knowles and SlaterTrustees’ Re-Subdivision of part ofOriginal One Hundred Acre Lots Nos.331 and 332, as shown by the record-ed Plat in Volume 2 of Maps, Page52 of Cuyahoga County Records, andtogether forming a parcel of land 35feet front on the Easterly side ofEast 64th Street (formerly DikeStreet), and extending back of equalwidth 135 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being theNortherly 35 feet of Sublot No. 50 inPatton, Knowles and SlaterTrustees’ Resubdivision of part ofthe Bomford and Butler Allotment ofpart of Original One Hundred AcreLots Nos. 331 and 332 as shown bythe recorded plat of said Re-Subdi-vision in Volume 2 of Maps, Page 52of Cuyahoga County Records. Saidpart of Sublot No. 50 has a frontageof 35 feet on the Easterly side ofEast 64th Street, S.E. (formerly DikeStreet) and extends back of equalwidth 135 feet deep, according tosaid plat, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 30.00 feet of Sublot No. 51

in Patten, Knowles and SlatersTrustee’s Re-Subdivision of part ofOriginal One Hundred Acre LotsNos. 331 and 332, as shown by therecorded plat in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords, and being 30 feet front onthe Easterly side of East 64thStreet, and extending back of equalwidth 135 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being theNortherly one half of Sublot No. 51in Patten, Knowles and SlatersTrustee’s Re-Subdivision of part ofOriginal One Hundred Acre LotsNos. 331 and 332, as shown by therecorded plat in Volume 2 of Maps,Page 52 of Cuyahoga CountyRecords, and being 30 feet front onthe Easterly side of East 64thStreet, and extending back of equalwidth 135 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being theSoutherly one-half of Sublot No. 53in Patten, Knowles and Slater,Trustee’s Re-Subdivision of a part ofOriginal One Hundred Acre LotsNos. 331 and 332, as shown by therecorded plat of said Re-Subdivisionin Volume 2 of Maps, Page 52 ofCuyahoga County Records. SaidSoutherly one-half of Sublot No. 53has a frontage of 30 feet on theEasterly side of East 64th Street(formerly Dike Avenue) and ex-tends back between parallel lines135 feet, as appears by said plat bethe same more or less, but subjectto all legal highways.




County of Cuyahoga and State ofOhio, and known as being theNortherly 30 feet of Sublot No. 53 inPatton Knowles and Slater’sTrustees Subdivision of part of Orig-inal 100 Acre Lot Nos. 331 and 332as shown by the recorded plat inVolume 2 of Maps, Page 52 of Cuya-hoga County Records and being aparcel of land 30 feet front on theEasterly side of East 64th Streetand extending back of equal width95 feet, as appears by said plat.


Section 121. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases andSupplies is hereby authorized to sellPermanent Parcel No. 124-02-098 asmore fully described below, toBurten, Bell, Carr Development, Inc.



County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 53 and 54 in Patten,Knowles and Slater’s, Trustees, Sub-division of parts of Original OneHundred Lot Nos. 331 and 332 asshown by the recorded plat in Vol-ume 2 of Maps, Page 52 of CuyahogaCounty Records and bounded anddescribed as follows:

Beginning on the Easterly line ofEast 64th Street at a point distantSoutherly 30 feet from the North-westerly comer of said Sublot No. 53;thence Easterly 95 feet parallel withthe Northerly line of said Sublot No.53 to a point for the principal placeof beginning; thence Northerly 60feet parallel with the said Easterlyline of East 64th Street to a pointdistant Northerly 30 feet from theSoutherly line of said Sublot No. 54;thence Easterly about 40 feet paral-lel with the Southerly line of saidSublot No. 54 to a point in the East-erly line of said Sublot No. 54;thence Southerly 60 feet along theEasterly line of said Sublot Nos. 53and 54 to a point distant Southerly30 feet from the Northeasterly comerof said Sublot No. 53; thence West-erly about 40 feet parallel with theNortherly line of said Sublot No. 53to a principal place of beginning;and an easement bounded anddescribed as follows:

Beginning on the Easterly line ofEast 64th Street at a point distantNortherly 23 feet from the South-westerly comer of said Sublot No. 54;thence Northerly 7 feet along thesaid Easterly line of East 64thStreet to a point; thence Easterly 95feet parallel with the Southerly lineof said Sublot No. 54 to a point;thence Southerly 7 feet parallel withthe said Easterly line of East 64thStreet to a point; thence Westerly 95feet parallel with the Southerly lineof said Sublot No. 54 to the originalplace of beginning, as appears bysaid plat, be the same more or less,but subject to all legal highways.

Section 123. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sell


373

Permanent Parcel No. 124-02-101 asmore fully described below, toBurten, Bell, Carr Development, Inc.



County of Cuyahoga and State ofOhio, and known as being part ofSub Lot No. 54 in Patten, Knowlesand Slater’s Trustees Subdivision ofpart of Original One Hundred AcreLots Nos. 331 and 332, as shown bythe recorded plat in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, and bounded and describedas follows:

Beginning on the Easterly line ofEast 64th Street at the Southwester-ly comer of said Sub Lot No. 54;thence Northerly 30 feet along thesaid Easterly line of East 64thStreet to a point; thence Easterly 95feet parallel to the Southerly line ofSub Lot No. 54; thence Southerly 30feet parallel with the said Easterlyline of East 64th Street to a pointin the Southerly line of said Sub LotNo. 54; thence Westerly 95 feet alongthe Southerly line of said Sub LotNo. 54 to the place of beginning, asappears by said plat, be the samemore or less, but subject to all legalhighways.




County of Cuyahoga and State ofOhio, and known as being the West-erly 21 feet from front to rear of theEasterly 42.58 feet of Sub-lots Num-bers 82 and 83 in Patten, Knowlesand Slater’s Re-Subdivision of Sub-lots Numbers 24, 25, 26, 27, 37, 38 and39 in Bomford and Butler’s Allot-ment of a part of Original One Hun-dred Acre Lots Numbers 331 and 332,as shown by the recorded plat ofsaid Re-Subdivision in Volume 2 ofMaps, Page 52 of Cuyahoga CountyRecords, and being 21 feet front onthe Northerly side of Scovill AvenueS.E., and extending back of equalwidth 120 feet deep, as appears bysaid plat, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being part of

Sublot No. 25 in Patten, Knowlesand Slaters, Trustees Re-Subdivisionof part of Original 100 Acre LotsNos. 331 and 332 as shown by therecorded plat in Volume 2 of Maps.Page 52 of Cuyahoga CountyRecords and bounded and describedas follows:

Beginning on the Westerly line ofEast 66th Street at the Southeaster-ly corner of said Sublot No. 25;thence Northerly 30 feet along thesaid Westerly line of East 66thStreet to a point; thence Westerly 75feet parallel with the Northerly lineof said Sublot No. 25 to a point;thence Southerly 30 feet parallelwith the said Westerly line of East66th Street to a point in the Souther-ly line of said Sublot No. 25; thenceEasterly 75 feet along the Souther-ly line of Sublot No. 25 to the placeof beginning, be the same more orless, but subject to all legal high-ways.

Section 129. That all documentsnecessary to complete the con-veyance authorized by this ordi-nance shall be executed within six(6) months of the effective date ofthis ordinance. If all of the docu-ments are not executed within six(6) months of the effective date ofthis ordinance, or such additionaltime as may be granted by theDirector of Community Develop-ment, this ordinance shall berepealed and shall be of no furtherforce or effect.

Section 130. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 131. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.


Referred to Directors of Commu-nity Development, City PlanningCommission, Finance, Law; Com-mittees on Community and Econom-ic Development, Finance.

Ord. No. 340-04.By Council Member Jones.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on Alonzo and OakdaleAvenues to Amistad DevelopmentCorporation.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-

tate reutilization of nonproductivelands situated within the City ofCleveland; and




Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 142-13-084,142-17-019 and 142-17-020, as morefully described below, to AmistadDevelopment Corporation.

Section 2. That the real propertyto be sold pursuant to this ordinanceis more fully described as follows:


County of Cuyahoga and State ofOhio, and known as being Sublot No.47 in the S. H. Kleinman RealtyCompany’s Miles Heights Allotmentof part of Original WarrensvilleTownship Lot No. 82, as shown bythe recorded plat in Volume 44 ofMaps, Page 15 of Cuyahoga CountyRecords and being 40 feet front onthe Northerly side of OakdaleAvenue S.E. and extending back ofequal width, 114.43 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 197 in the Miles HeightsSubdivision of part of OriginalTownship Lot No. 82, as shown bythe recorded plat in Volume 44 ofMaps, Page 15 of Cuyahoga CountyRecords. Said Sublot has a frontageof 40 feet on East 158th Street, asappears by said plat, be the samemore or less, but subject to all legalhighways.

Also subject to all zoning ordi-nances, if any.


County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 198 in the Miles HeightsSubdivision of part of OriginalTownship Lot No. 82, as shown bythe recorded plat in Volume 44 ofMaps, Page 15 of Cuyahoga CountyRecords. Said Sublot has a frontageof 40 feet on East 158th Street, asappears by said plat, be the samemore or less, but subject to all legalhighways.


Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents are


374

not executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.





Ord. No. 341-04.By Council Member Pierce Scott.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on Ostend Avenue toMaher J. Ali.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductivelands situated within the City ofCleveland; and




Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 109-09-138,as more fully described below, toMaher J. Ali.

Section 2. That the real propertyto be sold pursuant to this ordi-nance is more fully described asfollows:


County of Cuyahoga and State ofOhio, and known as being Sublot No.301 in B. Schatzinger’s SuperiorPark Subdivision of part of OriginalOne Hundred Acre Lot No. 377, asshown by the recorded plat in Vol-ume 35 of Maps, Page 20 of Cuya-hoga County Records and being 40feet front on the Northerly side ofOstend Avenue, N.E., and extendingback of equal width 87.50 feet asappears by said plat, be the samemore or less, but subject to all legalhighways.

Subject to easement recorded inVolume 1201, Page 456 of CuyahogaCounty Records.

Also subject to all zoning ordi-nances, if any

Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.





Ord. No. 352-04.By Council Member Lewis.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on East 47th Street toPalsa Development, Inc.


Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-

tered and disposed of by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and



Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 104-24-053,as more fully described below, toPalsa Development, Inc.



County of Cuyahoga and State ofOhio, and known as being parts ofSublot Nos. 71 and 72 in AlexanderMcIntosh’s Subdivision of part ofOriginal Ten Acre Lots Nos. 125 and126, as shown by the recorded platin Volume 11 of Maps, Page 51 ofCuyahoga County Records andbounded and described as follows:

Beginning in the Northeasterlyline of East 47th Street (formerlyHoadley Street) at the most West-erly corner of said Sublot No. 72;thence Northeasterly 146.84 feetalong the Northwesterly line of saidSublot No. 72 to the most Northerlycorner thereof; thence Southeasterly48.50 feet along the Northeasterlyline of said Sublot Nos. 72 and 71 toa point, thence Southwesterly 58.84feet parallel to said Southeasterlyline of Sublot No. 72 to a point;thence Northwesterly 18.50 feet, par-allel to said Northeasterly line ofEast 47th Street to a point; thenceSouthwesterly 88.00 feet parallel tosaid Southeasterly line of Sublot No.72 to a point in said Northeasterlyline of East 47th Street; thenceNorthwesterly 30.00 feet along saidNortheasterly line of East 47thStreet, to the place of beginning, bethe same more or less, but subjectto all legal highways.




Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City of


375

Cleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.




ing the sale of real property as partof the Land Reutilization Programand located on East 87th Street toBelinda Marie Hill.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 119-05-045and 119-05-046, as more fullydescribed below, to Belinda MarieHill.



County of Cuyahoga and State ofOhio, and known as being theNortherly 40 feet of Sublot No. 34 inthe P.H. Babcock’s Subdivision ofpart of Original One Hundred AcreLot No. 400, as shown by the record-ed plat in Volume 15 of Maps, Page38 of Cuyahoga County Records, andbeing 40 feet front on the Westerlyside of East 37th Street (formerlyBrookfield Street) and extendingback 170 feet on the Northerly line,170.19 feet on the Southerly line, andhaving a rear line of 40 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State ofOhio, and known as being theSoutherly 38.50 feet front and rearof Sublot No. 33 in P.M. Babcock’sAllotment of part of Original OneHundred Acre Lot No. 400, as shownby the recorded plat in Volume 15of Maps, Page 38 of Cuyahoga Coun-ty Records, and being 38.50 feetfront on the Easterly side of East87th Street (formerly BrookfieldStreet), and extending back 169.83feet on the Northerly line, 170 feeton the Southerly line, having a rearline of 38.50 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.








ing the sale of real property as partof the Land Reutilization Programand located on East 70th Street toLLLJ. LTD.


Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department of

Community Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and



Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 105-16-001,as more fully described below, toLLLJ. LTD.



County of Cuyahoga and State ofOhio, and known as being Sublot No.19 in W.J. Crawford’s Re-Subdivisionof part of Hoyt and Taylor’s Subdi-vision of part of Original One Hun-dred Acre Lot Nos. 347 and 349, asshown by the recorded plat of saidRe-Subdivision in Volume 13 ofMaps, Page 17 of Cuyahoga CountyRecords, and being 40 feet front onthe Easterly side of East 70th Street(formerly Hoyt Avenue), andextending back of equal width 167feet deep, as appears by said plat.

Subject to zoning ordinances, ifany.



Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Directorof Law and executed by the Mayor onbehalf of the City of Cleveland. Thedeed shall contain such provisions asmay be necessary to protect and ben-efit the public interest including suchrestrictive covenants and reversion-ary interests as may be specified bythe Board of Control, the Director ofCommunity Development or the Direc-tor of Law.


Referred to Directors of Commu-nity Development, City PlanningCommission, Finance, Law; Com-mittees on Community and Eco-nomic Development, Finance.


376

FIRST READING ORDINANCES REFERRED

Ord. No. 215-A-04. (As a substitute for Ord. No. 215-04).

By Council Member Zone.

An ordinance to change the zoning of parcels along W. 79th Street between Ferrell Avenue and Madison Avenue

from a General Industry Use District to a Multi-Family Residential Use District and a Parking District and from

a “B” Area to an “E” Area (Map Change No. 2112, Sheet No. 1).

Be it ordained by the Council of the City of Cleveland:

Section 1. That the Use and Area Districts of lands bounded and described as follows:

Beginning on the centerline of Ferrell Avenue N.W. (51 feet wide) at its Intersection with the Northerly pro-

longation of the Westerly line of the Lot Consolidation Plat for EDEN, Inc. as shown by the recorded plat in

Volume 311, Page 96 of Cuyahoga County Records; thence Easterly along the Centerline of said Ferrell Avenue

N.W. to its Intersection with the Centerline of West 79th Street (29 feet wide); thence Southerly along the Cen-

terline of said West 79th Street to its Intersection with the Westerly prolongation of the Northerly line of Sublot

No. 5 of the D.Z. Herr & C. Gregerson Allotment as shown by the recorded plat in Volume 5, Page 46 of Cuya-

hoga County Records; thence Easterly along the Westerly prolongation and Northerly line of said Sublot No. 5 to

the Northeasterly corner thereof; thence Southerly along the Easterly line of Sublot No. 5 and Sublot. No. 4 of

said Allotment to the Southeasterly corner thereof; thence Westerly along the Southerly line and Westerly pro-

longation of Sublot No. 4 of said Allotment to its Intersection with the Centerline of West 79th Street, as afore-

said; thence Southerly along the Centerline of said West 79th Street to its Intersection with the Centerline of

Madison Avenue (60 feet wide); thence Westerly along the Centerline of said Madison Avenue to its Intersection

with the Southerly prolongation of the Easterly line of Sublot No. 58 of the Charles Pease Subdivision as shown

by the recorded plat in Volume 20, Page 12 of Cuyahoga County Records; thence Northerly along the Southerly

prolongation, Easterly line, and Northerly prolongation of Sublot No. 58 of said Subdivision to its Intersection

with the Centerline of Pease Court N.W. (12 feet wide); thence Westerly along the Centerline of said Pease Court

N.W. to its Intersection with the Southerly prolongation of the Westerly line of the Lot Consolidation Plat for

EDEN, Inc., as aforesaid; thence Northerly along the Southerly prolongation, Westerly line and Northerly prolon-

gation of the Westerly line of said Lot Consolidation Plat for EDEN, Inc. to place of beginning,

and as outlined and shaded on the attached map is changed to a Multi-Family Residential Use District Business

and a Parking District and to an “E” Area District.

Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No.

2112, Sheet No. 1, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office

of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person

designated for this purpose by the City Planning Commission.

Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by

law.

Proposed rezoning of parcels along W. 79th Street between Madison Avenue and Ferrell Avenue from a General

Industry Use District to a Multi-Family Residential Use District and a Parking District, and from a “B” Area to

an “E” Area District. (Map Change No. 2112, Sheet No. 1).


377

Referred to Directors of City Planning Commission, Law; Committee on City Planning.

Without objection, substitute Ordinance No. 215-A-04 agreed to. Ordinance No. 215-04 laid on the table.

Ord. No. 342-04.By Council Members Cimperman

and Pierce-Scott.An ordinance establishing the St.

Clair Business Revitalization Dis-trict (Map Change No. 2087, SheetNo. 4).

Whereas, the Board of Trustees ofSt. Clair Superior NeighborhoodDevelopment Association has sub-mitted a written request datedAugust 29, 2003, to the City Plan-ning Commission for designation ofa Business Revitalization District inaccordance with the procedures out-lined in Chapter 303 of the CodifiedOrdinances of the City of Cleveland;and

Whereas, such request is accom-panied by a map identifying theboundaries of the proposed District;and

Whereas, the City Planning Com-mission has determined that the pro-posed District meets the criteria fordesignation contained in Section303.04 of Chapter 303 of the CodifiedOrdinances of the City of Cleveland,Ohio, 1976, now, therefore


Section 1. That the St. Clair Busi-ness Revitalization District is here-by established and includes theareas shown on the map in File No.342-04-A.

Section 2. That the designation ofthe area described in Section 1 here-of as the St. Clair Business Revital-ization District shall be noted on theBuilding Zone Maps of the City ofCleveland on file in the office of theClerk of Council and on file in theoffice of the City Planning Com-mission by the appropriate persondesignated for such purpose by theCity Planning Commission.

Section 3. That this ordinanceshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of City Plan-ning Commission, Law; Committeeon City Planning.


378

Ord. No. 343-04.

By Council Member Conwell.

An ordinance to change the zoning of parcels along Superior Avenue between East 114th and Lakeview from

General Retail to Local Retail Business District (Map Change No. 2114, Sheet No. 8).


Section 1. That the Use District of lands bounded and described as follows:

Beginning on the Centerline of East 114th Street (50 feet wide) at its Intersection with the Westerly prolon-

gation of the Northerly line of a parcel of land conveyed to the City of Cleveland by Instrument dated October

19, 1994 recorded in Volume 9872, Page 12 of the Cuyahoga County Records and also known as being P.P.N. 110-

31-009; thence Easterly along the Westerly prolongation and Northerly line of said P.P.N. 110-31-009 to point on

the Westerly line of Sublot No. 1 of E.Q. Potter’s Subdivision as shown by the recorded plat in Volume 45, Page

7 of the Cuyahoga County Records, said point being distant 74.53 feet by rectangular measurement from the South-

westerly corner of said Sublot No. 1; thence Northerly along the Westerly line of Sublot Nos. 1 and 3 of said Pot-

ter’s Subdivision to the Northwesterly corner thereof; thence Easterly along the Northerly line and Easterly pro-

longation of said Sublot No. 3 to its Intersection with the Centerline of East 115th Street (40 feet wide); thence

Southerly along the Centerline of said East 115th Street to its Intersection with the Southwesterly prolongation

of the Northerly line of Sublot No. 22 of said Potter’s Subdivision; thence Northeasterly along the irregular North-

westerly line and Northeasterly prolongation of Sublot No. 22 through 29 both inclusive of said Potter’s Subdivi-

sion to its Intersection with the Centerline of Carolina Road (40 feet wide); thence Southeasterly along the Cen-

terline of said Carolina Road to its Intersection with the Southwesterly prolongation of the Northwesterly line of

Sublot No. 56 of said Potter’s Subdivision; thence Northeasterly along the Southwesterly prolongation and North-

westerly line of Sublot No. 56 through 58 both inclusive of said Potter’s subdivision to the Northeasterly corner

thereof; thence Southeasterly and Southerly along the irregular Easterly line of Sublot No. 58 to a point, said

point being distant 75 feet by rectangular measurement from the Southeasterly corner of said Sublot No. 58; thence

Easterly along a line parallel to and distant 75 feet by rectangular measurement from the Northerly line of Supe-

rior Avenue (60 feet wide) to its Intersection with the Centerline of Lakeview Road (60 feet wide); thence South-

easterly along the Centerline of said Lakeview Road to its Intersection with the Easterly prolongation of the

Southerly line of Sublot No. 94 of Martin Dodge’s Superior Street Allotment as shown by the recorded plat in Vol-

ume 18, Page 17 of Cuyahoga County Records; thence Westerly along the Southerly line of Sublot Nos. 94, 47, 46,

45, 44, 43, and 42 and along the Westerly prolongation of the Southerly line of Sublot No. 42 of said Dodge’s Supe-

rior Street Allotment to its Intersection with the Centerline of East 120th Street (40 feet wide); thence Northerly

along the Centerline of said East 120th Street to its Intersection with the Southerly line of a parcel of land con-

veyed to Manuel Raymond by Instrument dated April 2, 1997 recorded in Volume 2859, Page 27 of Cuyahoga Coun-

ty Records and also known as being P.P.N. 120-05-004; thence Westerly along the Southerly line of said P.P.N. 120-

05-004 to its Intersection with the Easterly line of Sublot No. 1 of said Dodge’s Superior Street Allotment; thence

Southerly along the Easterly line of said Sublot No. 1 to the Southeasterly corner thereof; thence Westerly along

the Southerly line and Easterly prolongation of said Sublot No. 1 traversing P.P.N. 120-05-002 to a point on the

Easterly line of Sublot No. 231 of B. Schatzinger & H. Bailey’s Allotment as shown by the recorded plat in Vol-

ume 27, Page 11 of Cuyahoga County Records; thence Southerly along the Easterly line of said Sublot No. 231 to

the Southeast corner thereof; thence Westerly along the Southerly line and Westerly prolongation of Sublot Nos.

231 and 230 of said Subdivision to its Intersection with the Centerline of East 117th Street (38 feet wide); thence

Southerly along the Centerline of said East 117th Street to its Intersection with the Easterly prolongation of the

Northerly line of Sublot No. 204 of said Subdivision; thence Westerly along the Easterly prolongation and Norther-

ly line of said Sublot No. 204 to the Northwesterly corner therein; thence Southerly along the Westerly line of

said Sublot No. 204 to its Intersection with the Easterly prolongation of the Centerline of Edith Avenue N.E. (15

feet wide); thence Westerly along the Centerline of said Edith Avenue N.E. to its Intersection with the Center-

line of East 115th Street (40 feet wide); thence Northerly along said East 115th Street to its Intersection with the

Centerline of Superior Avenue, as aforesaid; thence Southwesterly along the Centerline of said Superior Avenue

to its Intersection with the Centerline of East 114th Street, as aforesaid; thence Northerly along the Centerline

of said East 114th Street to place of beginning,

and as outlined and shaded on the attached map is changed to a Local Retail Business Use District.



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.

Proposal to change the zoning of parcels along Superior Avenue from East 114th Street to Lakeview from aGeneral Retail Business Use District to a Local Retail Business Use District (Map Change No. 2114, Sheet No. 8).


379


Ord. No. 344-04.By Council Member Conwell.An ordinance to change the zoning of parcels along Superior between Parkwood and East 115th Street from

General Retail to Multi-Family Residential Use District (Map Change No. 2113, Sheet No. 8).Be it ordained by the Council of the City of Cleveland:

Section 1. That the Use District of lands bounded and described as follows:

Beginning on the Centerline of Superior Avenue N.E. (80 feet wide) at its intersection with the Centerline of

Parkwood Drive N.E. (60 feet wide); thence Northerly along the Centerline of said Parkwood Drive to its inter-

section with the Westerly prolongation of the Southerly line of Sublot No. 9 in the Parkwood Avenue Subdivision

as shown in the recorded plat in Volume 20 page 28 of Cuyahoga County records; thence Easterly along the West-

erly prolongation and Southerly line of said Sublot No. 9 to the Southeasterly corner thereof; thence Northerly

along the Easterly line of said Sublot No. 9 to a point on the Westerly line of Sublot No. 54 in said Parkwood

Avenue Subdivision, said point being distant 4 feet by rectangular measurement from the Southerly line of said

Sublot No. 54; thence Easterly and parallel with the Southerly line of said Sublot No. 54 to the Westerly line of

East 111th Street (44 feet wide); thence in a direct line crossing said East 111th Street to a point on the West-

erly line of Sublot No. 55 in said Parkwood Avenue Subdivision, said point being distant 5 feet by rectangular

measurement from the Southerly line of said Sublot No. 55; thence Easterly and parallel with the Southerly line

of said Sublot No. 55 to the Westerly line of Sublot No. 108 in the A.J. Marsh Subdivision as shown by the record-

ed plat in Volume 21 page 3 of Cuyahoga County records; thence Southerly along the Westerly line of said Sublot

No. 108 to the Southeasterly corner thereof; thence Easterly along the Southerly line of said Sublot No. 108 to the

Westerly line of East 112th Street (40 feet wide); thence crossing said East 112th Street in a direct line to the

Northwest corner of Sublot No. 4 in said A.J. Marsh Subdivision; thence Easterly along the Northerly line of Sublot

No. 4 through 9 both inclusive of said A.J. Marsh Subdivision to the Westerly line of East 113th Street (40 feet

wide); thence continuing Easterly in a direct line across said East 113th Street to the Northwesterly corner of

Sublot No. 10 in said A.J. Marsh Subdivision; thence Easterly along the Northerly line of Sublot Nos. 10, 11, and

12 in said Subdivision to the Westerly line of Sublot No. 29 in the Deming Brothers Company Subdivision and

also known as P.P.N. 109-24-012; thence Southerly along the Westerly line of said Sublot No. 29 about 25.6 feet to

a point said point being the Southerly line of said P.P.N. 109-24-012; thence Easterly along the Southerly line of

said P.P.N. 109-24-012 and its Easterly prolongation to the Centerline of East 114th Street (50 feet wide); thence

Southerly along the Centerline of said East 114th Street to its intersection with the Centerline of Superior Avenue

aforesaid; thence Easterly along the Centerline of said Superior Avenue to its intersection with the Centerline of

East 115th Street (40 feet wide); thence Southerly along the Centerline of said East 115th Street to its intersec-

tion with the Easterly prolongation of the Southerly line of Parcel No. 3 as shown on the Plat of Lot Split for

the Burks Development Corporation recorded in Volume 15694 Page 989 of the Cuyahoga County records; thence

Westerly along the Easterly prolongation and Southerly line of said Parcel No. 3 and along the irregular Souther-

ly line of Parcel No. 1 of said Plat of Lot Split for the Burks Development Corporation to the Southwesterly cor-

ner thereof; thence continuing Westerly in a direct line across East 114th Street (40 feet wide) to the North-

easterly corner of Sublot No. 47 of the Schatzinger & Hartwick’s Subdivision as shown by the recorded plat in

Volume 27, Page 13 of the Cuyahoga County records; thence continuing Westerly along the Southerly line of

Sublot Nos. 47, 48 and part of 49 to a point on the Southerly line of Sublot No. 49 of said Subdivision, said point

being the Northeasterly corner of a parcel of land conveyed to Seaway Acceptance Corp. by Instrument dated

August 8, 1997, A.F.N. 00547546, and also known as being P.P.N. 120-03-012; thence Southerly along the Easterly

line of said P.P.N. 120-03-012 to the Southeasterly corner therein; thence Westerly along the Southerly line of said

P.P.N. 120-03-012 and along the Southerly line of Sublot No. 52 of Schatzinger & Hartwick’s Subdivision, as afore-

said to the Southwesterly corner therein; thence continuing Westerly in a direct line across East 112th Street (50

feet wide) to the Southeasterly corner of a parcel of land conveyed to Fifth Church of God by Instrument dated

July 1, 2002, A.F.N. 200207010201, and also known as being P.P.N. 120-03-010; thence Westerly along the irregular

Southerly line of said parcel to the Southwesterly corner therein; thence Southerly along the Easterly line of

Sublot No. 9 of Hamilton’s Allotment as shown by the recorded plat in Volume 24, Page 13 of the Cuyahoga Coun-

ty records to the Southeasterly corner therein; thence Westerly along the Southerly line of Sublot Nos. 9, 8, 7, and

6 and along the Westerly prolongation of Sublot No. 6 of said Allotment to its Intersection with the Centerline

of East 111th Street (44 feet wide); thence Northerly along said Centerline to its Intersection with the Easterly

prolongation of Northerly line of a parcel of land conveyed to Beneficial of Ohio by Instrument dated March 18,

2003, A.F.N. 200303180355, and also known as being P.P.N. 120-03-098; thence Westerly along the Northerly line of

said P.P.N. 120-03-098 to the Northwesterly corner thereof; thence Southerly along the Easterly line of a parcel of

land conveyed to James Nash, Jr. and James E. Watkins by Instrument dated August 20, 1981 recorded in Vol-

ume 15478 Page 0693 and also known as being P.P.N. 120-03-136 to the Southeasterly corner thereof; thence West-

erly along the Southerly line and Easterly prolongation of said parcel to its Intersection with the Centerline of

East 110th Street (50 feet wide); thence Northerly along the Centerline of said East 110th Street to its Intersec-

tion with the Centerline of Superior Avenue, aforesaid, to place of beginning,

and as outlined and shaded on the attached map is changed to a Local Retail Business Use District.



of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person des-

ignated for this purpose by the City Planning Commission.

Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Proposal to change the zoning of parcels along Superior Avenue from Parkwood to East 115th Street from aGeneral Retail Business Use District to a Multi-Family Residential Use District (Map Change No. 2113, Sheet No. 8).


380


FIRST READING EMERGENCYORDINANCES READ IN FULL

AND PASSED

Ord. No. 345-04.By Council Member Pierce Scott.An emergency ordinance to amend

Sections 1 and 2 of Ordinance No.2338-02, passed November 25, 2002 asamended by Ordinance No. 256-03,passed February 24, 2003 as itrelates to the Community ParentingProgram that is being fundedthrough Ward 8 Neighborhood Equi-ty Funds.



Section 1. That Sections 1 and 2 ofOrdinance No. 2338-02, passedNovember 25, 2002, as amended byOrdinance No. 256-03, passed Febru-ary 24, 2003 are hereby amended toread respectively as follows:

Section 1. That the Director ofCommunity Development is autho-rized to enter into an agreementwith Custom Enrichment effectivefrom September 1, 2002 to June 30,2004 for the Community ParentingProgram for the public purpose ofproviding parenting support andeducation for families residing inthe City of Cleveland through theuse of Ward 8 Neighborhood EquityFunds.

Section 2. That the cost of saidcontract shall be in an amount notto exceed $34,000 and shall be paidfrom Fund No. 10 SF 166.

Section 2. That the existing Sec-tions 1 and 2 of Ordinance No. 2338-02, passed November 25, 2002, asamended by Ordinance No. 256-03,passed February 24, 2003 are herebyrepealed.


Motion to suspend rules. Charterand statutory provisions and placeon final passage.

The rules were suspended. Yeas19. Nays 0. Read second time. Readthird time in full. Passed. Yeas 19.Nays 0.

Ord. No. 346-04.By Council Member Cimperman.An emergency ordinance consent-

ing and approving the issuance of apermit for the St. Malachi Run (5and 2 mile) on March 13, 2004, spon-sored by Hermes Race Systems.



Section 1. That pursuant to Sec-tion 411.06 of the Codified Ordi-nances of Cleveland, Ohio 1976, thisCouncil consents to and approvesthe holding of the St. Malachi Run

(5 and 2 mile), sponsored by Her-mes Race Systems, on March 13,2004, with the 5 mile run startingon Main, heading north to Center,Center north to River Rd., RiverRd. to Elm, Elm south to Riverbed,Riverbed all the way to Carter,Carter to Scranton, Scranton toTrain, Train Ave. west to Willey,Willey to Columbus, Columbus eastto Riverbed. Once on Riverbed backto Elm then Elm to Winslow. Thenback to church for the finish forthe 5 mile. The 2 mile run is as fol-lows, start on Main to Center, Cen-ter to Riverbed, Riverbed to Colum-bus, Columbus to Center, Centernorth to Winslow, Winslow toWashington to the finish, providedthat the applicant sponsor shallmeet all the requirements of Sec-tion 411.05 of the Codified Ordi-nances of Cleveland, Ohio, 1976.Streets may be closed as deter-mined by the Chief of Police andsafety forces as may be necessaryin order to protect the participantsin the event. Said permit shall fur-ther provide that the City of Cleve-land shall be fully indemnifiedfrom any and all liability resultingfrom the issuance of the same, tothe extent and in form satisfactoryto the Director of Law.




Ord. No. 348-04.By Council Members Westbrook

and Jackson (by departmental re-quest).

An emergency ordinance authoriz-ing and approving a contract withAnthony Allega Inc. for the emer-gency repair or replacement of apipe located under Pad 1 adjacent toTaxiway J at Cleveland HopkinsInternational Airport in an amountnot to exceed $64,725.00, for theDepartment of Port Control.

Whereas, a pipe located under Pad1 adjacent to Taxiway J at Cleve-land Hopkins International Airportis in need of immediate repair orreplacement; and

Whereas, after canvassing con-tractors capable of performing thiswork, it has been determined thatAnthony Allega Inc. is capable ofperforming this work immediatelyat a cost not to exceed $64,725.00;and



Section 1. That this Council autho-rizes and approves a contract byand between the City of Cleveland

and Anthony Allega Inc. in a sumnot to exceed $64,725.00 for the emer-gency repair or replacement of apipe located under Pad 1 adjacent toTaxiway J at Cleveland HopkinsInternational Airport.

Section 2. That the cost of the con-tract authorized shall be paid fromFund No. 60 SF 001, Request No.146051.




Ord. No. 349-04.By Council Members Westbrook

and Jackson (by departmental re-quest).

An emergency ordinance to sup-plement Ordinance No. 1686-03,passed October 13, 2003, relating tolabor and materials necessary toreplace the terminal flooring atCleveland Hopkins InternationalAirport by adding new Section 3;and to renumber existing Section 3to new Section 4.



Section 1. That Ordinance No. 1686-03, passed October 13, 2003, is sup-plemented by adding new Section 3to read as follows:

Section 3. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments using state procedures. TheDirector of Port Control may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.

Section 2. That Section 3 of Ordi-nance No. 1686-03, passed October 13,2003, is renumbered to new “Section4”.





381

FIRST READING EMERGENCYRESOLUTIONS READ IN FULL

AND ADOPTED

Res. No. 350-04.By Council Members O’Malley,

Sweeney, Cimperman and Jackson(by departmental request).

An emergency resolution declar-ing it necessary to relay and repairsidewalks, driveway aprons andcurbs (including adjustments ofcastings and landscaping, if neces-sary) encroaching upon the publicright-of-way on West 41st Streetfrom Schiller Avenue to ArchmereAvenue.

Whereas, this resolution consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That it is necessaryand conducive to the public healthand welfare that West 41st Streetfrom Schiller Avenue to ArchmereAvenue be improved by relayingand repairing sidewalks, drivewayaprons, and curbs (includingadjustments of castings and land-scaping, if necessary) encroachingupon the public right-of-way or oth-erwise improving the right-of-wayin accordance with plans, specifi-cations and profiles, at the esti-mated cost of $144,524.34, preparedand placed in File No. 350-04-A, inthe Office of the Clerk of Council,and supplemented by the specifica-tions contained in Codified Ordi-nance Section 505.02 and division(a) of Codified Ordinance Section505.12, which are incorporated byreference, which plans, specifica-tions and profiles are approved.

Section 2. That fifty percent(50%) of the cost and expense ofthe improvement, and less theentire cost of intersections, as shallbe found to be a proper charge,shall be assessed on all lots andlands abutting on, and other spe-cially benefited property adjacentto West 41st Street from SchillerAvenue to Archmere Avenue, in pro-portion to the benefits which mayresult from the improvement, and itis determined that the lots andlands are specially benefited by theimprovements. The Director of Pub-lic Service has fixed five (5) yearsas the estimated life of the im-provements.

Section 3. That the entire amountsto be levied shall be paid in five (5)annual installments, with intereston deferred payments at the rate of4.23% per annum provided, however,that the owner of any propertyassessed may, at his option, pay theprincipal amount of the assessmentin cash within 40 days from andafter the passage of the assessingordinance.

Section 4. That the remainder ofthe cost of the improvement not spe-cially assessed, as provided, shall bepaid by the City of Cleveland out offunds made available to it by othersources and appropriated for suchpurpose.

Section 5. That the Commissionerof Assessments and Licenses isauthorized to prepare and file in the

Office of the Clerk of Council anestimated assessment under the pro-visions of this resolution showingthe amount of the assessmentagainst each lot or parcel of land tobe assessed. Such estimated as-sessments shall be based on the esti-mated cost of the improvementunder the plans, specifications (in-cluding the specifications incorpo-rated by reference under this Reso-lution) and profiles now on file inthe Office of the Clerk of Council.The estimated assessment shall befiled in the Office of the Clerk andkept available for public inspection.After filing the estimated assess-ments in the Office of Clerk ofCouncil, the Commissioner of As-sessments and Licenses is autho-rized and directed to cause notice ofpassage of this Resolution and ofthe filing of said estimated as-sessments to be served upon theowners of all lots and lands to beassessed in the manner provided bylaw.

Section 6. That this resolution isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Motion to suspend rules. Charterand statutory provisions and placeon final adoption.

The rules were suspended. Yeas19. Nays 0. Read second time. Readthird time in full. Adopted. Yeas 19.Nays 0.

Res. No. 351-04.By Council Members Westbrook,

Sweeney, Cimperman and Jackson(by departmental request).

An emergency resolution declar-ing it necessary to relay and repairsidewalks, driveway aprons andcurbs (including adjustments ofcastings and landscaping, if neces-sary) encroaching upon the publicright-of-way on West 88th Streetfrom Clark Avenue to Denison Ave-nue.



Section 1. That it is necessary andconducive to the public health andwelfare that West 88th Street fromClark Avenue to Denison Avenue beimproved by relaying and repairingsidewalks, driveway aprons, andcurbs (including adjustments ofcastings and landscaping, if neces-sary) encroaching upon the publicright-of-way or otherwise improvingthe right-of-way in accordance withplans, specifications and profiles, atthe estimated cost of $173,258.16, pre-pared and placed in File No. 351-04-A, in the Office of the Clerk ofCouncil, and supplemented by thespecifications contained in CodifiedOrdinance Section 505.02 and divi-sion (a) of Codified Ordinance Sec-tion 505.12, which are incorporated

by reference, which plans, specifi-cations and profiles are approved.

Section 2. That fifty percent(50%) of the cost and expense ofthe improvement, and less theentire cost of intersections, as shallbe found to be a proper charge,shall be assessed on all lots andlands abutting on, and other spe-cially benefited property adjacentto West 88th Street from Clark Ave-nue to Denison Avenue, in propor-tion to the benefits which mayresult from the improvement, and itis determined that the lots andlands are specially benefited by theimprovements. The Director of Pub-lic Service has fixed five (5) yearsas the estimated life of theimprovements.

Section 3. That the entire amountsto be levied shall be paid in five (5)annual installments, with intereston deferred payments at the rate of4.23% per annum provided, however,that the owner of any propertyassessed may, at his option, pay theprincipal amount of the assessmentin cash within 40 days from andafter the passage of the assessingordinance.

Section 4. That the remainder ofthe cost of the improvement not spe-cially assessed, as provided, shall bepaid by the City of Cleveland out offunds made available to it by othersources and appropriated for suchpurpose.

Section 5. That the Commissionerof Assessments and Licenses isauthorized to prepare and file in theOffice of the Clerk of Council anestimated assessment under the pro-visions of this resolution showingthe amount of the assessmentagainst each lot or parcel of land tobe assessed. Such estimated as-sessments shall be based on the esti-mated cost of the improvementunder the plans, specifications (in-cluding the specifications incorpo-rated by reference under this Reso-lution) and profiles now on file inthe Office of the Clerk of Council.The estimated assessment shall befiled in the Office of the Clerk andkept available for public inspection.After filing the estimated assess-ments in the Office of Clerk ofCouncil, the Commissioner of As-sessments and Licenses is autho-rized and directed to cause notice ofpassage of this Resolution and ofthe filing of said estimated as-sessments to be served upon theowners of all lots and lands to beassessed in the manner provided bylaw.

Section 6. That this resolution isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.




382

Res. No. 355-04.By Council Member Jackson.An emergency resolution declar-

ing Cleveland City Council’s supportof the proposal of the PhyllisWheatley Association to the OhioHousing Finance Agency for the useof Housing Development AssistanceProgram funds to develop affordablefor-sale housing units in the city ofCleveland by rehabilitating Emeri-tus House.

Whereas, each year the OhioHousing Finance Agency allocatesfunding for affordable housing de-velopments throughout Ohio using acompetitive proposal process; and

Whereas, the Council of the cityof Cleveland has recognized theneed to maintain affordable housingin Cleveland’s neighborhoods; and

Whereas, the Phyllis WheatleyAssociation is proposing to rehabil-itate the real property known asEmeritus House, an existing his-toric, FHA insured Section 8 com-plex located at 4450 Cedar Avenuein the City of Cleveland; and

Whereas, the Phyllis WheatleyAssociation is proposing to developup to fifty-six (56) units in theEmeritus House; and

Whereas, one hundred percent(100%) of these units will be afford-able to and occupied by familiesearning sixty percent (60%) or lessof the area median gross income; and

Whereas, the proposed develop-ment meets the special needs cate-gory for the elderly with a one hun-dred percent (100%) set aside forthe elderly; and

Whereas, the property will main-tain its Section 8 subsidy; and

Whereas, the Emeritus House pro-ject, proposed by the Phyllis Wheat-ley Association, will benefit the cit-izens of the City; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health, or safety,now, therefore,


Section 1. That the Council of thecity of Cleveland supports the pro-posal of the Phyllis Wheatley Asso-ciation to provide affordable hous-ing for the citizens of Clevelandthrough the use of funding from theHousing Development AssistanceProgram of the Ohio HousingFinance Agency by rehabilitatingthe Emeritus House.

Section 2. That the Clerk of Coun-cil is hereby requested to transmita copy of this resolution to theExecutive Director of the PhyllisWheatley Association.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.



Res. No. 356-04.By Council Member Jones.An emergency resolution encour-

aging the Administration to estab-lish a cost recovery system thatenables the City of Cleveland to billmotor vehicle insurance companiesfor costs associated with the Divi-sion of Fire responding to motorvehicle collisions and incidents.

Whereas, national statistics showthat forty percent (40%) of motorvehicle accidents are caused by non-resident drivers; and

Whereas, the costs associatedwith responding to these motor vehi-cle accidents are placed upon thetaxpayers of the City of Cleveland;and

Whereas, with increased responseto motor vehicle accidents comesincreased demands on all opera-tional areas of the Division of Fire;and

Whereas, municipalities in Ohioare able to acquire costs associatedwith emergency runs by the Divi-sion of Fire; and

Whereas, the establishment of aprogram enabling the City of Cleve-land to bill motor vehicle insurancecompanies for costs associated withthe Division of Fire’s response tomotor vehicle collision and incidentswill reduce the burden placed uponthe City’s taxpayers; and



Section 1. That this Councilencourages the Administration toestablish a cost recovery systemthat enables the City of Clevelandto bill motor vehicle insurance com-panies for costs associated with theDivision of Fire responding to motorvehicle collisions and incidents.




Res. No. 357-04.By Council Members O’Malley,

Jackson, Brady, Britt, Cimperman,Cintron, Coats, Conwell, Dolan, Gor-don, Johnson, Jones, Lewis, PierceScott, Polensek, Reed, Rybka,Sweeney, Westbrook, White andZone.

An emergency resolution request-ing that the Ohio Civil Rights Com-mission allocate time during Hous-ing Advocates reconsideration hear-ing in a fair and equitable manner;requesting that the Ohio CivilRights Commission grant the Hous-ing Advocates request for reconsid-eration; requesting that the OhioCivil Rights Commission, upon a

probable cause determination, im-mediately refer the seven charges ofdiscrimination for conciliation asrequired by state law; and recon-vening Council’s special committeeon Insurance Discrimination.

Whereas, Federal and Ohio lawprohibits discrimination in the saleof fire, extended coverage or home-owners insurance because of race,color, religion, sex, familial status,ancestry, handicap, or national ori-gin or because of the racial compo-sition of the neighborhood in whichhousing accommodations are locat-ed; and

Whereas, Section 665.03(e) of theCodified Ordinances of the City ofCleveland, Ohio, 1976, prohibits dis-crimination against any person inthe provision of property and casu-alty insurance; and

Whereas, it has been brought tothe attention of members of Cleve-land City Council that insurancecompanies require residents of theCity of Cleveland to pay higher pre-miums for property and casualtyinsurance than residents of sur-rounding communities are requiredto pay; and

Whereas, such premiums are, inmany instances, significantly high-er; and

Whereas, the City of Cleveland isa diverse City with a greater num-ber of persons of color compared tothe remainder of Cuyahoga County;and

Whereas, the practice of requiringhigher insurance premiums for Cityof Cleveland residents has a dis-criminatory impact on City of Cleve-land residents; and

Whereas, The Housing Advocates,Inc. (“Housing Advocates”), hasundertaken an investigation and didseveral studies to review base ratepremiums and geographical territor-ial rating zones for the City ofCleveland and the remainder ofCuyahoga County; and

Whereas, this investigation hasshown that City of Cleveland resi-dents pay more for homeownersinsurance than residents living insurrounding cities and this has aracial and ethnic disparate impacton City of Cleveland residents; and

Whereas, Housing Advocates hasfiled a total of twenty-eight chargesof housing discrimination againsttwenty-eight insurance companiesbased on its investigation with theOhio Civil Rights Commission; and

Whereas, the Ohio Civil RightsCommission completed its investiga-tion of the first seven (7) chargesand found that there is no probablecause to believe that discriminationoccurred; and

Whereas, it appears the investi-gation failed to request certain doc-uments from the respondents whichmay have an impact on the outcomeof the investigation; and

Whereas, it appears that theCommission’s investigation failed toaddress Housing Advocates sugges-tion for a less restrictive alternativemethods to avoid or at least reducethe imposition of much higher pre-miums on our residents; and

Whereas, it appears that HousingAdvocates have made a case for dis-parate impact by the insurance com-panies in the pricing of insuranceproducts in the City of Cleveland


383

versus the remainder of CuyahogaCounty; and

Whereas, in a written request tothe Ohio Civil Rights Commissionfor an oral hearing to reconsider theno probable cause determination,Housing Advocates requested a totalof thirty-five minutes or five min-utes per charge to outline theunique factual circumstances ofeach charge; and

Whereas, the Ohio Civil RightsCommission notified Housing Advo-cates that they will be providedwith a total of fifteen minutes topresent their request for reconsider-ation on all seven (7) charges; and

Whereas, the Ohio Civil RightsCommission is providing the insur-ance industry with ten minutes oftime to respond to each of the seven(7) charges; and

Whereas, the Ohio Civil RightsCommission’s allocation of time atthe oral hearing scheduled forMarch 11, 2004 is unbalanced andappears to be biased in favor of theinsurance companies as HousingAdvocates is provided with approxi-mately two minutes per charge tooutline the reasons probable causeof discrimination exists and theinsurance industry is provided withten minutes per charge to rebut anyclaim of Housing Advocates; and

Whereas, this Council is con-cerned about equity and fairness inappeals before the Ohio Civil RightsCommission; and

Whereas, the Ohio Civil RightsCommission is mandated by Statelaw to carry out and enforce the fairhousing laws of the State of Ohio;and

Whereas, members of ClevelandCity Council, after being providedinformation about the scope andfindings of the Commission investi-gation, urge the Ohio Civil RightsCommission members to overturnthe initial determination and findthat there is probable cause tobelieve that discrimination occurredregarding these first seven chargesfiled by Housing Advocates.; and

Whereas, this resolution consti-tutes and emergency measure forthe immediate preservation of pub-lic peace, property, health or safety,now, therefore,


Section 1. That this Council here-by requests that the Ohio CivilRights Commission allocate timeduring Housing Advocates reconsid-eration hearing in a fair and equi-table manner.

Section 2. That this Council here-by requests that the Ohio CivilRights Commission carefully reviewthe brief and exhibits submitted bythe Housing Advocates and grantthe Housing Advocates’ request forreconsideration.

Section 3. That, if this request forreconsideration is granted, thisCouncil requests that the Ohio CivilRights Commission immediatelyrefer the seven charges of discrimi-nation for conciliation in an attemptto resolve the charges, as mandatedby State law.

Section 4. That this Council here-by reconvenes its special commit-tee on Insurance Discrimination,chaired by Councilman O’Malley, toclosely monitor the conciliation

process and the investigation of theremaining twenty-one charges ofdiscrimination filed by the HousingAdvocates with the Ohio CivilRights Commission.

Section 5. That the Clerk of Coun-cil is hereby directed to transmit acopy of this resolution to Ohio Gov-ernor Bob Taft, Pastor Aaron Wheel-er Sr., Chairperson and Commission-er, Ohio Civil Rights Commission;Jeanine P. Donaldson, Com-missioner, Ohio Civil Rights Com-mission; Altagracia Ramos, Commis-sioner, Ohio Civil Rights Commis-sion; Nirmal K. Sinha, Commission-er, Ohio Civil Rights Commission;Charles Winburn, Commissioner,Ohio Civil Rights Commission; G.Michael Peyton, Executive Director,Ohio Civil Rights Commission; andJim Petro, Attorney General, Stateof Ohio.




Res. No. 358-04.By Council Members Zone, West-

brook and Jones.An emergency resolution opposing

House Bill 218, which revises thedeclaration of the boundaries of theland and waters of Lake Erie thatare within the Public Trust andspecifies by definition that littoralowners have increased rights of sub-merged lands and waters frontingtheir land.

Whereas, state representativesrecently introduced House Bill 218,which would weaken the authorityof the State and local government tomanage the Lake Erie shoreline inthe public interest by removing theauthority of both the State and localgovernment to authorize andapprove projects; and

Whereas, the bill would limit theState’s ability to adequately protectvulnerable coastal areas by remov-ing the states authority to manageand protect coastal erosion; and

Whereas, the bill would redefinethe littoral rights to allow con-struction of private structures belowthe “natural low watermark”; and

Whereas, the bill would cede titleto hundreds of acres of land that itholds in trust for the people of Ohio,placing the individual propertyrights of 15,000 private propertyowners above the common interestsof the 11 million citizens of Ohio;and

Whereas, the State of Ohio wouldbe the only Great Lake State to notrecognize the average high watermark as the boundary separatingpublic property and private proper-ty; and

Whereas, the bill would severelylimit the State’s stewardship of the

Lake Erie shore on behalf of thepublic trust; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health or safety,now, therefore,


Section 1. That this Council here-by opposes House Bill 218 whichrevises the declaration of the bound-aries of the land and waters of LakeErie that are within the PublicTrust and specifies by definitionthat littoral owners have increasedrights of submerged lands andwaters fronting their land.

Section 2. That the Clerk of Coun-cil is hereby directed to transmitcopies of this resolution to theappropriate members of the OhioSenate Energy, Natural Resourcesand Environmental Committees andthose members of the Ohio GeneralAssembly representing residents ofCuyahoga County.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.



Res. No. 359-04.By Council Member Brady.An emergency resolution object-

ing to the transfer of ownership ofa D1, D2, D3, D3A and D6 LiquorPermit to 10510-12 Madison Avenue,1st Floor and Basement.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for thetransfer of ownership of a D1, D2,D3, D3A and D6 Liquor Permit from16800 Lorain Avenue, Inc., Sol Tush-man Receiver, 10510-12 Madison Ave-nue, 1st Floor and Basement, Cleve-land, Ohio 44102, Permanent Number8202608 to WB Holdings, Inc., 10510-12 Madison Avenue, 1st Floor andBasement, Cleveland, Ohio 44102,Permanent Number 9279409; and

Whereas, the granting of thisapplication for a liquor permit tothis high crime area, which isalready saturated with other liquoroutlets, is contrary to the best inter-ests of the entire community; and

Whereas, the applicant does notqualify to be a permit holder and/orhas demonstrated that he has oper-ated his liquor business in disregardof the laws, regulations or localordinances of this state or any otherstate; and

Whereas, the place for which thepermit is sought has not conformedto the building, safety or healthrequirements of the governing bodyof this County or City; and

Whereas, the place for which thepermit is sought is so arranged orconstructed that law enforcementofficers or agents of the Department


384

of Liquor Control are prevented rea-sonable access to the establishment;and

Whereas, the place for which thepermit is sought is so located withrespect to the neighborhood that itsubstantially interferes with publicdecency, sobriety, peace or goodorder; and

Whereas, this objection is basedon other legal grounds as set forthin Revised Code Section 4303.292;and

Whereas, this resolution consti-tutes an emergency measure provid-ing for the immediate preservationof the public peace, prosperity, safe-ty and welfare pursuant to Section4303.26 of the Ohio Revised Code.Council’s objection to said permitmust be received by the Director ofLiquor Control within 30 days ofnotification; now, therefore,


Section 1. That Council does here-by record its objection to the trans-fer of ownership of a D1, D2, D3,D3A and D6 Liquor Permit from16800 Lorain Avenue, Inc., Sol Tush-man Receiver, 10510-12 MadisonAvenue, 1st Floor and Basement,Cleveland, Ohio 44102, PermanentNumber 8202608 to WB Holdings,Inc., 10510-12 Madison Avenue, 1stFloor and Basement, Cleveland, Ohio44102, Permanent Number 9279409;and requests the Director of LiquorControl to set a hearing for saidapplication in accordance with pro-visions of Section 4303.26 of theRevised Code of Ohio.

Section 2. That the Clerk of Coun-cil be and she is hereby directed totransmit two certified copies of thisresolution, together with two copiesof a letter of objection and twocopies of a letter requesting that thehearing be held in Cleveland, Cuya-hoga County.




Res. No. 360-04.By Council Member Coats.An emergency resolution with-

drawing objection to the transfer ofownership of a C2 and C2X LiquorPermit at 1010 East 152nd Street andrepealing Resolution No. 2444-03,objecting to said transfer.

Whereas, this Council objected tothe transfer of ownership of a C2and C2X Liquor Permit to 1010 East152nd Street by Resolution No. 2444-03 adopted by the Council on Decem-ber 15, 2003; and

Whereas, this Council wishes towithdraw its objection to the abovetransfer and consents to said trans-fer based upon and pursuant to acooperation agreement by andthrough City Council Representa-tive, Roosevelt Coats and Applicant,Basharat Hussain, President of WW152, Inc., DBA Five Points Family

Foods, 1010 East 152nd Street, Cleve-land, Ohio 44110, Permanent Number9324250, a copy of which is in thefile for this address with the CityLaw Department; and



Section 1. That objection to thetransfer of ownership of a C2 andC2X Liquor Permit to 1010 East152nd Street be and the same ishereby withdrawn and ResolutionNo. 2444-03, containing such objec-tion, be and the same is herebyrepealed and that this Council con-sents to the immediate transferthereof.

Section 2. That this resolution ishereby declared to be an emergencymeasure and provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.



Res. No. 361-04.By Council Member Conwell.An emergency resolution object-

ing to a New C2 Liquor Permit at11625 Superior Avenue

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for a NewC2 Liquor Permit at Superior DriveThru, Inc., 11625 Superior Avenue,Cleveland, Ohio 44106, PermanentNumber 8699981; and




Whereas, the place for which thepermit is sought is so arranged orconstructed that law enforcementofficers or agents of the Departmentof Liquor Control are prevented rea-sonable access to the establishment;and



Whereas, this resolution consti-tutes an emergency measure provid-ing for the immediate preservationof the public peace, prosperity, safe-

ty and welfare pursuant to Section4303.26 of the Ohio Revised Code.Council’s objection to said permitmust be received by the Director ofLiquor Control within 30 days ofnotification; now, therefore,


Section 1. That Council does here-by record its objection to a New C2Liquor Permit at Superi Drive Thru,Inc., 11625 Superior Avenue, Cleve-land, Ohio 44106, Permanent Number8699981, and requests the Director ofLiquor Control to set a hearing forsaid application in accordance withprovisions of Section 4303.26 of theRevised Code of Ohio.





SECOND READING EMERGENCYORDINANCES PASSED

Ord. No. 1805-03.By Council Members Sweeney,


An emergency ordinance to amendSection 680.03 of the Codified Ordi-nances of Cleveland, Ohio, 1976, asamended by Ordinance No. 2393-03,passed February 3, 2003, relating tonotice of location; permit applica-tion, insurance, renewal, fee ofnewspaper dispensing devices.

Approved by Directors of PublicService, Finance, Law; Relieved ofCommittee on Legislation; Passagerecommended by Committees onPublic Service, Finance; whenamended as follows:

1. In the title, line 4, in Section 1,line 2, and in Section 2, line 2, strike“2393-03” and insert “2393-02”.

Amendment agreed to.The rules were suspended. Yeas

19. Nays 0. Read second time. Readthird time in full. Passed. Yeas 19.Nays 0.

In compliance with Section 33 ofthe Charter, a copy of the legisla-tion was furnished to each memberof Council before final passage.

Ord. No. 254-04.By Council Members Coats and


ing the Director of Public Utilitiesto enter into contract or amend anexisting contract to conduct forensicinvestigations of various materialsupply contacts and related auditingservices.

Approved by Directors of PublicUtilities, Finance, Law; Passage rec-ommended by Committees on PublicUtilities, Finance.


385


SECOND READINGORDINANCES PASSED

Ord. No. 2407-03.By Council Member Coats.An ordinance to change the zoning

of properties south of the Norfolk andWestern Rail Right of Way betweenOctavia Road and Clarkstone Roadfrom a General Industry Use District,a Semi-Industry Use District, and aMulti-Family Residential Use Districtto a Residence-Industry Use District,and from a “3” Height District to a“2” Height District (Map Change No.2103, Sheet No. 7)

Approved by Directors of CityPlanning Commission, Law; Passagerecommended by Committee on CityPlanning.


Ord. No. 2457-03.By Council Member Reed.An ordinance to change the zon-

ing of properties along Union Ave-nue from East 116th to East 127thStreets (Map Change No. 2098, SheetNo. 10) from a General Retail Busi-ness Use District to a Two-FamilyResidential Use District and from a“C” Area District to a “B” Area Dis-trict and to change the zoning ofproperties on the Southeast cornerof Union Avenue and East 124thStreet (Map Change No. 2105, SheetNo. 10) from a General Retail Busi-ness Use District to a Local RetailBusiness Use District.




ing of properties along KinsmanRoad from East 117th to East 123rdStreets (Map Change No. 2099, SheetNo. 10) and along Kinsman betweenEast 125th and East 126th Streets(Map Change No. 2104, Sheet No. 10)from Local Retail Business Use Dis-tricts to Two-Family ResidentialUse Districts and from “C” Area to“B” Area Districts.




ing of properties north of KinsmanRoad from East 152nd Street to East153rd Street from a Local RetailBusiness Use District to an RA-2Townhouse Use District (MapChange No. 2109, Sheet No. 10).




ing of properties north of KinsmanRoad between East 132nd and East134th Streets from a Local RetailBusiness Use District and a Two-Family Residential Use District to aMulti-Family Use District; from a“B” Area District to a “C” Area Dis-trict; and from a “2” Height Districtto a “1” Height District (MapChange No. 2106, Sheet No. 10).




ing of properties along KinsmanRoad and Union Avenue from East130th Street to East 139th Streetfrom a Local Retail Business UseDistrict, General Retail BusinessUse District, and Semi-Industry UseDistrict to a Residence-Office UseDistrict; from a “C” Area District toa “B” Area District; and from a “2”Height District to a “1” Height Dis-trict (Map Change No. 2108, SheetNo. 10).




Johnson.An ordinance to change the zon-

ing of properties along KinsmanRoad between East 137th and East146th Streets from a General RetailBusiness Use District to a LocalRetail Business Use District andfrom a “2” Height District to a “1”Height District (Map Change No.2107, Sheet No. 10).



MOTION

By Council Member Britt secondedby Council Member Zone and unan-imously carried that the absence ofCouncil Members Zachary Reed andJoe Cimperman, be and is herebyauthorized.

JOURNAL CORRECTION

The Journal of February 25, 2004(City Record Volume 91, Page 271)is hereby corrected to reflect theadoption of Resolution No. 261-04, byinserting the following:

Res. No. 261-04.By Council Member Zone.An emergency resolution declar-

ing Cleveland City Council’s supportof the proposal of Detroit ShorewayCommunity Development Organiza-tion to provide affordable housingthrough the use of housing tax cred-its from the Ohio Housing FinanceAgency.

Whereas, each year the OhioHousing Finance Agency allocateshousing credits for affordable hous-ing developments throughout Ohiousing a competitive proposal pro-cess; and

Whereas, Detroit Shoreway Com-munity Development Organization isproposing to form a partnership todevelop up to eighty-five (85) hous-ing units near the intersection ofWest 65th Street and Detroit Avenuein Cleveland, Ohio; and

Whereas, one hundred percent(100%) of these housing units willbe affordable to families withincomes at or below sixty percent(60%) of the area median incomeand no housing units will be mar-ket rate; and

Whereas, twenty percent (20%) ofthese housing units will serve a spe-cial needs population, namely:households whose annual income isat or below thirty-five percent(35%) of the area median income;and

Whereas, this Council of the Cityof Cleveland supports the proposalto develop this affordable housingfor the benefit of the citizens ofCleveland; and



Section 1. That the Council of theCity of Cleveland supports the pro-posal of Detroit Shoreway Commu-nity Development Organization toprovide affordable housing for thecitizens of Cleveland through theuse of housing tax credits from theOhio Housing Finance Agency.

Section 2. That the Clerk of Coun-cil is hereby requested to transmita copy of this resolution to theExecutive Director of the DetroitShoreway Community DevelopmentOrganization.




MOTION

The Council Meeting adjourned at7:50 a.m. to meet on Monday, March15, 2004 at 7:00 p.m. in the CouncilChambers.


386

Clerk of Council

THE CALENDAR________________

The following measures will be on their final passage at the next meeting:

NONE

The following measure will be on its final passage on March 22, 2004:

Ord. No. 115-04.

By Council Member Jackson (by departmental request).

An emergency ordinance to provide for the current expenses for the City of Cleveland for the fiscal year ending

December 31, 2004.

Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal

department; now, therefore,


Section 1. That to provide for the current expenses for the City of Cleveland for the fiscal year ending Decem-

ber 31, 2004, the following sums be and they are hereby appropriated viz:

The sum of Four Hundred Sixty Seven Million One Hundred Forty Four Thousand Six Hundred Forty Six Dol-

lars ($467,144,646) from the General Fund;

The sum of Fifty Seven Million Forty Three Thousand Nine Hundred Seventy Two Dollars ($57,043,972) from

the Special Revenue Funds;

The sum of Twenty Two Million Five Hundred Fifty Seven Thousand Five Hundred Thirty Six Dollars

($22,557,536) from the Internal Service Funds;

The sum of Five Hundred Ninety Two Million Four Hundred Eighty Three Thousand Five Hundred Sixty Five

Dollars ($592,483,565) from the Enterprise Funds;

The sum of Eight Million Eight Hundred Seventy Seven Thousand Eight Hundred Five Dollars ($8,877,805) from

the Trust and Agency Funds;

The sum of Fifty Four Million Four Hundred Nine Thousand Twenty Three Dollars ($54,409,023) from the Debt

Service Fund;

All set forth in the Mayor's Estimate on file with Council and identified as File No. 115-04-A in the aggregate

amount for each department as follows:

APPROPRIATION FOR THE YEAR 2004

GENERAL FUND

Legislative Branch $ 5,579,211

Municipal Court $ 32,235,349

Executive Branch

Office of the Mayor 2,207,783

Department of Public Safety 268,224,122

Community Relations Board 913,344

Department of Consumer Affairs 315,424

Department of Public Service 34,338,359

Department of Parks, Recreation & Properties 35,269,173

Urban Planning & Development 16,837,878

Department of Public Health 11,785,690

Department of Aging 423,592

Support Functions 37,330,563

Transfers to Other Funds 21,684,158

———————TOTAL EXECUTIVE BRANCH $ 429,330,086

——————————————TOTAL GENERAL FUND $ 467,144,646

——————————————

Special Revenue Funds $ 57,043,972

Internal Service Funds 22,557,536

Enterprise Funds 592,483,565

Trust and Agency Funds 8,877,805

Debt Service Funds 54,409,023

———————

TOTAL APPROPRIATIONS FOR 2004 $1,202,516,547——————————————

GENERAL GOVERNMENT

LEGISLATIVE BRANCH

Council and Clerk of Council $5,579,211

I. Personnel and Related Expenses $4,300,309

II. Other Expenses 1,278,902

——————

TOTAL LEGISLATIVE BRANCH $5,579,211————————————


387

MUNICIPAL COURT

Municipal Court - Judicial Division $19,594,694



Municipal Court - Housing Division $2,785,396


II. Other Expenses 134,312

Municipal Court - Clerk’s Division $9,855,259



——————

TOTAL MUNICIPAL COURT $32,235,349————————————

EXECUTIVE BRANCH

Office of the Mayor $2,207,783



——————

TOTAL EXECUTIVE BRANCH $2,207,783————————————

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration $2,923,448



Division of Police $168,151,166



Division of Fire $76,129,643



Division of Emergency Medical Services $20,161,824



Division of Dog Pound $858,041

I. Personnel and Related Expenses $729,953


——————

TOTAL DEPARTMENT OF PUBLIC SAFETY $268,224,122————————————

COMMUNITY RELATIONS BOARD

Community Relations Board $913,344



——————

TOTAL COMMUNITY RELATIONS BOARD $913,344————————————

DEPARTMENT OF CONSUMER AFFAIRS

Consumer Affairs $315,424



——————

TOTAL DEPARTMENT OF CONSUMER AFFAIRS $315,424————————————


388

DEPARTMENT OF PUBLIC SERVICE

Public Service Administration $517,582



Division of Architecture $680,858



Division of Waste Collection and Disposal $24,769,957



Division of Engineering and Construction $4,828,989



Division of Traffic Engineering $3,540,973



——————

TOTAL DEPARTMENT OF PUBLIC SERVICE $34,338,359————————————

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Parks, Recreation, and Properties Administration $721,314



Division of Research, Planning, and Development $721,830



Division of Recreation $11,575,795



Division of Parking Facilities-On Street $1,118,106



Division of Property Management $8,138,755



Division of Park Maintenance and Properties $12,993,373



——————

TOTAL PARKS, RECREATION, AND PROPERTIES $35,269,173————————————

URBAN PLANNING AND DEVELOPMENT

DEPARTMENT OF COMMUNITY DEVELOPMENT

Division of Administrative Services $802,383




389

Director’s Office $239,647


Division of Neighborhood Development $862,226



Division of Neighborhood Services $420,783


——————

TOTAL COMMUNITY DEVELOPMENT $2,325,039————————————

DEPARTMENT OF BUILDING AND HOUSING

Building and Housing Dir. Office $2,098,165



Division of Code Enforcement $6,714,495



Division of Construction Permit $1,619,430



——————

TOTAL BUILDING AND HOUSING $10,432,090————————————

REGULATORY BOARDS AND COMMISSIONS

Landmarks Commission $169,605



Board of Building Standards and Appeals $106,103



Board of Zoning Appeals $284,870



——————

Total Regulatory Boards $560,578————————————

DEPARTMENT OF ECONOMIC DEVELOPMENT

Economic Development $1,127,280



——————

Total Department of Economic Development $1,127,280

————————————

Office of Equal Opportunity $900,962



City Planning Commission $1,491,929



——————

TOTAL URBAN PLANNING AND DEVELOPMENT $16,837,878————————————


390

DEPARTMENT OF PUBLIC HEALTH

Public Health Administration $733,141



Division of Correction $6,256,540



Division of Health $3,241,738



Division of Environment $1,124,740



Division of Air Quality $429,531



——————

TOTAL DEPARTMENT OF PUBLIC HEALTH $11,785,690————————————

DEPARTMENT OF AGING

DEPARTMENT OF AGING $423,592



——————

TOTAL DEPARTMENT OF AGING $423,592————————————

SUPPORT FUNCTIONS

FINANCIAL AND LEGAL ADMINISTRATION

DEPARTMENT OF FINANCE

Finance Administration $705,082



Division of Accounts $1,394,846



Division of Assessments and Licenses $1,430,409



Division of Treasury $510,568



Division of Purchases and Supplies $606,843



Bureau of Internal Audit $652,917



Division of Financial Reporting and Control $1,323,843



Information Technology and Services $2,851,013




391

Information Tech & Planning $221,740


II. Other Expenses 250

——————

TOTAL DEPARTMENT OF FINANCE $9,697,261————————————

Office of Budget & Management-Budget Admin. $586,329



Department Law $7,684,436



——————

TOTAL FINANCE AND LEGAL ADMINISTRATION $17,968,026————————————

PERSONNEL ADMINISTRATION

Office of Personnel $1,530,612



Civil Service Commission $757,940



——————

TOTAL PERSONNEL ADMINISTRATION $2,288,552————————————

NONDEPARTMENTAL

County Auditor Deductions $1,043,000

II. Other Expenses $1,043,000

Other Administrative $16,030,985


——————

TOTAL NONDEPARTMENTAL $17,073,985————————————

TOTAL SUPPORT FUNCTIONS $37,330,563————————————

Transfers To Other Funds $21,684,158


——————

TOTAL GENERAL FUND $467,144,646————————————

SPECIAL REVENUE FUND

Restricted Income Tax Fund $32,760,472

I. Capital $12,760,472

II. Debt Service 20,000,000

Street Construction, Maintenance & Repair Fund $22,283,500



Schools Recreation & Cultural Activities Fund $2,000,000


——————

TOTAL SPECIAL REVENUE FUNDS $57,043,972————————————


392

INTERNAL SERVICE FUND

Information Technology and Services-Telephone Exchange $5,838,110



Division of Motor Vehicle Maintenance $14,179,193



Division of Printing and Reproduction $1,609,360



City Storeroom and Central Warehouse $930,873



——————

TOTAL INTERNAL SERVICE FUNDS $22,557,536————————————

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $1,663,996



Radio $2,359,923



Division of Fiscal Control $2,936,558



Division of Water $241,542,714



Division of Water Pollution Control $24,686,971



Division of Cleveland Public Power $149,799,768



——————

TOTAL DEPARTMENT OF PUBLIC UTILITIES $422,989,930————————————

DEPARTMENT OF PORT CONTROL

Airports - Operations $138,464,634



——————

TOTAL DEPARTMENT OF PORT CONTROL $138,464,634————————————

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Division of Cemeteries $1,969,710



Golf Course Fund $2,398,416




393

Division of Parking Facilities-Off Street Parking $8,578,487



Division of Convention Center $6,400,000



Division of Convention Center & Stadium-West Side Market 1,104,611



Division of Convention Center & Stadium-Stadium $10,500,000


Division of Property Management - East Side Market $77,777



——————

TOTAL PARKS, RECREATION, & PROPERTIES $31,029,001————————————

——————

TOTAL ENTERPRISE FUNDS $592,483,565————————————

AGENCY FUND

Central Collection Agency $8,877,805



——————

TOTAL AGENCY FUND $8,877,805————————————

DEBT SERVICE FUND

Sinking Fund Commission $54,409,023



III. Debt Service 53,854,626

——————

TOTAL DEBT SERVICE FUNDS $54,409,023————————————

Section 2. That the appropriations herein made are based upon the detail of expenditures set forth in the Mayor’s

Estimate File No. 115-04-A, but are appropriated to the several departments, offices, and purposes in the aggre-

gate for I. - Personnel and Related Expenses; and II. - Other Expenses and are not severally and individually

appropriated in said detail. Any unencumbered balance in an appropriation fund at the close of the year 2003 is

hereby appropriated to such fund for the payment of unpaid obligations lawfully incurred in 2004 or prior years.

The Mayor’s Estimate File No. 115-04-A as modified by the schedule published pursuant to Section 39 of the Char-

ter shall within the sums appropriated in Section 1 hereof, constitute the expenditure budget for the year 2004

and shall be subject to the control of the Mayor, provided, however, that no transfer from I. - Personnel and

Related Expenses, or II. - Other Expenses within any department or office, or from one department or office to

another shall be made except as provided in Section 41 of the Charter.

Section 3. That the Commissioner of Accounts is hereby authorized to draw warrants upon the City Treasury

for the amount appropriated in this ordinance, whenever claims are presented properly approved by the head of

the department or by the chief of a commission for which indebtedness was incurred.

Section 4. That this ordinance is hereby declared to be an emergency measure and, provided it receives the

affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force upon its

passage and approval by the Mayor; otherwise it shall take effect and be in force at the earliest period allowed

by law.


394

BOARD OF CONTROL

March 3, 2004

The regular meeting of the Boardof Control convened in the Mayor’soffice on Wednesday, March 3, 2004,at 10:30 a.m. with Acting MayorChandra presiding.

Present: Acting Mayor and Direc-tor Chandra, Directors Baker, Koni-cek, Mok, Ricchiuto, Carroll, ActingDirector Pettus, Directors Ronayne,Hudecek, Routen, Sims and Wil-liams.

Absent: Directors Fumich andTaylor.

Others: Myrna Branche, Commis-sioner, Purchases and Supplies.

Donna Felder, Director, Office ofEqual Opportunity.

On motions, the following resolu-tions were adopted, except as maybe otherwise noted:

Resolution No. 88-04.By Director Konicek.Whereas, pursuant to the authori-

ty of Ordinance No. 1955-01, passedby the Council of the City of Cleve-land on April 15, 2002 and Board ofControl Resolution No. 761-02 adopt-ed November 20, 2002, the Cityentered into City Contract No. 60642with G.R. Osterland Company, forlabor and materials necessary toinstall underground duct line, street-lighting bases and pull boxes forthe Division of Cleveland PublicPower, Department of Public Utili-ties; and

Whereas, by its February 10, 2004letter The Shelly Co. has notifiedthe City that it has acquired theG.R. Osterland Co. and proposes tocomplete all obligations of G.R.Osterland Co. under Contract No.60642 and requests the City’s con-sent to assignment of the contractto The Shelly Co.; now therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatpursuant to The Shelly Co. letter ofFebruary 10, 2004, this Board here-by acknowledges The Shelly Co.acquisition of G.R. Osterland Co.and consents to the assignment ofContract No. 60642 from G.R. Oster-land Co. to The Shelly Co.

Be it further resolved that theDirector of Public Utilities is here-by authorized to execute any docu-ments necessary to effect and rec-ognize such acquisition and the con-sent to assignment of Contract No.60642 to The Shelly Co.

Yeas: Acting Mayor and DirectorChandra, Directors Baker, Konicek,Mok, Ricchiuto, Carroll, ActingDirector Pettus, Directors Ronayne,Hudecek, Routen, Sims and Wil-liams.

Nays: None.Absent: Directors Fumich and

Taylor.

Resolution No. 89-04.By Director Konicek.Whereas, pursuant to the authori-

ty of Ordinance No. 1071-93, passedby the Council of the City of Cleve-land on June 7, 1993, Board of Con-trol Resolution No. 678-03, adoptedNovember 5, 2003, affirmed and ap-proved Industrial Construction Co.,Inc. as the lowest responsible bidderfor the public improvement of con-

structing the System Expansion Pro-gram Ridge Road Substation andTransmission Line for the Divisionof Cleveland Public Power, Depart-ment of Public Utilities; and

Whereas, Industrial ConstructionCo., Inc. failed to fulfill the promis-es made in its bid to furnish a satis-factory performance bond withinfive (5) days after notice of anaward of contract; and

Whereas, Wagner-Smith Co. wasthe next lowest responsible bidderfor said improvement; now, there-fore,

Be it resolved by the Board ofControl of the City of Cleveland thatIndustrial Construction Co., Inc.which this Board affirmed andapproved by Resolution No. 678-03,adopted November 5, 2003, as thelowest responsible bidder for thepublic improvement of constructingthe System Expansion ProgramRidge Road Substation and Trans-mission Line is declared to be indefault of its bid promises as aresult of which its bid bond shall beforfeited to the City as the agreedamount of liquidated damages.

Be it further resolved that in lightof the default of Industrial Con-struction Co., Inc. set forth above,the bid of Wagner-Smith Co. for thepublic improvement of constructingthe System Expansion ProgramRidge Road Substation and Trans-mission Line for the Division ofCleveland Public Power, Departmentof Public Utilities, received on Sep-tember 4, 2003, pursuant to theauthority of Ordinance No. 1071-93,passed June 7, 1993 upon a grossprice for the improvement in theaggregate amount of Five MillionSix Hundred Seventy-Eight Thou-sand Two Hundred and no/100 Dol-lars ($5,678,200.00), is affirmed andapproved as the lowest responsiblebid; and the Director of Public Util-ities is authorized to enter into acontract for said improvement withsaid bidder.

Be it further resolved by theBoard of Control of the City ofCleveland that the employment ofthe following subcontractors byWagner-Smith Co. for constructingof the System Expansion ProgramRidge Road Substation and Trans-mission Line for the above PublicImprovement Contract is herebyapproved:

SUBCONTRACTOR MBE/FBE

DDC+ $856,000.00(MBE)(15.0%)

Collinwood Shale,Brick $57,000.00(FBE)(1.00%)

Ballast Construction$13,000.00(FBE)(.23%)

Resource Int’l.$20,000.00(FBE)(.35%)

Forest City Erectors$20,000.00(FBE)(.35%)



Taylor.

Resolution No. 90-04.By Director Konicek.Be it resolved by Board of Control

of the City of Cleveland that the bidof Richmond Valve & Pipe Co., Inc.for an estimated quantity of piperepair couplings (Groups A and B)for the Division of Water, Depart-ment of Public Utilities, for a periodof two (2) years beginning with thedate of execution of a contract,received on the 12th day of Decem-ber, 2003, pursuant to the authorityof Section 129.25 of the CodifiedOrdinances of Cleveland Ohio, 1976,which on the basis of the estimatedquantity would amount to One Hun-dred Ninety Eight Thousand ThreeHundred Eighty Six Dollars and64/100 Cents ($198,386.64) (2% 30,Net 31), is hereby affirmed andapproved as the lowest and best bid,and the Director of Public Utilitiesis hereby requested to enter intorequirement contract for such com-modities, which shall provide for theimmediate purchase as the initialamount of such contract of the fol-lowing:

Requisition No. 142840which shall be certified againstsuch contract in the sum of Forty-Five Thousand Dollars and 00/100Cents ($45,000.00).

Said requirement contract shallfurther provide that the Contractorwill furnish the remainder of therequirement for such commodities,whether more or less than said esti-mated quantity, as may be orderedunder subsequent requisitions sepa-rately certified against said con-tract.



Taylor.

Resolution No. 91-04.By Director Mok.Whereas, pursuant to the authori-

ty of Ordinance No. 127-02, passed bythe Council of the City of Clevelandon April 22, 2002, and Board of Con-trol Resolution No. 638-02, adoptedSeptember 25, 2002, the City throughits Director of Port Control enteredinto City Contract No. 60281 withMid American Security Services,Inc., to provide unarmed securityguard services for the various divi-sions of the Department of Port Con-trol; and

Whereas, City Contract No. 60281is a requirement contract to provideunarmed security guard services asneeded; and

Whereas, Resolution No. 638-02erroneously contained a limitationon the amount of unarmed securityguard services to be ordered fromMid American Security, Inc.; nowtherefore,

Be it resolved, by the Board ofControl of the City of Cleveland thatResolution No. 638-02 authorizingthe agreement between the City ofCleveland and Mid American Securi-ty Services Inc., for unarmed secu-rity guard services, is amended bydeleting all reference in the lastparagraph to a limitation on theexpenditures for services.


395

Be it further resolved that, allother provisions of Resolution No.638-02 not expressly amended by thisresolution shall remain unchangedand in full force and effect.



Taylor.

Resolution No. 92-04.By Director Ricchiuto.Resolved, by the Board of Control

of the City of Cleveland that thebids of Perk Company, Inc., 55Industrial Drive, Bedford, OH 44146,for the public improvements ofrepairing and constructing side-walks, driveway aprons, curbing,curb strips, intersections, bridgeapproaches, utility box and castingadjustments, and appurtenances inthe west side of the City of Cleve-land (West of the Cuyahoga River)for the Division of Engineering andConstruction, Department of PublicService, received on the 30th day ofJanuary 2004, pursuant to theauthority of Ordinance No. 2329-03,passed February 9, 2004, upon a unitbasis for the improvements to beperformed as ordered during theperiod ending December 31, 2004 atthe unit prices set forth in the saidbid, which on the basis of the esti-mated work to be done wouldamount to Two Million, Nine Hun-dred Seventy Thousand, Forty Eightand 50/100 Dollars ($2,970,048.50), ishereby affirmed and approved asthe lowest responsible bids, and theDirector of Public Service is herebyrequested to enter into a require-ment contract for said improvement,which contract shall provide for theinitial performance of the followingwork hereunder:

Requisition Number 147508which shall be certified against suchcontract in the sum of Five HundredThousand Dollars ($500,000.00).

Said requirement contract shallfurther provide that the contractorwill perform so much of the balanceof the work as may be orderedunder subsequent requisitions sepa-rately certified against said require-ment contract, whether the sameshall be less than the total estimateof work to be performed under saidcontract or shall exceed the same bynot more than ten percent.

Be it further resolved by theBoard of Control that the followingsubcontractors to Perk Company,Inc. are hereby approved:

McTech Corp.(MBE) $465,507.00 (15.67%)

Cuyahoga Supply & Tool, Inc.(FBE) $31,100.40 (1.05%)



Taylor.

Resolution No. 93-04.By Director Ricchiuto.Resolved, by Board of Control of

the City of Cleveland that the bidsof American International Corp., 888East 70th Street, Cleveland, Ohio44103, for the public improvementsof repairing and, constructing side-walks, driveway aprons, curbing,curb strips, intersections, bridgeapproaches, utility box and castingadjustments, and appurtenances inthe east side of the City of Cleve-land (East of the Cuyahoga River)for the Division of Engineering andConstruction, Department of PublicService, received on the 23rd day ofJanuary 2004, pursuant to theauthority of Ordinance No. 2329-03,passed February 9, 2004, upon a unitbasis for the improvements to beperformed as ordered during theperiod ending December 31, 2004 atthe unit prices set forth in the saidbid, which on the basis of the esti-mated work to be done wouldamount to Three Million One Hun-dred Thirty Three Thousand FiveHundred and 00/100 Dollars($3,133,500.00) is hereby affirmedand approved as the lowest respon-sible bids, and the Director of Pub-lic Service is hereby requested toenter into a requirement contract forsaid improvement, which contractshall provide for the initial perfor-mance of the following work here-under:

Requisition Number 147504which shall be certified against suchcontract in the sum of Five HundredThousand Dollars ($500,000.00).

Said requirement contract shallfurther provide that the contractorwill perform so much of the balanceof the work as may be orderedunder subsequent requisitions sepa-rately certified against said require-ment contract, whether the sameshall be less than the total estimateof work to be performed under saidcontract or shall exceed the same bynot more than ten percent.

Be it further resolved by theBoard of Control that the followingsubcontractors to American Interna-tional Corp. are hereby approved:

Dan Ray Construction Co., Inc.(MBE) $470,100.00 ($15.00%)

Choice Construction Co., Inc.(FBE) $156,800.00 (5.00%)



Taylor.

Resolution No. 94-04.By Director Ricchiuto.Be it resolved by the Board of

Control of the City of Cleveland thatthe bid of Potters Industries Inc. forpurchase of Glass Beads, Item 6, forthe Division of Traffic Engineering,Department of Public Service, forthe period of one (1) year beginningwith the date of execution of a con-tract, received on January 29, 2004,pursuant to the authority of Ordi-nance No. 371-03 passed March 24,2003, which on the basis of the esti-mated quantity would amount to

Twenty Thousand Seven HundredDollars ($20,700.00), is affirmed andapproved as the lowest and best bid,and the Director of Public Service isauthorized to enter into a require-ment contract for such goods whichshall provide for the immediate pur-chase as the initial amount of suchcontract of the following:

Requisition No. 139748which shall be certified againstsuch contract in the sum of FourThousand Six Hundred Dollars($4,600.00).

Said requirement contract shallfurther provide that the contractorshall furnish the remainder of theCity’s requirements for such goods,whether more or less than said esti-mated quantity, as may be orderedunder subsequent requisitions sepa-rately certified against said con-tract.



Taylor.


Control of the City of Cleveland thatthe bid of Sherwin Williams Com-pany for purchase of Traffic Paint,Items 1, 2, 4, and 5, for the Divisionof Traffic Engineering, Departmentof Public Service, for the period ofone (1) year beginning with thedate of execution of a contract,received on January 29, 2004, pur-suant to the authority of OrdinanceNo. 371-03, passed March 24, 2003,which on the basis of the estimatedquantity would amount to Fifty TwoThousand and Thirty Three Dollarsand 50/100 Cents ($52,033.50), isaffirmed and approved as the low-est and best bid, and the Director ofPublic Service is authorized to enterinto a requirement contract for suchgoods which shall provide for theimmediate purchase as the initialamount of such contract of the fol-lowing:

Requisition No. 139747which shall be certified againstsuch contract in the sum of FortyThousand Dollars ($40,000.00).

Said requirement contract shallfurther provide that the contractorshall furnish the remainder of theCity’s requirements for such goods,whether more or less than said esti-mated quantity, as may be orderedunder subsequent requisitions sepa-rately certified against said con-tract.



Taylor.


Control of the City of Clevelandthat all bids received on January29, 2004, for black traffic paint,item 3 for the Division of Traffic


396

Engineering, Department of PublicService, pursuant to the authorityof Ordinance No. 371-03, passed bythe Council of the City of Cleve-land on March 24, 2003, are herebyrejected.



Taylor.

Resolution No. 97-04.By Director Sims.Whereas, pursuant to the authori-

ty of Ordinance No. 2197-88, passedJanuary 30, 1989, as amended byOrdinance Nos. 1458-90 and 1166-96,passed June 18, 1990 and June 9,1997, respectively, the Commissionerof Purchases and Supplies is autho-rized, by and at the Direction of theBoard of Control, to convey interestsin the Property described therein inthe City of Warrensville Heights,which Property is no longer neededfor public use, in accordance withthe terms of the Master Develop-ment Agreement (“MDA”) as setforth in said ordinance; now, there-fore,

Be it resolved by the Board ofControl of the City of Clevelandthat, pursuant to authorization ofOrdinance No. 2197-88, passed Janu-ary 30, 1989, as amended by Ordi-nance Nos. 1458-90 and 1166-96,passed June 18, 1990 and June 9,1997, respectively, the Commissionerof Purchases and Supplies is herebydirected to convey a perpetual, non-exclusive storm-water easementover that portion of the Propertydescribed in said ordinance in theCity of Warrensville Heights, nolonger needed for public use, andmore fully described in Exhibit A,attached hereto and incorporatedherein by reference, for the benefitof Chagrin Highlands, Ltd., ChagrinHighlands Community Association,Inc., and the future owner or own-ers of that portion of the Propertydescribed in Exhibit B, attachedhereto and incorporated herein byreference, all in accordance with theMDA as set forth in said OrdinanceNo. 2197-88, as amended. The con-sideration to be paid for said ease-ment is fixed at $18,600, whichamount is determined in accordancewith Section 6.3 of the MDA.

Be it further resolved by theBoard of Control of the City ofCleveland that the Commissioner ofPurchases and Supplies is herebyrequested to execute and deliver thedeclaration of the City of Clevelandconveying the storm-water easementin said property.



Taylor.


ty of Ordinance No. 2197-88, passedJanuary 30, 1989, as amended byOrdinance Nos. 1458-90 and 1166-96,passed June 18, 1990 and June 9,

1997, respectively, the Commissionerof Purchases and Supplies is autho-rized, by and at the Direction of theBoard of Control, to sell parcels ofthe Property described therein inthe City of Warrensville Heights,which Property is no longer neededfor public use, in accordance withthe terms of the Master Develop-ment Agreement (“MDA”) as setforth in said ordinance; now, there-fore,

Be it resolved by the Board ofControl of the City of Clevelandthat, pursuant to authorization ofOrdinance No. 2197-88, passed Janu-ary 30, 1989, as amended by Ordi-nance Nos. 1458-90 and 1166-96,passed June 18, 1990 and June 9,1997, respectively, the Commissionerof Purchases and Supplies is herebydirected to sell a parcel of the Prop-erty described in said ordinance inthe City of Warrensville Heights, nolonger needed for public use, toCleveland East Hotel LLC, in accor-dance with the MDA as set forth insaid Ordinance No. 2197-88, asamended; said parcel is more fullydescribed on Exhibit A, attachedhereto and incorporated herein byreference. The consideration to bepaid for said parcel is fixed at$10.31, which amount is determinedin accordance with Section 4.1 of theMDA.

Be it further resolved by theBoard of Control of the City ofCleveland that the Mayor and theCommissioner of Purchases and Sup-plies are hereby requested to exe-cute and deliver the official deed ordeeds of the City of Cleveland con-veying said property.



Taylor.


ty of Ordinance No. 2197-88, passedJanuary 30, 1989, as amended byOrdinance Nos. 1458-90 and 1166-96,passed June 18, 1990, and June 9,1997, respectively, the Commissionerof Purchases and Supplies is autho-rized, by and at the Direction of theBoard of Control, to sell parcels ofthe Property described therein inthe City of Warrensville Heights,which Property is no longer neededfor public use, in accordance withthe terms of the Master Develop-ment Agreement (“MDA”) as setforth in said ordinance; now, there-fore,

Be it resolved by the Board ofControl of the City of Clevelandthat, pursuant to authorization ofOrdinance No. 2197-88, passed Janu-ary 30, 1989, as amended by Ordi-nance Nos. 1458-90 and 1166-96,passed June 18, 1990 and June 9,1997, respectively, the Commis-sioner of Purchases and Supplies ishereby directed to sell a parcel ofthe Property described in said ordi-nance in the City of WarrensvilleHeights, no longer needed for pub-lic use, to Chagrin Highlands, Ltd.,in accordance with the MDA as setforth in said Ordinance No. 2197-88,as amended; said parcel is morefully described on Exhibit A, at-

tached hereto and incorporatedherein by reference. The considera-tion to be paid for said parcel isfixed at $8.13, which amount isdetermined in accordance with Sec-tion 4.1 of the MDA.

Be it further resolved by theBoard of Control of the City ofCleveland that the Mayor and theCommissioner of Purchases and Sup-plies are hereby requested to exe-cute and deliver the official deed ordeeds of the City of Cleveland con-veying said property.



Taylor.

Resolution No. 100-04.By Director Sims.Whereas, Board of Control Reso-

lution No. 478-00, adopted on July 12,2000, as amended by Resolution No.852-00, adopted on December 20, 2000,and Resolution No. 135-01, adoptedMarch 7, 2001, under the authority ofOrdinance No. 944-2000, passed onJune 19, 2000, as amended by Ordi-nance No. 1687-2000, passed onDecember 4, 2000; directed the Com-missioner of Purchases and Suppliesto sell certain City-owned propertyno longer needed for public use,described in the ordinance, and alsoknown as Block “A-3” of the Lee-Seville/Cleveland Outerbelt Industri-al Park to Scovil-Hanna Realty,LLC, d.b.a. Arrowhead IndustriesCorp., for the consideration of Sev-enty-Two Thousand Three Hundredand Twenty Dollars ($72,320) whichwas determined to be not less thanfair market value; and

Whereas, Scovil-Hanna has assist-ed the City of Cleveland in provid-ing an alternate entrance route tothe Ashland Oil Company andassumed additional expenses toallow the alternate route to be built,per the request of the City, now,therefore,

Be it resolved by the Board ofControl of the City of Cleveland,that Board of Control Resolution No.478-00, adopted on July 12, 2000, asamended by Resolution No. 852-00,adopted on December 20, 2000, andResolution No. 135-01, adopted March7, 2001, under the authority of Ordi-nance No. 944-2000, passed on June19, 2000, as amended by OrdinanceNo. 1687-2000, passed on December 4,2000, is amended by deleting Seven-ty Two Thousand Three Hundredand Twenty Dollars ($72,320) andreplacing it with Sixty Nine Thou-sand One Hundred Dollars ($69,100)where appearing.

Be it further resolved that allother provisions of said ResolutionNo. 478-00, as amended by ResolutionNo. 852-00 and Resolution No. 135-01,not expressly amended hereby shallremain unchanged and in full forceand effect.



Taylor.


397

Resolution No. 101-04.By Director Hudecek.Whereas, pursuant to Ordinance

No. 2076-76 passed October 25, 1976,the City is conducting a Land Reuti-lization Program in accordance withthe provision of Chapter 5722 of theOhio Revised Code; and

Whereas, City has acquired Per-manent Parcel No. 105-23-044 undersaid Land Reutilization Program; and

Whereas, Ordinance No. 1712-03passed December 1, 2003, authorizedthe sale of said parcel for a consid-eration established by the Board ofControl at not less than the Fair,Market Value; and

Whereas, Billy Stuart has pro-posed to the City to purchase anddevelop said parcel; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatpursuant to the authorization ofOrdinance No. 1712-03 passed Decem-ber 1, 2003, by the Cleveland CityCouncil, the Mayor is hereby autho-rized to execute an official deed forand on behalf of the City of Cleve-land with Billy Stuart for the saleand development of Permanent Par-cel No. 105-23-044, as described insaid Ordinance in accordance withthe Land Reutilization Program insuch manner as best carries out theintent of said program.

Be it further resolved that the con-sideration for said parcel shall be$400.00, which amount is herebydetermined to be not less than thefair market value of said parcel foruses in accordance with the LandReutilization Program.

Yeas: Acting Mayor and DirectorChandra, Directors Baker, Konicek,Mok, Ricchiuto, Carroll, Acting Direc-tor Pettus, Directors Ronayne, Hude-cek, Routen, Sims and Williams.


Taylor.

Resolution No. 102-04.By Director Hudecek.Whereas, pursuant to Ordinance

No. 2076-76 passed October 25, 1976,the City conducting a Land Reuti-lization Program in accordance withthe Provision of Chapter 5722 of theOhio Revised Code; and

Whereas, City has acquired Per-manent Parcel Nos. 136-20-001, 136-20-002, 136-20-003 and 136-20-004 undersaid Land Reutilization Program; and

Whereas, Ordinance No. 43-03passed March 10, 2003, authorizedthe sale of said parcels for a con-sideration established by the Boardof Control at not less than the FairMarket Value; and

Whereas, Giltz and Associates,Inc. has proposed to the City to pur-chase and develop said parcels; now,therefore,

Be it resolved by the Board ofControl of the City of Clevelandthat pursuant to the authorizationof Ordinance No. 43-03 passedMarch 10, 2003, by the ClevelandCity Council, the Mayor is herebyauthorized to execute an officialdeed for and on behalf of the Cityof Cleveland with Giltz and Asso-ciates, Inc. for the sale and devel-opment of Permanent Parcel Nos.136-20-001, 136-20-002, 136-20-003, and136-20-004, as described in said Ordi-nance in accordance with the LandReutilization Program in such man-ner as best carries out the intentof said program.

Be it further resolved that the con-sideration for said parcels shall be

$18,000, which amount is herebydetermined to be not less than thefair market value of said parcels foruses in accordance with the LandReutilization Program.



Taylor.

Resolution No. 103-04.By Director Baker.Resolved, by the Board of Control

of the City of Cleveland that theconditional bid of Nextel WestCorp., d.b.a. Nextel Communica-tions, except for such terms andconditions as are not acceptable tothe Director of Law and the Direc-tor of Finance, for wireless voice &data service and equipment, for theDivision of Information Technolo-gy and Services, for a period of one(1) year with two options to renewfor an additional consecutive 1year term, beginning with the dateof execution of a contract, receivedJanuary 28, 2004, under the author-ity of Ordinance No. 1714-03, passedby the Cleveland City Council onSeptember 16, 2002, as amended byOrdinance No. 2224-03, passed onDecember 15, 2003, which on thebasis of the estimated quantitieswould amount to Two HundredForty-Four Thousand Six HundredSixty-Eight and 00/100 Dollars($244,668.00) (Net), is affirmed andapproved as the lowest and bestbid, and the Director of Finance isrequested to enter into a require-ment contract for such goodsand/or services, which shall pro-vide for the immediate purchase asthe initial amount of such contractof the following:

Requisition No. RE - 141814which shall be certified againstsuch contract in the total sum notto exceed Two Hundred Forty-FourThousand Six Hundred Sixty-Eightand 00/100 Dollars ($244,668.00).

Said requirement contract shallfurther provide that the Contractorshall furnish the remainder of theCity’s requirements for such goodsand/or services, whether more orless than said estimated quantity, asmay be ordered under subsequentrequisitions separately certifiedagainst said contract.

Be it further resolved that in accor-dance with Section 181.25(a) of theCodified Ordinances of Cleveland,Ohio, 1976, the informality and irreg-ularity of the insufficiency of the bidcheck submitted by Nextel WestCorp., d.b.a. Nextel Communicationsin the amount of $600.40, which isless than ten percent (10%) of therequired amount under the provisionof Section 181.24 C.O., is herebywaived for the reason that suchwaiver is in the public interest.



Taylor.

JEFFREY B. MARKS,Secretary

CIVIL SERVICE NOTICES____________

General Information

Application blanks and informa-tion, regarding minimum entrancequalifications, scope of examination,and suggested reference materialsmay be obtained at the office of theCivil Service Commission, Room 119,City Hall, East 6th Street, and Lake-side Avenue.

Application blanks must be prop-erly filled out on the official formprescribed by the Civil Service Com-mission and filed at the office of thecommission not later than the finalclosing date slated in the examina-tion announcement.

EXAMINATION RESULTS: Eachapplicant whether passing or failingwill be notified of the results of theexamination as soon as the com-mission has graded the papers.Thereafter, eligible lists will beestablished which will consist of thenames of those candidates who havebeen successful in all parts of theexamination.

PHYSICAL EXAMINATION: Allcandidates for original entrance posi-tions who are successful in otherparts of the examinations must sub-mit to a physical examination.

REYNALDO GALINDO,President

SCHEDULE OF THE BOARD

OF ZONING APPEALS

MONDAY, MARCH 22, 2004

9:30 A.M.

Calendar No. 04-44: 12319 OsceolaAvenue (Ward 9)

Willie C. Hubbard, owner, andBeverly Mills, agent, appeal toestablish a Type A day care in thesecond floor of a two-familydwelling situated on a 35' x 115'parcel in an A1 Single-Family Dis-trict on the north side of OsceolaAvenue at 12319-21 Osceola Avenue;contrary to the Residential DistrictsRegulations, where a day care andits uses are required to be 30' fromany adjoining premises in a Resi-dence District not used for a simi-lar purpose, and the proposed TypeA day care is surrounded by an A1Single Family District, which re-quires the Board of Zoning Appealsapproval as stated in Section337.02(f)(3)(C) of the Codified Ordi-nances.

Calendar No. 04-45: 1216-26 East105th Street (Ward 8)

Bethany Baptist Church c/o Rev-erend Steven Rowan, owner, appealsto construct a parking lot on anapproximate 135' x 120' vacant cor-ner parcel in a Local Retail Busi-ness District on the west side ofEast 105th Street at 1216-26 East105th Street; contrary to Section349.08 in the Off-Street Parking andLoading Requirements, a strip ofland approximately 2.34' with nolandscaping is proposed where a 4'wide landscaping strip is requiredbetween the parking lot and adwelling unit building at the south-


398

west corner of the lot, and a 6' widelandscaping strip is required alongEast 105th Street and Olivet Avenueaccording to Section 352.11 of theLandscaping and Screening Require-ments, and contrary to Section357.04(a) of the Yards and CourtsRegulations, no front yard setbackis proposed where a 15.5' front yardsetback is required along East 105thStreet, and the parking of motorvehicles is prohibited in the frontyard setback as stated in Section357.14(a)(1) of the Codified Ordi-nances.

Calendar No. 04-46: 4142-46 LorainAvenue (Ward 13)

Harry Pallas, owner, appeals tochange two storefronts of a one-story building from a tavern andrestaurant to a night club with liveentertainment and all situated on a40' x 132' parcel in a Local RetailBusiness District on the north sideof Lorain Avenue at 4142-46 LorainAvenue; contrary to Section343.01(b)(2)(F) of the Regulationsfor Business Districts, where a barand restaurant with live entertain-ment are not permitted in a LocalRetail Business District but firstpermitted in a General Retail Busi-ness District, but subject to the Reg-ulations for Specific Uses in Section347.12(a)(1), where a 500' distancefrom a Residential District isrequired and the proposed use abutsa Two-Family District; and contraryto Section 349.04(e) no parking isprovided and a parking area equalto three times the gross floor areais required; and subject to the pro-visions for Nonconforming Uses, anexpansion of a nonconforming userequires the Board of ZoningAppeals approval as stated in Sec-tion 359.01 of the Codified Ordi-nances.

Calendar No. 04-47: 13835 Lyric Ave-nue (Ward 20)

Douglas Brown, owner, appeals toenclose an existing 6' x 18' frontporch of a one-story, frame dwellinghouse on a 40' x 115' parcel in anA1 One-Family District on the southside of Lyric Avenue at 13835 LyricAvenue; contrary to the Regulationsfor Yards and Courts, a 6' porch pro-jection is proposed where not morethan 4' is allowed as stated in Sec-tion 357.13(b)(4) of the CodifiedOrdinances.

Calendar No. 04-48: 3465-69 West117th Street (Ward 19)

Ralph and Denise Rescina, own-ers, and Angela Paluch, tenant,appeal to change from a tavern toa body piercing and tattooing ser-vice the use of a 2 1/2-story brickbuilding situated on a 46' x 86' cor-ner parcel in a General Retail Busi-ness District on the southeast cornerof West 117th Street and St. MarkAvenue at 3465-69 West 117th Street;contrary to the provisions for Spe-cific Uses Regulated, the proposedchange of use abuts a ResidentialDistrict and is located within a dis-tance of 1000' of the Halloran ParkPlayground and Skating Rink,where a use for tattooing and bodypiercing are not permitted as statedin Section 347.12 of the CodifiedOrdinances.

Secretary

REPORT OF THE BOARDOF ZONING APPEALS

MONDAY, MARCH 8, 2004

At the meeting of the Board ofZoning Appeals on Monday, March8, 2004, the following appeals wereheard by the Board:

The following appeal was Ap-proved:

Calendar No. 04-38: 579 Eddy RoadEverlasting Baptist Church ap-

pealed to erect a 39 s/f, 14' high,free-standing illuminated and flash-ing ID sign at the front area of a110' x 150' irregular shaped parcelin a Local Retail Business District.

The following appeal was Denied:

Calendar No. 04-36: 16207 HuntmereAvenue

Fred Brankow appealed to enclosea second story front porch of a two-family dwelling in a Two-FamilyDistrict.

The following appeals were Post-poned:

Calendar No. 04-34: 6501-03 UnionAvenue postponed to March 22,2004.

Calendar No. 04-35: 2266 West 41stPlace postponed to March 22,2004.

Calendar No. 04-39: 14700 Miles Ave-nue postponed to May 3, 2004.

Calendar No. 04-22: 14109 BenwoodAvenue postponed to March 29,2004.

On Monday, March 8, 2004, inExecutive Session:

The following appeals were heardby the Board on Monday, March 1,2004, and said decisions were ap-proved and adopted in ExecutiveSession on Monday, March 8, 2004:


Calendar No. 04-30: 5700 FullertonAvenue

Alex Lebovitch appealed to erecta one-story, single family dwellingon a 32' x 53' existing foundationin a Local Retail Business District.

The following appeal heard by theBoard on January 26, 2004 wasadopted and approved:


Calendar No. 03-343: 2202-10 SuperiorAvenue

Renee and Brian Heller appealedto change the third floor of a four-story building to a live-work use ina Semi-Industry District.

The following appeal heard by theBoard on February 2, 2004 wasadopted and approved:


Calendar No. 03-349: 15209 FloridaAvenue

Ebenezer Assembly of ChristChurch appealed to construct a two-

story addition for classrooms to aone and two-story masonry churchin a Two-Family District.

The following appeal heard by theBoard on February 17, 2004 wasadopted and approved:


Calendar No. 04-21: 3200 West 33rdStreet

Mercedarian Plaza LP appealed toerect a three-story, 30 unit, seniorhousing apartment building in aTwo-Family District.

Secretary

REPORT OF THE BOARD

OF BUILDING STANDARDS

AND BUILDING APPEALS

NO MEETING

PUBLIC NOTICE

NONE

NOTICE OF PUBLIC HEARING

NONE

CITY OF CLEVELAND BIDS

For All Departments

Sealed bids will be received at theoffice of the Commissioner of Pur-chases and Supplies, Room 128, CityHall, in accordance with the append-ed schedule, and will be opened andread in Room 128, City Hall, imme-diately thereafter.

Each bid must be made in accor-dance with the specifications andmust be submitted on the blankssupplied for the purpose, all ofwhich may be obtained at the officeof the said Commissioner of Pur-chases and Supplies, but no bid willbe considered unless delivered tothe office of the said commissionerprevious to 12:00 noon (EasternStandard Time) on the date speci-fied in the schedule.

187.10 Negotiated contracts; Noticerequired in Advertisement for Bids.

Where invitations for bids areadvertised, the following noticeshall be included in the advertise-ment: “Pursuant to the MBE/FBECode, each prime bidder, each minor-ity business enterprise (“MBE”) andeach female business enterprise(“FBE”) must be certified beforedoing business with the City. There-fore, any prime contractor wishingto receive credit for using an MBEor FBE should ensure that applica-tions for certification as to MBE orFBE status compliance with theCode, affirmative action in employ-ment and, if applicable, joint ven-ture status, are submitted to theOffice of Equal Opportunity(“OEO”) prior to the date of bidopening or submission of proposals


399

or as specified by the Director. Fail-ure to comply with the businessenterprise code or with representa-tions made on these forms mayresult in cancellation of the contractor other civil or criminal penalties.”

THURSDAY, MARCH 25, 2004

Furnish and Install Carpeting, forvarious divisions of ClevelandPublic Power, Department of Pub-lic Utilities, as authorized by Ordi-nance No. 2025-02, passed by theCouncil of the City of Cleveland,November 18, 2002.

THERE WILL BE A MANDATORYPRE-BID MEETING, THURSDAY,MARCH 18, 2004 AT 10:00 A.M.,CLEVELAND PUBLIC POWER,1300 LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

THE CITY WILL NOT CONSIDERTHE BID OF ANYONE WHODOES NOT ATTEND A MANDA-TORY PRE-BID CONFERENCE.

March 3, 2004 and March 10, 2004

WEDNESDAY, MARCH 31, 2004

Labor and Materials Necessary toClean and Maintain Oil/WaterSeparators, Sewers, ElectricalVaults, Holding Tanks, Lift Sta-tions, and Associated Appurte-nances, Including Testing andDisposal of Waste Materials, forvarious divisions of the De-partment of Port Control, asauthorized by Ordinance No.1218-03, passed by the Council ofthe City of Cleveland, September22, 2003.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,THURSDAY, MARCH 18, 2004 AT10:00 A.M., CLEVELAND HOP-KINS INTERNATIONAL AIR-PORT’S CENTRAL RECEIVINGBUILDING, 19451 FIVE POINTSROAD, CLEVELAND, OHIO 44135.

Labor and Materials for the Rentalof Snow Removal and Heavy-Duty Equipment with Opera-tions, for various divisions of theDepartment of Port Control, asauthorized by Ordinance No.1888-03, passed by the Council ofthe City of Cleveland, November10, 2003.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,WEDNESDAY, MARCH 17, 2004AT 10:00 A.M., CLEVELAND HOP-KINS INTERNATIONAL AIR-PORT’S CENTRAL RECEIVINGBUILDING, 19451 FIVE POINTSROAD, CLEVELAND, OHIO 44135.

March 3, 2004 and March 10, 2004


Pedestrian Led Traffic Signal Units,for the Division of Traffic Engi-neering, Department of Public Ser-vice, as authorized by OrdinanceNo. 371-03, passed by the Councilof the City of Cleveland, March 24,2003.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,THURSDAY, MARCH 18, 2004 AT10:00 A.M., CITY HALL, ROOM 518,601 LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

Purchase of Paint Spray Booth Usedfor the Manufacturing of TrafficSigns, for the Division of TrafficEngineering, Department of Pub-lic Service, as authorized by Ordi-nance No. 1424-02, passed by theCouncil of the City of Cleveland,July 17, 2002.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,FRIDAY, MARCH 19, 2004 AT 10:00A.M., CITY HALL, ROOM 518, 601LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

March 10, 2004 and March 17, 2004

THURSDAY, MARCH 25, 2004

Rehabilitation of East 4th StreetBetween Euclid Avenue andProspect Avenue, for the Divisionof Engineering & Construction,Department of Public Service, asauthorized by Ordinance No. 1489-03, passed by the Council of theCity of Cleveland, September 22,2003.

THERE WILL BE A REFUND-ABLE FEE FOR PLANS/SPECI-FICATIONS IN THE AMOUNTOF FIFTY DOLLARS ($50.00) INTHE FORM OF A CASHIER’SCHECK AND/OR MONEY OR-DER.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,THURSDAY, MARCH 18, 2004 AT10:00 A.M., CITY HALL, ROOM 518,601 LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

March 10, 2004 and March 17, 2004

FRIDAY, MARCH 26, 2004

Rehabilitation of Lorain Avenue(West 65th Street to West 41stStreet), Lakeside Avenue (West6th Street to East 9th Street), andVan Aken Blvd. (Shaker Blvd. toBuckeye Road), for the Divisionof Engineering & Construction,Department of Public Service, asauthorized by Ordinance Nos. 2090-03 and 2241-03, passed by theCouncil of the City of Cleveland,December 15, 2003 and February 9,2004, respectively.


THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,FRIDAY, MARCH 19, 2004 AT 10:00A.M., CITY HALL, ROOM 518, 601LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

March 10, 2004 and March 17, 2004


Waste Collection Facility Site Im-provements, for the Division ofArchitecture, Department of Pub-lic Service, as authorized by Ordi-nance No. 883-02, passed by theCouncil of the City of Cleveland,June 3, 2002.

THERE WILL BE A REFUND-ABLE FEE FOR PLANS/SPECI-FICATIONS IN THE AMOUNTOF FIFTY DOLLARS ($50.00) IN

THE FORM OF A CASHIER’SCHECK AND/OR MONEY OR-DER.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,MONDAY, MARCH 22, 2004 AT11:00 A.M., CHARLES V. CARR.CENTER, SOUTH BUILDING, 5600CARNEGIE AVENUE, CLEVE-LAND, OHIO 44103.

March 10, 2004 and March 17, 2004

THURSDAY, APRIL 1, 2004

Bessemer Avenue Extension fromEast 65th Street to East 55thStreet, for the Division of Engi-neering & Construction, Depart-ment of Public Service, as autho-rized by Ordinance Nos. 1655-99and 2335-03, passed by the Councilof the City of Cleveland, Novem-ber 29, 1999 and December 15, 2003,respectively.


THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,THURSDAY, MARCH 25, 2004 AT2:30 P.M., CITY HALL, ROOM 514,601 LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

March 10, 2004 and March 17, 2004

ADOPTED RESOLUTIONS

AND ORDINANCES

Res. No. 255-04.By Council Member Pierce Scott.An emergency resolution declar-

ing this Council’s support of the pro-posal of Glenbrooke Homes III, L.P.to the Ohio Housing FinanceAgency for the use of low-incomehousing tax credits.


Whereas, Glenbrooke Homes III,L.P. is proposing to build up to 60single family homes in the City ofCleveland; and

Whereas, none of the project’stotal units will be market rate units;and

Whereas, 20% of the project’stotal units will be set aside forhouseholds with annual incomesthat are at or below 35% of the areamedian gross income and the bal-ance of the units will be leased tohouseholds with annual incomesthat are 60% or less of the areamedian gross income; and

Whereas, Glenbrooke Homes III,L.P’s proposal will benefit the citi-zens of the City and will utilizehousing tax credits; and




400

Section 1. That this Council here-by declares its support of the pro-posal of Glenbrooke Homes III, L.P.to the Ohio Housing FinanceAgency for the use of low-incomehousing tax credits.

Section 2. That the Clerk of Coun-cil is hereby directed to transmittwo certified copies of this resolu-tion to the project owner, Glen-brooke Homes III, L.P., c/o GlenvilleDevelopment Corporation, 10650 St.Clair Avenue, Cleveland, Ohio 44108.


Adopted February 23, 2004.Effective February 27, 2004.

Res. No. 256-04.By Council Members Brady, Jack-

son, Gordon, Britt, Polensek, PierceScott, Cintron, Conwell, Zone, Reed,Coats, Sweeney, Westbrook, Cimper-man, Dolan, Johnson, Jones, Lewis,O’Malley, Rybka and White.

An emergency resolution opposingthe plan of President George W.Bush to eliminate Community De-velopment Block Grant funding inyear 2005.

Whereas, Community Develop-ment Block Grant (“CDBG”) fundingprovides the City of Cleveland andother eligible metropolitan citiesand urban counties with annualdirect grants that they can use torevitalize neighborhoods, expandaffordable housing and economicopportunities, and improve commu-nity facilities and services, princi-pally to benefit low and moderateincome persons; and

Whereas, the White House re-leased a list of programs that itwants to eliminate in 2005 and pro-grams that it hopes to cut back sig-nificantly; and

Whereas, one of the programs list-ed was the elimination of the Com-munity Development Block grantprogram as the White House pro-poses a reduction in funding from$334 million in 2004 to $0 in 2005; and

Whereas, elimination of the Com-munity Development Block Grantprogram will have a devastatingeffect on the City of Cleveland andother cities; and

Whereas, the United States Hous-ing and Urban Development’s web-site indicates that “the impact ofCDBG-funded projects can be seenin the housing stock, the businessenvironment, the streets and thepublic facilities of entitlement com-munities” and indicates that “theprogram is also an increasinglyimportant catalyst for economicdevelopment activities that expandjob and business opportunities forlower income persons and neighbor-hoods”; and

Whereas, in these challenging eco-nomic times, it is important to con-tinue programs that benefit low andmoderate income persons and com-munities; and

Whereas, in these challengingeconomic times, it is also importantto provide adequate funding of pro-

grams that increase economic devel-opment opportunities; and



Section 1. That this Councilstrongly opposes the plan of Presi-dent George W. Bush to eliminateCommunity Development BlockGrant funding in year 2005.

Section 2. That the Clerk of Coun-cil is hereby requested to transmitcopies of this resolution to PresidentGeorge W. Bush, U.S. SenatorMichael DeWine, U.S. SenatorGeorge Voinovich, CongressmanDennis Kucinich, CongresswomanStephanie Tubbs Jones, Congress-man Steven LaTourette, Congress-man Sherrod Brown, the Board Mem-bers of the National League ofCities, the Board Members of theNational Black Caucus of LocalElected Officials (NBC-LEO), andthe Director of the Ohio MunicipalLeague.



Res. No. 257-04.By Council Member Britt.An emergency resolution declar-

ing Cleveland City Council’s supportof the proposal of Erie SquareApartments, L.P. to provide afford-able housing through the use ofhousing tax credits from the OhioHousing Finance Agency.


Whereas, Erie Square Apartments,L.P., is proposing to develop up toeighty-nine (89) housing units at7621-7711 Euclid Avenue, Cleveland,Ohio; and

Whereas, one hundred percent(100%) of these housing units willbe affordable to families with in-comes at or below sixty percent(60%) of the area median incomeand no housing units will be mar-ket rate; and

Whereas, twenty percent (20%) ofthese housing units will serve a spe-cial needs population, namely: house-holds whose annual income is at orbelow thirty-five percent (35%) ofthe area median income; and

Whereas, forty percent (40%) ofthese housing units will have in-comes at or below fifty percent(50%) of the area median incomeand,


Whereas, this resolution consti-tutes an emergency measure for the

immediate preservation of publicpeace, property, health, or safety,now, therefore,


Section 1. That the Council of theCity of Cleveland supports the pro-posal of Erie Square Apartments,L.P. to provide affordable housingfor the citizens of Clevelandthrough the use of housing tax cred-its from the Ohio Housing FinanceAgency.

Section 2. That the Clerk of Coun-cil is hereby requested to transmita copy of this resolution to theExecutive Director of the ClevelandHousing Network, Inc.



Res. No. 258-04.By Council Member Cimperman.An emergency resolution declar-

ing Cleveland City Council’s supportof the proposal of Famicos Founda-tion for the development and con-struction of affordable housingusing housing tax credits from theOhio Housing Finance Agency.


Whereas, Famicos Foundation isproposing to redevelop forty-four(44) units of Single Room Occupan-cy housing in the 1850 SuperiorAvenue Apartment building; and

Whereas, one hundred percent(100%) of these units will be occu-pied by low-income individuals, withno market rate units; and

Whereas, no less than fifty per-cent (50%) of the units will serve aspecial needs population, specifical-ly households that are homeless andin need of supportive services asdefined in the 2004 Qualified Allo-cation Plan; and

Whereas, Famicos Foundation’sproposal will benefit the citizens ofthe City; and



Section 1. That the Council of theCity of Cleveland supports the pro-posal of Famicos Foundation for thedevelopment of affordable housingusing housing tax credits from theOhio Housing Finance Agency.

Section 2. That the Clerk of Coun-cil is hereby requested to transmittwo certified copies of this resolu-tion to the Executive Director ofFamicos Foundation.

Section 3. That this resolution ishereby declared to be an emergency


401

measure and provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.


Res. No. 259-04.By Council Members Gordon and

Jackson.An emergency resolution declar-

ing Cleveland City Council’s supportof the proposal of Cleveland Hous-ing Network Limited PartnershipXXI to provide affordable housingthrough the use of housing tax cred-its from the Ohio Housing FinanceAgency.

Whereas, each year the OhioHousing Finance Agency allocateshousing credits for affordable hous-ing developments throughout Ohiousing a competitive proposalprocess; and

Whereas, Cleveland Housing Net-work Limited Partnership XXI isproposing to develop up to eightyfive (85) housing units on scatteredsites throughout the City of Cleve-land; and

Whereas, one hundred percent(100%) of these housing units willbe affordable to families with in-comes at or below sixty percent(60%) of the area median income,and no housing units will be mar-ket rate; and

Whereas, twenty percent (20%) ofthese housing units will serve a spe-cial needs population, namely house-holds whose annual income is at orbelow thirty-five percent (35%) ofthe area median income; and

Whereas, the Council of the Cityof Cleveland supports the proposalto develop this affordable housingfor the benefit of the citizens ofCleveland; and



Section 1. That the Council of theCity of Cleveland supports the pro-posal of Cleveland Housing NetworkLimited Partnership XXI to provideaffordable housing for the citizensof Cleveland through the use ofhousing tax credits from the OhioHousing Finance Agency.

Section 2. That the Clerk of Coun-cil is hereby requested to transmita copy of this resolution to theExecutive Director of the ClevelandHousing Network, Inc.



Res. No. 260-04.By Council Member Lewis.An emergency resolution declar-

ing Cleveland City Council’s supportof the proposal of Hough HomesL.P. to provide affordable housingthrough the use of Housing TaxCredits from the Ohio HousingFinance Agency.


Whereas, Hough Homes L.P. isproposing to develop up to seventy(70) new homes on scattered siteslocated primarily in the Houghneighborhood of Cleveland; and

Whereas, one hundred percent(100%) of these housing units willbe affordable to families with in-comes at or below sixty percent(60%) of the area median income,and no housing units will be mar-ket rate; and

Whereas, twenty percent (20%) ofthese housing units will serve a spe-cial needs population, namely house-holds whose annual income is at orbelow thirty-five percent (35%) ofthe area median income; and




Section 1. That the Council of theCity of Cleveland supports the pro-posal of Hough Homes L.P. to pro-vide affordable housing for the cit-izens of Cleveland through the useof Housing Tax Credits from theOhio Housing Finance Agency.

Section 2. That the Clerk of Coun-cil is hereby requested to transmita copy of this resolution to theExecutive Directors of the Ward 7CECD, the Cleveland Housing Net-work, Inc., and the Lutheran Hous-ing Corporation.



Res. No. 261-04.By Council Member Zone.An emergency resolution declar-

ing Cleveland City Council’s supportof the proposal of Detroit ShorewayCommunity Development Organiza-tion to provide affordable housingthrough the use of housing tax cred-its from the Ohio Housing FinanceAgency.

Whereas, each year the OhioHousing Finance Agency allocateshousing credits for affordable hous-

ing developments throughout Ohiousing a competitive proposal pro-cess; and

Whereas, Detroit Shoreway Com-munity Development Organization isproposing to form a partnership todevelop up to eighty-five (85) hous-ing units near the intersection ofWest 65th Street and Detroit Avenuein Cleveland, Ohio; and

Whereas, one hundred percent(100%) of these housing units willbe affordable to families withincomes at or below sixty percent(60%) of the area median incomeand no housing units will be mar-ket rate; and

Whereas, twenty percent (20%) ofthese housing units will serve a spe-cial needs population, namely:households whose annual income isat or below thirty-five percent(35%) of the area median income;and




Section 1. That the Council of theCity of Cleveland supports the pro-posal of Detroit Shoreway Commu-nity Development Organization toprovide affordable housing for thecitizens of Cleveland through theuse of housing tax credits from theOhio Housing Finance Agency.

Section 2. That the Clerk of Coun-cil is hereby requested to transmita copy of this resolution to theExecutive Director of the DetroitShoreway Community DevelopmentOrganization.



Res. No. 275-04.By Council Member Britt.An emergency resolution with-

drawing objections to a New C1 andC2 Liquor Permit at 2609 East 110thStreet and repealing Resolution Nos.1550-03 and 1551-03, objecting to saidpermit.

Whereas, this Council objected toa New C1 and C2 Liquor Permit to2609 East 110th Street by ResolutionNos. 1550-03 and 1551-03 adopted bythe Council on August 13, 2003; and

Whereas, this Council wishes towithdraw its objections to the abovepermit and consents to said permit;and



402


Section 1. That objection to a NewC1 and C2 Liquor Permit to Clarin-da C. Hodge, DBA East 110th DriveThru, 2609 East 110th Street, Cleve-land, Ohio 44104, Permanent Number3884170, be and the same is herebywithdrawn and Resolution Nos. 1550-03 and 1551-03, containing suchobjections, be and the same is here-by repealed and that this Councilconsents to the immediate permitthereof.



Res. No. 276-04.By Council Member Cimperman.An emergency resolution with-

drawing objection to the renewal ofa C2 and C2X Liquor Permit at 6710St. Clair Avenue and repealing Res-olution No. 1294-03, objecting to saidrenewal.

Whereas, this Council objected toa C2 and C2X Liquor Permit to 6710St. Clair Avenue by Resolution No.1294-03 adopted by the Council onJuly 16, 2003; and

Whereas, this Council wishes towithdraw its objection to the aboverenewal and consents to said renew-al based upon and pursuant to acooperation agreement by andthrough City Council Representa-tive, Joseph Cimperman and Appli-cant, Edward Dial, DBA Dawn’sMarket & Deli, 6710 St. ClairAvenue, Cleveland, Ohio 44103, Per-manent Number 2119558, a copy ofwhich is in the file for this addresswith the City Law Department; and



Section 1. That objection to a C2and C2X Liquor Permit to EdwardDial, DBA Dawn’s Market & Deli,6710 St. Clair Avenue, Cleveland,Ohio 44103, Permanent Number2119558 be and the same is herebywithdrawn and Resolution No. 1294-03, containing such objection, be andthe same is hereby repealed andthat this Council consents to theimmediate renewal thereof.



Res. No. 277-04.By Council Member Johnson.An emergency resolution object-

ing to a New D3A Liquor Permit at12302 Buckeye Road.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for a NewD3A Liquor Permit at Buckeye Bar,Inc., 12302 Buckeye Road, Cleveland,Ohio 44120, Permanent Number1069961; and









Section 1. That Council does here-by record its objection to a New D3ALiquor Permit at Buckeye Bar, Inc.,12302 Buckeye Road, Cleveland,Ohio 44120, Permanent Number1069961, and requests the Director ofLiquor Control to set a hearing forsaid application in accordance withprovisions of Section 4303.26 of theRevised Code of Ohio.




Res. No. 278-04.By Council Member Johnson.An emergency resolution object-

ing to the transfer of Liquor Licenseof a D1, D2 and D3 Liquor Permitto 12302 Buckeye Road.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for a trans-fer of Liquor License of a D1, D2and D3 Liquor Permit from DBDBManagement Co., Inc., DBA Milleni-um, 1st and 2nd Floors, N. End &Patio WS, 1012 Sumner Avenue,Cleveland, Ohio 44115, PermanentNumber 1990748 to Buckeye Bar,Inc., 12302 Buckeye Road, Cleveland,Ohio 44120, Permanent Number1069961; and






Whereas, this objection is based onother legal grounds as set forth inRevised Code Section 4303.292; and



Section 1. That Council does here-by record its objection to a transferof Liquor License of a D1, D2 andD3 Liquor Permit from DBDB Man-agement Co., Inc., DBA Millenium,1st and 2nd Floors, N. End & PatioWS, 1012 Sumner Avenue, Cleveland,Ohio 44115, Permanent Number1990748 to Buckeye Bar, Inc., 12302Buckeye Road, Cleveland, Ohio44120, Permanent Number 1069961,and requests the Director of LiquorControl to set a hearing for saidapplication in accordance with pro-visions of Section 4303.26 of theRevised Code of Ohio.


Section 3. That this resolution ishereby declared to be an emergency


403

measure and provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.


Res. No. 279-04.By Council Member Johnson.An emergency resolution with-

drawing objection to the renewal ofa C2 and C2X Liquor Permit at 2742Van Aken Boulevard and repealingResolution No. 1325-03, objecting tosaid renewal.

Whereas, this Council objected toa C2 and C2X Liquor Permit to 2742Van Aken Boulevard by ResolutionNo. 1325-03 adopted by the Councilon July 16, 2003; and

Whereas, this Council wishes towithdraw its objection to the aboverenewal and consents to said renew-al; and



Section 1. That objection to a C2and C2X Liquor Permit to Van AkenMarket, Inc., DBA Market on theSquare, 2742 Van Aken Boulevard,Cleveland, Ohio 44120, PermanentNumber 9198474 be and the same ishereby withdrawn and Resolution No.1325-03, containing such objection, beand the same is hereby repealed andthat this Council consents to theimmediate renewal thereof.



Res. No. 280-04.By Council Member Polensek.An emergency resolution with-

drawing objections to a New C2 andrenewal of a C1 and C2 Liquor Per-mit at 15638 Holmes Avenue andrepealing Resolution Nos. 334-03 and1336-03, objecting to said permit.

Whereas, this Council objected toa New C2 and renewal of a C1 andC2 Liquor Permit to 15638 HolmesAvenue by Resolution No. 334-03adopted by the Council on March 3,2003 and Resolution No. 1336-03adopted by the Council on July 16,2003; and

Whereas, this Council wishes towithdraw its objections to the abovepermit and consents to said permit;and



Section 1. That objections to aNew C2 and renewal of a C1 and C2Liquor Permit to Tamara Tait, DBAR & T Resale and Variety, 15638Holmes Avenue, Cleveland, Ohio44110, Permanent Number 8780685,be and the same is hereby with-drawn and Resolution Nos. 334-03and 1336-03, containing such objec-tions, be and the same is herebyrepealed and that this Council con-sents to the immediate permit there-of.



Res. No. 281-04.By Council Member Zone.An emergency resolution with-

drawing objection to the renewal ofa D1, D2, D3 and D3A Liquor Per-mit at 6520 Lorain Avenue andrepealing Resolution No. 1350-03,objecting to said renewal.

Whereas, this Council objected toa D1, D2, D3 and D3A Liquor Per-mit to 6520 Lorain Avenue by Reso-lution No. 1350-03 adopted by theCouncil on July 16, 2003; and

Whereas, this Council wishes towithdraw its objection to the aboverenewal and consents to said renew-al; and



Section 1. That objection to a D1,D2, D3 and D3A Liquor Permit to6520 Tavern, Inc., DBA Jo Jo’s, 6520Lorain Avenue, Cleveland, Ohio44111, Permanent Number 8200146 beand the same is hereby withdrawnand Resolution No. 1350-03, contain-ing such objection, be and the sameis hereby repealed and that thisCouncil consents to the immediaterenewal thereof.



Res. No. 282-04.By Council Member White.An emergency resolution object-

ing to the transfer of ownership ofa C1 Liquor Permit to 7910 HarvardAvenue.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for thetransfer of ownership of a C1 Liquor

Permit from Clark Retail Enterpris-es, Inc., DBA Clark Store #1225, 7910Harvard Avenue, Cleveland, Ohio44105, Permanent Number15255111225 to Amer Alahmad, DBAOpen Pantry, 7910 Harvard Avenue,Cleveland, Ohio 44105, PermanentNumber 0092793; and









Section 1. That Council does here-by record its objection to the trans-fer of ownership of a C1 Liquor Per-mit from Clark Retail Enterprises,Inc., DBA Clark Store #1225, 7910Harvard Avenue, Cleveland, Ohio 44105,Permanent Number 15255111225 toAmer Alahmad, DBA Open Pantry,7910 Harvard Avenue, Cleveland,Ohio 44105, Permanent Number0092793; and requests the Director ofLiquor Control to set a hearing forsaid application in accordance withprovisions of Section 4303.26 of theRevised Code of Ohio.





404

Res. No. 283-04.By Council Member Jackson.An emergency resolution object-

ing to a New C1 Liquor Permit at3230 East 93rd Street.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for a NewC1 Liquor Permit at Family Dollar,Inc., DBA Family $1.00 Discount,3230 East 93rd Street, Cleveland,Ohio 44104, Permanent Number2631277; and









Section 1. That Council does here-by record its objection to a New C1Liquor Permit at Family Dollar,Inc., DBA Family $1.00 Discount,3230 East 93rd Street, Cleveland,Ohio 44104, Permanent Number2631277, and requests the Director ofLiquor Control to set a hearing forsaid application in accordance withprovisions of Section 4303.26 of theRevised Code of Ohio.




Res. No. 284-04.By Council Member Zone.An emergency resolution opposing

House Bill 386, which creates astatewide uniform building code asadopted by the State Board of Build-ing Standards, and House Bill 175,which would establish a statewideuniform building code for all resi-dential buildings.

Whereas, state representativesrecently introduced House Bill 386,which specifies that the buildingcode adopted by the state Board ofBuilding Standards is a statewideuniform building code; and

Whereas, the House is also con-sidering a previously introducedbill, H.B. 175, which would establisha uniform building code for all res-idential buildings; and

Whereas, both bills prohibit localgovernments from adopting rules orregulations in conflict with thestatewide code; and

Whereas, additionally, local gov-ernments may not set standardshigher than those established in theproposed statewide standards; and

Whereas, Ohio is an extremelydiverse state and neither bill reflectsthe differences that exist among Ohiocommunities in everything fromsnowfall to topography, to communi-ty preference to history; and

Whereas, while it may be benefi-cial to have statewide building codestandards to set minimum regula-tions, these bills establish the onlystandards a community may have,which will be difficult, if not impos-sible to enforce in all Ohio commu-nities; and

Whereas, H.B. 175 removes localgovernment’s authority to requirelicensing of residential contractorswhich diminishes the ability of localgovernments to set minimum con-tractor standards; and

Whereas, H.B. 386 and H.B. 175may violate the Home Rule provi-sions of the Ohio Constitution,which give communities the right togovern themselves; and



Section 1. That this Council here-by opposes House Bill 386, whichcreates a statewide uniform build-ing code as adopted by the StateBoard of Building Standards, andHouse Bill 175, which would estab-lish a statewide uniform buildingcode for all residential buildings.

Section 2. That the Clerk of Coun-cil is hereby directed to transmitcopies of this resolution to theappropriate members of the Ohiolegislature and to the Ohio Munici-pal League.



Res. No. 301-04.By Council Members Coats and

Jones.An emergency resolution opposing

House Bill 278, attempting to grantall power to regulate the placementand operation of oil and gas wellsto the Ohio Department of NaturalResources, as House Bill 278 vio-lates the home rule powers grantedto municipalities by the Ohio Con-stitution.

Whereas, House Bill 278 gives allpower to regulate the placement andoperation of oil and gas wells to theOhio Department of Natural Re-sources; and

Whereas, municipalities in Ohio,such as the City of Cleveland, exer-cising their constitutional home rulepowers may regulate oil and gaswells; and

Whereas, House Bill 278 is con-trary to the Ohio Constitution inthat it violates the right of munici-palities to exercise home rule pow-ers as House Bill 278 declares thatthe Division of Mineral ResourcesManagement, in the Department ofNatural Resources, has exclusiveauthority to regulate the permitting,location, and spacing of oil and gaswells in the State of Ohio; and



Section 1. That this Council herebydeclares its opposition to House Bill278, attempting to grant all power toregulate the placement and operationof oil and gas wells to the OhioDepartment of Natural Resources, asHouse Bill 278 violates the home rulepowers granted to municipalities bythe Ohio Constitution.

Section 2. That the Clerk of Coun-cil is hereby directed to transmit acopy of this resolution to Ohio Gov-ernor Bob Taft, those members ofthe State of Ohio Legislature repre-senting residents of the City ofCleveland, and the Director of theOhio Municipal League.



Ord. No. 7-04.By Council Member Brady.An emergency ordinance authoriz-

ing and directing the Director ofCity Planning to enter into anagreement with the City of Brook-lyn regarding uses and districtsacross common boundaries whenapplying zoning laws.

Whereas, in certain instances, theZoning Code of the Codified Ordi-nances of Cleveland, Ohio, 1976, re-quires a separation of use districts,lots or uses by a specified distance;and


405

Whereas, pursuant to CodifiedOrdinance Section 331.04, the calcu-lation and application of distancerequirements shall consider usesand districts across the City’sboundary if the City and borderingjurisdiction have entered into anagreement whereby each will con-sider uses and districts across thecommon boundary; and

Whereas, the City of Clevelandand the City of Brooklyn share acommon boundary; and



Section 1. That the Director ofCity Planning is hereby authorizedand directed to enter into an agree-ment with the City of Brooklynwhereby Cleveland and the City ofBrooklyn will consider uses and dis-tricts across the common boundarywhen applying the zoning laws ofeach City which may have separa-tion requirements.


Passed February 23, 2004.Effective February 27, 2004.


ing and directing the Director ofCity Planning to enter into anagreement with the City of Lake-wood regarding uses and districtsacross common boundaries whenapplying zoning laws.


Whereas, pursuant to CodifiedOrdinance Section 331.04, the calcu-lation and application of distancerequirements shall consider usesand districts across the City’s bound-ary if the City and bordering juris-diction have entered into an agree-ment whereby each will consideruses and districts across the com-mon boundary; and

Whereas, the City of Clevelandand the City of Lakewood share acommon boundary; and



Section 1. That the Director ofCity Planning is hereby authorizedand directed to enter into an agree-ment with the City of Lakewoodwhereby Cleveland and the City ofLakewood will consider uses anddistricts across the common bound-ary when applying the zoning lawsof each City which may have sepa-ration requirements.




ing and directing the Director ofCity Planning to enter into anagreement with the City of Linndaleregarding uses and districts acrosscommon boundaries when applyingzoning laws.


Whereas, pursuant to CodifiedOrdinance Section 331.04, the calcu-lation and application of distancerequirements shall consider usesand districts across the City’s bound-ary if the City and bordering juris-diction have entered into an agree-ment whereby each will consideruses and districts across the com-mon boundary; and

Whereas, the City of Clevelandand the City of Linndale share acommon boundary; and



Section 1. That the Director ofCity Planning is hereby authorizedand directed to enter into an agree-ment with the City of Linndalewhereby Cleveland and the City ofLinndale will consider uses and dis-tricts across the common boundarywhen applying the zoning laws ofeach City which may have separa-tion requirements.



Ord. No. 66-04.By Council Members Gordon and

Jackson (by departmental request). An emergency ordinance authoriz-

ing the Director of Community Devel-opment to apply for and acceptgrants from the United States De-partment of Housing and UrbanDevelopment for the CDBG Year 30under the Title I of the Housing andCommunity Development Act of 1974,for the 2004 Federal HOME GrantProgram, Emergency Shelter Pro-gram, and the Housing Opportunitiesfor Persons with AIDS Program.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore


Section 1. That the Director ofCommunity Development is autho-rized to apply for and accept grantsfrom the U. S. Department of Hous-ing and Urban Development (HUD)in the following approximateamounts: $29,027,000 to conduct theYear 30 Community DevelopmentBlock Grant Program: $7,059,000 toconduct the Federal HOME GrantProgram; $1,080,000 to conduct theEmergency Shelter Grant Program;and $854,000 for the Housing Oppor-tunities for Persons with AIDS(HOPWA) Program, for the purpos-es set forth in the budgets andaccording thereto and in compliancewith the requirements of Title I ofthe Housing and Community Devel-opment Act of 1974 and applicablerules and regulations. That theDirector of Community Developmentis authorized to file all papers andexecute all documents necessary toreceive the funds under the grants,and that the funds are appropriatedfor the purposes set forth in the bud-gets for the grants.

Section 2. That the budgets for thegrants, placed in File No. 66-04-A,made a part hereof as if fullyrewritten herein, are approved in allrespects.


Passed March 1, 2004.Effective March 2, 2004.

Ord. No. 98-04.By Council Members Britt and


ing the Director of Aging to applyfor and accept a grant from Cuya-hoga County, Department of Seniorand Adult Services, for the Commu-nity Navigator Program; and autho-rizing the Director to employ one ormore professional consultants toprovide services to implement theprogram.



Section 1. That the Director ofAging is authorized to apply for andaccept a grant in the approximateamount of $120,000, and any otherfunds that may become availableduring the grant term from Cuya-hoga County, Department of Seniorand Adult Services, to conduct theCommunity Navigator Program; thatthe Director is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposes setforth in the summary for the grant


406

contained in the file describedbelow.

Section 2. That the summary forthe grant, File No. 98-04-A, made apart of this ordinance as if fullyrewritten, is approved in allrespects.

Section 3. That the Director ofAging is authorized to employ bycontract or contracts one or moreconsultants or one or more firms ofconsultants for the purpose of sup-plementing the regularly employedstaff of the several departments ofthe City of Cleveland in order to pro-vide professional services necessaryto implement the program asdescribed in the file.

The selection of the consultantsfor the services shall be made bythe Board of Control on the nomi-nation of the Director of Aging froma list of qualified consultants avail-able for employment as may bedetermined after a full and completecanvass by the Director of Aging forthe purpose of compiling a list. Thecompensation to be paid for the ser-vices shall be fixed by the Board ofControl. The contract or contractsauthorized shall be prepared by theDirector of Law, approved by theDirector of Aging, and certified bythe Director of Finance.

Section 4. That the cost of con-tract or contracts authorized shallbe paid from the fund or fundswhich are credited the proceeds ofthe grant accepted under this ordi-nance.



Ord. No. 99-04.By Council Members Britt and


ing the Director of Aging to applyfor and accept a grant from theMcGregor Foundation for theCHORE Program.



Section 1. That the Director ofAging is authorized to apply forand accept a grant in the approxi-mate amount of $26,000, and anyother funds that may become avail-able during the grant term fromthe McGregor Foundation to con-duct the CHORE Program; that theDirector is authorized to file allpapers and execute all documentsnecessary to receive the fundsunder the grant; and that the fundsare appropriated for the purposesset forth in the summary for thegrant contained in the filedescribed below.

Section 2. That the summary forthe grant, File No. 99-04-A, made apart of this ordinance as if fullyrewritten, is approved in all respects.



Ord. No. 262-04.By Council Members Gordon and

O’Malley.An emergency ordinance to amend

Sections 1 and 2 of Ordinance No.2453-03 passed December 15, 2003 asit pertains to authorizing the Direc-tor of Community Development toenter into a grant agreement withOld Brooklyn Neighborhood Ser-vices, Inc. for providing their OldBrooklyn Residential Safety andHealth program through the use ofWards 15 and 16 Neighborhood Equi-ty Funds.



Section 1. That Sections 1 and 2 ofOrdinance No. 2453-03, passed Decem-ber 15, 2003 are hereby amended toreads as follows:

Section 1. That the Director ofCommunity Development is autho-rized to enter into a grant agree-ment effective from January 1, 2004to December 31, 2004 with the OldBrooklyn Neighborhood Services forproviding their Old Brooklyn Resi-dential Safety and Health programin order to carry out the public pur-pose of providing educational pro-gramming to the residents of theCity of Cleveland through the use ofWards 15 and 16 Neighborhood Equi-ty Funds.

Section 2. That the cost of saidcontract shall be in an amount notto exceed $56,609.40 and shall bepaid from Fund No. 10 SF 166.

Section 2. That Sections 1 and 2 ofOrdinance No. 2453-03 passed Decem-ber 15, 2003 are hereby repealed.



Ord. No. 263-04.By Council Member Zone.An emergency ordinance authoriz-

ing the Director of CommunityDevelopment to enter into an agree-ment with Detroit Shoreway Com-munity Development Organizationfor the implementation of the Com-munity Forum Program through theuse of Ward 17 Neighborhood Equi-ty Funds.



Section 1. That the Director ofCommunity Development is autho-rized to enter into an agreementwith Detroit Shoreway CommunityDevelopment Organization for theimplementation of the CommunityForum Program for the public pur-pose of providing a strategic com-munity planning and assessmentprogram for Cleveland residents todevelop and promote sustainableneighborhoods in the City of Cleve-land through the use of Ward 17Neighborhood Equity Funds.

Section 2. That the cost of saidcontract shall be in an amount notto exceed $31,875 and shall be paidfrom Fund No. 10 SF 166.

Section 3. That the Director ofLaw shall prepare and approve saidcontract and that the contract shallcontain such terms and provisionsas he deems necessary to protect theCity’s interest.



Ord. No. 285-04.By Council Member Polensek.An emergency ordinance authoriz-

ing the Commissioner of Purchasesand Supplies to purchase propertylocated at 17306 Lakeshore Boule-vard which will be placed into theCity’s Land Reutilization Programfor future redevelopment, for theDepartment of Community De-velopment.

Whereas, the Director of Commu-nity Development has requested thepurchase of property located at17306 Lakeshore Boulevard whichwill be placed into the City’s LandReutilization Program for futureredevelopment; and



Section 1. That notwithstandingand as an exception to the provi-sions of Chapter 181 and 183 of theCodified Ordinances of Cleveland,Ohio, 1976, the Commissioner of Pur-chases and Supplies is authorized topurchase property located at 17306Lakeshore Boulevard, PermanentParcel No. 113-25-007, which will beplaced into the City’s Land Reuti-lization Program for future redevel-opment and more fully described asfollows:

P. P. No. 113-25-00717306 Lakeshore Boulevard

Situated in the City of Cleveland,County of Cuyahoga and State ofOhio, and known as being part of


407

Sublot Nos. 28 and 29 in Milton E.Bertram’s Boulevard Allotment ofpart of Original Euclid TownshipTract No. 15, as shown by therecorded plat in Volume 80 of Maps,Page 1 of Cuyahoga CountyRecords, and together forming aparcel of land bounded anddescribed as follows:

Beginning on the Westerly line ofEast 174th Street at a point 40 feetNortherly from the Southeasterlycorner of said Sublot No. 28;

Thence Northerly along the saidWesterly line of East 174th Street,139.98 feet to the Southerly end of aturnout between said Westerly lineand the Southerly line of Lake ShoreBoulevard;

Thence Northwesterly along saidturnout on a curved line deflectingto the left 31.44 feet to the Wester-ly end of said turnout;

Thence Westerly along said South-erly line of Lakeshore Boulevard86.98 feet;

Thence Southerly on a line paral-lel to the Westerly line of saidSublot No. 29, 96 feet;

Thence Westerly on a line paral-lel to the Southerly line of Lake-shore Boulevard, 1-1/2 feet;


Thence Easterly on a line paral-lel to the Southerly line of Lake-shore Boulevard; 1-1/2 feet;


Thence Easterly 107 feet to theplace of beginning as appears bysaid plat.

Section 2. That the Director ofCommunity Development is autho-rized to execute on behalf of theCity of Cleveland all necessary doc-uments to acquire the property andto employ and pay all fees for titlecompanies, surveys, escrows, ap-praisers, environmental audits, andall other costs necessary for theacquisition of the property.

Section 3. That the considerationto be paid for this property shall be$1.00 and other valuable considera-tions which is determined to be fairmarket value.

Section 4. That all costs of acqui-sition of land shall be paid fromFund No. 14 SF 029.

Section 5. That this ordinance isdeclared to be an emergency mea-

sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.


COUNCIL COMMITTEE

MEETINGS

Monday, March 8, 20042:00 a.m.

Finance Committee: Present inFinance: Jackson, Chair; Sweeney,Vice Chair; Pierce Scott, White,O’Malley, Brady, Britt, Coats, Gor-don, Westbrook. Authorized Ab-sence: Reed.

Wednesday, March 10, 200410:00 a.m.

Public Safety Committee: (CAN-CELLED).


408

IndexO—Ordinance; R—Resolution; F—File

Bold figures—Final Publication; D—Defeated; R—Reprint; T—Tabled; V—Vetoed;

Bold type in sections indicates amendments

Aging Department

CHORE Program — grant — McGregor Foundation (O 99-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

Community Navigator Program — grant — Cuyahoga County, Department of Senior and Adult

Services (O 98-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

Agreements

Neighborhood Leadership Institute — educational, recreational and cultural programs —

Director of Parks, Recreation and Properties (O 331-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361

AIDS

CDBG Year 30 under the Title I of the Housing and Community Development Act of 1974 —

2004 Federal Home Grant Program — Emergency Shelter Program — Housing

Opportunities for Persons with AIDS Program — grants — U. S. Department of Housing

and Urban Development (O 66-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

Annual Reports

Licenses and permits issued during the fiscal year of 2003 — Finance Department

(F 363-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Board of Control

HealthServe, LLC — invoice and collect fees — Division of Fire responding to motor

vehicle accidents — costs (O 317-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Board of Control — Cleveland Public Power Division

System Expansion Program at Ridge Road Substation and Transmission line

— Industrial Construction Co., Inc. in default BOC Res. 678-03 — contract to

Wagner-Smith Co. — Dept. of Public Utilities (BOC Res. 89-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

Underground duct line, streetlighting bases and pull boxes — acknowledge The Shelly Co.

acquisition of G.R. Osterland Company — Contract #60642 per BOC Res. 761-02 — Dept.

of Public Utilities (BOC Res. 88-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

Board of Control — Community Development Department

Hecker Avenue (Ward 7) — PPN 105-23-044 — to Billy Stuart per Ord. 1712-03

(BOC Res. 101-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

Miles Avenue (Ward 2) — PPN 136-20-001/002/003/004 — to Giltz and Associates, Inc. per

Ord. 43-03 (BOC Res. 102-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

Board of Control — Easements

City property in City of Warrensville Heights — per Ord. 2197-88, 1458-90, 1166-96 —

Chagrin Highlands, Ltd., Chagrin Highlands Community Association, Inc.

(BOC Res. 97-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397

Board of Control — Engineering and Construction Division

Sidewalks, driveway aprons, curbs, ramps, median strips, etc., repairing (West side) —

contract per Ord. 2329-03 to Perk Company, Inc. — Dept. of Public Service

(BOC Res. 92-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Sidewalks, driveway aprons, curbs, ramps, median strips, etc., repairing (East side) —

contract per Ord. 2329-03 to American International Corp. — Dept. of Public Service

(BOC Res. 93-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Board of Control — Finance Department

Easement rights of City property in City of Warrensville Heights — per Ord. 2197-88,

1458-90, 1166-96 — Chagrin Highlands, Ltd., Chagrin Highlands Community

Association, Inc. (BOC Res. 97-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397

Sell city property in City of Warrensville Heights — per Ord. 2197-88, 1458-90, 1166-96 —

Cleveland East Hotel LLC (BOC Res. 98-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397


Chagrin Highlands, Ltd. (BOC Res. 99-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397

Sell PPN 142-23-005 (Block A-3 of the Lee-Seville / Cleveland Outerbelt Industrial Park) —

amend BOC Res. 478-00, 852-00 and 135-01 (BOC Res. 100-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397

Wireless voice and data services — contract per Ord. 1714-03, 2224-03 to Nextel West

Corp. d.b.a., Nextel Communications — Division of Information Technology and

Services (BOC Res. 103-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

Board of Control — Information Technology and Services Division

Wireless voice and data services — contract per Ord. 1714-03, 2224-03 to Nextel

West Corp. d.b.a., Nextel Communications — Dept. of Finance

(BOC Res. 103-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

Board of Control — Land Reutilization Program


(BOC Res. 101-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398


Ord. 43-03 (BOC Res. 102-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

Board of Control — Land Reutilization Program (Ward 7)


(BOC Res. 101-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398


Ord. 43-03 (BOC Res. 102-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

Board of Control — Land Sales








409

Board of Control — Lee-Seville / Cleveland Outerbelt Industrial Park

Sell PPN 142-23-005 (Block A-3) — amend BOC Res. 478-00, 852-00 and 135-01

(BOC Res. 100-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397

Board of Control — Port Control Department

Guard services, unarmed security — amend BOC Res. 638-02 (BOC Res. 91-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

Board of Control — Public Improvement Contracts


contract per Ord. 2329-03 to Perk Company, Inc. — Division of Engineering and

Construction, Dept. of Public Service (BOC Res. 92-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396


contract per Ord. 2329-03 to American International Corp. — Division of Engineering

and Construction, Dept. of Public Service (BOC Res. 93-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

System Expansion Program at Ridge Road Substation and Transmission line —

Industrial Construction Co., Inc. in default BOC Res. 678-03 — contract to

Wagner-Smith Co. — Division of Cleveland Public Power, Dept. of

Public Utilities (BOC Res. 89-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

Board of Control — Public Service Department

Glass beads — contract per Ord. 371-03 to Potter Industries Inc. — Division of Traffic

Engineering (BOC Res. 94-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396


contract per Ord. 2329-03 to Perk Company, Inc. — Division of Engineering and

Construction (BOC Res. 92-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396


contract per Ord. 2329-03 to American International Corp. — Division of Engineering

and Construction (BOC Res. 93-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Traffic paint — contract per Ord. 371-03 to Sherwin Williams Company — Division of

Traffic Engineering (BOC Res. 95-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Traffic paint — per Ord. 371-03 — bids rejected — Division of Traffic Engineering

(BOC Res. 96-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Board of Control — Public Utilities Department

Pipe repair couplings — contract per C.O. Sec. 129.25 to Richmond Valve & Pipe Co., Inc. —

Division of Water (BOC Res. 90-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

System Expansion Program at Ridge Road Substation and Transmission line

— Industrial Construction Co., Inc. in default BOC Res. 678-03 — contract to

Wagner-Smith Co. — Division of Cleveland Public Power (BOC Res. 89-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395


acquisition of G.R. Osterland Company — Contract #60642 per BOC Res. 761-02 —

Division of Cleveland Public Power (BOC Res. 88-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

Board of Control — Purchases and Supplies Division

Easement rights of City property in City of Warrensville Heights — per Ord. 2197-88,

1458-90, 1166-96 — Chagrin Highlands, Ltd., Chagrin Highlands Community

Association, Inc. (BOC Res. 97-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397







Board of Control — Requirement Contracts

Glass beads — contract per Ord. 371-03 to Potter Industries Inc. — Division of Traffic

Engineering, Dept. of Public Service (BOC Res. 94-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Guard services, unarmed security — amend BOC Res. 638-02 — Dept. of Port

Control (BOC Res. 91-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395


Division of Water, Dept. of Public Utilities (BOC Res. 90-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395


410

Traffic paint — contract per Ord. 371-03 to Sherwin Williams Company — Division of

Traffic Engineering, Dept. of Public Service (BOC Res. 95-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396


acquisition of G.R. Osterland Company — Contract #60642 per BOC Res. 761-02 —

Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 88-04) . . . . . . . . . . . . . . . . . . . . . . . . . . 395

Wireless voice and data services — contract per Ord. 1714-03, 2224-03 to Nextel West

Corp. d.b.a., Nextel Communications — Division of Information Technology and

Services, Dept. of Finance (BOC Res. 103-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

Board of Control — Traffic Engineering Division

Glass beads — contract per Ord. 371-03 to Potter Industries Inc. — Dept. of Public

Service (BOC Res. 94-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Traffic paint — contract per Ord. 371-03 to Sherwin Williams Company — Dept. of Public

Service (BOC Res. 95-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Traffic paint — per Ord. 371-03 — bids rejected — Dept. of Public Service

(BOC Res. 96-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Board of Control — Water Division


Dept. of Public Utilities (BOC Res. 90-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

Board of Zoning Appeals — Report

Benwood Avenue, 14109, (Ward 1) — Fifth Christian Church c/o Minister Mack Rice, owner,

and Charles Kelley, agent — appeal postponed to 3/29/04 on 3/8/04

(Cal. 04-22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Eddy Road, 579, (Ward 10) — Everlasting Baptist Church, owner — appeal heard on 3/8/04

(Cal. 04-38) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Florida Avenue, 15209, (Ward 1) — Ebenezer Assembly of Christ Church, owner, c/o Pastor

Claude Cummings — appeal granted and adopted on 3/8/04

(Cal. 03-349) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Fullerton Avenue, 5700, (Ward 12) — Alex Lebovitch, owner — appeal granted and adopted

on 3/8/04 (Cal. 04-30) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Huntmere Avenue, 16207, (Ward 11) — Fred Brankow, owner — appeal heard on

3/8/04 (Cal. 04-36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Miles Avenue, 14700, (Ward 1) — Michael S. Sudman, Trustee, owner, and Sprint Sites USA,

lessee — appeal postponed to 5/3/04 on 3/8/04 (Cal. 04-39) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Superior Avenue, 2202, (Ward 13) — Renee and Brian Heller, owners — appeal granted and

adopted on 3/8/04 (Cal. 03-343) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Union Avenue, 6501-03, (Ward 12) — Jeffrey Oliver, Inc., owner — appeal postponed

to 3/22/04 on 3/8/04 (Cal. 04-34). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

West 33rd Street, 3200, (Ward 14) — Mercedarian Plaza LP c/o Catholic Charities Housing

Corporation, owner — appeal granted and adopted on 3/8/04

(Cal. 04-21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

West 41st Place, 2266, (Ward 14) — Phillip Erb, owner — appeal postponed to 3/22/04 on

3/8/04 (Cal. 04-35). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Board of Zoning Appeals — Schedule

East 105th Street, 1216-26, (Ward 8) — Bethany Baptist Church c/o Reverend Steven Rowan,

owner — appeal to be heard on 3/22/04 (Cal. 04-45) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

Lorain Avenue, 4142-46, (Ward 13) — Harry Pallas, owner — appeal to be heard on 3/22/04

(Cal. 04-46) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Lyric Avenue, 13835, (Ward 20) — Douglas Brown, owner — appeal to be heard on

3/22/04 (Cal. 04-47). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Osceola Avenue, 12319, (Ward 9) — Willie C. Hubbard, owner, and Beverly Mills, agent -

appeal to be heard on 3/22/04 (Cal. 04-44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

West 117th Street, 3465-69, (Ward 19) — Ralph and Denise Rescina, owners, and Angela

Paluch, tenant — appeal to be heard on 3/22/04 (Cal. 04-48) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Bridges

Right-of-way assessment services — property appraisals — amendments to contracts

— bridge rehabilitation contracts (O 327-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360


411

Budget

Expenses — fiscal year ending December 31, 2004 (O 115-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387

Building Code

Statewide uniform building code — House Bill 386 — oppose (R 284-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405

City of Cleveland Bids

Bessemer Avenue extension (E. 65th St. to E. 55th St.) — Department of Public Service —

Division of Engineering and Construction — per Ord. 1655-99, 2335-03 — bid

due April 1, 2004 (advertised 3/10/2004 and 3/17/2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Carpeting — Department of Public Utilities — Division of Cleveland

Public Power — per Ord. 2025-02 — bid due March 25, 2004

(advertised 3/3/2004 and 3/10/2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

East 4th Street rehabilitation (Euclid Ave. to Prospect Ave.) — Department of Public

Service — Division of Engineering and Construction — per Ord. 1489-03 — bid due

March 25, 2004 (advertised 3/10/2004 and 3/17/2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Lorain Avenue (W. 65th St. to W. 41st St); Lakeside Avenue (W. 6th St. to E. 9th St.);

Van Aken Boulevard (Shaker Blvd. to Buckeye Rd.) rehabilitation — Department

of Public Service — Division of Engineering and Construction

— per Ord. 2090-03, 2241-03 — bid due March 26, 2004

(advertised 3/10/2004 and 3/17/2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Oil / water separators, sewers, electrical vaults, holding tanks, appurtenances, cleaning

and maintenance — testing and disposal of waste materials — Department

of Port Control — per Ord. 1218-03 — bid due March 31, 2004

(advertised 3/3/2004 and 3/10/2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Pedestrian LED traffic signal units — Department of Public Service — Division of

Traffic Engineering — per Ord. 371-03 — bid due March 24, 2004

(advertised 3/10/2004 and 3/17/2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Snow removal equipment cleaning and maintenance — Department of Port Control — per Ord.

1888-03 — bid due March 31, 2004 (advertised 3/3/2004 and 3/10/2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Spray paint booth — Department of Public Service — Division of Traffic Engineering — per

Ord. 1424-02 — bid due March 24, 2004 (advertised 3/10/2004 and 3/17/2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Waste Collection Facility site improvements — Department of Public Service —

Division of Architecture — per Ord. 833-02 — bid due March 31, 2004

(advertised 3/10/2004 and 3/17/2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

City Planning Commission

Brooklyn, City of — agreement — uses and districts — common boundaries — zoning laws

(O 7-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405

Kinsman Rd. & Union Ave. (from E. 130th St. to E. 139th St.) — change the zoning

— Residence-Office Use District — “B” Area District — “1” Height District (O 10-04) . . . . . . . . . . . . . . . . . . . . . 386

Kinsman Rd. (between E. 137th St. & E. 146th St.) — change the zoning — Local Retail

Business Use District — “1” Height District (O 11-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386

Kinsman Rd. (E. 152nd to E. 153rd Sts.) — change the zoning — RA-2 Townhouse Use

District (O 8-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386

Kinsman Rd. (north, between E. 132nd & E. 134th) — change the zoning — Multi-Family Use

District — “C” Area District — “1” Height District (O 9-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386

Kinsman Rd. — from E. 117th to E. 123rd Sts. & between E. 125th & E. 126th Sts. —

change zoning (O 2458-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386

Lakewood, City of — agreement — uses and districts — common boundaries — zoning laws

(O 44-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

Linndale, City of — agreement — uses and districts — common boundaries — zoning laws (O 45-04) . . . . . . . . . . . 406

Norfolk and Western Rail Right of Way — between Octavia Rd & Clarkstone Rd — change the

zoning — Residence-Industry Use District — “2” Height District (O 2407-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386

St. Clair Business Revitalization District — establish (O 342-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378

Superior Ave. — between E. 114th & Lakeview — change the zoning — Local Retail

Business District (O 343-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378

Superior Ave. — between Parkwood & E. 115th St. — change the zoning — Multi-Family

Residential Use District (O 344-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379

Union Ave. — from E. 116th to E. 127th Sts. — & Union Ave. and East 124th (southeast

corner) — change the zoning (O 2457-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386

W. 77th and W. 79th Sts. — north of Madison Ave. — change the zoning — Multi-Family

Residential Use District — “E” Area (O 215-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377-T

W. 79th St. — between Ferrell Ave. & Madison Ave. — change the zoning —

Multi-Family Residential Use District — Parking District — “E” Area (O 215-A-04) . . . . . . . . . . . . . . . . . . . . . . 377


412

Civil Service Commission

Galindo, Reynaldo — oath of office — Member (F 390-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Krupka, Jonalyn M. — oath of office — Secretary (F 392-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Preston, Jr., Reverend Earl — oath of office — member (F 391-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Cleveland Clinic Foundation

Notice of Operations for calendar year 2003 (F 369-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Cleveland Hopkins International Airport

Anthony Allega Inc. — contract — repair or replacement of a pipe — under Pad 1

adjacent to Taxiway J (O 348-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

Terminal flooring — replace — supplement Ord. No. 1686-03 (O 349-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

Cleveland Housing Network

Cleveland Housing Network Limited Partnership XXI — Council’s support — affordable

housing — Ohio Housing Finance Agency (R 259-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402

Cleveland Municipal Court

ACS State & Local Solutions, Inc. — contracts — parking infraction tickets

and judgements (O 337-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364

Changes as a result of the November 2003 election (F 364-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Iron Mountain/National Underground Storage, Inc. — contract (O 321-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

Codified Ordinances

Definitions and identification badges — amend Sects. 571.01 and 571.061 (O 325-04) . . . . . . . . . . . . . . . . . . . . . . . . . . 359

Fingerprinting — new Sec. 571.062 (O 326-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360

Legionella bacteria — enact Sects. 216.01 to 216.03 and 219.99 (O 338-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364

Newspaper dispensing devices — notice of location permit application, insurance,

renewal, fee — amend Sec. 680.03 (O 1805-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

Communications

50/50 hazardous sidewalk repair program — rules and regulations — Division

of Engineering & Construction (F 371-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Akron, City of — copy of Resolution No. 40-2004 — supporting Senate Bill 177

(F 367-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Brady, Dona, Council Member Ward 19 — request vote recorded as a yea — council meeting

March 1, 2004 (F 362-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Changes as a result of the November 2003 election — Cleveland Municipal Court

(F 364-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Dominion Cleveland Thermal, LLC Application for Approval of New Load Steam Service

Agreement (F 368-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Huntington Bank — Concord newsletter (F 365-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Licenses and permits issued during the fiscal year of 2003 — Annual report — Finance

Department (F 363-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Monitoring and Enforcement Living Wage Law — C.O. 186.05 — Living Wage Coordinator

(F 370-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Notice of Operations for calendar year 2003 — Cleveland Clinic Foundation (F 369-04) . . . . . . . . . . . . . . . . . . . . . . . 356

Pension Benefit Guaranty Corporation — response to Resolution No. 121-04 (F 121-04-A) . . . . . . . . . . . . . . . . . . . . . . 355

Solon, City of — copy of Resolution No. 2004-47 — opposing House Bill 208 (F 366-04) . . . . . . . . . . . . . . . . . . . . . . . . . 355

Community Development

Alonzo and Oakdale Ave. — Land Reutilization Program — Amistad Development Corporation

(O 340-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374

Arbor Park Village — Phase III redevelopment — public improvement — New Longwood

Associates L.P. and/or Arbor Park Phase Three Associates, L.P. — agreement —

cooperate with cost (O 335-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363






413

Community Parenting Program — amend Ord. No. 2338-02 — amended by Ord. No. 256-03 —

Ward 8 NEF (O 345-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

Detroit Shoreway Community Development Organization — Community Forum Program — Ward

17 NEF (O 263-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

E 61st, 63rd, and 66th Sts. — Land Reutilization Program — Burten, Bell, Carr

Development, Inc. (O 339-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365

E. 47th St. — Land Reutilization Program — Plaza Development, Inc. (O 352-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375

E. 70th St. — Land Reutilization Program — LLLJ. LTD. (O 354-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376

E. 87th St. — Land Reutilization Program — Belinda Marie Hill (O 353-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376

Lakeshore Blvd., 17306 — purchase and placed into City’s Land Reutilization Program —

future redevelopment (O 285-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

Old Brooklyn Neighborhood Services, Inc. — grant agreement — Old Brooklyn Residential

Safety and Health program — amend Ord. No. 2453-03 (O 262-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

Ostend Ave. — Land Reutilization Program — Maher J. Ali (O 341-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375

Community Development Block Grant Program

Community Development Block Grant funding, 2005 — opposing plan to eliminate

— President George W. Bush (R 256-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401

Condolences

Brooks, Sam A. (R 394-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Bush, Jerry (R 403-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Byrd, William Carlos (R 397-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Eng, Stanley (R 393-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Green, Louis Renard (R 398-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Hodge, Barbara Jane (R 396-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Holmes, Cleo Tucker (R 400-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Mazurek, Ann Raphael (R 401-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

McGlothan, Pastor Howard (R 399-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Pianka, Wilma Lee (R 402-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Thornton, Myron Theresa (R 395-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

White, Irvin L. (R 404-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Congratulations

Mason, James L. (R 407-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Perry, Ernestine (R 405-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward, Jr., Bishop Eugene W. (R 406-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Contracts

ACS State & Local Solutions, Inc. — Cleveland Municipal Court — parking infraction

tickets and judgements (O 337-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364

Anthony Allega Inc. — repair or replacement of a pipe — under Pad 1 adjacent to Taxiway

J — Cleveland Hopkins International Airport (O 348-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

Cleveland Municipal Football Association — city-wide football program (O 333-04) . . . . . . . . . . . . . . . . . . . . . . . . . . 362

Forensic investigations — various material supply contacts — auditing services

(O 254-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385



Iron Mountain/National Underground Storage, Inc. — Cleveland Municipal Court (O 321-04) . . . . . . . . . . . . . . . . . . 358

Salvation Army — recreational services in Ward 11 (O 332-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362

SBC Ohio — Ohio Bell Telephone Company — pay telephones at various City facilities

(O 318-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357

Criminal Justice Services

Team Approach to Violence Against Women Program — Prosecution, 2004 — grant (O 322-04) . . . . . . . . . . . . . . . . 358

Team Approach to Violence Against Women Program — Law Enforcement, 2004 — grant

— Cuyahoga County (O 328-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361

Cuyahoga County

Team Approach to Violence Against Women Program — Prosecution, 2004 — grant — Criminal

Justice Services Agency (O 322-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358


(O 328-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361


414

Detroit Shoreway Community Development Organization

Community Forum Program — Ward 17 NEF (O 263-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

Economic Development Department

CMC & M Inc. — Enterprise Zone Agreement — new personal property — 17109 South Miles

Road (O 336-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363

Engineering and Construction Division

50/50 hazardous sidewalk repair program — rules and regulations (F 371-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Enterprise Zone Agreement

CMC & M Inc. — new personal property — 17109 South Miles Road (O 336-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363

Famicos Foundation

Council’s support — affordable housing — Ohio Housing Finance Agency (R 258-04) . . . . . . . . . . . . . . . . . . . . . . . . 401

Fees



Finance Department

ACS State & Local Solutions, Inc. — contracts — Cleveland Municipal Court — parking

infraction tickets and judgements (O 337-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364

Expenses — fiscal year ending December 31, 2004 (O 115-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387

Group I, II, and III photocopiers — lease — various divisions (O 319-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357



Iron Mountain/National Underground Storage, Inc. — contract — Cleveland Municipal Court

(O 321-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

Landscape materials — purchase — various divisions (O 320-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357

Licenses and permits issued during the fiscal year of 2003 — Annual report — Finance

Department (F 363-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

SBC Ohio — Ohio Bell Telephone Company — contract — pay telephones at various City

facilities (O 318-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357

Fire Division

Cost recovery system — encourage administration to establish — City to bill motor

vehicle insurance companies — Division of Fire responding to motor vehicle

collisions and incidents (R 356-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383



Funds



Grants



Opportunities for Persons with AIDS Program — U. S. Department of Housing and Urban

Development (O 66-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

CHORE Program — McGregor Foundation (O 99-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

Community Navigator Program — Cuyahoga County, Department of Senior and Adult Services

(O 98-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

Team Approach to Violence Against Women Program — Prosecution, 2004 — Criminal Justice

Services Agency (O 322-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

Team Approach to Violence Against Women Program — Law Enforcement, 2004 — Cuyahoga

County (O 328-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361


415

Health Department

Legionella bacteria — enact Sections 216.01 to 216.03 and 219.99 (O 338-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364

House Bill

Declaration of the boundaries of the land and waters of Lake Erie — House Bill 218 —

oppose (R 358-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384

House Bill 278 oppose — grant all power to regulate — oil and gas wells — Ohio

Department of Natural Resources (R 301-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405


Housing





Insurance

Insurance Discrimination — Ohio Civil Rights Commission grant the Housing Advocates

request for reconsideration — seven charges of discrimination (R 357-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383

Land Reutilization Program

Alonzo and Oakdale Ave. — Amistad Development Corporation (O 340-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374

E 61st, 63rd, and 66th Sts. — Burten, Bell, Carr Development, Inc. (O 339-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365

E. 47th St. — Plaza Development, Inc. (O 352-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375

E. 70th St. — LLLJ. LTD. (O 354-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376

E. 87th St. — Belinda Marie Hill (O 353-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376



Ostend Ave. — Maher J. Ali (O 341-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375

Law Department

Team Approach to Violence Against Women Program — Prosecution, 2004 — grant — Criminal

Justice Services Agency (O 322-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

Leases

Group I, II, and III photocopiers — various divisions (O 319-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357

Liquor Permits

Buckeye Rd., 11618 — Liquor Agency Contract — (Ward 4) (F 389-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Buckeye Rd., 11618 — transfer (Ward 4) (F 386-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Buckeye Rd., 12302 — objection (Ward 4) (R 277-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403

Buckeye Rd., 12302 — objection (Ward 4) (R 278-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403

Denison Ave., 6501 — new (Ward 16) (F 376-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

E. 110th St., 2609 — objection — withdraw (Ward 6) (R 275-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402

E. 131st St., 4025 — transfer (Ward 3) (F 385-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

E. 152nd St., 1010 — objection — withdraw (Ward 10) (R 360-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

E. 93rd St., 3230 — objection (Ward 5) (R 283-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405

Euclid Ave., 11111 — transfer (Ward 9) (F 388-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Euclid Ave., 18325 — new (Ward 10) (F 372-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Harvard Ave., 7910 — objection (Ward 2) (R 282-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404

Holmes Ave., 15638 — objection — withdraw ( Ward 11) (R 280-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404

Juniper Rd., 1619 — transfer (Ward 9) (F 387-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Lakewood Hts Blvd., 13501 — transfer (Ward 19) (F 380-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Lorain Ave., 12702 — transfer (Ward 19) (F 379-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Lorain Ave., 14039 — new (Ward 21) (F 378-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Lorain Ave., 6520 — objection — withdraw (Ward 17) (R 281-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404

Madison Ave., 10510-12 — objection (Ward 19) (R 359-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384

Riverside Dr., 5300 — new (Ward 20) (F 377-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

St. Clair Ave., 6710 — objection — withdraw (Ward 13) (R 276-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403


416

Superior Ave., 11625 — new (Ward 9) (F 373-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Superior Ave., 11625 — objection (Ward 9) (R 361-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

Superior Ave., 8023 — transfer (Ward 7) (F 384-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Union Ave., 9901-03 — transfer (Ward 5) (F 382-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Van Aken Blvd., 2742 — objection — withdraw (Ward 4) (R 279-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404

W. 25th St., 3474 — new (Ward 15) (F 375-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

W. Superior Ave., 740 — transfer (Ward 13) (F 381-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Waterloo Ave., 15222 — new (Ward 11) (F 374-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Western Ave., 11121 — transfer (Ward 19) (F 383-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Living Wage

Monitoring and Enforcement Living Wage Law — C.O. 186.05 — Living Wage Coordinator

(F 370-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Neighborhood Equity Funds


Ward 8 (O 345-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

Detroit Shoreway Community Development Organization — Community Forum Program — Ward

17 (O 263-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407



Newspaper Dispensing Devices

Newspaper dispensing devices — notice of location permit application, insurance,

renewal, fee — amend Sec. 680.03 (O 1805-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

Oath of Office

Galindo, Reynaldo — Member of the Civil Service Commission (F 390-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Krupka, Jonalyn M. — Secretary of the Civil Service Commission (F 392-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Preston, Jr., Reverend Earl — member of the Civil Service Commission. (F 391-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ohio Department of Natural Resources

House Bill 278 oppose — grant all power to regulate — oil and gas wells

(R 301-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405

Ohio Housing Finance Agency


housing (R 259-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402

Detroit Shoreway Community Development Organization — Council’s support — affordable

housing (R 261-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386-402

Erie Square Apartments, L.P. — Council’s support — affordable housing

(R 257-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401

Famicos Foundation — Council’s support — affordable housing (R 258-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401

Glenbrooke Homes III, L.P. — Council’s support — low-income housing tax credits

(R 255-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Hough Homes L.P. — Council’s support — affordable housing (R 260-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402

Phyllis Wheatley Association — Council’s support — for-sale housing units

(R 355-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383

Parks, Recreation and Properties Department

Cleveland Municipal Football Association — contract — city-wide football program

(O 333-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362

Neighborhood Leadership Institute — agreement — educational, recreational and cultural

programs (O 331-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361

Pool chemicals — purchase — Division of Recreation (O 330-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361

Roberto Clemente Park — expansion — purchase property (O 334-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362

Salvation Army — contract — recreational services in Ward 11 (O 332-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362

Temporary and seasonal personnel — temporary employment agencies

(O 329-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361


417

Pensions

Pension Benefit Guaranty Corporation — response to Resolution No. 121-04

(F 121-04-A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Permits

St. Malachi Run (5 and 2 Mile) — Hermes Race Systems (O 346-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

Port Control Department

Anthony Allega Inc. — contract — repair or replacement of a pipe — under Pad 1

adjacent to Taxiway J — Cleveland Hopkins International Airport

(O 348-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

Definitions and identification badges — amend Sections 571.01 and 571.061

(O 325-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359

Fingerprinting — new Section 571.062 (O 326-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360

Terminal flooring — replace — supplement Ord. No. 1686-03 — Cleveland Hopkins

International Airport (O 349-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

Purchases and Supplies Division




Recognition

Ballard, Kaye (R 408-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Few, Preston (R 410-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Lynum, Reverend Adrian T. (R 409-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Middleton, Todd D. (R 412-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Roberts, Sarah (R 411-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Resolutions — Miscellaneous





Cost recovery system — encourage administration to establish — City to bill motor

vehicle insurance companies — Division of Fire responding to motor vehicle

collisions and incidents (R 356-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383

Declaration of the boundaries of the land and waters of Lake Erie — House Bill 218 —

oppose (R 358-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384


housing — Ohio Housing Finance Agency (R 261-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386-402

Erie Square Apartments, L.P. — Council’s support — affordable housing — Ohio Housing

Finance Agency (R 257-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401

Famicos Foundation — Council’s support — affordable housing — Ohio Housing Finance

Agency (R 258-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401

Glenbrooke Homes III, L.P. — Council’s support — low-income housing tax credits — Ohio

Housing Finance Agency (R 255-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Hough Homes L.P. — Council’s support — affordable housing — Ohio Housing Finance

Agency (R 260-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402

House Bill 278 oppose — grant all power to regulate — oil and gas wells — Ohio

Department of Natural Resources (R 301-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405

Insurance Discrimination — Ohio Civil Rights Commission grant the Housing Advocates

request for reconsideration — seven charges of discrimination

(R 357-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383

Phyllis Wheatley Association — Council’s support — for-sale housing units — Ohio




418

Safety Department




— Cuyahoga County (O 328-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361

Salvation Army

Recreational services in Ward 11 — contract — (O 332-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362

Service Department




Right-of-way assessment services — property appraisals — amendments to contracts

— bridge rehabilitation contracts (O 327-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360

W. 41st St. — from Schiller Ave. to Archmere Ave. — relay and repair — sidewalks,

driveway aprons and curbs (R 350-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382

W. 88th St. — from Clark Ave. to Denison Ave. — relay and repair — sidewalks, driveway

aprons and curbs (R 351-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382

Sidewalks





Tabled Legislation



Utilities Department




Denison Avenue water main — public improvement (O 324-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359

Forensic investigations — various material supply contacts — auditing services —

contract (O 254-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

Nottingham Flocculation/Sedimentation/Residuals Project —public improvement —

apply for and accept — Water Supply Revolving Loan Account loan

(O 323-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

Ward 01

Alonzo and Oakdale Ave. — Land Reutilization Program — Amistad Development Corporation

(O 340-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374

Byrd, William Carlos — condolence (R 397-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

CMC & M Inc. — Enterprise Zone Agreement — new personal property — 17109 South Miles

Road (O 336-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363

Green, Louis Renard — condolence (R 398-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Hodge, Barbara Jane — condolence (R 396-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Pianka, Wilma Lee — condolence (R 402-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Thornton, Myron Theresa — condolence (R 395-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward 02

Harvard Ave., 7910 — objection — liquor permit (R 282-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404

Hodge, Barbara Jane — condolence (R 396-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356



419

Ward 03

E. 131st St., 4025 — transfer — liquor permit (F 385-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Few, Preston — recognition (R 410-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356


— Residence-Office Use District — “B” Area District — “1” Height District

(O 10-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386




District (O 8-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386




change zoning (O 2458-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386


Roberts, Sarah — recognition (R 411-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356



Ward, Jr., Bishop Eugene W. — congratulation (R 406-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward 04

Buckeye Rd., 11618 — Liquor Agency Contract (F 389-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Buckeye Rd., 11618 — transfer — liquor permit (F 386-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Buckeye Rd., 12302 — objection — liquor permit (R 277-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403

Buckeye Rd., 12302 — objection — liquor permit (R 278-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403




Van Aken Blvd., 2742 — objection — withdraw — liquor permit (R 279-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404

Ward 05




Brooks, Sam A. — condolence (R 394-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356



E 61st, 63rd, and 66th Sts. — Land Reutilization Program — Burten, Bell, Carr

Development, Inc. (O 339-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365

E. 93rd St., 3230 — objection — liquor permit (R 283-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405

Phyllis Wheatley Association — Council’s support — for-sale housing units — Ohio



Union Ave., 9901-03 — transfer — liquor permit (F 382-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward 06

E. 110th St., 2609 — objection — withdraw — liquor permit (R 275-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402

Erie Square Apartments, L.P. — Council’s support — affordable housing — Ohio Housing

Finance Agency (R 257-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401

Lynum, Reverend Adrian T. — recognition (R 409-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356


Ward 07

E. 47th St. — Land Reutilization Program — Plaza Development, Inc.

(O 352-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375

E. 70th St. — Land Reutilization Program — LLLJ. LTD. (O 354-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376

E. 87th St. — Land Reutilization Program — Belinda Marie Hill (O 353-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376

Hough Homes L.P. — Council’s support — affordable housing — Ohio Housing Finance

Agency (R 260-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402


Superior Ave., 8023 — transfer — liquor permit (F 384-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356


420

Ward 08

Bush, Jerry — condolence (R 403-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356


Ward 8 NEF (O 345-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

Glenbrooke Homes III, L.P. — Council’s support — low-income housing tax credits — Ohio


Holmes, Cleo Tucker — condolence (R 400-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ostend Ave. — Land Reutilization Program — Maher J. Ali (O 341-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375

Perry, Ernestine — congratulation (R 405-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356





White, Irvin L. — condolence (R 404-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward 09

Euclid Ave., 11111 — transfer — liquor permit (F 388-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Juniper Rd., 1619 — transfer — liquor permit (F 387-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356




Superior Ave., 11625 — new — liquor permit (F 373-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Superior Ave., 11625 — objection — liquor permit (R 361-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

Ward 10

E. 152nd St., 1010 — objection — withdraw — liquor permit (R 360-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

Euclid Ave., 18325 — new — liquor permit (F 372-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

McGlothan, Pastor Howard — condolence (R 399-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Norfolk and Western Rail Right of Way — between Octavia Rd & Clarkstone Rd — change the

zoning — Residence-Industry Use District — “2” Height District

(O 2407-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386


Ward 11

Holmes Ave., 15638 — objection — withdraw — liquor permit (R 280-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404




Salvation Army — contract — recreational services in Ward 11 (O 332-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362

Waterloo Ave., 15222 — new — liquor permit (F 374-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward 12


Ward 13

Eng, Stanley — condolence (R 393-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Famicos Foundation — Council’s support — affordable housing — Ohio Housing Finance

Agency (R 258-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401


St. Clair Ave., 6710 — objection — withdraw — liquor permit (R 276-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403


St. Malachi Run (5 and 2 Mile) — permit — Hermes Race Systems (O 346-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381

W. Superior Ave., 740 — transfer — liquor permit (F 381-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward 14




421

Ward 15



O’Kenney, Michael — welcome (R 347-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356




W. 25th St., 3474 — new — liquor permit (F 375-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward 16

Denison Ave., 6501 — new — liquor permit (F 376-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356






Ward 17

Detroit Shoreway Community Development Organization — Community Forum Program —

NEF (O 263-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407


housing — Ohio Housing Finance Agency (R 261-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386-402

Lorain Ave., 6520 — objection — withdraw — liquor permit (Ward 17) (R 281-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404





Multi-Family Residential Use District — Parking District — “E” Area

(O.215-A-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377

Ward 18

Ballard, Kaye — recognition (R 408-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356




Ward 19

Brady, Dona, Council Member — request vote recorded as a yea — council meeting March

1, 2004 (F 362-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Lakewood Hts Blvd., 13501 — transfer — liquor permit (F 380-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Linndale, City of — agreement — uses and districts — common boundaries — zoning laws

(O 45-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

Lorain Ave., 12702 — transfer — liquor permit (F 379-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Madison Ave., 10510-12 — objection — liquor permit (R 359-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384


Western Ave., 11121 — transfer — liquor permit (F 383-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward 20

Mason, James L. — congratulation (R 407-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Mazurek, Ann Raphael — condolence (R 401-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Middleton, Todd D. — recognition (R 412-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356


Riverside Dr., 5300 — new — liquor permit (F 377-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Ward 21

Lorain Ave., 14039 — new — liquor permit (F 378-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356



422

Water Division


Nottingham Flocculation/Sedimentation/Residuals Project —public improvement — apply for

and accept — Water Supply Revolving Loan Account loan (O 323-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

Water Mains


Welcome

O’Kenney, Michael (R 347-04). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

Zoning


— Residence-Office Use District — “B” Area District — “1” Height District

(O 10-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386




District (O 8-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386




change zoning (O 2458-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386











Multi-Family Residential Use District — Parking District — “E” Area

(O.215-A-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377

Zoning Code

Brooklyn, City of — agreement — uses and districts — common boundaries — zoning laws

(O 7-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405

Lakewood, City of — agreement — uses and districts — common boundaries — zoning laws

(O 44-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

Linndale, City of — agreement — uses and districts — common boundaries — zoning laws

(O 45-04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406


423

the city record - dln · 2012. 3. 20. · water – julius ciaccia, jr., commissioner water...

Documents