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2009-11-11.txt
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The City Record
Official Publication of the Council of the City of Cleveland
November the Eleventh, Two Thousand and Nine
Frank G. Jackson
The City Record is available online at
www.clevelandcitycouncil.org
Mayor
Martin J. Sweeney
President of Council
Patricia J. Britt
City Clerk, Clerk of Council
Ward
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Name
Terrell H. Pruitt
Nathaniel K. Wilkes
Zachary Reed
Kenneth L. Johnson
Phyllis E. Cleveland
Mamie J. Mitchell
TJ Dow
Shari L. Cloud
Kevin Conwell
Eugene R. Miller
Michael D. Polensek
Anthony Brancatelli
Joe Cimperman
Joseph Santiago
Brian J. Cummins
Kevin J. Kelley
Matthew Zone
Jay Westbrook
Dona Brady
Martin J. Sweeney
Martin J. Keane
Printed on Recycled Paper
Containing
PAGE
City Council
The Calendar
Board of Control
Civil Service
Board of Zoning Appeals
Board of Building Standards
and Building Appeals
Public Notice
Public Hearings
City of Cleveland Bids
Adopted Resolutions
and Ordinances
Committee Meetings
Index
3
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28
DIRECTORY OF CITY OFFICIALS
CITY COUNCIL – LEGISLATIVE
President of Council – Martin J. Sweeney
Ward
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Name
Residence
Terrell H. Pruitt ..................................................3877 East 189th Street
44122
Nathaniel K. Wilkes ...........................................8410 Vineyard Avenue
44105
Zachary Reed .....................................................3734 East 149th Street
44120
Kenneth L. Johnson...............................................2948 Hampton Road
44120
Phyllis E. Cleveland .............................................2369 East 36th Street
44105
Mamie J. Mitchell.................................12701 Shaker Boulevard, #712
44120
TJ Dow..................................................................8323 Pulaski Avenue
44103
Shari L. Cloud ......................................................1152 East 98th Street
44108
Kevin Conwell ..................................................10647 Ashbury Avenue
44106
Eugene R. Miller ...................................................13615 Kelso Avenue
44110
Michael D. Polensek..............................................17855 Brian Avenue
44119
Anthony Brancatelli..................................................6924 Ottawa Road
44105
Joe Cimperman..............................................................P.O. Box 91688
44101
Joseph Santiago ...................................................3169 West 14th Street
44109
Brian J. Cummins ............................................3104 Mapledale Avenue
44109
Kevin J. Kelley ..............................................6608 Woodhaven Avenue
44144
Matthew Zone .....................................................1228 West 69th Street
44102
Jay Westbrook ...................................................1278 West 103rd Street
44102
Dona Brady ..........................................................1272 West Boulevard
44102
Martin J. Sweeney.............................................3632 West 133rd Street
44111
Martin J. Keane......................................................15907 Colletta Lane
44111
City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840
First Assistant Clerk — Sandra Franklin
MAYOR – Frank G. Jackson
Ken Silliman, Secretary to the Mayor, Chief of Staff
Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer
Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs
Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development
Monyka S. Price, Executive Assistant to the Mayor, Chief of Education
Maureen Harper, Executive Assistant to the Mayor, Chief of Communications
Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary
Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability
Natoya J. Walker, Interim Director, Office of Equal Opportunity
DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel,
Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106
Karen E. Martines, Law Librarian, Room 100
DEPT. OF FINANCE – Sharon Dumas, Director, Room 104;
Frank Badalamenti, Manager, Internal Audit
DIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19
Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122
City Treasury – ________________, Treasurer, Room 115
Financial Reporting and Control – James Gentile, Controller, Room 18
Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair
Avenue
Purchases and Supplies – James E. Hardy, Commissioner, Room 128
Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue
Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue
DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Interim Director, 1201 Lakeside Avenue
DIVISIONS – 1201 Lakeside Avenue
Cleveland Public Power – Ivan Henderson, Commissioner
Street Lighting Bureau – ______________, Acting Chief
Utilities Fiscal Control – Dennis Nichols, Commissioner
Water – John Christopher Nielson, Commissioner
Water Pollution Control – Ollie Shaw, Commissioner
DEPT. OF PORT CONTROL – Ricky D. Smith, Director
Cleveland Hopkins International Airport, 5300 Riverside Drive
Burke Lakefront Airport – Khalid Bahhur, Commissioner
Cleveland Hopkins International Airport – Fred Szabo, Commissioner
DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113
DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517
Engineering and Construction – _________, Commissioner, Room 518
Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards
Streets – Randell T. Scott, Commissioner, Room 25
Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1
Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue
DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 75 Erieview Plaza
DIVISIONS: Air Quality – Richard L. Nemeth, Commissioner
Environment – Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza
Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza
DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230
DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street
Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd.
Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive
Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue
Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street
DEPT. OF PARKS, RECREATION & PROPERTIES – Michael Cox, Director
Cleveland Convention Center, Clubroom A, 1220 East 6th Street
DIVISIONS: Convention Center & Stadium – James Glending, Commissioner
Public Auditorium, East 6th Street and Lakeside Avenue
Parking Facilities – Leigh Stevens, Commissioner
Public Auditorium, East 6th Street and Lakeside Avenue
Park Maintenance and Properties – Richard L. Silva, Commissioner
Public Auditorium – East 6th Street and Lakeside Avenue
Property Management – Tom Nagle, Commissioner, East 49th Street & Harvard
Recreation – Kim Johnson, Commissioner, Room 8
Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road
Burke Lakefront Airport
DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City Hall
DIVISIONS: Administrative Services – Terrence Ross, Commissioner
Neighborhood Services – Louise V. Jackson, Commissioner
Neighborhood Development – Joseph A. Sidoti, Commissioner
DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500
DIVISIONS: Code Enforcement – Tyrone L. Johnson, Commissioner
Construction Permitting – Timothy R. Wolosz, Commissioner
DEPT. OF PERSONNELAND HUMAN RESOURCES – Trudy Hutchinson, Director, Room 121
DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210
DEPT. OF AGING – Jane Fumich, Director, Room 122
DEPT. OF CONSUMER AFFAIRS – Omayra G. Feliciano, Acting Director
COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G.
Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman
Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman
Matthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry,
Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, 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. Earl
Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing,
Michael L. Nelson.
SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin
J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director.
BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John
Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, _____________, Secretary.
BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F.
Denk, Chairman; ____________, Arthur Saunders, Alternate Members – D. Cox, P.
Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan.
BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President;
Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney.
BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Robert
J. Triozzi; Councilman ______________.
BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities
Director _______________; Council President Martin J. Sweeney.
CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J.
Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean
Pinkney, Norman Krumholz, Council Member Joe Cimperman.
FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela
Caldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council
Member ____________, Ed Romero.
FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L.
Render, Genesis O. Brown.
HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie
Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan,
David Perkowski, Joan Shaver Washington, Keith Sutton.
CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman;
Clint Martin, Mark Rivera.
MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance
Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin
Kelley.
POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel
Whalen, Nancy Cronin, Elvin Vauss.
CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; Laura
M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Allan
Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert
Keiser, Secretary.
AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Downing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert J. Triozzi.
CLEVELAND MUNICIPAL COURT
JUSTICE CENTER – 1200 ONTARIO STREET
JUDGE COURTROOM ASSIGNMENTS
Judge
Courtroom
Presiding and Administrative Judge Ronald B. Adrine
15A
Judge Marilyn B. Cassidy
12B
Judge Emanuella Groves
13A
Judge Michelle D. Earley
12A
Judge Kathleen Ann Keough
14B
14C
Judge Anita Laster Mays
Judge Lauren C. Moore
14A
13D
Judge Charles L. Patton, Jr.
13B
Judge Raymond L. Pianka (Housing Court Judge)
Judge Michael John Ryan
12C
15C
Judge Angela R. Stokes
Judge Pauline H. Tarver
13C
Judge Joseph J. Zone
14D
Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J.
Mizerak – Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief
Magistrate
The City Record
OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND
WEDNESDAY, NOVEMBER 11, 2009
Vol. 96
No. 5005
CITY COUNCIL
MONDAY, NOVEMBER 9, 2009
The City Record
Published 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
PATRICIA J. BRITT
City Clerk, Clerk of Council
216 City Hall
PERMANENT SCHEDULE
STANDING COMMITTEES
OF THE COUNCIL
2006-2009
MONDAY — Alternating
9:30 A.M. — Public Parks, Properties and Recreation Committee:
Johnson, Chair; Wilkes, Vice Chair;
Brancatelli, Cummins, Kelley, Polensek, Pruitt.
9:30 A.M. — Health and Human
Services
Committee:
Cleveland,
Chair; Kelley, Vice Chair; Cimperman, Conwell, Mitchell, Reed, Santiago.
11:00 A.M. — Public Service Committee: Brady, Chair; Pruitt, Vice
Chair; Cleveland, Cummins, Johnson,
Polensek,
Reed,
Santiago,
Wilkes.
11:00 A.M. — Legislation Committee: Dow, Chair; Keane, Vice Chair;
Cleveland, Cloud, Johnson, Reed,
Wilkes.
MONDAY
2:00 P.M. — Finance Committee:
Sweeney, Chair; Cimperman, Vice
Chair; Brady, Brancatelli, Cleveland,
Conwell, Kelley, Miller, Mitchell,
Polensek, Westbrook.
TUESDAY
9:30 A.M. — Community and Economic Development Committee: Brancatelli, Chair; Dow, Vice Chair; Brady,
Cloud, Cummins, Miller, Pruitt, Westbrook, Zone.
1:30 P.M. — Employment, Affirmative Action and Training Committee:
Pruitt, Chair; Miller, Vice Chair;
Conwell, Cummins, Dow, Johnson,
Mitchell.
10:00 A.M. — Public Safety Committee: Conwell, Chair; Brady, Vice
Chair; Cummins, Miller, Mitchell,
Polensek, Pruitt, Santiago, Zone.
WEDNESDAY — Alternating
1:30 P.M. — Public Utilities Committee: Zone, Chair; Reed, Vice
Chair; Cummins, Keane, Kelley,
Polensek,
Santiago,
Westbrook,
Wilkes.
1:30 P.M. — City Planning Committee: Cimperman, Chair, Westbrook, Vice Chair, Conwell, Dow,
Keane, Reed, Zone.
The following Committees are
subject to the Call of the Chair:
Rules Committee: Sweeney, Chair;
Cleveland, Kelley, Keane, Polensek.
Personnel and Operations Committee: Westbrook, Chair; Cloud,
Kelley, Mitchell, Santiago, Sweeney, Wilkes.
Mayor’s Appointment Committee:
Cleveland,
Chair;
Kelley,
Miller,
Sweeney, Westbrook.
OFFICIAL PROCEEDINGS
CITY COUNCIL
______________
Cleveland, Ohio
Monday, November 9, 2009
The meeting of the Council was
called to order, The President Martin J. Sweeney, in the Chair.
Council Members present: Brady,
Brancatelli, Cimperman, Cloud, Conwell, Cummins, Dow, Johnson, Keane,
Kelley, Miller, Mitchell, Polensek,
Pruitt, Reed, Santiago, Sweeney, Westbrook, Wilkes and Zone.
Also present were Mayor Frank
G. Jackson; Ken Silliman, Chief of
Staff; Darnell Brown, Chief Operating Officer, Valarie J. McCall,
Chief of Government Affairs; Chris
Warren, Chief of Regional Development; Monyka S. Price, Chief of
Education; Maureen Harper, Chief
of Communications; Andrea V. Taylor, Press Secretary; Andrew Watterson, Chief of Sustainability; and
Directors Triozzi, Dumas, Smith,
Wasik, Carroll, Cox, Rybka, Hutchinson,
Fumich,
Griffin,
Brown;
Interim
Directors
Withers
and
Walker; Acting Director Feliciano;
and Theresa Stevenson, Legislative
Affairs.
WEDNESDAY — Alternating
10:00 A.M. — Aviation and Transportation Committee: Kelley, Chair;
Keane, Vice Chair; Cleveland, Cloud,
Dow, Mitchell, Westbrook.
Pursuant to Ordinance No. 2926-76
prayer was offered by Rev. Theresa Sutton-Obleton of Faith Temple
Church, 1815 Crawford Road, located in Ward 9. Pledge of Allegiance.
2021
MOTION
On the motion of Council Member
Johnson, the reading of the minutes
of the last meeting was dispensed
with and the journal approved. Seconded by Council Member Reed.
COMMUNICATIONS
File No. 1621-09.
From Burten, Bell, Carr Development, Inc., General Partner of East
Central Townhomes, 2274 East 73rd
Street (Ward 5) multifamily residential development. Received.
FROM DEPARTMENT OF
LIQUOR CONTROL
File No. 1622-09.
Re: #6061857 — C1, New Application — Leroy Mitchell Investment,
d.b.a. Ty Grocery and Deli, 15015
Ohio Avenue. (Ward 1). Received.
File No. 1623-09.
Re: #8871287 — C1, C2, Transfer
of Ownership Application — 3258
East 140th Street, Inc., d.b.a. Abell
Foods, 3258 East 140th Street. (Ward
4). Received.
File No. 1624-09.
Re:
#87019070010
—
C2,
C2X,
Transfer of Ownership and Location,
Application — Superior Convenience
Foods, Inc., d.b.a. Superior Food
Mart, 12333 Superior Avenue. (Ward
9). Received.
File No. 1625-09.
Re: #4260830 — D1, D2, D3, D3A,
D6, Transfer of Ownership Application — Jazz 28, LLC, 2800 Clinton
Avenue. (Ward 13). Received.
File No. 1626-09.
Re: #1434315 — D2, D2X, D3, D3A,
D6, Transfer of Ownership and Location Application — Chinato Limited,
2079 East 4th Street. (Ward 13).
Received.
File No. 1627-09.
Re: #9162945 — D4, D6, New Application — United Steel Workers,
Local 979, d.b.a. Dave McCall Hall,
3421 Independence Road. (Ward 13).
Received.
File No. 1628-09.
Re: #3329330005 — D5, Transfer of
Ownership Application — Grape Devine, Inc., and Basement and Patio,
806 Literary, 1st Floor. (Ward 13).
Received.
File No. 1629-09.
Re: #6508251 — D2, D2X, D3,
Transfer of Ownership Application
— Odea Ltd, d.b.a. Café Istanbul
The City Record
4
Cleveland, 2505 Professor Street, 1st
Floor Basement. (Ward 13). Received.
File No. 1630-09.
Re: #7171122 — C1, New Application — Rahil, Inc., d.b.a. Gas USA,
4126 Pearl Road. (Ward 15). Received.
File No. 1631-09.
Re: #28302350005 — D5, Transfer
of Ownership Application — Fortune
501 Inc., d.b.a. Wexlers Tavern and
Eatery, 4555 State Road 1st Floor
and Basement. (Ward 16). Received.
File No. 1632-09.
Re: #5926767 — D5D, New Application — Midfield Concession Enterprises, Inc., d.b.a. The Pub, Cleveland Hopkins international Airport,
Space MT 210. (Ward 20). Received.
Res. No. 1642-09—Reverend Michael
S. Taylor.
Res. No. 1643-09—John Zayac.
Res. No. 1644-09—Betsy Figgie.
Res. No. 1645-09 — Jack & Helen
McChrystal.
Res. No. 1646-09 — John Norman
McCarthy.
Res. No. 1647-09 — Hugh & Ann
Gallagher.
Res. No. 1648-09—John & Katherine Carey.
Res. No. 1649-09 — Neil & Ceil
O’Donnell.
Res. No. 1650-09—John & Rita Patton.
Res. No. 1651-09—Bishop Ray Gallagher & The Social Dramatic Club.
Res. No. 1652-09—West Side Irish
American Club.
Res. No. 1653-09 — George Yarbrough.
RECOGNITION RESOLUTIONS
File No. 1633-09.
Re: #1547618 — D5J, D6, Transfer
of Ownership Application — Cleveland Partners, LLC, d.b.a. Great
Lakes Brewery, Concourse C C310,
5300 Riverside Drive. (Ward 20).
Received.
STATEMENT OF FINAL
ACCEPTANCE
File No. 1634-09.
From Director of Public Service —
Contract No. 63356, with Apex Construction Company, for House of
Corrections Site Development Improvement for the Division of Architecture. Received.
File No. 1635-09.
From Director of Public Service —
Contract No. 66141, with Apex Construction Company, for House of
Corrections Sprinkler Head Replacement Improvement for the Division
of Architecture. Received.
File No. 1636-09.
From Director of Public Service —
Contract No. 68480, with Apex Construction Company, for Fire Station
No. 43 Renovations Project Improvement for the Division of Architecture. Received.
CONDOLENCE RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
by a rising vote:
Res. No.
ridge.
Res. No.
Frascati.
Res. No.
Res. No.
Res. No.
1600-09 — David E. Gut1602-09 — Father Marino
1603-09—Harry Little.
1604-09—Stanley Priest.
1605-09—Jack Mulhall.
CONGRATULATION RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 1606-09—Ruth A. Addison.
Res. No. 1637-09—Clarence & Vera
Williams.
Res. No. 1638-09—Ollie Burton.
Res. No. 1639-09 — Michael R.
Lesko.
Res. No. 1640-09—Shawn Sweeney.
Res. No. 1641-09—Ricky G. Colombo.
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 1654-09—Daniel W. Vanek.
Res. No. 1655-09 — Veterans of LaRonde Apts.
Res. No. 1656-09—Reverend Aaron
L. Phillips.
FIRST READING EMERGENCY
ORDINANCES REFERRED
Ord. No. 1585-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance to approve the form and authorize the
execution of power sales contracts
with American Municipal Power,
Inc. and taking other actions in connection therewith regarding Meldahl
and Greenup Hydroelectric Project
participation.
Whereas, the City of Cleveland,
Ohio
(“Municipality”)
owns
and
operates an electric utility system
for the sale of electric power and
associated energy for the benefit of
its citizens and taxpayers; and
Whereas, in order to satisfy the
electric power and energy requirements of its electric utility system,
Municipality has heretofore purchased, or desires to purchase in the
future,
economical
and
reliable
power and energy from, or arranged
by, American Municipal Power, Inc.
(“AMP”), of which Municipality is a
member; and
Whereas, AMP is an Ohio nonprofit corporation, organized to own
and operate facilities, or to provide
otherwise, for the generation, transmission or distribution of electric
power and energy, or any combination thereof, and to furnish technical services on a cooperative, nonprofit basis, for the mutual benefit
of AMP members (“Members”), such
Members, including Municipality,
being, as of the date hereof, political subdivisions that operate municipal electric utility systems in Ohio,
Kentucky, Michigan, Pennsylvania,
Virginia and West Virginia; and
Whereas, Municipality, acting individually and through AMP with
other political subdivisions of this
and other states that own and operate electric utility systems, jointly,
endeavors to arrange for reliable,
reasonably priced supplies of elec-
2022
November 11, 2009
tric power and energy for ultimate
delivery to its customers; and
Whereas, it is efficient and economical to act jointly in such regard; and
Whereas, certain Members, including the Municipality (“Participants”),
have determined they require additional, very long-term sources of
reliable and environmentally sound
base load electric power and energy
at reasonable costs and have requested that AMP arrange for the
same by developing or otherwise
acquiring interests in certain hydroelectric facilities located at locks
and dams along the Ohio River; and
Whereas, in furtherance of this
purpose, AMP and the City of Hamilton (“Hamilton”) have entered into
agreements under the terms of
which (i) AMP is to own, finance
and construct and Hamilton is to
operate the Meldahl Hydroelectric
Project, FERC License No. 12667
(“Meldahl Project”), projected to
have a net rated electric generating
capacity
of
one
hundred
five
megawatts (105 MW); and (ii) AMP
has agreed to purchase from Hamilton, contingent on the Meldahl Project being declared in Commercial
Operation, a forty-eight and sixtenths percent (48.6%) undivided
ownership interest in the currently
operating
Greenup
Hydroelectric
Project, FERC License No. 2614,
with a net rated electric generating
capacity of seventy and two-tenths
megawatts (70.2 MW) (the “Greenup Project” and, collectively with
the Meldahl Project, the “Hydroelectric Projects”); and
Whereas, because AMP’s acquisition of an ownership interest in the
Greenup Project is contingent upon
the Meldahl Project being declared
in Commercial Operation, AMP has
determined to make available the
Hydroelectric Projects as a package
such that each Participant will participate in both the Meldahl Project
and Greenup Project, although the
Participant will execute separate
power sales contracts for each project (individually the “Greenup PSC”
and “Meldahl PSC” and, collectively,
“Project PSCs”); and
Whereas, Members now have the
right, but not the obligation, by the
enactment of this ordinance (i) to
authorize and request AMP to own,
finance, construct and provide for
the operation of the Meldahl Project
(ii) to authorize and request AMP
to purchase an undivided ownership
interest in the Greenup Project from
Hamilton and to own, finance and
provide for the operation of the
Greenup Project, and (iii) to execute the Project PSCs authorized
below; and
Whereas, prior to the passage of
this ordinance, AMP has (i) informed the Municipality regarding
the Meldahl developmental process
and efforts undertaken by AMP to
further its interests in the Hydroelectric Projects; (ii) provided the
Municipality with a Feasibility Report regarding the Hydroelectric
Projects; and (iii) afforded representatives of the Municipality the
opportunity to ask such questions,
review such data and reports, conduct such inspections and otherwise
perform such investigations with
respect to, as applicable, the plan-
The City Record
November 11, 2009
ning, engineering, acquisition, construction and operation of the Hydroelectric Projects and the terms
and conditions of the Project PSCs
authorized below as the Municipality deems necessary or appropriate
in connection herewith; and
Whereas, after consideration of
the potential risks and benefits of
participating in Hydroelectric Projects and the respective Project
PSCs authorized below, the Municipality has determined it is reasonable and in its best interests to proceed as authorized herein and hereby requests and authorizes AMP (i)
to own, finance, construct and provide for the operation of the Meldahl
Project, on behalf of the Municipality and the other Participants in
accordance with the Meldahl PSC
authorized below and in conjunction
with similar authorizations by other
AMP Members, as Participants and
(ii) to purchase from Hamilton a
48.6% undivided ownership interest
in the Greenup Project, the closing
of such purchase being contingent
upon the Meldahl Project’s being
declared in Commercial Operation,
and to own such interest and
finance such purchase and improvements to the Greenup Project on
behalf of the Municipality and the
other Participants in accordance
with the Greenup PSC authorized
below and in conjunction with similar authorizations by other AMP
Members, as Participants; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Project PSCs
between Municipality and AMP, substantially in the form placed in File
No. 1585-09-A including Appendices
thereto, are approved, and the Director of Public Utilities of Municipality is hereby authorized to execute
and deliver the Project PSCs, with
such changes as the Director of Public Utilities may approve as neither
inconsistent with this ordinance nor
materially detrimental to the Municipality, his or her execution of the
PSCs to be conclusive evidence of
such approval.
Section 2. That the Director of
Public Utilities is hereby authorized
to acquire on behalf of the Municipality, as a Participant, as defined
in the Project PSCs, a right to,
respectively,
a
Meldahl
Project
Share, as defined in the Meldahl
PSC, and a Greenup Project Share,
as defined in the Greenup PSC without bid, from AMP and to execute
and deliver any and all documents
necessary to become a Participant
in the Hydroelectric Projects pursuant to the conditions set forth
herein and in the respective Project
PSCs and to carry out its obligations
under each.
Section 3. That it is further
acknowledged and understood that
because the Participants will determine the precise number of Meldahl
and Greenup Project Shares, expressed
as
percentages,
totaling
100%, of all such Meldahl and
Greenup Project Shares, to be acquired by each Participant electing
to enter into the Project PSCs, after
all such Participants execute and
deliver the Project PSCs, the Director of Public Utilities, in connection
with the execution and delivery of
the Project PSCs, is authorized and
directed to determine and acquire
Municipality’s Meldahl and Greenup
Project Shares, of up to a combined
total nominal amount of 17,570 kilowatts and expressed as a percentage
of all such Shares and, allocated
approximately 60% to the Meldahl
Project and 40% to the Greenup Project
(“Total
Combined
Project
Shares”), after consultation with
AMP and the other Participants
regarding the respective Project
Shares available, credit concerns
and other appropriate matters, such
Project Shares to be set forth in
Appendix A of the respective Project PSCs, such determination as to
such Project Shares being conclusively evidenced by the adoption of
Appendix A to the respective Project PSCs, as authorized therein.
Section 4. That in accordance with
the
acquisition
of
Municipality’s
respective Project Shares authorized
in Section 3, Municipality’s Total
Combined Project Shares shall equal
its Greenup Project Share, plus its
Meldahl Project Share, with the Meldahl Project Share comprising of
approximately sixty percent (60%) of
the Total Combined Project Shares
and the Greenup Project Share comprising of approximately forty percent (40%) of the Total Combined
Project Shares authorized in Section 3.
Section 5. That the Director of
Public Utilities of this Municipality,
5
as a part of such officer’s official
duties, is hereby appointed as Municipality’s representative for any meetings or determinations of the Participants or the Participants Committee pursuant to the respective
Project PSCs and is authorized and
directed, acting for, in the name of
and on behalf of this Municipality,
to vote Municipality’s respective
Project Share with regard to any
determinations regarding the Hydroelectric Projects as set forth in the
Project PSCs.
Section 6. That the Director of
Public Utilities may appoint, in writing from time to time as convenient
or necessary, another appropriate
representative of the Municipality
as his or her alternate to carry out
the duties set forth in Section 5 of
this ordinance.
Section 7. That it is found and
determined that all formal actions
of this Council concerning and
relating to the passage of this ordinance were taken in conformance
with
applicable
open
meetings
laws and that all deliberations of
this Council and of any committees
that
resulted
in
those
formal
actions were in compliance with all
legal requirements including any
applicable open meetings requirements.
Section 8. If any section, subsection, paragraph, clause or provision
or any part thereof of this ordinance
shall be finally adjudicated by a
court of competent jurisdiction to be
invalid, the remainder of this ordinance shall be unaffected by such
adjudication and all the remaining
provisions of this ordinance shall
remain in full force and effect as
though
such
section,
subsection,
paragraph, clause or provision or
any part thereof so adjudicated to
be invalid had not, to the extent of
such invalidity, been included herein.
Section 9. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Public
Utilities, Finance, Law; Committees
on Public Utilities, Finance.
Ord. No. 1586-09.
By Council Members Zone, Dow and Sweeney (by departmental request).
An emergency ordinance to enact Section 523.021 of the Codified Ordinances of Cleveland, Ohio, relating to the
residential incentive rate schedule for electrical service.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of the City of Cleveland:
Section 1. That the rates, rules, and regulations of the Division of Cleveland Public Power, Department of Public Utilities, for electrical service, fixed by the Board of Control by Resolution No. __________, adopted ___________,
are approved.
Section 2. That the Codified Ordinances of Cleveland, Ohio, 1976, are supplemented by enacting new Section
523.021 to read as follows:
Section 523.021
Residential Incentive Rate Schedule
The following schedule is applicable to private single residences or to any individually metered family accommodation when service is used primarily for domestic and household purposes, as distinguished from commercial,
professional or industrial purposes:
2023
The City Record
6
November 11, 2009
(a) Kilowatt Hour Charge
KWH Per Month
Summer Rate
Winter Rate
(per KWH)
(per KWH)
First 1,000
$0.0696
$0.0589
All over 1,000
$0.0676
$0.0317
(b) Definition of Seasonal Rate. For the purpose of this rate schedule, the summer rate shall be in effect during
the months of June, July, August, September, and October. The winter rate shall be in effect during the months
of November, December, January, February, March, April and May.
(c) Energy Adjustment Charge. In accordance with Section 523.21, an incremental charge or credit for energy
may be determined on a monthly basis by the Division of Cleveland Public Power. Such incremental charge may
be made in addition to the rates established in this Section, but in no case shall such charge exceed the amount
calculated by using the formula established in Section 523.21.
(d) Environmental and Ecological Adjustment. An environmental and ecological adjustment shall be applied to
this rate as set forth and described in Section 523.17.
(e) Applicability. This rate shall be available for service installed after the effective date of this Section to
residential dwellings which have not been connected to Cleveland Public Power facilities within the past six
months, and shall be in effect through May 31, 2011. This rate schedule shall expire on June 1, 2011, after which
the customers’ rates shall be determined under Section 523.02.
Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative
vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon
its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest
period allowed by law.
Referred to Directors of Public Utilities, Finance, Law; Committees on Public Utilities, Legislation, Finance.
Ord. No. 1587-09.
By Council Members Kelley, Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of rehabilitating the exterior terminal building
facade at Cleveland Hopkins International Airport; authorizing the
Director of Port Control to enter into
one or more public improvement contracts
for
the
making
of
the
improvement; authorizing the Director to employ one or more professional consultants to design the
improvement; and to enter into various written standard purchase and
requirement contracts needed in connection with the improvement.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That, under Section 167
of the Charter of the City of Cleveland, this Council determines to
make the public improvement of
rehabilitating the exterior terminal
building facade at Cleveland Hopkins International Airport (the “Improvement”), for the Department of
Port Control, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding on a unit basis for