2007-10-03.txt

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

October the Third, Two Thousand and Seven

Frank G. Jackson
Mayor

The City Record is available online at
www.clevelandcitycouncil.org

Martin J. Sweeney
President of Council

Emily Lipovan
City Clerk, Clerk of Council

Ward
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

Name
Nina Turner
Robert J. White
Zachary Reed
Kenneth L. Johnson
Phyllis E. Cleveland
Patricia J. Britt
Fannie M. Lewis
Sabra Pierce Scott
Kevin Conwell
Roosevelt Coats
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

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
16
16
16
17
17
17
17
18
19
25
26

DIRECTORY OF CITY OFFICIALS
CITY COUNCIL – LEGISLATIVE
President of Council – Martin J. Sweeney
Ward
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

Name
Residence
Nina Turner..................................................16204 Sunny Glen Avenue
44128
Robert J. White .................................................9703 Cardwell Avenue
44105
Zachary Reed .....................................................3734 East 149th Street
44120
Kenneth L. Johnson...............................................2948 Hampton Road
44120
Phyllis E. Cleveland .............................................2369 East 36th Street
44105
Patricia J. Britt........................................................12402 Britton Drive
44120
Fannie M. Lewis.........................................................7416 Star Avenue
44103
Sabra Pierce Scott.................................................1136 East 98th Street
44108
Kevin Conwell ..................................................10647 Ashbury Avenue
44106
Roosevelt Coats ....................................................1775 Cliffview Road
44112
Michael D. Polensek..............................................17855 Brian Avenue
44119
Anthony Brancatelli..................................................6924 Ottawa Road
44105
Joe Cimperman....................................................3053 West 12th Street
44113
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 – Emily Lipovan, 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
Tracy Y. Martin, 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
Debra Linn Talley, 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 – Algeron Walker, 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 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 – Brian A. Reilly, Director, Room 210
DEPT. OF AGING – Jane Fumich, Director, Room 122
DEPT. OF CONSUMER AFFAIRS – Angel Guzman, 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 CAMPAIGN FINANCE COMMISSION – Chris Warren, C. Ellen Connally, Hillary S.
Taylor.
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; _________, Vice Chair; Daniel Conway, Doris
Honsa, Lisa Camacho.
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; Councilman Nina Turner.

DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113
DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517
Engineering and Construction – Randall E. DeVaul, 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

POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel
Whalen, Nancy Cronin, Elvin Vauss.

DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 1925 St. Clair Ave.
DIVISIONS: Air Quality – Richard L. Nemeth, Commissioner
Environment – Willie Bess, Commissioner, Mural Building, 1925 St. Clair Ave.
Health – Anjou Parekh, Commissioner, Mural Building, 1925 St. Clair Ave.
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

AUDIT COMMITTEE – Robert Rawson, Chairman; Yvette Ittu, Debra Janik, Bracy Lewis,
Don Neebes, Council President Martin J. Sweeney; Law Director Robert J. Triozzi.

CLEVELAND LANDMARKS COMMISSION – Room 519 – Laura M. Bala, Chair; Jennifer
Coleman, Vice Chair; Robert N. Brown, Council Member Joe Cimperman, Thomas
Coffey, Robert Jackimowicz; Ari Maron, William Mason, Michael Rastatter, Jr., John
Torres, N. Kurt Wiebusch, Robert Keiser, Secretary.

CLEVELAND MUNICIPAL COURT
JUSTICE CENTER – 1200 ONTARIO STREET
JUDGE COURTROOM ASSIGNMENTS
Judge
Courtroom
Presiding and Administrative Judge Larry A. Jones
14B
Judge Ronald B. Adrine
15A
Judge Marilyn B. Cassidy
12A
Judge Emanuella Groves
13A
Judge Kathleen Ann Keough
13D
Judge Anita Laster Mays
14C
Judge Lauren C. Moore
14A
Judge Charles Patton, Jr.
12B
Judge Raymond L. Pianka (Housing Court Judge)
13B
Judge Michael John Ryan
12C
Judge Angela R. Stokes
15C
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, OCTOBER 3, 2007

Vol. 94

No. 4895

CITY COUNCIL
MONDAY, OCTOBER 1, 2007
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

EMILY LIPOVAN
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, Property & Recreation Committee: Johnson, Chair; White, Vice Chair; Brancatelli, Cummins, Kelley, Polensek,
Turner.
9:30 A.M. — Health & Human Services Committee: Britt, Chair; Cleveland, Vice Chair; Conwell, Kelley,
Reed, Santiago, Westbrook.
11:00 A.M. — Public Service Committee: Brady, Chair; Turner, Vice
Chair; Cleveland, Cummins, Johnson,
Polensek, Reed, Santiago, White.
11:00 A.M. — Legislation Committee: Cleveland, Chair; Keane, Vice
Chair; Cimperman, Lewis, Pierce
Scott, Reed, White.
MONDAY
2:00 P.M. — Finance Committee:
Sweeney, Chair; Cimperman, Vice
Chair;
Brady,
Brancatelli,
Britt,
Coats, Conwell, Pierce Scott, Westbrook, White, Zone.
TUESDAY
9:30 A.M. — Community and Economic Development Committee: Pierce
Scott, Chair; Brancatelli, Vice Chair;
Brady, Cimperman, Cummins, Coats,
Lewis, Westbrook. Zone.
1:30 P.M. — Employment, Affirmative Action & Training Committee:
Lewis, Chair; Santiago, Vice Chair;
Brancatelli, Coats, Conwell, Johnson, Turner.
WEDNESDAY—Alternating
10:00 A.M. — Aviation & Transportation Committee: Kelley, Chair;
Westbrook, Vice Chair; Brancatelli,
Britt, Cleveland, Keane, Turner.
10:00 A.M. — Public Safety Committee: Conwell, Chair; Brady, Vice
Chair; Britt, Coats, Cummins, Kelley, Polensek, Santiago, Turner.

WEDNESDAY—Alternating
1:30 P.M. — Public Utilities Committee: Zone, Chair; Reed, Vice
Chair; Cleveland, Cummins, Keane,
Kelley, Polensek, Santiago, Westbrook.
1:30 P.M. — City Planning Committee: Cimperman, Chair, Westbrook, Vice Chair, Conwell, Keane,
Lewis, Reed, Zone.
The following Committees are
subject to the Call of the Chair:
Rules Committee: Sweeney, Chair;
Cleveland,
Kelley,
Pierce
Scott,
Polensek.
Personnel and Operations Committee: Westbrook, Chair; Britt, Kelley,
Pierce Scott, Santiago, Sweeney,
White.
Mayor’s Appointment Committee:
Coats, Chair; Pierce Scott, Kelley,
Sweeney, Westbrook.

OFFICIAL PROCEEDINGS
CITY COUNCIL
______________
Cleveland, Ohio
Monday, October 1, 2007
The meeting of the Council was
called to order, The President, Martin J. Sweeney, in the Chair.
Council Members present: Brady,
Brancatelli, Britt, Cimperman, Cleveland, Coats, Conwell, Cummins, Johnson, Keane, Kelley, Polensek, Reed,
Santiago,
Pierce
Scott,
Sweeney,
Turner, Westbrook, White and Zone.
Also present were Mayor Frank
Jackson; Ken Silliman, Chief of
Staff; Darnell Brown, Chief Operating Officer; Valarie J. McCall, Chief
of Government Affairs; Debra Linn
Talley, Director of Office of Equal
Opportunity; and Directors Triozzi,
Dumas,
Smith,
Wasik,
Carroll,
Flask, Cox, Rush, Rybka, Hutchinson, Reilly, Fumich, Griffin, Brown,
Acting Director Withers, and Teresa Stevenson, Special Assistant to
the Mayor for Legislative Affairs.
Pursuant to Ordinance No. 2926-76,
a prayer was offered by Reverend
Dr. David Horne of Old Stone
Church, 91 Public Square, located in
Ward 13. Pledge of Allegiance.
MOTION
On the motion of Council Member
Santiago, the reading of the minutes
of the last meeting were dispensed
with and the journal approved. Seconded by Council Member Pierce
Scott.

1799

Without objection, Charlene Berry,
Clerk of Council Pro Tempore, is
authorized to sign bond documents
in the absence of the Clerk of Council, through October 3, 2007.
COMMUNICATIONS
File No. 1627-07.
From the Department of Finance
— notification of City’s intend to
issue and refund Airport System
Refunding bonds and Airport System Revenue Bonds. Received.
File No. 1628-07.
From the Cuyahoga County Engineer — The structural steel repairs
for W. 49th Street/ Herman Avenue
Bridge No. 194 over the West Shoreway in the City of Cleveland, County ID 940. Received.
File No. 1629-07.
From Cuyahoga County Engineer
— re: The rehabilitation of Columbus Road Lift Bridge over the Cuyahoga River in the City of Cleveland,
County ID 949. Received.
File No. 1630-07.
From Cuyahoga County Engineer
— re: The rehabilitation of Pearl
Road Bridge No. 118 over Big Creek,
Norfolk southern Railroad and CSX
Railroad in the City of Cleveland.
County ID 953. Received.
FROM DEPARTMENT OF
LIQUOR CONTROL
File No. 1631-07.
Re: Transfer of Ownership Application — 4618581 — KF Gas and Oil
Corporation, d.b.a. W. 130th Marathon,
4611 West 130th Street. (Ward 20).
Received.
File No. 1632-07.
Re: Stock Transfer Application —
4422723 — K & I, Inc., d.b.a. Ivanhoe Inn, 1023 Rear & 1025 Ivanhoe
Road. (Ward 11). Received.
File No. 1633-07.
Re: Stock Transfer Application —
5804911 — Meera, Inc., d.b.a. Lorain
Sunoco,
13601
Lorain
Avenue.
(Ward 20). Received.
File No. 1634-07.
Re: Stock Transfer Application —
6552378 — 17007 Lorain Avenue, Inc.,
d.b.a. Arcade Tavern, 17007 Lorain
Avenue. (Ward 21). Received.
STATEMENT OF WORK
ACCEPTED
File No. 1635-07.
From the Department of Public
Service — Contract No. 66942 —
Cleveland Brown’s Stadium — Structural Repairs. Received.

The City Record

4
File No. 1636-07.
From the Department of Public
Service — Contract No. 66840 —
Cleveland Fire Stations — Various
Upgrades. Received.
CONDOLENCE RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
by a rising vote:
Res. No. 1637-07—Rose Lee Ginyard.
Res. No. 1638-07—Jay Shepherd.
Res. No. 1639-07—Bessie L. Perkins.
Res No. 1640-07—Jack Ulrich.
CONGRATULATION RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 1641-07—Michael O. DeFleice.
Res. No. 1642-07—Original Harvest
Missionary Baptist Church.
Res. No. 1643-07—MidTown Cleveland, Inc.
Res. No. 1644-07—Fatima Family
Center.
Res. No. 1645-07—Myers University.
Res. No. 1646-07—Dr. Ted & Mrs.
Jean Castele.
Res. No. 1647-07—Antonio DiIorio.
Res. No. 1648-07—Jay Lucarelli.
Res. No. 1649-07—Gino Colage.
Res. No. 1650-07—Rose Zitiello.
WELCOME RESOLUTION
The rules were suspended and the
following Resolution was adopted
without objection:
Res. No. 1651-07—Eamon O’Cuiv.
COMMEMORATION RESOLUTION
The rules were suspended and the
following Resolution was adopted
without objection:
Res. No. 1652-07—Anthony O. Calabrese.
FIRST READING EMERGENCY
ORDINANCES REFERRED
Ord. No. 1602-07.
By Council Members Cimperman,
Pierce Scott, Zone, Johnson and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Utilities
to transfer property located at the
southwest corner of South Marginal
Road and Marquette Avenue to the
control, possession, and use of the
Department of Economic Development, for environmental remediation
and development.
Whereas, the Department of Public Utilities desires to transfer certain property under its control to the
Department of Economic Development; and
Whereas, Section 183.14 of the
Codified Ordinances of Cleveland,
Ohio, 1976, requires that such transfer be preceded by an ordinance of
Council approving the transfer; and
Whereas, the property to be transferred will become a component of
the City of Cleveland’s industrial

land reutilization program, as established by Ordinance No. 717-05 and,
as such, will be regulated by Chapter 5722 of the Revised Code and
Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976,
regarding acquisition and disposition of the property; 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 under Section
183.14 of the Codified Ordinances of
Cleveland, Ohio, 1976, the Director of
Public Utilities is authorized to
transfer
the
following
property,
located at the southwest corner of
South Marginal Road and Marquette
Avenue, known as Permanent Parcel No. 104-02-002, and further depicted in the map placed in File No.
1602-07-A, to the control, possession,
and use of the Department of Economic Development.
Section 2. That on consummation
of the transfer referenced above, the
directors participating in the transaction shall initial and date a copy
of this ordinance and deliver the
copy to the custody of the Division
of Property Management of the
Department of Parks, Recreation
and Properties.
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 Economic
Development, Public Utilities, Parks,
Recreation and Properties, City Planning Commission, Finance, Law;
Committees on Community & Economic Development, Public Utilities,
Parks, Property and Recreation,
City Planning, Finance.
Ord. No. 1603-07.
By Council Members Brady and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts for the transfer and disposal of tires, for the Division of Waste Collection and Disposal, Department of Public Service.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public Service is authorized to make
one or more written requirement
contracts under the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, for the requirements for
the term of one year or two years
for the necessary items of the transfer and disposal of tires in the
approximate amount as purchased
during the preceding term, purchased by the Commissioner of Purchases and Supplies on a unit basis
for the Division of Waste Collection
and Disposal, Department of Public

1800

October 3, 2007
Service. Bids shall be taken in a
manner that permits an award to be
made for all items of services as a
single contract, or by separate contract for each or any combination of
the items as the Board of Control
determines. Alternate bids for a
period less than the specified term
may be taken if desired by the Commissioner of Purchases and Supplies
until provision is made for the
requirements for the entire term.
The Director of Public Service is
authorized to enter into one or more
contracts with a term of two years
instead of one year when there is a
financial advantage to the City. For
purposes of this ordinance, a financial advantage shall be determined
by the Director of Public Service by
comparing the bids received for both
terms.
Bids shall also be taken so as to
permit an award to be made for provision of such services citywide or
by separate contracts for the districts determined by the Director of
Public Service.
Section 2. That notwithstanding
any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to
the contrary, the Director of Public
Service may require that each bid be
accompanied by a single bond securing both the execution of a contract
and the performance of the term of
each contract. If a single bond
securing both execution and performance is required by the Director, it
shall be substantially in accordance
with the form attached as Exhibit
“A”. Each bond, whether to secure
the execution of a contract, its performance, or both, shall be in an
amount determined by the Director
of Public Service. Each bond submitted to secure the contract or contracts authorized by this ordinance
shall be executed by a surety authorized to do business in the State of
Ohio and shall be acceptable to the
Director of Law.
Section 3. That the cost of the contract or contracts shall be charged
against the proper appropriation
account and the Director of Finance
shall certify the amount of the initial
purchase,
which
purchase,
together with all later purchases,
shall be made on order of the Commissioner of Purchases and Supplies
under a requisition against the contract or contacts certified by the
Director of Finance. (RL 130767)
Section 4. 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.
BID GUARANTY AND
CONTRACT BOND
KNOW ALL MEN BY THESE
PRESENTS, that we the ____________
____________________________________
____________________________________
(Name and Address)
as Principal and ____________________
(Name of Surety)
as Surety are hereby held and firmly bound unto the City of Cleveland,

October 3, 2007
hereinafter called the Obligee, in the
penal sum hereinafter stated, pertaining to the bid submitted by the
Principal
to
the
Obligee
on
__________________________ (date) to
undertake the project known _______
____________________________________
The penal sum referred to herein
shall be ____________________________
____________________________________
____________________________. For the
payment of the penal sum well and
truly to be made, we hereby jointly
and severally bind ourselves, our
heirs, executors, administrators, successors, and assigns.
THE
CONDITION
OF
THE
ABOVE OBLIGATION IS SUCH, that
whereas the above named Principal
has submitted a bid on the above
referred project;
NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal fails to enter
into a proper contract in accordance
with the bid, plans, details, specifications, and bills of material; and in
the event the Principal pays to the
Obligee the difference not to exceed
ten percent of the penalty hereof
between the amount specified in the
bid and such larger amount for
which the Obligee may in good faith
contract with the next lowest and
best bidder to perform the work covered by the bid; or in the event the
Obligee does not award the contract
to the next lowest and best bidder
and resubmits the project for bidding, the Principal will pay the
Obligee the difference not to exceed
ten percent of the penalty hereof
between the amount specified in the
bid, or the costs in connection with
the resubmission, of printing new
contract documents, required advertising, and printing and mailing
notices
to
prospective
bidders,
whichever is less, then this obligation shall be void, otherwise to
remain in full force and effect. If
the Obligee accepts the bid of the
Principal and the Principal within
ten days after the awarding of the
contract and submitting to the Principal a contract for execution, enters
into a proper contract in accordance
with the bid, plans, details, specifications, and bills of material, which
said contract is made a part of this
bond the same as though set forth
herein; and
IF THE SAID Principal shall well
and faithfully perform each and
every condition of such contract;
and indemnify the Obligee against
all damage suffered by failure to
perform such contract according to
the provisions thereof and in accordance with the plans, details, specifications, and bills of material therefor; and shall pay all lawful claims
of subcontractors, materialmen, and
laborers for labor performed and
materials furnished in the carrying
forward, performing, or completing
said contract; we agreeing and
assenting
that
this
undertaking
shall be for the benefit of any materialman or laborer having a just
claim as well as for the Obligee
herein; then this obligation shall be
void;
otherwise
the
same
shall
remain in full force and effect; it
being
expressly
understood
and
agreed that the liability of the Surety for any and all claims hereunder
shall in no event exceed the penal

The City Record
amount of this obligation as herein
stated.
THE SAID Surety hereby stipulates and agrees that no modifications, omissions, or additions, in or
to the terms of said contract or in
or to the plans and specifications
therefor shall in any wise affect the
obligations of said Surety on this
bond, and it does hereby waive
notice of any such modifications,
omissions or additions to the terms
of the contract or to the work or to
the specifications.
SIGNED AND SEALED this ____
day of ____________, 20__.
PRINCIPAL:

SURETY:

________________

__________________

BY: _____________

BY: ______________
Attorney-in-Fact

TITLE: ________
SURETY COMPANY
ADDRESS:
__________________
Street
__________________
City
State
ZIP
SURETY AGENT’S
ADDRESS:
__________________
Agency Name
__________________
Street
__________________
City
State
ZIP
“Exhibit A”

Referred to Directors of Public
Service, Finance, Law; Committees
on Public Service, Finance.
Ord. No. 1604-07.
By Council Members Brady and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts for construction and demolition debris disposal
services, for the Division of Waste
Collection and Disposal, Department
of Public Service.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public Service is authorized to make
one or more written requirement
contracts under the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, for the requirements for
the term of one or two years, for the
necessary items of construction and
demolition debris disposal services
in the approximate amount as purchased during the preceding term,
purchased by the Commissioner of
Purchases and Supplies on a unit
basis for the Division of Waste Collection and Disposal, Department of
Public Service. Bids shall be taken
in a manner that permits an award
to be made for all items of services

1801

5
as a single contract, or by separate
contract for each or any combination of the items as the Board of
Control determines. Alternate bids
for a period less than the specified
term may be taken if desired by the
Commissioner of Purchases and Supplies until provision is made for the
requirements for the entire term.
The Director of Public Service is
authorized to enter into one or more
contracts with a term of two years
instead of one year when there is a
financial advantage to the City. For
purposes of this ordinance, a financial advantage shall be determined
by the Director of Public Service by
comparing the bids received for both
terms.
Bids shall also be taken so as to
permit an award to be made for provision of such services citywide or
by separate contracts for the districts determined by the Director of
Public Service.
Section 2. That notwithstanding
any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to
the contrary, the Director of Public
Service may require that each bid
be accompanied by a single bond
securing both the execution of a
contract and the performance of
the term of each contract. If a single bond securing both execution
and performance is required by the
Director, it shall be substantially
in accordance with the form attached as Exhibit “A”. Each bond,
whether to secure the execution of
a contract, its performance, or
both, shall be in an amount determined by the Director of Public
Service. Each bond submitted to
secure the contract or contracts
authorized by this ordinance shall
be executed by a surety authorized
to do business in the State of Ohio
and shall be acceptable to the
Director of Law.
Section 3. That the cost of the contract or contracts shall be charged
against the proper appropriation
account and the Director of Finance
shall certify the amount of the initial
purchase,
which
purchase,
together with all later purchases,
shall be made on order of the Commissioner of Purchases and Supplies
under a requisition against the contract or contacts certified by the
Director of Finance. (RL 130768)
Section 4. 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.
BID GUARANTY AND
CONTRACT BOND
KNOW ALL MEN BY THESE
PRESENTS, that we the ____________
____________________________________
____________________________________
(Name and Address)
as Principal and ____________________
(Name of Surety)
as Surety are hereby held and firmly bound unto the City of Cleveland,
hereinafter called the Obligee, in the
penal sum hereinafter stated, per-

6
taining to the bid submitted by the
Principal
to
the
Obligee
on
__________________________ (date) to
undertake the project known _______
____________________________________
The penal sum referred to herein
shall be ____________________________
____________________________________
____________________________. For the
payment of the penal sum well and
truly to be made, we hereby jointly
and severally bind ourselves, our
heirs, executors, administrators, successors, and assigns.
THE
CONDITION
OF
THE
ABOVE OBLIGATION IS SUCH, that
whereas the above named Principal
has submitted a bid on the above
referred project;
NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal fails to enter
into a proper contract in accordance
with the bid, plans, details, specifications, and bills of material; and in
the event the Principal pays to the
Obligee the difference not to exceed
ten percent of the penalty hereof
between the amount specified in the
bid and such larger amount for
which the Obligee may in good faith
contract with the next lowest and
best bidder to perform the work covered by the bid; or in the event the
Obligee does not award the contract
to the next lowest and best bidder
and resubmits the project for bidding, the Principal will pay the
Obligee the difference not to exceed
ten percent of the penalty hereof
between the amount specified in the
bid, or the costs in connection with
the resubmission, of printing new
contract documents, required advertising, and printing and mailing
notices
to
prospective
bidders,
whichever is less, then this obligation shall be void, otherwise to
remain in full force and effect. If
the Obligee accepts the bid of the
Principal and the Principal within
ten days after the awarding of the
contract and submitting to the Principal a contract for execution, enters
into a proper contract in accordance
with the bid, plans, details, specifications, and bills of material, which
said contract is made a part of this
bond the same as though set forth
herein; and
IF THE SAID Principal shall well
and faithfully perform each and
every condition of such contract;
and indemnify the Obligee against
all damage suffered by failure to
perform such contract according to
the provisions thereof and in accordance with the plans, details, specifications, and bills of material therefor; and shall pay all lawful claims
of subcontractors, materialmen, and
laborers for labor performed and
materials furnished in the carrying
forward, performing, or completing
said contract; we agreeing and
assenting
that
this
undertaking
shall be for the benefit of any materialman or laborer having a just
claim as well as for the Obligee
herein; then this obligation shall be
void;
otherwise
the
same
shall
remain in full force and effect; it
being
expressly
understood
and
agreed that the liability of the Surety for any and all claims hereunder
shall in no event exceed the penal
amount of this obligation as herein
stated.

The City Record
THE SAID Surety hereby stipulates and agrees that no modifications, omissions, or additions, in or
to the terms of said contract or in
or to the plans and specifications
therefor shall in any wise affect the
obligations of said Surety on this
bond, and it does hereby waive
notice of any such modifications,
omissions or additions to the terms
of the contract or to the work or to
the specifications.
SIGNED AND SEALED this ____
day of ____________, 20__.
PRINCIPAL:

SURETY:

________________

__________________

BY: _____________

BY: ______________
Attorney-in-Fact

TITLE: ________
SURETY COMPANY
ADDRESS:
__________________
Street
__________________
City
State
ZIP
SURETY AGENT’S
ADDRESS:
__________________
Agency Name
__________________
Street
__________________
City
State
ZIP
“Exhibit A”

Referred to Directors of Public
Service, Finance, Law; Committees
on Public Service, Finance.
Ord. No. 1605-07.
By Council Members Cummins,
Brady, Cimperman and Sweeney (by
departmental request).
An emergency ordinance to vacate
a portion of Eglindale Court S.W.
Whereas, under Resolution No.
931-07, adopted June 11, 2007 this
Council declared its intention to
vacate a portion of Eglindale Court
S.W.; and
Whereas, notice of the adoption of
the above vacation was served on
the abutting property owners affected by the resolution which stated a
time and place when objections
would be heard before the Board of
Revision of Assessments; and
Whereas, on September 11, 2007
the Board of Revision of Assessments approved the above vacation
under the provisions of Section 176
of the Charter of the City of Cleveland; and
Whereas, this Council is satisfied
that there is good cause for vacating a portion of the above and that
it will not be detrimental to the general interest and that it should be
made; 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:

1802

October 3, 2007
Section 1. That this Council declares that the following described
real property is vacated:
Being all that portion of Eglindale Court S.W. (14 11/12 feet wide)
extending Easterly from the Easterly right of way line of West 25th
Street (66 feet wide) to the Southerly prolongation of the Westerly line
of Sublot number 22 in the W. H.
Osborn Subdivision as shown by the
recorded plat in Volume 6, page 15
of Cuyahoga County Map Records.
Legal Description approved by
Greg Esber, Section Chief, Plats,
Surveys and House Numbering Section.
Section 2. That there is reserved
to the City of Cleveland an easement of full width as described
above for Cleveland Public Power
and AT&T.
That no structures shall be erected on the premises described in this
easement except those constructed
under the approval of, and in compliance with, plans approved by
Cleveland Public Power, AT&T and
the City of Cleveland.
Section 3. That provided all required approvals have been obtained, the Commissioner of Engineering and Construction is directed
to record the vacation plat in the
office of the Recorder of Cuyahoga
County.
Section 4. That the Clerk of Council is directed to transmit a copy of
this ordinance to the Auditor of
Cuyahoga County.
Section 5. 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
Service, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Finance.
Ord. No. 1606-07.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
enter into one or more contracts
with Intergraph for professional services necessary to provide maintenance and support for the Fire/EMS
computer aided dispatch and mobile
software project, for a period up to
one year, with two one-year options
to renew.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public Safety is authorized to enter
into one or more contracts with
Intergraph for professional services
necessary to provide maintenance
and support for the Fire/EMS computer aided dispatch and mobile
software project, on the basis of its
proposal dated July 30, 2007, for a
period up to one year, with two oneyear options to renew, exercisable
by the Director of Public Safety.

October 3, 2007
The amount of the contract or contract shall not exceed $123,589.13,
and shall be paid from Fund Nos. 01600101-694100, 01-600103-638000, and
11 SF 006, Request No. 169459.
Section 2. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Public
Safety, Finance, Law; Committees
on Public Safety, Finance.
Ord. No. 1607-07.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
apply for and accept a grant from
the Criminal Justice Services Agency
for the 2008 Cleveland Team Approach to Domestic Violence; to
enter into one or more contracts
with Cuyahoga County and one or
more contracts with professional
consultants to implement the program.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public Safety is authorized to apply
for and accept a grant in the
amount of $138,804 from the Criminal Justice Service Agency, to conduct the 2008 Cleveland Team Approach to Domestic Violence, for the
purposes set forth in the application
and according thereto; that the
Director of Public Safety is authorized to file all papers and execute
all documents necessary to receive
the funds under the grant; and that
said funds are appropriated for the
purposes set forth in the application
for the grant.
Section 2. That the application for
the grant, File No. 1607-07-A, made a
part hereof as if fully rewritten, as
presented to the Finance Committee
of this Council at the public hearing
on this legislation and shall not be
changed without additional legislative authority, including the obligation of the City of Cleveland to provide cash matching funds in the
sum of $46,260 from Fund Nos. 10 SF
025, 10 SF 027, and 10 SF 049, is
approved in all respects.
Section 3. That the Director of
Public Safety is authorized to enter
into one or more contracts with the
County of Cuyahoga and one or
more contracts with professional
consultants to implement the program as described in the file, payable from the fund or funds to
which are credited the grant proceeds and cash match accepted
under this ordinance.
Section 4. That the Director of
Public Safety shall have the authority to extend the term of the grant
if the extension does not involve an
increase in the dollar amount of the
grant specified above.
Section 5. That this ordinance is
declared to be an emergency measure and, provided it receives the

The City Record
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
Safety, Finance, Law; Committees
on Public Safety, Finance.
Ord. No. 1608-07.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
enter into one or more contracts
without competitive bidding with
International
Business
Machines
Corporation for the purchase of
maintenance and support of AS400
servers and various other peripherals, for the Division of Police, Department of Public Safety, for a
period up to fourteen months, and
two one-year options to renew.
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 this Council has
determined that the within commodities are non-competitive and
cannot be secured from any source
other than International Business
Machines Corporation. Therefore the
Director of Public Safety is authorized to make one or more written
contracts with International Business Machines Corporation, on the
basis of their proposal dated September 11, 2006, for maintenance and
support of AS400 servers and various other peripherals, for a period
up to fourteen months and two oneyear options to renew, exercisable
by the Director of Public Safety, to
be purchased by the Commissioner
of Purchases and Supplies, for the
Division of Police, Department of
Public Safety. The cost of the contract or contracts authorized shall
not exceed $91,020.07 and shall be
paid from Fund Nos. 01-999800-638000
and 01-600103-638000, Request No.
169458.
Section 2. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Public
Safety, Finance, Law; Committees
on Public Safety, Finance.
Ord. No. 1609-07.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
enter into one or more contracts
without competitive bidding with
New World Systems for the purchase
of maintenance for Aegis software,
for the Department of Public Safety, for a period up to sixteen
months, with two one-year options to
renew.

1803

7
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 this Council has
determined that the within commodities are non-competitive and
cannot be secured from any source
other than New World Systems.
Therefore the Director of Public
Safety is authorized to make one or
more written contracts with New
World Systems on the basis of two
proposals both dated March 2006, for
maintenance for Aegis software, to
be purchased by the Commissioner
of Purchases and Supplies for a
gross price, for the Department of
Public Safety, for a period up to sixteen months, with two one-year
options to renew, exercisable by the
Director of Public Safety. That the
cost of the contract or contracts
authorized shall not exceed $171,402.00
and shall be paid from Fund Nos. 01999800-638000 and 01-600103-638000,
Request No. 169457.
Section 2. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Public
Safety, Finance, Law; Committees
on Public Safety, Finance.
Ord. No. 1610-07.
By
Council
Members
Johnson,
Cimperman, Cleveland and Sweeney
(by departmental request).
An emergency ordinance to amend
Sections 559.02 and
559.241 of the
Codified Ordinances of Cleveland,
Ohio, 1976, as amended and enacted
by Ordinance No. 1062-06, passed
December 11, 2006, relating to designating the cultural gardens and
designating
the
cultural
garden
located at 741 Martin Luther King
Jr. Boulevard as the Armenian Cultural Garden.
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 Sections 559.02 and
559.241 of the Codified Ordinances of
Cleveland, Ohio, 1976, as amended
and enacted by Ordinance No. 106206, passed December 11, 2006, are
amended to read as follows:
Section 559.02 Designation of Cleveland Cultural Gardens
In view of the improvements
installed and now existing in Rockefeller Parkway, and with the view
to perpetuating the sentimental and
historical association established:
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio and known as being part of
Original 100 Acre Lot Nos. 367, 375377, 384 and 385 of East Cleveland
Township, and bounded and described as follows:

The City Record

8
All that portion of Rockefeller
Parkway lying between Superior
Ave, N. E., on the South, the New
York Central Lines, LLC, on the
North, except that portion of St.
Clair Ave. N. E. lying within these
bounds, shall be designated Cleveland Cultural Gardens.
Legal description written in May
2006 by Braun-Prenosil Associates,
Inc., by Gregory J. Chatham Professional Surveyor No. 7882, subject to
all legal highways and easements of
record.
Cleveland Cultural Gardens shall
be subdivided into units, bounded
and described in the following sections.
Section 559.241

Armenian Garden

0.7205 ACRES
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio and known as being part of
Original 100 Acre Lot No. 367 of East
Cleveland Township, and also contained within Section “A”, Brookway
Division of Rockefeller Park, and
bounded and described as follows:
Beginning at the intersection of
St. Clair Street, N.E., 80 feet wide,
with the East line of said Original
100 Acre Lot No. 367, a 5/8" iron pin
monument box found and used;
Thence South 58° 43' 50" West,
along the centerline of said St. Clair
Street, N.E. a distance of 744.20 feet
to the centerline intersection of Dr.
Martin Luther King, Jr. Drive, a private road within said Rockefeller
Park, which point of intersection is
in the centerline of a bridge over
passing said Martin Luther King
Drive;
Thence North 32° 14' 33" West,
along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 34.91 feet to a point of curvature;
Thence along the centerline of
said Dr. Martin Luther King, Jr.
Drive, along a curve deflecting to
the right, having a radius of 790.00
feet, a central angle of 50° 02' 35",
an arc of 690.00 feet, a chord of
668.28 feet, which bears North 7° 13'
15" West to a point of tangency;
Thence North 17° 48' 03" East,
along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 275.00 feet to a point of curvature;
Thence along the centerline of
said Dr. Martin Luther King, Jr.
Drive, along a curve deflecting to
the left, having a radius of 1000.00
feet, a central angle of 10° 09' 23",
an arc of 177.26 feet, a chord of
177.03 feet, which bears North 12°
43' 21" East;
Thence radial from said centerline
South 82° 21' 21" East a distance of
35.00 feet to the principal place of
beginning of the land herein intended to be described, a capped 5/8"
iron pin set;
Thence continuing South 82° 21'
21" East a distance of 115.00 feet to
a capped 5/8" iron pin set;
Thence South 1° 00' 40" West a
distance of 244.07 feet to a capped
5/8" iron pin set;
Thence South 42 55¢ 17 East a
distance of 33.90 feet to the Northeast corner of Proposed Garden #30,
a capped 5/8” iron pin set;
Thence South 61° 34' 42" West,

along the North line of said Proposed Garden #30, a distance of
80.00 feet to the Northwest corner
thereof, a capped 5/8" iron pin set;
Thence parallel to and approximately 5.5' East of the edge of
pavement of an existing private
drive the following two (2) courses
and distances, each to a capped 5/8"
iron pin set:
Along a curve deflecting to the
left, having a radius of 1053.00 feet,
a central angle of 1° 59' 34", an arc
of 36.62 feet, a chord of 36.62 feet,
which bears North 13° 15' 59" West;
Along a curve deflecting to the
left, having a radius of 222.00 feet,
a central angle of 38° 20' 29", an
arc of 148.56 feet, a chord of 145.80
feet, which bears North 31° 13' 33"
West;
Thence North 7° 16' 35" East a
distance of 126.10 feet to a point
that is 35.00 feet radial from the centerline of said Dr. Martin Luther
King, Jr. Drive;
Thence along a curve deflecting
to the left, parallel to and 35.00 feet
East of the centerline of said Dr.
Martin Luther King, Jr. Drive, having a radius of 1035.00 feet, a central angle of 2° 03' 43", an arc of
37.25 feet, a chord of 37.25 feet,
which bears North 8° 40' 31" East
to the principal place of beginning
and containing 0.7205 acres of land,
according to the survey of March
2006 by Braun-Prenosil Associates,
Inc., by Gregory J. Chatham Professional Surveyor No. 7882
be the
same more or less but subject to all
legal highways and easements of
record.
Bearings are based on the centerline of St. Clair Street, N.E. (South
58° 43' 50" West) as recorded in
deed Vol. 660, Pg. 288 of Cuyahoga
County Records and are used to
denote angles only.
All pins set are 30-inch long by
5/8-inch diameter rebar with caps
imprinted “Braun-Prenosil Assoc.”
Section 2. That existing Sections
559.02 and 559.241 of the Codified
Ordinances of Cleveland, Ohio, 1976,
as amended and enacted by Ordinance No. 1062-06, passed December
11, 2006, are repealed.
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 Parks,
Recreation
and
Properties,
City
Planning Commission, Finance, Law;
Committees on Public Parks, Property and Recreation, City Planning,
Legislation, Finance.
Ord. No. 1611-07.
By Council Member Conwell.
An emergency ordinance authorizing the sale of real property as part
of the Land Reutilization Program
and located on Kelton Avenue to
Lavora G. Gadison.
Whereas, the City of Cleveland
has elected to adopt and implement
the procedures under Chapter 5722
of the Ohio Revised Code to facilitate reutilization of nonproductive

1804

October 3, 2007
lands situated within the City of
Cleveland; and
Whereas, real property acquired
under the City’s Land Reutilization
Program is acquired, held, administered and disposed of by the City of
Cleveland through its Department of
Community Development under the
terms of Chapter 5722 of the Ohio
Revised Code and Section 183.021 of
Codified Ordinances of the City of
Cleveland, 1976; 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 pursuant to Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the
Commissioner of Purchases and Supplies is hereby authorized to sell
Permanent Parcel No(s). 120-10-125,
as more fully described below, to
Lavora G. Gadison.
Section 2. That the real property
to be sold pursuant to this ordinance
is more fully described as follows:
P. P. No. 120-10-125
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio, and known as being all of
Sublot No. 23 in the H. Clark Ford’s
Allotment of part of Original One
Hundred Acre Lots Nos. 387 and 388
as shown by the recorded plat in
Volume 14 of Maps, Page 47 of Cuyahoga County Records, and being 40
feet front on the Northerly line of
Kelton Avenue, N.E., and extends
back between parallel lines, 125 feet
deep, as appears by said plat, be the
same more or less, but subject to all
legal highways.
Section 3. That all documents necessary to complete the conveyance
authorized by this ordinance shall
be executed within six (6) months
of the effective date of this ordinance. If all of the documents are
not executed within six (6) months
of the effective date of this ordinance, or such additional time as
may be granted by the Director of
Community Development, this ordinance shall be repealed and shall be
of no further force or effect.
Section 4. That the consideration
for the subject parcel shall be established by the Board of Control and
shall be not less than Fair Market
Value taking into account such
terms and conditions, restrictions
and covenants as are deemed necessary or appropriate.
Section 5. That the conveyance
authorized hereby shall be made by
official deed prepared by the Director of Law and executed by the
Mayor on behalf of the City of
Cleveland. The deed shall contain
such provisions as may be necessary
to protect and benefit the public
interest including such restrictive
covenants and reversionary interests as may be specified by the
Board of Control, the Director of
Community
Development
or
the
Director of Law.
Section 6. 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,

October 3, 2007
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 Community Development, City Planning
Commission, Finance, Law; Committees on Community and Economic
Development, Finance.
Ord. No. 1612-07.
By Council Member Conwell.
An emergency ordinance authorizing the sale of real property as part
of the Land Reutilization Program
and located on East 111th
Street
to Yolanda Savoury.
Whereas, the City of Cleveland
has elected to adopt and implement
the procedures under Chapter 5722
of the Ohio Revised Code to facilitate reutilization of nonproductive
lands situated within the City of
Cleveland; and
Whereas, real property acquired
under the City’s Land Reutilization
Program is acquired, held, administered and disposed of by the City of
Cleveland through its Department of
Community Development under the
terms of Chapter 5722 of the Ohio
Revised Code and Section 183.021 of
Codified Ordinances of the City of
Cleveland, 1976; 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 pursuant to Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the
Commissioner of Purchases and Supplies is hereby authorized to sell
Permanent Parcel No(s). 120-03-139,
as more fully described below, to
Yolanda Savoury.
Section 2. That the real property
to be sold pursuant to this ordinance
is more fully described as follows:
P. P. No. 120-03-139
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio, and known as being part of
Sublot No. 11 and part of Sublot No.
12 in Hamilton’s Allotment, of part
of Original One Hundred Acre Lot
No. 387, as shown by the recorded
plat in Volume 24 of Maps, Page
13 of Cuyahoga County Records
and together forming a parcel of
land bounded and described as follows:
Beginning on the Easterly line
of East 111th Street at the Northwesterly corner of land conveyed
to Joseph Pitrone and Carmella
Pitrone by deed dated August 16,
1943 and recorded in Volume 5629,
Page 131 of Cuyahoga County
Records; thence Southerly along
the Easterly line of East 111th
Street, 50 feet to the Southwesterly corner of land so conveyed to
Joseph
Pitrone
and
Carmella
Pitrone; thence Easterly, along the
Southerly line of land so conveyed,
about 121.24 feet to a point distant
54 feet Westerly, measured along
said Southerly line from its intersection with the Easterly line of
said Sublot No. 12; thence Norther-

The City Record
ly and parallel with the Easterly
line of said Sublot Nos. 12 snd 11,
50 feet to the Northerly line of
land so conveyed to Joseph Pitrone
and Carmella Pitrone as aforesaid;
thence Westerly along the Northerly line of land so conveyed, about
121.85 feet to the place of beginning, as appears by said plat, be
the same more or less, but subject
to all legal highways.
Section 3. That all documents
necessary to complete the conveyance authorized by this ordinance shall be executed within six
(6) months of the effective date of
this ordinance. If all of the documents are not executed within six
(6) months of the effective date of
this ordinance, or such additional
time as may be granted by the
Director of Community Development,
this
ordinance
shall
be
repealed and shall be of no further
force or effect.
Section 4. That the consideration
for the subject parcel shall be established by the Board of Control and
shall be not less than Fair Market
Value taking into account such
terms and conditions, restrictions
and covenants as are deemed necessary or appropriate.
Section 5. That the conveyance
authorized hereby shall be made by
official deed prepared by the Director of Law and executed by the
Mayor on behalf of the City of
Cleveland. The deed shall contain
such provisions as may be necessary
to protect and benefit the public
interest including such restrictive
covenants and reversionary interests as may be specified by the
Board of Control, the Director of
Community
Development
or
the
Director of Law.
Section 6. 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
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 Community Development, City Planning
Commission, Finance, Law; Committees on Community and Economic
Development, Finance.
Ord. No. 1613-07.
By Council Member White.
An emergency ordinance authorizing the sale of real property as part
of the Land Reutilization Program
and located on East 116th Street to
Margaret P. Tod Gregory.
Whereas, the City of Cleveland
has elected to adopt and implement
the procedures under Chapter 5722
of the Ohio Revised Code to facilitate reutilization of nonproductive
lands situated within the City of
Cleveland; and
Whereas, real property acquired
under the City’s Land Reutilization
Program is acquired, held, administered and disposed of by the City of
Cleveland through its Department of
Community Development under the
terms of Chapter 5722 of the Ohio
Revised Code and Section 183.021 of
Codified Ordinances of the City of
Cleveland, 1976; and

1805

9
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 pursuant to Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the
Commissioner of Purchases and Supplies is hereby authorized to sell
Permanent Parcel No(s). 136-19-017,
as more fully described below, to
Margaret P. Tod Gregory.
Section 2. That the real property
to be sold pursuant to this ordinance
is more fully described as follows:
P. P. No. 136-19-017
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio, and known as being Sublot No.
17 in William Jantzen’s Subdivision
of part of Original One Hundred
Acre Lot No. 467 as shown by the
recorded plat in Volume 15 of Maps,
Page
24
of
Cuyahoga
County
Records, and being 40 feet front on
the Westerly side of East 116th
Street, 137.51 feet deep on the Northerly line, 137.81 feet deep on the
Southerly line and 40 feet wide in
the rear, as appears by said plat.
Also subject to all zoning ordinances, if any.
Section 3. That all documents
necessary to complete the conveyance authorized by this ordinance shall be executed within six
(6) months of the effective date of
this ordinance. If all of the documents are not executed within six
(6) months of the effective date of
this ordinance, or such additional
time as may be granted by the
Director of Community Development,
this
ordinance
shall
be
repealed and shall be of no further
force or effect.
Section 4. That the consideration
for the subject parcel shall be established by the Board of Control and
shall be not less than Fair Market
Value taking into account such
terms and conditions, restrictions
and covenants as are deemed necessary or appropriate.
Section 5. That the conveyance
authorized hereby shall be made by
official deed prepared by the Director of Law and executed by the
Mayor on behalf of the City of
Cleveland. The deed shall contain
such provisions as may be necessary
to protect and benefit the public
interest including such restrictive
covenants and reversionary interests as may be specified by the
Board of Control, the Director of
Community
Development
or
the
Director of Law.
Section 6. 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
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 Community Development, City Planning
Commission, Finance, Law; Committees on Community and Economic
Development, Finance.

10
Ord. No. 1614-07.
By Council Member White.
An emergency ordinance authorizing the sale of real property as part
of the Land Reutilization Program
and located on Ella Avenue to Martin E. Liptak.
Whereas, the City of Cleveland
has elected to adopt and implement
the procedures under Chapter 5722
of the Ohio Revised Code to facilitate reutilization of nonproductive
lands situated within the City of
Cleveland; and
Whereas, real property acquired
under the City’s Land Reutilization
Program is acquired, held, administered and disposed of by the City of
Cleveland through its Department of
Community Development under the
terms of Chapter 5722 of the Ohio
Revised Code and Section 183.021 of
Codified Ordinances of the City of
Cleveland, 1976; 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 pursuant to Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the
Commissioner of Purchases and Supplies is hereby authorized to sell
Permanent Parcel No(s). 134-15-042,
134-15-043, 134-15-044 and 134-15-057,
as more fully described below, to
Martin E. Liptak.
Section 2. That the real property
to be sold pursuant to this ordinance
is more fully described as follows:
P. P. No. 134-15-042
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio, and known as being the
Southerly part of Sublot of No.9 and
the Southwesterly part of Sublot 8
in the Marie Ebding’s Re-Subdivision of part of Original Lot No. 464
as shown by the recorded plat in
Volume 31 of Maps, Page 7 of Cuyahoga County Records. Said parts of
Sublot Nos. 9 and 8 together forming a parcel of land having a
frontage of 60 feet on Ella Avenue,
S.E. extending back 60 feet on the
Northwesterly side and 42 feet on
the Northeasterly side, be the same
more or less but subject to all legal
highways.
P. P. Nos. 134-15-043, 134-15-044
and 134-15-057
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio, and known as being all of
Sublot No. 7 and part of Sublot Nos.
8 and 9 in Marie Ebdings Re-Subdivision of S.H. Webbs Subdivision of
a part of Original One Hundred Acre
Lot No. 46 as recorded in Volume 31
of Maps, Page 7 of Cuyahoga County Records bounded and described
as follows:
Beginning in the Northerly line of
Ella Avenue with the Westerly line
of a 10 foot alley, being the Southeast corner of Sublot No. 7 in said
Re-Subdivision;
thence
Northerly
along said Westerly line of said
alley, a distance of 106.48 feet to the
Northeast corner of said Sublot No.
7; thence Westerly along the North-

The City Record
erly line of Sublot No. 7 a distance
of 40.00 feet to the Northwest corner
thereof; thence along said Westerly
line of Sublot No. 7, a distance of
2.80 feet to the Northerly corner of
Sublot No. 9 in said Re-Subdivision;
thence Southerly along the Westerly line of Sublot No. 9, a distance of
94.99 feet to the most Northerly corner of land conveyed to Northfield
Improvement
Company
by
deed
recorded in Volume 5695, Page 190
of Cuyahoga County Records; thence
Southerly along said Easterly line
of land, 42.00 feet to the Northerly
line of Ella Avenue; thence Easterly along the Northerly line of Ella
Avenue, a distance of 94.22 feet to
the place of beginning, be the same
more or less, but subject to all legal
highways.
Also subject to all zoning ordinances, if any.
Section 3. That all documents
necessary to complete the conveyance authorized by this ordinance shall be executed within six
(6) months of the effective date of
this ordinance. If all of the documents are not executed within six
(6) months of the effective date of
this ordinance, or such additional
time as may be granted by the
Director of Community Development,
this
ordinance
shall
be
repealed and shall be of no further
force or effect.
Section 4. That the consideration
for the subject parcel shall be established by the Board of Control and
shall be not less than Fair Market
Value taking into account such
terms and conditions, restrictions
and covenants as are deemed necessary or appropriate.
Section 5. That the conveyance
authorized hereby shall be made by
official deed prepared by the Director of Law and executed by the
Mayor on behalf of the City of
Cleveland. The deed shall contain
such provisions as may be necessary
to protect and benefit the public
interest including such restrictive
covenants and reversionary interests as may be specified by the
Board of Control, the Director of
Community
Development
or
the
Director of Law.
Section 6. 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
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 Community Development, City Planning
Commission, Finance, Law; Committees on Community and Economic
Development, Finance.
Ord. No. 1615-07.
By Council Member Lewis.
An emergency ordinance authorizing the sale of real property as part
of the Land Reutilization Program
and located on Wade Park Avenue
to Sarah Washington.
Whereas, the City of Cleveland
has elected to adopt and implement

1806

October 3, 2007
the procedures under Chapter 5722
of the Ohio Revised Code to facilitate reutilization of nonproductive
lands situated within the City of
Cleveland; and
Whereas, real property acquired
under the City’s Land Reutilization
Program is acquired, held, administered and disposed of by the City of
Cleveland through its Department of
Community Development under the
terms of Chapter 5722 of the Ohio
Revised Code and Section 183.021 of
Codified Ordinances of the City of
Cleveland, 1976; 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 pursuant to Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the
Commissioner of Purchases and Supplies is hereby authorized to sell
Permanent Parcel No(s). 106-07-024,
as more fully described below, to
Sarah Washington.
Section 2. That the real property
to be sold pursuant to this ordinance
is more fully described as follows:
P. P. No. 106-07-024
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio being a part of Original One
Hundred Acre No. 383 and bounded
and described as follows:
Beginning at the intersection of
the Northerly line of Wade Park
Avenue, N.E., with the Easterly line
of East 82nd Street; thence Easterly
along the Northerly line of Wade
Park Avenue, N.E. 45 feet; thence
Northerly parallel with Easterly
82nd Street, 95 feet; thence Westerly parallel with Wade Park Avenue,
N.E., 45 feet to the Easterly line of
East 82nd Street; thence Southerly
along the Easterly line of East 82nd
Street, 95 feet to the place of beginning, and being further known as a
part of Parcel No. 41 in L.M. Southern’s proposed Allotment of a part
of Original One Hundred Acre Nos.
385 and 391, be the same more or
less, but subject to all legal highways.
Section 3. That all documents
necessary to complete the conveyance authorized by this ordinance shall be executed within six
(6) months of the effective date of
this ordinance. If all of the documents are not executed within six
(6) months of the effective date of
this ordinance, or such additional
time as may be granted by the
Director of Community Development,
this
ordinance
shall
be
repealed and shall be of no further
force or effect.
Section 4. That the consideration
for the subject parcel shall be established by the Board of Control and
shall be not less than Fair Market
Value taking into account such
terms and conditions, restrictions
and covenants as are deemed necessary or appropriate.
Section 5. That the conveyance
authorized hereby shall be made by
official deed prepared by the Direc-

October 3, 2007
tor of Law and executed by the
Mayor on behalf of the City of
Cleveland. The deed shall contain
such provisions as may be necessary
to protect and benefit the public
interest including such restrictive
covenants and reversionary interests as may be specified by the
Board of Control, the Director of
Community
Development
or
the
Director of Law.
Section 6. 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
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 Community Development, City Planning
Commission, Finance, Law; Committees on Community and Economic
Development, Finance.
Ord. No. 1619-07.
By Council Member Britt.
An emergency ordinance authorizing the sale of real property as part
of the Land Reutilization Program
and located on Shaker Boulevard,
Rosehill Avenue to Cleveland Arts
and Social Sciences Academy, Inc.
Whereas, the City of Cleveland
has elected to adopt and implement
the procedures under Chapter 5722
of the Ohio Revised Code to facilitate reutilization of nonproductive
lands situated within the City of
Cleveland; and
Whereas, real property acquired
under the City’s Land Reutilization
Program is acquired, held, administered and disposed of by the City of
Cleveland through its Department of
Community Development under the
terms of Chapter 5722 of the Ohio
Revised Code and Section 183.021 of
Codified Ordinances of the City of
Cleveland, 1976; 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 pursuant to Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the
Commissioner of Purchases and Supplies is hereby authorized to sell
Permanent Parcel No(s). 128-07-038
and 128-06-051, as more fully described below, to Cleveland Arts and
Social Sciences Academy, Inc.
Section 2. That the real property
to be sold pursuant to this ordinance
is more fully described as follows:
P.P. No(s). 128-07-038
and 128-06-051
Parcel No. 1
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio, and known as being Sublot No.
121 in the Van Sweringen Company’s Re-Subdivision of the Weybridge Land Company’s Subdivision
No. 1 part of Original One Hundred
Acre Lots Nos. 425 and 426 as shown

The City Record
by the recorded plat of said Re-Subdivision in Volume 49 of Maps, Page
16 of Cuyahoga County Records.
Said Sublot No. 121 has a frontage
of 40 08/100 feet on the Southerly
curved line of Rosehill Avenue, S.E.,
and extends back 168 33/100 feet on
the Easterly line, 165 40/100 feet on
the Westerly line, and a rear line of
40 feet, as appears by said plat, be
the same more or less, but subject
to all legal highways.
Parcel No. 2
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio, and known as being Sublot No.
122 in the Van Sweringen Company’s Re-Subdivision of the Weybridge Land Company’s Subdivision
No. 1 part of Original One Hundred
Acre Lots Nos. 425 and 426 as shown
by the recorded plat in Volume 49
of Maps, Page 16 of Cuyahoga County Records, and being 50.08 feet
front on the Southerly side of Rosehill Avenue, S.E., and extends back
127.40 feet on the Easterly line
131.45 feet on the Westerly line, and
has a rear line of 50.50 feet, as
appears by said plat, be the same
more or less, but subject to all legal
highways.
Section 3. That all documents
necessary to complete the conveyance authorized by this ordinance shall be executed within six
(6) months of the effective date of
this ordinance. If all of the documents are not executed within six
(6) months of the effective date of
this ordinance, or such additional
time as may be granted by the
Director of Community Development,
this
ordinance
shall
be
repealed and shall be of no further
force or effect.
Section 4. That the consideration
for the subject parcel shall be established by the Board of Control and
shall be not less than Fair Market
Value taking into account such
terms and conditions, restrictions
and covenants as are deemed necessary or appropriate.
Section 5. That the conveyance
authorized hereby shall be made by
official deed prepared by the Director of Law and executed by the
Mayor on behalf of the City of
Cleveland. The deed shall contain
such provisions as may be necessary
to protect and benefit the public
interest including such restrictive
covenants and reversionary interests as may be specified by the
Board of Control, the Director of
Community
Development
or
the
Director of Law.
Section 6. 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
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 Community Development, City Planning
Commission, Finance, Law; Committees on Community and Economic
Development, Finance.

1807

11
FIRST READING EMERGENCY
ORDINANCES READ IN FULL
AND PASSED
Ord. No. 1616-07.
By Council Members Brady, Zone
and Sweeney (by departmental request).
An emergency ordinance declaring a moratorium on the issuance of
sidewalk and street obstruction permits to Service Providers as specified in this ordinance.
Whereas, under Ordinance No.
1274-07, passed August 8, 2007, for
the reasons stated in the preamble
to the ordinance, this Council declared a moratorium on review of
applications for and the issuance of
obstruction permits under Sections
411.011 and 507.06 the Codified Ordinances of Cleveland, Ohio, 1976, for
the placement of Above Ground
Facilities in the Public Right-ofWay by Service Providers for a period commencing on the effective date
of the ordinance and ending on
either the effective date of an ordinance regulating the installation of
Above Ground Facilities by Service
Providers in the Public Right-ofWay or October 8, 2007, whichever
date occurred first; and
Whereas, this Council has not
completed its consideration of Ordinance No. 1242-07 for the use of the
Public Right-of-Way by Service Providers that includes obtaining a permit for Above Ground Facilities installations and regulates the placement of these facilities in the Public Right-of-Way; and
Whereas, for the reasons contained in the preamble to Ordinance
No. 1274-07, passed August 8, 2007
and incorporated by reference herein, this ordinance constitutes an
emergency measure for the immediate preservation of the public peace,
property, health, safety, or welfare
in that a moratorium on the review
of applications for and the permitting of sidewalk and street obstructions for Above Ground Facilities by
Service Providers is necessary to
enable this Council to consider reasonable regulation of the installation of these facilities by Service
Providers and prevent unregulated
proliferation of Above Ground Facilities by Service Providers through
the issuance of obstruction permits
prior to either the effective date of
the
City’s
regulation
of
Above
Ground Facilities or October 8, 2007,
whichever occurs first; now therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That this Council declares a moratorium on review of
applications for and the issuance of
obstruction permits under Sections
411.011 and 507.06 the Codified Ordinances of Cleveland, Ohio, 1976, for
the placement of Above Ground
Facilities in the Public Right-ofWay by Service Providers for a
period commencing on the effective
date of this ordinance and ending on
either the effective date of an ordinance regulating the installation of
Above Ground Facilities by Service
Providers in the Public Right-ofWay or October 8, 2007, whichever
date occurs first, provided however
that the Director of Public Service

12
may issue an obstruction permit, or
other approval, upon a showing by
a Service Provider of the existence
of an emergency situation that supports the immediate installation of
Above Ground Facilities to remedy
the emergency.
Section 2. That, as used in this
ordinance, the following words and
phrases shall have the following
meanings:
(a)
“Above
Ground
Facilities”
means that portion of a System
located on the surface of the Public
Right-of-Way outside of the paved
street.
(b) “Facilities” means the plant,
equipment and property, including
but not limited to, cables, fibers,
wires, pipes, conduits, ducts, pedestals, antennae, electronics, poles,
pipes, mains, plant, equipment and
other appurtenances located in the
Public Right-of-Way and used or to
be used to operate a System to
transmit, receive, distribute, provide
or offer a Service.
(c) “Public Right-of-Way” means
the surface of, and the space within, through, on, across, above or
below, the paved or unpaved portion
of any public street, public road,
public highway, public freeway,
public lane, public path, public
alley, public court, public sidewalk,
public boulevard, public parkway,
public drive, public easement and
any other land dedicated or otherwise designated for a compatible
public use, which is controlled by
the City.
(d) “Service Provider” means any
person who directly or indirectly
owns, controls, operates or manages
Facilities within the Public Rightof-Way used or to be used for the
purpose of operating a System to
transmit, receive, distribute or provide Services.
(e) “Service” means the offering
of water, sewer, electric, gas, telephone,
telecommunications,
cable
television, video service, information
or other utility-like service for a fee
directly to the public, or to the classes of users as to be effectively available to the public, regardless of the
Facilities used.
(f) “System” means a network of
Facilities
for
the
transmission
and/or distribution of a Service.
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.
Pursuant to Rule 19 of the Rules
of council, Council Member Kelley
elected to recuse himself from the
vote regarding Ordinance No. 161607. He further requested that the
City Record reflect his recusal.
Motion to suspend rules. Charter
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 19.
Nays 0.

The City Record
Ord. No. 1617-07.
By Council Members Cimperman,
Pierce Scott and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Community Development to lease certain property
located at 1550 Superior Avenue to
Mental Health Services, Inc., for a
term of five years, with one fiveyear option to renew, for the purpose of operating a transitional
housing facility for homeless men;
and authorizing the Director to
enter into a grant agreement with
Mental Health Services, Inc. to provide assistance to purchase furnishing and equipment needed to operate the facility.
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 notwithstanding
and as an exception to the provisions of Chapters 181 and 183 of the
Codified Ordinances of Cleveland,
Ohio, 1976, the Director of Community Development is authorized to
lease to Mental Health Services,
Inc. (“Lessees”), certain property
located at 1550 Superior Avenue
which is suitable for lease and
operation by another party for the
public purpose of operating a transitional housing facility for homeless men.
Section 2. That the term of the
lease authorized by this ordinance
shall not exceed five years, with one
five-year option to renew, exercisable by the Director of Community
Development.
Section 3. That the property described above shall be leased at a
rental of $1.00, and other valuable
considerations, which is determined
to be fair market value.
Section 4. That the lease may
authorize the Lessees to make
improvements to the leased premises subject to the approval of
appropriate City agencies and officials.
Section 5. That the lease shall be
prepared by the Director of Law and
shall contain any terms and conditions as are required to protect the
interests of the City.
Section 6. That the Director of
Community Development, the Director of Law, and other appropriate
City officials are authorized to execute any other documents and certificates, and take any other actions
which may be necessary or appropriate to effect the lease authorized
by this ordinance.
Section 7. That the Director of
Community Development is authorized to enter into a grant agreement with Mental Health Services,
Inc. to provide assistance to purchase furnishing and equipment
needed to operate the facility as a
transitional
housing
facility
for
homeless men.
Section 8. That the costs of the
grant shall not exceed an amount of
$220,000 and shall be paid from
Fund No. 17 SF 652, Request No.
178615.

1808

October 3, 2007
Section 9. That the agreement
and other appropriate documents
needed to complete the transaction
authorized by this legislation shall
be prepared by the Director of
Law.
Section 10. 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.
Motion to suspend rules. Charter
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 20.
Nays 0.
Ord. No. 1618-07.
By Council Member Turner.
An emergency ordinance authorizing the Director of Parks, Recreation and Properties to enter into
an agreement with the Harvard
Community Service Center for the
Young Women’s Youth Sports and
Recreation Program through the
use of Ward 1 Neighborhood Equity Funds.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Parks, Recreation and Properties is
authorized to enter into an agreement with the Harvard Community
Service
Center
for
the
Young
Women’s Youth Sports and Recreation Program for the public purpose of providing organized recreational and sports activities for high
school and elementary girls residing
in the City of Cleveland through the
use of Ward 1 Neighborhood Equity
Funds.
Section 2. That the cost of said
contract shall be in an amount not
to exceed $3,500 and shall be paid
from Fund No. 10 SF 166.
Section 3. That the Director of
Law shall prepare and approve said
contract and that the contract shall
contain such terms and provisions
as he deems necessary to protect the
City’s interest.
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
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.
Motion to suspend rules. Charter
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 20.
Nays 0.

October 3, 2007
Ord. No. 1620-07.
By Council Member Sweeney.
An emergency ordinance determining the bid of Cleveland Letter Service, Inc. the lowest and best bid for
addressing services and mailing services Part I – Self-mailers, Items A,
B, C, and D and Part II – InEnvelopes, Items A and B, and authorizing the Clerk of Council to enter
into contract with Cleveland Letter
Service, Inc. for the necessary items
of addressing services and mailing
services for a period of two years
with two one year options to renew
exercisable by the Clerk of Council.
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 Council determines
that the bid of Cleveland Letter Service, Inc. for addressing services
and mailing services Part I – Selfmailers, Items A, B, C, and D and
Part II – In-Envelopes, Items A and
B, received on September 7, 2007, in
response to the invitation to bid for
mailing services for Cleveland City
Council, is the lowest and best bid
received after advertising in accordance with the Charter and Codified
Ordinances of the City of Cleveland.
Section 2. The Clerk of Council is
hereby authorized to enter into a
written requirement contract in accordance with the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, and in accordance with
bid specifications, with Cleveland
Letter Service, Inc. for the requirements for the period of two years,
with two one year options to renew
exercisable by the Clerk of Council,
for the necessary items of addressing services and mailing services
Part I – Self-mailers, Items A, B, C,
and D and Part II – In-Envelopes,
Items A and B to be purchased by
the Commissioner of Purchases and
Supplies upon a unit basis for Cleveland City Council. The term of such
written requirement contract shall
begin on October 1, 2007.
Section 3. That the cost of said
contract shall be charged against
the proper appropriation account
and the Director of Finance shall
certify thereon the amount of the
initial purchase thereunder, which
purchase, together with all subsequent purchases, shall be made on
order of the Commissioner of Purchases and Supplies under a requisition against such contract duly
certified by the Director of Finance.
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
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.
Motion to suspend rules. Charter
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 20.
Nays 0.

The City Record
Ord. No. 1621-07.
By Council Member Lewis.
An emergency ordinance authorizing the Director of the Department
of Parks, Recreation and Properties
to enter into an agreement with
Lexington-Bell Community Center
for the Summer Enrichment Program through the use of Ward 7
Neighborhood Equity Funds.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of the
Director
of
the
Department
of
Parks, Recreation and Properties to
enter into an agreement with Lexington-Bell Community Center for
the Summer Enrichment Program
the for the public purpose of providing organized educational and
recreational
activities
to
youths
residing in the city of Cleveland
through the use of Ward 7 Neighborhood Equity Funds.
Section 2. That the cost of said
contract shall be in an amount not
to exceed $5,000 and shall be paid
from Fund No. 10 SF 166.
Section 3. That the Director of
Law shall prepare and approve said
contract and that the contract shall
contain such terms and provisions
as he deems necessary to protect the
City’s interest.
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
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.
Motion to suspend rules. Charter
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 20.
Nays 0.
FIRST READING EMERGENCY
RESOLUTIONS READ IN FULL
AND ADOPTED
Res. No. 1622-07.
By Council Member Britt.
An emergency resolution supporting the Ohioans for Healthy Families Campaign in its effort to submit legislation known as the Ohio
Healthy Families Act to the Ohio
General Assembly requiring businesses with more than 25 workers
to allow full-time employees to earn
7 paid sick days per year and parttime workers to earn a pro-rated
number of paid sick days.
Whereas,
94
million
working
Americans do not have paid sick
days to use to care for a sick child;
and
Whereas, nearly half of all private sector workers in the United
States are not provided any paid
sick time; and
Whereas, two-thirds of part-time
female employees also forgo pay
when they miss work to care for
their children; and

1809

13
Whereas, too many Ohioans are
forced to choose between a sick
child or parent and their paycheck;
and
Whereas, the average cost to
allow workers to earn paid sick
days would be 35 cents per day per
full-time employee; and
Whereas,
the
proposed
Ohio
Healthy Families Act would require
businesses with more than 25 workers to allow full-time employees to
earn 7 paid sick days per year, and
part-time workers could earn a prorated number of paid sick days
depending on the number of hours
worked; and
Whereas, under the proposed Act,
earned sick time could be used by
an employee for an absence to care
for themselves, children, parent or
spouse who has a physical or mental illness, injury or medical condition or needs a diagnosis or preventative medical care; and
Whereas, it is the goal of the Ohio
Healthy Families Campaign to submit the proposed Act and over
120,000 valid signatures to the Ohio
General Assembly by the end of
December, 2007; and
Whereas, this resolution constitutes an emergency measure for the
immediate preservation of public
peace, property, health or safety,
now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That this Council hereby
supports
the
Ohioans
for
Healthy Families Campaign in its
effort to submit proposed legislation known as the Ohio Healthy
Families Act to the Ohio General
Assembly requiring businesses with
more than 25 workers to allow fulltime employees to earn 7 paid sick
days per year and part-time workers to earn a pro-rated number of
paid sick days.
Section 2. That the Clerk of Council is directed to submit copies of
this resolution to Gloria J. Fauss of
Ohioans for Healthy Families.
Section 3. That this resolution 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
immediately upon its adoption and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules. Charter
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 20.
Nays 0.
Res. No. 1623-07.
By Council Member Santiago.
An emergency resolution objecting to the transfer of ownership of
a C1 Liquor Permit to 3726 Clark
Avenue.
Whereas, Council has been notified by the Department of Liquor
Control of an application for the
transfer of ownership of a C1 Liquor
Permit from Nayyar, LLC, DBA
Clark Sunoco, 3726 Clark Avenue,
Cleveland, Ohio 44113, Permanent

14
Number 6321149 to Clark Mart Corporation, DBA Clark Sunoco, 3726
Clark Avenue, Cleveland, Ohio 44113,
Permanent Number 1525480; and
Whereas, the granting of this
application for a liquor permit to
this high crime area, which is
already saturated with other liquor
outlets, is contrary to the best interests of the entire community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard
of the laws, regulations or local
ordinances of this state or any other
state; and
Whereas, the place for which the
permit is sought has not conformed
to the building, safety or health
requirements of the governing body
of this County or City; and
Whereas, the place for which the
permit is sought is so arranged or
constructed that law enforcement
officers or agents of the Department
of Liquor Control are prevented reasonable access to the establishment;
and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based
on other legal grounds as set forth
in Revised Code Section 4303.292;
and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to
Section 4303.26 of the Ohio Revised
Code. Council’s objection to said
permit must be received by the
Director of Liquor Control within
30 days of notification; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That Council does hereby record its objection to the transfer of ownership of a C1 Liquor Permit from Nayyar, LLC, DBA Clark
Sunoco, 3726 Clark Avenue, Cleveland, Ohio 44113, Permanent Number
6321149 to Clark Mart Corporation,
DBA Clark Sunoco, 3726 Clark Avenue, Cleveland, Ohio 44113, Permanent Number 1525480; and requests
the Director of Liquor Control to set
a hearing for said application in
accordance with provisions of Section 4303.26 of the Revised Code of
Ohio.
Section 2. That the Clerk of Council be and she is hereby directed to
transmit two certified copies of this
resolution, together with two copies
of a letter of objection and two
copies of a letter requesting that the
hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution 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
immediately upon its adoption and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.

The City Record
Motion to suspend rules. Charter
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 20.
Nays 0.
Res. No. 1624-07.
By Council Member Brancatelli.
An emergency resolution withdrawing objection to the renewal of
a C1 Liquor Permit at 6501 Harvard
Avenue, and repealing Resolution
No. 1089-07, objecting to said renewal.
Whereas, this Council objected to
a C1 Liquor Permit to Moran Foods,
Inc., DBA Save A Lot, #638, 6501
Harvard Avenue by Resolution No.
1089-07 adopted by the Council on
July 11, 2007; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal and consents to said renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a C1
Liquor Permit to Moran Foods, Inc.,
DBA Save A Lot, #638, 6501 Harvard
Avenue, Cleveland, Ohio 44104, Permanent Number 61433910060 be and
the same is hereby withdrawn and
Resolution No. 1089-07, containing
such objection, be and the same is
hereby repealed and that this Council consents to the immediate renewal thereof.
Section 2. That this resolution 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
immediately upon its adoption and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules. Charter
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 20.
Nays 0.
Res. No. 1625-07.
By Council Member Cummins.
An emergency resolution withdrawing objection to the renewal of
a D2, D2X, D3 and D3A Liquor Permit at 2011 Broadview Road, and
repealing Resolution No. 1324-07,
objecting to said renewal.
Whereas, this Council objected to
a D2, D2X, D3 and D3A Liquor Permit to JBK Sales, Inc., DBA Wedge
Inn, 2011 Broadview Road, by Resolution No. 1324-07 adopted by the
Council on August 8, 2007; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal and consents to said renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,

1810

October 3, 2007
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a D2,
D2X, D3 and D3A Liquor Permit to
JBK Sales, Inc., DBA Wedge Inn,
2011 Broadview Road, Cleveland,
Ohio
44109,
Permanent
Number
4174557 be and the same is hereby
withdrawn and Resolution No. 132407, containing such objection, be and
the same is hereby repealed and
that this Council consents to the
immediate renewal thereof.
Section 2. That this resolution 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
immediately upon its adoption and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules. Charter
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 20.
Nays 0.
Res. No. 1626-07.
By Council Member Cummins.
An emergency resolution withdrawing objection to the renewal of
a D5 and D6 Liquor Permit at 5200
Memphis
Avenue,
and
repealing
Resolution No. 1325-07, objecting to
said renewal.
Whereas, this Council objected to
a D5 and D6 Liquor Permit to Revenue, Inc., DBA Cinema Lounge,
5200 Memphis Avenue, by Resolution
No. 1325-07 adopted by the Council
on August 8, 2007; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal and consents to said renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a D5
and D6 Liquor Permit to Revenue,
Inc., DBA Cinema Lounge, 5200
Memphis Avenue, Cleveland, Ohio
44144, Permanent Number 7315819 be
and the same is hereby withdrawn
and Resolution No. 1325-07, containing such objection, be and the same
is hereby repealed and that this
Council consents to the immediate
renewal thereof.
Section 2. That this resolution 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
immediately upon its adoption and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Motion to suspend rules. Charter
and statutory provisions and place
on final adoption.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 20.
Nays 0.

October 3, 2007
SECOND READING EMERGENCY
ORDINANCES PASSED
Ord. No. 1418-07.
By
Council
Members
Johnson,
Pierce Scott and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Economic Development to enter into contract with
Buckeye (Cleveland) Area Development Corporation, to provide development
assistance
to
partially
finance the acquisition, interior renovation, and soft costs of the Moreland Theatre Complex, located at
11810 Buckeye Road, and certain
other costs necessary to redevelop
the property.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 20.
Nays 0.
Ord. No. 1419-07.
By Council Members Pierce Scott
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with Cuyahoga County Department of Development to provide economic development assistance to
partially
finance
the
feasibility
study for the Lake Erie Wind Energy Center.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 20.
Nays 0.
Ord. No. 1420-07.
By Council Members Zone, Pierce
Scott and Sweeney (by departmental
request).
An emergency ordinance authorizing the Director of Economic Development to enter into contract with
the Detroit Shoreway Community
Development Organization, to provide development assistance to partially finance the renovation of the
Capitol Theatre located at 1400 West
65th Street, and certain other costs
necessary to redevelop the property.
Approved by Directors of Economic Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 20.
Nays 0.
Ord. No. 1424-07.
By Council Members Kelley, Conwell and Sweeney (by departmental
request).
An emergency ordinance authorizing the purchase by one or more requirement contracts of law enforcement and related security services
at Cleveland Hopkins International
Airport and Burke Lakefront Airport, for the Department of Port
Control, for a period up to one year,

The City Record
with two one-year options to renew,
or until local, state, or federal law
changes police protection authorization or requirements at the City’s
airports, whichever first occurs.
Approved by Directors of Port
Control, Finance, Law; Passage recommended by Committees on Aviation
and
Transportation,
Public
Safety, Finance; when amended as
follows:
1. In Section 1, line 3, after
“either” insert “: 1)”; and between
“one year” and the comma, insert
“with an initial term that shall not
extend beyond December 31, 2008”.
2. In Section 1, line 4, after “Port
Control” strike “, or” and insert “if
authorized by additional legislative
authority, or 2)”.
3. In Section 1, at the end, add the
following: “Any person employed to
perform law enforcement or related
security services under a contract
entered into under the authority of
this
ordinance
shall
have
Ohio
Peace Officer Training Academy
certified training and full arrest
authority. Upon issuance of the
Request for Qualifications (“RFQ”),
the Director of Port Control shall
provide a copy of it to this Council.
Not later than execution of a contract for the services authorized by
this ordinance, the Director of Port
Control shall submit to this Council
the organizational structure that
will be employed in the provision of
services contemplated by this ordinance.
The
executive
summary,
answers to questions posed by this
Council and other documents submitted to this Council during the
hearings conducted on this ordinance shall be included in legislative File No. 1424-07-A.”.
Amendments agreed to.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 15.
Nays 5.
In compliance with Section 33 of
the Charter, a copy of the legislation was furnished to each member
of Council before final passage.
Those voting yea: Council Members Sweeney, Brancatelli, Britt,
Cimperman, Cleveland, Coats, Conwell, Johnson, Kelley, Pierce Scott,
Santiago, Turner, Westbrook, White
and Zone.
Those voting nay: Council Members Brady, Cummins, Keane, Polensek and Reed.
Absent: Council Member Lewis.
Ord. No. 1570-07.
By Council Members Brady, Pierce
Scott and Sweeney (by departmental
request).
An emergency ordinance to amend
Section 2 of Ordinance No. 747-07,
passed May 7, 2007, relating to a
contract with Friends of the Historic Variety Theatre, Inc. to provide assistance to partially finance
project costs associated with the
acquisition, capital reserves, and
maintenance of property located at
11816-11824 Lorain Avenue.
Approved by Directors of Community Development, Finance, Law;
Passage recommended by Committees on Community and Economic
Development, Finance.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Passed. Yeas 20.
Nays 0.

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15
SECOND READING EMERGENCY
RESOLUTIONS ADOPTED
Res. No. 1269-07.
By Council Members Cimperman,
Brady and Sweeney (by request).
An emergency resolution declaring
the intent to vacate a portion of West
7th Street.
Approved by Directors of Public
Service, City Planning Commission,
Finance, Law; Adoption recommended by Committees on Public Service,
City Planning, Finance.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 20.
Nays 0.
Res. No. 1270-07.
By
Council
Members
Sweeney,
Brady and Cimperman (by request).
An emergency resolution declaring
the intent to vacate a portion of
Justin Avenue, S.W.
Approved by Directors of Public
Service, City Planning Commission,
Finance, Law; Adoption recommended by Committees on Public Service,
City Planning, Finance.
The rules were suspended. Yeas
20. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 20.
Nays 0.
LAID ON THE TABLE
Ord. No. 1245-07.
By Council Members Britt and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
the United States Department of
Health and Human Services for the
ASIST
Cleveland
2010
Program;
authorizing the purchase by one or
more requirement contracts of materials, equipment, supplies, services;
and authorizing the director to enter
into contract with NEON, and various entities, agencies, or individuals
needed to implement the grant.
Without objection, Ordinance No.
1245-07 was relieved of further consideration of all committees and laid
on the table pursuant to the Rules
of Council.
The rules were suspended. Yeas
20. Nays 0. Ordinance No. 1245-07 laid
on the table.
MOTION
By Council Member Conwell, seconded by Council Member Cimperman, and unanimously carried that
the absence of Council Member Fannie M. Lewis, be and is hereby
authorized.
MOTION
The Council Meeting adjourned at
8:05 p.m. to meet on Monday, October 8, 2007, at 7:00 p.m. in the Council Chambers.

Charlene Berry
City Clerk, Clerk of Council
Pro Tempore

The City Record

16
THE CALENDAR
The following measures will be on
their final passage at the next meeting:
NONE

BOARD OF CONTROL

September 26, 2007
The regular meeting of the Board
of Control convened in the Mayor’s
office on Wednesday, September 26,
2007, at 10:30 a.m. with Director Triozzi presiding.
Present: Directors Triozzi, Dumas,
Interim Directors Withers, Director
Wasik, Acting Director Bialostosky,
Directors Cox, Rush, Hutchinson,
Reilly, Fumich and Rybka.
Absent: Mayor Jackson and Directors Smith, Flask and Guzman.
Others: Jim Hardy, Commissioner,
Purchases and Supplies.
Debra
Linn
Talley,
Director,
Office of Equal Opportunity.
On motions, the following resolutions were adopted, except as may
be otherwise noted:
Resolution No. 542-07.
By Director Dumas.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of Dougherty Lumber Company, for
an estimated quantity of lumber, for
the various divisions of City government, for the period of one (1) year
beginning with the date of execution of a contract, received on
August 2, 2007, under the authority
of Ordinance No. 179-07, passed on
February 26, 2007, which on the
basis of the estimated quantity
would amount to $649,532.25, is affirmed and approved as the lowest
and best bid, and the Director of
Finance is requested to enter into a
requirement contract for the goods
and/or services, which shall provide
for the immediate purchase as the
initial amount of the contract of the
following:
Requisition No. 170629
which shall be certified against the
contract in the sum of $32,500.00.
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for the goods
and/or services, whether more or
less than the estimated quantity, as
may be ordered under subsequent
requisitions
separately
certified
against the contract.
Yeas: Directors Triozzi, Dumas,
Interim Directors Withers, Director
Wasik, Acting Director Bialostosky,
Directors Cox, Rush, Hutchinson,
Reilly, Fumich and Rybka.
Nays: None.
Absent: Mayor Jackson and Directors Smith, Flask and Guzman.
Resolution No. 543-07.
By Interim Director Withers.
Be it resolved, by the Board of
Control of the City of Cleveland that
all bids received on September 14,
2007, for labor and materials to provide maintenance, repair and/or replacement of heating, ventilation
and air conditioning systems, for the

Divisions of Water, Water Pollution
Control and Cleveland Public Power,
Department of Public Utilities, under
the authority of Ordinance No. 68107, passed July 11, 2007, are rejected.
Yeas: Directors Triozzi, Dumas,
Interim Directors Withers, Director
Wasik, Acting Director Bialostosky,
Directors Cox, Rush, Hutchinson,
Reilly, Fumich and Rybka.
Nays: None.
Absent: Mayor Jackson and Directors Smith, Flask and Guzman.
Resolution No. 544-07.
By Director Wasik.
Be it resolved by the Board of
Control of the City of Cleveland
that under the authority of Ordinance No. 493-07, passed by the
Council of the City of Cleveland on
April 30, 2007, Stantec Consulting
Services is selected upon the nomination of the Director of Public Service from a list of qualified engineering consultants or firms of consultants determined to be available
after a full and complete canvass by
the Director of Public Service as the
firm to be employed by contract to
supplement the regularly employed
staff of the several departments of
the City to obtain the engineering
services necessary for the Cleveland
Pavement Management Demonstration Project.
Be it further resolved that the
Director of Public Service is authorized to enter into a written contract
with Stantec based on its proposal
dated July 5, 2007, as amended by
its
revised
cost
proposal
dated
August 29, 2007, provided that the
compensation to be paid shall not
exceed $492,411.00 of City funds. The
agreement authorized shall be prepared by the Director of Law and
shall contain other provisions as the
Director of Law deems necessary to
protect and benefit the public interest.
Be it further resolved that the
employment of the following subconsultants by Stantec for the above
authorized contract is approved:
Quality Engineering Solutions
(DBE) — $71,035.00
Vanasse Hangen Brustlin
$31,160.00
Yeas: Directors Triozzi, Dumas,
Interim Directors Withers, Director
Wasik, Acting Director Bialostosky,
Directors Cox, Rush, Hutchinson,
Reilly, Fumich and Rybka.
Nays: None.
Absent: Mayor Jackson and Directors Smith, Flask and Guzman.
JEFFREY B. MARKS,
Secretary

CIVIL SERVICE NOTICES
____________
General Information
Application blanks and information, regarding minimum entrance
qualifications, scope of examination,
and suggested reference materials
may be obtained at the office of the
Civil Service Commission, Room 119,
City Hall, East 6th Street, and Lakeside Avenue.

1812

October 3, 2007
Application blanks must be properly filled out on the official form
prescribed by the Civil Service Commission and filed at the office of the
commission not later than the final
closing date slated in the examination announcement.
EXAMINATION RESULTS: Each
applicant whether passing or failing
will be notified of the results of the
examination as soon as the commission has graded the papers. Thereafter, eligible lists will be established which will consist of the
names of those candidates who have
been successful in all parts of the
examination.
PHYSICAL EXAMINATION: All
candidates for original entrance positions who are successful in other
parts of the examinations must submit to a physical examination.
REYNALDO GALINDO,
President

SCHEDULE OF THE BOARD
OF ZONING APPEALS
MONDAY, OCTOBER 15, 2007
9:30 A.M.
Calendar No. 07-193: 3162 East 93rd
Street (Ward 4)
Orealous Caldwell, owner, appeals to expand the use as a barber shop to include a tattoo shop,
in an existing one-story building
on a 50' x 165' parcel located in a
General Retail Business District on
the west side of East 93rd Street at
3162 East 93rd Street;
subject to
location regulations for specific
uses, a tattoo use shall not be
established within 1,000 feet of a
residential district or a day care
center, a school, public library, a
church, a playground, a public or
nonprofit recreation center or a
community center, and no such use
shall be established within 1,000
feet of another such use as stated
in Sections 347.12(b)(1) and (2) of
the Codified Ordinances.
Calendar No. 07-194: 6110 Denison
Avenue (Ward 17)
Carlos Ayala and Erica Gomez
appeal under the authority of Section 76-6 of the Cleveland City
Charter and Section 329.02(d) of
the Cleveland Codified Ordinances
from the disapproval issued by the
Department of Public Health regarding equipment proposed for
use in a food service operation to
be established at 6110 Denison Avenue.
Calendar No. 07-195: 17605 St. Clair
Avenue (Ward 11)
Michael Hribar, appeals for a modification of the decision rendered by
the Board of Zoning Appeals from a
hearing held on June 18, 2007
regarding a Violation Notice issued
by the Building and Housing Department for the property at 17605
St. Clair Avenue for failure to comply with the Zoning Regulations of
Section 347.06 of the Cleveland Codified Ordinances.

The City Record

October 3, 2007
Calendar No. 07-196: Appeal of North
Coast
Public
Communications,
17801 St. Clair Avenue (Ward 10)
North Coast Public Communications and Howard Meister appeal
under Section 76-6 of the Charter of
the City of Cleveland and Section
329.02(d) of the Cleveland Codified
Ordinances from an order issued by
the Commissioner of Assessments
and Licenses to remove a pay phone,
located on private property at 17801
Euclid Avenue that has been determined as a nuisance by the Department of Public Safety.
Calendar No. 07-197: Appeal of Clevephones, Inc., 16404 Euclid Avenue
– Permit #75 (Ward 10)
Clevephones, Inc. and Howard
Meister appeal under Section 76-6 of
the Charter of the City of Cleveland
and Section 329.02(d) of the Cleveland Codified Ordinances from an
order issued by the Commissioner of
Assessments and Licenses to remove
multiple payphones that have been
determined to be a nuisance by the
Department of Public Safety.
Calendar No. 07-197: Appeal of Clevephones, Inc., 16601 Euclid Avenue
– Permit #108 (Ward 10)
Clevephones, Inc. and Howard
Meister appeal under Section 76-6 of
the Charter of the City of Cleveland
and Section 329.02(d) of the Cleveland Codified Ordinances from an
order issued by the Commissioner of
Assessments and Licenses to remove
multiple payphones that have been
determined to be a nuisance by the
Department of Public Safety.
Calendar No. 07-197: Appeal of Clevephones, Inc., 17229 Euclid Avenue
– Permit #89 (Ward 10)
Clevephones, Inc. and Howard
Meister appeal under Section 76-6 of
the Charter of the City of Cleveland
and Section 329.02(d) of the Cleveland Codified Ordinances from an
order issued by the Commissioner of
Assessments and Licenses to remove
multiple payphones that have been
determined to be a nuisance by the
Department of Public Safety.
Calendar No. 07-197: Appeal of Clevephones, Inc., 18121 Euclid Avenue
– Permit #109 (Ward 10)
Clevephones, Inc. and Howard
Meister appeal under Section 76-6 of
the Charter of the City of Cleveland
and Section 329.02(d) of the Cleveland Codified Ordinances from an
order issued by the Commissioner of
Assessments and Licenses to remove
multiple payphones that have been
determined to be a nuisance by the
Department of Public Safety.
Calendar No. 07-197: Appeal of Clevephones, Inc., 3135 Lorain Avenue
– Permit #133 (Ward 14)
Clevephones, Inc. and Howard
Meister appeal under Section 76-6 of
the Charter of the City of Cleveland
and Section 329.02(d) of the Cleveland Codified Ordinances from an
order issued by the Commissioner of
Assessments and Licenses to remove
multiple payphones that have been
determined to be a nuisance by the
Department of Public Safety.
Calendar No. 07-197: Appeal of Clevephones, Inc., 2626 West 41st Street
– Permit #78 (Ward 14)
Clevephones, Inc. and Howard
Meister appeal under Section 76-6 of

17

the Charter of the City of Cleveland
and Section 329.02(d) of the Cleveland Codified Ordinances from an
order issued by the Commissioner of
Assessments and Licenses to remove
multiple payphones that have been
determined to be a nuisance by the
Department of Public Safety.
Secretary

REPORT OF THE BOARD
OF ZONING APPEALS
MONDAY, OCTOBER 1, 2007
At the meeting of the Board of
Zoning Appeals on Monday, October
1, 2007, the following appeals were
heard by the Board.
The following appeals were Approved:
Calendar No. 07-174: 10923 Magnolia
Drive
Magnolia Place / Otis House Condominium Association, owner, and
the Montessori Development Partnership,
prospective
purchaser,
appealed to change use from a three
dwelling unit Class A Multiple
Dwelling to a rooming house/dormitory Class B Multiple Dwelling an
existing brick dwelling on the front
of an irregular parcel in an AA1
One-Family District; subject to conditions.
Calendar No. 07-189: 4081 Rocky
River Drive
Lucy Champa appealed to add a
“drive through” window to an existing ice cream store in a General
Retail Business District; subject to
conditions.
The following appeals were Denied:
Calendar No. 07-182: 2222 Detroit
Avenue – Unit 912
Charles
Beau
Daane
appealed
from an action of the City Planning
Commission dated March 2, 2007.
Calendar No. 07-186: 2222 Detroit
Avenue – Unit 714
Jessica L. Doinidis appealed from
an action of the City Planning Commission dated March 2, 2007.
The following appeal was Withdrawn:
None.
The following
missed:

appeal

was

Calendar No. 07-181: 9809 Meech Avenue postponed to November 19,
2007.
Calendar No. 07-187: 4200 East 71st
Street postponed to November 1,
2007.
In Executive Session on October 1,
2007, the following appeals heard by
the Board on September 24, 2007
were adopted and approved:
The following appeals were Approved:
Calendar No. 07-171: 6700 Harvard
Avenue
George Glyptis appealed to erect
a 24 square foot free-standing sign
in front of a restaurant in a General Retail Business District.
Calendar No. 07-173: 961-63 East
128th Street
Russell Miller appealed to enclose
a second floor front porch of a two
family dwelling in a Two-Family
District.
Calendar No. 07-177: 11204 Lorain
Avenue
Aziz Syed appealed to change a
retail store to a barbershop in a Residence Office District.
Calendar No. 07-184: 495 Miller Court
Ted Sarko appealed to construct a
three-story dwelling and detached
garage in Two-Family District.
Calendar No. 07-185: 493 Miller Court
Ted Sarko appealed to construct a
three-story dwelling and detached
garage in a Two-Family District.
Calendar No. 07-120: 2033-2107 Clover
Avenue
JOS
Development
appealed
to
erect five new townhouses in two
separate buildings of two and three
units on two consolidated parcels in
a Two-Family District.
On October 1, 2007 the following
appeal heard by the Board on September 10, 2007 was adopted and
approved.
The following
proved:

appeal

was

Ap-

Calendar No. 07-160: 12530 Union
Avenue
Walter Brown appealed to expand
an existing day care to an adjacent
property in a Two-Family District.
Secretary

Dis-

Calendar No. 07-190: Violation Notice,
3303 East 55th Street
Sheila Rose appealed from a
Notice of Violation issued by the
Building and Housing Department.

REPORT OF THE BOARD
OF BUILDING STANDARDS
AND BUILDING APPEALS

The following appeals were Postponed:

NO MEETING

Calendar No. 07-178: 9709 Meech Avenue postponed to November 19,
2007.

PUBLIC NOTICE

Calendar No. 07-179: 9801 Meech Avenue postponed to November 19,
2007.
Calendar No. 07-180: 9805 Meech Avenue postponed to November 19,
2007.

1813

NONE

NOTICE OF PUBLIC HEARING
NONE

The City Record

18
CITY OF CLEVELAND BIDS

For All Departments
Sealed bids will be received at the
office of the Commissioner of Purchases and Supplies, Room 128, City
Hall, in accordance with the appended schedule, and will be opened and
read in Room 128, City Hall, immediately thereafter.
Each bid must be made in accordance with the specifications and
must be submitted on the blanks
supplied for the purpose, all of
which may be obtained at the office
of the said Commissioner of Purchases and Supplies, but no bid will
be considered unless delivered to
the office of the said commissioner
previous to 12:00 noon (Eastern
Standard Time) on the date specified in the schedule.
187.10 Negotiated contracts; Notice
required in Advertisement for Bids.
Where invitations for bids are
advertised,
the
following
notice
shall be included in the advertisement: “Pursuant to the MBE/FBE
Code, each prime bidder, each minority business enterprise (“MBE”) and
each
female
business
enterprise
(“FBE”) must be certified before
doing business with the City. Therefore, any prime contractor wishing
to receive credit for using an MBE
or FBE should ensure that applications for certification as to MBE or
FBE status compliance with the
Code, affirmative action in employment and, if applicable, joint venture status, are submitted to the Office of Equal Opportunity (“OEO”)
prior to the date of bid opening or
submission of proposals or as specified by the Director. Failure to comply with the business enterprise
code or with representations made
on these forms may result in cancellation of the contract or other
civil or criminal penalties.”
FRIDAY, OCTOBER 12, 2007
File No. 256-07 — Various Paper
Products and Print Services (ReBid), for Cleveland City Council,
as authorized by Ordinance No.
1077-07, passed by the Council of
the City of Cleveland, July 11,
2007.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, OCTOBER 4, 2007
AT 1:00 P.M., CLEVELAND CITY
COUNCIL, CONFERENCE ROOM,
601 LAKESIDE AVENUE, CLEVELAND, OHIO 44114.

October 3, 2007

WEDNESDAY, OCTOBER 17, 2007

FRIDAY, NOVEMBER 2, 2007

File No. 257-07 — Microfiche and
CD Rom Services (Re-Bid), for
the Various Divisions of City
Government, Department of Finance,
as authorized by Ordinance No.
884-07, passed by the Council of
the City of Cleveland, June 11,
2007.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING, TUESDAY, OCTOBER 9, 2007 AT 1:30
P.M., CITY HALL, DIVISION OF
PURCHASES & SUPPLIES, ROOM
128,
601
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.

File No. 262-07 — Labor and Materials to Test, Evaluate, Repair or
Replace Roofs and Appurtenances,
for
the
Division
of
Water,
Department of Public Utilities, as
authorized by Ordinance No. 162606, passed by the Council of the
City of Cleveland, November 20,
2006.
THERE WILL BE A MANDATORY
PRE-BID
MEETING
FRIDAY,
OCTOBER 12, 2007 AT 2:30 P.M.,
CARL B. STOKES PUBLIC UTILITIES BUILDING, 1201 LAKESIDE
AVENUE,
CLEVELAND,
OHIO
44114.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE WHO DOES NOT ATTEND A MANDATORY PRE-BID
CONFERENCE.

File No. 259-07 — Cab/Chassis with
Dry Goods Van Body, Body Conversion and Technical Equipment,
for the Division of Motor Vehicle
Maintenance, Department of Public Service, as authorized by Ordinance No. 1237-07, passage pending.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING MONDAY, OCTOBER 8, 2007 AT 10:00
A.M., DIVISION OF MOTOR VEHICLE MAINTENANCE, BUILDING
#1, 4150 EAST 49TH STREET,
CLEVELAND, OHIO 44105.
September 26, 2007 and October 3, 2007
THURSDAY, OCTOBER 18, 2007
File No. 260-07 — Department of
Finance Office Renovation, for the
Division of Architecture, Department of Public Service, as authorized by Ordinance No. 2143-03,
passed by the Council of the City
of Cleveland, February 9, 2004.
THERE WILL BE A REFUNDABLE
FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT OF
FIFTY DOLLARS ($50.00) IN
THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER (NO COMPANY CHECKS
AND
NO
CASH
WILL
BE
ACCEPTED).
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, OCTOBER 11, 2007
AT 11:00 A.M., CLEVELAND CITY
HALL, DIVISION OF ARCHITECTURE, ROOM #517, 601 LAKESIDE
AVENUE,
CLEVELAND,
OHIO 44114.

File No. 258-07 — Labor and Materials Necessary to Maintain Plate
Trucks, for the Division of Water
Pollution Control, Department of
Public Utilities, as authorized by
Ordinance No. 825-07, passed by
the Council of the City of Cleveland, August 8, 2007.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
FRIDAY, OCTOBER 5, 2007 AT
11:00 A.M., DIVISION OF WATER
POLLUTION
CONTROL,
12302
KIRBY AVENUE, CLEVELAND,
OHIO 44108.

File No. 261-07 — Office of Equal
Opportunity Office Renovation, for
the Division of Architecture, Department of Public Service, as
authorized by Ordinance No. 48507, passed by the Council of the
City of Cleveland, June 11, 2007.
THERE WILL BE A REFUNDABLE
FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT OF
FIFTY DOLLARS ($50.00) IN
THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER (NO COMPANY CHECKS
AND
NO
CASH
WILL
BE
ACCEPTED).
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, OCTOBER 11, 2007
AT 10:00 A.M., CLEVELAND CITY
HALL, DIVISION OF ARCHITECTURE, ROOM #517, 601 LAKESIDE
AVENUE,
CLEVELAND,
OHIO 44114.

September 26, 2007 and October 3, 2007

September 26, 2007 and October 3, 2007

1814

September 26, 2007 and October 3, 2007
FRIDAY, OCTOBER 19, 2007
File No. 263-07 — Traffic Paint and
Glass Beads, for the Division of
Traffic Engineering, Department
of Public Service, as authorized by
Ordinance No. 639-07, passed by
the Council of the City of Cleveland, June 11, 2007.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
FRIDAY, OCTOBER 12, 2007 AT
11:00 A.M., DIVISION OF TRAFFIC ENGINEERING, ROOM #518,
601 LAKESIDE AVENUE, CLEVELAND, OHIO 44114.
File No. 264-07 — West 127th Street
Sewer Replacement, for the Division of Water Pollution Control,
Department of Public Utilities, as
authorized by Ordinance No. 83107, passed by the Council of the
City of Cleveland, August 8, 2007.
THERE WILL BE A REFUNDABLE
FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT OF
FIFTY DOLLARS ($50.00) IN
THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER (NO COMPANY CHECKS
AND
NO
CASH
WILL
BE
ACCEPTED).
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, OCTOBER 11, 2007
AT 11:00 A.M., DIVISION OF
WATER POLLUTION CONTROL,
12302 KIRBY AVENUE, CLEVELAND, OHIO 44108.
October 3, 2007 and October 10, 2007
FRIDAY, OCTOBER 26, 2007
File No. 265-07 — Spring Parts and
Repair Contract (Re-Bid), for the
Division of Motor Vehicle Maintenance, Department of Public Service, as authorized by Ordinance
No. 686-07, passed by the Council
of the City of Cleveland, June 11,
2007.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING TUESDAY, OCTOBER 16, 2007 AT 10:00
A.M., DIVISION OF MOTOR VEHICLE MAINTENANCE, BUILDING
#1, 4150 EAST 49TH STREET,
CLEVELAND, OHIO 44105.
October 3, 2007 and October 10, 2007

October 3, 2007
FRIDAY, NOVEMBER 2, 2007
File No. 266-07 — Big Creek Watershed Stormwater Management Improvement Project Phase 1, for the
Division of Water Pollution Control, Department of Public Utilities, as authorized by Ordinance
No. 952-05, passed by the Council
of the City of Cleveland, June 6,
2005, and as authorized by Ordinance No. 1784-05, passed by the
Council of the City of Cleveland,
September 19, 2005.
THERE WILL BE A REFUNDABLE
FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT OF
FIFTY DOLLARS ($50.00) IN
THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER (NO COMPANY CHECKS
AND
NO
CASH
WILL
BE
ACCEPTED).
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
WEDNESDAY, OCTOBER 17, 2007
AT 10:00 A.M., DIVISION OF
WATER POLLUTION CONTROL,
12302 KIRBY AVENUE, CLEVELAND, OHIO 44108.
October 3, 2007 and October 10, 2007

ADOPTED RESOLUTIONS
AND ORDINANCES

Res. No. 1571-07.
By Mayor Jackson and Council
Members
Pierce
Scott,
Sweeney,
Brady, Brancatelli, Britt, Cimperman,
Cleveland,
Coats,
Conwell,
Cummins, Johnson, Keane, Kelley,
Lewis, Polensek, Reed, Santiago,
Turner, Westbrook, White and Zone
(by departmental request).
An emergency resolution supporting The Ohio Coalition for Responsible Lending in its effort to encourage Ohio legislators to adopt legislation to help protect consumers
from high cost payday loans.
Whereas, Ohio working families
pay millions of dollars in excessive
fees every year, as payday lenders
across the state routinely flip small
cash advances into long-term, highcost loans with an annual percentage rate (“APR”) up to 391 percent;
and
Whereas, the average payday borrower is getting 13 or more payday
loans per year, putting them in a
financial debt trap; and
Whereas, the average payday borrower pays $600 to borrow $325
through repeat borrowing; and
Whereas, payday lending traps
several hundred thousand Ohio families annually in a cycle of chronic
borrowing, as over half of payday
revenues are extracted from borrowers who take out 12 or more
loans per year; and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, property,
health and safety in that The
Coalition for Responsible Lending
seeks to make fair and just lending practices by small lenders a

The City Record
reality
for
all
Ohio
cities
by
encouraging state legislators to
adopt legislation to help protect
consumers from high cost payday
loans; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That this Council opposes the unfair lending practices within the payday loan industry in the
State of Ohio.
Section 2. That this Council urges
the Ohio General Assembly to adopt
legislation to protect all Ohio residents from these unfair lending
practices by establishing a rate cap
for payday and small loan lending
at an APR of 36% and other measures to break the cycle of chronic
borrowing that payday lending creates.
Section 3. That this Council supports The Ohio Coalition for Responsible Lending and its goals and
endorses its campaign for just legislation.
Section 4. That the Clerk of Council is authorized and directed to provide a copy of this resolution to the
Ohio Coalition for Responsible Lending and the Cuyahoga County delegation to the Ohio General Assembly.
Section 5. That this resolution 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 adoption and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted September 24, 2007.
Effective September 28, 2007.

Res. No. 1574-07.
By Council Member Cimperman.
An emergency resolution withdrawing objections to the renewal
of a D1, D2, D3, D3A and D6 Liquor
Permit at 1146 Old River Road, and
repealing Resolution Nos. 1406-06
and 1151-07, objecting to said renewals.
Whereas, this Council objected to
a D1, D2, D3, D3A and D6 Liquor
Permit to 1146 Old River Road, DBA
Beachcombers in the Flats, 1146 Old
River Road, Cleveland, Ohio 44114
by Resolution No. 1406-06 adopted by
the Council on August 9, 2006 and
Resolution No. 1151-07 adopted by
the Council on July 11, 2007; and
Whereas, this Council wishes to
withdraw its objections to the above
renewal and consents to said renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objections to a
D1, D2, D3, D3A and D6 Liquor Permit to 1146 Old River Road, DBA
Beachcombers in the Flats, 1146
Old River Road, Cleveland, Ohio
44114, Permanent Number 6549278
be and the same is hereby with-

1815

19
drawn and Resolution Nos. 1406-06
and 1151-07, containing such objections, be and the same is hereby
repealed and that this Council consents to the immediate renewal
thereof.
Section 2. That this resolution 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
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted September 24, 2007.
Effective September 28, 2007.

Res. No. 1575-07.
By Council Member Turner.
An emergency resolution withdrawing objection to the renewal of a C2
and C2X Liquor Permit at 14720 Harvard Avenue, and repealing Resolution No. 1108-07 objecting to said
renewal.
Whereas, this Council objected to
a C2 and C2X Liquor Permit at 14720
Harvard Avenue by Resolution No.
1108-07 adopted by the Council on
July 11, 2007; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal and consents to said renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a C2
and C2X Liquor Permit to 14720 Harvard, Inc., DBA Harvard Deli, 14720
Harvard Avenue, Cleveland, Ohio
44128, Permanent Number 6549673 be
and the same is hereby withdrawn
and Resolution No. 1108-07, containing such objection, be and the same
is hereby repealed and that this
Council consents to the immediate
renewal thereof.
Section 2. That this resolution 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
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted September 24, 2007.
Effective September 28, 2007.

Res. No. 1576-07.
By Council Member White.
An emergency resolution withdrawing objection to the renewal of a C2
and C2X Liquor Permit at 3643 East
116th Street and repealing Resolution No. 1103-07, objecting to said
renewal.
Whereas, this Council objected to
a C2 and C2X Liquor Permit to Rana
Quraan, Inc., DBA Nadia’s, 3643 East
116th Street, Cleveland, Ohio 44105,

20
Permanent Number 7184705 by Resolution No. 1103-07 adopted by the
Council on July 11, 2007; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal
and
consents
to
said
renewal; and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it resolved by the Council of
the City of Cleveland:
Section 1. That objection to a C2
and C2X Liquor Permit to Rana
Quraan, Inc., DBA Nadia’s, 3643 East
116th Street, Cleveland, Ohio 44105,
Permanent Number 7184705 be and
the same is hereby withdrawn and
Resolution No. 1103-07, containing
such objection, be and the same is
hereby repealed and that this Council consents to the immediate renewal thereof.
Section 2. That this resolution 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
immediately upon its adoption and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Adopted September 24, 2007.
Effective September 28, 2007.

Ord. No. 1234-07.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance determining the Video Service Provider
Fees to be paid by a video service
provider offering video service in
the City of Cleveland pursuant to
state authorization; and authorizing
the Director of Public Utilities to
give notice to authorized video service providers of the Video Service
Provider Fees.
Whereas, the Ohio General Assembly enacted Sections 1332.21 through
1332.34 of the Revised Code, effective September 24, 2007, to provide a
statewide “uniform regulatory framework” for the provision of cable television and/or other video service,
which will substantially reduce the
City of Cleveland’s existing authority to regulate cable and/or video
service offered in the City using
facilities located in the City’s public
rights-of-way; and
Whereas, the City of Cleveland
entered into a cable television franchise agreement with Time Warner and pursuant to which Time
Warner pays franchise fees in the
amount of five percent (5%) of
gross revenues which are defined
by the franchise to include advertising revenues; and
Whereas, under Section 1332.23 of
the Revised Code, any new video
service provider intending to provide video service to subscribers in
the City must apply for and obtain
a video service authorization from
the Director of the Ohio Department
of Commerce; and

The City Record
Whereas, Section 1332.23 of the
Revised Code also permits a cable
operator with an effective franchise agreement to terminate its
franchise with the City, at its
option, by applying for a stateissued video service authorization
when a competitive video service
provider either gives notice that it
will begin providing service to subscribers in the City or actually
begins providing service to subscribers in the City, or if the FCC
determines that the cable operator
is subject to “effective competition”
in the City pursuant to 47 CFR
76.907; and
Whereas, under Section 1332.32 of
the Revised Code, a video service
provider that is providing service to
subscribers in the City pursuant to
a state-issued video service authorization must pay the City Video
Service Provider Fees (“VSP Fees”)
based
on
a
percentage
of
the
provider’s “gross revenues” derived
from providing video service in the
City, not to exceed five percent
(5%) of such revenues; and
Whereas, Section 1332.32 of the
Revised Code requires that the percentage of gross revenues on which
VSP Fees is paid must be the same
as the percentage of gross revenues that a cable operator pays
pursuant to a franchise agreement
that is in effect, or, if there is no
effective
franchise
agreement
under which franchise fees are
payable for a given calendar quarter, the VSP Fees shall be zero percent (0%) of gross revenues, unless
the City determines by Ordinance
that the VSP Fees will be a percentage of gross revenues not to
exceed five percent (5%) of gross
revenues; and
Whereas, division (C)(2) of Section 1332.32 of the Revised Code further requires the City to provide all
video service providers offering service in the City with notice of the
VSP Fees within ten (10) days of
receiving notice from the video service provider that it will begin
offering service in the City, or the
video service provider is not required to pay VSP Fees to the City;
and
Whereas, division (B)(2)(g) of
Section 1332.32 of the Revised Code
provides that the VSP Fees are
paid on a base of gross revenues
consisting of revenues received
from subscribers only, unless the
City specifically determines, by
Ordinance uniformly applicable to
all video service providers, that
advertising
revenues
also
be
included in the base of gross revenues on which the VSP Fees are
paid; and
Whereas, division (B)(2)(g) of
Section 1332.32 of the Revised Code
requires the City to promptly notify
affected video service providers of
the
Ordinance
determining
to
include advertising revenues in the
base of gross revenues on which the
VSP Fees are paid, but provides that
the requirement to include advertising revenues in the base of gross
revenues does not take effect until
the first day of the first calendar
quarter that begins more than thir-

1816

October 3, 2007
ty (30) days after giving such
notice; and
Whereas, in order to minimize the
negative financial impact on the
City it is the intent of this Council
to charge the maximum VSP Fees
with the most expansive definition
of Gross Revenues allowed by law;
and
Whereas, in order to provide timely notice to a video service provider
of the VSP Fees, it is necessary for
this Council to determine now that
the percentage of gross revenues on
which the VSP Fees will be paid is
five percent (5%) and that advertising revenues shall be included in
the base of gross revenues on which
the VSP Fees are paid, and to authorize the Director of Public Utilities
to provide notice of the VSP Fees to
a video service provider within ten
(10) days of the City receiving
notice that a video service provider
will begin providing service in the
City; and
Whereas, this ordinance constitutes an emergency measure providing for the immediate preservation
of the public peace, property, health,
safety and welfare in order to
ensure that the City continues to
receive appropriate fees from persons providing video and/or cable
service in the City using the City’s
rights-of-way and 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, in accordance
with the requirements of Section
1332.32 of the Revised Code, all
video service providers providing
video service in the City pursuant to
a
video
service
authorization
obtained from the Director of the
Ohio Department of Commerce shall
pay Video Service Provider Fees
(“VSP Fees”) in the amount of five
percent (5%) of gross revenues
received from providing video service in the City, which gross revenue base shall include advertising
revenues. The VSP Fee shall be paid
quarterly, not sooner than forty-five
(45) days nor later than sixty (60)
days after the end of each calendar
quarter.
Section 2. That, no later than ten
(10) days from receipt of notice
from a video service provider that
it will begin providing video service in the City pursuant to a stateissued video service authorization,
the Director of Public Utilities is
authorized and directed to provide
such video service provider with
notice of the VSP Fees as determined by this Council under Section 1 of this ordinance, which
notice shall be given by regular
and certified mail.
Section 3. That it is found and
determined that all formal actions
of the Council concerning and
relating to the adoption of this
Ordinance were adopted in an open
meeting of this Council, and that
all deliberations of the Council and
any of its committees that resulted in such formal action were in
meetings open to the public in compliance with all legal requirements.

October 3, 2007
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1236-07.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Utilities
to enter into one or more requirement contracts without competitive
bidding with Motorola for equipment
and supplies to operate the radio
system and its subscriber units, including equipment, installation and
maintenance, for the Department of
Public Utilities, for a period not to
exceed two years.
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
this
Council
determines that the within commodities are non-competitive and
cannot be secured from any source
other than Motorola. Therefore, the
Director
of
Public
Utilities
is
authorized to make one or more
written requirement contracts with
Motorola under the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, for the requirements for
a period not to exceed two years
of the necessary items of equipment and supplies to operate the
radio system and its subscriber
units, including equipment, installation and maintenance, to be purchased by the Commissioner of
Purchases and Supplies on a unit
basis, for the Department of Public Utilities.
Section 2. That the costs of the
contract
or
contracts
shall
be
charged against the proper appropriation accounts and the Director
of Finance shall certify the amount
of the initial purchase, which purchase, together with all later purchases, shall be made on order of
the Commissioner of Purchases and
Supplies
under
a
requisition
against the contract or contracts
certified
by
the
Director
of
Finance. (RL 169204)
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

The City Record
Ord. No. 1237-07.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
contracts of one customized production truck for TV-23, for the Department of Public Utilities.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public Utilities is authorized to
make one or more written contracts
under the Charter and the Codified
Ordinances of Cleveland, Ohio, 1976,
for each or all of the following
items: one (1) customized production
truck for TV-23, including but not
limited to, a digitally wired customized box that would house the
engineering,
switching,
graphics,
and audio stations for taping productions off-site, to be purchased by
the Commissioner of Purchases and
Supplies for a gross price, for the
Department of Public Utilities.
Section 2. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements using state procedures. The
Director of Public Utilities may sign
all documents with the State of Ohio
or any of its political subdivisions
that are necessary to make the purchases, and may enter into contract
or contracts with the vendors selected through that cooperative process.
Section 3. That the cost of the contract or contracts authorized shall
be paid from Fund No. 50 SF 001,
Request No. 156368.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1238-07.
By Council Members Kelley and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
enter into one or more contracts
without competitive bidding with
Surface Systems, Inc. to upgrade the
existing surface sensor system, for
the Division of Cleveland Hopkins
International Airport, Department of
Port Control.
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
this
Council
determines that the within commodities are non-competitive and

1817

21
cannot be secured from any source
other than Surface Systems, Inc.
Therefore the Director of Port Control is authorized to make one or
more written contracts with Surface Systems, Inc. on the basis of
its proposal dated April 3, 2006, in
an amount not to exceed $50,000, to
upgrade the existing surface sensor system, to be purchased by the
Commissioner of Purchases and
Supplies, for the Division of Cleveland Hopkins International Airport,
Department of Port Control. The
contract or contracts authorized
shall be paid from Fund No. 60 SF
001, Request No. 158698.
Section 2. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1239-07.
By Council Members Kelley and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
employ one or more professional
consultants to provide professional
services necessary to provide drawings of the existing and proposed
Airfield
signage,
lighting,
and
marking plans, as required for certification
of
Cleveland
Hopkins
International Airport by the Federal Aviation Administration, and to
update drawings as required, for a
period of two years with two oneyear options to renew.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Port
Control
is
authorized
to
employ by contract or contracts one
or more consultants or one or more
firms of consultants for the purpose of supplementing the regularly employed staff of the several
departments of the City of Cleveland in order to provide professional services necessary to provide drawings of the existing and
proposed Airfield signage, lighting,
and marking plans, as required for
certification of Cleveland Hopkins
International Airport by the Federal Aviation Administration, and to
update drawings as required, for a
period of two years with two oneyear options to renew. The first of
the one-year options to renew shall
not be exercised without additional legislative authority. If such
additional legislation authority is
granted and the first of the oneyear options to renew is exercised,
then the second of the one-year
options to renew shall be exercisable at the option of the Director

22
of Port Control, without the necessity of obtaining additional authority of this Council.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Port Control from a list of qualified consultants available for employment as
may be determined after a full and
complete canvass by the Director of
Port Control for the purpose of compiling a list. The compensation to be
paid for the services shall be fixed
by the Board of Control. The contract or contracts authorized shall
be prepared by the Director of Law,
approved by the Director of Port
Control, and certified by the Director of Finance.
Section 2. That the cost of the contract or contracts authorized shall
not exceed $75,000 and shall be paid
from Fund No. 60 SF 001, Request
No. 168405.
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1240-07.
By Council Members Kelley and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
enter into a license agreement with
the Sensis Corporation granting access to portions of Cleveland Hopkins
International
Airport
and
Burke Lakefront Airport for the purpose of installing, operating, maintaining, repairing, and replacing
equipment to conduct research relating to the Next Generation Air Traffic System, for a period of eighteen
months, with one option to renew
for an additional one-year term.
Whereas, under the authority of
Section 183.16 of the Codified Ordinances of Cleveland, Ohio, 1976, the
Director of Port Control entered into
a Use Agreement with Sensis Corporation granting access to portions
of Cleveland Hopkins International
Airport and Burke Lakefront Airport to conduct research relating to
the Next Generation Air Traffic System (“NGATS”); and
Whereas,
Section
183.16
limits
agreements entered into under that
section to a period of one year or
until
the
project
is
completed,
whichever occurs first; and
Whereas, the research that Sensis
Corporation is conducting has not
been completed and additional time
is necessary; 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:

The City Record
Section 1. That, notwithstanding
Section 183.16 of the Codified Ordinances of Cleveland, Ohio, 1976, the
Director of Port Control is authorized to enter into a license agreement with Sensis Corporation granting access to portions of Cleveland
Hopkins International Airport and
Burke Lakefront Airport for the purpose of installing, operating, maintaining, repairing, and replacing
equipment to conduct research relating to NGATS.
Section 2. That the term of the
license agreement shall be for a
period of eighteen months, with one
option to renew for an additional
one-year term, exercisable by the
Director of Port Control.
Section 3. That the license agreement shall be at no cost to either
party and may include reasonable
right of entry rights to the City.
Section 4. That the license agreement shall be prepared by the Director of Law.
Section 5. That the Director of
Port Control and the Director of law,
and other appropriate City officials,
are authorized to execute other documents and certificates, and take
other actions as may be necessary
or appropriate to effect the license
agreement authorized by this ordinance.
Section 6. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1241-07.
By Council Members Kelley and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
enter into one or more amendments
to Contract No. 66178 with Era Systems Corporation to conduct additional noise monitoring system software upgrades and maintenance.
Whereas, under Ordinance No.
1069-06, passed August 9, 2006, this
Council entered into Contract No.
66178 with BAE Systems Information and Electronic Systems Integration, Inc. (“BAE Systems”) for
noise monitoring system software
upgrades and maintenance; and
Whereas, by letter dated May 15,
2007, BAE Systems requested the
City’s consent to assign all of BAE
Systems’ interests and certain obligations under Contract No. 66178 to
Era Systems Corporation; and
Whereas, the Board of Control
consented to the assignment of Contract No. 66178 to Era Systems Corporation under Board of Control
Resolution No. 335-00, approved June
25, 2007; and
Whereas, additional upgrades and
maintenance are necessary; and
Whereas, this ordinance constitutes an emergency measure provid-

1818

October 3, 2007
ing 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 notwithstanding
any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to
the contrary, the Director of Port
Control is authorized to enter into
one or more amendments to Contract
No. 66178 with Era Systems Corporation to conduct additional noise
monitoring
system
software
upgrades and maintenance.
Section 2. That the cost of the contract amendments shall not exceed
$132,964.00 and shall be paid from
Fund Nos. 60 SF 001, 60 SF 104, 60
SF 105, 60 SF 106, 60 SF 140, 60 SF
141, 60 SF 119, from the fund or subfunds to which are credited the proceeds of any grants, and passenger
facility charges, if issued for this
purpose, Request No. 168425.
Section
3.
That
the
contract
amendments authorized shall be prepared by the Director of Law.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1243-07.
By Council Members Brady and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of LED bulbs,
for the Division of Traffic Engineering, Department of Public Service.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public Service is authorized to make
one or more written requirement
contracts under the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, for the requirements for
the period of one year or two years
of the necessary items of LED bulbs
used in traffic and pedestrian signals, in the approximate amount as
purchased
during
the
preceding
term, to be purchased by the Commissioner of Purchases and Supplies
on a unit basis for the Division of
Traffic Engineering, Department of
Public Service. Bids shall be taken
in a manner that permits an award
to be made for all items as a single
contract, or by separate contract for
each or any combination of the
items as the Board of Control
determines. Alternate bids for a
period less than the specified term
may be taken if desired by the Com-

October 3, 2007
missioner of Purchases and Supplies
until provision is made for the
requirements for the entire term.
The Director of Public Service is
authorized to enter into one or more
contracts with a term of two years
instead of one year when there is a
financial advantage to the City. For
purposes of this ordinance, a financial advantage shall be determined
by the Director of Public Service by
comparing the bids received for both
terms.
Section 2. That the costs of the
contract or contracts shall be paid
from Fund Nos. 20 SF 364, 20 SF 373,
20 SF 380, 20 SF 383, 20 SF 394, 20
SF 500, 20 SF 506, and 20 SF 510 and
shall be charged against the proper
appropriation
accounts
and
the
Director of Finance shall certify the
amount of the initial purchase,
which purchase, together with all
later purchases, shall be made on
order of the Commissioner of Purchases and Supplies under a requisition against the contract or contracts certified by the Director of
Finance. (RL 171952)
Section 3. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements using state procedures. The
Director of Public Service may sign
all documents with the State of Ohio
or any of its political subdivisions
that are necessary to make the purchases, and may enter into one or
more contracts with the vendors
selected through that cooperative
process.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1244-07.
By Council Members Cleveland,
Brady and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Service to
enter into a property adoption agreement with Midtown Cleveland, Inc.,
to provide lighting, maintenance,
landscaping, and other fixtures to
property located at the southeast
corner of Euclid Avenue and East
55th Street.
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, notwithstanding
and as an exception to the provisions of Chapters 181 and 183 and
Section 133.24 of the Codified Ordinances of Cleveland, Ohio, 1976, the
Director of Public Service is autho-

The City Record
rized to enter into a property adoption agreement with Midtown Cleveland, Inc., to provide lighting, maintenance, landscaping, and other fixtures to property within the northern triangular section of Permanent
Parcel No. 118-11-001, which is located at the southeast corner of Euclid
Avenue and East 55th Street.
Section 2. That this property adoption shall not be construed as a conveyance of any right, title, or interest in public property, but is the
grant of a privilege revocable at the
will of Council.
Section 3. That the Director of
Public Service is authorized to accept the gift of any improvements
to the adopted property landscaped
and maintained by Midtown Cleveland, Inc., except for the sculpture
entitled “The Politician: A Toy”,
which will be relocated to the adopted property and maintained under
the terms and conditions of the property adoption agreement authorized
in this ordinance.
Section 4. That the property adoption agreement authorized shall be
prepared by the Director of Law.
Section 5. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1255-07.
By Council Members Reed, Johnson and Sweeney (by departmental
request).
An emergency ordinance authorizing the Director of Parks, Recreation and Properties to employ a
management firms to provide managerial services for the daily operations of the roller skating rink
located
within
Zelma
Watson
George Recreation Center and the
concession services of the center, for
a period of five years with an option
to renew for five one-year terms.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Parks, Recreation and Properties is
authorized to employ by contract or
contracts a management firm for
the purpose of supplementing the
regularly employed staff of the several departments of the City of
Cleveland in order to provide professional services necessary to provide managerial services for the
daily operations of the roller skating rink located within Zelma Watson George Recreation Center and
the concession services of the center, for a period of five years with
an option to renew for five one-year

1819

23
terms, exercisable by the Director
of Parks, Recreation and Properties.
The selection of the management
firm for the services shall be made
by the Board of Control on the nomination of the Director of Parks,
Recreation and Properties from a
list of qualified management firms
available for employment as may be
determined after a full and complete
canvass by the Director of Parks,
Recreation and Properties for the
purpose of compiling a list. The
compensation to be paid for the services shall be fixed by the Board of
Control. The contract authorized
shall be prepared by the Director of
Law, approved by the Director of
Parks, Recreation and Properties,
and certified by the Director of
Finance.
Section 2. That the cost of the
contract authorized shall be paid
from Fund No. 01-700401-638000. All
profits received shall be deposited
into Fund No. 10 SF 124 and shall
be used to pay the cost of future
capital improvements and operating expenses at the Zelma Watson
George Recreation Center, which
are not the obligation of the manager under the Agreement. Request
No. 164532.
Section 3. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1397-07.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of various
materials, equipment, supplies, and
services necessary to improve and
update computers, e-mail service,
and for server consolidation and
remote e-mail access; and authorizing the Director of Finance to employ one or more professional consultants to implement those projects,
for the Division of Information
Technology and Services, Department of Finance, for a period up to
two years.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Finance is authorized to make one
or more written requirement contracts under the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, for the requirements for
a period up to two years, of the necessary items of various materials,
equipment, supplies, and services

24
necessary to improve and update
computers, e-mail service, and for
server consolidation and remote email access, including but not limited to routers, switches, uninterrupted power supply batteries, and
various equipment and ancillary
equipment to replace unreliable, unstable, and obsolete equipment, archive e-mail boxes, implement a
server consolidation project, and
implement the Secure Remote Email Access System Project, in the
estimated sum of $57,000, to be purchased by the Commissioner of Purchases and Supplies on a unit basis
for the Division of Information
Technology and Services, Department of Finance. Bids shall be
taken in a manner that permits an
award to be made for all items as
a single contract, or by separate
contract for each or any combination of the items as the Board of
Control determines. Alternate bids
for a period less than the specified
term may be taken if desired by the
Commissioner of Purchases and
Supplies until provision is made for
the requirements for the entire
term.
Section 2. That the costs of the
contract or contracts shall be paid
from Fund No. 20 SF 509 and shall
be charged against the proper appropriation accounts and the Director of Finance shall certify the
amount of the initial purchase,
which purchase, together with all
later purchases, shall be made on
order of the Commissioner of Purchases and Supplies under a requisition against the contract or contracts certified by the Director of
Finance.
Section 3. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements using state procedures. The
Director of Finance may sign all
documents with the State of Ohio or
any of its political subdivisions that
are necessary to make the purchases, and may enter into one or
more contracts with the vendors
selected through that cooperative
process.
Section 4. That the Director of
Finance is authorized to employ by
contract or contracts one or more
consultants or one or more firms of
consultants for the purpose of supplementing the regularly employed
staff of the several departments of
the City of Cleveland in order to
provide professional services necessary to implement a server consolidation project and the Secure
Remote E-mail Access System Project, including but not limited to
assessing, managing, installing, designing, configuring, training, testing, integrating, linking, migrating, optimizing, and other related
services.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Finance
from a list of qualified consultants
available for employment as may
be determined after a full and complete canvass by the Director of

The City Record
Finance for the purpose of compiling a list. The compensation to be
paid for the services shall be fixed
by the Board of Control. The contract or contracts authorized shall
be prepared by the Director of Law,
approved
by
the
Director
of
Finance, and certified by the Director of Finance.
Section 5. That the cost of the professional services contract or contracts authorized shall be paid from
Fund Nos. 01-151100-694050, 11 SF
006, and 20 SF 509, Request No.
142249.
Section 6. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1398-07.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the Director of Finance to enter
into one or more contracts with
Mary Taylor, Ohio State Auditor, for
professional services necessary to
perform an assessment and to express the opinion of the City regarding the 2007 financial statements,
and to complete two statements of
Auditing Standards for the Divisions
of Water and Taxation; and authorizing the Director of Finance to
employ one or more professional
consultants
to
prepare
financial
statements and to provide accounting and auditing training.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Finance is authorized to enter into
one or more contracts with Mary
Taylor, Ohio State Auditor, for professional services necessary to complete an independent assessment
and to express the opinion of the
City whether the 2007 financial
statements fairly present the financial position of the City and other
things; and to authorize the auditor
to
complete
two
statements
on
Auditing Standards for the Divisions
of Water and Taxation.
Section 2. That the Director of
Finance is authorized to employ by
contract or contracts one or more
consultants or one or more firms of
consultants for the purpose of supplementing the regularly employed
staff of the several departments of
the City of Cleveland in order to
provide professional services necessary to prepare financial statements
and to provide accounting and auditing training.

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October 3, 2007
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Finance
from a list of qualified consultants
available for employment as may
be determined after a full and complete canvass by the Director of
Finance for the purpose of compiling a list. The compensation to be
paid for the services shall be fixed
by the Board of Control. The contract or contracts authorized shall
be prepared by the Director of Law,
and approved and certified by the
Director of Finance.
Section 3. That the cost of the contract or contracts authorized shall
be in the total approximate sum of
$350,000, and shall be paid from
funds appropriated for this purpose
in budget year 2008, Request No.
154427.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1417-07.
By Council Members Cimperman,
Johnson and Sweeney (by departmental request).
An emergency ordinance authorizing the Commissioner of Purchases
and Supplies to sell City-owned property no longer needed for public use
located at 1465-67 East 55th Street to
Ozanne Construction Company, Inc.,
or its designee.
Whereas, the Director of Parks,
Recreation and Properties has requested the sale of the City-owned
property to Ozanne Construction
Company, Inc., or its designee (the
“Redeveloper”) no longer needed for
public use and located at 1465-67
East 55th Street; 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 notwithstanding
and as an exception to the provisions of Chapter 181 and 183 of the
Codified Ordinances of Cleveland,
Ohio, 1976, it is found and determined that the following described
property is no longer needed for
public use:
PPN: 104-14-010, 011 and 012
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio and known as being all of
Sublot Numbers 62, 63, 64, 65, 66, 67,
68 and 69 in M. B. Sterling’s Allotment of part of Original One Hundred Acre Lot Number 343 as shown
by the recorded plat in Volume 5 of
Maps, Page 45 of Cuyahoga County

October 3, 2007
Records and together bounded and
described as follows:
Beginning at the intersection of
the Northerly line of Superior Avenue, N.E. (80 feet wide), and the
Easterly line of East 55th Street
(100 feet wide); thence Northerly,
along said Easterly line of East 55th
Street, 270.16 feet to the Southwesterly corner of Sublot No. 62 in said
M. B. Sterling’s Allotment which
point is the principal place of beginning;
Thence
continuing
along
said
Easterly line of East 55th Street,
335.00 feet to the Northwesterly corner of said Sublot No. 69 in M. B.
Sterling’s Allotment; thence Easterly, along a Northerly line of said
Sublot No. 69, 153.00 feet to a point,
said point being at the Northwesterly corner of a “T” turn — around
for an alley (10 feet wide); thence
Southerly, along the Westerly line
of said Alley, 12.00 feet to an angle
point therein; thence Easterly, along
a line at right angles to said last
described line, 7.00 feet to an angle
point
therein;
thence
Southerly,
along the Westerly line of said
alley, 323.00 feet to the Southeasterly corner of said Sublot No. 62;
thence Westerly, along said Southerly line of Sublot No. 62, 160.00 feet
to the place of beginning, and containing 53,516 square feet (1.2286
Acres) of land, according to a survey dated November, 1984, by the
City of Cleveland, Department of
Public Service, Division of Engineering and Construction, Plats and
Surveys, be the same more or less,
but subject to all legal highways.
Section 2. That by and at the
direction of the Board of Control,
the Commissioner of Purchases and
Supplies is authorized to sell the
above-described property to the Redeveloper at a price not less than
fair market value as determined by
the Board of Control, taking into
account all restrictions, reversionary
interests and similar encumbrances
placed by the City of Cleveland in
the deed of conveyance.
Section 3. That the conveyance
shall be made by official deed prepared by the Director of Law and
executed by the Mayor on behalf of
the City of Cleveland. The deed
shall contain necessary provisions,
including restrictive reversionary
interests as may be specified by
the Board of Control or Director of
Law, which shall protect the parties as their respective interests
require and shall specifically contain a provision against the erection of any advertising signs or
billboards except permitted identification signs.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

The City Record
Ord. No. 1572-07.
By Council Member Cimperman.
An emergency ordinance consenting and approving the issuance of
a permit for the 2007 Tremont Walk
for Chornobyl on September 29,
2007, to benefit the Children of
Chornobyl Relief and Development
Fund.
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, pursuant to Section 411.06 of the Codified Ordinances of the City of Cleveland,
1976, this Council consents to and
approves the holding of the 2007
Tremont Walk for Chornobyl on
September 29, 2007, with the walk
beginning at Lincoln Park and progressing west down Kenilworth
Avenue
to
Scranton,
south
on
Scranton to Clark Avenue, then
east on Clark Avenue to West 14th,
north on West 14th to Starkweather, then east on Starkweather bearing northeast on Jefferson, southeast at Professor Street, east at
Starkweather, then northwest at
West 7th Street to College, southwest on College then northwest on
Professor, then southwest on Literary, north on West 11th Street,
west at Fairfield, south on West
14th across Kenilworth to the finish at Lincoln Park. The applicant
sponsor shall meet all the requirements of Section 411.05 of the Codified Ordinances of the City of
Cleveland, 1976. Streets may be
closed as determined by the Chief
of Police and safety forces as may
be necessary in order to protect the
participants in the event. Said permit shall further provide that the
City of Cleveland shall be fully
indemnified from any and all liability resulting from the issuance
of the same, to the extent and in a
form satisfactory to the Director of
Law.
Section 2. 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
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

Ord. No. 1573-07.
By Council Member Zone.
An emergency ordinance authorizing the Clerk of Council to dispense beer and wine at an event in
Cleveland City Council on October
1, 2007.
Whereas, this ordinance constitutes an emergency measure provid-

1821

25
ing 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, notwithstanding
and as an exception to the Codified
Ordinances of the City of Cleveland,
1976, the Clerk of Council is hereby
authorized to dispense beer and
wine at an event in Cleveland City
Council on October 1, 2007.
Section 2. 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
immediately upon its passage and
approval by the Mayor; otherwise, it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed September 24, 2007.
Effective September 28, 2007.

COUNCIL COMMITTEE
MEETINGS
Monday, October 1, 2007
11:00 a.m.
Public Service Committee: Present:
Brady, Chair; Turner, Vice Chair;
Polensek, Cummins, Santiago. Authorized Absence: Cleveland, White, Johnson, Reed. Protempore: Keane.
1:00 p.m.
Aviation and Transportation Committee, Public Safety Committee and
Finance Committee: Present in Aviation:
Kelley,
Chair;
Westbrook,
Vice Chair; Keane, Cleveland, Britt,
Turner, Brancatelli.
Present in Safety: Conwell, Chair;
Brady, Vice Chair; Britt, Polensek,
Coats, Kelley, Cummins, Turner,
Santiago.
Present
in
Finance:
Sweeney,
Chair; Cimperman, Vice Chair; Brancatelli, Brady, Conwell, Britt, Pierce
Scott,
Zone,
Westbrook,
Coats,
White. Protempore: Cleveland.
2:00 p.m.
Community and Economic Development
Committee
and
Finance
Committee: Present in CDED: Pierce
Scott, Chair; Brancatelli, Vice Chair;
Cimperman, Cummins, Coats, Westbrook, Brady. Authorized Absence:
Zone, Lewis.
Present
in
Finance:
Sweeney,
Chair; Cimperman, Vice Chair; Brancatelli, Brady, Conwell, Britt, Pierce
Scott,
Zone,
Westbrook,
Coats,
White. Protempore: Cleveland.
2:00 p.m.
Finance Committee: Present: Sweeney, Chair; Cimperman, Vice Chair;
Brancatelli, Brady, Conwell, Britt,
Pierce
Scott,
Zone,
Westbrook,
Coats, White. Protempore: Cleveland.

The City Record

26

October 3, 2007

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

Agreements
Summer Enrichment Program — Lexington-Bell Community Center — Ward 7 NEF
(O 1621-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809
Young Women’ s Youth Sports and Recreation Program — Harvard Community Service Center —
Ward 1 NEF (O 1618-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1808

Bids — City of Cleveland
Cleveland Letter Service, Inc. — lowest and best bid — addressing services and mailing
services — City Council (O 1620-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809

Board of Control — Cleveland Public Power Division
HVAC system maintenance and repair — per Ord. 681-07 — all bids rejected — Dept. of
Public Utilities (BOC Res. 543-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812

Board of Control — Finance Department
Lumber — per Ord. 179-07 to Dougherty Lumber Company (BOC Res. 542-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812

Board of Control — Professional Service Contracts
Pavement Management Demonstration Project — contract per Ord. 493-07 to Stantec
Consulting Services — Dept. of Public Service (BOC Res. 544-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812

Board of Control — Public Service Department
Pavement Management Demonstration Project — contract per Ord. 493-07 to Stantec
Consulting Services (BOC Res. 544-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812

Board of Control — Public Utilities Department
HVAC system maintenance and repair — per Ord. 681-07 — all bids rejected (BOC Res. 543-07) . . . . . . . . . . . . . . . 1812

Board of Control — Requirement Contracts
Lumber — per Ord. 179-07 to Dougherty Lumber Company — Dept. of Finance (BOC Res. 542-07). . . . . . . . . . . . . . 1812

Board of Control — Water Division
HVAC system maintenance and repair — per Ord. 681-07 — all bids rejected — Dept. of
Public Utilities (BOC Res. 543-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812

Board of Control — Water Pollution Control Division
HVAC system maintenance and repair — per Ord. 681-07 — all bids rejected — Dept. of
Public Utilities (BOC Res. 543-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812

Board of Zoning Appeals — Report
Clover Avenue, 2033-2107, (Ward 14) — JOS Development, Inc., owner — appeal granted and
adopted on 10/1/07 (Cal. 07-120) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Detroit Avenue, 2222, Unit 714, (Ward 13) — Jessica L. Doinidis, owner — appeal heard on
10/1/2007 (Cal. 07-186) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Detroit Avenue, 2222, Unit 912, (Ward 13) — Charles Beau Daane, owner — appeal heard on
10/1/2007 (Cal. 07-182) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
East 128th Street, 961-63, (Ward 9) — Russell Miller, owner — appeal granted and adopted
on 10/1/07 (Cal. 07-173) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
East 55th Street, 3303, (Ward 12) — Sheila Rose, owner — appeal heard on 10/1/2007
(Cal. 07-190) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813

1822

October 3, 2007

The City Record

27

East 71st Street, 4200, (Ward 12) — Newburgh & South Shore Railway LLC, owner — appeal
postponed to 11/1/07 on 10/8/07 (Cal. 07-187) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Harvard Avenue, 6700, (Ward 12) — George Glyptis, owner — appeal granted and adopted on
10/1/07 (Cal. 07-171) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Lorain Avenue, 11204, (Ward 19) — Aziz Syed, owner — appeal granted and adopted on
10/1/07 (Cal. 07-177) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Magnolia Drive, 10923, (Ward 8) — Magnolia Place/Otis House Condominium Association,
owner and The Montessori Development Partnership, prospective purchaser
- appeal heard on 10/1/2007 (Cal. 07-174) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Meech Avenue, 9709, (Ward 2) — James Gills, owner — appeal postponed to 11/19/07 on
10/1/2007 (Cal. 07-178) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Meech Avenue, 9801, (Ward 2) — James Gills, owner — appeal postponed to 11/19/07 on
10/1/2007 (Cal. 07-179) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Meech Avenue, 9805, (Ward 2) — James Gills, owner — appeal postponed to 11/19/07 on
10/1/2007 (Cal. 07-180) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Meech Avenue, 9809, (Ward 2) — James Gills, owner — appeal postponed to 11/19/07 on
10/1/2007 (Cal. 07-181) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Miller Court, 493, (Ward 13) — Ted Sarko, owner — appeal granted and adopted on 10/1/07
(Cal. 07-185) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Miller Court, 495, (Ward 13) — Ted Sarko, owner — appeal granted and adopted on 10/1/07
(Cal. 07-184) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Rocky River Drive, 4081, (Ward 21) — Lucy Champa, owner — appeal heard on 10/1/2007
(Cal. 07-189) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Union Avenue, 12530, (Ward 3) — Walter Brown, owner — appeal granted and adopted on
10/1/07 (Cal. 07-160) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813

Board of Zoning Appeals — Schedule
Dension Avenue, 6110, (Ward 17) — Carlos Ayala and Erica Gomez, owners — appeal to
be heard on 10/15/2007 (Cal. 07-194) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812
East 93rd Street, 3162, (Ward 4) — Orealous Caldwell, owner — appeal to be heard on
10/15/2007 (Cal. 07-193) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812
Euclid Avenue, 16401, (Permit #108), (Ward 10) — Clevephones, Inc., and Howard Meister,
owner — appeal to be heard on 10/15/2007 (Cal. 07-197) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Euclid Avenue, 17229, (Permit #89), (Ward 10) — Clevephones, Inc., and Howard Meister,
owner — appeal to be heard on 10/15/2007 (Cal. 07-197) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Euclid Avenue, 18121, (Permit #109), (Ward 10) — Clevephones, Inc., and Howard Meister,
owner — appeal to be heard on 10/15/2007 (Cal. 07-197) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
Lorain Avenue, 3135, (Permit #133), (Ward 14) — Clevephones, Inc., and Howard Meister,
owner — appeal to be heard on 10/15/2007 (Cal. 07-197) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
St. Clair Avenue, 17605, (Ward 11) — Michael Hribar, owner — appeal to be heard on
10/15/2007 (Cal. 07-195) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1812
St. Clair Avenue, 17801, (Ward 10) — North Coast Public Communications and Howard
Meister, owner — appeal to be heard on 10/15/2007 (Cal. 07-196) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813
West 41st Street, 2626, (Permit #78), (Ward 14) — Clevephones, Inc., and Howard Meister,
owner — appeal to be heard on 10/15/2007 (Cal. 07-197) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1813

Bridges
W. 49th Street/ Herman Avenue Bridge No. 194 over the West Shoreway —
Cuyahoga County Engineer — structural steel repairs (F 1628-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Columbus Road Lift Bridge over the Cuyahoga River — Cuyahoga County Engineer —
rehabilitation (F 1629-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Pearl Road Bridge No. 118 over Big Creek, Norfolk southern Railroad and CSX Railroad —
Cuyahoga County Engineer — rehabilitation (F 1630-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799

Buckeye Area Development Corporation
Moreland Theatre Complex — 11810 Buckeye Rd. — redevelop the property —
financial assistance — Buckeye (Cleveland) Area Development Corporation —
Economic Development (O 1418-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

Burke Lakefront Airport
Law enforcement and related security services — purchase — Cleveland Hopkins International
Airport and Burke Lakefront Airport (O 1424-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
Next Generation Air Traffic System — Sensis Corporation — license agreement — equipment
to conduct research — Cleveland Hopkins International Airport and Burke Lakefront
Airport (O 1240-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1818

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City Clerk
Beer and wine dispense authorization — October 1, 2007 (O 1573-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1821

City Council
Beer and wine dispense authorization — October 1, 2007 (O 1573-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1821
Cleveland Letter Service, Inc. — lowest and best bid — addressing services and mailing
services — City Council (O 1620-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809

City of Cleveland Bids
Big Creek Watershed Stormwater Management Improvement Project (Phase I) —
Department of Public Utilities — Division of Water Pollution Control —
per Ord. 952-05, 1784-05 — bid due November 2, 2007
(advertised 10/3/2007 and 10/10/2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815
Cab / chassis with dry goods van body, body conversion and technical equipment —
Department of Public Service — Division of Motor Vehicle Maintenance — per Ord.
1237-07 — bid due October 17, 2007 (advertised 9/26/2007 and 10/3/2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
Equal Opportunity Office office renovation — Department of Public Service —
Division of Architecture — per Ord. 485-07 — bid due October 18, 2007
(advertised 9/26/2007 and 10/3/2007). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
Finance Department office renovation — Department of Public Service —
Division of Architecture — per Ord. 2143-03 — bid due October 18, 2007
(advertised 9/26/2007 and 10/3/2007). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
Microfiche and CD-rom services (Re-Bid) — Department of Finance — per Ord. 884-07 —
bid due October 17, 2007 (advertised 9/26/2007 and 10/3/2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
Paper products and printing services (Re-Bid) — Clerk of Council — per Ord. 1077-07 —
bid due October 12, 2007 (advertised 9/26/2007 and 10/3/2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
Plate truck maintenance — Department of Public Utilities — Division of
Water Pollution Control — per Ord. 825-07 — bid due October 12, 2007
(advertised 9/26/2007 and 10/3/2007). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
Roof testing, evaluation, repair and replacement — Department of Public Utilities —
Division of Water — per Ord. 1626-06 — bid due November 2, 2007
(advertised 9/26/2007 and 10/3/2007). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
Spring parts and repair (Re-bid) — Department of Public Service —
Division of Motor Vehicle Maintenance — per Ord. 686-07 —
bid due October 26, 2007 (advertised 10/3/2007 and 10/10/2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
Traffic paint and glass beads — Department of Public Service — Division of Traffic
Engineering — per Ord. 639-07 — bid due October 19, 2007
(advertised 10/3/2007 and 10/10/2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814
West 127th Street sewer replacement project — Department of Public Utilities —
Division of Water Pollution Control — per Ord. 831-07 — bid due October 19, 2007
(advertised 10/3/2007 and 10/10/2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1814

Clerk of Council
Cleveland Letter Service, Inc. — lowest and best bid — addressing services and mailing
services — City Council (O 1620-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809

Cleveland Hopkins International Airport
Airfield signage, lighting, and marking plans — provide drawings — professional services
(O 1239-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1817
Law enforcement and related security services — purchase — Cleveland Hopkins International
Airport and Burke Lakefront Airport (O 1424-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
Next Generation Air Traffic System — Sensis Corporation — license agreement — equipment
to conduct research — Cleveland Hopkins International Airport and Burke Lakefront
Airport (O 1240-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1818
Surface Systems, Inc. — contracts — surface sensor system — upgrade (O 1238-07) . . . . . . . . . . . . . . . . . . . . . . . . . 1817

Codified Ordinances
Armenian Cultural Garden — designating the cultural gardens — amend Sects. 559.02 & 559.241
(O 1610-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803

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Commemoration
Calabrese, Anthony O. (R 1652-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800

Communications
Airport System Refunding bonds and Airport System Revenue Bonds — intend to issue
and refund — Department of Finance (F 1627-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Cuyahoga County Engineer — rehabilitation — Columbus Road Lift Bridge over the
Cuyahoga River (F 1629-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Cuyahoga County Engineer — rehabilitation — Pearl Road Bridge No. 118 over Big
Creek, Norfolk southern Railroad and CSX Railroad (F 1630-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Cuyahoga County Engineer — structural steel repairs — W. 49th Street/ Herman
Avenue Bridge No. 194 over the West Shoreway (F 1628-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799

Community Development
E. 111th St. — Land Reutilization Program — Yolanda Savoury (O 1612-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1805
E. 116th St. — Land Reutilization Program — Margaret P. Tod Gregory (O 1613-07) . . . . . . . . . . . . . . . . . . . . . . . . . 1805
Ella Ave. — Land Reutilization Program — Martin E. Liptak (O 1614-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1806
Kelton Ave. — Land Reutilization Program — Lavora G. Gadison (O 1611-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1804
Lorain Ave., 11816-11824 — Friends of the Historic Variety Theatre, Inc. —
maintenance — amend Ord. 747-07 (O 1570-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
Mental Health Services, Inc. — lease certain property — 1550 Superior Ave. —
housing facility for homeless men (O 1617-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1808
Shaker Blvd., Rosehill Ave. — Land Reutilization Program —
Cleveland Arts and Social Sciences Academy, Inc. (O 1619-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1807
Wade Park Ave. — Land Reutilization Program — Sarah Washington (O 1615-07) . . . . . . . . . . . . . . . . . . . . . . . . . . 1806

Condolences
Ginyard, Rose Lee (R 1637-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Perkins, Bessie L. (R 1639-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Shepherd, Jay (R 1638-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Ulrich, Jack (R 1640-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800

Congratulations
Castele, Dr. Ted & Mrs. Jean (R 1646-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Colage, Gino (R 1649-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
DeFleice, Michael O. (R 1641-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Dilorio, Antonio (R 1647-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Fatima Family Center (R 1644-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Lucarelli, Jay (R 1648-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
MidTown Cleveland, Inc. (R 1643-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Myers University (R 1645-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Original Harvest Missionary Baptist Church (R 1642-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Zitiello, Rose (R 1650-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800

Consumer Affairs Department
Ohio Coalition for Responsible Lending, The — encourage Ohio legislators —
protect consumers — high cost payday loans (R 1571-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815

Contracts
Aegis software — maintenance — New World Systems — Public Safety
(O 1609-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
AS400 servers — maintenance and support — International Business Machines Corporation —
Division of Police (O 1608-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
Cleveland Team Approach to Domestic Violence 2008 — grant — Criminal Justice Services
Agency — Cuyahoga County — implement the program (O 1607-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
Era Systems Corporation — amendments to Contract No. 66178 — noise monitoring system
software upgrades (O 1241-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1818
Fire/EMS computer aided dispatch and mobile software project — Intergraph —
contracts (O 1606-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802
Moreland Theatre Complex — 11810 Buckeye Rd. — redevelop the property —
financial assistance — Buckeye (Cleveland) Area Development Corporation —
Economic Development (O 1418-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

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Cuyahoga County
Cleveland Team Approach to Domestic Violence 2008 — grant — Criminal Justice
Services Agency — Cuyahoga County — implement the program
(O 1607-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
Lake Erie Wind Energy Center — feasibility study — grant agreement —
Cuyahoga County Department of Development (O 1419-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

Cuyahoga County Engineer
Columbus Road Lift Bridge over the Cuyahoga River — rehabilitation
(F 1629-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Pearl Road Bridge No. 118 over Big Creek, Norfolk southern Railroad and CSX Railroad —
rehabilitation (F 1630-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
W. 49th Street/ Herman Avenue Bridge No. 194 over the West Shoreway — structural steel
repairs (F 1628-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799

Detroit Shoreway Community Development Organization
Capitol Theatre (1400 W. 65th St.) — renovation — development assistance
(O 1420-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

Economic Development Department
Capitol Theatre (1400 W. 65th St.) — renovation — development assistance —
Detroit Shoreway Community Development Organization, (O 1420-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
Lake Erie Wind Energy Center — feasibility study — grant agreement —
Cuyahoga County Department of Development (O 1419-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
Moreland Theatre Complex — 11810 Buckeye Rd. — redevelop the property —
financial assistance — Buckeye (Cleveland) Area Development Corporation
(O 1418-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
S. Marginal Rd. & Marquette Ave. (southwest corner) — transfer property from Public
Utilities to Economic Development Depts. — environmental remediation and development
(O 1602-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800

Emergency Medical Service Division
Fire/EMS computer aided dispatch and mobile software project — Intergraph —
contracts (O 1606-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802

Fees
Video Service Provider Fees — paid by — provider offering video service
(O 1234-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1816

Finance Department
Airport System Refunding bonds and Airport System Revenue Bonds — intend to issue
and refund (F 1627-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Computers, e-mail service — improve and update — purchase — professional consultants —
Division of Information Technology and Services (O 1397-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1819
Taylor, Mary, Ohio State Auditor — contracts — assessment — 2007 financial statement —
two statements of Auditing Standards — Divisions of Water and Taxation —
accounting and auditing training (O 1398-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1820

Fire Division
Cleveland Fire Stations — Various Upgrades — Contract No. 66840 — Public Service —
statement of work acceptance (F 1636-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Fire/EMS computer aided dispatch and mobile software project — Intergraph —
contracts (O 1606-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802

Grants
ASIST Cleveland 2010 Program — U. S. Department of Health and Human Services
(O 1245-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811-T
Cleveland Team Approach to Domestic Violence 2008 — Criminal Justice Services Agency —
Cuyahoga County — implement the program (O 1607-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803

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Health Department
ASIST Cleveland 2010 Program — grant — U. S. Department of Health and Human Services
(O 1245-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811-T

Homeless
Mental Health Services, Inc. — lease certain property — 1550 Superior Ave. — housing
facility for homeless men (O 1617-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1808

Information System Services Division
Computers, e-mail service — improve and update — purchase — professional consultants
(O 1397-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1819

Land Reutilization Program
E. 111th St. — Yolanda Savoury (O 1612-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1805
Ella Ave. — Martin E. Liptak (O 1614-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1806
Kelton Ave. — Lavora G. Gadison (O 1611-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1804
Shaker Blvd., Rosehill Ave. — Cleveland Arts and Social Sciences Academy, Inc.
(O 1619-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1807
Wade Park Ave. — Sarah Washington (O 1615-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1806

Leases
Mental Health Services, Inc. — lease certain property — 1550 Superior Ave. — housing
facility for homeless men (O 1617-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1808

Liquor Permits
Broadview Rd., 2011 — objection — withdraw (Ward 15)(R 1625-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1810
Clark Ave., 3726 — objection (Ward 14) (R 1623-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809
E. 116th St., 3643 — objection — withdraw (Ward 2) (R 1576-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815
Harvard Ave., 14720 — objection — withdraw (Ward 1) (R 1575-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815
Harvard Ave., 6501 — objection — withdraw (Ward 12) (R 1624-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1810
Ivanhoe Rd., 1023 rear & 1025 — transfer (Ward 11) (F 1632-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Lorain Ave., 13601 — transfer (Ward 20) (F 1633-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Lorain Ave., 17007 — transfer (Ward 21) (F 1634-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Memphis Ave., 5200 — objection — withdraw (Ward 15) (R 1626-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1810
Old River Rd., 1146 — objection — withdraw (Ward 13) (R 1574-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815
W. 130th St., 4611 — transfer (Ward 20) (F 1631-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799

Neighborhood Equity Funds
Summer Enrichment Program — Lexington-Bell Community Center — agreement —
Ward 7 (O 1621-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809
Young Women’ s Youth Sports and Recreation Program — Harvard Community Service Center —
agreement — Ward 1 (O 1618-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1808

Ohio General Assembly
Ohio Healthy Families Act (legislation) — supporting campaign — paid sick days
(R 1622-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809

Parks, Recreation and Properties Department
Armenian Cultural Garden — designating the cultural gardens — amend Sects. 559.02 & 559.241
(O 1610-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
E. 55th St., 1465-67 — sell City-owned property — Ozanne Construction Company, Inc.
(O 1417-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1820
Summer Enrichment Program — Lexington-Bell Community Center — agreement — Ward 7 NEF
(O 1621-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809
Young Women’ s Youth Sports and Recreation Program — Harvard Community Service Center —
agreement — Ward 1 NEF (O 1618-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1808
Zelma Watson George Recreation Center — roller skating rink — managerial services for the
daily operations (O 1255-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1819

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Permits
Sidewalk and street obstruction permits — Service Providers — declaring a moratorium (O 1616-07) . . . . . . . . . . 1807
Tremont Walk for Chornobyl, 2007 — permit — Children of Chornobyl Relief and Development
Fund (O 1572-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1821

Police Division
AS400 servers — maintenance and support — International Business Machines Corporation
(O 1608-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
Law enforcement and related security services — purchase — Cleveland Hopkins International
Airport and Burke Lakefront Airport (O 1424-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

Port Control Department
Airfield signage, lighting, and marking plans — provide drawings — professional services —
Cleveland Hopkins International Airport (O 1239-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1817
Airport System Refunding bonds and Airport System Revenue Bonds — intend to issue
and refund — Department of Finance (F 1627-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Era Systems Corporation — amendments to Contract No. 66178 — noise monitoring system
software upgrades (O 1241-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1818
Law enforcement and related security services — purchase — Cleveland Hopkins International
Airport and Burke Lakefront Airport (O 1424-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
Next Generation Air Traffic System — Sensis Corporation — license agreement — equipment
to conduct research — Cleveland Hopkins International Airport and Burke Lakefront
Airport (O 1240-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1818
Surface Systems, Inc. — contracts — surface sensor system — upgrade — Cleveland Hopkins
International Airport (O 1238-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1817

Predatory Lending
Ohio Coalition for Responsible Lending, The — encourage Ohio legislators — protect
consumers — high cost payday loans (R 1571-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815

Professional Services
Airfield signage, lighting, and marking plans — provide drawings — Cleveland Hopkins
International Airport (O 1239-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1817
Computers, e-mail service — improve and update — purchase — Division of Information
Technology and Services (O 1397-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1819

Purchases and Supplies Division
E. 55th St., 1465-67 — sell City-owned property — Ozanne Construction Company, Inc.
(O 1417-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1820

Resolutions — Miscellaneous
Ohio Coalition for Responsible Lending, The — encourage Ohio legislators — protect
consumers — high cost payday loans (R 1571-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815
Ohio Healthy Families Act (legislation) — supporting campaign — paid sick days
(R 1622-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809

Right-of-Way
Sidewalk and street obstruction permits — Service Providers — declaring a moratorium
(O 1616-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1807

Safety Department
Aegis software — maintenance — New World Systems (O 1609-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
AS400 servers — maintenance and support — International Business Machines Corporation —
Division of Police (O 1608-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
Cleveland Team Approach to Domestic Violence 2008 — grant — Criminal Justice Services
Agency — Cuyahoga County — implement the program (O 1607-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1803
Fire/EMS computer aided dispatch and mobile software project — Intergraph —
contracts (O 1606-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802
Law enforcement and related security services — purchase — Cleveland Hopkins International
Airport and Burke Lakefront Airport (O 1424-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

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Service Department
Cleveland Brown’s Stadium — Structural Repairs — Contract No. 66942 — Public Service —
statement of work acceptance (F 1635-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Cleveland Fire Stations — Various Upgrades — Contract No. 66840 — Public Service —
statement of work acceptance (F 1636-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Debris disposal services — construction and demolition — Division of Waste Collection and
Disposal (O 1604-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1801
Eglindale Court S.W. — vacate (O 1605-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802
Justin Ave., S.W. — intent to vacate (R 1270-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
LED bulbs — purchase — Division of Traffic Engineering (O 1243-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1818
Midtown Cleveland, Inc., — property adoption agreement — Euclid Ave. & E. 55th St.
(southeast corner) — lighting, maintenance, landscaping, & other fixtures
(O 1244-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1819
Sidewalk and street obstruction permits — Service Providers — declaring a moratorium
(O 1616-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1807
Tires (transfer and disposal) — Division of Waste Collection and Disposal (O 1603-07) . . . . . . . . . . . . . . . . . . . . . . 1800
Tremont Walk for Chornobyl, 2007 — permit — Children of Chornobyl Relief and Development
Fund (O 1572-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1821
W. 7th St. — intent to vacate (R 1269-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

Stadium
Cleveland Brown’s Stadium — Structural Repairs — Contract No. 66942 — Public Service —
statement of work acceptance (F 1635-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799

State Auditor
Taylor, Mary, Ohio State Auditor — contracts — assessment — 2007 financial statement —
two statements of Auditing Standards — Divisions of Water and Taxation — accounting
and auditing training (O 1398-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1820

Statement of Work Acceptance
Cleveland Brown’s Stadium — Structural Repairs — Contract No. 66942 — Public Service
(F 1635-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Cleveland Fire Stations — Various Upgrades — Contract No. 66840 — Public Service
(F 1636-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800

Street Vacation
Eglindale Court S.W. — vacate (O 1605-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802
Justin Ave., S.W. — intent to vacate (R 1270-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811
W. 7th St. — intent to vacate (R 1269-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

Tabled Legislation
ASIST Cleveland 2010 Program — grant — U. S. Department of Health and Human Services
(O 1245-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811-T

Taxation Division
Taylor, Mary, Ohio State Auditor — contracts — assessment — 2007 financial statement —
two statements of Auditing Standards — Divisions of Water and Taxation — accounting
and auditing training (O 1398-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1820

Traffic Engineering & Parking Division
LED bulbs — purchase (O 1243-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1818

Utilities Department
Customized production truck for TV-23 — purchase (O 1237-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1817
Motorola — requirement contracts — equipment and supplies — radio system (O 1236-07) . . . . . . . . . . . . . . . . . . . 1817
S. Marginal Rd. & Marquette Ave. (southwest corner) — transfer property from Public
Utilities to Economic Development Depts. — environmental remediation and development
(O 1602-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Sidewalk and street obstruction permits — Service Providers — declaring a moratorium (O 1616-07) . . . . . . . . . . 1807
Video Service Provider Fees — paid by — provider offering video service (O 1234-07) . . . . . . . . . . . . . . . . . . . . . . . 1816

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Ward 01
Harvard Ave., 14720 — objection — withdraw — liquor permit (R 1575-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815
Young Women’ s Youth Sports and Recreation Program — Harvard Community Service Center —
agreement — NEF (O 1618-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1808

Ward 02
E. 116th St. — Land Reutilization Program — Margaret P. Tod Gregory (O 1613-07) . . . . . . . . . . . . . . . . . . . . . . . . . 1805
E. 116th St., 3643 — objection — withdraw — liquor permit (R 1576-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815
Ella Ave. — Land Reutilization Program — Martin E. Liptak (O 1614-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1806

Ward 03
DeFleice, Michael O. — congratulation (R 1641-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Perkins, Bessie L. — condolence (R 1639-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Zelma Watson George Recreation Center — roller skating rink — managerial services for the
daily operations (O 1255-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1819

Ward 04
Moreland Theatre Complex — 11810 Buckeye Rd. — redevelop the property — financial
assistance — Buckeye (Cleveland) Area Development Corporation —
Economic Development (O 1418-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

Ward 05
MidTown Cleveland, Inc. — congratulation (R 1643-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Midtown Cleveland, Inc., — property adoption agreement — Euclid Ave. & E. 55th St.
(southeast corner) — lighting, maintenance, landscaping, & other fixtures (O 1244-07) . . . . . . . . . . . . . . . . . 1819
Original Harvest Missionary Baptist Church — congratulation (R 1642-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800

Ward 06
DeFleice, Michael O. — congratulation (R 1641-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800
Shaker Blvd., Rosehill Ave. — Land Reutilization Program — Cleveland Arts and Social
Sciences Academy, Inc. (O 1619-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1807

Ward 07
Fatima Family Center — congratulation (R 1644-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ginyard, Rose Lee — condolence (R 1637-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Summer Enrichment Program — Lexington-Bell Community Center — agreement —
Ward 7 NEF (O 1621-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wade Park Ave. — Land Reutilization Program — Sarah Washington (O 1615-07) . . .

. . . . . . . . . . . . . . . . . . . . . . . 1800
. . . . . . . . . . . . . . . . . . . . . . . 1800
. . . . . . . . . . . . . . . . . . . . . . . 1809
. . . . . . . . . . . . . . . . . . . . . . . 1806

Ward 09
E. 111th St. — Land Reutilization Program — Yolanda Savoury (O 1612-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1805
Kelton Ave. — Land Reutilization Program — Lavora G. Gadison (O 1611-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1804

Ward 11
Ivanhoe Rd., 1023 rear & 1025 — transfer — liquor permit (F 1632-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
Ward 12
Harvard Ave., 6501 — objection — withdraw — liquor permit (R 1624-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1810
Ward 13
E. 55th St., 1465-67 — sell City-owned property — Ozanne Construction Company, Inc. (O 1417-07)
Mental Health Services, Inc. — lease certain property — 1550 Superior Ave. — housing
facility for homeless men (O 1617-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Old River Rd., 1146 — objection — withdraw — liquor permit (R 1574-07) . . . . . . . . . . . . . . . . . . . . .
S. Marginal Rd. & Marquette Ave. (southwest corner) — transfer property from Public
Utilities to Economic Development Depts. — environmental remediation and development
(O 1602-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shepherd, Jay — condolence (R 1638-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tremont Walk for Chornobyl, 2007 — permit — Children of Chornobyl Relief and Development
Fund (O 1572-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
W. 7th St. — intent to vacate (R 1269-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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October 3, 2007

The City Record

35

Ward 14
Clark Ave., 3726 — objection — liquor permit (R 1623-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1809

Ward 15
Broadview Rd., 2011 — objection — withdraw — liquor permit (R 1625-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1810
Eglindale Court S.W. — vacate (O 1605-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802
Memphis Ave., 5200 — objection — withdraw — liquor permit (R 1626-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1810

Ward 17
Calabrese, Anthony O. — commemoration (R 1652-07) . . . . . . . . . . . . . . . . . . . . . .
Capitol Theatre (1400 W. 65th St.) — renovation — development assistance —
Detroit Shoreway Community Development Organization, (O 1420-07). . . .
Castele, Dr. Ted & Mrs. Jean — congratulation (R 1646-07) . . . . . . . . . . . . . . . . . .
Colage, Gino — congratulation (R 1649-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dilorio, Antonio — congratulation (R 1647-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lucarelli, Jay — congratulation (R 1648-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Zitiello, Rose — congratulation (R 1650-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Ward 19
Lorain Ave., 11816-11824 — Friends of the Historic Variety Theatre, Inc. —
maintenance — amend Ord. 747-07 (O 1570-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1811

Ward 20
Justin Ave., S.W. — intent to vacate (R 1270-07). . . . . . . . . .
Lorain Ave., 13601 — transfer — liquor permit (F 1633-07).
Myers University — congratulation (R 1645-07) . . . . . . . . . .
O’Cuiv, Eamon — welcome (R 1651-07). . . . . . . . . . . . . . . . . .
Ulrich, Jack — condolence (R 1640-07) . . . . . . . . . . . . . . . . . .
W. 130th St., 4611 — transfer — liquor permit (F 1631-07) . .

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Ward 21
Lorain Ave., 17007 — transfer — liquor permit (F 1634-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1799
O’Cuiv, Eamon — welcome (R 1651-07). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800

Waste Collection and Disposal Division
Debris disposal services — construction and demolition (O 1604-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1801
Tires (transfer and disposal) (O 1603-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800

Water Division
Taylor, Mary, Ohio State Auditor — contracts — assessment — 2007 financial statement —
two statements of Auditing Standards — Divisions of Water and Taxation — accounting
and auditing training (O 1398-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1820

Welcome
O’Cuiv, Eamon (R 1651-07) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800

1831