2009-05-20.txt

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

May the Twentieth, Two Thousand and Nine

Frank G. Jackson
Mayor

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

Martin J. Sweeney
President of Council

Patricia J. Britt
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
Terrell H. Pruitt
Nathaniel K. Wilkes
Zachary Reed
Kenneth L. Johnson
Phyllis E. Cleveland
Mamie J. Mitchell
TJ Dow
Shari L. Cloud
Kevin Conwell
Eugene R. Miller
Michael D. Polensek
Anthony Brancatelli
Joe Cimperman
Joseph Santiago
Brian J. Cummins
Kevin J. Kelley
Matthew Zone
Jay Westbrook
Dona Brady
Martin J. Sweeney
Martin J. Keane

Printed on Recycled Paper

Containing

PAGE

City Council
The Calendar
Board of Control
Civil Service
Board of Zoning Appeals
Board of Building Standards
and Building Appeals
Public Notice
Public Hearings
City of Cleveland Bids
Adopted Resolutions
and Ordinances
Committee Meetings
Index

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25
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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
Terrell H. Pruitt ..................................................3877 East 189th Street
44122
Nathaniel K. Wilkes ...........................................8410 Vineyard Avenue
44105
Zachary Reed .....................................................3734 East 149th Street
44120
Kenneth L. Johnson...............................................2948 Hampton Road
44120
Phyllis E. Cleveland .............................................2369 East 36th Street
44105
Mamie J. Mitchell.................................12701 Shaker Boulevard, #712
44120
TJ Dow..................................................................8323 Pulaski Avenue
44103
Shari L. Cloud ......................................................1152 East 98th Street
44108
Kevin Conwell ..................................................10647 Ashbury Avenue
44106
Eugene R. Miller ...................................................13615 Kelso Avenue
44110
Michael D. Polensek..............................................17855 Brian Avenue
44119
Anthony Brancatelli..................................................6924 Ottawa Road
44105
Joe Cimperman..............................................................P.O. Box 91688
44101
Joseph Santiago ...................................................3169 West 14th Street
44109
Brian J. Cummins ............................................3104 Mapledale Avenue
44109
Kevin J. Kelley ..............................................6608 Woodhaven Avenue
44144
Matthew Zone .....................................................1228 West 69th Street
44102
Jay Westbrook ...................................................1278 West 103rd Street
44102
Dona Brady ..........................................................1272 West Boulevard
44102
Martin J. Sweeney.............................................3632 West 133rd Street
44111
Martin J. Keane......................................................15907 Colletta Lane
44111
City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840
First Assistant Clerk — Sandra Franklin
MAYOR – Frank G. Jackson
Ken Silliman, Secretary to the Mayor, Chief of Staff
Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer
Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs
Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development
Monyka S. Price, Executive Assistant to the Mayor, Chief of Education
Maureen Harper, Executive Assistant to the Mayor, Chief of Communications
Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary
Natoya J. Walker, Interim Director, Office of Equal Opportunity
DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel,
Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106
Karen E. Martines, Law Librarian, Room 100
DEPT. OF FINANCE – Sharon Dumas, Director, Room 104;
Frank Badalamenti, Manager, Internal Audit
DIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19
Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122
City Treasury – ________________, Treasurer, Room 115
Financial Reporting and Control – James Gentile, Controller, Room 18
Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair
Avenue
Purchases and Supplies – James E. Hardy, Commissioner, Room 128
Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue
Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue
DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Interim Director, 1201 Lakeside Avenue
DIVISIONS – 1201 Lakeside Avenue
Cleveland Public Power – Ivan Henderson, Commissioner
Street Lighting Bureau – ______________, Acting Chief
Utilities Fiscal Control – Dennis Nichols, Commissioner
Water – John Christopher Nielson, Commissioner
Water Pollution Control – Ollie Shaw, Commissioner
DEPT. OF PORT CONTROL – Ricky D. Smith, Director
Cleveland Hopkins International Airport, 5300 Riverside Drive
Burke Lakefront Airport – Khalid Bahhur, Commissioner
Cleveland Hopkins International Airport – Fred Szabo, Commissioner
DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113
DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517
Engineering and Construction – _________, Commissioner, Room 518
Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards
Streets – Randell T. Scott, Commissioner, Room 25
Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1
Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue
DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 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

DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City Hall
DIVISIONS: Administrative Services – Terrence Ross, Commissioner
Neighborhood Services – Louise V. Jackson, Commissioner
Neighborhood Development – Joseph A. Sidoti, Commissioner
DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500
DIVISIONS: Code Enforcement – Tyrone L. Johnson, Commissioner
Construction Permitting – Timothy R. Wolosz, Commissioner
DEPT. OF PERSONNELAND HUMAN RESOURCES – Trudy Hutchinson, Director, Room 121
DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210
DEPT. OF AGING – Jane Fumich, Director, Room 122
DEPT. OF CONSUMER AFFAIRS – Omayra G. Feliciano, Acting Director
COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G.
Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman
Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman
Matthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry,
Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura,
Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot James
Copeland.
CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. Earl
Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing,
Michael L. Nelson.
SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin
J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director.
BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John
Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, _____________, Secretary.
BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F.
Denk, Chairman; ____________, Arthur Saunders, Alternate Members – D. Cox, P.
Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan.
BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President;
Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney.
BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Robert
J. Triozzi; Councilman ______________.
BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities
Director _______________; Council President Martin J. Sweeney.
CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J.
Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean
Pinkney, Norman Krumholz, Council Member Joe Cimperman.
FAIR 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; Lisa Camacho, Daniel Conway, Robert L.
Render, Genesis O. Brown.
HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie
Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan,
David Perkowski, Joan Shaver Washington, Keith Sutton.
CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman;
Clint Martin, Mark Rivera.
MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance
Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin
Kelley.
POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel
Whalen, Nancy Cronin, Elvin Vauss.
CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; Laura
M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Allan
Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert
Keiser, Secretary.
AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Downing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert J. Triozzi.
CLEVELAND MUNICIPAL COURT
JUSTICE CENTER – 1200 ONTARIO STREET
JUDGE COURTROOM ASSIGNMENTS
Judge
Courtroom
Presiding and Administrative Judge Ronald B. Adrine
15A
Judge Marilyn B. Cassidy
12A
Judge Emanuella Groves
13A
Judge Larry A. Jones
14B
Judge Kathleen Ann Keough
13D
Judge Anita Laster Mays
14C
Judge Lauren C. Moore
14A
Judge Charles L. 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, MAY 20, 2009

Vol. 96

No. 4980

CITY COUNCIL
MONDAY, MAY 18, 2009
The City Record
Published weekly by the City Clerk,
Clerk of Council under authority
of the Charter of the
City of Cleveland
The City Record is available
online at
www.clevelandcitycouncil.org
Address all communications to

PATRICIA J. BRITT
City Clerk, Clerk of Council
216 City Hall

PERMANENT SCHEDULE
STANDING COMMITTEES
OF THE COUNCIL
2006-2009
MONDAY — Alternating
9:30 A.M. — Public Parks, Properties and Recreation Committee:
Johnson, Chair; Wilkes, Vice Chair;
Brancatelli, Cummins, Kelley, Polensek, Pruitt.
9:30 A.M. — Health and Human
Services
Committee:
Cleveland,
Chair; Kelley, Vice Chair; Cimperman, Conwell, Mitchell, Reed, Santiago.
11:00 A.M. — Public Service Committee: Brady, Chair; Pruitt, Vice
Chair; Cleveland, Cummins, Johnson,
Polensek,
Reed,
Santiago,
Wilkes.
11:00 A.M. — Legislation Committee: Dow, Chair; Keane, Vice Chair;
Cleveland, Cloud, Johnson, Reed,
Wilkes.
MONDAY
2:00 P.M. — Finance Committee:
Sweeney, Chair; Cimperman, Vice
Chair; Brady, Brancatelli, Cleveland,
Conwell, Kelley, Miller, Mitchell,
Polensek, Westbrook.
TUESDAY
9:30 A.M. — Community and Economic
Development
Committee:
Brancatelli, Chair; Dow, Vice Chair;
Brady,
Cloud,
Cummins,
Miller,
Pruitt, Westbrook, Zone.
1:30 P.M. — Employment, Affirmative Action and Training Committee:
Pruitt, Chair; Santiago, Vice Chair;
Conwell, Cummins, Johnson, Miller,
Mitchell.
WEDNESDAY — Alternating
10:00 A.M. — Aviation and Transportation Committee: Kelley, Chair;
Keane, Vice Chair; Cleveland, Cloud,
Dow, Mitchell, Westbrook.

10:00 A.M. — Public Safety Committee: Conwell, Chair; Brady, Vice
Chair; Cummins, Miller, Mitchell,
Polensek, Pruitt, Santiago, Zone.
WEDNESDAY — Alternating
1:30 P.M. — Public Utilities Committee: Zone, Chair; Reed, Vice Chair;
Cummins, Keane, Kelley, Polensek,
Santiago, Westbrook, Wilkes.
1:30 P.M. — City Planning Committee: Cimperman, Chair, Westbrook, Vice Chair, Conwell, Dow,
Keane, Reed, Zone.
The following Committees are
subject to the Call of the Chair:
Rules Committee: Sweeney, Chair;
Cleveland, Kelley, Keane, Polensek.
Personnel and Operations Committee: Westbrook, Chair; Cloud,
Kelley, Mitchell, Santiago, Sweeney,
Wilkes.
Mayor’s Appointment Committee:
Cleveland,
Chair;
Kelley,
Miller,
Sweeney, Westbrook.

MOTION
On the motion of Council Member
Cleveland, the reading of the minutes of the last meeting was dispensed with and the journal approved. Seconded by Council Member
Kelley.
FROM DEPARTMENT OF
LIQUOR CONTROL
File No. 742-09.
Re: #1256485 — C1, C2 Transfer of
Ownership Application — Caribe
Bake Shop Inc., 2906 Fulton Road,
1st Floor Only. (Ward 14). Received.
CONDOLENCE RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
by a rising vote:
Res. No. 743-09 — Kenneth E.
Zaremba.
Res. No. 744-09—Sherman S. Terry,
Jr.
CONGRATULATION RESOLUTIONS

OFFICIAL PROCEEDINGS
CITY COUNCIL
______________
Cleveland, Ohio
Monday, May 18, 2009
The meeting of the Council was
called to order, The President Martin J. Sweeney, in the Chair.
Council Members present: Brady,
Brancatelli, Cimperman, Cleveland,
Cloud, Conwell, Cummins, Dow, Johnson, Keane, Kelley, Miller, Mitchell,
Polensek, Pruitt, Santiago, Sweeney,
Westbrook and Wilkes.
Also present were Mayor Frank
G. Jackson; Ken Silliman, Chief of
Staff; Darnell Brown, Chief Operating Officer; Valarie J. McCall,
Chief of Government Affairs; Chris
Warren, Chief of Regional Development; Monyka S. Price, Chief of
Education; Maureen Harper, Chief
of Communications; Andrea V. Taylor, Press Secretary; and Directors
Triozzi,
Dumas,
Smith,
Carroll,
Flask, Cox, Rush, Rybka, Fumich,
Nichols, Brown, Interim Directors
Walker and Withers, Acting Director Feliciano and Teresa Stevenson
of Legislative Affairs.
Pursuant to Ordinance No. 2926-76
prayer was offered by Pastor Earl
Bumgarner of City of God Baptist
Fellowship Church, 15311 St. Clair
Avenue, located in Ward 10. Pledge
of Allegiance.

871

The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 745-09—Mother Cordie M.
Pettit.
Res. No. 746-09—Brent Larkin.
RECOGNITION RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 747-09 — Decoration Day
2009.
Res. No. 748-09 — Miranda Holloway.
Res. No. 749-09—Officer Jim Traynor.
FIRST READING EMERGENCY
ORDINANCES REFERRED
Ord. No. 694-09.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of labor and
materials needed to maintain, replace, or repair overhead doors, for
the various divisions of City government, for a period of one year, with
two one-year options to renew, exercisable by the Director of Finance.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,

4
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
the term of one year, with two oneyear options to renew exercisable by
the Director of Finance, of the necessary items of labor and materials
needed to maintain, replace, or repair overhead doors in the approximate amount as purchased during
the preceding term, purchased by
the Commissioner of Purchases and
Supplies on a unit basis for the various divisions of City government.
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
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 118779)
Section 3. That under Section
108(b) of the Charter, the purchases authorized by this ordinance
may be made through cooperative
agreements with other governmental
agencies.
The
Director
of
Finance may sign all documents
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.
Referred to Directors of Finance,
Law; Committee on Finance.
Ord. No. 695-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of labor and
materials needed to test, evaluate,
repair, or replace roofs and appurtenances, for the Division of Water,
Department of Public Utilities, 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:

The City Record
Section 1. That the Director of
Public Utilities 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 up to two
years of the necessary items of
labor and materials needed to test,
evaluate, repair, or replace roofs
and appurtenances, 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 Water, Department of
Public Utilities. 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
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 189954)
Section 3. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements
with
other
governmental
agencies. The Director of Public
Utilities may sign all documents
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.
Referred to Directors of Public
Utilities, Finance, Law; Committees
on Public Utilities, Finance.
Ord. No. 696-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of various
types of valves, actuators, and appurtenances, and labor and materials necessary to maintain and
repair various types of valves,
actuators, and appurtenances, for
the Division of Water, Department
of Public Utilities, 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:

872

May 20, 2009
Section 1. That the Director of
Public Utilities 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 types of valves, actuators, and
appurtenances, and labor and materials necessary to maintain various
types of valves, actuators, and
appurtenances, 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 Water, Department of
Public Utilities. 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
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 189962)
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 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 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.
Referred to Directors of Public
Utilities, Finance, Law; Committees
on Public Utilities, Finance.
Ord. No. 697-09.
By Council Members Kelley, Cimperman and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control
to enter into a Lease Agreement
with BP Products North America,
Inc. for the operation of an aviation fuel storage and handling
facility at Cleveland Hopkins International Airport, for the Department of Port Control, for a period
of ten years.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of

May 20, 2009
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 enter
into a Lease Agreement (“Lease”)
with BP Products North America,
Inc. (“Lessee”) for use and occupancy of Lots 1, 2, 3, “A” and “B” at
Cleveland Hopkins International Airport, including the adjacent parking
lot and other related amenities
(“Leased Premises”). The Leased
Premises shall be used for the operation of an aviation fuel storage
and handling facility at Cleveland
Hopkins International Airport, for
the Department of Port Control, for
a period of ten years, commencing
January 1, 2009. For use of the
Leased Premises, Lessee shall pay
the City an annual fee of $56,000,
payable in monthly installments of
$4,666.66 due at a mutually agreedupon date.
Section 2. That the Lease may
authorize the Lessee to make improvements to the Leased Premises
subject to the approval of appropriate City agencies and officials.
Section 3. That the Director of
Port Control, 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 4. That the Lease authorized by this ordinance 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.
Referred to Directors of Port Control,
City
Planning
Commission,
Finance, Law; Committees on Aviation and Transportation, City Planning, Finance.
Ord. No. 698-09.
By Council Members Kelley, Cimperman and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
enter into a Lease Agreement with
Bradford Airport Logistics to operate a centralized receiving and distribution center for all concessions
operating
at
Cleveland
Hopkins
International Airport, for the Department of Port Control, for a period of five years, with one option to
renew for an additional five year
period, exercisable by the Director
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 the Director of
Port Control is authorized to enter
into a Lease Agreement (“Lease”)
with
Bradford
Airport
Logistics

The City Record
(“Lessee”) for use and occupancy of
approximately 10,000 square feet of
the warehouse building on Lot LE
37-A at Cleveland Hopkins International Airport, including the adjacent parking lot and other related
amenities (“Leased Premises”). The
Leased Premises shall be used as a
centralized receiving and distribution facility for all concessionaires
operating
at
Cleveland
Hopkins
International Airport. The term of
the Lease shall be for five years,
with one five year option to renew,
exercisable by the Director of Port
Control. For use of the Leased
Premises, Lessee shall pay the City
an annual fee based on fair market
rental, as determined by independent appraisal. The rent shall be
paid in monthly installments due on
the first day of each month during
the term of the Lease.
Section 2. That the Lease may
authorize
the
Lessee
to
make
improvements to the leased premises subject to the approval of appropriate City agencies and officials.
Section 3. That the Director of
Port Control, 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 4. That the Lease authorized by this ordinance 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.
Referred to Directors of Port Control,
City
Planning
Commission,
Finance, Law; Committees on Aviation and Transportation, City Planning, Finance.
Ord. No. 699-09.
By Council Members Westbrook,
Kelley, Cimperman and Sweeney
(by departmental request).
An emergency ordinance authorizing the Director of Port Control to
issue rent credits to Mercury Air
Services, LLC, under Contract No.
62837, for capital improvements made
to their leasehold premises; and
authorizing the Director to enter into
an amendment to the contract regarding the rent credits.
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 enter
into an amendment to Contract No.
62837 (“Amendment”) with Mercury
Air Services, LLC, to issue rent credits to Mercury Air Services, LLC
(“Mercury”)
for
capital
improvements made to their leasehold
premises, which consists of approximately 36,400 square feet of space
known as Bays D and E and approx-

873

5
imately 12,480 square feet of space
known as Bay F in the Secondary
Hangar
(collectively
“Leasehold
Premises”). The rent credit amount
will not exceed $225,000 against rent
for the capital improvements made
to the Leasehold Premises by Mercury, provided such improvements
are first approved in writing by the
Director of Port Control. The credits
against rent shall be amortized over
the first extended term of the lease.
Any rent credits not applied during
the first extended term of the lease
shall be forfeited by Mercury. Notwithstanding any rent credits given,
at no time shall the annual rent
received by the City for the leasehold Premises during the first extended term be less than $123,384.
Section 2. That the Director of
Port Control is authorized to execute any additional documents necessary and appropriate to issue the
rent credits.
Section 3. That the Amendment
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.
Referred to Directors of Port Control,
City
Planning
Commission,
Finance, Law; Committees on Aviation and Transportation, City Planning, Finance.
Ord. No. 700-09.
By Council Members
Polensek,
Brady and Sweeney (by departmental request).
An emergency ordinance to amend
Section 5 of Ordinance No. 689-08,
passed June 2, 2008, relating to the
Waterloo Streetscape project.
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 Section 5 of Ordinance No. 689-08, passed June 2, 2008,
is amended to read as follows:
Section 5. That the cost of the contract or contracts and land acquisition authorized shall be paid form
Fund Nos. 20 SF 380, 20 SF 383, 20
SF 394, 20 SF 500, 20 SF 506, 20 SF
510, 20 SF 520, and 20 SF 528,
Request Nos. 175551 and 188487.
Section 2. That existing Section 5
of Ordinance No. 689-08, passed June
2, 2008, is 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 Public
Service, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Finance.

6
Ord. No. 701-09.
By Council Members Brady, Cimperman and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Service to
enter into one or more contract
amendments to Contract No. 68583
with Charles P. Braman & Co., Inc.
to perform appraisals, relocation service, project design, and other reviews on the West 74th Street
Bridge, Madison Avenue Bridge,
Harvard Avenue Bridge, and the
East 79th Street Bridge.
Whereas, under Ordinance No.
1568-07, passed October 29, 2007, and
Board of Control Resolution No. 16908, adopted April 7, 2008, this Council authorized the Director of Public
Service to enter into Contract No.
68583 with Charles P. Braman & Co.,
Inc., to perform appraisals, relocation service, project design, and
other reviews of various ODOTassisted public improvement projects on three specific bridges that
involve the acquisition of easements
and rights-of-way; and
Whereas, additional professional
services are desired in order to
include the West 74th Street Bridge,
Madison Avenue Bridge, Harvard
Avenue Bridge, and the East 79th
Street Bridge in Contract No. 68583;
and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public Service is authorized to enter
into one or more amendments to
Contract No. 68583 with Charles P.
Braman & Co., Inc. to include professional services for the West 74th
Street Bridge, Madison Avenue Bridge,
Harvard Avenue Bridge, and the
East 79th Street Bridge projects.
The cost of the contract amendment
or amendments shall be paid from
Fund Nos. 20 SF 380, 20 SF 383, 20
SF 394, 20 SF 500, 20 SF 506, 20 SF
510, 20 SF 520, and 20 SF 528,
Request No. 188488.
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
Service, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Finance.
Ord. No. 702-09.
By Council Members Conwell, Brady,
Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of constructing
the Uptown Development Project
located at the northeast corner of
Mayfield Road and Euclid Avenue;
authorizing the Director of Public
Service to enter into one or more
public improvement contracts for
the making of the improvement;

The City Record
authorizing the Director to employ
one or more professional consultants
to design the improvement; authorizing the Commissioner of Purchases and Supplies to acquire for
right-of-way
purposes
such
real
property as is necessary to make the
public improvement; authorizing the
director to enter into any agreements relative thereto; and authorizing the Director to apply for and
accept gifts and grants from public
and private entities to implement
the improvement.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That, under Section 167
of the Charter of the City of Cleveland, this Council determines to
make the public improvement of
Uptown Development Project located at the northeast corner of Mayfield Road and Euclid Avenue (the
“Improvement”), for the Department
of Public Service, by one or more
contracts duly let to the lowest
responsible bidder or bidders after
competitive bidding on a unit basis
for the Improvement.
Section 2. That the Director of
Public Service is authorized to enter
into one or more contracts for the
making of the public improvement
with the lowest responsible bidder
or bidders after competitive bidding
on a unit basis for the Improvement,
provided, however, that each separate trade and each distinct component part of the Improvement may
be treated as a separate improvement, and each, or any combination,
of the trades or components may be
the subject of a separate contract on
a unit basis.
Section 3. That the Director of
Public Service is authorized to apply
and pay for permits, licenses, or
other authorizations required by any
regulatory agency or public authority to permit performance of the
work authorized by this ordinance.
Section 4. That the Director of
Public Service 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 design the Improvement.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Public Service from a list of qualified consultants available for employment as
may be determined after a full and
complete canvass by the Director of
Public Service 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
Public Service, and certified by the
Director of Finance.
Section 5. That, notwithstanding
any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to
the contrary, the Commissioner of

874

May 20, 2009
Purchases and Supplies is authorized to acquire for right-of-way purposes such real property as is necessary to make the Improvement.
The consideration to be paid for the
property shall not exceed fair market value.
Section 6. That the Director of
Public Service is authorized to execute on behalf of the City all documents necessary to acquire the property and to employ and pay all fees
for
title
companies,
surveys,
escrows, appraisers, and all other
costs necessary for the acquisition
of the property.
Section 7. That the Director of
Public Service is authorized to enter
into any agreements necessary to
implement the Improvement.
Section 8. That the Director of
Public Service is authorized to apply
for and accept gifts and grants from
public and private entities to implement the Improvement; that the
Director is authorized to file all
papers and execute all documents
necessary to receive the funds; and
that the funds are appropriated for
the purposes described in this ordinance.
Section 9. That the cost of the contracts, property acquisition, or other
expenditure authorized in this ordinance shall be paid from Fund Nos.
20 SF 380, 20 SF 383, 20 SF 394, 20
SF 500, 20 SF 506, 20 SF 510, 20 SF
520, 20 SF 528, and from the fund or
funds which are credited any grant
proceeds accepted under this ordinance or any gifts received to implement the Improvement, Request No.
188491.
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.
Referred to Directors of Public
Service, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Finance.
Ord. No. 703-09.
By Council Members Dow, Brady,
Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of constructing
the repairing the Spring Brook Culvert on East 85th Street between
Chester Avenue and Crawford Road;
authorizing the Director of Public
Service to enter into one or more
public improvement contracts for
the making of the improvement;
authorizing the Director to employ
one or more professional consultants
to design the improvement; authorizing the Commissioner of Purchases and Supplies to acquire for
right-of-way
purposes
such
real
property as is necessary to make the
public improvement; and authorizing the director to enter into any
agreements relative thereto.
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:

May 20, 2009
Section 1. That, under Section 167
of the Charter of the City of Cleveland, this Council determines to
make the public improvement of repairing the Spring Brook Culvert on
East 85th Street between Chester
Avenue and Crawford Road (the
“Improvement”), for the Department
of Public Service, by one or more
contracts duly let to the lowest
responsible bidder or bidders after
competitive bidding on a unit basis
for the Improvement.
Section 2. That the Director of
Public Service is authorized to enter
into one or more contracts for the
making of the public improvement
with the lowest responsible bidder
or bidders after competitive bidding
on a unit basis for the Improvement,
provided, however, that each separate trade and each distinct component part of the Improvement may
be treated as a separate improvement, and each, or any combination,
of the trades or components may be
the subject of a separate contract on
a unit basis.
Section 3. That the Director of
Public Service is authorized to apply
and pay for permits, licenses, or
other authorizations required by any
regulatory agency or public authority to permit performance of the
work authorized by this ordinance.
Section 4. That the Director of
Public Service 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 design the Improvement.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Public Service from a list of qualified consultants available for employment as
may be determined after a full and
complete canvass by the Director of
Public Service 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
Public Service, and certified by the
Director of Finance.
Section 5. That, notwithstanding
any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to
the contrary, the Commissioner of
Purchases and Supplies is authorized to acquire for right-of-way purposes such real property as is necessary to make the Improvement.
The consideration to be paid for the
property shall not exceed fair market value.
Section 6. That the Director of
Public Service is authorized to execute on behalf of the City all documents necessary to acquire the property and to employ and pay all fees
for
title
companies,
surveys,
escrows, appraisers, and all other
costs necessary for the acquisition
of the property.
Section 7. That the Director of
Public Service is authorized to enter
into any agreements necessary to
implement the Improvement.
Section 9. That the cost of the contracts, property acquisition, or other
expenditure authorized in this ordi-

The City Record
nance shall be paid from Fund Nos.
20 SF 380, 20 SF 383, 20 SF 394, 20
SF 500, 20 SF 506, 20 SF 510, 20 SF
520, 20 SF 528, Request No. 188490.
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.
Referred to Directors of Public
Service, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Finance.
Ord. No. 704-09.
By Council Members Cimperman,
Zone, Westbrook, Brady and Sweeney (by departmental request).
An emergency ordinance giving
consent of the City of Cleveland to
the Ohio Department of Transportation to construct the Lakefront West
Project in the City of Cleveland.
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 it is declared to be
in the public interest that consent of
the City of Cleveland is given to the
Director of Transportation of the
State of Ohio (the “Director of
Transportation”) to make the following
improvements
under
the
plans, specifications and estimates
approved by the Director of Transportation: to construct the Lakefront
West project, which includes construction along the West Shoreway
(US-6/US-20/SR-2) from West Boulevard to West 25th Street, including
the extension of West 73rd Street
under the Norfolk Southern Railroad
to the West Shoreway, the reconstruction of several access points,
and the relocation of segments of
the lakefront Bikeway in the City
of Cleveland (the “Improvement”).
Section 2. That the City proposes
to cooperate with the State in the
cost of the Improvement by assuming and contributing the entire cost
and expense of the Improvement,
less the amount of federal funds
allocated by the Federal Highway
Administration, United States Department of Transportation, for the
Improvement. The City agrees to
assume and contribute 100% of the
cost of any items included in the
construction contract at the request
of the City, which are determined by
the State not eligible or made necessary by the Improvement.
Section 3. That the Director of
Public Service is authorized to enter
into agreements with the Director of
Transportation necessary to complete the planning and construction
of the Improvement.
Section 4. That on completion of
the Improvement, the City will
maintain the rights-of-way and keep
them free of obstructions in a manner satisfactory to the Director of
Transportation and hold the rightsof-way inviolate for public highway
purposes
and
permit
no
signs,
posters, billboards, roadside stands
or other private installations within
the limits of the rights-of-way.

875

7
Section 5. (a) That all existing
streets
and
public
rights-of-way
within the City necessary for the
Improvement shall be made available for the Improvement.
(b) That the City agrees that all
rights-of-way required for the Improvement will be acquired and/or
made available under current State
and Federal regulations. The City
also understands that right-of-way
costs include eligible utility costs.
(c) That the installation of all
utility facilities on the rights-of-way
shall conform with the requirements
of Title 23 CFR 645 and the ODOT
Utilities Manual.
Section 6. That this Council requests the State to proceed with the
Improvement.
Section 7. That the Clerk of Council is authorized to transmit to the
Director of Transportation three (3)
certified copies of this ordinance
immediately on taking effect, and it
shall become the basis for proceeding with the Improvement.
Section 8. 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. 705-09.
By Council Members Cimperman,
Cleveland, Brady and Sweeney (by
departmental request).
An emergency ordinance giving
consent of the City of Cleveland to
the Ohio Department of Transportation to construct a new westbound
IR-90 structure over the Cuyahoga
River Valley north of the existing
structure in the City of Cleveland.
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 it is declared to be
in the public interest that consent of
the City of Cleveland is given to the
Director of Transportation of the
State of Ohio (the “Director of
Transportation”) to make the following
improvements
under
the
plans, specifications and estimates
approved by the Director of Transportation: to construct a new westbound IR-90 structure over the Cuyahoga River Valley north of the
existing structure in the City of
Cleveland (the “Improvement”).
Section 2. That the City gives its
consent to the Improvement and its
administration by the Director of
Transportation, provided that this
ordinance shall not be construed to
impose any financial obligation on
the City for the Improvement. The
City agrees to assume and contribute 100% of the cost of any item,
included in the construction contracts at the request of the City,
which are determined by the Director of Transportation to be ineligible or unnecessary for the Improvement.

8
Section 3. That the Director of
Public Service is authorized to enter
into agreements with the Director of
Transportation necessary to complete the planning and construction
of the Improvement.
Section 4. That on completion of
the Improvement, the City will
maintain the rights-of-way and keep
them free of obstructions in a manner satisfactory to the Director of
Transportation and hold the rightsof-way inviolate for public highway
purposes
and
permit
no
signs,
posters, billboards, roadside stands
or other private installations within
the limits of the rights-of-way.
Section 5. (a) That all existing
streets
and
public
rights-of-way
within the City necessary for the
Improvement shall be made available for the Improvement.
(b) That the City agrees that all
rights-of-way required for the Improvement will be acquired and/or
made available under current State
and Federal regulations. The City
also understands that right-of-way
costs include eligible utility costs.
(c) That the installation of all
utility facilities on the rights-of-way
shall conform with the requirements
of Title 23 CFR 645 and the ODOT
Utilities Manual.
Section 6. That this Council requests the State to proceed with the
Improvement.
Section 7. That the Clerk of Council is authorized to transmit to the
Director of Transportation three (3)
certified copies of this ordinance
immediately on taking effect, and it
shall become the basis for proceeding with the Improvement.
Section 8. 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. 706-09.
By Council Members Dow, Brady,
Cimperman and Sweeney (by departmental request).
An emergency ordinance determining the method of making the
public improvement of constructing
improvements necessary to implement the Upper Chester Development located north of Chester Avenue, south of Hough Avenue, east of
East 85th Street and west of Martin
Luther King Jr. Boulevard; authorizing the Directors of Public Service and Community Development to
enter into one or more public
improvement contracts for the making of the improvement; authorizing
the Directors to employ one or more
professional consultants to design
the improvement; authorizing the
Commissioner of Purchases and Supplies to acquire for right-of-way purposes such real property as is necessary to make the public improvement; authorizing the Directors to
enter into any agreements relative

The City Record
thereto; and authorizing the Directors to apply for and accept gifts
and grants from public and private
entities to implement the improvement.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That, under Section 167
of the Charter of the City of Cleveland, this Council determines to make
the public improvement of constructing improvements necessary to implement the Upper Chester Development located north of Chester Avenue, south of Hough Avenue, east of
East 85th Street and west of Martin
Luther King Jr. Boulevard (the
“Improvement”),
for
the
Departments of Public Service and Community Development, by one or more
contracts duly let to the lowest
responsible bidder or bidders after
competitive bidding on a unit basis
for the Improvement.
Section 2. That the Directors of
Public
Service
and
Community
Development are authorized to enter
into one or more contracts for the
making of the public improvement
with the lowest responsible bidder
or bidders after competitive bidding
on a unit basis for the Improvement,
provided, however, that each separate trade and each distinct component part of the Improvement may
be treated as a separate improvement, and each, or any combination,
of the trades or components may be
the subject of a separate contract on
a unit basis.
Section 3. That the Directors of
Public Service and Community Development are authorized to apply
and pay for permits, licenses, or
other authorizations required by any
regulatory agency or public authority to permit performance of the
work authorized by this ordinance.
Section 4. That the Directors of
Public Service and Community Development are 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 design the Improvement.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Directors of Public Service and Community Development
from a list of qualified consultants
available for employment as may be
determined after a full and complete
canvass by the Directors of Public
Service and Community Development 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 Directors of Law,
approved by the Directors of Public
Service and Community Development, and certified by the Director
of Finance.
Section 5. That, notwithstanding
any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to

876

May 20, 2009
the contrary, the Commissioner of
Purchases and Supplies is authorized to acquire for right-of-way purposes such real property as is necessary to make the Improvement.
The consideration to be paid for the
property shall not exceed fair market value.
Section 6. That the Directors of
Public
Service
and
Community
Development are authorized to execute on behalf of the City all documents necessary to acquire the property and to employ and pay all fees
for
title
companies,
surveys,
escrows, appraisers, and all other
costs necessary for the acquisition
of the property.
Section 7. That the Directors of
Public Service and Community Development are authorized to enter
into any agreements necessary to
implement the Improvement.
Section 8. That the Directors of
Public
Service
and
Community
Development
are
authorized
to
apply for and accept gifts and
grants from public and private entities to implement the Improvement;
that the Directors are authorized to
file all papers and execute all documents necessary to receive the
funds; and that the funds are appropriated for the purposes described in
this ordinance.
Section 9. That the cost of the contracts, property acquisition, or other
expenditure authorized in this ordinance shall be paid from Fund Nos.
20 SF 379, 20 SF 393, 20 SF 505, 20
SF 520, and 20 SF 526, and from the
fund or funds which are credited
any grant proceeds accepted under
this ordinance or any gifts received
to
implement
the
Improvement,
Request No. 188493.
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.
Referred to Directors of Community Development, Public Service,
Finance, Law; Committees on Community and Economic Development,
Public Service, Finance.
Ord. No. 707-09.
By
Council
Members
Johnson,
Cleveland, Mitchell, Brady, Cimperman and Sweeney (by departmental
request).
An emergency ordinance to supplement Ordinance No. 911-07, passed
June 11, 2007, as amended by Ordinance No. 350-08, passed May 5, 2008
by adding new Section 5a; and to
amend the title and Section 6 of the
ordinance relating to the rehabilitation of Woodland Avenue and Kinsman Avenue (State Route 8) between East 34th Street and East
93rd 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:

May 20, 2009
Section 1. That Ordinance No. 91107, passed June 11, 2007, as amended by Ordinance No. 350-08, passed
May 5, 2008, is supplemented by
adding new Section 5a to read as
follows:
Section 5a. That the Director of
Public Service is authorized to enter
into one or more agreements with
the Cuyahoga Metropolitan Housing
Authority (“CMHA”) for reimbursement of the cost of improvements
beneficial to CMHA property made
during construction of the Improvement.
Section 2. That the title and Section 6 of Ordinance No. 911-07,
passed June 11, 2007, as amended by
Ordinance No. 350-08, passed May 5,
2008, are amended to read as follows:
An emergency ordinance determining the method of making the
public improvement of rehabilitating Woodland Avenue (SR 8) from
East 30th Street to East 55th Street
and Kinsman Road (SR 8) from
East 55th Street to East 93rd Street;
authorizing the Director of Public
Service to enter into one or more
contracts to construct the improvement; authorizing the director to
employ one or more professional
consultants necessary to design the
improvement; authorizing the director to enter into a Local Project
Administration agreement with the
Ohio Department of Transportation
to make the improvement; accepting
a grant from the Ohio Public Works
Commission to make the improvement; authorizing the director to
enter into one or more agreements
with the Cuyahoga Metropolitan
Housing Authority for reimbursement of the cost of making improvements.
Section 6. That the cost of the
improvement, professional services,
and other payments authorized 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, 20 SF
510, 52 SF 001, 54 SF 001 and from
the fund or funds to which are credited the funds received from the
State of Ohio under the Local Project Administration and grant funds
accepted
from
the
Ohio
Public
Works Commission Issue I, which
are designated and appropriated for
this purpose, and from to the fund
or funds which are deposited the
funds received from CMHA as reimbursement for work performed by
the City, Request Nos. 173269, 175518,
and 188489.
Section 3. That the existing title
and Section 6 of Ordinance No. 91107, passed June 11, 2007, as amended by Ordinance No. 350-08, passed
May 5, 2008, are repealed.
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.
Referred to Directors of Public
Service, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Finance.

The City Record
Ord. No. 708-09.
By Council Members Keane, Brady,
Cimperman and Sweeney (by departmental request).
An emergency ordinance to supplement Ordinance No. 2457-02, passed
March 10, 2003 by adding new Section 4; and to amend the title and
Section 5 of the ordinance, relating
to streetscape improvements in the
Kamm’s Corner area.
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 Ordinance No. 245702, passed March 10, 2003, is supplemented by adding new Section 4 to
read as follows:
Section 4. That the Director of
Public Service is authorized to enter
into one or more agreements with
private utility companies to pay the
costs for the installation of underground lines in connection with the
improvement.
Section 2. That the title and Section 5 of Ordinance No. 2457-02,
passed March 10, 2003, are amended
to read as follows:
An emergency ordinance determining the method of making the
public improvement of constructing
streetscape improvements in the
Kamm’s Corner area; authorizing
the Director of Public Service to
enter into one or more contracts for
the making of the improvement;
authorizing the Director to employ
one or more professional consultants
to design the improvement; authorizing the Director to enter into
agreements with private utility companies to pay the costs for the
installation of underground lines.
Section 5. That the cost of the
improvement, professional services,
and other payments authorized shall
be paid from fund Nos. 10 SF 166, 20
SF 181, 20 SF 190, 20 SF 302, 20 SF
312, 20 SF 322, 20 SF 334, 20 SF 342,
20 SF 353, 20 SF 364, 20 SF 373, 20
SF 380, 20 SF 383, 20 SF 394, 20 SF
500, 20 SF 506, 20 SF 510, 20 SF 520,
20 SF 528, and from the funds or
subfunds to which are credited the
proceeds of any federal grants or
general obligation bonds which include the above improvement and
appropriated for this purpose, Request Nos. 113865 and 188480.
Section 3. That the title and Section 5 of Ordinance No. 2457-02,
passed March 10, 2003, are repealed.
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.
Referred to Directors of Public
Service, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Finance.
Ord. No. 709-09.
By Council Members Cleveland and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to

877

9
apply for and accept a grant from
the Ohio Department of Health for
the Federal Childhood Lead Poisoning Prevention Program; and to
enter into contract with the Ohio
Department of Health for performance
of
environmental
assessments of the residences of Medicaideligible children.
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 Health is authorized to apply
for and accept a grant in the
approximate amount of $300,000 and
any other funds that may become
available during the grant term,
from the Ohio Department of Health
to conduct the Federal Childhood
Lead
Poisoning
Prevention
Program; that the Director of Public
Health is authorized to file all
papers and execute all documents
necessary to receive the funds under
the grant; and that the funds are
appropriated for the purposes set
forth in the summary for the grant
contained
in
the
file
described
below.
Section 2. That the summary for
the grant, File No. 709-09-A, made a
part of this ordinance as if fully
rewritten, including the obligation
to devote program income from first
and third party billings in the approximate amount of $125,000, as
presented to the Finance Committee
of this Council at the public hearing
on this legislation, is approved in all
respects, and shall not be changed
without additional legislative authority.
Section 3. That the Director of
Public Health is authorized to enter
into contract with the Ohio Department of Health, under which the
City will perform environmental
assessments for lead hazards in residences occupied by Medicaid-eligible children during the grant term.
The contract shall provide that the
City will receive compensation for
performing the assessments in the
approximate amount of $75,000. The
Director of Finance is authorized to
receive and accept the compensation
on behalf of the City and the Director of Public Health is authorized to
sign the documents necessary to
enter into the contract.
Section 4. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 5. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and is appropriated for that
purpose.
Section 6. That the Director of
Public Health is authorized to charge
and accept fees from participants of
this program and to deposit those
fees into a revolving fund which
will be used to provide additional
services under the program described in the file, and the funds are
appropriated for that purpose.
Section 7. That the cost of the contract or contracts authorized by this

10
ordinance shall be paid from the
fund or funds which are credited the
grant proceeds, the first and third
party billings, and from the Medicaid reimbursements accepted under
this ordinance.
Section 8. 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
Health, Finance, Law; Committees
on Health and Human Services,
Finance.
Ord. No. 710-09.
By Council Members Cleveland
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
the Cuyahoga County Board of
Health for the Public Health Infrastructure 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 Health is authorized to apply
for and accept a grant in the
approximate amount of $211,507, and
any other funds as they become
available during the grant term,
from the Cuyahoga County Board of
Health to conduct the Public Health
Infrastructure Program; that the
Director of Public Health is authorized to file all papers and execute
all documents necessary to receive
the funds under the grant; and that
the funds are appropriated for the
purposes set forth in the administrative summary for the grant contained in the file described below.
Section 2. That the summary for
the grant, File No. 710-09-A, made a
part of this ordinance 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, is
approved in all respects.
Section 3. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 4. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
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.

The City Record
Referred to Directors of Public
Health, Finance, Law; Committees
on Health and Human Services,
Finance.
Ord. No. 711-09.
By Council Members Cleveland
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
the Center for Health Affairs for the
Assistant Secretary for Preparedness and Response 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 Health is authorized to apply
for and accept a grant in the
approximate amount of $40,000, and
any other funds as they become
available during the grant term,
from the Center for Health Affairs
for the Assistant Secretary for Preparedness and Response Program;
that the Director of Public Health is
authorized to file all papers and
execute all documents necessary to
receive the funds under the grant;
and that the funds are appropriated
for the purposes set forth in the
administrative
summary
for
the
grant contained in the file described
below.
Section 2. That the summary for
the grant, File No. 711-09-A, made a
part of this ordinance 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, is
approved in all respects.
Section 3. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 4. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
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
Health, Finance, Law; Committees
on Health and Human Services,
Finance.
Ord. No. 712-09.
By Council Members Cleveland
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
the Alcohol and Drug Addiction Services Board of Cuyahoga County for
the Mental Health and Substance
Abuse Prevention Program; and to

878

May 20, 2009
enter into an agreement with the
Board for the City to receive payments from the Medicaid 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 Health is authorized to apply
for and accept a grant in the
approximate amount of $354,100 and
any other funds that may become
available during the grant term,
from the Alcohol and Drug Addiction Services Board of Cuyahoga
County to conduct the Mental Health
and Substance Abuse Prevention
Program; that the Director of Public Health is authorized to file all
papers and execute all documents
necessary to receive the funds under
the grant; and that the funds are
appropriated for the purposes set
forth in the summary for the grant
contained
in
the
file
described
below.
Section 2. That the summary for
the grant, File No. 712-09-A, made a
part of this ordinance 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, is
approved in all respects.
Section 3. That the Director of
Public Health is authorized to enter
into an agreement with the Alcohol
and Drug Addiction Services Board
of Cuyahoga County for the City to
receive payments from the Medicaid
programs for alcohol and drug addiction services provided by the
City, in the estimated sum of
$110,000.
Section 4. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 5. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
Section 6. That the Director of
Public
Health
is
authorized
to
charge and accept fees from participants of this program, according to
the sliding fee scale placed in the
file, and to deposit those fees into a
revolving fund which will be used
to
provide
additional
materials
equipment, supplies, and services
under the program described in the
file, and the funds are appropriated
for that purpose.
Section 7. That the costs of the
contract or contracts authorized by
this ordinance shall be paid from
the fund or funds to which are credited the grant proceeds, Medicaid
payments accepted under this ordinance, and from the fund or funds
to which are credited any fees
received under this program.
Section 8. 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

May 20, 2009
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
Health, Finance, Law; Committees
on Health and Human Services,
Finance.
Ord. No. 713-09.
By Council Members Cleveland
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
The Sisters of Charity Foundation
and the Cleveland Foundation for the
Health Promotion through Health
Literacy 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 Health is authorized to apply
for and accept a grant in the
approximate amount of $30,000, and
any other funds that may become
available during the grant term
from The Sisters of Charity Foundation and the Cleveland Foundation to conduct the Health Promotion through Health Literacy Program; that the Director is authorized to file all papers and execute
all documents necessary to receive
the funds under the grant; and that
the funds are appropriated for the
purposes described in the summary
for the grant contained in the file
described below.
Section 2. That the summary for
the grant, File No. 713-09-A, made a
part of this ordinance as if fully rewritten, as presented to the Finance
Committee of this Council at the
public hearing on this legislation, is
approved in all respects and shall
not be changed without additional
legislative authority.
Section 3. That the Director of
Public Heath shall have the authority to extend the term of the grant
during the grant term.
Section 4. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
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
Health, Finance, Law; Committees
on Health and Human Services,
Finance.
Ord. No. 714-09.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
enter into a License Agreement with

The City Record
the United States Coast Guard to
allow the City the nonexclusive
right to use certain mooring space,
parking space, and indoor storage
space at the Coast Guard Station in
the Cleveland Harbor for law enforcement purposes, for a period up
to 15 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
Public Safety is authorized to enter
into a License Agreement with the
United States Coast Guard to allow
the City the nonexclusive right to
use certain mooring space, parking
space, and indoor storage space at
the Coast Guard Station in the
Cleveland Harbor for law enforcement purposes.
Section 2. That the term of the
license agreement shall be for 15
years and the consideration for the
license agreement includes $1.00.
Section 3. That the license agreement shall contain a provision that
the City agrees to reimburse the U.S.
Coast Guard for all utilities and services provided to the City in connection with this license. The City
shall also reimburse the U.S. Coast
Guard for any costs determined by
applicable laws, regulations and
directives.
Section 4. That the license agreement shall be prepared or approved
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.
Referred to Directors of Public
Safety, Finance, Law; Committees
on Public Safety, Finance.
Ord. No. 715-09.
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
Cuyahoga County for the Urban
Area Security Initiative Program;
authorizing one or more requirement
contracts for the purchase of materials, equipment, supplies, and services;
authorizing
one
or
more
agreements with Cuyahoga County,
Attevo, Inc., and Datamaxx Technologies, to implement the program;
and to employ one or more professional consultants to manage 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
approximate amount of $1,600,000,
and any other funds that become
available, from Cuyahoga County to

879

11
conduct the Urban Area Security Initiative (“UASI”) Program; that the
Director is authorized to file all
papers and execute all documents
necessary to receive the funds under
the grant; and that the funds are
appropriated for the purposes set
forth in the award letter for the
grant contained in the file described
below.
Section 2. That the award letter
for the grant, File No. 715-09-A, made
a part of this ordinance 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, is
approved in all respects.
Section 3. That the Director of
Public Safety 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 necessary items of materials,
equipment, supplies, and services
needed to implement the program as
described in the file. 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 shall determine. Alternate
bids for a period less than the grant
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 4. That the costs of the
contract or contracts authorized by
this ordinance 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.
Section 5. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements with other governmental entities. The Director of Public Safety
may sign all documents that are
necessary to make the purchases,
and may enter into one or more contracts with the vendors selected
through that cooperative process.
Section 6. That The Director of
Public Safety is authorized to enter
into one or more agreements with
Cuyahoga County, Attevo, Inc., and
Datamaxx Technologies, to implement the program as described in
the file.
Section 7. That the Director of
Public Safety 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 manage the program.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Public
Safety from a list of qualified consultants available for employment

12
as may be determined after a full
and complete canvass by the Director of Public Safety 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
Public Safety, and certified by the
Director of Finance.
Section 8. 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 9. That the cost of the contract or contracts shall be paid from
the fund or funds which are credited the grant proceeds accepted
under this ordinance.
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.
Referred to Directors of Public
Safety, Finance, Law; Committees
on Public Safety, Finance.
Ord. No. 716-09.
By Council Members Brancatelli
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Community Development to enter into one or more
contracts with various housing development entities, or their designees,
to implement the Housing Trust
Fund Program, for costs associated
with various housing activities.
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
Community Development is authorized to enter into one or more contracts with various housing development entities, or their designees,
for the purpose of implementing the
Housing Trust Fund Program.
Section 2. That eligible activities
under the Housing Trust Fund Program include new construction, rehabilitation, site preparation, site
acquisition, predevelopment activities and financial assistance to
home buyers.
Section 3. That the cost of the contracts shall not exceed $5,354,286,
and shall be paid from Fund Nos. 19
SF 600, 19 SF 620, 19 SF 630, 13 SF
929, 13 SF 955, 13 SF 980, 14 SF 030,
14 SF 032, and 14 SF 033, 14 SF 034,
14 SF 035 Request No. 178663.
Section 4. That the Director of
Community Development is authorized to accept monies in repayment
of loans authorized in this ordinance
and to deposit those monies in Fund
Nos. 14, and 19 and utilize said repayments and other program income
in a revolving fund for making additional expenditures under this program, and such funds are hereby
appropriated for that purpose.
Section 5. That the City is authorized to accept promissory notes,

The City Record
naming the City of Cleveland as
payee, and mortgages, naming the
City of Cleveland as mortgagee, and
any other security instrument executed to evidence and secure repayment of loans made under this program.
Section 6. That the Director of
Community Development is authorized to enter into forbearance
agreements with any recipient of a
validly existing loan administered
by the City, and to charge and accept fees to cover costs incurred in
the preparation of loan documents,
closing, and servicing costs. Such
fees shall be deposited into Fund
No. 14 and Fund 19. The revenues
generated as a result of charging
fees are hereby appropriated for
additional program and operating
expenses for Housing Trust Fund
activities.
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.
Referred to Directors of Community Development, Finance, Law;
Committees on Community and Economic Development, Finance.
Ord. No. 717-09.
By Council Members Brancatelli
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Community Development to enter into a contract
with the Northeast Ohio Coalition
for the Homeless to provide assistance to the City of Cleveland in
developing and implementing a coordinated approach to the delivery
of services for the homeless.
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
Community Development is authorized to enter into a contract with
the Northeast Ohio Coalition for the
Homeless to provide assistance to
the City of Cleveland in developing
and implementing a coordinated
approach to the delivery of services
for the homeless.
Section 2. That the costs of the
contract shall not exceed $52,000 and
shall be paid from Fund No. 14 SF
035, Request No. 178662.
Section 3. That the Director of
Law is authorized to prepare the
agreement and other documents that
may be appropriate to complete the
transaction.
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.

880

May 20, 2009
Referred to Directors of Community Development, Finance, Law;
Committees on Community and Economic Development, Finance.
Ord. No. 718-09.
By Council Members Brancatelli
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Community Development to enter into or amend
contracts with Cuyahoga County
and various social service agencies;
to enter into or amend a memorandum of understanding with the Department of Aging to implement the
Homeless Prevention and Rapid ReHousing Program; and to expend
funds for the operation of this program.
Whereas, the City of Cleveland has
received American Reinvestment &
Recovery Act (“ARRA”) funds from
the United States Government; and
Whereas, under the authority of
Ordinance No. 463-09, passed April
20, 2009, this Council authorized the
Director of Finance or the Director
responsible for the eligible improvements, projects, and programs to
apply for and accept these ARRA
funds from Federal, State, or other
public entities; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Community Development is authorized to enter into or amend contracts with Cuyahoga County and
various social service agencies and
to expend up to 5% of the grant
funds for administrative costs, to
implement activities and programs
under the Homeless Prevention and
Rapid Re-Housing Program.
Section 2. That the Director of
Community Development is authorized to enter into or amend a memorandum of understanding with the
Department of Aging to implement
activities and programs under the
Homeless Prevention and Rapid ReHousing Program.
Section 3. That the Director of
Aging is authorized to expend funds
for administrative costs in accordance with the terms of the memorandum of understanding.
Section 4. That the cost of the contracts, memorandum of understanding, and expenditures for the programs administered by the Department of Community Development and
Aging shall not exceed $9,801,913 and
shall be paid from the fund or funds
to which are credited the grant proceeds accepted under Ordinance No.
463-09, passed April 20, 2009, and are
appropriated for this purpose.
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 Community Development, Aging, Finance,
Law; Committees on Community and
Economic Development, Finance.

May 20, 2009
Ord. No. 719-09.
By Council Members Brancatelli
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Economic Development to apply for and accept a
grant from the Fund for Economic
Future for the EfficientGovNow Application Program; authorizing the
Director to employ one or more professional consultants to perform
environmental assessments which
may include remediation; and authorizing the Director to enter into an
agreement with Cuyahoga County
and the Cleveland-Cuyahoga County
Port Authority 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
Economic Development is authorized to apply for and accept a
grant in an amount up to $300,000,
from the fund for Economic Future
to conduct the EfficientGovNow Application Program; that the Director
is authorized to file all papers and
execute all documents necessary to
receive the funds under the grant;
and that the funds are appropriated
for the purposes described in the
summary for the grant contained in
the file described below.
Section 2. That the summary for
the grant, File No. 719-09-A, made a
part of this ordinance as if fully rewritten, as presented to the Finance
Committee of this Council at the
public hearing on this legislation, is
approved in all respects and shall
not be changed without additional
legislative authority.
Section 3. That the Director of
Economic Development 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 perform
environmental
assessments
which may include remediation.
The selection of the consultants
for the services shall be made by
the Director of Economic Development from a list of qualified consultants available for employment
as may be determined after a full
and complete canvass by the Director of Economic Development for the
purpose of compiling a list. The contract or contracts authorized shall
be prepared by the Director of Law,
approved by the Director of Economic Development, and certified by
the Director of Finance.
Section 4. That the Director of Economic Development is authorized to
enter into an agreement with Cuyahoga County and the ClevelandCuyahoga County Port Authority to
implement the program as described
in the file.
Section 5. That the costs of the
contract or contracts authorized by
this ordinance shall be paid from
the fund or funds to which are credited the grant proceeds accepted
under this ordinance.

The City Record
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.
Referred to Directors of Economic
Development, Finance, Law; Committees on Community and Economic Development, Finance.
Ord. No. 720-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Utilities
to enter into one or more contracts
with Sourcelink, Ohio LLC to provide various services necessary to
implement the Customer Care and
Billing System, for the Division of
Water, Department of Public Utilities, for a period of two years, with
three one-year options to renew,
exercisable by the Director 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
enter into one or more contracts
with Sourcelink, Ohio LLC to provide various services necessary to
implement the Customer Care and
Billing System, for the Division of
Water, Department of Public Utilities, for a period of two years, with
three one-year options to renew,
exercisable by the Director of Public Utilities, in the total sum of
$1,500,000, for the Division of Water,
Department of Public Utilities. The
contract or contracts shall be paid
from Fund No. 52 SF 001, Request
No. 189946.
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
Utilities, Finance, Law; Committees
on Public Utilities, Finance.
Ord. No. 721-09.
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
Cuyahoga County for the 2007 Law
Enforcement Terrorism Protection
Program; and authorizing the Director to enter into one or more contracts with Fingerprint, USA.
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:

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13
Section 1. That the Director of
Public Safety is authorized to apply
for and accept a grant in the
approximate amount of $50,000, and
any other funds that may become
available during the grant term,
from Cuyahoga County to conduct
the 2007 Law Enforcement Terrorism Protection (“LETPP”) Program;
that the Director is authorized to
file all papers and execute all documents necessary to receive the
funds under the grant; and that the
funds are appropriated for the purposes described in the grant agreement and award letter for the grant
contained
in
the
file
described
below.
Section 2. That the grant agreement and award letter for the
grant, File No. 721-09-A, made a part
of this ordinance as if fully rewritten, as presented to the Finance
Committee of this Council at the
public hearing on this legislation, is
approved in all respects and shall
not be changed without additional
legislative authority.
Section 3. 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 4. That the Director of
Public Safety is authorized to enter
into one or more contracts with Fingerprint, USA to implement the
grant as described in the file.
Section 5. That the contract or
contracts shall be paid from the
fund or funds to which are credited
the grants proceeds accepted in 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.
Referred to Directors of Public
Safety, Finance, Law; Committees
on Public Safety, Finance.
Ord. No. 722-09.
By Council Members Cleveland
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
enter into one or more contracts
with various agencies or entities to
provide AIDS-related services, in
conjunction with the HOPWA Grant;
and authorizing the employment of
one or more professional consultants
to provide evaluation services.
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 Health is authorized to enter
into one or more contracts with various agencies or entities to provide
AIDS-related services in conjunction
with the Housing Opportunities for
People With AIDS (HOPWA) Grant
Program, under File No. 722-09-A,

14
and in addition, the sum of not more
than $26,000.00 is appropriated to the
Department of Public Health for
administrative costs of implementing the HOPWA program.
Section 2. That the Director of
Public Health 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 evaluation services.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Public
Health from a list of qualified consultants available for employment
as may be determined after a full
and complete canvass by the Director of Public Health 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
Public Health and certified by the
Director of Finance.
Section 3. That any agency or
entity that receives funds under this
ordinance shall be required to comply with the evaluation services provided by the consultant.
Section 4. That the Directors of
Public Health and the Director of
Community Development are authorized to enter into a memorandum
of understanding for this program
under the terms authorized by this
legislation.
Section 5. That the costs of the
contract
or
contracts
authorized
above are appropriated for costs of
the Department of Public Health
incurred from Fund 19 following the
appropriate federal regulations and
shall not exceed $895,337 and shall
be paid from Fund No. 19 SF 632,
Request No. 181685.
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.
Referred to Directors of Public
Health, Finance, Law; Committees
on Health and Human Services,
Finance.
Ord. No. 723-09.
By Council Members Cleveland
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
enter into contracts with various
agencies or entities to provide AIDSrelated services; authorizing the
employment of one or more professional consultants to provide evaluation services; and authorizing the
Director to enter into one or more
contracts with various agencies,
entities, or individuals to implement
the grant.
Whereas, this ordinance constitutes an emergency measure provid-

The City Record
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 the Director of
Public Health is authorized to enter
into one or more contracts with various agencies or entities to provide
HIV/AIDS prevention education activities, under File No. 723-09-A and in
addition, the sum of not more than
$120,000
is
appropriated
to
the
Department of Public Health for
administrative costs of implementing the contracts authorized by this
ordinance.
Section 2. That the Director of
Public Health 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 evaluation services.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Public
Health from a list of qualified consultants available for employment
as may be determined after a full
and complete canvass by the Director of Public Health 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
Public Health and certified by the
Director of Finance.
Section 3. That the Director of
Public Health is authorized to enter
into one or more contracts with
agencies, entities, or individuals to
implement the grant as described in
the file.
Section 4. That any agency or
entity that receives funds under this
ordinance shall be required to comply with the evaluation services provided by the consultant.
Section 5. That the Directors of
Public Health and Community Development are authorized to enter
into a memorandum of understanding for this program in accordance
with the terms authorized by this
legislation.
Section 6. That the cost of the contract or contracts authorized are
appropriated for costs of the Department of Public Health incurred
from Fund 19 following the appropriate federal regulations and shall
not exceed $457,000 and shall be
paid from Fund No. 14 SF 035, Request No. 181686.
Section 7. 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
Health, Finance, Law; Committees
on Health and Human Services,
Finance.

882

May 20, 2009
Ord. No. 724-09.
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 United States Department of
Homeland Security for the 2008
Assistance to Firefighters Grant Prevention.
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 $126,314, from United
States
Department
of
Homeland
Security to conduct the 2008 Assistance to Firefighters Grant — Prevention; 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 the funds are
appropriated for the purposes set
forth in the application for the
grant contained in the file described
below.
Section 2. That the application for
the grant, File No. 724-09-A, made a
part of this ordinance as if fully
rewritten, including the obligation
of the City of Cleveland to provide
$25,263 cash matching funds from
Fund No. 01-600301-639905, 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, is approved in all
respects.
Section 3. 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 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.
Referred to Directors of Public
Safety, Finance, Law; Committees
on Public Safety, Finance.
Ord. No. 725-09.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
employ one or more professional
consultants, software developers, or
vendors to implement a records management system, including but not
limited to, acquiring hardware and
software, software updates, project
management, and other related services, for a period of one year; and
various written standard purchase
and requirement contracts needed in
connection with implementing the
system, for a period of one year.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of

May 20, 2009
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 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
records management system, including but not limited to, acquiring
hardware and software, software
updates, project management, and
other related services, for a period
of one year.
Section 2. The selection of the consultants, computer software developers, or vendors for the services
shall be made by the Board of Control on the nomination of the Director of Public Safety from a list of
qualified consultants available for
employment as may be determined
after a full and complete canvass by
the Director of Public Safety 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 Public Safety, and certified by the Director of Finance.
Section 3. That the Director of
Public Safety is authorized to make
one or more written standard purchase contracts and written requirement contracts under the Charter
and the Codified Ordinances of
Cleveland, Ohio, 1976, the period of
one year, for the necessary items of
materials, equipment, supplies, and
services necessary to implement the
records management system project,
including labor and materials if necessary for installation, and any
hardware,
software,
or
software
upgrades not obtained under the
professional services contract authorized in Section 1, to be purchased
by the Commissioner of Purchases
and Supplies on a unit basis for the
Division of Police, Department of
Public Safety. 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.
Section 4. That the costs of the
requirement 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.
Section 5. That under Section
108(b) of the Charter, the purchases authorized by this ordinance
may be made through cooperative
agreements with other governmental agencies. The Director of Public Safety may sign all documents
that are necessary to make the purchases, and may enter into one or
more contracts with the vendors
selected through that cooperative
process.

The City Record
Section 6. That the Director of
Public Safety is authorized to enter
into any third-party software license
agreements necessary to effectuate
the Improvement.
Section 7. That the cost of the contract or contracts authorized shall
be paid from Fund No. 10 SF 524,
Request No. 188253.
Section 8. 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. 726-09.
By Council Member Cummins.
An emergency ordinance designating Saint Barbara Church, Rectory, and Convent as a Cleveland
Landmark.
Whereas, under Chapter 161 of the
Codified Ordinances of Cleveland,
Ohio, 1976, the Cleveland Landmarks
Commission (the “Commission”), has
proposed to designate Saint Barbara
Church, Rectory, and Convent as a
landmark; and
Whereas, a public hearing under
division (b)(2) of Section 161.04 was
held on February 12, 2009 to discuss
the proposed designation of Saint
Barbara Church, Rectory, and Convent as a landmark; and
WHEREAS, the Commission has
recommended designation of Saint
Barbara Church, Rectory, and Convent as a landmark and has set
forth certain findings of fact constituting the basis for its decision;
and
Whereas, this ordinance constitutes an emergency measure providing for the immediate preservation of the public peace, property,
health, and safety in that the
immediate protection of the historic landmark is necessary to safeguard the special historical, community, or aesthetic interest or
value in the landmark; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That Saint Barbara
Church, Rectory, and Convent, whose
street addresses in the City of Cleveland are 1501-09 Denison Avenue,
S.W., and 3855 West 16th Street;
Cuyahoga County Auditor’s Permanent Parcel Numbers are 009-05-001,
009-05-064, 009-05-065, 009-05-066, also
known as the following described
property:
Beginning on the Southerly line of
Denison Avenue, S.W. (50 ft. wide),
at its intersection with the Westerly line of West 15th Street (width
varies); thence Southerly, Southwesterly, and Southeasterly along
the Westerly line of said West 15th
Street to a point, said point being 10
feet Northerly by rectangular measurement from the Southerly line of
Sublot number 26 in the Petty and
Baldwin Subdivision as shown in
the recorded plat in Volume 10 Page
24 of Cuyahoga County map records;
thence Westerly and parallel with
the Southerly line of Sublot number
26 in said Petty and Baldwin Sub-

883

15
division to the Westerly line of said
Sublot number 26; thence Northerly
along the Westerly line of Sublots
number 26 and 27 to the Southerly
line of Sublot number 13 in the
aforesaid Petty and Baldwin Subdivision; thence Westerly along the
Southerly line of said Sublot number
13 to the Easterly line of West 16th
Street (50 ft. wide); thence Northerly along the Easterly line of said
West 16th Street to the Southerly
line of Denison Avenue as aforesaid;
thence Easterly along the Southerly
line of said Denison Avenue to the
place of beginning,
Legal Description approved by
Greg Esber, Section Chief, Plats,
Surveys and House Numbering Section
which in its entirety is a property
having special character or special
historical or aesthetic value as part
of the development, heritage, or cultural characteristics of the City,
State, or the United States, is designated a landmark under Chapter 161
of the Codified Ordinances of Cleveland, Ohio, 1976.
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 City Planning Commission, Law; Committee
on City Planning.
Ord. No. 728-09.
By Council Member Brancatelli.
An emergency ordinance to amend
Section 345.04 of the Codified Ordinances of Cleveland, Ohio, 1976, as
amended by Ordinance No. 1891-07,
passed December 10, 2007, relating
to general industry districts.
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 Section 345.04 of
the Codified Ordinances of Cleveland, Ohio, 1976, as amended by
Ordinance No. 1891-07, passed December 10, 2007, is amended to read as
follows:
Section 345.04
General Industry
Districts
(a) Permitted Building and Uses.
Within any General Industry District the following buildings or uses
are permitted; no building or premises
shall
hereafter
be
erected,
altered, used, arranged or designed
to be used, in whole or in part for
other than one or more of the following specified uses:
(1) All buildings and uses permitted in a Semi-Industry District
without the restrictions contained in
Section 345.03 applying to such
buildings or uses except that:
A. Loading or unloading platforms
of motor freight depots or trucking
terminals shall not be less than fifty
feet from the street line unless such
platforms are so located that freight
handling vehicles will not stand or
maneuver in the space between the
platform and the street line.

16
B. Dusty material storage and
handling shall be subject to the limitations and restrictions of Section
347.05.
C. All buildings and uses shall
conform to other applicable regulations of this Zoning Code and other
applicable statutes, ordinances, rules
or regulations.
(2) Any industrial, manufacturing,
commercial or other nonresidential
use, except the uses hereinafter listed as prohibited uses in a General
Industry District.
(3) The open yard storage of secondhand lumber or other used building material, junk, paper, rags,
unrepaired or uncleaned containers
or other salvaged articles provided
the lot upon which the storage use
occurs is located no closer than 500
feet to a residence district, and such
uses are enclosed within a minimum
seven-foot high solid masonry wall
or solid, nontransparent, well-maintained substantial fence not closer
to the street line than the setback
building line. Such wall or fence
may have one opening not more
than twenty feet in width for street
access, and may have two such
openings if the wall or fence along
the street is more than 200 feet in
length.
(4) The operation of wrecking or
dismantling of motor vehicles, or
the storage of motor vehicles, pending wrecking or dismantling, in
areas with a minimum area of 50,000
square feet providing such premises
is enclosed within a minimum sevenfoot high solid masonry wall or
slightly solid, nontransparent, wellmaintained substantial fence. Such
wall or fence may have one opening
not more than twenty feet in width
for street access and may have two
such openings if the wall or fence
along the street is more than 200
feet in length. All walls or fences
referred to in this chapter shall be
neatly constructed, kept in good
order and repair; no printing, lettering or advertisement shall be made
part of or attached thereto or painted on the outside of the wall or
fence, except that a sign located at
the entrance to the yard may be provided to identify the yard.
(5) The sale or storage for sale of
liquefied petroleum gases and acetylene and other compressed or liquefied gases of a highly flammable
nature.
(6) Buildings and structures in
Use Group I-3 in the Ohio Building
Code but only at the State of Ohio
Pre-Release
Center
located
on
Orange Avenue and the Community
Based Correctional Facility (CBCF)
and/or Minimum Security Misdemeanant Jail (MSMJ) located on
Croton Avenue, N.E.
(b) Accessory Uses by Special
Permit. The following uses are prohibited as the main or primary use
of the premises; they are permitted
only as uses accessory or incidental
to a permitted use and only if
approved by the Board of Zoning
Appeals through a Special Permit
granted in accordance with the standards of division (c) of this section;
(1) Asphalt or tar manufacturing
or refining.
(2) Blast furnaces, ore smelting or
reduction, metal refining or smelting.
(3) Carbon, coke or lampblack
manufacture.
(4) Coal gas manufacture.

The City Record
(5) Cremation within 300 feet of a
Residence District.
(6) Creosote manufacture or treatment.
(7) Dextrine, glucose or starch
manufacture.
(8) Disinfectant or insecticide
manufacture which emits offensive
odors.
(9) Dye stuffs manufacture.
(10) Manufacture of steel by the
Bessemer process.
(11) Match manufacture.
(12) Oil cloth or linoleum manufacture.
(13) Paper and pulp manufacturing by sulphite processes emitting
noxious gases or odors.
(14) Production or refining of
petroleum or other flammable liquids.
(15) Rock crushing.
(16) Rubber manufacture by reclaiming processes.
(17) Stock feed manufacture from
refuse.
(18) Tanning, curing or storing of
raw hides or skins.
(19) Wool pulling or scouring.
(20) Hair processing.
(21) Any other trade, industry or
use that will be no more injurious,
hazardous,
noxious
or
offensive
than the enterprises listed in division (b) of this section.
(c) Special Permits. In evaluating
applications for Special Permits required by division (b) of this section,
the Board of Zoning Appeals shall
act to ensure that the proposed use
or development does not adversely
impact other properties and the uses
located on those properties.
(1) Criteria for Special Permits. In
its evaluation of potentially adverse
impacts, the Board shall consider,
among others, the following factors:
A. the degree to which dust,
smoke, cinders, heat, flares, odor,
fumes, gases, radioactive materials,
glare, noise, vibration and other
potentially harmful emissions or
externalities are effectively confined to the premises of the proposed use;
B. the nature and proximity of
nearby uses with respect to their
vulnerability to the off-site impacts
of the proposed use;
C. the extent to which impacts of
the proposed use are comparable to
the
impacts
typically
associated
with uses permitted in the General
Industry District without the requirement for issuance of a Special
Permit;
D. hours of operation of the proposed use;
E. hazards associated with combustible, flammable or explosive
materials on the property of the proposed use;
F. the potential for adverse impacts to streams, rivers and lakes;
and
G. potentially mitigating effects
of landscaping, buffering, or topographical features.
(2) Applications for Special Permits. The applicant for a Special
Permit in the General Industry District shall submit to the Board of
Zoning
Appeals
an
application
demonstrating that the proposed use
will not adversely impact other
properties, specifically with respect
to the factors listed in this division.
In evaluating the application, the
Board may solicit comments from
City officials or others with appropriate technical expertise.

884

May 20, 2009
(d) Buildings and Uses Prohibited.
(1) In a General Industry District
no building or premises shall hereafter be erected, altered or arranged
for human habitation other than at
the State of Ohio Pre-Release Center
located on Orange Avenue, and the
Community
Based
Correctional
Facility (CBCF) and/or Minimum
Security Misdemeanant Jail (MSMJ)
located on Croton Avenue, N.E., provided that these facilities are subject to review by the City Planning
Commission and further, except that
the Board of Zoning Appeals may
grant special permission for temporary dwellings or for permanent
dwellings for a limited number of
personnel required to reside on the
premises of a permitted use for the
safe and proper operation of that
use.
(2) In a General Industry District
no building or premises shall hereafter
be
erected,
altered,
used,
arranged or designed to be used, in
whole or in part, for any of the following uses:
A. Acid manufacture, including
hydrochloric acid, nitric acid, picric
acid, sulphuric acid, and sulphurous
acid.
B. Ammonia, bleaching powder,
soda, soda compound, potash or chlorine manufacturing or refining.
C. Bronze powder or other metallic powder manufacture.
D. Cement, gypsum, lime, or plaster of Paris manufacture.
E. Distillation of bones, coal or
wood, or manufacture of any of the
by-products of such distillation.
F. Fat, grease, lard or tallow manufacturing, rendering or refining.
G. Fertilizer manufacture from
phosphates or organic matter.
H. Gelatine, glue or size manufacture.
I. Incineration or reduction of
dead animals, garbage, offal or
refuse, except in a private incinerator constructed and operated as
required by Section 337.23.
J. Manufacture of incendiary devices, pyrotechnical devices, fireworks, and other explosives, or the
storage thereof.
K. Mineral insulation manufacture.
L. Rayon manufacture.
M. Slaughtering of animals, except poultry.
N. Stockyards.
O. Any other trade, industry or use
that will be injurious, hazardous,
noxious, or offensive to an extent
equal to or greater than any one of
the enterprises enumerated in division (c)(2) of this section.
Section 2. That Section 345.04 of
the Codified Ordinances of Cleveland, Ohio, 1976, as amended by
Ordinance No. 1891-07, passed December 10, 2007, is 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 Public
Service, City Planning Commission
Finance, Law; Committees on Public
Service, City Planning, Legislation,
Finance.

May 20, 2009
Ord. No. 729-09.
By Council Member Brady.
An emergency ordinance to amend
Section 343.01, 343.11 and 343.14 of
the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances; to repeal various
sections in Chapters 325 and 343 of
the Codified Ordinances; and to
enact new sections in Chapter 325 of
the Codified Ordinances relating to
business districts and zoning definitions regarding auto repair and
related businesses.
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 following sections of the Codified Ordinances of
Cleveland, Ohio, 1976:
Section 343.01, as amended by
Ordinance No. 1283-06, passed November 20, 2006,
Section 343.11, as amended by
Ordinance No. 1900-06, passed June
4, 2007, and
Section 343.14, as amended by
Ordinance No. 823-A-70, passed June
29, 1970,
are amended to read as follows:
Section 343.01 Local Retail Business District
(a) “Local Retail District” means
a business district in which such
uses are permitted as are normally
required for the daily local retail
business needs of the residents of
the locality only.
(b) Permitted Buildings and Uses.
The following buildings and uses
are permitted in a Local Retail Business District; and no buildings or
premises shall hereafter be erected,
altered, used, arranged or designed
to be used, in whole or in part for
other than one or more of the following specified uses:
(1) Except as otherwise provided
in this Zoning Code, all uses permitted in the Multi-Family District
and as regulated in that district,
except
that
“kindergartens,
day
nurseries and children’s boarding
homes” shall be permitted without
the requirement for a specified setback from an adjoining premises in
a Residence District not used for a
similar purpose.
(2) Retail business for local or
neighborhood needs to the following
limited extent:
A. The sale of baked goods, confectionery, dairy products, delicatessen, fruits, vegetables, groceries,
meats.
B. The sale of dry goods and variety merchandise, excluding department stores.
C. The sale of men’s and boy’s furnishings,
shoes,
hats,
women’s
ready-to-wear, furs, millinery, apparel, accessories.
D. The sale of china, floor covering,
hardware,
household
appliances,
radios,
paint,
wallpaper,
materials and objects for interior
decorating.
E. The sale of books, magazines
and newspapers, including adult
book stores subject to Section 347.07,
cigars, drugs, flowers, gifts, music,
photographic goods, sporting goods,
stationery.

The City Record
F. Eating places, lunch rooms,
restaurants, cafeterias and places
for the sale and consumption of soft
drinks, juices, ice cream and beverages, but excluding buildings which
provide entertainment or dancing
and buildings in which beer and
intoxicating liquor are sold for consumption on the premises, provided
such building for the sale of beer or
intoxicating liquor is within 500 feet
of the boundary of a parcel of real
estate having situated thereon a
school, church, library, nonprofit
recreational or community center
building or public playground.
G. Service establishments: barber
or beauty shops, custom tailors,
laundry agencies, self-service laundries, hand laundries, shoe repair,
ice stations and dry cleaning, pressing or tailoring shops in which not
more than five persons are engaged
in such work or business at any one
time, and in which only nonexplosive and nonflammable solvents are
used and no work is done on the
premises for retail outlets elsewhere
and pet shops, provided noise and
odors are effectively confined to the
premises. As used in this division
(b)(2)G.,
“pet
shops”
does
not
include businesses which board dogs
and cats overnight or any pet hospital.
(3) Business offices: banks, real
estate, insurance and other similar
offices, and the offices of the architectural, clerical, engineering, legal,
dental, medical or other established
recognized professional, but excluding morticians, undertakers and
funeral directors, in which only such
personnel are employed as are customarily required for the practice of
such business or profession.
(4) Automotive services: public
parking garages and parking lots.
(5) Charitable institutions not for
correctional purposes.
(6) Signs: permitted in accordance
with the requirements of Chapter
350.
(7) Other main uses: any other
neighborhood store, shop or service
similar to the uses listed in this
division in type of goods or services
sold, in business hours, in the number of persons or cars to be attracted to the premises and in effect
upon the adjoining Residence Districts.
(8) Accessory uses, only to the
extent necessary normally accessory
to the limited types of neighborhood
service use permitted under this
division.
Section 343.11
General Retail
Business Districts
(a)
“General
retail
business”
means an enterprise for profit for
the convenience and service of, and
dealing directly with, and accessible
to, the ultimate consumer; neither
injurious to adjacent premises or to
the occupants thereof by reason of
the emission of cinders, dust, fumes,
noise, odors, refuse matter, smoke,
vapor or vibrations; nor dangerous
to life or property. It includes buildings or spaces necessary to a permitted use for making or storing
articles to be sold at retail on the
premises. Except as provided in
division (b) of this section, it does
not include any establishment which
supplies a retail outlet other than
that on the premises, or any building or use specifically mentioned as

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17
permitted only in a Semi-Industry or
Industry District.
(b) Permitted Buildings and Uses.
The following buildings and uses
are permitted in a General Retail
Business District; and no buildings
or premises shall hereafter be erected,
altered,
used,
arranged
or
designed to be used, in whole or in
part for other than one or more of
the following specified uses:
(1) Except as otherwise provided
in this Zoning Code, all uses permitted and as regulated in any
Local Retail Business District.
(2) All retail business uses and
buildings specified in division (b) of
Section 343.01, and uses and buildings to provide for:
A. The sale of food and beverages
of all kinds, including sale for consumption on the premises;
B. The sale of general merchandise, including sale in department
stores;
C. The sale of apparel of all
kinds;
D. The sale of furniture and
household goods, including furniture
and accessory furniture storage;
E. The sale of other goods or merchandise;
F. Eating places of all types;
G. Service establishments: service
establishments permitted in a Local
Retail Business District without limitation on the number of persons
engaged in such work or business;
mortuary or undertaking establishment; printing shop, provided not
more than five persons are engaged
in such work or business; research
laboratory, radio or television station,
telephone exchange or transformer
station, provided all buildings and
structures except fences and barriers
are located not less than fifteen feet
from a Residence District; hospital,
sanitarium, convalescent home, rest
home, nursing home, orphanage or
home for the infirm or aged, provided that all main buildings are not
less than fifteen feet from any
adjoining premises in a Residence
District not used for a similar purpose; cat and dog hospital or pet
shop, provided noise and odors are
effectively confined to the premises.
H. Business offices and services:
in addition to the uses permitted in
Local Retail Districts, office buildings, banks, business colleges, private trade schools.
I. Automotive services: in addition
to the uses permitted in Local Retail
Districts:
1. Motor vehicle service station, as
defined in Section 325.486, and meeting the provisions of Section 343.14.
2. Car wash, as defined in Section
325.111, and meeting the provisions
of Section 343.14.
3. Motor vehicle service garage, as
defined in Section 325.487, and meeting the provisions of Section 343.14.
4. Motor vehicle sales facility, as
defined in Section 325.485, except for
vehicles exceeding 6,000 pounds of
gross vehicle weight.
J. House trailer or travel trailer
park, as defined in Section 3733.01
of the Revised Code, when approved
by the Board of Zoning Appeals
after public hearing, and when used
and maintained in conformity with
any conditions specified in such
approval.
K. Signs: signs permitted in accordance with the requirements of
Chapter 350.

18
L.
Amusement
and
recreation:
armory,
assembly
hall,
bowling
alley, dance hall, video and pinball
arcade, pool and billiards theater,
skating rink or other social, sport or
recreational center operated as a
business, all such uses subject to
the regulations of Section 347.12 and
adult entertainment uses, subject to
Section 347.07, provided that the
place or building in which any such
amusement or recreation use is
operated is sufficiently sound-insulated to confine the noise to the
premises.
M. Transportation services: railroad station; public service station;
bus passenger station; bus terminal,
provided the roadway of the street
upon which the bus entrance or exit
is located is at least forty-four feet
wide between curbs.
N. Office, display or sales space of
a wholesale, jobbing or distributing
establishment and specifically mentioned as permitted only in a less
restricted
district,
in
connection
with which not more than twentyfive percent of the floor area of the
building or part of the building
occupied by the establishment is
used for making, assembling, remodeling, repairing, altering, finishing
or refinishing its products or merchandise and provided that:
1. Any resulting cinders, dust,
fumes, noise, odors, refuse matter,
smoke, vapor or vibration is effectively confined to the premises.
2. The ground floor premises facing upon and visible from a major
street upon which the premises abut
shall be used only for entrances,
offices or display.
3. Adequate off-street loading and
unloading facilities are provided
and so designed that any standing
vehicles using them shall be within
the property lines and be either not
visible from streets within Retail
Business, Local Retail Business or
Residence District, or not nearer
than fifty feet to such streets.
O. Retail poultry business: either
as a main use or as an accessory
use,
including
the
storing
and
killing of poultry or game to be sold
entirely at retail upon the premises
and directly to the ultimate consumer, provided that the enterprise
is conducted in strict compliance
with all applicable statutes, laws,
rules
and
regulations,
including
those requiring rat-proofing, and
that adjacent premises or the occupants thereof are not injured by reason of the emission of dust, odor,
smoke or noise or the accumulation
of refuse or offal, and provided further that the buildings in which the
killing, storing and selling are done
are either detached masonry structures or part of a masonry building
used entirely for the handling of
poultry and/or game.
1. A detached masonry structure
used for slaughtering or for storing
of live poultry shall have not less
than 100 square feet of floor area
and shall be located at least ten feet
from any other building or part
thereof on the same lot which is
used for human habitation, or as a
place where other food is prepared,
placed, kept or sold.
2. Where the slaughtering room is
part of a masonry building used
entirely for the handling of poultry

The City Record
and/or
game,
such
slaughtering
room shall be separated from the
sales or storage room by a solid
masonry wall in which there may be
only one opening not greater than
four square feet in size, located not
less than four feet above the floors
of both rooms, equipped with either
a self-closing window or self-closing
door. Such slaughtering room shall
be entered only from outside the
building.
3. In either case, such slaughtering room shall be used only for
killing, flicking and dressing and
shall be not less than twenty-five
feet from the boundary of the
premises upon which it is located.
All offal and refuse must be kept in
covered
containers
within
such
slaughtering room until removed
from the premises.
Such slaughtering room and every
building, room or space used for
storage or sale of poultry or game
in connection therewith shall be not
less than 300 feet from any Residence District, church, school, playground, library or building of Institutional H Occupancy classification.
P. Tattooing and body piercing.
As used in this division:
1. “Body Piercing” means the
piercing of any part of the body by
someone other than a physician
licensed under Chapter 4731 of the
Revised Code, who utilizes a needle
or other instrument for the purpose
of inserting an object into the body
for
non-medical
purposes;
body
piercing includes ear piercing except when the ear piercing procedure is performed on the ear with
an ear piercing gun.
2. “Tattoo” means any method utilizing needles or other instruments
by someone other than a physician
licensed under Chapter 4731 of the
Revised Code, to permanently place
designs,
letters,
scrolls,
figures,
symbols or any other marks upon or
under the skin of a person with ink
or any other substance resulting in
an alteration of the appearance of
the skin.
Q. Kennels, either as a main use
or an accessory use, provided that
all odors, fumes, and noise be confined to the premises and the lot
upon which the kennel is located is
greater than one hundred (100) feet
from a residence district.
1. Notwithstanding division (d)(3)
of Section 329.03, the Board, on
application for a use variance, may
permit a Kennel in any use district.
2. The limitations stated in divisions (b) and (c) of Section 329.03
shall
not
apply
when
deciding
whether to issue a use variance for
a Kennel, the Board shall evaluate
the
applicant
Kennel’s
probable
impact on the overall tranquility of
the surrounding properties by considering all odors, noises, and fumes
that will emanate from the lot on
which the applicant Kennel is located.
R. Any other building, use or service similar to the uses herein listed in the type of services or goods
sold, in the number of persons or
cars to be attracted to the premises
or in the effect upon adjacent areas
in more restricted use districts.
S. Any accessory use customarily
incident to a use authorized by this
section, except that no use specified

886

May 20, 2009
in divisions (b) and (c) of Section
345.04 as prohibited or permitted
only by special permit in a General
Industry District shall be permitted
as an accessory use.
(3) Hotels.
(4) Motels.
(5) Charitable institutions, including correctional halfway houses, as
regulated in Section 347.15; and
notwithstanding any Section of the
Codified Ordinances of Cleveland,
Ohio, 1976, to the contrary, the Cuyahoga County Youth Intervention
Center, providing temporary detention and shelter for juveniles, to be
located at East 93rd Street, and
Quincy Avenue.
Section 343.14 Motor Vehicle Service Stations and Service Garages
and Car Washes
Motor vehicle service stations,
motor vehicle service garages and
car
washes
located
in
General
Retail Business Districts shall be
established and maintained in accordance with the following provisions. These regulations shall also
be considered by the Board of Zoning Appeals in hearing zoning variance applications for alterations to
such uses or variances to establishment of such uses as nonconforming
uses in other Business Districts.
(a) Location With Respect to Zoning Districts. No motor vehicle service station, motor vehicle service
garage or car wash shall be located
on a parcel that is within one hundred (100) feet of a Residence District unless the following conditions
are met:
(1) a solid board-on-board wood
fence or brick or stone wall at least
six (6) feet in height is placed
along any property line abutting a
Residence District, in addition to
any otherwise required landscaping;
(2) no motor vehicle repair activity occurs within ten (10) feet of a
Residence District;
(3) no service bay or garage door
is oriented toward a Residence District.
(b) Location With Respect to
Streets. No service station shall be
located on a “mid-block” property
except if located on a street with a
right-of-way that is at least eighty
(80) feet wide. A “mid-block” property is any property other than a
corner property, which is a property located at the intersection of two
streets.
(c) Hours of Operation. No motor
vehicle repairs shall be performed
before 7 a.m. or after 9 p.m.
(d) Number and Orientation of
Service Bays. A motor vehicle service garage or service station shall
include no more than four (4) service bays. For corner properties,
such service bays shall be oriented
to a street characterized by commercial or industrial uses as opposed to residential or local retail
uses, if one or more of the abutting
streets can be so characterized. The
Department of Building and Housing may consult the City Planning
Commission in making such determinations.
(e) Outdoor Storage of Materials.
All tires, barrels, discarded auto
parts, and other outdoor storage of
materials used or sold on the
premises must be screened from

May 20, 2009
view from adjacent properties and
streets by a “screen barrier” as
required in Section 352.10.
(f) Outdoor Storage of Vehicles.
No commercial tractor, trailer or
semi-trailer, except trailers designed
to be pulled by passenger automobiles, may be parked on the premises of a motor vehicle service station
or service garage for more than four
(4) hours within any twenty-four
(24) hour period, except in case of
emergency. Not more than four (4)
customer vehicles may be stored
overnight in an outdoor location on
the premises of a motor vehicle service station or service garage. A
vehicle that is not in working order
shall not be stored on such premises for more than forty-eight (48)
hours.
(g) Location of Fuel Pumps. Fuel
pumps at motor vehicle service stations may be located in a required
yard but shall be set back at least
fifteen (15) feet from any street
right-of-way line and any property
line.
Section 2. That the following
existing sections of the Codified
Ordinances of Cleveland, Ohio, 1976:
Sections
325.07,
325.08,
325.27,
325.28, 325.29, 325.30, and 325.31, as
enacted by Ordinance No. 1105-57,
passed April 14, 1958,
Section 325.60, as amended by
Ordinance No. 130-69, passed September 22, 1969,
Section 343.01, as amended by Ordinance No. 1283-06, passed November
20, 2006,
Section 343.11, as amended by
Ordinance No. 1900-06, passed June
4, 2007,
Section 343.14, as amended by
Ordinance No. 823-A-70, passed June
29, 1970,
Section 343.15, as amended by
Ordinance No. 2077-A-89, passed June
17, 1991,
Section 343.16, as amended by
Ordinance No. 823-A-70, passed June
29, 1970,
Section 343.17, as amended by
Ordinance No. 1538-86, passed May
18, 1987,
Section 343.19, as amended by
Ordinance
No.
2204-A-48,
passed
December 19, 1949
Section 343.20, as amended by
Ordinance No. 1055-58, passed June
23, 1958; and
Section 343.21, as amended by
Ordinance No. 130-69, passed September 22, 1969,
are repealed.
Section 3. That the Codified Ordinances of Cleveland, Ohio, 1976, are
supplemented by enacting new
Sections
325.111,
325.482,
325.483,
325.484,
325.485,
325.486,
325.487,
325.488, 325.534, 325.535, and 325.536
to read as follows:
Section 325.111 Car Wash
“Car wash” means a building or
other structure or premises, or part
thereof, used for the washing of
automobiles and other motor vehicles with a gross vehicle weight of
no more than 5,000 pounds.
Section 325.482 Motor Vehicle Maintenance
“Motor vehicle maintenance” means
routine
maintenance
services
to
motor vehicles of a gross vehicle
weight
of
no
more
than
5,000

The City Record
pounds, limited to such activities as
the following:
(a) car washing and vacuuming,
(b) addition of fluids,
(c) wiper blade replacement,
(d) flat tire repair and replacement,
(e) electrical charging, and
(f) similar activities that produce
minimal noise, vibration or fumes
and that exclude activities listed
only under the definitions of “motor
vehicle minor repair” or “motor vehicle major repair.”
Section 325.483 Motor Vehicle Minor
Repair
“Motor vehicle minor repair” means
repairs and servicing that produce
relatively low levels of noise, vibration and fumes and, more specifically, include the following types of
repairs to motor vehicles of a gross
vehicle weight of no more than 6,000
pounds:
(a) “motor vehicle maintenance”
as defined in 325.482
(b) air conditioning, starting and
charging service;
(c) brake repair and replacement;
(d) engine oil changes, fluids replacement;
(e) exhaust system repair and replacement;
(f) automotive electrical work
other than audio sound system
installation;
(g) shock absorber, spring, and
strut replacement;
(h) upholstery work;
(i) tire balancing, tire installation; wheel alignment;
(j) windshield and glass installation;
(k) tune-ups, diagnostics; spark
plug replacement, emission control
service; and
(l) other repairs of a similar
nature with respect to impacts on
nearby properties.
Section 325.484 Motor Vehicle Major
Repair
“Motor vehicle major repair” means
repairs that produce relatively high
levels of noise, vibration and fumes
and, more specifically, include the
following types of repairs to motor
vehicles and repairs of a similar
nature with respect to impacts on
nearby properties:
(a) audio sound system installation;
(b) auto body customizing; sun
roof installation;
(c) auto body sheet metal, fiberglass or plastic repair, replacement,
prepping or painting;
(d) auto body or frame media
blasting;
(e) chassis and frame cleaning,
fabrication, straightening or welding;
(f) transmission repair and replacement;
(g) any other types of automotive
work not included in the definition
of “motor vehicle minor repair” except for automotive engine machine
rebuilding and machining, as permitted in 345.03(c)(31); and
(h) any “minor repair” of motor
vehicles
of
greater
than
6,000
pounds gross vehicle weight.
Section 325.485 Motor Vehicle Sales
Facility
“Motor vehicle sales facility” means
any land or buildings used primarily for the sale of new or used motor

887

19
vehicles fit for transportation, which
may include as an accessory use
“minor repair” of motor vehicles sold
from the facility or, in the case of
a new car sales facility, “minor
repair” of vehicles of the make sold
in the facility.
Section 325.486 Motor Vehicle Service Station
“Motor vehicle service station”
means a use of premises primarily
for the retail sale of gasoline or
other motor vehicle fuels and oil for
delivery into automotive vehicles,
and may include the retail sale of
lubricants, tires, batteries and automotive accessories; and may include
the rendering of services and repairs limited to “minor repair” of
motor vehicles, as defined in Section
325.483.
Section 325.487 Motor Vehicle Service Garage
“Motor vehicle service garage”
means a building or part thereof in
which the motor vehicle servicing
and repairs performed are limited to
“minor repair” of motor vehicles as
defined in Section 325.483.
Section 325.488 Motor Vehicle Repair Garage
“Motor
vehicle
repair
garage”
means a building or part thereof in
which the motor vehicle servicing
and repairs performed may include
both “minor repair” as defined in
Section 325.483 and “major repair” as
defined in Section 325.484.
Section 325.534
Parking Garage,
Community
“Community parking garage” means
a building or part thereof for the
storage of automobiles of residents
of an apartment building or other
residents in the vicinity and in
which “motor vehicle maintenance”
services,
as
defined
in
Section
325.482 may be provided for vehicles
stored in the garage.
Section 325.535
Parking Garage,
Private
“Private parking garage” means a
building or part thereof accessory to
a main building and providing for
the storage of automobiles and electrical charging of such vehicles and
in which no occupation or business
for profit is conducted.
Section 325.536
Parking Garage,
Public
“Public parking garage” means a
building or part thereof for the storage of motor vehicles, other than a
private parking garage or a community parking garage, and in
which “motor vehicle maintenance”
services,
as
defined
in
Section
325.482 may be provided for vehicles
stored in the garage.
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.
Referred to Directors of City Planning Commission, Finance, Law; Committees on City Planning, Legislation, Finance.

20
Ord. No. 730-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Utilities
to cause payment of the City of
Cleveland’s share to the Village of
Hunting Valley for the cost of designing, constructing and administering the contract to install an
express main on South Woodland
Road.
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 authorizes payment to the Village of
Hunting Valley for the City’s share
of the cost of designing, constructing and administering the contract
to install an express main on South
Woodland Road, from Fund No. 52
SF 229, Request No. 189913.
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
Utilities, Finance, Law; Committees
on Public Utilities, Finance.
Ord. No. 731-09.
By Council Members Kelley, Cimperman and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
enter into various leases and leases
by way of concession with various
companies for the use of certain Airport-owned space at Cleveland Hopkins
International
Airport
and
Burke Lakefront Airport, for a period of two years, with two one-year
options to renew, the first of which
is exercisable through additional
legislative authority.
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 enter
into the following lease agreements,
all for general office space to be
located in the terminal building at
Burke Lakefront Airport, for the following approximate square footage:
Main Sail, LLC, 715 square feet;
Brown Eagle Construction, LLC,
715 square feet;
Electric Transport, LLC, 670 square
feet;
J.L.J.I. Enterprises Inc., 533 square
feet;
New Birth Investment & Development Group, LLC, 280 square feet
For use of their leased premises,
each Lessee shall pay the City an
annual fee of $12.50 per square foot,
which is determined to be fair market value.
Section 2. That the Director of
Port Control is authorized to enter

The City Record
into a lease agreement with Brendan Airways, LLC, dba USA 3000
(“Brendan”) for approximately 520
square feet of space located on the
ticketing level of the terminal building at Cleveland Hopkins International Airport, to be used as office
space. For use of the leased premises, Brendan shall pay the City an
annual fee of $354.66 per square
foot, which is determined to be fair
market value.
Section 3. That the Director of
Port Control is authorized to enter
into a lease agreement with Champlain Enterprises, Inc., dba Commutair (“Champlain”) for approximately 24,270 square feet of space located on Bay 3 of the primary hangar
and ramp area at Cleveland Hopkins
International Airport, to be used for
storage and maintenance. For use of
the
leased
premises,
Champlain
shall pay the City an annual fee of
$2.75 per square foot, which is determined to be fair market value.
Section 4. That the Director of
Port Control is authorized to enter
into one or more lease agreements
with United States of America, acting through the General Services
Administration on behalf of the
Transportation Security Administration (“USA”) for baggage and passenger screening and office space at
various locations in the terminal
building at Cleveland Hopkins International Airport, in the following
approximate square footage and in
the following annual fees per square
foot, which is determined to be fair
market value:
378 square feet, at $87.18 per square
foot
1,157 square feet, at $63.18 per
square foot
903 square feet, at $165.99 per
square foot
1,520 square feet, at $165.99 per
square foot
1,139 square feet, at $165.99 per
square foot
Section 5. That the Director of
Port Control is authorized to enter
into a lease agreement with Parking Solutions, Inc. (“Parking Solutions”) for approximately 80 square
feet of space located in the terminal
building at Cleveland Hopkins International Airport, to be used for
office space. For use of the leased
premises, Parking Solutions shall
pay the City an annual fee of $165.99
per square foot, which is determined
to be fair market value.
Section 6. That the Director of
Port Control is authorized to enter
into a lease agreement with Flight
Services & Systems, Inc. (“Flight
Services”) for approximately 160
square feet of space located in the
terminal building at Cleveland Hopkins International Airport, to be
used for office space. For use of the
leased premises, Flight Services
shall pay the City an annual fee of
$87.18 per square foot, which is
determined to be fair market value.
Section 7. That the Director of
Port Control is authorized to enter
into a lease agreement with Penauille Servisair USA, Inc. (“Penauille”)
for
approximately
8,500
square feet of space located in the
United Cargo Building at Cleveland
Hopkins International Airport, to be
used for air cargo handling and
storage. For use of the leased

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May 20, 2009
premises, Penauille shall pay the
City an annual fee of $7.00 per
square foot, which is determined to
be fair market value.
Section 8. That the Director of
Port Control is authorized to enter
into a lease agreement with Aeromag-Contego CLE, LLC (“AeromagContego”) for approximately 11,025
square feet of space located in the
United Cargo Building at Cleveland
Hopkins International Airport, to be
used for air cargo handling and
storage. For use of the leased premises, Aeromag-Contego shall pay the
City an annual fee of $7.00 per
square foot, which is determined to
be fair market value.
Section 9. That the Director of
Port Control is authorized to enter
into a lease agreement with Inland
Waters of Ohio, Inc. (“Inland”) for
approximately 28,375 square feet of
space located in the United Cargo
Building
at
Cleveland
Hopkins
International Airport, to be used for
storing and maintaining deicing
equipment. For use of the leased
premises, Inland shall pay the City
an annual fee of $7.00 per square
foot, which is determined to be fair
market value.
Section 10. That, notwithstanding
the provisions of Chapter 183, the
Director may enter into the lease
agreements authorized in Sections 1
through 9. The rent for each lease
shall be paid in monthly installments due on the first day of each
month during the term of each
lease. Each lease may authorize the
Lessee to make improvements to
their leased premises subject to the
approval of appropriate City agencies and officials.
Section 11. That, notwithstanding
Section 183.03 or any other provision
of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Port
Control is authorized to enter into a
Lease
By
Way
of
Concession
(“LBWOC”) with Michael Gibson to
install, operate, and maintain coinoperated newspaper vending machines at various locations on the
concourses in the terminal building
at Cleveland Hopkins International
Airport.
Section 12. That the rent for the
LBWOC shall be a percentage of
gross revenue with a minimum
annual guarantee to be determined
by the Director of Port Control and
agreed upon by Michael Gibson.
Section 13. That the term of each
lease and the LBWOC described in
this ordinance shall be for a period
of two years, with two one-year
options to renew. The first of the
one-year options to renew for each
lease and lease by way of concession may not be exercised without
additional legislative authority. If
such additional legislative authority
is granted and the first of the oneyear options to renew is exercised
for each agreement, then the second
of the one-year options to renew
may be exercisable at the option of
the Director of Port Control, without
the necessity of obtaining additional authority of this Council.
Section 14. That the Director of
Port Control, 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

May 20, 2009
Leases and the LBWOC authorized
by this ordinance.
Section 15. That the Leases and
the LBWOC authorized by this ordinance shall be prepared by the
Director of Law.
Section 16. 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 Port Control, Finance, Law; Committees on
Aviation and Transportation, Finance.
Ord. No. 732-09.
By Council Members Kelley and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
enter into one or more concession
agreements for special events’ promotion, marketing, advertising, and
sponsorship services, for the various
divisions of the Department of Port
Control, for a period of two years,
with two one-year options to renew,
exercisable by the Director 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, 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 concession agreements
on the basis of competitive proposals, for special events’ promotion,
marketing, advertising, and sponsorship services, for the various
divisions of the Department of Port
Control, for a period of two years,
with two one-year options to renew,
exercisable by the Director of Port
Control.
Section 2. That the agreement or
agreements shall be prepared by the
Director of Law.
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 Port Control, Finance, Law; Committees on
Aviation and Transportation, Finance.
Ord. No. 733-09.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts for the installation
and
removal
of
existing
mobile data computers and in-car
video system components, including
any parts or supplies needed for
proper installation or mounting, for
the various divisions of the Department of Public Safety, for a period
of one year.

The City Record
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 make
one or more written requirement
contracts under the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, for the requirements for
a one-year period of the necessary
items for the installation and removal of existing mobile data computers and in-car video system components, including any parts or supplies needed for proper installation
or mounting, in the estimated sum
of $349,000, to be purchased by the
Commissioner of Purchases and Supplies on a unit basis for the various
divisions of the Department of Public Safety. 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
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 188238)
Section 3. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements
with
other
governmental
agencies. The Director of Public
Safety may sign all documents 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.
Referred to Directors of Public
Safety, Finance, Law; Committees
on Public Safety, Finance.
FIRST READING EMERGENCY
ORDINANCES READ IN FULL
AND PASSED
Ord. No. 727-09.
By Council Member Sweeney.
An emergency ordinance authorizing the Clerk of Council to provide
payment to MK2 Technologies for
web site modifications for Cleveland
City Council.
Whereas, this ordinance constitutes an emergency measure provid-

889

21
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 the Clerk of Council is authorized to provide payment
to MK2 Technologies for web site
modifications in an amount not to
exceed $1,250.00 from fund numbers
632000-01-010100.
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.
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.
The rules were suspended. Yeas
19. Nays 0. Read second time. Read
third time in full. Passed. Yeas 19.
Nays 0.
Ord. No. 734-09.
By Council Members Brady, Cloud
and Cummins.
An emergency ordinance to amend
Sections 559.02 and 559.238 of the
Codified Ordinances of Cleveland,
Ohio, 1976, as amended by Ordinance
No. 1610-07, passed December 10, 2007
and Ordinance No. 1062-06, passed
December 11, 2006, relating to designating the cultural gardens and
designating
the
cultural
garden
located 691 Martin Luther King Jr.
Boulevard as the Albanian 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
559.238 of the Codified Ordinances of
Cleveland, Ohio, 1976, as amended
by Ordinance No. 1610-07, passed
December 10, 2007 and Ordinance No.
1062-06, passed December 11, 2006,
are hereby 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:
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.

22
Cleveland Cultural Gardens shall
be subdivided into units, bounded
and described in the following sections.
Section 559.238 Albanian Garden
1.1765 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 50° 54' 20",
an arc of 888.47 feet, a chord of
859.53 feet, which bears North 7° 39'
07" West;
Thence radial from said centerline
North 56° 53' 45" East a distance of
35.00 feet to the East bank of Doan
Creek, the principal place of beginning of the land herein intended to
be described, a capped 5/8" iron pin
set;
Thence along the following two
(2) courses and distances, each to a
capped 5/8" iron pin set;
North 4° 09' 16" East a distance
of 197.50 feet;
South 74° 06' 04" East a distance
of 154.76 feet;
Thence parallel to and approximately 15' West and North of the
edge of pavement of an existing private drive the following four (4)
courses and distances, each to a
capped 5/8" iron pin set;
Along a curve deflecting to the
left, having a radius of 210.00 feet,
a central angle of 31° 38' 50", an
arc of 115.99 feet, a chord of 114.52
feet, which bears South 15° 39' 29"
West;
Along a curve deflecting to the
right, having a radius of 150.00 feet,
a central angle of 38° 04' 30", an
arc of 99.68 feet, a chord of 97.86
feet, which bears South 18° 52' 18"
West;
Along a curve deflecting to the
right, having a radius of 100.00 feet,

The City Record
a central angle of 77° 32' 34", an
arc of 135.34 feet, a chord of 125.24
feet, which bears South 76° 40' 50"
West;
North 50° 27' 26" West a distance
of 56.65 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 5° 52' 14", an arc of
106.05 feet, a chord of 106.00 feet,
which bears North 30° 10' 10" West
to the principal place of beginning
and containing 1.1765 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 “BraunPrenosil Assoc.” Gregory J. Chatham
— Professional Surveyor No. 7882.
Section 2. That existing Sections
559.02 and 559.238 of the Codified
Ordinances of Cleveland, Ohio, 1976,
as amended by Ordinance No. 161007, passed December 10, 2007 and
Ordinance No. 1062-06, passed December 11, 2006, are hereby repealed.
Section 3. 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
19. Nays 0. Read second time. Read
third time in full. Passed. Yeas 19.
Nays 0.
Ord. No. 737-09.
By Council Member Polensek.
An emergency ordinance authorizing the Director of the Department
of Community Development to enter
into an agreement with the Neighborhood Leadership Institute for the
Scoop on Summer Program through
the use of Ward 11 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
Department of Community Development enter into an agreement with
the Neighborhood Leadership Institute for the Scoop on Summer Program for the public purpose of providing Cleveland residents a brochure of summer activities and programs taking place in the North
Collinwood neighborhood through

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May 20, 2009
the use of Ward 11 Neighborhood
Equity Funds.
Section 2. That the cost of said
contract shall be in an amount not
to exceed 3,000 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
19. Nays 0. Read second time. Read
third time in full. Passed. Yeas 19.
Nays 0.
Ord. No. 738-09.
By Council Member Cimperman.
An emergency ordinance authorizing the Director of the Department
of Community Development to enter
into an agreement with the Downtown Cleveland Alliance for the
Downtown Digs: The Official Guide
to
Living
Downtown
Program
through the use of Ward 13 Neighborhood Capital 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
Department of Community Development to enter into an agreement
with the Downtown Cleveland Alliance for the Downtown Digs: The
Official Guide to Living Downtown
Program for the public purpose of
providing a publication brochure to
city residents on living in Downtown Cleveland through the use of
Ward 13 Neighborhood Capital Fund.
Section 2. That the cost of said
contract shall be in an amount not
to exceed $2,500 and shall be paid
from Fund No. 10 SF 177.
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
19. Nays 0. Read second time. Read
third time in full. Passed. Yeas 19.
Nays 0.

May 20, 2009
Ord. No. 740-09.
By Council Member Santiago.
An emergency ordinance amending Section 1 of Ordinance No. 48709 passed April 13, 2009 as it pertains to authorizing the Director of
the Department of Community Development to enter into an agreement with the Julia De Burgos Cultural Arts Center for the Cultural
Instructional Program through the
use of Ward 14 Neighborhood Capital 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 Section 1 of Ordinance Number 487-09 passed April
13, 2009 is hereby amended to read
as follow:
Section 1. That the Director of the
Department of Community Development is authorized to enter into an
agreement effective February 1,
2009 with the Julia De Burgos Cultural Arts Center for the Cultural
Instructional Program for the public
purpose of providing cultural arts
education
to
city
of
Cleveland
youths through the Ward 14 Neighborhood Capital Fund.
Section 2. That Section 1 of Ordinance No. 487-09 passed April 13,
2009 is hereby repealed.
Section 3. 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
19. Nays 0. Read second time. Read
third time in full. Passed. Yeas 19.
Nays 0.
Ord. No. 741-09.
By Council Member Reed.
An emergency ordinance amending Section 1 of Ordinance No. 56409 passed April 27, 2009 as it pertains to authorizing the Director of
the Department of Community Development to enter into an agreement with the Mt. Pleasant Community Zone for the Community Health
and Human Services Expo through
the use of Ward 3 Neighborhood
Capital 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 Section 1 of Ordinance No. 564-09 passed April 27,
2009 is hereby amended to read as
follow:
Section 1. That the Director of the
Department of Community Development enter into an agreement effective May 15, 2009 with the Mt. Pleasant Community Zone for the Community Health and Human Services
Expo for the public purpose of pro-

The City Record
viding public education and information to city of Cleveland residents on health and human support
services that are available through
various city and county agencies
through the Ward 3 Neighborhood
Capital Fund.
Section 2. That Section 1 of Ordinance No. 564-09 passed April 27,
2009 is hereby repealed.
Section 3. 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
19. Nays 0. Read second time. Read
third time in full. Passed. Yeas 19.
Nays 0.
FIRST READING EMERGENCY
RESOLUTIONS READ IN FULL
AND ADOPTED
Res. No. 735-09.
By Council Member Polensek.
An emergency resolution withdrawing objection to the transfer of
ownership of a D5 Liquor Permit at
731-33 East 185th Street, and repealing Resolution No. 884-08, objecting
to said transfer.
Whereas, this Council objected to
the transfer of ownership of a D5
Liquor Permit to Crawl Inn, Inc.,
DBA Fields, 731-33 East 185th Street,
Cleveland, Ohio 44119, Permanent
No. 18081260005, by Resolution No.
884-08 adopted by the Council on
June 2, 2008; and
Whereas, this Council wishes to
withdraw its objection to the above
transfer and consents to said transfer with the understanding that this
particular liquor license would be
permanently removed from the City
of Cleveland; 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
Liquor Permit to Crawl Inn, Inc.,
DBA Fields, 731-33 East 185th Street,
Cleveland, Ohio 44119, Permanent
Number 18081260005, be and the
same is hereby withdrawn and Resolution No. 884-08, containing such
objection, be and the same is hereby repealed and that this Council
consents to the immediate transfer
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.

891

23
The rules were suspended. Yeas
19. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 19.
Nays 0.
Res. No. 736-09.
By Council Member Santiago.
An emergency resolution withdrawing objection to the renewal of
a D5 Liquor Permit at 3382 West
44th Street, and repealing Resolution No. 1052-08, objecting to said
renewal.
Whereas, this Council objected to
a D5 Liquor Permit to 3382 West
44th Street by Resolution No. 1052-08
adopted by the Council on July 2,
2008; 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
Liquor Permit to Heriberto Colon,
DBA El Tropical, 3382 West 44th
Street, Cleveland, Ohio 44109, Permanent Number 1639762 be and the
same is hereby withdrawn and Resolution No. 1052-08, 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
19. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 19.
Nays 0.
Res. No. 739-09.
By Council Members Cloud and
Cimperman.
An emergency resolution supporting the Jackson Administration, Department of Building and Housing’s
efforts to demolish the old Howard
Johnson building off of E. 55th
Street at the Shoreway owned by
Lakeview 2006, LLC.
Whereas, the old Howard Johnson
building located at 5700 South Marginal Road off of E. 55th Street at
the Shoreway, has been vacant for
approximately 30 years, and has
become a highly visible blighted
building on our lakefront and a
crime haven; and
Whereas, this condemned structure poses a safety threat for the
students of Horizon Science Academy, a charter school of the Cleveland Municipal School District, who
walk past the building to get to
their school next door; and
Whereas, the Jackson Administration’s Department of Building and
Housing began legal demolition to
abate the nuisance after giving

24
proper notice to the owner, and after
past and present owners have failed
to correct housing code violations
that were the basis for condemnation in 2001; and
Whereas, the City awarded a
$258,700 demolition contract to demolish the former restaurant and
hotel tower and a $165,200 contract
for environmental and asbestos remediation, for a total of $423,900
demolition costs; and
Whereas, the Department began a
legal demolition of the structure on
April 8, 2009 and demolished the former Howard Johnson restaurant and
hotel tower on April 21, 2009; and
Whereas, Judge Richard J. McMonagle granted the owner, Lakeview 2006, LLC’s application for a
Temporary Restraining Order to stop
the demolition on May 13, 2009; and
Whereas, the City of Cleveland
and
former
Councilperson
Sabra
Pierce Scott have worked many
years for code compliance or demolition, and finally have the funding
to remove this blemish from our
skyline and public nuisance from
our community; 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 supports the Jackson Administration,
Department of Building and Housing’s efforts to demolish the old
Howard Johnson building off or E.
55th Street at the Shoreway owned
by Lakeview 2006, LLC.
Section 2. That the Clerk of Council is hereby directed to transmit
certified copies of this resolution to
Mayor Jackson and Director of
Building and Housing, Edward Rybka.
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
19. Nays 0. Read second time. Read
third time in full. Adopted. Yeas 19.
Nays 0.
SECOND READING EMERGENCY
ORDINANCES PASSED
Ord. No. 403-09.
By Council Members Johnson and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Parks, Recreation and Properties to employ one
or more professional consultants to
provide armed security services at
various indoor and outdoor recreation facilities, including but not
limited to, outdoor pools, recreation
centers, and various surrounding
play areas, for a period not to
exceed one year.
Approved by Directors of Parks,
Recreation and Properties, Finance,
Law; Passage recommended by Committees on Public Parks, Property
and Recreation, Finance.
The rules were suspended. Yeas
19. Nays 0. Read second time. Read

The City Record
third time in full. Passed. Yeas 19.
Nays 0.
Ord. No. 682-09.
By Council Member Sweeney (by
departmental request).
An emergency ordinance to supplement the Codified Ordinances of
Cleveland, Ohio, 1976, by enacting
new Section 193.031, relating to additional purposes for use of the transient occupancy tax; and authorizing the Director of Finance to transfer the unexpended balance from the
Convention Center Fund to the General Fund if the City does not own
the Cleveland Convention Center.
Approved by Directors of Finance,
Law; Passage recommended by Committees on Legislation, Finance.
The rules were suspended. Yeas
19. Nays 0. Read second time. Read
third time in full. Passed. Yeas 19.
Nays 0.
Ord. No. 683-09.
By Council Members Johnson, Cimperman 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 500 Lakeside Avenue, also
known as 1220 East 6th Street, and
Malls B and C to the County of Cuyahoga, for purposes of developing a
Medical Mart facility; authorizing
the Director of Parks, Recreation
and Properties to reserve certain
easement interests in Malls B and C
for the purpose of creating and maintaining public park space; authorizing the Director to enter into one or
more agreements with the Commissioners of Cuyahoga County regarding the redevelopment of the property; and authorizing the Director of
Finance to enter into an agreement
with a local foundation to manage a
City of Cleveland College Scholarship Fund established by the foundation for graduates of Cleveland
Metropolitan School District.
Approved by Directors of Parks,
Recreation
and
Properties,
City
Planning Commission, Finance, Law;
Passage recommended by Committees on Public Parks, Property and
Recreation, City Planning, Finance;
when amended as follows:
1. In the title, line 5, after “Street,”
insert “The Convention Center”; and
at the end, strike the period and
insert “; and authorizing the Director of Public Service to issue a permit to Cuyahoga County Commissioners,
or
their
designee,
to
encroach above, upon and below
public
rights-of-way
immediately
adjacent to and within the areas
described in this ordinance.”.
2. In Section 1, line 3, strike “following generally described property,” and insert “property known as
Public Hall, Music Hall, and the Little Theater, land known as Malls B
and C, and the current convention
center facility located underground
beneath Malls B and C (the “Convention Center Complex”); and in
line 4, after “use” strike the colon
and insert a period, then strike the
property descriptions of Malls B and
C in their entirety.
3. Insert new Sections 4, 5, 6, and
7 to read as follows:
“Section 4. That the Director of
Public Service is authorized to issue
a permit, revocable at the will of
Council, to Cuyahoga County Commissioners, Cuyahoga County Ad-

892

May 20, 2009
ministration Building, 1219 Ontario
Street, Cleveland, Ohio, 44113, or their
designee (“County”), to encroach
above, upon and below public rightsof-way immediately adjacent to and
within the area to be conveyed
described in Section 1 and depicted
on the map placed in the file.
Section 5. That the County may
assign the permit only with the
prior written consent of the Director
of Public Service. That the encroaching structure(s) permitted by this
ordinance shall conform to plans
and specifications first approved by
the Commissioner of Engineering
and Construction. That the County
shall obtain all other required permits, including but not limited to
Building Permits, before installing
the encroachment(s).
Section 6. That the Director of
Law shall prepare the permit authorized by this ordinance and shall
incorporate such additional provisions as the director determines necessary to protect and benefit the
public interest.
Section 7. That the permit shall
reserve to the City reasonable right
of entry to the encroachment location(s).”.
4. Renumber existing Sections 4, 5,
and 6 to new “Section 8”, “Section 9”,
and “Section 10”.
5. In existing Section 4, line 4,
strike “File No. 683-09-A.” and insert
“File No. 683-09-B. A copy of the
Definitive Agreement referenced in
the Letter of Intent shall be deposited in the file upon its execution.”.
6. In existing Section 5, strike
lines 5 through the end of the section and insert “educated and more
skilled workforce. For this reason,
upon recommendation of the Director of Finance and the approval of
City
Council,
the
Director
of
Finance is authorized to enter into
an agreement with a local foundation determined by the Director of
Finance to manage a City of Cleveland College Scholarship Fund, and
to allocate $2 million dollars from
the proceeds of the sale of the Convention Center Complex to be deposited into the Fund.”.
Amendments agreed to.
The rules were suspended. Yeas
19. Nays 0. Read second time. Read
third time in full. Passed. Yeas 19.
Nays 0.
In compliance with Section 33 of
the Charter, a copy of the legislation was furnished to each member
of Council before final passage.
MOTION
By Council Member Cleveland, seconded by Council Member Kelley
and unanimously carried that the
absence
of
Council
Members
Zachary Reed and Matthew Zone be
and is hereby authorized.
MOTION
The Council Meeting adjourned at
8:05 p.m. to meet on Monday, June
1, 2009 at 7:00 p.m. in the Council
Chambers.

Patricia J. Britt
City Clerk, Clerk of Council

The City Record

May 20, 2009
THE CALENDAR
The following measure will be on
its final passage at the next meeting:
NONE

BOARD OF CONTROL

May 13, 2009
The regular meeting of the Board
of Control convened in the Mayor’s
office on Wednesday, May 13, 2009,
at 10:30 a.m. with Director Triozzi
presiding.
Present: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Absent: Mayor Jackson.
Others: Jim Hardy, Commissioner,
Purchases and Supplies.
Natoya Walker, Acting Director,
Office of Equal Opportunity.
On motions, the following resolutions were adopted, except as may
be otherwise noted:
Resolution No. 162-09.
By Director Dumas.
Resolved by the Board of Control
of the City of Cleveland, that under
Section 101 of the Charter, Section
181.19 of the Codified Ordinances of
Cleveland, Ohio, 1976, and Resolution No. 921-52, adopted by the Board
of Control on November 26, 1952, the
report of the Commissioner of Purchases and Supplies for the sale of
scrap, personal property, and byproducts during the month of May,
2009 in the amount of $300.00,
attached and made a part of this
resolution, is received, approved and
ordered filed.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 163-09.
By Interim Director Withers.
Be it resolved by the Board of
Control of the City of Cleveland that
under the authority of Ordinance No.
1656-08, passed by the Council of the
City of Cleveland on December 8,
2008, Middough Inc., is selected from
a list of firms determined after a
full and complete canvass by the
Director of Public Utilities as the
firm to be employed by contract to
supplement the regularly employed
staff of several departments of the
City of Cleveland to perform the professional services necessary to provide professional electrical engineering and planning services, on
an as-needed basis for a period of
two years for the Division of Cleveland Public Power, Department of
Public Utilities.
Be it further resolved that the
Director of Public Utilities is authorized to enter into contract with
Middough Inc. based on its proposal

25

dated March 21, 2009, which contract
shall be prepared by the Director of
Law, shall provide for furnishing of
professional services as contained in
the proposal, and shall contain such
additional provisions as the Director
of Law deems necessary to protect
and benefit the public interest.
Be it further resolved that the
work shall commence upon the day
after expiration of the current contract for electrical engineering services or the date of execution of this
contract, whichever occurs later and
shall provide for the furnishing of
professional services as described in
the proposal for an aggregate fee of
$3,000,000.00.
Be it further resolved by the
Board of Control of the City of
Cleveland that the employment of
the following sub-consultants is approved:
SUB-CONSULTANTS

WORK
PERCENTAGE

Polytech, Inc. (CSB/M)

$425,000.00
14.17%

CAD Concepts, Inc.(CSB/F)

$ 75,000.00
2.50%

Stephen Hovancsek &
Associates, Inc. (CSB)

Laramore, Douglass and
Popham

$100,000.00
3.33%

$150,000.00
5.00%

Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 164-09.
By Interim Director Withers.
Whereas, Board of Control Resolution No. 2-07, adopted January 3,
2007, under the authority of Ordinance No. 495-06, passed by the
Cleveland City Council on April 19,
2006, approved Eaton Electrical, Inc.
as lowest and best bidder, based
upon its August 30, 2006 bid to provide the City’s requirements for an
estimated quantity of Substation
Maintenance, Groups A & B, for the
Division of Cleveland Public Power,
Department of Public Utilities; and
Whereas, after adoption of Resolution No. 2-07 on January 3, 2007,
the City was notified by Eaton Corporation’s December 1, 2008 letter
and other sources that as a result of
Eaton Corporation’s corporate restructuring effective January 1, 2009,
Eaton Electrical, Inc. became a part
of and would be operating under the
company name of Eaton Corporation; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland,
that this Board acknowledges the
incorporation of Eaton Electrical,
Inc. into Eaton Corporation, effective January 1, 2009, and amends
Resolution No. 2-07 by recognizing
Eaton
Corporation
in
place
of
Eaton Electrical, Inc. as the successful
bidder
and
substituting
“Eaton
Corporation”
for
“Eaton

893

Electrical, Inc.” where appearing in
the resolution.
Be it further resolved, that all
other provisions of Resolution No. 207, not expressly amended above
shall remain unchanged and in full
force and effect, and the Director of
Public Utilities is authorized to execute all documents and do all things
necessary to acknowledge the change
in legal identity of the successful
bidder to Eaton Corporation.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 165-09.
By Interim Director Withers.
Be it resolved by the Board of
Control of the City of Cleveland that
the bid of WESCO Distribution Inc.
for the following: Purchase of Transformers and Accessories, Items A5,
B1, B2, C1, D1, D2, E1, F1, F2, F3,
J1, J2, J3, J4, J5, J6, L1, and L2 (0%,
Net 30 Days), for the Division of
Cleveland Public Power, Department
of Public Utilities, received on January 22, 2009, under the authority of
Section 129.26 of the Codified Ordinances of Cleveland, Ohio, 1976, which
on the basis of the order quantities
would amount to $255,095,00, is approved as the lowest and best bid,
and the Director of Public Utilities
is requested to enter into contract
for the items.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 166-09.
By Interim Director Withers.
Be it resolved by the Board of
Control of the City of Cleveland that
the bid of Professional Electric
Products Company for the following:
Purchase
of
Transformers
and
Accessories, Items A1, A2, A4, C2,
C3, D3, E2, E3, G1, G2, G3, G4, G5,
G6, H1, H2, I1, K1, and M1 (2%, Net
30 Days), for the Division of Cleveland Public Power, Department of
Public Utilities, received on January
22, 2009, under the authority of Section 129.26 of the Codified Ordinances of Cleveland, Ohio, 1976, which
on the basis of the order quantities
would amount to $339,541.19, is approved as the lowest and best bid,
and the Director of Public Utilities
is requested to enter into contract
for the items.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 167-09.
By Interim Director Withers.
Be it resolved, by the Board of
Control of the City of Cleveland that
all bids received on January 22, 2009
for the purchase of Transformers

26
and Accessories, Group A, Item A3,
for the Division of Cleveland Public
Power, Department of Public Utilities, under the authority of Section
129.26 of the Codified Ordinances of
Cleveland, Ohio, 1976, are rejected.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 168-09.
By Interim Director Withers.
Be it resolved by the Board of
Control of the City of Cleveland that
the bid of Central Electric Manufacturing Company for the following: 15kV Walk-In Switchgear for
Lake Road Sub-Station, all items,
(0%, Net 0 Days), for the Division
of Cleveland Public Power, Department of Public Utilities, received on
March 27, 2009, under the authority
of Ordinance No. 556-08, passed June
2, 2008, which on the basis of the
order quantities would amount to
$1,106,747.00 is approved as the lowest and best bid, and the Director of
Public Utilities is requested to enter
into contract for the items.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 169-09.
By Director Wasik.
Resolved by the Board of Control
of the City of Cleveland that the bid
of The Shelly Company, for the public improvement of grinding of City
streets, for the Division of Streets,
Department of Public Service, received on April 16, 2009, under the
authority of Ordinance No. 1773-08,
passed March 9, 2009, upon a unit
basis for the improvements to be
performed as ordered during the
period of 2 years starting upon execution of a contract, at the unit
prices set forth in the bid, which on
the basis of the estimated work to
be done would amount to $1,200,000.00,
is affirmed and approved as the lowest responsible bid, and the Director
of Public Service is requested to
enter into a requirement contract for
the improvement, which contract
shall provide for the initial performance of the following work:
Requisition Number 194322
which shall be certified against the
contract in the sum of $400,000.00.
The requirement contract shall
further provide that the contractor
will perform so much of the balance of the work as may be
ordered under subsequent requisitions separately certified against
the requirement contract, whether
the same shall be less than the
total estimate of work to be performed under the contract or shall
exceed the same by not more than
ten percent.
Be it further resolved, that the
employment of the following subcontractors is approved:

The City Record
Interstate Safety
CSB/F — $39,200.00 — (3.267%)
Cook Paving
CSB/M — $170,500.00 — (14.208%)
Friedel Trucking
CSB/F — $39,200.00 — (3.267%)
RAR
CSB/M — $39,200.00 — (3.267%)
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 170-09.
By Director Flask.
Whereas, under the authority of
Ordinance No. 918-07, passed by the
Cleveland City Council on July 11,
2007, the City of Cleveland, through
the
Director
of
Public
Safety,
entered into an agreement with DSS
Corporation, City Contract No. 67545,
for a period not to exceed twentyfour months,, for maintenance and
technical support services for the
voice recorder system, for the Division of Police, Department of Public
Safety, and
Whereas, division (d) of Section
181.102 C.O. authorizes a director to
enter into an agreement with the
software vendor for professional services necessary to maintain the software, including but not limited to,
maintenance, repair, upgrade, enhancements, and technical support;
and
Whereas, under the authority of
Section 181.102 C.O., the City intends
to enter into a renewal of Contract
No. 67545 with DSS Corporation, to
continue to obtain the professional
maintenance and technical support
services necessary to maintain the
voice recorders under Contract No.
67545, as previously renewed, now;
therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
under division (e) of Section 181.102
C.O., the compensation to be paid for
maintenance and technical support
services to be performed under the
renewal of the agreement with DSS
Corporation, is fixed at an amount
not exceeding $62,891.58.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 171-09.
By Director Flask.
Resolved by the Board of Control
of the City of Cleveland that the bid
of Vance Outdoors, Inc., for an estimated amount of Tasers and related equipment, item 1 thru item 5 for
the Division of Police, Department
of Public Safety, for the period of
one (1) year beginning with the
date of execution of a contract,
received on March 25, 2009, under
the authority of Section No. 135.065
of the Codified Ordinances of Cleveland, Ohio 1976, which on the basis

894

May 20, 2009
of the estimated quantity would
amount $369,320.00, is affirmed and
approved as the lowest and best bid,
and the Director of Public Safety 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. 182827
as specified,
which shall be certified against such
contract in the sum of $369,320.00.
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,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 172-09.
By Director Flask.
Resolved by the Board of Control
of the City of Cleveland that the bid
of M & L Supply Company, for an
estimated quantity of Industrial
Washers and Dryers, Item 1 and
item 2, for the Division of Correction, Department of Public Safety,
for the period of one (1) year beginning with the date of execution of
a contract, received on December 19,
2008, under the authority of Section
No. 181.101 of the Codified Ordinances of Cleveland, Ohio 1976,
which on the basis of the estimated
quantity would amount $36,000.00, is
affirmed and approved as the lowest and best bid, and the Director of
Public Safety 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. 187832
as specified,
which shall be certified against the
contract in the sum of $36,000.00.
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,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 173-09.
By Director Cox.
Whereas, under the authority of
division (g) of Section 133.29 of the
Codified Ordinances of Cleveland,
Ohio, 1976, the Director of Parks,
Recreation and Properties, is autho-

The City Record

May 20, 2009
rized, subject to Board of Control
approval, to establish and collect
group, promotional, and other reduced
rates
at
municipal
golf
courses in amounts that do not
exceed the per person rates listed in
divisions (a) through (f) of Section
133.29; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
under the authority of division (g)
of Section 133.29 of the Codified
Ordinances of Cleveland, Ohio, 1976,
the following group, promotional,
and other reduced rates at municipal golf courses are approved:
MONDAY MADNESS Regular Seniors
Group of 4players ONLY $100.00
$80.00
(18 holes w/cart)
Play begins before
1:00 p.m.
WEEKEND SPECIAL Regular Seniors
Group of 2players ONLY $60.00
$50.00
(18 holes w/cart)
Play begins after
1:00 p.m.
AFTER WORK SPECIAL
Weekdays ONLY
(9 holes)
Play begins after 6:30 p.m.

Rate
$10.00

AFTER WORK SPECIAL
Weekdays ONLY
(9 holes)
Play begins after 6:30 p.m.

Rate
$10.00

Rate
FATHER’S DAY SPECIAL
One person pays full price
$25.00
for 18-holes
DAD plays for FREE (green fee)
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 174-09.
By Director Cox.
Whereas, Board of Control Resolution No. 153-09, adopted April 29,
2009, approved the bid of Century
Equipment II, Ltd. for an estimated
quantity of Toro Mower Parts, for
the Division of Recreation, Department of Parks, Recreation and Properties; and
Whereas, Resolution No. 153-09 incorrectly stated the bid opening date
as April 18, 2008; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
Resolution No. 153-09, adopted by
this Board April 29, 2009, approving
the bid of Century Equipment II,
Ltd. as lowest and best for Toro
Mower Parts, is amended by changing the bid opening date stated in
the resolution from April 18, 2008 to
March 13, 2009.
Be it further resolved that all
other provisions of Resolution No.
153-09 not expressly amended above
shall remain unchanged and in full
force and effect.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.

Resolution No. 175-09.
By Director Cox.
Whereas, Board of Control Resolution No. 154-09, adopted April 29,
2009, approved the bid of Baker
Vehicle Systems, Incorporated for an
estimated
quantity
of
Cushman
Equipment Parts, for the Division of
Recreation, Department of Parks,
Recreation and Properties; and
Whereas, Resolution No. 154-09 incorrectly stated the bid opening date
as April 18, 2008; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
Resolution No. 154-09, adopted by this
Board April 29, 2009, approving the
bid of Baker Vehicle Systems, Incorporated as lowest and best for Cushman Equipment Parts, is amended
by changing the bid opening date
stated in the resolution from April
18, 2008 to March 13, 2009.
Be it further resolved that all
other provisions of Resolution No.
154-09 not expressly amended above
shall remain unchanged and in full
force and effect.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 176-09.
By Director Cox.
Whereas, under the authority of
Ordinance No. 745-08, passed June 9,
2008, by the Council of the City of
Cleveland, the Commissioner of Purchases and Supplies (“Commissioner”)
is authorized, by and at the direction of the Board of Control, to sell
certain
City-owned
property
no
longer needed for public use consisting of permanent parcel number
008-26-045 (”Property”) to Denison
Elderly LLC for purposes of providing adequate parking for a new lowincome, senior-housing development;
and
Whereas, Ordinance No. 745-08
authorizes the Director of Law to
prepare and the Mayor to execute,
on behalf of the City, the Official
Deed necessary to convey the Property described in the Ordinance; and
Whereas, Ordinance No. 745-08 provided that the consideration to be
paid for the property shall not be
less than fair market value as determined by the Board of Control; now,
therefore,
Be it resolved by the Board of
Control of the City of Cleveland
that, under the authority of Ordinance No. 745-08, passed June 9, 2008,
by Cleveland City Council, the Commissioner of Purchases and Supplies
is directed to sell the Property no
longer needed for public use, in “as
is” condition, to Denison Elderly
LLC. The consideration for the Property, which is determined to be not
less than the fair market value, is
established as the following:
i) Payment of $85,000.00 to the
City; and
ii) Such other terms and conditions, restrictions, and covenants as
are deemed necessary or appropriate
as may be specified by the Director
of Parks, Properties and Recreation,
the Director of Community Development, or the Director of Law.

895

27
Be it further resolved by the
Board of Control of the City of
Cleveland that the Mayor and the
Commissioner of Purchases and Supplies are requested to execute and
deliver the official deed of the City
of Cleveland conveying the Property.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 177-09.
By Director Rush.
Whereas, under the authority of
Ordinance No. 2076-76 passed October
25, 1976, the City is conducting a
Land Reutilization Program according to the provisions of Chapter 5722
of the Ohio Revised Code; and
Whereas, City has acquired Permanent Parcel No. 112-01-046, located
at 13721 McElhatton under the Land
Reutilization Program; and
Whereas, Ordinance No. 99-09 passed
March 9, 2009, authorized the sale of
the parcel for a consideration established by the Board of Control at not
less than the Fair Market Value;
and
Whereas, Terry J. Higbee has proposed to the City to purchase and
develop the parcel for yard expansion; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
under the authority of Ordinance No.
99-09 passed March 9, 2009, by the
Cleveland City Council, the Mayor is
authorized to execute an official
deed for and on behalf of the City
of Cleveland with Terry J. Higbee
for the sale and development of Permanent Parcel No. 112-01-046, as
described in the Ordinance according to the Land Reutilization Program in such manner as best carries
out the intent of the program.
Be it further resolved that the consideration for the parcel shall be
$400.00, which amount is determined
to be not less than the fair market
value of the parcel for uses according to the Land Reutilization Program.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 178-09.
By Director Rush.
Whereas, under the authority of
Ordinance No. 2076-76 passed October
25, 1976, the City is conducting a
Land Reutilization Program according to the provisions of Chapter 5722
of the Ohio Revised Code; and
Whereas, City has acquired Permanent Parcel No. 141-01-018, located
at 4274 East 160th Street under the
Land Reutilization Program; and
Whereas, Ordinance No. 1676-08
passed March 30, 2009, authorized
the sale of the parcel for a consideration established by the Board of
Control at not less than the Fair
Market Value; and

28
Whereas, Delvis Andre Valentine
has proposed to the City to purchase
and develop the parcel for new construction; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
under the authority of Ordinance No.
1676-08 passed March 30, 2009, by the
Cleveland City Council, the Mayor is
authorized to execute an official
deed for and on behalf of the City
of Cleveland with Delvis Andre
Valentine for the sale and development of Permanent Parcel No. 14101-018, as described in the Ordinance
according to the Land Reutilization
Program in such manner as best carries out the intent of the program.
Be it further resolved that the consideration for the parcel shall be
$100.00, which amount is determined
to be not less than the fair market
value of the parcel for uses according to the Land Reutilization Program.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 179-09.
By Director Rush.
Whereas, under Ordinance No.
2076-76 passed October 25, 1976, the
City is conducting a Land Reutilization Program (“Program”) according to the provisions of Chapter
5722 of the Ohio Revised Code; and
Whereas, under the Program, the
City has acquired Permanent Parcel
No. 006-04-138 located at Eve Avenue
in Ward 17; and
Whereas, Section 183.021 of the
Codified Ordinances of Cleveland,
Ohio 1976 authorizes the Commissioner of Purchases and Supplies,
when directed by the Director of
Community Development and when
certain specified conditions have
been met, to sell Land Reutilization
Program parcels to adjacent or
abutting landowners; and
Whereas, Wayne R. Cole and
Kathryn K. Cole, abutting/adjacent
landowner, has proposed to the City
to purchase and develop the parcel
for yard expansion; and
Whereas, the following conditions
exist:
1. The member of Council from
Ward 17 has consented to the proposed sale;
2. The parcel is either less than
4,800 square feet or less than 40 feet
frontage;
3. The proposed purchaser of the
parcel is neither tax delinquent nor
in violation of the Building and
Housing Code; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland
that under Section 183.021 of Codified Ordinances of Cleveland, Ohio
1976, the Commissioner of Purchases and Supplies is authorized, when
directed by the Director of Community Development, and the Mayor is
requested to execute an Official
Deed for and on behalf of the City
of Cleveland, with Wayne R. Cole
and Kathryn K. Cole for the sale
and development of Permanent Parcel No. 006-04-138 located at Eve
Avenue, according to the Land

The City Record
Reutilization Program in such manner as best carries out the intent of
the program.
Be it further resolved that the consideration for said parcel shall be
$1.00, which amount is determined to
be not less than the Fair Market
value of said parcel for uses according to the Program.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 180-09.
By Director Rush.
Whereas, under Ordinance No. 207676 passed October 25, 1976, the City
is conducting a Land Reutilization
Program (“Program”) according to
the provisions of Chapter 5722 of the
Ohio Revised Code; and
Whereas, under the Program, the
City has acquired Permanent Parcel
No. 006-04-109 located at Eve Avenue
in Ward 17; and
Whereas, Section 183.021 of the
Codified Ordinances of Cleveland,
Ohio 1976 authorizes the Commissioner of Purchases and Supplies,
when directed by the Director of
Community Development and when
certain specified conditions have
been met, to sell Land Reutilization
Program parcels to adjacent or abutting landowners; and
Whereas, Maria Betancourt, abutting/adjacent landowner, has proposed to the City to purchase and
develop the parcel for yard expansion; and
Whereas, the following conditions
exist:
1. The member of Council from
Ward 17 has consented to the proposed sale;
2. The parcel is either less than
4,800 square feet or less than 40 feet
frontage;
3. The proposed purchaser of the
parcel is neither tax delinquent nor
in violation of the Building and
Housing Code; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
under Section 183.021 of Codified
Ordinances of Cleveland, Ohio 1976,
the Commissioner of Purchases and
Supplies is authorized, when directed by the Director of Community
Development, and the Mayor is requested to execute an Official Deed
for and on behalf of the City of
Cleveland, with Maria Betancourt
for the sale and development of
Permanent
Parcel
No.
006-04-109
located at Eve Avenue, according to
the Land Reutilization Program in
such manner as best carries out the
intent of the program.
Be it further resolved that the consideration for said parcel shall be
$1.00, which amount is determined to
be not less than the Fair Market
value of said parcel for uses according to the Program.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.

896

May 20, 2009
Resolution No. 181-09.
By Director Rush.
Whereas, under Ordinance No. 207676 passed October 25, 1976, the City
is conducting a Land Reutilization
Program (“Program”) according to
the provisions of Chapter 5722 of the
Ohio Revised Code; and
Whereas, under the Program, the
City has acquired Permanent Parcel
No. 125-35-058 located at 3454 East
75th Street in Ward 12; and
Whereas, Section 183.021 of the
Codified Ordinances of Cleveland,
Ohio 1976 authorizes the Commissioner of Purchases and Supplies,
when directed by the Director of
Community Development and when
certain specified conditions have
been met, to sell Land Reutilization
Program parcels to adjacent or abutting landowners; and
Whereas, Richard T. Surlas, abutting/adjacent landowner, has proposed to the City to purchase and.
develop the parcel for yard expansion; and
Whereas, the following conditions
exist:
1. The member of Council from
Ward 12 has consented to the proposed sale,
2. The parcel is either less than
4,800 square feet or less than 40 feet
frontage;
3. The proposed purchaser of the
parcel is neither tax delinquent nor
in violation of the Building and
Housing Code; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
under Section 183.021 of Codified
Ordinances of Cleveland, Ohio 1976,
the Commissioner of Purchases and
Supplies is authorized, when directed by the Director of Community
Development, and the Mayor is requested to execute an Official Deed
for and on behalf of the City of
Cleveland, with Richard T. Surlas
for the sale and development of Permanent Parcel No. 125-35-058 located
at 3454 East 75th Street, according
to the Land Reutilization Program
in such manner as best carries out
the intent of the program.
Be it further resolved that the consideration for said parcel shall be
$1.00, which amount is determined to
be not less than the Fair Market
value of said parcel for uses according to the Program.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 182-09.
By Director Rush.
Whereas, under Ordinance No. 207676 passed October 25, 1976, the City
is conducting a Land Reutilization
Program (“Program”) according to
the provisions of Chapter 5722 of the
Ohio Revised Code; and
Whereas, under the Program, the
City has acquired Permanent Parcel
No. 123-19-067 located at 2964 Nursery
Avenue in Ward 5; and
Whereas, Section 183.021 of the
Codified Ordinances of Cleveland,
Ohio 1976 authorizes the Commissioner of Purchases and Supplies,
when directed by the Director of

May 20, 2009
Community Development and when
certain specified conditions have
been met, to sell Land Reutilization
Program parcels to adjacent or abutting landowners; and
Whereas, Shirley Harris, abutting/adjacent landowner, has proposed to the City to purchase and
develop the parcel for yard expansion; and
Whereas, the following conditions
exist:
1. The member of Council from
Ward 5 has consented to the proposed sale;
2. The parcel is either less than
4,800 square feet or less than 40 feet
frontage;
3. The proposed purchaser of the
parcel is neither tax delinquent nor
in violation of the Building and
Housing Code; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland
that under Section 183.021 of Codified Ordinances of Cleveland, Ohio
1976, the Commissioner of Purchases and Supplies is authorized, when
directed by the Director of Community
Development,
and
the
Mayor is requested to execute an
Official Deed for and on behalf of
the City of Cleveland, with Shirley
Harris for the sale and development of Permanent Parcel No. 12319-067
located
at
2964
Nursery
Avenue, according to the Land
Reutilization Program in such manner as best carries out the intent
of the program.
Be it further resolved that the consideration for said parcel shall be
$1.00, which amount is determined to
be not less than the Fair Market
value of said parcel for uses according to the Program.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 183-09.
By Director Rush.
Whereas, under Ordinance No. 207676 passed October 25, 1976, the City
is conducting a Land Reutilization
Program (“Program”) according to
the provisions of Chapter 5722 of the
Ohio Revised Code; and
Whereas, under the Program, the
City has acquired Permanent Parcel
No. 125-02-014 located at 5511 Maurice Avenue in Ward 12; and
Whereas, Section 183.021 of the
Codified Ordinances of Cleveland,
Ohio 1976 authorizes the Commissioner of Purchases and Supplies,
when directed by the Director of
Community Development and when
certain specified conditions have
been met, to sell Land Reutilization
Program parcels to adjacent or abutting landowners; and
Whereas,
Oleta
Casteel,
abutting/adjacent landowner, has proposed to the City to purchase and
develop the parcel for yard expansion; and
Whereas, the following conditions
exist:
1. The member of Council from
Ward 12 has consented to the proposed sale;

The City Record
2. The parcel is either less than
4,800 square feet or less than 40 feet
frontage;
3. The proposed purchaser of the
parcel is neither tax delinquent nor
in violation of the Building and
Housing Code; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland
that under Section 183.021 of Codified Ordinances of Cleveland, Ohio
1976, the Commissioner of Purchases and Supplies is authorized, when
directed by the Director of Community
Development,
and
the
Mayor is requested to execute an
Official Deed for and on behalf of
the City of Cleveland, with Oleta
Casteel for the sale and development of Permanent Parcel No. 12502-014
located
at
5511
Maurice
Avenue, according to the Land
Reutilization Program in such manner as best carries out the intent
of the program.
Be it further resolved that the consideration for said parcel shall be
$1.00, which amount is determined to
be not less than the Fair Market
value of said parcel for uses according to the Program.
Yeas: Directors Triozzi, Dumas,
Acting Director Withers, Directors
Smith, Wasik, Carroll, Flask, Cox,
Rush, Hutchinson, Nichols, Fumich,
Interim
Director
Feliciano
and
Director Rybka.
Nays: None.
Absent: Mayor Jackson.
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.
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

897

29
SCHEDULE OF THE BOARD
OF ZONING APPEALS
MONDAY, JUNE 1, 2009
9:30 A.M.
Calendar No. 09-81: 1337 West 116th
Street (Ward 18)
Donald P. Shury, owner, appeals
under the authority of Section 76-6
of the Cleveland City Charter and
Section 329.02(d) of the Cleveland
Codified Ordinances from a Notice of
Violation, issued by the Building
and Housing Department on November 26, 2008 for failure to comply
with the provisions of Sections
357.14 and 349.14(c)(6), regarding
the parking of motor vehicles in the
setback area at the location of 1337
West 116th Street, contrary to the
Cleveland Codified Ordinances.
Calendar No. 09-83: 11633 Clifton
Boulevard (Ward 18)
Lee Solding Company, owner, appeals to establish use of an existing bar to accommodate a social
club with live entertainment and to
construct a roof deck with an
enclosed bar located on the southwest corner of Clifton Boulevard
and West 117th Street in a Local
Retail Business District; subject to
the limitations of Section 343.01, the
proposed social club with live entertainment is not permitted but first
allowed in a General Retail Business District, provided that such
use is not within 500 feet of a Residence District; and the accessory
off-street parking requirement for
the roof deck/bar equal one for
each employee, plus one for each
100 square feet of floor area devoted to patron use or one for each 4
seats based upon the maximum
seating
capacity,
whichever
is
greater, according to the provisions
in Section 349.04(f) of the Cleveland
Codified Ordinances.
Calendar No. 09-84: 1101 Center
Street (Ward 13)
Old River Road Cleveland LLC,
owner, appeal to construct a 9,676
square foot restaurant, night club,
adult cabaret on acreage located in
a General Industry District; and 75
parking spaces are provided contrary to 127 accessory off-street
parking spaces required for 29,028
square foot of floor space, including
an outside patio, according to the
provisions in Section 349.04(e) of the
Cleveland Codified Ordinances.
Calendar No. 09-85: 3540 Croton
Avenue (Ward 5)
The Cuyahoga County Board of
County Commissioners, owner, appeal to erect a 52,916 square foot
correctional institution on acreage
in a General Industry District; and
75 parking spaces are provided,
contrary to the requirement for 176
accessory off-street parking spaces
determined at the rate of one space
per 300 square feet of gross floor
area in accordance with the provisions in Section 349.04(d) of the
Cleveland Codified Ordinances.
Secretary

The City Record

30
REPORT OF THE BOARD
OF ZONING APPEALS
MONDAY, MAY 18, 2009
At the meeting of the Board of
Zoning Appeals on Monday, May 18,
2009, the following appeals were
heard by the Board.
The following appeals were Approved:
Calendar No. 09-70: 1702 West 28th
Street
Kirt Montlack, Ltd. appealed to
change use from office to apartments
an existing four-story building in a
Local Retail Business District.
Calendar No. 09-76: 10801 Meech Avenue
Dumpsties Unlimited LLC appealed to establish use for processing
and storing of landscaping materials for distribution and sale and a
use for recycling and sale of construction debris material in a General Industry District; subject to
condition.
Calendar No. 09-77: 8500 Aetna Avenue
FPT Cleveland LLC appealed to
change and expand use as a scrap
metal processing facility on several
contiguous parcels in a General
Industry District; subject to conditions.

May 20, 2009

pealed to construct a parking lot in
a One-Family District.
Calendar No. 09-71: 8411 Broadway
Avenue
Community Assessments and Treatment Services, Inc. appealed to erect
a one-story correctional halfway house
and a parking lot on consolidated
parcels in split zoning between General Retail Business and Semi-Industry Districts.
Calendar No. 09-73: 3092 Rockefeller
Avenue
Robert Joseph Lands LLC, owner,
and Rockport Construction Materials appealed to construct a batch
plan and office on acreage in an
Unrestricted Industry District.
Calendar No. 09-31: Appeal of Janice
Dillard, 391 Whitethorn Avenue
Janice Dillard appealed from a
decision of the Deputy Commissioner of Park Maintenance and Properties to abate vacant lot nuisance
and bill for service.
The following appeal dismissed
on May 11, 2009 was reinstated on
May 18, 2009:
Calendar No. 09-68: Appeal of Ron A.
Spach
Ron A. Spach appealed from a denied application for a Tow Truck
Driver’s License.
Secretary

The following appeal was Denied:
Calendar No. 09-72: 13835 Lorain
Avenue
J-SET Limited LLC, owner, and
Jesse Adkins dba Fat Boys Sports,
Inc. tenant, appealed from a disapproved application for a Dance Hall
License.
The following appeal was Withdrawn:
None
The following
missed:

appeal

was

Dis-

Calendar No. 09-28: 75 Public Square,
B-100
Northpoint Athletic Club II, Inc.,
owner, and Donald Dzina aka TH &
Sons, tenant, appealed from a denied application for a Dance Hall
License.
The following appeals were Postponed:
Calendar No. 09-69: 9604 Kirkwood
Avenue postponed to July 6, 2009.
Calendar No. 09-74: 11213 Detroit
Avenue postponed to June 15,
2009.
The following appeals heard by
the Board on May 11, 2009 were
adopted and approved on May 18,
2009.
The following appeals were Approved:
Calendar No. 09-66: 4336 East 164th
Street
Cleveland South English Congregation of Jehovah’s Witnesses ap-

REPORT OF THE BOARD
OF BUILDING STANDARDS
AND BUILDING APPEALS
Re: Report of the Meeting of
May 13, 2009
As required by the provisions of
Section 3103.20(2) of the Codified
Ordinances of the City of Cleveland,
Ohio 1976, the following brief of
action of the subject meeting is
given for publication in The City
Record:
*

*

*

Docket A-32-09.
RE:
Appeal
of
Craig
Brown,
Owner of the Two Dwelling Units
Two and One/half Story Frame
Property located on the premises
known as 10009 Adams Avenue from
a NOTICE OF VIOLATION — EXTERIOR
MAINTENANCE,
dated
November 12, 2009 of the Director of
the Department of Building and
Housing, requiring compliance with
the Codified Ordinances of the City
of Cleveland and the Ohio Building
Code (OBC).
Docket A-32-09 has been WITHDRAWN at the request of the Appellant.
*

*

*

Docket A-45-09.
RE: Appeal of Derek Ng (Greenapple Properties LLC), Owner of the
Two Dwelling Units Two-Family
Residence Two and One/half Story
Frame Property located on the
premises known as 9809 Parkview

898

Avenue from a 30 DAY CONDEMNATION ORDER — MS, dated April
11, 2006 of the Director of the
Department of Building and Housing, requiring compliance with the
Codified Ordinances of the City of
Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, reviewing the
conditions of the property and the
circum-stances of the situation, a
motion is in order at this time to
grant the Appellant thirty (30)
days from today’s date to either
obtain permits to correct all the
violations on the property or to
require the City or the Appellant to
demolish the property immediately;
granting the Appellant sixty (60)
days, after obtaining the permits,
to abate all the violations; the
property is REMANDED at this
time to the Department of Building
and Housing for supervision and
any required further action. Motion
so in order. Motioned by Mr. Saunders and seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-50-09.
RE: Appeal of Wilson A. Leece II,
Owner of the One Dwelling Unit
Two and One/half Story Frame
Property located on the premises
known as 3174 West 105th Street
from a NOTICE OF VIOLATION —
EXTERIOR MAINTENANCE, dated
December 3, 2008 of the Director of
the Department of Building and
Housing, requiring compliance with
the Codified Ordinances of the City
of Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant sixty (60) days in which
to obtain permits and abate the violations; the property is REMANDED
at this time to the Department of
Building and Housing for supervision and any required further action. Motion so in order. Motioned by
Mr. Gallagher and seconded by Mr.
Saab.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-51-09.
RE: Appeal of Daniel Johnson Jr.,
Owner of the One Dwelling Unit
Single Family Residence Two and
One/half
Story
Frame
Property
located on the premises known as
3896 East 186th Street from a
NOTICE OF VIOLATION — POOR
WORKMANSHIP, dated October 26,
2008 of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
BE IT RESOLVED, a motion is in
order at this time to find that the
Violation Notice was property issued
and that the property is REMANDED at this time to the Department
of Building and Housing for supervision and any required further
action. Motion so in order. Motioned
by Mr. Saunders and seconded by
Mr. Bradley.

The City Record

May 20, 2009
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-52-09.
RE: Appeal of Sequoia Brown,
Owner of the One Dwelling Unit
Single Family Residence One Story
Frame Property located on the
premises known as 4780 East 173rd
Street from a NOTICE OF VIOLATION — APPURTENANT STRUCTURE, dated January 7, 2009 of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant ninety (90) days in which
to complete rehabilitation of the
property; the property is REMANDED at this time to the Department
of Building and Housing for supervision and any required further
action. Motion so in order. Motioned
by Mr. Gallagher and seconded by
Mr. Bradley.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-53-09.
RE: Appeal of Darryl Parker,
Owner of the Two Dwelling Units
Two-Family Residence Two and
One/half
Story
Frame
Property
located on the premises known as
9809 Parkview Avenue from a 30
DAY CONDEMNATION ORDER —
MS, dated October 10, 2008 of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to require that
permits be obtained by June 15th,
2009; that the exterior renovation be
completed by July 15th, 2009; and
that all renovations and all abatement of violations be completed by
August 15th, 2009; failing any of
these dates, the property will be
REMANDED to the Department of
Building and Housing immediately.
The property is REMANDED at this
time to the Department of Building
and Housing for supervision and
any required further action. Motion
so in order. Motioned by Mr. Saunders and seconded by Mr. Bradley.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-55-09.
RE: Appeal of Spring Hills LLC,
Owner of the Two Dwelling Units
Two-Family Residence Two and
One/half
Story
Frame
Property
located on the premises known as
9219 Adams Avenue from a 30 DAY
CONDEMNATION ORDER — MS,
dated December 18, 2008 of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).
BE IT RESOLVED, noting the
dates of the acquisition of the prop-

erty and the Notice of Violation, a
motion is in order at this time to
DENY the request for additional
time and to REMAND the property
to the Department of Building and
Housing for supervision and any
required further action, pending the
evaluation of the condition of the
property.
Motion
so
in
order.
Motioned by Mr. Gallagher and seconded by Mr. Saab.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-56-09.
RE: Appeal of Richard E. Njoku,
Owner of the Two Dwelling Units
Two-Family Residence Two and
One/half
Story
Frame
Property
located on the premises known as
9219 Adams Avenue from a 14 DAY
CONDEMNATION ORDER — MS,
dated January 2, 2009 of the Director of the Department of Building
and Housing, requiring compliance
with the Codified Ordinances of the
City of Cleveland and the Ohio
Building Code (OBC).
BE IT RESOLVED, based on the
evidence presented, a motion is in
order at this time to DENY the
appeal and to REMAND the property at this time to the Department of
Building and Housing for supervision
and
any
required
further
action, pending the evaluation of
the condition of the property. Motion
so in order. Motioned by Mr. Bradley
and seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-57-09.
RE: Appeal of Jimmie Hendking
Jr., Owner of the One Dwelling Unit
Single Family Residence Two and
One/half
Story
Frame
Property
located on the premises known as
7917 Holton Ct. from a 30 DAY
DETERIORATED CONDEMNATION
ORDER — MS, dated December 2,
2008 of the Director of the Department of Building and Housing,
requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
BE IT RESOLVED, a motion is in
order at this time to DENY the
appeal request for a variance and to
REMAND the property at this time
to the Department of Building and
Housing for supervision and any
required further action, pending the
evaluation of the condition of the
property.
Motion
so
in
order.
Motioned by Mr. Saunders and seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-58-09.
RE: Appeal of Charles J. Davy,
Jr., Owner of the Two Dwelling
Units Two-Family Residence Two
and One/half Story Frame Property
located on the premises known as
1139 Lakeview Road from a 30 DAY
CONDEMNATION ORDER — MS,
dated January 29, 2009 of the Director of the Department of Building

899

31
and Housing, requiring compliance
with the Codified Ordinances of the
City of Cleveland and the Ohio
Building Code (OBC).
BE IT RESOLVED, noting the
condition of the property, the nature
of the appeal, and the absence of
the Appellant, a motion is in order
at this time to DENY the appeal and
to REMAND the property to the
Department of Building and Housing for supervision and any required
further action. Motion so in order.
Motioned by Mr. Saab and seconded
by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-59-09.
RE: Appeal of Kara King, Owner
of the One Dwelling Unit Single
Family Residence Two and One/half
Story Frame Property located on the
premises known as 2208 East 81st
Street from a 30 DAY CONDEMNATION ORDER — MS & GARAGE,
dated February 6, 2009 of the Director of the Department of Building
and Housing, requiring compliance
with the Codified Ordinances of the
City of Cleveland and the Ohio
Building Code (OBC).
Docket A-59-09 has been POSTPONED; to be rescheduled for June
10, 2009.
*

*

*

Docket A-60-09.
RE: Appeal of James Rawlison,
Owner of the Two Dwelling Units
Two-Family Residence Two and
One/half Story Frame/Siding/Masonry
Veneer Property located on the premises known as 1105 East 143rd Street
from a 30 DAY CONDEMNATION
ORDER — MS, dated June 10, 2008
of the Director of the Department of
Building and Housing, requiring
compliance with the Codified Ordinances of the City of Cleveland and
the Ohio Building Code (OBC).
BE IT RESOLVED, noting the
condition
of
the
property,
the
absence of the Appellant, and the
nature of the appeal statement, a
motion is in order at this time to
DENY the appeal and to REMAND
the property at this time to the
Department of Building and Housing for supervision and any required
further action, pending the evaluation of the condition of the property. Motion so in order. Motioned by
Mr. Gallagher and seconded by Mr.
Bradley.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-61-09.
RE: Appeal of Francita Salem,
Owner of the Mixed Uses — Multiple Uses In One Building Two Story
Masonry Walls/Wood Floors Property located on the premises known
as 900 East 123rd Street from a 30
DAY CONDEMNATION ORDER —
MS, dated January 20, 2009 of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).

The City Record

32
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant thirty (30) days in which
to demolish the property; the property is REMANDED at this time to
the Department of Building and
Housing for supervision and any
required further action. Motion so in
order. Motioned by Mr. Saab and seconded by Mr. Bradley.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.

complete abatement of all violations on the property by the end of
July; the property is REMANDED
at this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Gallagher and seconded by
Mr. Saab.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-62-09.
RE:
Appeal
of
Csaba
Varga,
Owner of the One Dwelling Unit Single Family Residence Two Story
Frame Property located on the
premises known as 3448 East 53rd
Street from a 30 DAY CONDEMNATION ORDER, dated October 23,
2007 of the Director of the Department of Building and Housing,
requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
Docket A-62-09 has been POSTPONED; to be rescheduled for June
10, 2009.
*

*

*

Docket A-63-09.
RE: Appeal of Man On A Mission,
LLC, Owner of the Two Dwelling
Units Two-Family Residence Two
and One/half Story Frame Property
located on the premises known as
11906 Ohlman Avenue from a 30
DAY
CONDEMNATION
ORDER,
dated May 13, 2008 of the Director
of the Department of Building and
Housing, requiring compliance with
the Codified Ordinances of the City
of Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, noting that
the permits have been obtained and
that the Appellant is visualizing a
thirty (30) day complete date, a
motion is in order to grant the
Appellant thirty (30) days in which
to complete abatement of the violations; the property is REMANDED
at this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Saab and seconded by Mr.
Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

*

*

*

Docket A-64-09.
RE: Appeal of Nick Varlamos,
Owner of the M Mercantile — Retail
Shops, Carry-out Food Shops One
Story Masonry Local Retail Property
located on the premises known as
4882-4990 Pearl Road from a NOTICE
OF
VIOLATION
—
GENERAL
STRUCTURE, dated February 13,
2009 of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
BE IT RESOLVED, a motion is
in order at this time to grant the
Appellant sixty (60) days in which
to obtain the required permits and

Docket A-66-09.
RE: Appeal of Kevin Grimes/Nakeeda Grimes, Owner of the Three
Dwelling Units Three-Family Residence
Two
and
One/half
Story
Frame Property located on the
premises known as 10102 Parkgate
Avenue from a 30 DAY CONDEMNATION ORDER — MS, dated January 8, 2009 of the Director of the
Department of Building and Housing, requiring compliance with the
Codified Ordinances of the City of
Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order to grant the Appellant three
(3) months in which to abate of the
violations; the property is REMANDED at this time to the Department
of Building and Housing for supervision and any required further
action. Motion so in order. Motioned
by Mr. Saab and seconded by Mr.
Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-73-09.
RE: Appeal of John H. Deleva and
Sherria Scarcipino, Owners of the
One Dwelling Unit Single Family
Residence One and One/half Story
Frame Property located on the
premises known as 1264 West 69th
Street from a NOTICE OF VIOLATION
—
EXTERIOR
MAINTENANCE, dated February 12, 2009 of
the Director of the Department of
Building and Housing, requiring
compliance with the Codified Ordinances of the City of Cleveland and
the Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant ninety (90) days in which
to demolish the property, with the
provision that within two (2) weeks
of approval of this resolution, the
debris on the property, unauthorized
vehicles, etc. be removed from the
property; the property is REMANDED at this time to the Department
of Building and Housing for supervision and any required further
action. Motion so in order. Motioned
by Mr. Bradley and seconded by Mr.
Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-74-09.
RE: Appeal of John H. Deleva
and Sherria Scarcipino, Owners of
the One Dwelling Unit Single Family Residence One and One/half
Story Frame Property located on
the premises known as 1268 West
69th Street from a NOTICE OF VIO-

900

May 20, 2009
LATION — EXTERIOR MAINTENANCE, dated February 12, 2009 of
the Director of the Department of
Building and Housing, requiring
compliance with the Codified Ordinances of the City of Cleveland and
the Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant ninety (90) days in which
to demolish the property, with the
provision that within two (2) weeks
of approval of this resolution, the
debris on the property, unauthorized
vehicles, etc. be removed from the
property; the property is REMANDED at this time to the Department
of Building and Housing for supervision and any required further
action. Motion so in order. Motioned
by Mr. Bradley and seconded by Mr.
Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-75-09.
RE: Appeal of John H. Deleva and
Sherria Scarcipino, Owners of the
Two Dwelling Units Two-Family
Residence One Story Frame Property located on the premises known as
1270
West
69th
Street
from
a
NOTICE OF VIOLATION — EXTERIOR MAINTENANCE, dated February 18, 2009 of the Director of the
Department of Building and Housing, requiring compliance with the
Codified Ordinances of the City of
Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant ninety (90) days in which
to demolish the property, with the
provision that within two (2) weeks
of approval of this resolution, the
debris on the property, unauthorized
vehicles, etc. be removed from the
property; the property is REMANDED at this time to the Department
of Building and Housing for supervision and any required further
action. Motion so in order. Motioned
by Mr. Bradley and seconded by Mr.
Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-76-09.
RE: Appeal of John H. Deleva,
Owner of the Mixed Uses — Multiple Uses In One Building Two and
One/half Story Wood Frame/Siding/Masonry Veneer Property located on the premises known as 6609
Herman Avenue from a NOTICE OF
VIOLATION — EXTERIOR MAINTENANCE, dated February 10, 2009
of the Director of the Department of
Building and Housing, requiring
compliance with the Codified Ordinances of the City of Cleveland and
the Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant forty-five (45) days in
which to complete abatement of all
exterior violations, with the provision that certification by an engineer and a plan of bracing the existing garage be submitted to the
Building Department for the re-

The City Record

May 20, 2009
quired
permits
within
two
(2)
weeks; the property is REMANDED
to the Department of Building and
Housing for supervision and any
required further action Motion so in
order. Motioned by Mr. Bradley and
seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-80-09.
RE: Appeal of Jeffery Deleva,
Owner of the One Dwelling Unit Single Family Residence One and
One/half
Story
Frame
Property
located on the premises known as
1260
West
69th
Street
from
a
NOTICE OF VIOLATION — EXTERIOR MAINTENANCE, dated February 9, 2009 of the Director of the
Department of Building and Housing, requiring compliance with the
Codified Ordinances of the City of
Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant ninety (90) days in which
to demolish the property, with the
provision that within two (2) weeks
of approval of this resolution, the
debris on the property, unauthorized
vehicles, etc. be removed from the
property; the property is REMANDED at this time to the Department
of Building and Housing for supervision and any required further
action. Motion so in order. Motioned
by Mr. Bradley and seconded by Mr.
Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-102-09.
RE: Appeal of Case Western Reserve University (Triangle Towers),
Owner of the Property located on
the premises known as 11457 Mayfield Road from an ADJUDICATION
ORDER, dated March 11, 2009 of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the variance required to allow the building
to be improved by the total count of
seven (7) units with the enhanced
life-safety systems but without the
sprinkler system, noting that should
the building be further enhanced
with more units, the entire building
will be required to be sprinkled.
Motion so in order. Motioned by Mr.
Saunders and seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-145-09.
RE: Appeal of 410 Euclid, Owner
of the Property located on the
premises known as 2015 East 4th
Street
from
an
ADJUDICATION
ORDER, dated April 17, 2009 of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances

of the City of Cleveland and the
Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the variances required to allow the Appellant to cross property lines, with the
provision that the door between the
proposed
garage
and
existing
garage be a rated 1-1/2 hour door,
and that a smoke shutdown be
installed on the garage exhaust fan
to allow the fan to shutdown and
alarm upon detection of smoke.
Motion so in order. Motioned by Mr.
Bradley and seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-154-09.
RE: Appeal of Cleveland Clinic
Foundation, Owner of the Property
located on the premises known as
2060 East 89th Street from an ADJUDICATION ORDER, dated April 21,
2009 of the Director of the Department of Building and Housing,
requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
BE IT RESOLVED, a motion is
in order at this time to grant the
variance to the travel distance
increasing
it
to
four
hundredeighty (480) feet from a three hundred (300) feet travel distance,
with the provision that the exits
formerly used as a full time exit
have signage posted to state that
the exit will be operational under
emergency conditions only and that
the card swipe will be deactivated
or allowed to be open during a fire
alarm condition and that the pull
station will be relocated to that
area to and remove the exit sign,
and to allow the handicapped elevator to be used as a described,
never at the jeopardy of a handicapped person, for an occasional
cart transport between floors and
to allow the bus station to remain
without extensive structural calculations, but depending upon the
structural review of the suitability
and strength of the anchoring
method being used, also noting the
successful use of the unit and the
anchoring system in previous and
current bus stations. Motion so in
order. Motioned by Mr. Bradley and
seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

33
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-122-08 — Lashunda S.
Lee — 7808 Central Avenue:
A motion is in order at this time
to DENY the Appellant’s request for
an Extension of Time and to REMAND the property to the Department of Building and Housing for
supervision and any required further action. Motion so in order.
Motioned by Mr. Saunders and seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

Docket A-166-08 — John Haytas —
1426 East 173rd Street:
A motion is in order at this time
to grant the Appellant two (2)
weeks in which to obtain permits
and to DENY the request for an Extension of Time; the property is REMANDED to the Department of
Building and Housing for supervision and any required further action
to ensure satisfactory progress. Motion so in order. Motioned by Mr.
Bradley and seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

APPROVAL OF RESOLUTIONS
Separate motions were entered by
Mr. Bradley and seconded by Mr.
Gallagher for Approval and Adoption of the Resolutions as presented
by the Secretary for the following
Dockets respectively, subject to the
Codified Ordinances of the City of
Cleveland and the Ohio Building
Code (OBC):
A-24-09—MBP, LLC.
A-29-09—Darryl DeFranco.
A-31-09—R & L Holdings LLC.
Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*

APPROVAL OF MINUTES:
Separate motions were entered by
Mr. Gallagher and seconded by Mr.
Bradley for Approval and Adoption
of the Minutes as presented by the
Secretary, subject to the Codified
Ordinances of the City of Cleveland
and the Ohio Building Code (OBC):

EXTENSION OF TIME:
April 29, 2009
Docket A-121-08 — Andrea D.C.
Johnson — 1834 East 97th Street:
A motion is in order at this time
to grant the Appellant two (2)
weeks in which to obtain permits
and ninety (90) days in which to
complete abatement of the violations; should the Appellant fail to
meet either date, the property is
REMANDED to the Department of
Building and Housing for appropriate further action. Motion so in
order. Motioned by Mr. Saunders and
seconded by Mr. Gallagher.

901

Yeas: Messrs. Denk, Saunders, Gallagher, Saab, Bradley. Nays: None.
*

*

*
Secretary

PUBLIC NOTICE

NONE

The City Record

34
NOTICE OF PUBLIC HEARING
_____________
Notice of Public Hearing
By the Council Committee
On City Planning
Mercedes Cotner
Committee Room 217
City Hall, Cleveland, Ohio
On Wednesday, May 27, 2009
1:00 p.m.
Notice is hereby given to all interested property owners that the
Council Committee on City Planning
will hold a public hearing in the
Mercedes Cotner Committee Room
217, City Hall, Cleveland, Ohio, on
Wednesday, May 27, 2009, at 1:00
p.m., to consider the following ordinances now pending in the Council:
Ord. No. 414-09.
By Council Member Keane.
An ordinance to change the zoning of a parcel of land on the south
side of Riveredge Rd. (Old Lorain)
from Multi-Family Residential to
Local Retail Business (Map Change
No. 2274, Sheet No. 12).
Ord. No. 556-09.
By Council Member Brady.
An ordinance to change the zoning of lands on the east and west
sides of Bellaire Road between
Hirst Avenue and West 130th Street
as shown on the attached map (Map
Change No. 2276, Sheet 12).
Ord. No. 557-09.
By Council Member Mitchell.
An ordinance to change the zoning of property located on the north
side of Central Avenue and the
south side of Golden Avenue between East 79th Street and East
83rd Street to Multi-Family Residential and a ‘1’ Height District (Map
Change No. 2275, Sheet 5).
All interested persons are urged
to be present or to be represented at
the above time and place.
Joseph C. Cimperman
Chairman
Committee on City Planning
_____
May 13, 2009 and May 20, 2009

CITY OF CLEVELAND BIDS

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.”
THURSDAY, MAY 28, 2009
File No. 79-09 — West 121st Street
Extension, for the Division of
Engineering and Construction, Department of Public Service, as
authorized by Ordinance Nos. 207205 and 457-08, passed by the Council of the City of Cleveland, February 13, 2006 and May 12, 2008,
respectively.
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,
NO
CASH
AND
NO
CREDIT
CARDS WILL BE ACCEPTED).
THERE WILL BE A MANDATORY
PRE-BID MEETING, THURSDAY,
MAY 21, 2009 AT 10:00 A.M., THE
CLEVELAND CITY HALL, ROOM
518, 601 LAKESIDE AVENUE,
CLEVELAND, OHIO 44114.
**ONLY
ODOT
PRE-QUALIFIED
CONTRACTORS ARE ELIGIBLE
TO SUBMIT BIDS FOR THIS
PROJECT**
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE WHO DOES NOT ATTEND A MANDATORY PRE-BID
CONFERRENCE.

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

File No. 81-09 — Former Coast
Guard Station Phase I — Roof Replacement Boat House and Lantern Roof, for the Division of
Architecture, Department of Public Service, as authorized by Ordinance No. pending.
THERE WILL BE A REFUNDABLE FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT
OF A FIFTY DOLLARS ($50.00)
IN THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER. (NO COMPANY CHECKS,
NO
CASH
AND
NO
CREDIT
CARDS WILL BE ACCEPTED).

902

May 20, 2009
THERE WILL BE A MANDATORY
PRE-BID MEETING THURSDAY,
MAY 21, 2009 AT 10:00 A.M., THE
SITE OF THE FORMER COAST
GUARD
STATION,
WHISKEY
ISLAND, 1000 CUYAHOGA RIVER
ROAD, CLEVELAND, OHIO, 44113.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE WHO DOES NOT ATTEND A MANDATORY PRE-BID
CONFERRENCE.
May 13, 2009 and May 20, 2009
THURSDAY, JUNE 4, 2009
File No. 73-09 — Liquid Chlorine, for
the Division of Water, Department
of Public Utilities, as authorized by
Section No. 129.24 of the Codified
Ordinances of Cleveland, Ohio,
1976.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING,
FRIDAY, MAY 22, 2009 AT 2:30
P.M., THE CARL B. STOKES PUBLIC UTILITIES BUILDING, 1201
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.
File No. 77-09 — Various Mowers and
Cutting
Equipment
Parts
and
Labor, 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, MAY 26, 2009 AT 10:30 A.M.,
THE DIVISION OF MOTOR VEHICLE MAINTENANCE, 4150 EAST
49TH
STREET,
CLEVELAND,
OHIO 44105.
File No. 80-09 — Reclaimed or Virgin Asphalt Concrete, for the Division of Streets, Department of
Public Service, as authorized by
Ordinance No. 1769-08 passed by
the Council of the City of Cleveland, March 2, 2009.
THERE WILL BE A NON-MANDATORY
PRE-BID MEETING
THURSDAY, MAY 21, 2009 AT
10:30 A.M., THE DIVISION OF
STREETS, ROOM 25, LAKESIDE
AVENUE, CLEVELAND, OHIO,
44114.
May 13, 2009 and May 20, 2009
WEDNESDAY, JUNE 10, 2009
File No. 75-09 — Transfer and Disposal of Tires — Contract T, for
the Division of Waste Collection,
Department of Public Service, as
authorized by Ordinance No. 182008, passed by the Council of the
City of Cleveland, January 5,
2009.
THERE WILL BE A NON-MANDATORY
PRE-BID MEETING
WEDNESDAY, MAY 27, 2009 AT
12:00 P.M., THE WASTE COLLECTION, 5600 CARNEGIE AVENUE,
CLEVELAND, OHIO 44103.
File No. 76-09 — Disposal of Construction and Demolition Debris —
Contract C & D, for the Division of
Waste Collection, Department of

May 20, 2009
Public Service, as authorized by
Ordinance No. 1821-08, passed by
the Council of the City of Cleveland, January 12, 2009.
THERE WILL BE A NON-MANDATORY
PRE-BID MEETING
WEDNESDAY, MAY 27, 2009 AT
10:00 A.M., THE WASTE COLLECTION, 5600 CARNEGIE AVENUE,
CLEVELAND, OHIO 44103.
File No. 78-09 — Holton Substation
and Transmission Lines, for the
Division
of
Cleveland
Public
Power, Department of Public Utilities, as authorized by Ordinance
No. 556-08, passed by the Council
of the City of Cleveland, June 9,
2008.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT OF A
ONE HUNDRED DOLLARS ($100.00)
IN THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER. (NO COMPANY CHECKS,
NO
CASH
AND
NO
CREDIT
CARDS WILL BE ACCEPTED).
THERE WILL BE A MANDATORY
PRE-BID MEETING, FRIDAY, MAY
22, 2009 AT 10:00 A.M., THE CLEVELAND
PUBLIC
POWER,
1300
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE
WHO
DOES
NOT
ATTEND A MANDATORY PREBID CONFERRENCE.
May 13, 2009 and May 20, 2009
FRIDAY, JUNE 19, 2009
File No. 74-09 — Laboratory Services
for Water Quality Analysis, for the
Division of Water, Department of
Public Utilities, as authorized by
Ordinance No. 485-96, passed by
the Council of the City of Cleveland, May 6, 1996.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING,
FRIDAY, MAY 22, 2009 AT 3:30
P.M., THE CARL B. STOKES PUBLIC UTILITIES BUILDING, 1201
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.
May 13, 2009 and May 20, 2009

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Department of Finance, as authorized by Ordinance No. pending,
passed by the Council of the City
of Cleveland, pending.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING,
MONDAY, JUNE 1, 2009 AT 10:30
A.M., THE CLEVELAND CITY
HALL, DIVISION OF PURCHASES
AND SUPPLIES, ROOM 128, 601
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.
File No. 86-09 — Gordon Square
Kennedy Parking Lot Site Improvements, for the Division of
Research Planning and Development, Department of Parks, Recreation and Properties, as authorized
by Ordinance No. 872-08, passed by
the Council of the City of Cleveland, June 9, 2008.
THERE WILL BE A REFUNDABLE FEE FOR PLANS/SPECIFICATIONS IN THE AMOUNT
OF A FIFTY DOLLARS ($50.00)
IN THE FORM OF A CASHIER’S
CHECK AND/OR MONEY ORDER. (NO COMPANY CHECKS,
NO
CASH
AND
NO
CREDIT
CARDS WILL BE ACCEPTED).
THERE WILL BE A MANDATORY
PRE-BID MEETING, THURSDAY,
MAY 28, 2009 AT 11:30 A.M., THE
BURKE LAKEFRONT AIRPORT,
FIRST
FLOOR
CONFERENCE
ROOM, 1501 NORTH MARGINAL
ROAD, CLEVELAND, OHIO 44114.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE
WHO
DOES
NOT
ATTEND A MANDATORY PREBID CONFERRENCE.
May 20, 2009 and May 27, 2009
THURSDAY, JUNE 11, 2009
File No. 83-09 — Towel and Linen Services, for the Various Divisions of
City Government, Department of
Finance, as authorized by Section
No. 181.101 of the Codified Ordinances of Cleveland, Ohio, 1976.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING,
TUESDAY, JUNE 2, 2009 AT 10:30
A.M., THE DIVISION OF PURCHASES AND SUPPLIES, ROOM
128, 601 LAKESIDE AVENUE,
CLEVELAND, OHIO 44114.

FRIDAY, JUNE 5, 2009
File No. 84-09 — Exterminating Services (Re-Bid), for the Various
Divisions of City Government,
Department of Finance, as authorized by Section No. 181.101 of the
Codified Ordinances of Cleveland,
Ohio, 1976.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING,
FRIDAY, MAY 29, 2009 AT 10:30
A.M., THE DIVISION OF PURCHASES AND SUPPLIES, ROOM
128, 601 LAKESIDE AVENUE,
CLEVELAND, OHIO 44114.

May 20, 2009 and May 27, 2009
WEDNESDAY, JUNE 17, 2009

WEDNESDAY, JUNE 10, 2009

File No. 85-09 — Cremations or Indigent Burial Services, for the Division of Vital Statistics, Department
of Public Health, as authorized by
Ordinance No. pending, passed by
the Council of the City of Cleveland, pending.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING,
WEDNESDAY, JUNE 3, 2009 AT
10:30 A.M., THE CITY OF CLEVELAND,
PUBLIC
HEALTH,
75
ERIE
VIEW
PLAZA,
CLEVELAND, OHIO 44114.

File No. 82-09 — Labor and Materials
Necessary to Maintain or Repair
Overhead Doors, for the Various
Divisions of City Government,

File No. 87-09 — Manholes, Castings,
Pullboxes and Grating, for the Division of Cleveland Public Power,
Department of Public Utilities, as

May 20, 2009 and May 27, 2009

903

35
authorized by Section Nos. 129.25,
129.26 and 129.27 of the Codified
Ordinances of Cleveland, Ohio,
1976.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING,
FRIDAY, MAY 29, 2009 AT 11:00
A.M., THE TOM L. JOHNSON
BUILDING, 1300 LAKESIDE AVENUE, CLEVELAND, OHIO 44114.
File No. 88-09 — Labor and Materials for the Maintenance, Repair
or Replacement of Test Equipment and Training as Necessary,
for the Division of Cleveland Public Power, Department of Public
Utilities, as authorized by Ordinance No. 896-07, passed by the
Council of the City of Cleveland,
August 8, 2007.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING,
THURSDAY, MAY 28, 2009 AT 10:00
A.M., THE TOM L. JOHNSON
BUILDING, 1300 LAKESIDE AVENUE, CLEVELAND, OHIO 44114.
May 20, 2009 and May 27, 2009

ADOPTED RESOLUTIONS
AND ORDINANCES

Res. No. 679-09.
By Council Member Cleveland.
An emergency resolution objecting to the transfer of Liquor License
of a D5 and D6 Liquor Permit to
1800 Euclid Avenue.
Whereas, Council has been notified by the Department of Liquor
Control of an application for a
transfer of Liquor License of a D5
and D6 Liquor Permit from 1059
Old River, Inc., Melvin Banchek,
Rcvr., 621 Johnson Court, Cleveland, Ohio 44113, Permanent Number 8838696 to 18 Euc Lastchance,
Inc., 1800 Euclid Avenue, Cleveland, Ohio 44113, Permanent Number 2455418; 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

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36
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 a transfer
of Liquor License of a D5 and D6
Liquor Permit from 1059 Old River,
Inc., Melvin Banchek, Rcvr., 621
Johnson
Court,
Cleveland,
Ohio
44113, Permanent Number 8838696 to
18 Euc Lastchance, Inc., 1800 Euclid
Avenue, Cleveland, Ohio 44113, Permanent Number 2455418, 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.
Adopted May 11, 2009.
Effective May 12, 2009.

Res. No. 680-09.
By Council Member Polensek.
An emergency resolution withdrawing objection to the transfer of
stock of a D1, D2, D3 and D3A
Liquor Permit at 800 East 200th
Street and repealing Resolution No.
426-09, objecting to said transfer.
Whereas, this Council objected to
the transfer of stock of a D1, D2, D3
and D3A Liquor Permit to Hokavars,
Inc., DBA 800 Club, 800 East 200th
Street, Cleveland, Ohio 44119, Permanent No. 3909236, by Resolution
No. 427-09 adopted by the Council on
March 30, 2009; and
Whereas, this Council wishes to
withdraw its objection to the above
transfer and consents to said transfer based upon and pursuant to a
cooperation agreement by and between Councilmember Michael D.
Polensek and Applicant Edgardo
Morales, CEO of Hokavars, Inc.; 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 D1,
D2, D3 and D3A Liquor Permit to
Hokavars, Inc., DBA 800 Club, 800
East 200th Street, Cleveland, Ohio
44119, Permanent No. 3909236, be and
the same is hereby withdrawn and
Resolution No. 426-09, containing
such objection, be and the same is
hereby repealed and that this Council consents to the immediate transfer 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 May 11, 2009.
Effective May 12, 2009.

May 20, 2009
Res. No. 681-09.
By Council Member Polensek.
An emergency resolution withdrawing objection to the transfer of
ownership of a D5 and D6 Liquor
Permit at 770 East 185th Street, and
repealing
Resolution
No.
513-09,
objecting to said transfer.
Whereas, this Council objected to
the transfer of ownership of a D5
and D6 Liquor Permit to Winners on
185th, LLC, DBA Winners Sports
Club and Grill), 770 East 185th
Street, Cleveland, Ohio 44110, Permanent No. 9710420, by Resolution
No. 513-09 adopted by the Council on
April 20, 2009; and
Whereas, this Council wishes to
withdraw its objection to the above
transfer and consents to said transfer based upon and pursuant to a
cooperation agreement by and between Councilman Michael D. Polensek and Applicants Charlene Maynard and Rodney Weems, CEO and
President of Winners on 185th, LLC;
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 Winners on
185th, LLC, DBA Winners Sports
Club and Grill, 770 East 185th Street,
Cleveland, Ohio 44110, Permanent
Number 9710420 be and the same is
hereby withdrawn and Resolution
No. 513-09, containing such objection,
be and the same is hereby repealed
and that this Council consents to the
immediate transfer 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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 280-09.
By Council Member Cimperman.
An ordinance to change the Use District of land on the southeast corner of East 30th Street and Saint Clair
Avenue to Residence Office. (Map Change No. 2272 Sheet No. 4).
Be it ordained by the Council of the City of Cleveland:
Section 1. That the Use District of lands bounded and described as follows:
Beginning in the centerline of Saint Clair Avenue at its intersection with the northerly prolongation of the
centerline of East 30th Street;
Thence northeasterly along said centerline of Saint Clair Avenue to its intersection with the northwesterly
prolongation of the southwesterly line of a parcel of land conveyed to Zhang-Tang, Guo & Liang, Fang by deed
dated June 20th, 2007 and recorded in Auditor’s File Number 200706200458, said parcel also being known as
Cuyahoga County’s Permanent Parcel Number 102-18-003;
Thence southeasterly along said northwesterly prolongation of said southwesterly line to its intersection with
the southeasterly line thereof;
Thence northeasterly along said southeasterly line to its intersection with the southwesterly line of Sublot
Number 7 in the John M. Sterling Subdivision shown on the recorded plat in Volume 2, Page 12 of Cuyahoga
County Map Records;

904

May 20, 2009

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37

Thence southeasterly along said southwesterly line and along its southeasterly prolongation to its intersection
with the northwesterly line of a parcel of land conveyed to Marianne Telman by deed dated October 19, 2005,
said parcel also being known as Cuyahoga County’s Permanent Parcel Number 102-18-050;
Thence southwesterly along said northwesterly line and along its southwesterly prolongation to its intersection
with the centerline of East 30th Street;
Thence northwesterly along said centerline of East 30th Street and along its northwesterly prolongation to its
intersection with the centerline of Saint Clair Avenue at the principal place of beginning.
and as shaded on the attached map is changed to a Residence Office District.
Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No.
2272, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office
of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person
designated for this purpose by the City Planning Commission.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by
law.

Passed May 11, 2009.
Effective June 10, 2009.

905

38
Ord. No. 449-09.
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. 66839 with In-TerSpace Services, Inc., d/b/a Interspace Airport Advertising to provide
for additional advertising services.
Whereas, under Ordinance No.
2136-05, passed April 10, 2006, this
Council authorized the Director of
Port Control to enter into one or
more concession agreements to provide on-site terminal advertising services; and
Whereas, under the authority of
Ordinance No. 2136-05 the Director of
Port Control entered into Contract
No. 66839 with In-Ter-Space Services,
Inc., d/b/a Interspace Airport Advertising; and
Whereas, additional services are
desired; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Port Control is authorized to enter
into an amendment to Contract No.
66839 with In-Ter-Space Services,
Inc., d/b/a Interspace Airport Advertising to develop, construct, install,
operate, maintain and sell exterior
advertising services at Cleveland
Hopkins International Airport. The
total number of advertising signs
shall not exceed twenty and shall
all be located on the footprint of the
Airport, on the non-airfield side
only. The map shown in the executive summary contained in File No.
449-09-A indicates possible, but not
the only possible, sign locations, but
notwithstanding those indications,
no sign shall be placed in the area
between the Main Terminal and
Concourse A.
Section 2. The concession fee to be
paid to the City under the amendment or amendments authorized by
this ordinance shall be based on the
formula established in Contract No.
66839.
Section 3. That the amendment
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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 454-09.
By Council Members Brady and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Service to employ by contract or contracts one or more professional consultants or one or more firms of
professional consultants necessary

The City Record
to perform geotechnical and environmental engineering services, environmental material and testing, and
other consulting services; and authorizing the Commissioner of Purchases and Supplies to acquire for
right-of-way purposes such easements as are necessary to perform
the geotechnical and environmental
engineering services.
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, if the Council and
the City sells general obligation
bonds which include this purpose,
the Director of Public Service is
authorized to employ by contract or
contracts one or more professional
consultants or one or more firms of
professional consultants for the
purpose of supplementing the regularly employed staff of the several
departments of the City of Cleveland in order to perform geotechnical and environmental engineering
services, environmental and material testing, and other consulting
services.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Public Service from a list of qualified consultants available for employment as
may be determined after a full and
complete canvass by the Director of
Public Service 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 Public
Service, and certified by the Director of Finance.
Section 2. That, notwithstanding
any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to
the contrary, the Commissioner of
Purchases and Supplies is authorized to acquire for right-of-way purposes such easements as are necessary to perform the geotechnical
and environmental engineering services. The consideration to be paid
for the easements shall not exceed
fair market value.
Section 3. That the Director of
Public Service is authorized to execute on behalf of the City all documents necessary to acquire the easements and to employ and pay all
fees for title companies, surveys,
escrows, appraisers, and all other
costs necessary for the acquisition
of the easements.
Section 4. That the cost of the services authorized shall be paid from
the fund or funds to which are credited the proceeds of the sale of general obligation bonds for 2009, if
authorized by this Council and sold
by the City, issued for the purpose
which includes the above improvement.
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

906

May 20, 2009
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed May 11, 2009.
Effective May 12, 2009.

Ord. No. 456-09.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance to extend
the retirement dates of various
police and fire personnel, for a one
year period for the Divisions of
Police and Fire, Department of Public Safety.
Whereas, Section 135.07 of the
Codified Ordinances of Cleveland,
Ohio, 1976, provides that members of
the Divisions of Police and Fire in
the Department of Public Safety,
attaining the age of sixty-five years,
on written request to the Police or
Fire Chief, shall continue on active
duty on a year-to-year basis subject
to the approval of the Department
of Public Safety and this Council;
and
Whereas, the police and fire personnel which are the subject of this
ordinance possess great wealth of
knowledge and expertise and have
proven invaluable in attaining the
goals of the Divisions of Police and
Fire, Department of Public Safety;
and
Whereas, the Director of Public
Safety has approved the continuation on active duty for the abovenamed police and fire personnel; 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 Lieutenant Edward Lentz of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on August
14, 2009, and that this continuation
is approved by this Council.
Section 2. That Captain David
Good of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on October 12, 2009, and that this continuation is approved by this Council.
Section 3. That Captain Gerald
Ruckgaber of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on July
14, 2009, and that this continuation
is approved by this Council.
Section 4. That Officer William
Salupo of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on June
9, 2009, and that this continuation is
approved by this Council.
Section 5. That Sergeant Ralph
DiCorpo, of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on January 7, 2009, and that this continuation is approved by this Council.
Section 6. That Captain Robert
Longer, of the Division of Police,
Department of Public Safety, shall

May 20, 2009
continue on active duty for a one
(1) year period beginning on May
26, 2009, and that this continuation
is approved by this Council.
Section 7. That Lieutenant Robert
Nowakowski, of the Division of
Police, Department of Public Safety,
shall continue on active duty for a
one (1) year period beginning on
June 1, 2009, and that this continuation is approved by this Council.
Section 8. That Officer Henry
Tobias, of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on October 23, 2009, and that this continuation is approved by this Council.
Section 9. That Officer David Eckstein, of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on December 31, 2009, and that this continuation is approved by this Council.
Section 10. That Captain Joseph
Sadie, of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on April
8, 2009, and that this continuation is
approved by this Council.
Section 11. That Officer Delmas
O’Neal, of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on October 24, 2009, and that this continuation is approved by this Council.
Section 12. That Officer Joseph
James, of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on December 2, 2009, and that this continuation is approved by this Council.
Section 13. That Officer Dorothy
Ward, of the Division of Police,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on December 6, 2009, and that this continuation is approved by this Council.
Section 14. That Captain Phyllis
Trappenberg, of the Division of
Police, Department of Public Safety,
shall continue on active duty for a
one (1) year period beginning on
December 12, 2009, and that this continuation is approved by this Council.
Section 15. That Lieutenant George
Jenkins of the Division of Fire,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on October 10, 2009, and that this continuation is approved by Council.
Section 16. That Lieutenant Robert Kazimore of the Division of Fire,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on November 25, 2009, and that this continuation is approved by Council.
Section 17. That Firefighter Kenneth Gilson of the Division of Fire,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on December 22, 2009, and that this continuation is approved by Council.
Section 18. That Lieutenant John
M. Campolieti of the Division of
Fire, Department of Public Safety,

The City Record
shall continue on active duty for a
one (1) year period beginning on
August 16, 2009, and that this continuation is approved by Council.
Section 19. That Battalion Captain
George Haynik, of the Division of
Fire, Department of Public Safety,
shall continue on active duty for a
one (1) year period beginning on
March 6, 2009, and that this continuation is approved by Council.
Section 20. That Firefighter Thomas
Keco, of the Division of Fire, Department of Public Safety, shall continue on active duty for a one (1)
year period beginning on July 2,
2009, and that this continuation is
approved by Council.
Section 21. That Firefighter Stanley Fodor, of the Division of Fire,
Department of Public Safety, shall
continue on active duty for a one
(1) year period beginning on September 28, 2009, and that this continuation is approved by Council.
Section 22. That Firefighter Thomas
Albrecht, of the Division of Fire,
Department of Public Safety, shall
continue on active duty for a one (1)
year period beginning on November
29, 2009, and that this continuation
is approved by Council.
Section 23. 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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 504-09.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of chemicals
needed to control the growth of tree
roots, including labor and materials
needed for application, for the Division of Water Pollution Control,
Department of Public Utilities, for a
period of one year.
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 requirement contracts under the Charter
and the Codified Ordinances of
Cleveland, Ohio, 1976, for the requirements for a one year period of
the necessary items of chemicals
needed to control the growth of tree
roots, including labor and materials
needed
for
application,
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 Water Pollution Control, Department of Public
Utilities. Bids shall be taken in a
manner that permits an award to be
made for all items as a single con-

907

39
tract, 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
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 180016)
Section 3. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements
with
other
governmental
agencies. The Director of Public
Utilities may sign all documents
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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 554-09.
By Council Members Cimperman,
Pierce Scott and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Economic Development to enter into contract with
Uhrman Development, LLC to provide economic development assistance to partially finance the project costs to relocate State Industrial Projects to a site which will
become available due to the reconfiguring of the area known as Dead
Man’s Curve and other associated
costs necessary to redevelop the
property; authorizing an agreement
between the City, the State of Ohio,
and Urhman Development, LLC.
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
Economic Development is authorized to enter into one or more various types of loan agreements and
forgivable loans under the Vacant
Property Initiative with Uhrman Development, LLC to provide economic
development assistance to partially
finance the project costs to relocate
State Industrial Projects to a site
which will become available due to

40
the reconfiguring of the area known
as Dead Man’s Curve and other associated costs necessary to redevelop
the property.
Section 2. That the terms of the
loan shall be according to the terms
set forth in the Summary contained
in File No. 554-09-A, made a part of
this ordinance as if fully rewritten,
as presented to the Finance Committee of this Council at the public
hearing on this legislation, and are
approved in all respects and shall
not be changed without additional
legislative authority.
Section 3. That the costs of the
agreements shall not exceed $2,000,000,
and shall be paid from Fund No. 17
SF 008. Request No. 123985.
Section 4. That the Director of
Economic Development is authorized to accept the collateral as set
forth in the file referenced above in
order to secure repayment of the
loan. Any loan agreement, security
instrument, or other document shall
be prepared and approved by the
Director of Law.
Section 5. That the Director of
Economic Development is authorized to accept monies in repayment
of the loan and to deposit the
monies in Fund No. 17 SF 006.
Section 6. That the Director of
Economic Development is authorized to charge and accept fees in
an amount not to exceed the maximum allowable fees under federal
regulations and the fees are appropriated to cover costs incurred in
the preparation of the loan application, closing and servicing of the
loan. The fees shall be deposited to
and expended from Fund No. 17 SF
305, Loan Fees Fund.
Section 7. That the contract and
other appropriate documents needed
to complete the transaction authorized by this legislation shall be prepared by the Director of Law.
Section 8. The contract authorized
in this legislation will require the
recipient of financial assistance to
work with The Workforce Investment Board for Workforce Area No.
3 to identify and solicit qualified
candidates
for
job
opportunities
related to the City’s contracts, and
place special emphasis on the hard
to employ, including but not limited
to the disabled and persons who
have been convicted of or have pled
guilty to a criminal offense, unless
the criminal conviction or related
circumstances relate to the duties
for the particular job sought.
Section 9. That the Director of
Economic Development is authorized to enter into an agreement
with the State of Ohio and Uhrman
Development, LLC regarding the
development and financing of the
project.
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.
Passed May 11, 2009.
Effective May 12, 2009.

The City Record
Ord. No. 591-09.
By Council Members Brancatelli and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
Case Western Reserve University
for the Case Western Biostatistics
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 Health is authorized to apply
for and accept a grant in the
approximate amount of $140,481, and
any other funds that may become
available during the grant term
from Case Western Reserve University to conduct the Case Western
Biostatistics
Program;
that
the
Director is authorized to file all
papers and execute all documents
necessary to receive the funds under
the grant; and that the funds are
appropriated
for
the
purposes
described in the summary for the
grant contained in the file described
below.
Section 2. That the summary for
the grant, File No. 591-09-A, made
a part of this ordinance as if fully
rewritten,
as
presented
to
the
Finance Committee of this Council
at the public hearing on this legislation, is approved in all respects
and shall not be changed without
additional legislative authority.
Section 3. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 4. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 592-09.
By Council Members Brancatelli and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
Mount Sinai Health Care Foundation
for the Making Greater Cleveland
Lead Safe Program.
Whereas, this ordinance constitutes an emergency measure provid-

908

May 20, 2009
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 the Director of
Public Health is authorized to apply
for and accept a grant in the
approximate amount of $42,350, and
any other funds that may become
available during the grant term
from Mount Sinai Health Care Foundation
to
conduct
the
Making
Greater Cleveland Lead Safe Program; that the Director is authorized to file all papers and execute
all documents necessary to receive
the funds under the grant; and that
the funds are appropriated for the
purposes described in the summary
for the grant contained in the file
described below.
Section 2. That the summary for
the grant, File No. 592-09-A, made a
part of this ordinance as if fully
rewritten,
as
presented
to
the
Finance Committee of this Council
at the public hearing on this legislation, is approved in all respects
and shall not be changed without
additional legislative authority.
Section 3. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 4. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 593-09.
By Council Members Brancatelli and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
AIDS Funding Collaborative for the
HIV/AIDS Housing Information Integration Project.
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 Health is authorized to apply
for and accept a grant in the approximate amount of $25,000, and
any other funds that may become
available during the grant term
from AIDS Funding Collaborative to

May 20, 2009

The City Record

conduct the HIV/AIDS Housing Information Integration Project; that
the Director is authorized to file all
papers and execute all documents
necessary to receive the funds under
the grant; and that the funds are
appropriated for the purposes described in the summary for the
grant contained in the file described
below.
Section 2. That the summary for
the grant, File No. 593-09-A, made a
part of this ordinance as if fully rewritten, as presented to the Finance
Committee of this Council at the
public hearing on this legislation, is
approved in all respects and shall
not be changed without additional
legislative authority.
Section 3. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 4. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
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 May 11, 2009.
Effective May 12, 2009.

public hearing on this legislation
and shall not be changed without
additional legislative authority, is
approved in all respects, including
the obligation to devote program
income, in the estimated amount of
$1,000.00, from first and third party
billings.
Section 3. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 4. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
Section 5. That the Director of
Public
Health
is
authorized
to
charge and accept fees from participants of this program and to deposit those fees into a revolving
fund which will be used to provide
additional
materials,
equipment,
supplies, and services under the program described in the file, and the
funds are appropriated for that purpose.
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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 594-09.
By Council Members Brancatelli and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
Ohio Department of Health for the
Women’s Health Services 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 Health is authorized to apply
for and accept a grant in the
approximate amount of $97,781 and
any other funds that may become
available during the grant term,
from Ohio Department of Health to
conduct the Women’s Health Services Program; that the Director is
authorized to file all papers and
execute all documents necessary to
receive the funds under the grant;
and that the funds are appropriated
for the purposes set forth in the
summary for the grant contained in
the file described below.
Section 2. That the summary for
the grant, File No. 594-09-A, made a
part of this ordinance as if fully rewritten, as presented to the Finance
Committee of this Council at the

Ord. No. 595-09.
By Council Members Brancatelli,
Cimperman and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
accept a grant from the Ohio Environmental Protection Agency for
financial assistance for the operation of the Division of Air Quality;
authorizing the director to enter
into one or more purchase contracts
for various services, equipment and
supplies; authorizing the director to
enter into one or more contracts
with various agencies or entities
necessary to operate the Division of
Air Quality; determining the method
of making the public improvement
of constructing, rehabilitating, renovating, replacing, or otherwise improving air monitoring sites and
other similar structures on cityowned
and
city-leased
property;
authorizing the director to enter
into one or more public improvement
contracts to construct the improvement; and authorizing the director
to employ one or more professional
consultants necessary to design the
improvement.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,

909

41
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Public
Health
is
authorized
to
accept a grant in the approximate
amount of $3,143,610, and any other
funds that become available during
the grant term, from the Ohio Environmental Protection Agency for
financial assistance for the operation of the Division of Air Quality
in accordance with the purposes set
forth in the summary; that the
Director of Public Health is authorized to file all papers and execute
all documents necessary to receive
the funds under the grant; and that
the funds are appropriated for the
purposes in the summary for the
grant.
Section 2. That the summary for
the grant, File No. 595-09-A, made a
part of this ordinance as if fully
rewritten herein, as presented to
the Finance Committee of this
Council at the public hearing on
this legislation is approved in all
respects, 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
$393,000 from Fund No. 01-500701639905, in order the receive the
grant from the Ohio Environmental
Protection
Agency,
as
a
passthrough from the U.S. Environmental Protection Agency.
Section 3. That the Director of
Public Health 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 grant period of the necessary
items of materials, equipment, services, and supplies needed as described in the file, to be purchased
by the Commissioner of Purchases
and Supplies upon a unit basis for
the Division of Air Quality, Department of Public Health. 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 grant term
may be taken if deemed desirable
by the Commissioner of Purchases
and Supplies until provision is made
for the requirements for the entire
term.
Section 4. 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.
Section 5. That the Director of
Public Health 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
during the term of the grant: vari-

42
ous types of monitoring equipment,
OEPA-required equipment and their
associated parts, and other materials, equipment, supplies, and services
needed
to
implement
the
grant, to be purchased by the Commissioner of Purchases and Supplies
on a unit basis, for the Division of
Air Quality, Department of Public
Health.
Section 6. That, under Section 167
of the Charter of the City of Cleveland, this Council determines to
make the public improvement of
constructing, rehabilitating, renovating, replacing, or otherwise improving air monitoring sites and other
similar structures on City-owned
and City-leased property (the “Improvement”), for the Division of Air
Quality,
Department
of
Public
Health, by one or more contracts
duly let to the lowest responsible
bidder or bidders after competitive
bidding on a unit basis for the
Improvement.
Section 7. That the Director of
Public Health is authorized to enter
into one or more contracts for the
making of the Improvement with
the lowest responsible bidder or bidders after competitive bidding on a
unit basis for the Improvement, provided, however, that each separate
trade and each distinct component
part of the Improvement may be
treated as a separate improvement,
and each, or any combination, of the
trades or components may be the
subject of a separate contract on a
unit basis.
Section 8. That the Director of
Public
Health
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 the
grant.
The selection of the consultants
for the services shall be made by
the Board of Control on the nomination of the Director of Public
Health from a list of qualified consultants available for employment
as may be determined after a full
and complete canvass by the Director of Public Health 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
Public Health, and certified by the
Director of Finance.
Section 9. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements
with
other
governmental
agencies. The Director of Public
Health may sign all documents that
are necessary to make the purchases, and may enter into one or more
contracts with the vendors selected
through that cooperative process.
Section 10. That the Director of
Public Health is authorized to enter
into one or more contracts with and

The City Record
make payments to one or more various entities or agencies to implement the grant as described in the
file.
Section 11. That the payments and
cost of the contracts authorized by
this ordinance shall be paid from
the fund or funds which are credited the grant proceeds accepted
under this ordinance and from the
cash match.
Section 12. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 13. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
Section 14. 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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 596-09.
By Council Members Brancatelli and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
apply for and accept a grant from
the U.S. Department of Health and
Human Services for the Moms First
Program; and authorizing contracts
with various entities 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 Health is authorized to apply
for and accept a grant in the
approximate amount of $2,000,000
per year for five years, and any
other funds that may become available during the grant term from the
U.S. Department of Health and
Human Services to conduct the
Moms First Program; that the Director is authorized to file all papers
and execute all documents necessary to receive the funds under the
grant; and that the funds are appropriated for the purposes described in
the summary for the grant contained in the file described below.
Section 2. That the summary for
the grant, File No. 596-09-A, made a
part of this ordinance 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, is
approved in all respects.

910

May 20, 2009
Section 3. That the Director of
Public Health shall have the authority to extend the term of the grant
during the grant term.
Section 4. That the Director of
Public Health shall deposit the
grant accepted under this ordinance
into a fund or funds designated by
the Director of Finance to implement the program as described in
the file and appropriated for that
purpose.
Section 5. That the Director of
Public Health is authorized to enter
into one or more contracts with various entities for implementation of
the program, as described in the
file, and that the contracts are
payable from the fund or funds to
which are credited the grant proceeds accepted under 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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 606-09.
By Council Members Keane, Cimperman and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Economic Development to enter into a Neighborhood
Development Investment Fund contract with Kamm’s Area Realty
Management, LLC to provide economic development assistance to
partially finance the build-out and
improvement of property located at
17404 Lorain Avenue, and other associated costs necessary to redevelop
the property.
Whereas, through Ordinance No.
56-94, passed June 13, 1994, as
amended by Ordinance No. 2123-96,
passed February 10, 1997, the City
established the Neighborhood Development Investment Program and the
Neighborhood Development Investment Fund (NDIF) for the purpose
of stimulating the development of
major opportunities for job creation,
retention, and expansion in the
City’s neighborhoods; 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, subject to the
provisions of Section 8 of this ordinance, the Director of Economic
Development is authorized to enter
into a Neighborhood Development
Investment
Fund
contract
with
Kamm’s Area Realty Management,
LLC to provide economic development
assistance
to
partially
finance the build-out and improvement of property located at 17404

May 20, 2009
Lorain Avenue, and other associated costs necessary to redevelop the
property.
Section 2. That the terms of the
contract shall comply with the requirements of the Neighborhood Development Investment Program and
NDIF, as set forth in Section 1 of
Ordinance No. 56-94, passed June 13,
1994, as amended by Ordinance No.
2123-96, passed February 10, 1997.
That the contract shall be under the
terms set forth in the Summary contained in File No. 606-09-A, made a
part of this ordinance as if fully rewritten, as presented to the Finance
Committee of this Council at the
public hearing on this legislation,
and are approved in all respects and
shall not be changed without additional legislative authority.
Section 3. That the costs of the
contract shall not exceed $374,048,
and shall be paid from Fund No. 10
SF 501, Request No. 123987.
Section 4. That the Director of
Economic Development is authorized to accept the collateral as set
forth in the file referenced above in
order to secure repayment of the
loan. Any loan agreement, security
instrument, or other document shall
be prepared and approved by the
Director of Law.
Section 5. That the Director of
Economic Development is authorized to accept monies in repayment
of the loan and to deposit the
monies in Fund No. 10 SF 502.
Section 6. That the Director of
Economic Development is authorized to charge and accept fees in an
amount not to exceed the maximum
allowable fees under federal regulations and the fees are appropriated to cover costs incurred in the
preparation of the loan application,
closing and servicing of the loan.
The fees shall be deposited to and
expended from Fund No. 17 SF 305,
Loan Fees Fund.
Section 7. That the contract and
other appropriate documents needed
to complete the transaction authorized by this legislation shall be prepared by the Director of Law.
Section 8. That, prior to entering
into any contract authorized by this
ordinance, the Director of Finance is
required to certify that un-appropriated funds equal to the contract
amount set forth in this ordinance
have been collected by the City and
are available to be allocated to the
contract.
Section 9. The contract authorized
in
this
legislation
will
require the recipient of financial
assistance to work with The Workforce Investment Board for Workforce Area No. 3 to identify and
solicit qualified candidates for job
opportunities related to the City’s
contracts, and place special emphasis on the hard to employ, including but not limited to the disabled
and persons who have been convicted of or have pled guilty to a
criminal offense, unless the criminal conviction or related circumstances relate to the duties for the
particular job sought.
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 City Record
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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 669-09.
By Council Member Brady.
An emergency ordinance authorizing certain persons to engage in
peddling in Ward 19 (Irene Sakellis) and repealing Ordinance No.
2067-04, passed October 25, 2004.
Whereas,
pursuant
to
Section
675.07 of the Codified Ordinances of
Cleveland, Ohio, 1976, the consent of
Council, expressed by ordinance is a
prerequisite to temporary sidewalk
peddling upon the public rights of
way outside of the Central Business
District; and
Whereas, this Council has considered the requests of certain persons
to engage in peddling outside of the
Central Business District and has
determined that it is in the public
interest to allow each of said persons to engage in peddling in Ward
19; 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 675.07 of the Codified Ordinances, this Council hereby consents
to allow the person named in this
section to engage in peddling in the
public right of way in Ward 19 at
the locations specified: Irene Sakellis, West 117th at the Home Depot
exit.
Section 2. That all of the requirements of Chapter 675 of the Codified
Ordinances shall apply to the persons named in Section 1 of this ordinance.
Section
3.
That
the
privilege
granted herein may be revoked at
any time by this Council.
Section 4. That Ordinance No. 206704, passed October 25, 2004 is hereby repealed.
Section 5. 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 May 11, 2009.
Effective May 12, 2009.

Ord. No. 677-09.
By Council Member Sweeney.
An emergency ordinance authorizing the Clerk of Council to enter
into an amendment to agreement
with TRIAD Research Group, Inc.
City Contract No. 68740 to increase
the contract amount.

911

43
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 Clerk of Council is authorized to enter into an
amendment
to
agreement
with
TRIAD Research Group, Inc., City
Contract No. 68740 to increase the
amount of the contract by an
amount not to exceed $14,501.00 from
fund numbers 632000-01-010100.
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 May 11, 2009.
Effective May 12, 2009.

COUNCIL COMMITTEE
MEETINGS

Monday, May 18, 2009
9:30 a.m.
Public Parks, Property and Recreation Committee: Present: Johnson,
Chair;
Pruitt,
Cummins,
Kelley,
Polensek. Authorized Absence: Wilkes,
Vice Chair; Brancatelli.
2:00 p.m.
Joint/Legislation Committee, Public Parks, Property and Recreation
Committee, City Planning Committee and Finance Committee: Present
in Legislation: Dow, Chair; Keane,
Vice Chair; Cimperman, Cleveland,
Johnson, Wilkes. Authorized Absence:
Reed.
Present in Parks: Johnson, Chair;
Wilkes,
Vice
Chair;
Brancatelli,
Pruitt, Cummins, Kelley, Polensek.
Present in Planning: Cimperman,
Chair; Westbrook, Vice Chair; Conwell, Dow, Keane, Zone. Authorized
Absence: Reed.
Present
in
Finance:
Sweeney,
Chair;
Cimperman,
Vice
Chair;
Brady, Conwell, Miller, Mitchell,
Polensek,
Brancatelli,
Cleveland,
Westbrook, Kelley.
Tuesday, May 19, 2009
9:30 a.m.
Community and Economic Development Committee: Present: Brancatelli, Chair; Dow, Vice Chair;
Pruitt, Cummins, Cloud, Westbrook,
Brady, Zone, Miller.
Wednesday, May 20, 2009
1:30 p.m.
Public Utilities Committee: Present:
Zone, Chair; Polensek, Cummins,
Keane, Kelley, Westbrook, Santiago.
Authorized
Absence:
Reed,
Vice
Chair; Wilkes.

The City Record

44

May 20, 2009

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
AIDS
AIDS — related services — HOPWA Grant — various
Health Department (O 722-09). . . . . . . . . . . . . . . . . . . .
AIDS — related services — grant — various agencies
(O 723-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HIV/AIDS Housing Information Integration Project —
Health (O 593-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

agencies — Community Development
....................................
— Health Department
....................................
Grants — Ohio Department of
....................................

—
. . . . . . . . . . . . 881
. . . . . . . . . . . . 882
. . . . . . . . . . . . 908

Agreements
Amend Sect. 1 Ord. No. 487-09 — Julia De Burgos Cultural Arts Center — Cultural
Instructional Program (Ward 14 NCF) (O 740-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend Sect. 1 Ord. No. 564-09 — Mt. Pleasant Community Zone — Community Health and
Human Services Expo (Ward 03 NCF) (O 741-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Downtown Digs, A Guide to Living Downtown Program — promoting residential growth —
Downtown Cleveland Alliance — Community Development (Ward 13 NCF)
(O 738-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
License Agreement with United States Coast Guard (rights to use certain space at the
Coast Guard Station) (O 714-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scoop on Summer Program — Community Development (Ward 11 NEF)
(O 737-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TRIAD Research Group, Inc. — City Contract No. 68740 (O 677-09) . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . 891
. . . . . . . . . . . . 891

. . . . . . . . . . . . 890
. . . . . . . . . . . . 879
. . . . . . . . . . . . 890
. . . . . . . . . . . . 911

Aging Department
Homeless Prevention and Rapid Re-Housing Program — contracts —
Cuyahoga County (O 718-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 880
Board of Building Standards and Building Appeals
Adams Avenue, 10009, (Ward 8) — Craig Brown, owner — appeal withdrawn on
5/13/09 (Doc. A-32-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adams Avenue, 9219, (Ward 12) — Richard E. Njoku, owner — appeal resolved on 5/13/09
(Doc. A-56-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adams Avenue, 9219, (Ward 8) — Spring Hills LLC, owner — appeal resolved on 5/13/09
(Doc. A-55-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Berry Avenue, 7403, (Ward 17) — MBP, LLC., owner — appeal adopted on 5/13/09
(Doc. A-24-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Central Avenue, 7808, (Ward 6) — Lashunda S. Lee, owner — extension of time on 5/13/0/
(Doc. A-122-08) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Denison Avenue, 9701, (Ward 18) — R&L Holdings, LLC, owner — appeal adopted on 5/13/09
(Doc. A-31-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 123rd Street, 900, (Ward 9) — Francita Salem, owner — appeal resolved on
5/13/09 (Doc. A-61-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 143rd Street, 1105, (Ward 10) — James Rawlison, owner — appeal resolved on 5/13/09
(Doc. A-60-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 173rd Street, 1426, (Ward 11) — John Haytas, owner — extension of time 5/13/09
(Doc. A-166-08) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 173rd Street, 4780, (Ward 1) — Sequoia Brown, owner — appeal resolved on
5/13/09 (Doc. A-52-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 186th Street, 3896, (Ward 1) — Daniel Johnson, owner — appeal resolved on 5/13/09
(Doc. A-51-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 4th Street, 2015, (Ward 13) — 410 Euclid, owner — appeal resolved on 5/13/09
(Doc. A-145-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 53rd Street, 3448, (Ward 12) — Csaba Varga, owner — appeal postponed to 06/10/09 on
5/13/09 (Doc. A-62-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 81st Street, 2208, (Ward 6) — Kara King, owner — appeal postponed to 06/10/09
on 5/13/09 (Doc. A-59-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 89th Street, 2060, (Ward 13) — Cleveland Clinic Foundation, owner — appeal resolved
on 5/13/09 (Doc. A-154-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 97th Street, 1834, (Ward 7) — Andrea D.C. Johnson, owner — appeal adopted on 10/1/08
(Doc. A-121-08) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Herman Avenue, 6609, (Ward 17) — John H. Deleva, owner — appeal resolved on 5/13/09
(Doc. A-76-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Holton Ct., 7917, (Ward 5) — Richard E. Njoku, owner — appeal resolved on 5/13/09
(Doc. A-57-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lakeview Road, 1139, (Ward 9) — Charles J. Davy, Jr., owner — appeal resolved on 5/13/09
(Doc. A-58-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

912

. . . . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . . . 899
. . . . . . . . . . . . . . . . . 899
. . . . . . . . . . . . . . . . . 901
. . . . . . . . . . . . . . . . . 901
. . . . . . . . . . . . . . . . . 901
. . . . . . . . . . . . . . . . . 899
. . . . . . . . . . . . . . . . . 899
. . . . . . . . . . . . . . . . . 901
. . . . . . . . . . . . . . . . . 899
. . . . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . . . 901
. . . . . . . . . . . . . . . . . 900
. . . . . . . . . . . . . . . . . 899
. . . . . . . . . . . . . . . . . 901
. . . . . . . . . . . . . . . . 1936
. . . . . . . . . . . . . . . . . 900
. . . . . . . . . . . . . . . . . 899
. . . . . . . . . . . . . . . . . 899

May 20, 2009

The City Record

45

Mayfield Road, 11457, (Ward 6) — Case Western Reserve University (Triangle Towers), owner —
appeal resolved on 5/13/09 (Doc. A-102-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ohlman Avenue, 11906, (Ward 6) — Man On A Mission, LLC, owner — appeal resolved on
5/13/09 (Doc. A-63-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parkgate Avenue, 10102, (Ward 8) — Kevin Grimes/Nakeeda Grimes, owner — appeal resolved
on 5/13/09 (Doc. A-66-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parkview Avenue, 9809, (Ward 11) — Darryl Parker, owner — appeal resolved on 5/13/09
(Doc. A-53-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parkview Avenue, 9809, (Ward 4) — Derek Ng (Greenapple Properties LLC)., owner — appeal
resolved on 5/13/09 (Doc. A-45-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pearl Road, 4882-4990, (Ward 16) — Nick Varlamos, owner — appeal resolved on 5/13/09
(Doc. A-64-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 105th Street, 3174, (Ward 19) — Wilson A. Leece II, owner — appeal resolved on
5/13/09 (Doc. A-50-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 47th Street, 2027, (Ward 14) — Darryl DeFranco, owner — appeal adopted on 5/13/09
(Doc. A-29-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 69th Street, 1260, (Ward 17) — Jeffery Deleva, owner — appeal resolved on 5/13/09
(Doc. A-80-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 69th Street, 1264, (Ward 17) — John H. Deleva & Sherria Scarcipino, owner — appeal
resolved on 5/13/09 (Doc. A-73-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 69th Street, 1268, (Ward 17) — John H. Deleva & Sherria Scarcipino, owner — appeal
resolved on 5/13/09 (Doc. A-74-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 69th Street, 1270, (Ward 17) — John H. Deleva & Sherria Scarcipino, owner — appeal
resolved on 5/13/09 (Doc. A-75-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . 901
. . . . . . . . . . . . 900
. . . . . . . . . . . . 900
. . . . . . . . . . . . 899
. . . . . . . . . . . . 898
. . . . . . . . . . . . 900
. . . . . . . . . . . . 898
. . . . . . . . . . . . 901
. . . . . . . . . . . . 901
. . . . . . . . . . . . 900
. . . . . . . . . . . . 900
. . . . . . . . . . . . 900

Board of Control — Cleveland Public Power Division
Engineering (electrical) and planning services — contract per Ord. 1656-08
to Middough Inc. — Dept. of Public Utilities (BOC Res. 163-09) . . . . . . . . . . .
Substation maintenance — amend BOC Res. 2-07 — Dept. of Public Utilities
(BOC Res. 164-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Switchgear, 15kV walk-in for Lake Road Substation — contract per Ord. 556-08
to Central Electric Manufacturing Company — Dept. of Public Utilities
(BOC Res. 168-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transformers and accessories — contract per C.O. Sec. 129.26 to Wesco
Distribution Inc. — Dept. of Public Utilities (BOC Res. 165-09) . . . . . . . . . . .
Transformers and accessories — contract per C.O. Sec. 129.26 to Professional
Electric Products Company — Dept. of Public Utilities (BOC Res. 166-09) . .
Transformers and accessories — per C.O. Sec. 129.26 — bids rejected — Dept. of
Public Utilities (BOC Res. 167-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893

Board of Control — Community Development Department
East 160th Street, 4274 (Ward 1) — PPN 141-01-018 — Delvis Andre Valentine
per ORd. 1676-08 (BOC Res. 178-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 75th Street, 3454 (Ward 12) — PPN 125-35-058 — Richard T. Surlas
(BOC Res. 181-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eve Avenue (Ward 17) — PPN 006-04-109 — Maria Betancourt
(BOC Res. 180-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eve Avenue (Ward 17) — PPN 006-04-138 — Wayne R. Cole and Kathryn K. Cole
(BOC Res. 179-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maurice Avenue, 5511 (Ward 12) — PPN 125-02-014 — Oleta Casteel
(BOC Res. 183-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
McElhattan Avenue, 13721 (Ward 10) — PPN 112-01-046 — Terry J. Higbee
per Ord. 99-09 (BOC Res. 177-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nursery Avenue, 2964 (Ward 5) — PPN 123-19-067 — Shirley Harris
(BOC Res. 182-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . 895
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 896
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 896
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 896
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 897
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 895
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 896

Board of Control — Correction Division
Washers and dryers, industrial — contract per C.O. Sec. 181.101 to M & L
Supply Company — Dept. of Public Safety (BOC Res. 172-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894
Board of Control — Finance Department
Memphis Ave., 4103 (Memphis School) — PPN 008-26-045 — sell to Denison
Elderly, LLC per Ord. 745-08 (BOC Res. 176-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 895
Sale of scrap, personal property, and by-products in May 2009 — per
BOC Res. 921-52 (BOC Res. 162-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
Board of Control — Highland Golf Course
Golf fees, group and promotional — per C.O. Sec. 133.29 — Dept. of Parks,
Recreation and Properties (BOC Res. 173-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894

913

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May 20, 2009

Board of Control — Land Reutilization Program
East 160th Street, 4274 (Ward 1) — PPN 141-01-018 — Delvis Andre Valentine
per ORd. 1676-08 (BOC Res. 178-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 75th Street, 3454 (Ward 12) — PPN 125-35-058 — Richard T. Surlas
(BOC Res. 181-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eve Avenue (Ward 17) — PPN 006-04-109 — Maria Betancourt
(BOC Res. 180-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eve Avenue (Ward 17) — PPN 006-04-138 — Wayne R. Cole and Kathryn K. Cole
(BOC Res. 179-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maurice Avenue, 5511 (Ward 12) — PPN 125-02-014 — Oleta Casteel
(BOC Res. 183-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
McElhattan Avenue, 13721 (Ward 10) — PPN 112-01-046 — Terry J. Higbee
per Ord. 99-09 (BOC Res. 177-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nursery Avenue, 2964 (Ward 5) — PPN 123-19-067 — Shirley Harris
(BOC Res. 182-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . 895
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 896
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 896
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 896
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 897
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 895
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 896

Board of Control — Land Sales
Memphis Ave., 4103 (Memphis School) — PPN 008-26-045 — sell to Denison
Elderly, LLC per Ord. 745-08 (BOC Res. 176-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 895

Board of Control — Parks, Recreation and Properties Department
Cushman equipment parts and labor — amend BOC Res. 154-09 —
Division of Recreation (BOC Res. 175-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 895
Golf fees, group and promotional — per C.O. Sec. 133.29 (BOC Res. 173-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894
Toro mower parts — amend BOC Res. 153-09 — Division of Recreation
(BOC Res. 174-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 895

Board of Control — Police Division
Tasers — contract per C.O. Sec. 135.065 to Vance Outdoors, Inc. —
Dept. of Public Safety (BOC Res. 171-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894
Voice recorder system maintenance and technical support — renew Contract
#67545 per Ord. 918-07 — Dept. of Public Safety (BOC Res. 170-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894

Board of Control — Professional Service Contracts
Engineering (electrical) and planning services — contract per Ord. 1656-08 to
Middough Inc. — Division of Cleveland Public Power, Dept. of Public Utilities
(BOC Res. 163-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
Voice recorder system maintenance and technical support — renew Contract
#67545 per Ord. 918-07 — Division of Police, Dept. of Public Safety (BOC Res. 170-09). . . . . . . . . . . . . . . . . . . . . 894

Board of Control — Public Improvement Contracts
Grinding of streets — contract per Ord. 1773-08 to The Shelly Company — Division of
Streets, Dept. of Public Service (BOC Res. 169-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894

Board of Control — Public Safety Department
Tasers — contract per C.O. Sec. 135.065 to Vance Outdoors, Inc. — Division of Police
(BOC Res. 171-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894
Voice recorder system maintenance and technical support — renew Contract #67545
per Ord. 918-07 — Division of Police (BOC Res. 170-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894
Washers and dryers, industrial — contract per C.O. Sec. 181.101 to M & L Supply
Company — Division of Correction (BOC Res. 172-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894

Board of Control — Public Service Department
Grinding of streets — contract per Ord. 1773-08 to The Shelly Company — Division of
Streets (BOC Res. 169-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894

Board of Control — Public Utilities Department
Engineering (electrical) and planning services — contract per Ord. 1656-08 to Middough
Inc. — Division of Cleveland Public Power (BOC Res. 163-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
Substation maintenance — amend BOC Res. 2-07 — Division of Cleveland Public Power
(BOC Res. 164-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
Switchgear, 15kV walk-in for Lake Road Substation — contract per Ord. 556-08 to Central
Electric Manufacturing Company — Division of Cleveland Public Power (BOC Res. 168-09) . . . . . . . . . . . . . . 894

914

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47

Transformers and accessories — contract per C.O. Sec. 129.26 to Wesco Distribution Inc. —
Division of Cleveland Public Power (BOC Res. 165-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
Transformers and accessories — contract per C.O. Sec. 129.26 to Professional
Electric Products Company — Division of Cleveland Public Power
(BOC Res. 166-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
Transformers and accessories — per C.O. Sec. 129.26 — bids rejected — Division of
Cleveland Public Power (BOC Res. 167-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893

Board of Control — Purchases and Supplies Division
Memphis Ave., 4103 (Memphis School) — PPN 008-26-045 — sell to Denison Elderly, LLC per
Ord. 745-08 (BOC Res. 176-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 895
Sale of scrap, personal property, and by-products in May 2009 — per BOC Res. 921-52
(BOC Res. 162-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893

Board of Control — Recreation Division
Cushman equipment parts and labor — amend BOC Res. 154-09 — Dept. of Parks, Recreation
and Properties (BOC Res. 175-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 895
Toro mower parts — amend BOC Res. 153-09 — Dept. of Parks, Recreation and Properties
(BOC Res. 174-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 895

Board of Control — Requirement Contracts
Cushman equipment parts and labor — amend BOC Res. 154-09 — Division of Recreation,
Dept. of Parks, Recreation and Properties (BOC Res. 175-09) . . . . . . . . . . . . . . . . . . . . . .
Substation maintenance — amend BOC Res. 2-07 — Division of Cleveland Public Power,
Dept. of Public Utilities (BOC Res. 164-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tasers — contract per C.O. Sec. 135.065 to Vance Outdoors, Inc. — Division of
Police, Dept. of Public Safety (BOC Res. 171-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Toro mower parts — amend BOC Res. 153-09 — Division of Recreation, Dept. of Parks,
Recreation and Properties (BOC Res. 174-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Washers and dryers, industrial — contract per C.O. Sec. 181.101 to M & L Supply
Company — Division of Correction, Dept. of Public Safety (BOC Res. 172-09) . . . . . . . .

. . . . . . . . . . . . . . . . . . . . 895
. . . . . . . . . . . . . . . . . . . . 893
. . . . . . . . . . . . . . . . . . . . 894
. . . . . . . . . . . . . . . . . . . . 895
. . . . . . . . . . . . . . . . . . . . 894

Board of Control — Seneca Golf Course
Golf fees, group and promotional — per C.O. Sec. 133.29 — Dept. of Parks, Recreation and
Properties (BOC Res. 173-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894

Board of Control — Standard Purchase Contracts
Switchgear, 15kV walk-in for Lake Road Substation — contract per Ord. 556-08 to
Central Electric Manufacturing Company — Division of Cleveland Public
Power, Dept. of Public Utilities (BOC Res. 168-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894
Transformers and accessories — contract per C.O. Sec. 129.26 to Wesco
Distribution Inc. — Division of Cleveland Public Power, Dept. of
Public Utilities (BOC Res. 165-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893
Transformers and accessories — contract per C.O. Sec. 129.26 to Professional
Electric Products Company — Division of Cleveland Public Power,
Dept. of Public Utilities (BOC Res. 166-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893

Board of Control — Streets Division
Grinding of streets — contract per Ord. 1773-08 to The Shelly Company —
Dept. of Public Service (BOC Res. 169-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894

Board of Zoning Appeals — Report
Aetna Avenue, 8500, (Ward 2) — FPT Cleveland, LLC, owner — appeal heard on 5/18/09
(Cal. 09-77) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Broadway Avenue, 8411, (Ward 2) — Community Assessments and Treatment Service, Inc.,
owner — appeal granted and adopted on 5/18/09 (Cal. 09-71) . . . . . . . . . . . . . . . . . . . . . . . . . .
Detroit Avenue, 11213, (Ward 18) — Detroit Avenue Ltd., owner and Paul Shlachter, tenant —
appeal postponed to 6/15/09 on 5/18/09 (Cal. 09-74) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 164th Street, 4336, (Ward 1) — Cleveland South English Congregation
of Jehovah’s Witnesses, owner — appeal granted and adopted on 5/18/09 (Cal. 09-66) . . . .
Kirkwood Avenue, 9604, (Ward 18) — Tom Karnavas, owner — appeal postponed to 7/6/09 on
5/18/09 (Cal. 09-69). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lorain Avenue, 13835, (Ward 20) — J-Set Limited LLC, owner and Jesse Adkins dba Fat Boys
Sports, Inc., tenant — appeal heard on 5/18/09 (Cal. 09-72) . . . . . . . . . . . . . . . . . . . . . . . . . . . .

915

. . . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . . 898

The City Record

48

May 20, 2009

Meech Avenue, 10801, (Ward 2) — Dumpsites Unlimited LLC, owner — appeal heard on 5/18/09
(Cal. 09-76) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Square B-100, 75, (Ward 13) — Northpoint Athletic Club II, Inc., owner, and Donald
Dzina, aka TH & Sons,, tenant — appeal dismissed on 5/18/09 (Cal. 09-28) . . . . . . . . . . . . . . .
Rockefeller Avenue, 3092, (Ward 5) — Robert Joseph Lands LLC, owner, and Rockport
Construction Materials — appeal granted and adopted on 5/18/09 (Cal. 09-73) . . . . . . . . . . . .
Spach, Ron A. — appeal reinstated on 5/18/09 (Cal. 09-68) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 28th Street, 1702, (Ward 13) — Kirt Montlack, Ltd., owner — appeal heard on 5/18/09
(Cal. 09-70) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Whitehorn Avenue, 391, (Ward 7) — Janice Dillard, owner — appeal granted and adopted on
5/18/09 (Cal. 09-31). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . 898
. . . . . . . . . . . . . . . 898

Board of Zoning Appeals — Schedule
Center Avenue, 1101, (Ward 13) — Old River Road Cleveland LLC, owner — appeal to be heard
on 6/1/09 (Cal. 09-84) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clifton Boulevard, 11623, (Ward 18) — Lee Solding Company, owner — appeal to be heard on
6/1/09 (Cal. 09-83). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Croton Avenue, 3540, (Ward 5) — The Cuyahoga County Board of County Commissioners,
owner — appeal to be heard on 6/1/09 (Cal. 09-85) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 116th Street, 1337, (Ward 18) — Donald P. Shury, owner — appeal to be heard on
6/1/09 (Cal. 09-81). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . 897
. . . . . . . . . . . . . . . 897
. . . . . . . . . . . . . . . 897
. . . . . . . . . . . . . . . 897

Bridges
Charles P. Braman & Co., Inc — Amend Contract No. 68583 — appraisals,
relocation service, project design, and other reviews — W. 74th St.,
Madison Ave., Harvard Ave., E. 79th St. Bridges (O 701-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 874
Consent to ODOT for 1R-90 Bridge over Cuyahoga River Valley (O 705-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875

Building and Housing Department
Demolish the old Howard Johnson building (R 739-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891

Burke Lakefront Airport
Port Control — various leases at CHIA and Burke — use of certain Airport —
owned space (O 731-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 888

Case Western Reserve University
Case Western Biostatistics Program — Grants (O 591-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 908

City Council
Clerk of Council — payment — MK2 Technologies (Web site modifications)
(O 727-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 889

City of Cleveland Bids
Asphalt concrete, reclaimed or virgin — Department of Public Service —
Division of Streets — per Ord. 1769-08 — bid due June 4, 2009
(advertised 5/13/2009 and 5/20/2009). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cremation and burial services of indigent dead — Department of Public Health —
Division of Vital Statistics — per Ord. pending — bid due June 17, 2009
(advertised 5/20/2009 and 5/27/2009). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Debris (construction and demolition) disposal (Contracts C & D) —
Department of Public Service — Division of Waste Collection and
Disposal — per Ord. 1821-08 — bid due June 10, 2009 (advertised 5/13/2009
and 5/20/2009). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Equipment, testing and training — Department of Public Utilities —
Division of Cleveland Public Power — per Ord. 896-07 —
bid due June 17, 2009 (advertised 5/20/2009 and 5/27/2009). . . . . . . . . . . . . . . . . . . . . . . .
Exterminating services (Re-bid) — Department of Finance — per C.O. Sec. 181.101 —
bid due June 5, 2009 (advertised 5/20/2009 and 5/27/2009). . . . . . . . . . . . . . . . . . . . . . . . .
Former Coast Guard Station, Phase I — roof replacement for Boat House and Lantern —
Department of Public Service — Division of Architecture — per Ord. — bid due May
28, 2009 (advertised 5/13/2009 and 5/20/2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gordon Square Kennedy parking lot site improvements — Department of Parks,
Recreation and Properties — Division of Research, Planning
and Development — per Ord. 872-08 — bid due June 10, 2009
(advertised 5/20/2009 and 5/27/2009). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

916

. . . . . . . . . . . . . . . . . . . . 902

. . . . . . . . . . . . . . . . . . . . 903

. . . . . . . . . . . . . . . . . . . . 902

. . . . . . . . . . . . . . . . . . . . 903
. . . . . . . . . . . . . . . . . . . . 903

. . . . . . . . . . . . . . . . . . . . 902

. . . . . . . . . . . . . . . . . . . . 903

May 20, 2009

The City Record

49

Holton Substation and transmission lines — Department of Public Utilities —
Division of Cleveland Public Power — per Ord. 556-08 — bid due June 10, 2009
(advertised 5/13/2009 and 5/20/2009). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Liquid chlorine — Department of Public Utilities — Division of Water — per C.O. Sec.
129.24 — bid due June 4, 2009 (advertised 5/13/2009 and 5/20/2009). . . . . . . . . . . . . . . . . .
Manholes, castings, pullboxes and grating — Department of Public Utilities —
Division of Cleveland Public Power — per C.O. Sec. 129.25, 129.26, 129.27 —
bid due June 17, 2009 (advertised 5/20/2009 and 5/27/2009). . . . . . . . . . . . . . . . . . . . . . . . .
Mower and cutting equipment parts and labor — Department of Public Service —
Division of Motor Vehicle Maintenance — per Ord. 686-07 — bid due June 4, 2009
(advertised 5/13/2009 and 5/20/2009). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Overhead door maintenance and repair — Department of Finance — per Ord. pending —
bid due June 10, 2009 (advertised 5/20/2009 and 5/27/2009). . . . . . . . . . . . . . . . . . . . . . . . .
Tires, transfer and disposal (Contract T) — Department of Public Service —
Division of Waste Collection and Disposal — per Ord. 1820-08 —
bid due June 10, 2009 (advertised 5/13/2009 and 5/20/2009). . . . . . . . . . . . . . . . . . . . . . . . .
Towel and linen services — Department of Finance — per C.O. Sec. 181.101 — bid due June
11, 2009 (advertised 5/20/2009 and 5/27/2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Water Quality Analysis laboratory services — Department of Public Utilities —
Division of Water — per Ord. 485-96 — bid due June 19, 2009
(advertised 5/13/2009 and 5/20/2009). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 121st Street extension — Department of Public Service — Division of
Engineering and Construction — per Ord. 2072-05, 457-08 — bid due
May 28, 2009 (advertised 5/13/2009 and 5/20/2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . 903
. . . . . . . . . . . . . . . . . . . 902

. . . . . . . . . . . . . . . . . . . 903

. . . . . . . . . . . . . . . . . . . 902
. . . . . . . . . . . . . . . . . . . 903

. . . . . . . . . . . . . . . . . . . 902
. . . . . . . . . . . . . . . . . . . 903

. . . . . . . . . . . . . . . . . . . 903

. . . . . . . . . . . . . . . . . . . 902

City Planning Commission
Bellaire Rd. (between Hirst Ave. & W. 130th St.) change Use, Area Districts
(Ward 19) (O 556-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Central Ave., (north side) & Golden Ave. (between E. 79th St. & E. 83rd St.) —
change Use and Height District (Ward 06) (O 557-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Riveredge Rd. (Old Lorain) — change the zoning — Multi — Family Residential to
Local Retail Business (O 414-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Saint Barbara Church, Rectory, and Convent — designate as landmark — City Planning
Commission (Ward 15) (O 726-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . 902
. . . . . . . . . . . . . . . 902
. . . . . . . . . . . . . . . 902
. . . . . . . . . . . . . . . 883

Clerk of Council
Agreement with TRIAD Research Group, Inc. — City Contract No. 68740
(O 677-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911
Payment — MK2 Technologies (Web site modifications) (O 727-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 889

Cleveland Hopkins International Airport
Lease agreement with BP Products NA., Inc. — operation of an aviation
fuel storage & handling facility at CHIA (O 697-09) . . . . . . . . . . . . . . . . . . .
Lease agreement with Bradford Airport Logistics — operate a centralized
receiving & distribution center for all concessions operating at CHIA
(O 698-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Port Control — various leases at CHIA and Burke — use of certain Airport
owned space (O 731-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . 872

. . . . . . . . . . . . . . . . . . . . . . . . . . . 873
—
. . . . . . . . . . . . . . . . . . . . . . . . . . . 888

Codified Ordinances
Amend Section 345.04 — General Industry Districts (O 728-09) . . . . . . . . . . . . . . . . . . . . . .
Amend Sect(s) 343.01, 343.11, 343.14 — repeal various Sects. Chapters 325 & 343 —
Enact new Sect(s) Chapter 325 — regarding auto repair and related businesses
(O 729-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend Sect(s) 559.02 & 559.238 — designating the cultural garden —
Albanian Cultural Garden (O 734-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enact Sect. 193.031 — additional purposes for the transient occupancy tax (bed tax)
(O 682-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . 883

. . . . . . . . . . . . . . . . . . . 885
. . . . . . . . . . . . . . . . . . . 889
. . . . . . . . . . . . . . . . . . . 892

Community Development Department
AIDS — related services — HOPWA Grant — various agencies — Health Department
(O 722-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 881
Amend Sect. 1 Ord. No. 487-09 — Julia De Burgos Cultural Arts Center —
agreement — Cultural Instructional Program (Ward 14 NCF) (O 740-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . 891
Amend Sect. 1 Ord. No. 564-09 — Mt. Pleasant Community Zone — agreement —
Community Health and Human Services Expo (Ward 03 NCF)
(O 741-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891

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Contracts — NE Ohio Coalition for the Homeless (O 717-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Downtown Digs, A Guide to Living Downtown Program — promoting residential growth
Downtown Cleveland Alliance (Ward 13 NCF) (O 738-09). . . . . . . . . . . . . . . . . . . . . . . . . . .
Homeless Prevention and Rapid Re-Housing Program — contracts — Cuyahoga County
(O 718-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing Trust Fund Program — contracts — various housing development entities
(O 716-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scoop on Summer Program — agreement (Ward 11 NEF) (O 737-09) . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . 880
—
. . . . . . . . . . . . . . . 890
. . . . . . . . . . . . . . . 880
. . . . . . . . . . . . . . . 880
. . . . . . . . . . . . . . . 890

Concession Agreements
Port Control — for special events (advertising) (O 732-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 889
Condolences
Terry, Jr., Sherman S. (R 744-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Zaremba, Kenneth E. (R 743-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Congratulations
Larkin, Brent (R 746-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Pettit, Mother Cordie M. (R 745-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Contracts
Amend Contract No. 62837 with Mercury Air Services, LLC — regarding rent credits
(O 699-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charles P. Braman & Co., Inc — Amend Contract No. 68583 — appraisals, relocation service,
project design, and other reviews — W. 74th St., Madison Ave., Harvard Ave., E. 79th
St. Bridges (O 701-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community Development — NE Ohio Coalition for the Homeless (O 717-09). . . . . . . . . . . . . . . . . .
Homeless Prevention and Rapid Re-Housing Program — Cuyahoga County
(O 718-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing Trust Fund Program — various housing development entities —
Community Development (O 716-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Kamm’s Area Realty Management, LLC (partially finance the build-out & improvement
of property at 17404 Lorain Ave.) (O 606-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement — professional service — right-of-way — Uptown Development
Project (O 702-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement — professional service — right-of-way — Spring Brook Culvert
(O 703-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement — professional service — right-of-way — Upper Chester Development
(O 706-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Safety Department — professional service — implement a records management system
(O 725-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Safety Department — mobile data computers (O 733-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities Dept. (Water Division) — test, evaluate, repair, or replace roofs
(O 695-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities Dept. (Water Division) — various types of valves, actuators, and appurtenances
(O 696-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities Dept. (Water Division) — Sourcelink, Ohio LLC — Customer Care and
Billing System (O 720-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . 873

. . . . . . . . . . . 874
. . . . . . . . . . . 880
. . . . . . . . . . . 880
. . . . . . . . . . . 880
. . . . . . . . . . . 910
. . . . . . . . . . . 874
. . . . . . . . . . . 874
. . . . . . . . . . . 876
. . . . . . . . . . . 882
. . . . . . . . . . . 889
. . . . . . . . . . . 872
. . . . . . . . . . . 872
. . . . . . . . . . . 881

Convention Center
Parks, Recreation and Properties Dept. — Sell Convention Center to County —
Medical Mart Facility (O 683-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 892
Cuyahoga County
EfficientGovNow Program — Grant (O 719-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Homeless Prevention and Rapid Re-Housing Program — contracts
(O 718-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Law Enforcement Terrorism Protection Program, 2007 — Grant —
Safety Department (O 721-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental Health and Substance Abuse Prevention Program — Grant — Alcohol and
Drug Addiction Services Board (O 712-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parks, Recreation and Properties Dept. — Sell Convention Center to County —
Medical Mart Facility (O 683-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Urban Area Security Initiative Program — Grant (O 715-09) . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . 881
. . . . . . . . . . . . . . . . . . . . . 880
. . . . . . . . . . . . . . . . . . . . . 881
. . . . . . . . . . . . . . . . . . . . . 878
. . . . . . . . . . . . . . . . . . . . . 892
. . . . . . . . . . . . . . . . . . . . . 879

Cuyahoga Metropolitan Housing Authority
Amend Ord. No. 911-07 — Garden Valley Housing , CMHA (O 707-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 876

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Economic Development Department
EfficientGovNow Program — Grant — Cuyahoga County (O 719-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 881
Kamm’s Area Realty Management, LLC (partially finance the build-out &
improvement of property at 17404 Lorain Ave.) — contract (O 606-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910
Uhrman Development, LLC — economic development assistance (O 554-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 907
Finance Department
Cause payment to Hunting Valley for an express main on South Woodland Rd.
(O 730-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Doors, overhead — maintain and repair — various divisions (O 694-09) . . . . . . . .
Enact Sect. 193.031 — additional purposes for the transient occupancy tax (bed
(O 682-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . 888
. . . . . . . . . . . . . . . . . . . . . . . . 871
tax)
. . . . . . . . . . . . . . . . . . . . . . . . 892

Fire Division
Retirement dates of various police and fire personnel — extend (O 456-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 906
Grants
AIDS — related services — HOPWA Grant — various agencies —
Community Development — Health Department (O 722-09). . . . . . . . . . . . . . . . . . . . . . . . . . .
AIDS — related services — various agencies — Health Department
(O 723-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Air Quality Division operation — financial assistance — Air Quality Division —
Health Dept. — Ohio Environmental Protection Agency (Ohio EPA)
(O 595-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assistance to Firefighters Grant, 2008 — Prevention — FEMA (O 724-09) . . . . . . . . . . . . . . . .
Assistant Secretary for Preparedness and Response Program — Center of Health Affairs
(O 711-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Case Western Biostatistics Program — Case Western Reserve University (O 591-09) . . . . . .
EfficientGovNow Program — Cuyahoga County (O 719-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Federal Childhood Lead Poisoning Prevention Program — environmental assessments —
Health Department — Ohio Department of Health (O 709-09) . . . . . . . . . . . . . . . . . . . . . . . .
Health Promotion through Health Literacy Program — The Sisters of Charity Foundation
(O 713-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HIV/AIDS Housing Information Integration Project — Ohio Department of Health
(O 593-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Law Enforcement Terrorism Protection Program, 2007 — Safety Department
(O 721-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Making Greater Cleveland Lead Safe Program — Mt. Sinai Health Care Foundation
(O 592-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental Health and Substance Abuse Prevention Program — Alcohol and
Drug Addiction Services Board — Cuyahoga County (O 712-09) . . . . . . . . . . . . . . . . . . . . . .
Moms First Program — U.S. Department of Health and Human Services
(O 596-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Health Infrastructure Program — Cuy. Co. Board of Health (O 710-09) . . . . . . . . . . . .
Urban Area Security Initiative Program — Cuyahoga County (O 715-09). . . . . . . . . . . . . . . . . .
Women’s Health Services Program — Ohio Department of Health
(O 594-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . 881
. . . . . . . . . . . . . . 882

. . . . . . . . . . . . . . 909
. . . . . . . . . . . . . . 882
. . . . . . . . . . . . . . 878
. . . . . . . . . . . . . . 908
. . . . . . . . . . . . . . 881
. . . . . . . . . . . . . . 877
. . . . . . . . . . . . . . 879
. . . . . . . . . . . . . . 908
. . . . . . . . . . . . . . 881
. . . . . . . . . . . . . . 908
. . . . . . . . . . . . . . 878
. . . . . . . . . . . . . . 910
. . . . . . . . . . . . . . 878
. . . . . . . . . . . . . . 879
. . . . . . . . . . . . . . 909

Health Department
AIDS — related services — HOPWA Grant — various agencies —
Community Development (O 722-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AIDS — related services — grant — various agencies (O 723-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Air Quality Division operation — financial assistance — Air Quality Division —
Grants Ohio Environmental Protection Agency (Ohio EPA) (O 595-09) . . . . . . . . . . . . . . . . . . .
Assistant Secretary for Preparedness and Response Program — Grant —
Center of Health Affairs (O 711-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Case Western Biostatistics Program — Grants — Case Western Reserve University
(O 591-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Federal Childhood Lead Poisoning Prevention Program — Grants —
environmental assessments — Health Department — Ohio
Department of Health (O 709-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health Promotion through Health Literacy Program — Grant — The Sisters of Charity
Foundation (O 713-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HIV/AIDS Housing Information Integration Project — Grants — Ohio Department of
Health (O 593-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Making Greater Cleveland Lead Safe Program — Grants — Mt. Sinai Health Care Foundation
(O 592-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental Health and Substance Abuse Prevention Program — Grant — Alcohol and
Drug Addiction Services Board — Cuyahoga County (O 712-09) . . . . . . . . . . . . . . . . . . . . . . . . . .
Moms First Program — Grants — U.S. Department of Health and Human Services (O 596-09) .
Public Health Infrastructure Program — Grants — Cuy. Co. Board of Health (O 710-09) . . . . . .
Women’s Health Services Program — Grants — Ohio Department of Health (O 594-09) . . . . . . .

919

. . . . . . . . . . 881
. . . . . . . . . . 882
. . . . . . . . . . 909
. . . . . . . . . . 878
. . . . . . . . . . 908

. . . . . . . . . . 877
. . . . . . . . . . 879
. . . . . . . . . . 908
. . . . . . . . . . 908
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878
910
878
909

The City Record

52

May 20, 2009

Homeless
Community Development — contracts — NE
(O 717-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Homeless Prevention and Rapid Re-Housing
(O 718-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ohio Coalition for the Homeless
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 880
Program — contracts — Cuyahoga County
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 880

Housing
Housing Trust Fund Program — contracts — various housing development entities —
Community Development (O 716-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 880
Landmark Commission
Saint Barbara Church, Rectory, and Convent — designate as landmark — City Planning
Commission (Ward 15) (O 726-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 883
Lease Agreement
BP Products N.A., Inc. — operation of an aviation fuel storage & handling facility at CHIA
(O 697-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 872
Bradford Airport Logistics — operate a centralized receiving & distribution center for
all concessions operating at CHIA (O 698-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 873
Lease by Way of Concession
Port Control — various leases at CHIA and Burke — use of certain Airport — owned space
(O 731-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 888
Liquor Permits
East 200th St., 800 — withdraw objection to stock transfer — repeal Res. 426-09 (Ward 11)
(R 680-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 185th St., 770 — withdraw objection to transfer of ownership — repeal Res. 513-09
(Ward 11) (R 681-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 185th St., 731-33 — withdraw objection to transfer of ownership — repeal Res. 884-08
(Ward 11) (R 735-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Euclid Ave., 1800 — objection to transfer of Liquor License (Ward 05) (R 679-09) . . . . . . . . . .
Fulton Rd., 2906 (1st Fl.) — transfer of ownership application (Ward 14) (F 742-09) . . . . . . .
W. 44th St., 3382 — withdraw objection to renewal — repeal Res. 1052-08 — (Ward 14)
(R 736-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . 904
. . . . . . . . . . . . 904
. . . . . . . . . . . . 891
. . . . . . . . . . . . 903
. . . . . . . . . . . . 871
. . . . . . . . . . . . 891

Neighborhood Equity Funds
Scoop on Summer Program — agreement — Community Development — (Ward 11 NEF)
(O 737-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 890
Ohio Department of Public Health
HIV/AIDS Housing Information Integration Project — Grants (O 593-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 908
Federal Childhood Lead Poisoning Prevention Program — Grants —
environmental assessments — Health Department (O 709-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 877
Women’s Health Services Program — Grants (O 594-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 909
Ohio Department of Transportation (ODOT)
Consent to ODOT for Shoreway — Lakefront West Project (O 704-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875
Consent to ODOT for 1R-90 Bridge over Cuyahoga River Valley (O 705-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875
Ohio Environmental Protection Agency
Air Quality Division operation — financial assistance — Air Quality Division —
Grants Health Dept. (O 595-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 909
Parks, Recreation and Properties Department
Amend Sect(s) 559.02 & 559.238 — designating the cultural garden —
Albanian Cultural Garden (O 734-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Professional consultants to provide armed security services — various indoor
outdoor recreation facilities (O 403-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sell Convention Center to County — Medical Mart Facility (O 683-09) . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . 889
&
. . . . . . . . . . . . . . . . . . . . . . . . . . 892
. . . . . . . . . . . . . . . . . . . . . . . . . . 892

Peddlers
Sakellis, Irene — peddling — repeal Ord. 2067-04 — (Ward 19) (O 669-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911

920

May 20, 2009

The City Record

53

Police Division
Retirement dates of various police and fire personnel — extend
(O 456-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 906
Port Control Department
Amend Contract No. 62837 with Mercury Air Services, LLC — regarding rent credits
(O 699-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend Contract No. 66839 with In-Ter-Space Services, Inc., dba Interspace Airport
Advertising — regarding advertising services (O 449-09) . . . . . . . . . . . . . . . . . . . . . . . .
Concession agreements for special events (advertising) (O 732-09) . . . . . . . . . . . . . . . . . . .
Lease agreement with BP Products NA., Inc. — operation of an aviation fuel storage
& handling facility at CHIA (O 697-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lease agreement with Bradford Airport Logistics — operate a centralized
receiving & distribution center for all concessions operating at CHIA
(O 698-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Various leases at CHIA and Burke — use of certain Airport — owned space
(O 731-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . 873
. . . . . . . . . . . . . . . . . . 906
. . . . . . . . . . . . . . . . . . 889
. . . . . . . . . . . . . . . . . . 872

. . . . . . . . . . . . . . . . . . 873
. . . . . . . . . . . . . . . . . . 888

Professional Services
Armed security services — various indoor & outdoor recreation facilities
(O 403-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charles P. Braman & Co., Inc — Amend Contract No. 68583 — appraisals, relocation service,
project design, and other reviews — W. 74th St., Madison Ave., Harvard Ave., E. 79th
St. Bridges (O 701-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement contract — right-of-way — Uptown Development Project
(O 702-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement contract — right-of-way — Spring Brook Culvert
(O 703-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement contract — right-of-way — Upper Chester Development
(O 706-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Safety Department — contract — implement a records management system
(O 725-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . 892

. . . . . . . . . . . 874
. . . . . . . . . . . 874
. . . . . . . . . . . 874
. . . . . . . . . . . 876
. . . . . . . . . . . 882

Public Hearing (Notices)
Bellaire Rd. (between Hirst Ave. & W. 130th St.) change Use, Area Districts —
City Planning Commission (Ward 19) (O 556-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Central Ave., (north side) & Golden Ave. (between E. 79th St. & E. 83rd St.) —
change Use and Height District — City Planning Commission (Ward 06)
(O 557-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Riveredge Rd. (Old Lorain) — change the zoning — Multi — Family Residential
Local Retail Business (O 414-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . 902

. . . . . . . . . . . . . . . . . . . . . . 902
to
. . . . . . . . . . . . . . . . . . . . . . 902

Public Improvements
Amend Ord. No. 911-07 — Garden Valley Housing , CMHA (O 707-09). . . . . . . . . . . .
Contract — professional service — right-of-way — Uptown Development Project
(O 702-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contract — professional service — right-of-way — Spring Brook Culvert
(O 703-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contract — professional service — right-of-way — Upper Chester Development
(O 706-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . 876
. . . . . . . . . . . . . . . . . . . . . . . 874
. . . . . . . . . . . . . . . . . . . . . . . 874
. . . . . . . . . . . . . . . . . . . . . . . 876

Recognition
Decoration Day 2009 (R 747-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Holloway, Miranda (R 748-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Traynor, Officer Jim (R 749-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Resolution of Support
Demolish the old Howard Johnson building (R 739-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891
Right-of Way
Public Improvement
(O 702-09) . . . . .
Public Improvement
(O 703-09) . . . . .
Public Improvement
(O 706-09) . . . . .

contract — professional service
...............................
contract — professional service
...............................
contract — professional service
...............................

— Uptown Development Project
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 874
— Spring Brook Culvert
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 874
— Upper Chester Development
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 876

921

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54

May 20, 2009

Safety Department
Assistance to Firefighters Grant, 2008 — Prevention — FEMA (O 724-09) . . . . . . . . . . . . . . . . . . . .
Contracts — mobile data computers (O 733-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Law Enforcement Terrorism Protection Program, 2007 — Grant (O 721-09) . . . . . . . . . . . . . . . . . . .
License Agreement with United States Coast Guard (rights to use certain space at the Coast
Guard Station) (O 714-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Professional service — contract — implement a records management system (O 725-09) . . . . . . .
Retirement dates of various police and fire personnel — extend (O 456-09) . . . . . . . . . . . . . . . . . . .
Urban Area Security Initiative Program — Grant — Cuyahoga County (O 715-09). . . . . . . . . . . . .

. . . . . . . . . . 882
. . . . . . . . . . 889
. . . . . . . . . . 881
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879
882
906
879

Service Department
Amend Sect. 5 Ord. No. 689-08 — Waterloo Streetscape project (O 700-09) . . . . . . . . . . . . . . . . . . . .
Amend Ord. No. 911-07 — Garden Valley Housing, CMHA (O 707-09). . . . . . . . . . . . . . . . . . . . . . . . .
Amend Ord. No. 2457-02 — Kamm’s streetscape improvements (O 708-09) . . . . . . . . . . . . . . . . . . . . .
Charles P. Braman & Co., Inc — Amend Contract No. 68583 — appraisals, relocation service,
project design, and other reviews — W. 74th St., Madison Ave., Harvard Ave., E. 79th
St. Bridges (O 701-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consent to ODOT for Shoreway — Lakefront West Project (O 704-09) . . . . . . . . . . . . . . . . . . . . . . .
Consent to ODOT for 1R-90 Bridge over Cuyahoga River Valley (O 705-09) . . . . . . . . . . . . . . . . . .
Engineering services, geotechnical and environmental (O 454-09). . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement contract — professional service — right-of-way — Uptown Development
Project (O 702-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement contract — professional service — right-of-way — Spring Brook Culvert
(O 703-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement contract — professional service — right-of-way — Upper Chester
Development (O 706-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . 873
. . . . . . . . . . . 876
. . . . . . . . . . . 877

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874
875
875
906

. . . . . . . . . . . 874
. . . . . . . . . . . 874
. . . . . . . . . . . 876

Taxes
Enact Sect. 193.031 — additional purposes for the transient occupancy tax (bed tax)
(O 682-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 892
Utilities Department
Chemicals to control tree roots (O
Utilities Dept. (Water Division) —
(O 695-09) . . . . . . . . . . . . . . . . . . .
Utilities Dept. (Water Division) —
appurtenances (O 696-09) . . . . .
Utilities Dept. (Water Division) —
Billing System (O 720-09) . . . . .

504-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
contracts — test, evaluate, repair, or
....................................
contracts — various types of valves,
....................................
contracts — Sourcelink, Ohio LLC —
....................................

...............
replace roofs
...............
actuators, and
...............
Customer Care
...............

. . . . . . . . . . . . . . . . 907
. . . . . . . . . . . . . . . . 872
. . . . . . . . . . . . . . . . 872
and
. . . . . . . . . . . . . . . . 881

Ward 03
Amend Sect. 1 Ord. No. 564-09 — Mt. Pleasant Community Zone — agreement —
Community Health and Human Services Expo (Ward 03 NCF)
(O 741-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891
Ward 04
Amend Ord. No. 911-07 — Garden Valley Housing , CMHA (O 707-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 876
Ward 05
Amend Ord. No. 911-07 — Garden Valley Housing , CMHA (O 707-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 876
Euclid Ave., 1800 — objection to transfer of Liquor License — liquor permits
(R 679-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 903
Larkin, Brent — congratulations (R 746-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Ward 06
Amend Ord. No. 911-07 — Garden Valley Housing , CMHA (O 707-09). . . . . . . . .
Central Ave., (north side) & Golden Ave. (between E. 79th St. & E. 83rd St.)
and Height District — City Planning Commission (O 557-09) . . . . . . . . . . . .
Terry, Jr., Sherman S. — condolence (R 744-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

..........
— change
..........
..........

. . . . . . . . . . . . . . . . 876
Use
. . . . . . . . . . . . . . . . 902
. . . . . . . . . . . . . . . . 871

Ward 07
Public Improvement contract — professional service
(O 703-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Improvement contract — professional service
Development (O 706-09). . . . . . . . . . . . . . . . . . . . . . . .

— right-of-way
...............
— right-of-way
...............

922

— Spring Brook Culvert
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 874
— Upper Chester
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 876

May 20, 2009

The City Record

55

Ward 08
Demolish the old Howard Johnson building (R 739-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891

Ward 09
Pettit, Mother Cordie M. — congratulations (R 745-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Public Improvement contract — professional service — right-of-way — Uptown Development
Project (O 702-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 874

Ward 11
Amend Sect. 5 Ord. No. 689-08 — Waterloo Streetscape project (O 700-09) . . . . . . . . . . . . . . . . . . . .
East 200th St., 800 — withdraw objection to stock transfer — repeal Res. 426-09 —
liquor permits (R 680-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 185th St., 770 — withdraw objection to transfer of ownership — repeal Res. 513-09 —
liquor permits (R 681-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 185th St., 731-33 — withdraw objection to transfer of ownership — repeal Res. 884-08 —
liquor permit (R 735-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Larkin, Brent — congratulations (R 746-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scoop on Summer Program — agreement — Community Development — (Ward 11 NEF)
(O 737-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . 873
. . . . . . . . . . . 904
. . . . . . . . . . . 904
. . . . . . . . . . . 891
. . . . . . . . . . . 871
. . . . . . . . . . . 890

Ward 12
Zaremba, Kenneth E. — condolence (R 743-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871

Ward 13
Consent to ODOT for Shoreway — Lakefront West Project (O 704-09) . . . . . . . . . . . . . . . . . . .
Decoration Day 2009 — recognition (R 747-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Downtown Digs, A Guide to Living Downtown Program — promoting residential growth
Downtown Cleveland Alliance — Community Development (Ward 13 NCF)
(O 738-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 30th St. and Saint Clair Ave. (southeast corner) — change Use District
(O 280-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Traynor, Officer Jim — recognition (R 749-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . 875
. . . . . . . . . . . . . . . 871
—
. . . . . . . . . . . . . . . 890
. . . . . . . . . . . . . . . 904
. . . . . . . . . . . . . . . 871

Ward 14
Amend Sect. 1 Ord. No. 487-09 — Julia De Burgos Cultural Arts Center — agreement —
Cultural Instructional Program (Ward 14 NCF) (O 740-09) . . . . . . . . . . . . . . . . . . . . . . . . . .
Fulton Rd., 2906 (1st Fl.) — transfer of ownership application — liquor permit
(F 742-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Traynor, Officer Jim — recognition (R 749-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
W. 44th St., 3382 — withdraw objection to renewal — repeal Res. 1052-08 — liquor permit
(R 736-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . 891
. . . . . . . . . . . . . . 871
. . . . . . . . . . . . . . 871
. . . . . . . . . . . . . . 891

Ward 15
Saint Barbara Church, Rectory, and Convent — designate as landmark —
City Planning Commission (O 726-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 883

Ward 16
Larkin, Brent — congratulations (R 746-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871

Ward 17
Consent to ODOT for Shoreway — Lakefront West Project (O 704-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875
Traynor, Officer Jim — recognition (R 749-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871

Ward 18
Consent to ODOT for Shoreway — Lakefront West Project (O 704-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875
Larkin, Brent — congratulation (R 746-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871

Ward 19
Bellaire Rd. (between Hirst Ave. & W. 130th St.) change Use, Area Districts —
City Planning Commission (O 556-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 902
Sakellis, Irene — peddling — repeal Ord. 2067-04 (O 669-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911

923

The City Record

56

May 20, 2009

Ward 20
Holloway, Miranda — recognition (R 748-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871
Larkin, Brent — congratulations (R 746-09). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 871

Ward 21
Amend Ord. No. 2457-02 — Kamm’s streetscape improvements (O 708-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 877
Kamm’s Area Realty Management, LLC (partially finance the build-out & improvement
of property at 17404 Lorain Ave.) — contract (O 606-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910
Riveredge Rd. (Old Lorain) — change the zoning — Multi — Family Residential to
Local Retail Business (O 414-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 902

Water Division
Cause payment to Hunting Valley for an express main on South Woodland Rd.
(O 730-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities Dept. (Water Division) — contracts — test, evaluate, repair, or replace roofs
(O 695-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities Dept. (Water Division) — contracts — various types of valves, actuators, and
appurtenances (O 696-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities Dept. (Water Division) — contracts — Sourcelink, Ohio LLC —
Customer Care and Billing System (O 720-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . 888
. . . . . . . . . . . . . . . . . 872
. . . . . . . . . . . . . . . . . 872
. . . . . . . . . . . . . . . . . 881

Water Pollution Control Division
Chemicals to control tree roots (O 504-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 907

Zoning
Bellaire Rd. (between Hirst Ave. & W. 130th St.) change Use, Area Districts —
City Planning Commission (Ward 19) (O 556-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 30th St. and Saint Clair Ave. (southeast corner) — change Use District
(O 280-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Central Ave. (north side) & Golden Ave. (between E. 79th St. & E. 83rd St.) —
change Use and Height District — City Planning Commission (Ward 06)
(O 557-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Riveredge Rd. (Old Lorain) — change the zoning — Multi — Family Residential
Local Retail Business (O 414-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . 902
. . . . . . . . . . . . . . . . . . . . . . 904

. . . . . . . . . . . . . . . . . . . . . . 902
to
. . . . . . . . . . . . . . . . . . . . . . 902

Zoning Code
Amend Section 345.04 — General Industry Districts (O 728-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 883
Amend Sect(s) 343.01, 343.11, 343.14 — repeal various Sects. Chapters 325 & 343 —
Enact new Sect(s) Chapter 325 — regarding auto repair and related businesses
(O 729-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 885

924