2011-03-02.txt

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

March the Second, Two Thousand and Eleven

Frank G. Jackson

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

Mayor

Martin J. Sweeney

Containing

PAGE

President of Council

Patricia J. Britt
City Clerk, Clerk of Council

Ward Name
1 Terrell H. Pruitt
2 Zachary Reed
3 Joe Cimperman
4 Kenneth L. Johnson
5 Phyllis E. Cleveland
6 Mamie J. Mitchell
7 TJ Dow
8 Jeffrey D. Johnson
9 Kevin Conwell
10 Eugene R. Miller
11 Michael D. Polensek
12 Anthony Brancatelli
13 Kevin J. Kelley
14 Brian J. Cummins
15 Matthew Zone
16 Jay Westbrook
17 Dona Brady
18 Martin J. Sweeney
19 Martin J. Keane

Printed on Recycled Paper

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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DIRECTORY OF CITY OFFICIALS
CITY COUNCIL – LEGISLATIVE
President of Council – Martin J. Sweeney
Ward
Name Residence
1 Terrell H. Pruitt 3877 East 189th Street 44122
2 Zachary Reed 3734 East 149th Street 44120
3 Joe Cimperman P.O. Box 91688 44101
4 Kenneth L. Johnson 2948 Hampton Road 44120
5 Phyllis E. Cleveland 2369 East 36th Street 44105
6 Mamie J. Mitchell 12701 Shaker Boulevard, #712 44120
7 TJ Dow 7715 Decker Avenue 44103
8 Jeffrey D. Johnson 9024 Parkgate Avenue 44108
9 Kevin Conwell 10647 Ashbury Avenue 44106
10 Eugene R. Miller 13615 Kelso Avenue 44110
11 Michael D. Polensek 17855 Brian Avenue 44119
12 Anthony Brancatelli 6924 Ottawa Road 44105
13 Kevin J. Kelley 5904 Parkridge Avenue 44144
14 Brian J. Cummins 3104 Mapledale Avenue 44109
15 Matthew Zone 1228 West 69th Street 44102
16 Jay Westbrook 1278 West 103rd Street 44102
17 Dona Brady 1272 West Boulevard 44102
18 Martin J. Sweeney 3632 West 133rd Street 44111
19 Martin J. Keane 15907 Colletta Lane 44111
City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840
First Assistant Clerk — Sandra Franklin
MAYOR – Frank G. Jackson
Ken Silliman, Secretary to the Mayor, Chief of Staff
Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer
Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs
Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development
Monyka S. Price, Executive Assistant to the Mayor, Chief of Education
Maureen Harper, Executive Assistant to the Mayor, Chief of Communications
Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary
Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability
Natoya J. Walker Minor, Chief of Public Affairs — Interim Director of Equal Opportunity.
OFFICE OF CAPITAL PROJECTS – Jomarie Wasik, Director
DIVISIONS:
Architecture and Site Development – Robert Vilkas, Chief Architect, Manager
Engineering and Construction — _________, Manager
Real Estate — __________, Commissioner
DEPT. OF LAW – Robert J. Triozzi, Director, Barbara A. Langhenry, Chief Counsel,
Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel,
Room 106: Michael Ruffing, 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, Director, 1201 Lakeside Avenue
DIVISIONS:
Cleveland Public Power – Ivan Henderson, Commissioner
Street Lighting Bureau – ______________, Acting Chief
Utilities Fiscal Control – Dennis Nichols, Commissioner
Water – _________________, Commissioner
Water Pollution Control – Ollie Shaw, Commissioner
DEPT. OF PORT CONTROL – Ricky D. Smith, Director, Cleveland Hopkins
International Airport, 5300 Riverside Drive
DIVISIONS:
Burke Lakefront Airport – Khalid Bahhur, Commissioner
Cleveland Hopkins International Airport – Fred Szabo, Commissioner
DEPT. OF PUBLIC WORKS – Michael Cox, Director
OFFICES:
Administration – John Laird, Manager
Special Events and Marketing – Tangee Johnson, Manager
DIVISIONS:
Motor Vehicle Maintenance – Daniel A. Novak, Commissioner
Park Maintenance and Properties – Richard L. Silva, Commissioner
Parking Facilities – Leigh Stevens, Commissioner
Property Management – Tom Nagle, Commissioner
Recreation – Kim Johnson, Commissioner
Streets – _______, Commissioner
Traffic Engineering – Robert Mavec, Commissioner
Waste Collection and Disposal – Ron Owens, Commissioner
DEPT. OF PUBLIC HEALTH – Karen Butler, Interim Director, Mural Building, 75
Erieview Plaza
DIVISIONS:
Air Quality – Richard L. Nemeth, Commissioner
Environment – Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza
Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza

DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230
DIVISIONS:
Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street
Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd.
Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive
Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue
Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street
DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director
DIVISIONS:
Administrative Services – Terrence Ross, Commissioner
Fair Housing and Consumer Affairs Office – ________, Manager
Neighborhood Development – _______, Commissioner
Neighborhood Services – Louise V. Jackson, 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 PERSONNEL AND HUMAN RESOURCES – _________, Director, Room 121
DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210
DEPT. OF AGING – Jane Fumich, Director, Room 122
COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director, Mayor Frank
G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council
Member Brian Cummins, Council Member Eugene R. Miller, Jeff Marks, (Board Lawyer),
Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline
Hardaway, John O. Horton, Annie Key, Stephanie Morrison-Hrbek, Roland Muhammad,
Gia Hoa Ryan, Ted C. Wammes, Peter Whitt.
CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L.
Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan,
Michael Flickinger.
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, Jan Huber, 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; Council Member Eugene R. Miller.
BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities
Director Barry A. Withers; 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 Phyllis E. Cleveland.
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 – Courtroom 15A
Judge Marilyn B. Cassidy – Courtroom 12B
Judge Michelle Denise Earley – Courtroom 12C
Judge Emanuella Groves – Courtroom 14B
Judge Anita Laster Mays – Courtroom 14C
Judge Lynn McLaughlin-Murray – Courtroom 12A
Judge Lauren C. Moore – Courtroom 14A
Judge Charles L. Patton, Jr. – Courtroom 13D
Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B
Judge Michael John Ryan – Courtroom 13A
Judge Angela R. Stokes – Courtroom 15C
Judge Pauline H. Tarver – Courtroom 13C
Judge Joseph J. Zone – Courtroom 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, Victor Perez – City Prosecutor

The City Record
OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

WEDNESDAY, MARCH 2, 2011

Vol. 98

No. 5073

CITY COUNCIL
MONDAY, FEBRUARY 28, 2011
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

1:30 P.M. — City Planning Committee: Cleveland, Chair; Westbrook,
Vice Chair; Brady, Conwell, Dow,
Keane, Zone.
The following Committees are
subject to the Call of the Chair:
Rules Committee: Sweeney, Chair;
Cleveland, Keane, Polensek, Pruitt.
Personnel and Operations Committee: Westbrook, Chair; Conwell, K.
Johnson, Kelley, Mitchell, Sweeney,
Zone.

PERMANENT SCHEDULE
STANDING COMMITTEES
OF THE COUNCIL
2010-2013

Mayor’s Appointment Committee:
Dow, Chair; Cleveland, Kelley, Miller, Sweeney.

MONDAY — Alternating

OFFICIAL PROCEEDINGS
CITY COUNCIL

9:30 A.M. — Public Parks, Properties, and Recreation Committee: K.
Johnson, Chair; Conwell, Vice Chair;
Brancatelli, Cimperman, Dow, Polensek, Reed.
9:30 A.M. — Health and Human
Services
Committee:
Cimperman,
Chair; J. Johnson, Vice Chair; Conwell, Keane, Kelley, Reed, Zone.
11:00 A.M. — Public Service Committee: Miller, Chair; Cummins, Vice
Chair; Cleveland, Dow, K. Johnson,
Keane, Polensek, Pruitt, Sweeney.
11:00 A.M. — Legislation Committee: Mitchell, Chair; K. Johnson,
Vice Chair; Brancatelli, Cimperman,
Cleveland, Reed, Sweeney.
MONDAY
2:00 P.M. — Finance Committee:
Sweeney, Chair; Kelley, Vice Chair;
Brady, Brancatelli, Cleveland, Keane,
Miller, Mitchell, Polensek, Pruitt,
Westbrook.
TUESDAY
9:30 A.M. — Community and Economic Development Committee: Brancatelli, Chair; Dow, Vice Chair; Cimperman, Cummins, J. Johnson, Miller,
Pruitt, Westbrook, Zone.
1:30 P.M. — Employment, Affirmative Action and Training Committee: Pruitt, Chair; Miller, Vice
Chair; Cummins, J. Johnson, K.
Johnson, Mitchell, Westbrook.
WEDNESDAY — Alternating
10:00 A.M. — Aviation and Transportation Committee: Keane, Chair;
Pruitt, Vice Chair; Cummins, J. Johnson, K. Johnson, Kelley, Mitchell.
10:00 A.M. — Public Safety Committee: Conwell, Chair; Polensek,
Vice Chair; Brady, Cleveland, Cummins, Dow, Miller, Mitchell, Zone.

______________
Cleveland, Ohio
Monday, February 28, 2011
The meeting of the Council was
called to order, The President, Martin J. Sweeney in the Chair.
Council Members present: Brady,
Brancatelli, Cimperman, Cleveland,
Conwell, Cummins, Dow, J. Johnson,
K. Johnson, Keane, Kelley, Miller,
Mitchell, Polensek, Pruitt, Reed,
Sweeney, Westbrook and Zone.
Also present were Mayor Frank G.
Jackson, Ken Silliman, Chief of
Staff, Darnell Brown, Chief Operating Officer, Chris Warren, Chief of
Regional Development, Monyka S.
Price, Chief of Education, Andrew
Watterson, Chief of Sustainability,
Natoya J. Walker-Minor, Chief of
Public Affairs — Interim Director of
Office of Equal Opportunity, and
Directors Triozzi, Dumas, Withers,
Flask, Cox, Rush, Griffin, Brown,
Fumich, Lucille Ambroz, Secretary,
Civil Service and Teresa Stevenson
of Legislative Affairs,
Council Members, Administration,
Staff, and those in the audience rose
for a moment of silent reflection.
Pledge of Allegiance.
MOTION

amended by Ordinance No. 171-04
passed February 4, 2004 relating to
armed security guards.
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 670.14 of the
Codified Ordinances of Cleveland,
Ohio, 1976, as amended by Ordinance
No. 171-04, passed February 4, 2004, is
hereby amended to read as follows:
Section 670.14 Limitation of Authority
The Director of Public Safety may
designate the property or the geographical area of the City within
which an armed security guard commissioned by the City may exercise
his or her authority.
Commissioned
armed
security
guards shall have the power to arrest
any person who commits a misdemeanor in his or her presence.
Commissioned
armed
security
guards shall not obtain search warrants or warrants for arrest or perform any other specific function
which the Director of Safety may, by
rules and regulations, reserve exclusively to the Division of Police or
which are exclusively reserved by the
ordinances of the City and the City
Charter to the Division of Police.
Commissioned
armed
security
guards shall exercise their authority
consistent with all applicable federal,
state, and local laws
Section 2. That existing Section
607.14 of the Codified Ordinances of
Cleveland, Ohio, 1976, as amended by
Ordinance No. 171-04 passed February
4, 2004 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.
Referred to Directors of Public
Safety, Law; Committees on Public
Safety, Legislation, Finance.

On the motion of Council Member
Westbrook, the reading of the minutes of the last meeting was dispensed with and Clerk was instructed to correct the journal of the February 7, 2011, meeting of the Council (City Record Volume 98, page
151), to reflect the correct printing
of Ordinance No. 188-11 as it appears
in the First Reading Emergency
Ordinances
Referred
portion
by
striking Ordinance No. 188-11 in its
entirety and inserting the following:

File No. 190-11-A.
From the Director of the Department of Community Development.
RE: Transmittal of the Department of Community Development’s
2011 Consolidated Plan Document.
Received.

Ord. No. 188-11.
By Council Member Conwell.
An emergency ordinance to amend
Section 670.14 of the Codified Ordinances of Cleveland, Ohio, 1976, as

File No. 267-11.
From Director of Department of
Mayor’s Office of Capital Projects —
Division of Architecture and Site
Development
—
Contract
No.

COMMUNICATIONS

STATEMENT OF WORK
ACCEPTANCE

WEDNESDAY — Alternating
1:30 P.M. — Public Utilities Committee: Kelley, Chair; Brady, Vice
Chair; Conwell, Cummins, Dow, Mil ler, Polensek, Pruitt, Westbrook.

263

The City Record

4
P12010000000016
with
Envirocom
Construction for the improvement of
Ridge Road Service Center Siding
Repair. (Ward 15) Received.
FROM THE DEPARTMENT OF
LIQUOR CONTROL
File No. 268-11.
Re: #8869459 — D5, D6 Transfer
of Ownership Application — 3877
Lakeside Inc., dba Jimmy B, 1st
floor and basement, 3877 Lakeside
Avenue. (Ward 3). Received.
File No. 269-11.
Re: #2455380 — D1, D2, D3, D3A,
D6 Transfer of Ownership and Location Application — 1889 West 25th
Street, LTD, 1889 West 25th Street.
(Ward 3). Received.
CONDOLENCE RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
by a rising vote:
Res. No. 270-11—Irene A. Pelikan.
Res. No. 271-11—Joseph A. Costanzo.
Res. No. 272-11—Mamie Sue Johnson.
Res. No. 273-11—Willa L. McNear.
Res. No. 274-11—Daniel J. Kane.
Res. No. 275-11—William W. Aerni,
Jr.
Res. No 276-11—Clyde A. Madison.
Res. No. 277-11—Sarah Tranchito.
Res.
No.
292-11—Wendell
D.
(Jerry) Kemerer, Jr.
CONGRATULATION RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 278-11—Richard Clark.
Res. No. 279-11—Richard F. Coyne.
Res. No. 280-11—Judge Patricia
Ann Gaughan.
Res. No. 281-11—Sr. Mary Ann
Flannery.
Res. No. 282-11—Chris Coburn.
Res. No. 283-11—Dylan P. Friedman.
Res. No. 284-11—Dick Goodard –
80th Birthday.
RECOGNITION RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 285-11—Greater Cleveland
Aquarium.
Res. No. 286-11—Cleveland Dietetic
Association/National
Nutrition
Month 2011.
Res. No. 287-11—National Multiple
Sclerosis (MS) Education & Awareness Month.
Res.
No.
288-11—Theodore
E.
Sliwa.
Res. No. 289-11—Girl Scout Week.
Res. No. 290-11—National Teen
Dating Violence Awareness and Prevention Month.
Res. No. 291-11—On Leong Chinese
Merchants Assn. (Chinese Lunar
New Year Celebration).
FIRST READING EMERGENCY
ORDINANCES REFERRED
Ord. No. 241-11.
By Council Member Polensek.
An emergency ordinance to amend
Section 676.06 of the Codified Ordinances of Cleveland, Ohio, 1976, as
amended by Ordinance No. 66-08,
passed June 2, 2008 relating to retention requirements of certain regulated items.
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 676.06 of the
Codified Ordinances of Cleveland,
Ohio, 1976, as amended by Ordinance
No. 66-08 passed June 2, 2008 is hereby
amended to read as follows:
Section 676.06 Junk Dealer’s and
Scrap Metal Processor’s Reporting
and Retention Requirements’ Inspections
(a) Every junk dealer and every
scrap metal processor shall keep at
each place of business maintained by
either of them a legibly written or
typed record which contains a general description of the aggregate material in each load delivered to that place
of business in a vehicle other than a
vehicle which is owned by or leased to
the junk dealer or scrap metal processor who owns that place of business.
In such record the junk dealer or
scrap metal processor shall list the
name and address of the vendor and
the license number of the motor vehicle, trailer, or other vehicle in which
the material was delivered to the
junk dealer or the scrap metal processor.
(b) In addition to the information
required by division (a) of this section, a junk dealer or scrap metal
processor who accepts any delivery of
a regulated item from a vendor who is
not an “Exempt Entity,” as defined in
division (g) of this section, shall also
create and maintain a record which
contains the following:
(1) The name, initials, or other
identification of the individual entering the information in the record;
(2) The date and time of the transaction;
(3) The weight and a description of
the type of regulated item purchased
in the transaction;
(4) The amount of consideration
given in a purchase transaction for
the regulated item;
(5) A photocopy of a valid driver’s
license issued by any state or identification card issued by the State of
Ohio, which belongs to and is presented by the person delivering the regulated item or items. If said person is
unable to supply either form of identification described in this paragraph,
the junk dealer or scrap metal processor shall not accept delivery of the
regulated item or items;
(6) As complete a description as
possible of the vehicle used to transport the acquired regulated items, but
not less than the make, type, and color
or colors.
(c) (i) In addition to supplying the
information required by divisions (a)
and (b) of this section, a junk dealer
or scrap metal processor who accepts
any delivery of a single regulated
item which is described in division
(a)(5)A. of Section 676.01, regardless
of amount, or any delivery of a single
regulated item which is described in
division (a)(5)B. of Section 676.01 in
one day in an amount equal to or
greater than three hundred (300)
pounds, or any delivery of a single
regulated item which is described in
division (a)(5)E. of Section 676.01,
regardless of amount, from one vendor who is not an “Exempt Entity,” as
defined in division (g) of this section,
shall also keep that delivery in its
original form, accessible, identifiable, and intact for a period of three
(3) days, excluding Saturdays, Sundays, and legal holidays, from the
date upon which the junk dealer or
scrap metal processor accepted the
delivery.

264

March 2, 2011
(ii) In addition to supplying the
information required by divisions (a)
and (b) of this section, a junk dealer
or scrap metal processor who accepts
any delivery of a regulated item
described as a catalytic converter in
division (a)(5) (I) of section 676.01,
from a vendor who is not an “Exempt
Entity”, shall keep that delivery in its
original form, accessible, identifiable
and intact for a period of ten (10)
days, excluding Saturdays, Sundays
and legal holidays, from the date
upon which the junk dealer or scrap
metal processor accepted the delivery.
(iii) Notwithstanding divisions (c)
(i) and (ii) of this section, if a law
enforcement officer gives written
notice that stolen material has been
found among the regulated items
which are held pursuant to this division, the junk dealer or scrap metal
processor in whose possession the
material is found shall keep it in its
original form, accessible, identifiable
and intact until such time as the law
enforcement officer is able to seize
the material as evidence, but not more
than ten (10) business days from the
date the law enforcement officer
gives the written notice required by
this sentence.
(d) Notwithstanding any other provision of this section, if a law enforcement officer gives written notice to a
junk dealer or scrap metal processor
of items, materials or types of items
or materials which the law enforcement agency is attempting to locate
(“Suspect Items”), the following provisions shall apply:
(1) The law enforcement officer
shall transmit such a notice by facsimile (“fax”) machine or by personal
service;
(2) The notice shall be in effect for
seven (7) calendar days and shall
describe the Suspect Items in sufficient detail to reasonably apprise the
junk dealer or scrap metal processor
of exactly which items, materials, or
types of items or materials constitute
Suspect Items for the purposes of the
notice. provided that a law enforcement officer may add additional such
seven (7) day periods if the law
enforcement officer gives the junk
dealer or scrap metal processor actual
notice of each such extension by fax
machine or personal service;
(3) Regardless of the amount of
delivery, whether the item or material
is a regulated item, or whether the
vendor is an Exempt Entity:
A. the requirements of division (b)
shall apply to all deliveries of Suspect
Items; and
B. a junk dealer or scrap metal
processor shall keep a Suspect Item or
Suspect Items in its original form,
accessible, identifiable, and intact for
a period of three (3) days, excluding
Saturdays, Sundays, and legal holidays, from the date upon which the
junk dealer or scrap metal processor
receives the notice, provided that a
law enforcement officer may add
additional such three (3) day periods
up to a maximum of nine (9) additional days if the law enforcement officer
gives the junk dealer or scrap metal
processor actual notice of each such
extension by fax machine or personal
service;
(4) Each law enforcement agency
shall keep a log of the notices transmitted pursuant to this division. The
log shall contain:
A. the fax number to which the
notice was sent or the name of the person upon whom the notice was served;
B. the date and time of the fax
transmittal or the personal service;
C. the name of the person who sent
the fax or made the personal service;
and

March 2, 2011
D. in the case of all notices sent by
fax machine, the sheet printed by the
fax machine which verifies the transmittal.
If the law enforcement agency’s log
contains all of the above-listed information, the notice shall be deemed
received by a particular junk dealer
or scrap metal processor as of the date
and time contained in the log. If the
law enforcement agency’s log does
not contain all of the above-listed
information, any junk dealer or scrap
metal processor with respect to whom
the log is deficient shall have no
obligation to comply with this division;
(5) If a notice is deemed received
by a junk dealer or scrap metal
processor and the dealer or processor
accepts delivery of a Suspect Item or
Suspect Items during the period
described in paragraph (2) of this
division, the dealer or processor shall
immediately notify the Fraud Unit of
the City’s Division of Police;
(6) If a junk dealer or scrap metal
processor notifies the Fraud Unit of
the City’s Division of Police pursuant
to paragraph (5) of this division, a
law enforcement officer shall visit
the premises of the dealer or processor to inspect the Suspect Item or Suspect Items by the end of the next day,
excluding Saturdays, Sundays, and
legal holidays;
(7) If a law enforcement officer
does not comply with the provisions
of paragraph (6) of this division, the
junk dealer or scrap metal processor
shall no longer be subject to the provisions of paragraph (3)B. of this
division with respect to the delivery
of Suspect Items of which the dealer
or processor gave notice pursuant to
paragraph (6) of this division;
(8) Notwithstanding any other provision of this division, if a law
enforcement officer identifies in particular delivery of a Suspect Item as
stolen, the dealer or processor in
whose possession the delivery is
found shall keep it in its original
form, accessible, identifiable and
intact until such time as the law
enforcement officer is able to seize
the delivery as evidence, but not more
than ten (10) business days from the
date the law enforcement officer identified Suspect Items as stolen;
(9) The Director of Public Safety
shall make quarterly reports to the
Council to convey the following information:
A. the number of notices transmitted by fax and the number served personally;
B. the period for holding a Suspect
Item set forth in each notice served;
C. whether any Suspect Items were
located by the Division of Police as a
result of any of the notices.
(e) Within two (2) business days
after a transaction described in division (c) of this section, the information described in division (b) of this
section which pertains to that transaction shall be transferred to or made
part of a permanent record which
shall be kept by the junk dealer or
scrap metal processor for at least one
year after the date of the transaction.
Nothing in this division shall be construed to decrease any period of
mandatory record retention contained
in any other state or local law or regulation applicable to junk dealers or
scrap metal processors.
(f) All records described in this section, all regulated items, and all materials described in division (d) of this
section shall be available at all reasonable times for inspection by any
law
enforcement
officer.
Such
records, items, and materials shall

The City Record
also be available for inspection by the
Commissioner of Assessments and
Licenses and persons duly authorized
by the Commissioner at such reasonable times as are necessary to ensure
compliance with this chapter.
(g) For purposes of this section, an
“Exempt Entity” is:
(1) any industrial or commercial
entity which generates a regulated
item or regulated items in the ordinary course of its business; or
(2) any entity which delivers a regulated item or regulated items
derived from a demolition for which
the Commissioner of Building and
Housing has issued a permit pursuant
to Section 3115.04, or for which a similar license or permit has been issued
outside of the City.
(h) Divisions (b) through (g) of
this section shall apply also to secondhand dealers.
Section 2. That existing Section
676.06 of the Codified Ordinances of
Cleveland, Ohio, 1976, as amended by
Ordinance No. 66-08 passed June 2,
2008 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.
Referred to Directors of Public
Safety, Finance, Law; Committees on
Public Safety, Legislation, Finance.
Ord. No. 242-11.
By Council Members Conwell,
Miller, Cleveland and Sweeney (by
departmental request).
An emergency ordinance authorizing the acquisition of certain easement interests from University Hospital Health Systems, Inc. for a sidewalk at the newly constructed Medical Center Cancer Hospital, for the
Office of Capital Projects.
Whereas, this ordinance constitutes
an emergency measure providing for
the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of the
City of Cleveland:
Section 1. That notwithstanding
and as an exception to the Codified
Ordinances of Cleveland, Ohio, 1976,
the Commissioner of Purchases and
Supplies is authorized to acquire certain easement rights from University
Hospital Health Systems, Inc. for a
sidewalk at the newly constructed
Medical Center Cancer Hospital, in
and to the premises more particularly
described as follows:
Description of a 0.025 Acre Tract
Located southwesterly of
Cornell Road and southeastern of
Euclid Avenue, Cleveland, Ohio
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio, being part of the Original 100
Acre Lot No. 403, Range 2 West, Township 8 North of the Connecticut Western Reserve Survey and being a part
of Parcel A-1 of the Lot Consolidation
Plat for the University Hospitals
Health System, Inc. as recorded in
Plat Volume 360, Page 46, all record
document references in this legal
description being to the Recorder’s
Office, Cuyahoga County, Ohio and
being more particularly bounded and
described as follows:
Commencing from a drill hole found
in a monument box at the intersection
of the centerline of Euclid Avenue,
now 100 feet wide, and the centerline
of Cornell Road S.E., 60 feet wide;

265

5
Thence South 46°08'19" East, a distance of 260.16 feet along the centerline of said Cornell Road S.E. to a
point;
Thence South 43°51'41" West, a distance of 30.00 feet to point on the
southwesterly right-of-way line of
said Cornell Road S.E. and on the
northeasterly line of said Parcel A-1,
said point also being the TRUE
POINT OF BEGINNING of the herein
described tract of land;
01. Thence South 46°08'19" East, a
distance of 119.63 feet along the
southwesterly right-of-way line of
said Cornell Road S.E. and along the
northeasterly line of said Parcel A-1
to a point;
02. Thence South 88°51'41" West, a
distance of 11.31 feet through said
Parcel A-1 to a point;
03. Thence North 46°08'19" West, a
distance of 103.63 feet through said
Parcel A-1 to a point;
04. Thence North 1°08'19" West, a
distance of 11.31 feet through said
Parcel A-1 to the True Point of Beginning and containing 0.0205 acres,
more or less, and subject to all legal
easements, restrictions, reservations,
conditions and rights-of-way of previous record.
The basis of bearing in this description is based on the southeasterly line
of Euclid Avenue being North
43°49'06 West as recorded in the Lot
Split for University Circle Incorporated in Plat Volume 251, Page 53. This
description is based on a field survey
made by Michael Benza & Associates,
Inc. in February 2009 under project
number 4305.
Section 2. That the cost of the acquisition of the easement rights shall be
One Dollar and other valuable consideration which is determined to be fair
market value or the amount of the
jury verdict in the event eminent
domain is needed to acquire the easement interests in and to the premises.
The purchase price, appraisal, title,
escrow, and all other costs incurred in
acquiring the easement interests
shall be paid from the fund or funds
deemed appropriate by the Director of
Finance.
Section 3. That the Director of Capital Projects is authorized to execute
all documents on behalf of the City of
Cleveland necessary to acquire certain rights in and to the premises.
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 Capital
Projects, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Finance.
Ord. No. 243-11.
By Council Members Miller, Cleveland, Mitchell and Sweeney (by
departmental request).
An emergency ordinance to amend
Section 514.04 of the Codified Ordinances of Cleveland, Ohio, 1976, as
enacted by Ordinance No. 884-10,
passed August 18, 2010, relating to
permit fee, issuance and duration of
permits for temporary streetscape
amenities in the public right-of-way.
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:

6
Section 1. That Section 514.04 of the
Codified Ordinances of Cleveland,
Ohio, 1976, as enacted by Ordinance
No. 884-10, passed August 18, 2010, is
amended to read as follows:
Section 514.04 Permit Fee, Issuance
and Duration
(a) An application for a permit
shall be accompanied by a fee of one
hundred and fifty dollars ($150.00),
plus $10.00 for each individual amenity for which a permit is desired.
(b) On approval of the application
by the Director of Public Service, the
Director of the City Planning Commission, the Secretary of the Landmarks Commission, and any other
Director that the Director of Public
Service deems applicable, and in compliance with the Council notification
provision described below, the Director of Public Service shall issue a permit under this Chapter.
(c) No permit shall be issued until
the members of Council of the wards
affected have been provided with
written notice by the Director of Public Service and until the expiration of
thirty (30) days from the date of this
notice, unless the period of thirty (30)
days is expressly waived by the Council members in writing.
(d) Permits shall be valid for not
more than a twelve month period. No
permit shall extend beyond March
31st of any year. Permits may be
renewed, on a form provided by the
Director, provided all the requirements of this Chapter are met, and no
changes have been made from the previous approved application. The permit renewal fee shall be one hundred
dollars ($100.00), plus $10.00 for each
individual amenity. If there are
changes to the application, a new
application must be made under this
application and the appropriate permit fee shall accompany the application.
Section 2. That existing Section
514.04 of the Codified Ordinances of
Cleveland, Ohio, 1976, as enacted by
Ordinance No. 884-10, passed August
18, 2010, 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 Capital
Projects, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Legislation,
Finance.
Ord. No. 244-11.
By Council Members Miller and
Sweeney (by departmental request).
An emergency ordinance to amend
Section 8 of Ordinance No. 1273-09,
passed December 7, 2009, relating to
the rehabilitation of Cedar Avenue
from East 21st Street to East 55th
Street.
Whereas, this ordinance constitutes
an emergency measure providing for
the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of the
City of Cleveland:
Section 1. That Section 8 of Ordinance No. 1273-09, passed December 7,
2009, is amended to read as follows:
Section 8. 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,

The City Record
20 SF 506, 20 SF 510, 20 SF 520, 20 SF
528, 20 SF 657, 52 SF 001, and 54 SF 001,
Request Nos. 118514 and RQS 4004, RL
2011-33.
Section 2. That existing Section 8 of
Ordinance No. 1273-09, passed December 7, 2009, 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 Capital
Projects, Finance, Law; Committees
on Public Service and Finance.
Ord. No. 245-11.
By Council Member Sweeney (by
departmental request).
An emergency ordinance to amend
Section 443.13 of the Codified Ordinances of Cleveland, Ohio, 1976, as
enacted by Ordinance No. 1828-77,
passed June 8, 1978, relating to drivers’ licenses and applications for
public hacks.
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 443.13 of the
Codified Ordinances of Cleveland,
Ohio, 1976, as enacted by Ordinance
No. 1828-77, passed June 8, 1978, is
amended to read as follows:
Section 443.13 Driver’s Licenses;
Application
Every person driving a public hack,
shall be licensed as such. Each applicant for a driver’s license shall:
(a) Be eighteen years of age or over
and an American citizen, or have
declared his intention to become a citizen, on the date of application.
(b) Present a certificate from a
qualified physician that he is sound
physically and mentally, has good
eyesight, and that he suffers from no
other infirmity of body and mind,
which might render him unfit for the
safe operation of a public vehicle.
(c) Be able to read and write the
English language.
(d) Be clean in dress and person,
and not be addicted to the use of
intoxicating liquors or drugs.
(e) Produce, on forms to be provided by the Commissioner of Assessments and Licenses, two character
references of persons not related to
applicant.
(f) Fill out, upon a blank form to be
provided by the Commissioner, a
statement giving his full name, residence, places of residence for five
years previous to moving to his present address, age, color, height, color
of eyes and hair, place of birth, length
of time he has resided at his present
address, whether he is a citizen of the
United States, places of previous
employment, whether married or single, whether he has ever been arrested or convicted of a felony or misdemeanor, whether he has been summoned to court, whether he has previously been licensed as a driver or
chauffeur, and if so, whether his
license has ever been revoked, and for
what cause, which statement shall be
signed and sworn to by the applicant,
and filed with the Commissioner, as a
permanent record. Any false statement made by the applicant for a
license shall be promptly reported by
the Commissioner to the prosecuting

266

March 2, 2011
attorney of Cuyahoga County. The
Commissioner is hereby authorized
and empowered to establish such
additional rules and regulations, covering the issuance of drivers’ licenses, not inconsistent herewith, as may
be necessary and reasonable.
Section 2. That existing Section
443.13 of the Codified Ordinances of
Cleveland, Ohio, 1976, as enacted by
Ordinance No. 1828-77, passed June 8,
1978, 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 Finance,
Law; Committees on Legislation,
Finance.
Ord. No. 246-11.
By Council Members Keane and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Port Control to
exercise the first option to renew Contract No. 69009 with KS Associates,
Inc. to provide professional services
to provide drawings of the existing
and proposed airfield signage, lighting, and marking plans, as required
for certification of Cleveland Hopkins International Airport by the Federal Aviation Administration, and
update drawings, as required.
Whereas, under the authority of
Ordinance No. 1239-07, passed September 24, 2007, the Director of Port Control entered into Contract No. 69009
with KS Associates, Inc. to drawings
of the existing and proposed airfield
signage, lighting, and marking plans,
as required for certification of Cleveland Hopkins International Airport
by the Federal Aviation Administration,
and
update
drawings,
as
required; and
Whereas, Ordinance No. 1239-07
requires further legislation before
exercising the first option to renew on
this contract; 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 exercise the
first option to renew Contract No.
69009 for an additional year at a cost
not to exceed $35,000 with KS Associates, Inc. to provide drawings of the
existing and proposed airfield signage, lighting, and marking plans, as
required for certification of Cleveland Hopkins International Airport
by the Federal Aviation Administration,
and
update
drawings,
as
required. This ordinance constitutes
the additional legislative authority
required by Ordinance No. 1239-07 to
exercise this option. (RQS 3001, RL
2011-10)
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 Port Control, Finance, Law; Committees on
Aviation
and
Transportation,
Finance.

March 2, 2011
Ord. No. 247-11.
By Council Members Keane, Cleveland and Sweeney (by departmental
request).
An emergency ordinance determining the method of making the public
improvement of constructing a new
surface public parking area, demolishing the long-term parking garage
and the Bomb Squad Building, converting employees lots into public
parking lots, installing canopies over
certain lots and areas, and installing
landscaping,
fencing
and
other
amenities; authorizing the Director of
Port Control to enter into one or more
contracts for the making of the
improvement; authorizing design services, if needed; to enter into various
written
standard
purchase
and
requirement contracts necessary for
the purchase of materials equipment,
supplies, and services to implement
the improvement, install a parking
guidance
system,
pay
on
foot
machines, and similar amenities,
including installation and testing;
and authorizing the Director to
employ one or more professional consultants for parking management services, for a period of five years with
one five-year option to renew, exercisable through additional legislative
authority.
Whereas, the unique design, time,
budgetary, or other material elements
of this project can benefit from the
special care, coordination, and expeditiousness possible by performance
of both the professional design services and the construction under a
design-build approach contract with a
single entity; and
Whereas, this ordinance constitutes
an emergency measure providing for
the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of the
City of Cleveland:
Section 1. That, under Section 167 of
the Charter of the City of Cleveland,
this Council determines to make the
public improvement of constructing a
new surface public parking area,
demolishing the long-term parking
garage and the Bomb Squad Building,
converting employees lots into public
parking lots, installing canopies over
certain lots and contiguous pedestrian areas, and installing landscaping,
fencing and other amenities (the
“Improvement”), for the Division of
Cleveland Hopkins International Airport, Department of Port Control, by
one or more design-build or engineerprocure-construct contracts duly let
to the person, firm, or corporation or
combination of them submitting the
best proposal, taking into consideration the engineering and design, the
construction method, the proposed
design and construction costs, the
total life-cycle costs, the qualifications of the proposed design professional and construction firm, and the
other objectives of the Improvement.
The selection of the person, firm, or
corporation to design and construct
the Improvement shall be made by the
Board of Control on the nomination of
the Director of Port Control from a
list of qualified and available persons, firms, or corporations, as may be
determined by the Director of Port
Control after making a full and complete canvass for the purpose of compiling the list. The Board of Control
shall fix the total compensation to be
paid for all design and construction
and procurement necessary for the
Improvement. The contract or contracts shall be prepared by the Director of Law, approved by the Director
of Port Control, and certified by the
Director of Finance.

The City Record
Section 2. That, alternatively, under
Section 167 of the Charter of the City
of Cleveland, this Council determines
to make the public improvement
described in Section 1 of this ordinance, for the Division of Cleveland
Hopkins
International
Airport,
Department of Port Control, by one or
more contracts duly let to the lowest
responsible bidder after competitive
bidding upon a unit basis for the
Improvement.
That the Director of Port Control 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 3. That, alternatively, the
Director of Port Control is authorized
to employ by contract or contracts one
or more consultants or one or more
firms of consultants for the purpose
of supplementing the regularly
employed staff of the several departments of the City of Cleveland in
order to provide professional services
necessary to design the Improvement
described in Section 1, to perform
related construction management services, to provide any necessary quality control and quality assurance services and regulatory compliance services relating to 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 Port Control from a
list of qualified consultants available
for employment as may be determined
after a full and complete canvass by
the Director of Port Control for the
purpose of compiling a list. The compensation to be paid for the services
shall be fixed by the Board of Control.
The contract or contracts authorized
shall be prepared by the Director of
Law, approved by the Director of Port
Control, and certified by the Director
of Finance.
Section 4. That the Director of Port
Control is authorized to employ by
contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff
of the several departments of the City
of Cleveland in order to provide professional services necessary to provide parking management services,
for a period of five years, with one
five-year option to renew, exercisable
through additional legislative authority.
The selection of the consultants for
the services shall be made by the
Board of Control on the nomination of
the Director of Port Control from a
list of qualified consultants available
for employment as may be determined
after a full and complete canvass by
the Director of Port Control for the
purpose of compiling a list. The compensation to be paid for the services
shall be fixed by the Board of Control.
The contract or contracts authorized
shall be prepared by the Director of
Law, approved by the Director of Port
Control, and certified by the Director
of Finance.
Section 5. That notwithstanding
and as an exception to the provisions
of Chapters 181 and 183 of Codified
Ordinances of the City of Cleveland,
the Director of Port Control is authorized to execute all documents and
pay all fees necessary to acquire any
real estate interests needed for the
Improvement.

267

7
Section 6. That the Director of Port
Control 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 7. That the Director of Port
Control 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, for a period of five years with
one five-year option to renew, exercisable through additional legislative
authority, for the necessary items of
materials, equipment, supplies, and
services necessary to implement the
Improvement, including but not limited to, labor and materials if necessary
for installation, to install a parking
guidance
system,
pay
on
foot
machines, and similar amenities,
including installation and testing, to
be purchased by the Commissioner of
Purchases and Supplies on a unit
basis for the Department of Port Control. 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 8. That the costs of the
requirement
contract
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 9. That under Section 108(b)
of the Charter, the purchases authorized by this ordinance may be made
through cooperative arrangements
with other governmental agencies.
The Director of Port Control 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 cost of the contracts authorized under this ordinance shall be paid from Fund Nos. 60
SF 104, 60 SF 106, 60 SF 112, 60 SF 115,
20 SF 116, 60 SF 117, 60 SF 119, 60 SF
121, 60 SF 122, 60 SF 128, 60 SF 130, 60
SF 141, and from the fund or funds to
which are credited the proceeds of
any eligible future airport bonds,
RQS 3001, RL 2011-32.
Section 11. 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. 248-11.
By Council Members K. Johnson
and
Sweeney
(by
departmental
request).
An emergency ordinance authorizing the Director of Public Works to
enter into an agreement with the Murtis Taylor Human Services System to
allow Murtis Taylor to use ten parking spaces at the Alexander Hamilton
Recreation Center, at no cost, for a
period of one year.

8
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 Works is authorized to enter into
an agreement with the Murtis Taylor
Human Services System to allow them
to use ten parking spaces at the
Alexander Hamilton Recreation Center, at no cost, on an as-available
basis, for a period of one year.
Section 2. That the agreement 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 Public
Works, Finance, Law; Committees on
Public Service, Finance.
Ord. No. 249-11.
By Council Members Reed, K. Johnson, Cleveland,
and Sweeney (by
departmental request).
An emergency ordinance authorizing the Director of Public Works to
execute a deed of easement granting
to AT & T certain easement rights in
property located in the Earl B. Turner
parking lot in the City of Cleveland
and declaring that the easement
rights granted are not needed for public use.
Whereas, AT & T has requested the
Director of Public Works to convey
certain easement rights in property
located in the Earl B. Turner parking
lot in the City of Cleveland; and
Whereas, AT & T requires the easement rights to construct, reconstruct,
modify, supplement, maintain, operate, and remove facilities necessary
for communication, video, and information services over, upon, and
through City-owned property; and
Whereas, the easement rights to be
granted are not needed for public use;
and
Whereas, this ordinance constitutes
an emergency measure providing for
the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of the
City of Cleveland:
Section 1. That, notwithstanding
and as an exception to the provisions
of Chapters 181 and 183 of the Codified Ordinances of Cleveland, Ohio,
1976, it is found and determined that
an easement interest in the following
described property is not needed for
public use:
Situated in the City of Cleveland,
County of Cuyahoga and State of Ohio
and known as being part of Parcel A
in the Plat of Consolidation of part of
Original One Hundred Acre Lot No.
467, as shown by the Plat recorded in
Volume 336, Page 82 of Cuyahoga
County Map Records.
Starting at the intersection of the
centerlines of Miles Avenue, 70.00 feet
wide, and East 114th Street, 50.00 feet
wide, as appears by said Plat; thence
South 87° 52' 43" West along the said
centerline of Miles Avenue, 303.34
feet; thence South 0° 30' 07" East,
35.01 feet to a point in the southerly
line of Miles Avenue, at the northeast
corner of land conveyed to The City of
Cleveland, an Ohio Municipal Corporation in deed dated December 22,
2004
and
recorded
by
AFN
200412290343 of Cuyahoga County
Deed Records, and the northeast cor-

The City Record
ner of Parcel A as appears by said
Plat, and the northeast corner of an
existing easement granted to The
Ohio Bell Telephone Company in deed
dated October 28, 1988 and recorded in
Volume 88-6181, Page 57 of Cuyahoga
County Deed Records, said point also
being the Principal Place of Beginning of the easement herein intended
to be described;
thence continuing South 0° 30' 07"
East along the easterly line of said
land so conveyed and the easterly line
of said Parcel A, 10.00 feet to the
southeast corner of said existing Ohio
Bell easement;
thence South 87° 52' 43" West along
the southerly line of said existing
Ohio Bell easement and its westerly
prolongation, 19.72 feet;
thence North 2° 07' 17" West, 10.00
feet to a point in the said southerly
line of Miles Avenue;
thence North 87° 52' 43" East along
the said southerly line of Miles
Avenue, 20.00 feet to the Principal
Place of Beginning and containing
0.0046 acres of land as described on
January 10, 2011 by R.M. Kole &
Assoc. Corp., Professional Land Surveyors.
Section 2. That by and at the direction of the Board of Control, the Commissioner of Purchases and Supplies
is authorized to convey the abovedescribed easement interest to AT &
T subject to any conditions stated in
this ordinance, at a price of $1.00 and
other valuable consideration, which
is determined to be fair market value
by the Board of Control.
Section 3. That the easement shall
be non-exclusive and the purpose of
the easement shall be to construct,
reconstruct,
modify,
supplement,
maintain, operate, and remove facilities necessary for communication,
video, and information services over,
upon, and through City-owned property.
Section 4. That the duration of the
easement shall be perpetual; that the
easement shall not be assignable
without the consent of the Director of
Public Works; that the easement
shall require that AT & T indemnify
the City, provide reasonable insurance, maintain any AT & T improvements located within the easement;
and pay any applicable taxes and
assessments.
Section 5. That the conveyance referenced above shall be made by official deed of easement prepared by the
Director of Law and executed by the
Director of Public Works on behalf of
the City of Cleveland. The Directors
of Public Works and Law are authorized to execute any other documents,
including without limitation, contracts for right of entry, as may be
necessary to effect the improvement.
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
Works, City Planning Commission,
Finance, Law; Committees on Public
Service, City Planning, Finance.
Ord. No. 250-11.
By Council Members K. Johnson
and
Sweeney
(by
departmental
request).
An emergency ordinance authorizing the Directors of Public Works and
Finance to employ one or more temporary employment agencies to provide

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March 2, 2011
professional services to supply temporary and seasonal personnel for the
Department of Public Works and the
Project Clean program and for the
Department of Finance, for a period
not to exceed 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 Works is authorized to employ by
contract or contracts one or more temporary employment agency or agencies for the purpose of supplementing
the regularly employed staff of the
several departments of the City of
Cleveland to provide the professional
services necessary to supply temporary and seasonal personnel for the
Department of Public Works and Project Clean program, for a period not to
exceed one year.
The selection of the agency or agencies shall be made by the Board of
Control on the nomination of the
Director of Public Works from a list
of qualified agencies available for
employment as may be determined
after a full and complete canvass by
the Director of Public Works 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 Works, and certified by the Director of Finance.
Section 2. That the Director of
Finance is authorized to employ by
contract or contracts one or more temporary employment agency or agencies for the purpose of supplementing
the regularly employed staff of the
several departments of the City of
Cleveland to provide the professional
services necessary to supply temporary and seasonal personnel for the
Department of Finance, for a period
not exceeding one year.
The selection of the agency or agencies shall be made by the Board of
Control on the nomination of the
Director of Finance from a list of
qualified agencies available for
employment as may be determined
after a full and complete canvass by
the Director of Finance for the purpose of compiling a list. The compensation to be paid for the services shall
be fixed by the Board of Control. The
contract or contracts authorized shall
be prepared by the Director of Law,
and approved and certified by the
Director of Finance.
Section 3. That the costs for the services contemplated shall be paid from
Fund Nos. 62 SF 001, 63 SF 001, 01-70126380, 01-1503-6320, and funds appropriated for this purpose in budget year
2011, Request No. RQS-7012, RL 201117.
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.
Referred to Directors of Public
Works, Finance, Law; Committees on
Public Service, Finance.
Ord. No. 251-11.
By Council Members Conwell and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Safety to
enter into an amendment to Contract

March 2, 2011
No. 64776 with ACS State & Local Solutions, Inc. to extend the term up to two
years and to add additional services
for traffic photo enforcement.
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
an amendment to Contract No. 64776
with ACS State & Local Solutions, Inc.
to extend the term up to two years and
to add additional services for traffic
photo enforcement.
Section 2. That the amendment
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 Public
Safety, Finance, Law; Committees on
Public Safety, Finance.
Ord. No. 252-11.
By Council Members Kelley, Brancatelli and Sweeney (by departmental
request).
An emergency ordinance authorizing the Director of Economic Development to enter into contract with
Brookpark Industrial Properties,
LLC, or its designee, to provide development
assistance
to
partially
finance the acquisition of a building
located at 4600 Brookpark Road, and
certain other costs necessary to redevelop the property.
Whereas, the Council of the City of
Cleveland has determined that to
assist with business expansion,
retain and create jobs within the City
of Cleveland, and increase the City’s
tax base, it is in the public interest
and a proper public purpose for the
City to provide financing assistance
for projects that have business retention, expansion, and attraction implication or that have certain job creation potential; and
Whereas, in compliance with Section 13, of Article VIII, Ohio Constitution, the City has established the
Cleveland Citywide Development Corporation for review of proposed economic development projects; and
Whereas, this project has been
reviewed by the City’s Department of
Economic Development and approved
by the Cleveland Citywide Development Corporation at its November 4,
2010 Board Meeting; and
Whereas, Council desires to authorize the development assistance to the
project which has been reviewed by
the Department of Economic Development and approved by the Cleveland
Citywide Development Corporation in
compliance with the Ohio Constitution and statutory requirements; 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, provided Brookpark Industrial Properties, LLC, or its
designee,
submits
documents
required by the City’s bond counsel,
the Director of Economic Development is authorized to enter into contract with Brookpark Industrial Properties, LLC, or its designee, to provide
development assistance to partially

The City Record
finance the acquisition of a building
located at 4600 Brookpark Road, and
certain other 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. 252-11-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 cost of the contract shall not exceed $540,000 from
Fund No. 10 SF 541 and $180,000 from
Fund 17 SF 008, for an aggregate total
of $720,000, which funds are appropriated for this purpose, Request No.
RQS 9501, RL 2011-14.
Section 4. That the Director of Economic Development is authorized to
accept such collateral as the director
determines is sufficient 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 Nos. 10 SF 542 and 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, and/or cause their Tenants 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 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 by Directors of Economic
Development, Finance, Law; Committees on Community and Economic
Development, Finance.
Ord. No. 254-11.
By Council Members K. Johnson
and
Sweeney
(by
departmental
request).
An emergency ordinance authorizing the Director of Public Works to
enter into an agreement with One
Market Square Park, Ltd. to allow the
City to install and maintain a mural
on the Bender Building facing Market
Square Park; and authorizing the
Director to enter into a property adoption agreement with the Ohio City

269

9
Near West Development Corp. to
maintain the park, including the
mural.
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 Works is authorized to enter into
an agreement with One Market
Square Park, Ltd. to allow the City to
install and maintain a mural on the
Bender Building facing Market
Square Park.
Section 2. That, notwithstanding
and as an exception to the provisions
of Chapters 181 and 183 and Section
133.24 of the Codified Ordinances of
Cleveland, Ohio, 1976, the Director of
Public Works is authorized to enter
into a property adoption agreement
with the Ohio City Near West Development Corp. to maintain the Market
Square Park, including the mural.
Section 3. That this property adoption shall not be construed as a conveyance of any right, title, or interest
in public property, but is the grant of
a privilege revocable at the will of
Council.
Section 4. That the agreements
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 Public
Works, Finance, Law; Committees on
Public Service, Finance.
Ord. No. 256-11.
By Council Member Conwell.
An emergency ordinance authorizing the sale of real property as part of
the Land Reutilization Program and
located at 11008 and 11016 St. Clair
Avenue to David Ali.
Whereas, the City of Cleveland has
elected to adopt and implement the
procedures under Chapter 5722 of the
Ohio Revised Code to facilitate reutilization of nonproductive lands situated within the City of Cleveland; and
Whereas, real property acquired
under the City’s Land Reutilization
Program is acquired, held, administered and disposed by the City of
Cleveland through its Department of
Community Development under the
terms of Chapter 5722 of the Ohio
Revised Code and Section 183.021 of
Codified Ordinances of the City of
Cleveland, 1976; and
Whereas, this ordinance constitutes
an emergency measure providing for
the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of the
City of Cleveland:
Section 1. That under Section
183.021 of the Codified Ordinances of
Cleveland, Ohio 1976, the Commissioner of Purchases and Supplies is authorized to sell the real property, more
fully described below, to David Ali.
Section 2. That the real property to
be sold pursuant to this ordinance is
more fully described as follows:
P. P. No. 110-01-002
Situated in the City of Cleveland,
County of Cuyahoga and State of
Ohio: And known as being part of
Original One Hundred Acre Lot No.
363 and bounded and described as follows:

10
Beginning on the Southerly line of
St. Clair Avenue NE, 80 feet wide at
the Northeasterly corner of land conveyed to the Ambler Realty Company
by deed dated October 6, 1914 and
recorded in Volume 1610, Page 196 of
Cuyahoga County Records; thence
Southerly along the Easterly line of
land so conveyed to the Ambler Realty Company, about 135.37 feet to the
Northerly line of land conveyed to
Ada E. Blakeslee by deed recorded in
volume 2017, Page 317 of Cuyahoga
County Records; thence Easterly
along said Northerly line of land so
conveyed to Ada E. Blakeslee, 45 feet
to the Northeasterly corner thereof;
thence Easterly along course No. 3 of
parcel No. 3 described in the deed
from Blakeslee Real Estate and
Improvement Company to the City of
Cleveland dated December 20, 1909
and recorded in Volume 1266, page 274
of Cuyahoga County Records, 6.73
feet;. thence Northerly parallel to
course No. 2 of Parcel No. 3 described
in said deed to the City of Cleveland
about 140 feet to the Southerly line of
St. Clair Avenue NE; thence Westerly
along the Southerly line of St. Clair
Avenue NE, 52 feet to the place of
beginning, be the same more or less,
but subject to all legal highways.
P. P. No. 110-01-003
Situated in the City of Cleveland,
County of Cuyahoga and State of Ohio
and known as being part of Original
One Hundred Acre Lot No. 363, and
being bounded and described as follows:
Beginning on the Southerly line of
St. Clair Avenue, NE., at the Northeasterly corner of a parcel of land conveyed to Minnie Brick by deed dated
November 20, 1922 and recorded In
Volume 2736, Page 49 of Cuyahoga
County Records; thence South 07 24’
58” East along the Easterly line of
land so conveyed to Minnie Brick, as
aforesaid, 140 feet to its intersection
with Course No: 3 of Parcel No.3 of
land conveyed to the City of Cleveland, by deed dated December 20, 1909
and recorded in Volume 1266, Page
274 of Cuyahoga County Records
thence North 78 24’ 20” East along
said Course No. 3, as aforesaid, 68 feet
to its intersection with Course No. 2 of
Parcel No. 3 of land so conveyed to the
City of Cleveland, as aforesaid,
thence North 07 24’ 58” West along
said Course No. 2 of Parcel No. 3, 140
feet to the Southerly line of St. Clair
Avenue N.E.; thence South 78 24’ 20”
West along the Southerly line of St.
Clair Avenue N.E:, 68 feet to the place
of beginning, and being further
known as Lot No. 2 according to a survey made by A.A. Soffen, Civil Engineer, dated October 1, 1922, be the
same more or less, but subject to all
legal highways.
Section 3. That all documents necessary to complete the conveyance
authorized by this ordinance shall be
executed within six (6) months of the
effective date of this ordinance. If all
of the documents are not executed
within six (6) months of the effective
date of this ordinance, or such additional time as may be granted by the
Director of Community Development,
this ordinance shall be repealed and
shall be of no further force or effect.
Section 4. That the consideration
for the subject parcel shall be established by the Board of Control and
shall be not less than Fair Market
Value taking into account such terms
and conditions, restrictions and
covenants as are deemed necessary or
appropriate.
Section 5. That the conveyance
authorized hereby shall be made by

The City Record
official deed prepared by the Director
of Law and executed by the Mayor on
behalf of the City of Cleveland. The
deed shall contain such provisions as
may be necessary to protect and benefit the public interest including such
restrictive covenants and reversionary interests as may be specified by
the Board of Control, the Director of
Community Development or the
Director of Law.
Section 6. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force immediately upon its passage and approval
by the Mayor; otherwise it shall take
effect and be in force from and after
the earliest period allowed by law.
Referred to Directors of Community
Development, City Planning Commission, Finance, Law; Committees on
Community and Economic Development, Finance.
FIRST READING EMERGENCY
RESOLUTION REFERRED
Res. No. 257-11.
By Mayor Jackson and Council
Members Cimperman, Sweeney, Zone
and Conwell.
An emergency resolution endorsing
the creation of a Healthy Cleveland
and agreeing to collaborate with the
Mayor and the four hospital systems
in Cleveland that will lend their staff,
expertise, and research efforts to
reach this goal.
Whereas, the City of Cleveland and
Cleveland City Council are committed
to creating a Healthy Cleveland with
healthy neighborhoods and residents
who enjoy longer and healthier lives
and by combating chronic health conditions like chronic pulmonary disease, heart disease, diabetes, obesity
and behavioral health; and
Whereas, Cleveland is home to the
four best health care systems in the
United States; Cleveland Clinic,
MetroHealth, Sisters of Charity
Health System, and University Hospitals, and all four institutions support
the mission of creating a Healthy
Cleveland; and
Whereas, to be successful in creating a Healthy Cleveland, the Jackson
Administration, Cleveland City Council and the four health care institutions will collaborate to address
smoking cessation, diet and nutrition,
exercise and mobility issues and
behavioral and mood disorders beginning in 2011; and
Whereas, banning of smoking on
and in all City Properties, including
parks,
playgrounds,
cemeteries,
garages, and areas within 150 feet of
any entrance to any City building or
facility, including City Hall, Recreation Centers, and Public Health Centers will be discussed; and
Whereas, we will work to create a
voluntarily-adopted smoke free zone
within 150 feet of any entrance to any
privately-owned facility or building
in the city of Cleveland that seeks
this voluntary designation; and
Whereas, by working collaboratively with local health institutions, we
can provide and increase the accessibility of city-wide smoking cessation
programs to help people quit smoking; and
Whereas, this City will remove all
sugar-based drinks and products with
trans-fats from dispensing machines
in City facilities, to be replaced with
water and 100% juice products and
trans-fat free products; and
Whereas, this collaborative effort
will work to encourage local restau-

270

March 2, 2011
rants and vendors to remove transfats from their menus and offer transfat free products; and
Whereas, an immediate task force
will be established with our health
care partners and the Cleveland Metropolitan School District to provide
healthier food options in our city
schools; and
Whereas, the Cleveland Planning
Commission will collaborate with
CMSD to ensure all new school construction or schools that are being
rehabilitated have adequate kitchen
facilities for the preparation of food;
and
Whereas, the Committee on Public
Health will work with CMSD to reincorporate school gardens in every
new school plan; and
Whereas, in collaboration with the
Cleveland Planning Commission the
Health Committee will seek to ensure
the existence of a city garden within
walking distance of every citizen in
Cleveland by 2020 with the support of
the City Planning and Health Committees; and
Whereas, the Planning Committee
will collaborate with the health care
institutions and community partners
to improve physical activity throughout Cleveland by creating joint-use
agreements
between
community
organizations, schools and city recreational facilities; and
Whereas, the City will work to
develop a Complete Streets Policy to
improve bike and pedestrian access
and improve mobility on street,
streetscape, bridge improvement projects; and
Whereas, by collaborating with
Neighborhood Progress Incorporated
and the Department of Community
Development, community organizers
in Cleveland’s neighborhoods will be
trained in health literacy, with the
goal of linking residents to existing
health centers, providing proactive,
preventative health information and
creating an ethic of health education
and health awareness at the grass
roots level in the City; and
Whereas, by working with community organizers, the City of Cleveland
and its health care partners can provide information and establish ways
for residents to seek assistance for
depression, schizophrenia, or any
other mood related disorders; and
Whereas, City Planning will create
health assessments of every neighborhood in the City, this effort will
gauge how healthy each neighborhood is, and by working with all four
health care systems, changes can be
implemented with a scale upon which
measurements can be made; and
Whereas, this work is being done to
amplify outreach from the City on
related health issues; 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 endorses the creation of a Healthy Cleveland
and agrees to collaborate with the
Mayor and the four hospital systems
in Cleveland that will lend their staff,
expertise, and research efforts to
reach this goal.
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 imme-

March 2, 2011
diately
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.
Referred to Directors of Public
Health, Finance, Law; Committees on
Health and Human Services, City
Planning, Finance.
FIRST READING EMERGENCY
ORDINANCES READ IN FULL
AND PASSED
Ord. No. 253-11.
By Council Member Sweeney.
An emergency ordinance authorizing the Clerk of Council to enter into
a month to month agreement with
Louise Laffitte professional services
to assist with legislative and policy
research for Cleveland City Council.
Whereas, this ordinance constitutes
an emergency measure providing for
the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of the
City of Cleveland:
Section 1. That the Clerk of Council
is authorized to enter into a month to
month agreement with Louise Laffitte for professional services to
assist with legislative and various
Council matters for Cleveland City
Council. This agreement shall begin
March 1, 2011 and shall be initially
certified for $3,840.00 from fund number 01, subfund 001, account 6320.
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. 255-11.
By Council Member Cimperman
An emergency ordinance authorizing Israel Schachner to engage in
mobile peddling in Ward 3.
Whereas, pursuant to Section 675.08
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 3; 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
675.08 of the Codified Ordinances, this
Council hereby consents to allow
Israel Schachner to engage in mobile
peddling in the public right of way in
Ward 3.
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.

The City Record
Section 3. That the privilege granted herein may be revoked at any time
by this Council.
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. 261-11.
By Council Member Conwell.
An emergency ordinance consenting and approving the issuance of a
permit for the 2011 Hudson Relays, on
April 23, 2011, sponsored by Case
Western Reserve University.
Whereas, this ordinance constitutes
an emergency measure providing for
the usual daily operation of a municipal department; now, therefore,
Be it ordained by the Council of the
City of Cleveland:
Section 1. That pursuant to Section
411.06 of the Codified Ordinances of
Cleveland, Ohio 1976, this Council consents to and approves the holding of
the 2011 Hudson Relays sponsored by
Case Western Reserve, on April 23,
2011, starting at “The Rock;” next to
Fribley, near the bottom of the elephant steps; in front of Carlton Commons, top of stairs; top of Edgehill at
Overlook; in front of the Greenhouse
Restaurant; corner of Euclid and
Adelbert (runner must pass baton
after crossing Euclid, in front of Severance Hall); in front of the Peter B.
Lewis building, corner of Bellflower
and Ford; just past the driveway of
the tiny lot at the southeastern edge
of the Northside Residential Village
on Juniper Road; in front of Pierce
house in the Northside Residential
Village; in front of Clark Hall on the
Mather Quad; back at “The Rock”;
President’s Last Lap Only; the last
runner (President) receives the baton
at the rock by Adelbert hall and runs
into the Quad up the Pardee side and
around the back to the rock down the
Yost side; provided that the applicant
sponsor shall meet all the requirements of Section 411.05 of the Codified
Ordinances of Cleveland, Ohio, 1976.
Streets may be closed as determined
by the Chief of Police and safety
forces as may be necessary in order to
protect the participants in the event.
Said permit shall further provide that
the City of Cleveland shall be fully
indemnified from any and all liability
resulting from the issuance of the
same, to the extent and in form satisfactory to the Director of Law.
Section 2. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force immediately upon its passage and approval
by the Mayor; otherwise, it shall take
effect and be in force from and after
the earliest period allowed by law.
Motion to suspend rules, Charter,
and statutory provisions and place
on final passage.

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11
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. 258-11.
By Council Members Cimperman,
Cummins, J. Johnson and Mitchell.
An emergency resolution urging
the United States Congress to amend
the Continuing Resolution for FY
2011 to restore funding for public
broadcasting.
Whereas, the U.S. House has voted
in favor of a Continuing Resolution to
fund government for the remainder of
FY 2011; and
Whereas, the Continuing Resolution for FY 2011 eliminates all federal
funding for public broadcasting; and
Whereas, federal funding for public
broadcasting provides an important
share of funding for WVIZ/PBS and
90.3 WCPN ideastream, here in northeast Ohio; and
Whereas, these public broadcasting
stations deliver educational and commercial-free
programming
that
expands children’s minds, documentaries that open up new worlds to all
of us, trusted news and information,
and programs that expose us to
worlds of music, theater, dance and
art; and
Whereas, an amendment to restore
federal funding for public broadcasting has been introduced and congress
will vote on this matter in the next
several days; and
Whereas, this resolution constitutes an emergency measure for the
immediate preservation of public
peace, property, health or safety, now,
therefore,
Be it resolved by the Council of the
City of Cleveland:
Section 1. That this Council hereby
urges the United States Congress to
amend the Continuing Resolution for
FY 2011 to restore funding for public
broadcasting.
Section 2. That the Clerk of Council
is hereby directed to forward copies
of this resolution to all members of
the United States Congress.
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.
Res. No. 259-11.
By Council Members Conwell, Westbrook, Dow, Mitchell, Zone, Pruitt,
Cleveland, Brady, Cummins, J. Johnson, Brancatelli and Kelley.
An emergency resolution objecting
to Senate Bill 5 which would eliminate collective bargaining for state
employees and reform collective bargaining rules for local government
employees.
Whereas, Senate Bill 5 (S.B. 5)
recently introduced in the Ohio Senate, seeks to rewrite Ohio’s collective
bargaining law; and

12
Whereas, as originally introduced,
S.B. 5 would ban collective bargaining for all state employees and
sharply curtail binding arbitration
rules for local governments; and
Whereas, this Council agrees that
S.B. 5 is a direct attack on public-sector workers and will lead to lower
wages and benefits that will hurt
Ohio families; and
Whereas, this Council understands
that 61% of Americans oppose measures such as S.B. 5; and
Whereas, this Council believes that
the serious budget crisis facing the
state should not be used as an excuse
to eliminate the long established collective bargaining rights of hard
working public servants; and
Whereas, the City of Cleveland has
shown that a more effective way of
addressing economic crisis is to openly engage workers, clearly explain
the crisis, while honoring union
rights and respecting public servants;
and
Whereas, state government should
look to Cleveland as an example of a
city that has been able to successfully
balance its budget while maintaining
respect for workers and manage
through the current economic crisis;
and
Whereas, this resolution constitutes an emergency measure for the
immediate preservation of public
peace, property, health or safety, now,
therefore,
Be it resolved by the Council of the
City of Cleveland:
Section 1. That this Council hereby
objects to Senate Bill 5 which would
eliminate collective bargaining for
state employees and reform collective
bargaining rules for local government employees.
Section 2. That the Clerk of Council
is hereby directed to forward a copy
of this resolution to Governor John
Kasich and all members of the Ohio
Senate and House of Representatives.
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.
Res. No. 260-11.
By Council Members Dow, Conwell,
Mitchell,
Zone,
Reed,
Polensek,
Sweeney, Pruitt, Westbrook, Keane,
Cummins, J. Johnson, Brady and Kelley.
An emergency resolution objecting
to the state’s decision to close the
Northcoast Behavioral Healthcare
facility in Cleveland.
Whereas, the Ohio Department of
Mental Health has announced it will
close its Cleveland campus of Northcoast Behavioral Healthcare; and
Whereas, the state has now determined that the $8 million in capital
funds originally for the development
of a new hospital on Euclid Avenue
will be allocated to other facilities;
and
Whereas, the City has already
spent considerable time and money
working with the state to prepare a

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March 2, 2011

site for a new behavioral healthcare
facility on Euclid Avenue; and
Whereas, closing the current facility and the decision to not open a new
facility will create a hardship to
Cleveland-area residents in need of
behavioral health care treatment and
will eliminate nearly 200 jobs; and
Whereas, the state’s decision to
close Cleveland’s facility and not
fund a new facility will leave the citizens of northeast Ohio, especially
inner-city residents in need of treatment, with little or no means to access
help; and
Whereas, this resolution constitutes an emergency measure for the
immediate preservation of public
peace, property, health or safety, now,
therefore,
Be it resolved by the Council of the
City of Cleveland:
Section 1. That this Council hereby
objects to the state’s decision to close
the Northcoast Behavioral Healthcare
facility in Cleveland.
Section 2. That the Clerk of Council
is hereby directed to forward a copy
of this resolution to Governor John
Kasich and the members of the Ohio
General
Assembly
representing
northeast Ohio.
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.

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 New C1
Liquor Permit at Heidi Avancini,
DBA Stinks Bait Tackle & Convenience, 3259 West 25th Street, Cleveland, Ohio 44109, Permanent Number
0335638; 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.
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. 262-11.
By Council Member Cummins.
An emergency resolution objecting
to a New C1 Liquor Permit at 3259
West 25th Street.
Whereas, Council has been notified
by the Department of Liquor Control
of an application for a New C1 Liquor
Permit at Heidi Avancini, DBA Stinks
Bait Tackle & Convenience, 3259
West 25th Street, Cleveland, Ohio
44109, Permanent Number 0335638;
and
Whereas, the granting of this application for a liquor permit to this high
crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire
community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard of
the laws, regulations or local ordinances of this state or any other state;
and
Whereas, the place for which the
permit is sought has not conformed to
the building, safety or health requirements of the governing body of this
County or City; and
Whereas, the place for which the
permit is sought is so arranged or constructed that law enforcement officers or agents of the Department of
Liquor Control are prevented reasonable access to the establishment; and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and

Res. No. 263-11.
By Council Member Polensek.
An emergency resolution objecting
to a New C1 Liquor Permit at 15222
Waterloo Road.
Whereas, Council has been notified
by the Department of Liquor Control
of an application for a New C2 Liquor
Permit at Waterloo Gas & Go., Inc.,
15222 Waterloo Road, Cleveland, Ohio
44110, Permanent Number 9427085;
and
Whereas, the granting of this application for a liquor permit to this high
crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire
community; and
Whereas, the applicant does not
qualify to be a permit holder and/or
has demonstrated that he has operated his liquor business in disregard of
the laws, regulations or local ordinances of this state or any other state;
and
Whereas, the place for which the
permit is sought has not conformed to
the building, safety or health requirements of the governing body of this
County or City; and
Whereas, the place for which the
permit is sought is so arranged or constructed that law enforcement officers or agents of the Department of
Liquor Control are prevented reasonable access to the establishment; and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and

272

March 2, 2011
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 New C2
Liquor Permit at Waterloo Gas & Go,
Inc., 15222 Waterloo Road, Cleveland,
Ohio
44110,
Permanent
Number
9427085; 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.
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. 264-11.
By Council Member Cleveland.
An emergency resolution withdrawing objection to the transfer of a
Liquor License to 6206 Woodland
Avenue and repealing Resolution No.
95-11, objection to said transfer.
Whereas, this Council objected to a
C2 Liquor Permit to 6206 Woodland
Avenue by Resolution No. 95-11 adopted by the Council on January 24, 2011;
and
Whereas, this Council wishes to
withdraw its objection to the above
transfer and consents to said transfer;
and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of a
municipal department; now, therefore,
Be it resolved by the Council of the
City of Cleveland:
Section 1. That objection to a C2
Liquor Permit to Woodland Supermarket, Inc., 6206 Woodland Avenue,
Cleveland, Ohio 44104, Permanent
Number 9761591, be and the same is
hereby withdrawn and Resolution No.
95-11, 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

The City Record
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. 265-11.
By Council Member Reed.
An emergency resolution withdrawing objection to the renewal of a
C2 and C2X Liquor Permit at 10808
Dove Avenue, 1st Floor and repealing
Resolution No. 1092-10, objecting to
said transfer.
Whereas, this Council objected to a
C2 and C2X Liquor Permit to 10808
Dove Avenue, 1st floor by Resolution
No. 1092-10 adopted by the Council on
August 18, 2010; and
Whereas, this Council wishes to
withdraw its objection to the above
renewal and consents to said renewal;
and
Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of a
municipal department; now, therefore,
Be it resolved by the Council of the
City of Cleveland:
Section 1. That objection to a C2 and
C2X Liquor Permit to 10808 Dove
Avenue, 1st floor, owned by Ocean,
Inc., 10808 Dove Avenue, 1st floor,
Cleveland, Ohio 44105, Permanent
Number 6503136, be and the same is
hereby withdrawn and Resolution No.
1092-10, 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. 266-11.
By Council Member Sweeney.
An emergency resolution objecting
to a New C2 Liquor Permit at 14606
Puritas Avenue.
Whereas, Council has been notified
by the Department of Liquor Control
of an application for a New C2 Liquor
Permit at Adams Adams Puritas LLC,
DBA N & N Beverage,14606 Puritas
Avenue, Cleveland, Ohio 44135, Permanent Number 0049527; 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 require-

273

13
ments of the governing body of this
County or City; and
Whereas, the place for which the
permit is sought is so arranged or constructed that law enforcement officers or agents of the Department of
Liquor Control are prevented reasonable access to the establishment; and
Whereas, the place for which the
permit is sought is so located with
respect to the neighborhood that it
substantially interferes with public
decency, sobriety, peace or good
order; and
Whereas, this objection is based on
other legal grounds as set forth in
Revised Code Section 4303.292; and
Whereas, this resolution constitutes an emergency measure providing for the immediate preservation of
the public peace, prosperity, safety
and welfare pursuant to Section
4303.26 of the Ohio Revised Code.
Council’s objection to said permit
must be received by the Director of
Liquor Control within 30 days of notification; now, therefore,
Be it resolved by the Council of the
City of Cleveland:
Section 1. That Council does hereby
record its objection to a New C2
Liquor Permit at Adams Adams Puritas LLC, DBA N & N Beverage, 14606
Puritas Avenue, Cleveland, Ohio
44135, Permanent Number 0049527;
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.
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.
MOTION
The Council Meeting adjourned at
8:28 p.m. to meet on Monday, March
7, 2011 at 7:00 p.m. in the Council
Chambers.

Patricia J. Britt
City Clerk, Clerk of Council

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

The City Record

14
BOARD OF CONTROL

February 23, 2011
The regular meeting of the Board
of Control convened in the Mayor’s
office on Wednesday, February 23,
2011, at 10:46 a.m. with Director Triozzi presiding.
Present: Director Triozzi, Acting
Director Hardy, Directors Withers,
R. Smith, Cox, Acting Director H.
Smith, Director Rush, Interim Director Walker-Minor, Directors Nichols
and Fumich.
Absent: Mayor Jackson, Acting
Director Butler and Director Rybka.
Others: James E. Hardy, Commissioner, Purchases and Supplies.
Natoya
Walker-Minor,
Interim
Director, Office of Equal Opportunity.
On motions, the following resolutions were adopted, except as may
be otherwise noted:
Resolution No. 57-11.
By Director Dumas.
Whereas, Board of Control Resolution No. 33-11, adopted February 2,
2011, authorized the Director of
Finance to enter into contract with
Benjamin Steel Co., Inc. for an estimated quantity of miscellaneoussized steel, for various divisions of
City government; and
Whereas,
Resolution
No.
33-11
incorrectly
cited
the
ordinance
authority for the contract approved;
now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
Resolution No. 33-11, adopted by this
Board February 2, 2011, approving
the bid of Benjamin Steel Co., Inc.
as lowest and best for an estimated
quantity of miscellaneous-sized steel
is amended by deleting “1976”, in the
third paragraph, where appearing,
and substituting “C.O.”
Be it further resolved that in the
last paragraph of Resolution No. 3311, the last line is amended to read,
in part, “as may be ordered under
delivery orders separately certified
to the contract.”
Be it further resolved that all
other terms of Resolution No. 33-11
not expressly amended above shall
remain unchanged and in full force
and effect.
Yeas:
Director
Triozzi,
Acting
Director Hardy, Directors Withers,
R. Smith, Cox, Acting Director H.
Smith, Director Rush, Interim Director Walker-Minor, Directors Nichols
and Fumich.
Nays: None.
Absent: Mayor Jackson, Acting
Director Butler and Director Rybka.
Resolution No. 58-11.
By Director Dumas.
Whereas, Board of Control Resolution No. 34-11, adopted February 2,
2011, authorized the Director of
Finance to enter into contract with
Dougherty Lumber Co., Inc. for an
estimated quantity of lumber and
supplies, for various divisions of
City government; and
Whereas,
Resolution
No.
34-11
incorrectly listed the items recommended for contract; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
Resolution No. 34-11, adopted by this
Board on February 2, 2011, approving the bid of Dougherty Lumber
Co., Inc. as lowest and best for an
estimated quantity of lumber and
supplies is amended by substituting

the following for the list of items
recommended for contract, where
appearing in the resolution: Items
Nos. 1-10, 13, 15, 17, 19, 21, 23-25, 2742, 55, 57, 59, 61, 67-80, 81-94, 95, 97,
99, 101, 103, 105, 107, 109, 111, 113,
115, 117, 119, 121, 123, 128, 131, 133,
135, 137, 139, 140-145, 146-150, 151-160,
163-165, 166-169, 171, 173, 175, 191, 194,
197, 198, 199, 242-243, and 244-247.
Be it further resolved that in the
last paragraph of Resolution No. 3411, the last line is amended to read,
in part, “as may be ordered under
delivery orders separately certified
to the contract.”
Be it further resolved that all
other terms of Resolution No. 34-11
not expressly amended above shall
remain unchanged and in full force
and effect.
Yeas:
Director
Triozzi,
Acting
Director Hardy, Directors Withers,
R. Smith, Cox, Acting Director H.
Smith, Director Rush, Interim Director Walker-Minor, Directors Nichols
and Fumich.
Nays: None.
Absent: Mayor Jackson, Acting
Director Butler and Director Rybka.
Resolution No. 59-11.
By Director Dumas.
Be it resolved, by the Board of
Control of the City of Cleveland that
all bids received on October 27, 2010,
for an estimate quantity of lumber
and supplies, Items 11, 12, 14, 16, 20,
22, 24, 26, 43-46, 47-54, 56, 58, 60, 62,
63-66, 96, 98, 100, 102, 104, 106, 108,
110, 112, 114, 116, 118, 120, 122, 124127, 129, 130, 132, 134, 136, 138, 170,
172, 174, 176-190, 192-193, 195-196, 200219, 220-241, 248-265, 266-271 for the
various Divisions of City government, Department of Finance, under
the authority of Ordinance No. 59210, passed May 24, 2010, are rejected.
Yeas:
Director
Triozzi,
Acting
Director Hardy, Directors Withers,
R. Smith, Cox, Acting Director H.
Smith, Director Rush, Interim Director Walker-Minor, Directors Nichols
and Fumich.
Nays: None.
Absent: Mayor Jackson, Acting
Director Butler and Director Rybka.
Resolution No. 60-11.
By Director Withers.
Whereas, Board of Control Resolution No. 489-10, adopted November
24, 2010, under the authority of Section 129.25 of the Codified Ordinances of Cleveland Ohio, 1976,
approved Kennedy Valve, Division
of McWane, Inc. as lowest and best
bidder for an estimated quantity of
fire hydrants and fire hydrant parts,
items 1-12, 28, 30 and 31, for the Division of Water, Department of Public
Utilities; and
Whereas, after adoption of Resolution No. 489-10, adopted November
24, 2010, the City was notified by
Kennedy Valve’s February 3, 2011
letter that Kennedy Valve is an
operating division of McWane. Inc.
and will now be listed as McWane,
Inc. dba Kennedy Valve with no
change in the Federal Employer
Identification Number (FIN); now,
therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
Board of Control Resolution No. 48910, adopted November 24, 2010, under
the authority of Section 129.25 of the
Codified Ordinances of Cleveland
Ohio, 1976, approving the bid of
Kennedy
Valve,
Division
of
McWane, Inc. as lowest and best for
an
estimated
quantity
of
fire

274

March 2, 2011
hydrants and fire hydrant parts,
items 1-12, 28, 30 and 31, for the Division of Water, Department of Public
Utilities, is amended by correcting
the bidder name from Kennedy
Valve, Division of McWane, Inc., to
McWane, Inc. dba Kennedy Valve.
Be it further resolved that all
other provisions of Resolution No.
489-10 not expressly amended above
shall remain unchanged and in full
force and effect.
Yeas:
Director
Triozzi,
Acting
Director Hardy, Directors Withers,
R. Smith, Cox, Acting Director H.
Smith, Director Rush, Interim Director Walker-Minor, Directors Nichols
and Fumich.
Nays: None.
Absent: Mayor Jackson, Acting
Director Butler and Director Rybka.
Resolution No. 61-11.
By Director Withers.
Whereas, Board of Control Resolution No. 490-10, adopted November
24, 2010. under the authority of Section 129.25 of the Codified Ordinances of Cleveland Ohio, 1976,
approved Clow Valve Company, A
Division of McWane Inc. as lowest
and best bidder for an estimated
quantity of fire hydrants and fire
hydrant parts, items 13-24 and 27, for
the Division of Water, Department
of Public Utilities and
Whereas, after adoption of Resolution No. 490-10, adopted November
24, 2010, the City was notified by
Clow Valve Company’s February 3,
2011 letter that Clow Valve Company is an operating division of
McWane, Inc. and will now be listed as McWane, Inc. dba Clow Valve
Company with no change in the Federal Employer Identification Number (EIN) now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
Board of Control Resolution No. 49010, adopted November 24, 2010, under
the authority of Section 129.25 of the
Codified Ordinances of Cleveland
Ohio, 1976, approving the bid of
Clow Valve Company, A Division of
McWane Inc. as lowest and best for
an
estimated
quantity
of
fire
hydrants and fire hydrant parts,
items 13-24 and 27, for the Division
of Water, Department of Public Utilities, is amended by correcting the
bidder name from Clow Valve Company, A Division of McWane Inc., to
McWane, Inc. dba Clow Valve Company.
Be it further resolved that all
other provisions of Resolution No.
490-10 not expressly amended above
shall remain unchanged and in full
force and effect.
Yeas:
Director
Triozzi,
Acting
Director Hardy, Directors Withers,
R. Smith, Cox, Acting Director H.
Smith, Director Rush, Interim Director Walker-Minor, Directors Nichols
and Fumich.
Nays: None.
Absent: Mayor Jackson, Acting
Director Butler and Director Rybka.
Resolution No. 62-11.
By Director Withers.
Be it resolved by the Board of
Control of the City of Cleveland that
the bid of Scientific Methods, Inc.
for an estimated quantity of laboratory services for protozoa and biological analysis, items 1-A through
1-P, for the Division of Water,
Department of Public Utilities, for a
period of three years starting upon
the later of the execution of a con-

The City Record

March 2, 2011
tract or the day following expiration
of the currently effective contract
for the goods or services, received
on December 16, 2010 under the
authority of Section 129.28 of the
Codified Ordinances of Cleveland
Ohio, 1976, which on the basis of the
estimated quantity would amount to
$122,700.00
(2%,
30
Days),
is
affirmed and approved as the lowest and best bid, and the Director of
Public Utilities is requested to enter
into a requirement contract for the
goods and/or services, which contract shall provide for an initial
order, the cost of which shall be certified to the contract in an amount
not less than $6,165.00.
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 delivery
orders separately certified to the
contract.
Be it further resolved by the
Board of Control of the City of
Cleveland that the employment of
the following subcontractor by Scientific Methods, Inc. for the contract
authorized is approved:
SUBCONTRACTOR

WORK
PERCENTAGE

Hoosier Microbiology Lab

$3,200.00
2.608%
Yeas:
Director
Triozzi,
Acting
Director Hardy, Directors Withers,
R. Smith, Cox, Acting Director H.
Smith, Director Rush, Interim Director Walker-Minor, Directors Nichols
and Fumich.
Nays: None.
Absent: Mayor Jackson, Acting
Director Butler and Director Rybka.

15

CIVIL SERVICE NOTICE
____________

SALARY
ANNOUNCEMENTS — 2011
3/14/2011 — 3/18/2011
Announ- Exam Classicement Method fication
No.

Exam
Type

WR

Security
Officer

Open

PROOF OF CITY RESIDENCY
Any applicant wishing to receive
residency credit will be asked to
show that he/she is a bona fide resident of the City of Cleveland. The
following list gives examples of
items that an applicant may present
at the time of filing. The Civil Service Commission requires a minimum of three items from at least
three different categories, where
applicable. All items must be current. Please note that presentation
of these items does not constitute
conclusive proof of bona fide residency.
Acceptable
categories
include, but are not limited to, the
following:
Lease - from rental agency.
Lease - from independent party.
Must include copy of cancelled
check or money order receipts for
previous
rent
and/or
security
deposit, and fully executed; otherwise, it us unacceptable.
Utility bills bearing the
address and your name.

property

Post Office change of address form
properly date stamped.
Official documents relating to home
ownership including deed, purchase
agreement, or insurance policy.

CIVIL SERVICE NOTICES

Bank statements (Within last three
months).

____________

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.
ROBERT BENNETT,
President

The prevailing salary range for this
position as established by Ordinance
of the Council of the City of Cleveland
is $10.80 - $19.12 per hour.
FILING OF APPLICATION

7

JEFFREY B. MARKS,
Secretary

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.

land, Ohio of an Open examination for
the above mentioned classification.

School registration of children.
Car insurance documents.
Car registration or Driver’s License
or Ohio I.D. (One only).
Loans and credit card statements
(Within last three months).
Rental contracts
tools, car, etc.).

(e.g.:

furniture,

Current bills not listed above (Within last three months).
The following are examples of unacceptable categories of proof:
Library cards.
Voter registration cards.
Birth certificates.
Notarized letters or affidavits.
Social Security card.
Rental receipts from independent
party without cancelled checks or
money order receipt.

APPROVED C.S.C. MINUTES
ANNOUNCEMENT NO. 7
SECURITY OFFICER (OPEN)
Public notice is hereby given by the
Civil Service Commission of Cleve-

275

Application must be made on the regular application form available at the
Office of the Civil Service Commission, 601 Lakeside Avenue, Room 119.
No other form will be accepted.
APPLICATIONS WILL BE AVAILABLE FOR PICK-UP IN THE CIVIL
SERVICE OFFICE TO APPLY TO
TAKE THE CIVIL SERVICE EXAMINATION – APPLICATIONS WILL
BE AVAILABLE FROM 8:30 A.M. ON
MONDAY, MARCH 14, 2011 UNTIL
4:30 P.M. ON FRIDAY, MARCH 18,
2011.
NOTE: APPLICATIONS WILL NOT
BE ACCEPTED AFTER 4:30 P.M ON
FRIDAY, MARCH 18, 2011.
THE CIVIL SERVICE COMMISSION’S POLICY IS THAT NO LATE
FILING WILL BE ALLOWED.
EXAMINATION INFORMATION
TYPE: EXPERIENCE EVALUATION
NOTE: Each applicant is required to
submit a detailed resume of his/her
education and experience at the time
of filing application.
NOTE: THE CIVIL SERVICE COMMISSION RESERVES THE RIGHT
TO REVIEW AND EVALUATE ANY
AND
ALL
INFORMATION
CONTAINED IN THE APPLICATION OR
RESUME.
LACK OF HONESTY
WILL RESULT IN IMMEDIATE
REMOVAL FROM THE ELIGIBLE
LIST.
DUTIES OF THE POSITION
Under supervision, is responsible for
the security of Department of Public
Utilities or other City of Cleveland
buildings, property, records, and
equipment. Takes immediate action
to protect life and property within
his/her jurisdiction. Performs such
duties and works such hours as designated by the Chief of the Public Utilities Police Department or other superior and/or his/her designee. Assures
all key assigned installations are
secured from outside intrusion on a 24
hour/7 days a week basis. Follows all
operations and safety policies and
safe work practices. Attends and participates in operations and safety
training classes and demonstrates
competence (demonstration of competence may be determined by exam.)
Wears and properly utilizes safety
equipment in accordance with Divisional policy at all times.
MINIMUM QUALIFICATIONS FOR
ENTRANCE TO THIS EXAMINATION AS ESTABLISHED BY THE
CIVIL SERVICE COMMISSION OF
THE CITY OF CLEVELAND ARE AS
FOLLOWS:
A High School Diploma or GED is
required. Ohio Private Police Officer
certification from the Ohio Police
Officer Training Commission is
required. A valid State of Ohio Driver’s License is required. Must be able
to lift and carry a minimum of thirty
(30) pounds. A 9mm handgun 20-hour
certification is preferred.

The City Record

16
NOTE: Applicants will be required to
pay a $10.00 (TEN DOLLARS) filing
fee.
Applicants who are currently
employed in this position with the
City of Cleveland are exempt. However, that when an applicant is disqualified from taking an examination
on the basis of age, education or failure to meet other minimum entrance
requirements, the fee paid by such
applicant shall be refunded to such
applicant
upon
the
applicant’s
request in writing made within ten
(10) days after the date of examination.
NOTE: All copies of diplomas, licenses, certificates, and resumes must be
presented at the time of filing. Civil
Service Commission will make copies
for a standard fee.
NOTE: Any applicant who resigns or
is dismissed from employment with
the City of Cleveland will have
his/her name removed from the eligible list.
AN EQUAL OPPORTUNITY EMPLOYER
ROBERT BENNETT,
President
March 2, 2011

SCHEDULE OF THE BOARD
OF ZONING APPEALS
MONDAY, MARCH 14, 2011
9:30 A.M.
Calendar No. 11-16: 5703 Fleet Avenue
(Ward 12)
Gerald Rudowsky, owner, appeals
for a change of use from a service
station to a motor vehicle major
repair shop in an existing building
on an 80' x 150' corner lot in a
Local Retail Business District; subject to the limitations of Section
343.01
not
permitted
and
first
allowed pursuant to Section 345.03 in
a Semi-Industry District, provided
that it is located not less than 100
feet from a residence district; and a
landscape strip 6 feet wide is
required along Fleet Avenue and
East 57th Street according to Section
352.10; and a permit is required for
signage as regulated in Section
350.04 of the Cleveland Codified
Ordinances.
Calendar No. 11-18: 12800 Brookpark
Road (Ward 18)
12800
Brookpark
Road
LLC,
owner, and Lakefront Lines, tenant,
appeal to erect a 2' x 11' double
faced pole sign panel to an existing
nonconforming pole sign located on
acreage in a General Industry District, contrary to the maximum
square footage of 50 square feet
allowed for signage and proposing
121 square feet, where 99 square
feet is existing and adding 21
square feet, contrary to Section
350.15 of the Cleveland Codified
Ordinances.
Calendar No. 11-19: 9431 Lorain
Avenue (Ward 16)
The Cuyahoga County Land Reutilization Corporation, owner, appeals
to construct a 4 residential unit
building and establish a multi-unit
residential use in an existing 3-story
building, proposed on consolidated
parcels on the southeast corner of
Lorain Avenue and West 95th Street

March 2, 2011

in a General Retail Business District; contrary to Section 349.04(a)
there are 12 parking spaces provided and 41 off-street parking spaces
are required and each space shall
each equal 180 square feet pursuant
to Section 325.03; and in a “C” area
district, the maximum gross floor
area may not exceed one-half the lot
area
and
approximately
36,261
square feet is proposed contrary to
12,100 square feet that is allowed in
accordance with area regulations in
Section 355.04; a rear yard depth of
not less than 20 feet is required and
no interior side yard in connection
with multiple dwelling units shall
be less than one-fourth the height of
the main building on the premises
or not less than 8 feet, according to
Section
357.08(b)(2)
and
Section
357.09(b)(2)C of the Cleveland Codified Ordinances.

The following appeal was Postponed:

Secretary

Calendar No. 11-5: Cleveland Police
Department Citation 1935 Randall
Road
Jeremy P. Ols appealed from Citation No. A 627184 issued by the
Cleveland
Police
Department on
October 10, 2010.

REPORT OF THE BOARD
OF ZONING APPEALS
MONDAY, FEBRUARY 28, 2011
At the meeting of the Board of
Zoning Appeals on Monday, February 28, 2011, the following appeals
were heard by the Board.
The
following
Approved:

appeal

The following appeals were Withdrawn:
Calendar No. 10-204: 7101-03 Wade
Park Avenue
Moorad Rabah, owner, and Sidney
Little, lessee, appealed to establish
a motor vehicle sales facility in a
General Retail Business District.
Calendar No. 11-4: 7513-15 St. Clair
Avenue
Brenell
Boynton
appealed
to
establish use as a restaurant and
entertainment hall in a Local Retail
Business District.
Calendar No. 11-8: 1393 East 51st
Street
Ohio Technical College appealed
to surface an existing vacant lot for
a parking lot in a Two-Family District.
Calendar No. 11-11: 14320 Puritas
Avenue
John Foradis appealed to establish a change of use from store to
landscaping and paint contractor
office and storage including outdoor
storage and construction of mulch
stalls in a General Retail Business
District.
Calendar No. 11-12: 1425 Rockwell
Avenue
The Matrix Group appealed to
establish / construct a parking lot
in Semi-Industry District.
The following appeals were Dismissed:

276

The following appeals heard by
the Board on February 22, 2011 were
adopted and approved on February
28, 2011.
The
following
Approved:

appeal

was

Calendar No. 11-7: Tow Truck Drivers
License
Douglas
Lee
Skaggs
appealed
from the decision of the Commissioner of Assessments and Licenses
to deny an application for a Tow
Truck Drivers License.
The following appeal was Denied:

The following appeal heard by the
Board on August 30, 2010 was adopted and approved on February 28,
2011.
The
following
Approved:

appeal

was

was

Calendar No. 10-227: 820 College
Avenue
Tom Leneghan appealed to add
live entertainment to an existing
bar/tavern
to
remove
parking
spaces and convert to outdoor patio
use in a General Retail Business
District; subject to conditions.

None.

Calendar No. 10-175: 5100 Pearl Road
postponed to June 20, 2011.

Calendar No. 10-82: 9120 Superior
Avenue
Leonzie Smith appealed to change
from a service station to a motor
vehicle service garage the use of a
one-story building on a corner lot in
a Local Retail Business District;
subject to conditions.
Secretary

REPORT OF THE BOARD
OF BUILDING STANDARDS
AND BUILDING APPEALS

NO MEETING

PUBLIC NOTICE

NONE

NOTICE OF PUBLIC HEARING

NONE

CITY OF CLEVELAND BIDS

For All Departments
Sealed bids will be received at 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

March 2, 2011
of the said Commissioner of Purchases and Supplies, but no bid will
be considered unless delivered to
the office of the said commissioner
previous to 12:00 noon (Eastern
Standard Time) on the date specified in the schedule.
187.10 Negotiated contracts; Notice
required in Advertisement for Bids.
Where invitations for bids are
advertised,
the
following
notice
shall be included in the advertisement: “Pursuant to the MBE/FBE
Code, each prime bidder, each minority business enterprise (“MBE”) and
each
female
business
enterprise
(“FBE”) must be certified before
doing business with the City. Therefore, any prime contractor wishing
to receive credit for using an MBE
or FBE should ensure that applications for certification as to MBE or
FBE status compliance with the
Code, affirmative action in employment and, if applicable, joint venture status, are submitted to the Office of Equal Opportunity (“OEO”)
prior to the date of bid opening or
submission of proposals or as specified by the Director. Failure to comply with the business enterprise
code or with representations made
on these forms may result in cancellation of the contract or other
civil or criminal penalties.”
FRIDAY, MARCH 11, 2011
File No. 23-11 — Rehabilitation and
Replacing The Lee Area Sewer
System, for the Division of Water
Pollution Control, Department of
Public Utilities, as authorized by
Ordinance No. 397-09, passed by the
Council of the City of Cleveland,
June 5, 2009.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS AND
SPECIFICATIONS
IN
THE
AMOUNT OF FIFTY DOLLARS
($50.00) IN THE FORM OF A
CASHIER’S CHECK AND OR
MONEY ORDER ONLY (NO COMPANY CHECKS, NO CASH AND
NO CREDIT CARDS WILL BE
ACCEPTED).
THERE WILL BE A MANDATORY
PRE-BID MEETING THURSDAY,
MARCH 3, 2011 AT 10:00 A.M.
THE DIVISION OF WATER POLLUTION CONTROL, 12302 KIRBY
AVENUE,
CLEVELAND,
OHIO
44108.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE WHO DOES NOT AT TEND A MANDATORY PRE-BID
CONFERENCE.

The City Record
NO CREDIT CARDS WILL BE
ACCEPTED).
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, MARCH 3, 2011 AT
10:00 A.M. CLEVELAND CITY
HALL, ROOM 517A, 601 LAKESIDE
AVENUE,
CLEVELAND,
OHIO 44114.
February 23, 2011 and March 2, 2011
FRIDAY, MARCH 18, 2011
File No. 24-11 — West 14th Street
Sewer Relining Project, for the
Division of Water Pollution Control,
Department of Public Utilities, as
authorized by Ordinance No. 594-10,
passed by the Council of the City
of Cleveland, June 7, 2010.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS AND
SPECIFICATIONS
IN
THE
AMOUNT OF FIFTY DOLLARS
($50.00) IN THE FORM OF A
CASHIER’S CHECK AND OR
MONEY ORDER ONLY (NO COMPANY CHECKS, NO CASH AND
NO CREDIT CARDS WILL BE
ACCEPTED).
THERE WILL BE A NON-MANDATORY PRE-BID MEETING FRIDAY, MARCH 11, 2011 AT 11:00
A.M. THE DIVISION OF WATER
POLLUTION
CONTROL,
12302
KIRBY AVENUE, CLEVELAND,
OHIO 44108.
File No. 25-11 — Constructing &
Installing Replacement Sewers &
Rehabilitating & Repairing Sewers at Various Locations, for the
Division of Water Pollution Control,
Department of Public Utilities, as
authorized by Section 129.292 of the
Codified Ordinances of Cleveland,
Ohio, 1976.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS AND
SPECIFICATIONS
IN
THE
AMOUNT OF FIFTY DOLLARS
($50.00) IN THE FORM OF A
CASHIER’S CHECK AND OR
MONEY ORDER ONLY (NO COMPANY CHECKS, NO CASH AND
NO CREDIT CARDS WILL BE
ACCEPTED).
THERE WILL BE A NON-MANDATORY PRE-BID MEETING FRIDAY, MARCH 11, 2011 AT 12:00
P.M. THE DIVISION OF WATER
POLLUTION
CONTROL,
12302
KIRBY AVENUE, CLEVELAND,
OHIO 44108.
March 2, 2011 and March 9, 2011
WEDNESDAY, MARCH 23, 2011

17
Department of Public Works, as
authorized by Ordinance No. 1605-10,
passed by the Council of the City
of Cleveland, December 6, 2010.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, MARCH 10, 2011 AT
11:30 A.M. THE CLEVELAND
CITY
HALL,
DIVISION
OF
STREETS,
601
LAKESIDE
AVENUE, CONFERENCE ROOM
25, CLEVELAND, OHIO 44114.
File No. 28-11 — Paint and Paint
Supplies, for the Various Divisions
of City Government, Department of
Finance, as authorized by Section
181.101 of the Codified Ordinances
of Cleveland, Ohio, 1976.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING FOR
TUESDAY, MARCH 15, 2011 AT
10:00 A.M. CLEVELAND CITY
HALL, DIVISION OF PURCHASES AND SUPPLIES, ROOM 128,
601
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.
March 2, 2011 and March 9, 2011
THURSDAY, MARCH 24, 2011
File No. 30-11 — Various Ford Passenger/Police Vehicle Parts and
Labor, for the Division of Motor
Vehicle Maintenance, Department
of Public Works, as authorized by
Ordinance No. 1330-A-10, passed by
the Council of the City of Cleveland, December 10, 2010.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING FRIDAY, MARCH 11, 2011 AT 10:00
A.M. THE MOTOR VEHICLE
MAINTENANCE,
4150
EAST
49TH
STREET,
CLEVELAND,
OHIO 44105.
File No. 29-11 — Labor and Materials for Maintenance of Uninterruptible Power Supply Systems,
Backup Generators, Components,
Appurtenance, Specialized Batteries, Fuel Testing, Fuel Conditioning and Recycling, for the
Division of Water, Department of
Public Utilities, as authorized by
Ordinance No. 1600-10, passed by the
Council of the City of Cleveland,
December 6, 2010.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING FOR
THURSDAY, MARCH 10, 2011 AT
10:00 A.M. CARL B. STOKES
PUBLIC UTILITIES BUILDING,
4TH FLOOR ATRIUM CONFERENCE ROOM, 1201 LAKESIDE
AVENUE,
CLEVELAND,
OHIO
44114.

February 23, 2011 and March 2, 2011
WEDNESDAY, MARCH 16, 2011
File No. 22-11 — Greenspace at Zone
Recreation Center, for the Division
of Architecture and Site Development, Department of Public Works,
as authorized by Ordinance No. 60710, passed by the Council of the
City of Cleveland, June 11, 2010.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS AND
SPECIFICATIONS
IN
THE
AMOUNT OF FIFTY DOLLARS
($50.00) IN THE FORM OF A
CASHIER’S CHECK AND OR
MONEY ORDER ONLY (NO COMPANY CHECKS, NO CASH AND

File No. 31-11 — Reclaimed or Virgin Asphalt Concrete, for the Division of Streets, Department of Public Works, as authorized by Ordinance No. 6-11, passed by the Council of the City of Cleveland, February 7, 2011.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, MARCH 10, 2011 AT
10:00 A.M. THE CLEVELAND
CITY
HALL,
DIVISION
OF
STREETS,
601
LAKESIDE
AVENUE, CONFERENCE ROOM
25, CLEVELAND, OHIO 44114.
File No. 32-11 — Grinding of Pavement, for the Division of Streets,

277

March 2, 2011 and March 9, 2011
FRIDAY, MARCH 25, 2011
File No. 26-11 — Ridge Road Streets
Facility Renovations, for the Division of Architecture and Site Development,
Department
of
Public
Works, as authorized by Ordinance
No. 1724-09, passed by the Council
of the City of Cleveland, February
8, 2010.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS AND
SPECIFICATIONS
IN
THE
AMOUNT OF FIFTY DOLLARS
($50.00) IN THE FORM OF A

The City Record

18
CASHIER’S CHECK AND OR
MONEY ORDER ONLY (NO COMPANY CHECKS, NO CASH AND
NO CREDIT CARDS WILL BE
ACCEPTED).
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
TUESDAY, MARCH 15, 2011 AT
10:00 A.M. THE CLEVELAND
CITY
HALL,
601
LAKESIDE
AVENUE, DIVISION OF ARCHITECTURE, ROOM 517, CLEVELAND, OHIO 44114.
File No. 33-11 — Automotive Parts,
Including Labor, Materials and
Installation, for the Various Divisions of Port Control, Department
of Port Control, as authorized by
Ordinance No. 190-07, passed by the
Council of the City of Cleveland,
March 12, 2007.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, MARCH 10, 2011 AT
10:00 A.M. THE DEPARTMENT
OF PORT CONTROL, CLEVELAND HOPKINS INTERNATIONAL
AIRPORT’S
CENTRAL
RECEIVING
BUILDING,
19451
FIVE POINTS ROAD, CLEVELAND, OHIO 44135-3193.
March 2, 2011 and March 9, 2011
WEDNESDAY, MARCH 30, 2011
File No. 27-11 — Plumbing Supplies,
for the Various Divisions of City
Government,
Department
of
Finance and as authorized by Section 181.101 of the Codified Ordinances of Cleveland, Ohio, 1976.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING FOR
WEDNESDAY, MARCH 16, 2011
AT 10:30 A.M. CLEVELAND CITY
HALL, DIVISION OF PURCHASES AND SUPPLIES, ROOM 128,
601
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.
March 2, 2011 and March 9, 2011

ADOPTED RESOLUTIONS
AND ORDINANCES

REPRINT
Ord. No. 675-09.
By Council Member Mitchell.
An emergency ordinance to supplement the Codified Ordinances of
Cleveland, Ohio, 1976, by enacting
new Section 347.18 relating to satellite dishes.
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 Codified Ordinances of the City of Cleveland are
supplemented by enacting new Section 347.18 to read as follows:
Section 347.18 Size and Location
Restrictions of Satellite Dishes
(a) Purpose. This section regulates the location and size of satellite dishes in order to protect the
public health and safety and to protect the visual character of residen-

tial areas. This section is intended
to comply with state and federal
law, policies and guidelines and
does not intend to impair the installation, maintenance, or use of satellite dishes.
(b) Definition. For purposes of
this section, “satellite dish” means a
round or oblong parabolic antenna
designed to receive transmission
signals from earth orbiting satellites.
(c) Location and Number.
(1) The preferred location of a
roof-mounted satellite dish is as
near to the rear property line as is
practicable to not impose unreasonable limitations on reception.
(2) No satellite dish mounted in
the ground or attached to a fence or
tree shall be placed in a front yard
or in a side yard if such side yard
is located in a Residential District
or adjacent to a Residential District.
(3) No free-standing satellite dish
antenna shall be located closer than
three (3) feet to any property line.
(4) For buildings containing one
or more dwelling units, there shall
be no more than one (1) satellite
dish antenna per dwelling unit and
no more than four (4) for any building, whichever is less.
(d) Size.
(1) The maximum diameter of a
satellite dish mounted to a one-family, two-family or three-family house
shall be thirty-six (36) inches.
(2) The maximum length or diameter of any free-standing satellite
dish mounted in the ground shall be
ten (10) feet.
(e) Permits. A Building Permit
shall be required for a satellite dish
antenna
only
in
the
following
instances:
(1) if the satellite dish antenna
exceeds thirty-six (36) inches in
diameter; or
(2) if the satellite dish antenna is
mounted to a pole or other support
structure that exceeds ten (10) feet
in height.
(f) Applicability. The regulations
of this section shall apply to all
satellite
dish
antennas
installed
more than ninety (90) days after the
effective date of this ordinance.
(g) Removal. Any satellite dish
antenna that has been unused for
reception for a continuous period of
six (6) months or more shall be
removed by the owner of the antenna.
(h) Penalty. Whoever violates
subsections (c) or (d) hereof is
guilty of a minor misdemeanor.
Section 2. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Passed November 29, 2010.
Effective November 30, 2010.

REPRINT
Ord. No. 1329-10.
By Mayor Jackson.
An emergency ordinance to discontinue the Department of Consumer Affairs, the Office of Consumer Affairs, and the Division of
Real Estate by repealing Sections
123.07, 137.09, 137.10, 147.01, 147.02,
and 643.05 of the Codified Ordi-

278

March 2, 2011
nances of Cleveland, Ohio, 1976; to
establish the Division of Neighborhood Development and the Office of
Fair Housing and Consumer Affairs
within the Department of Community Development by enacting new
Sections 137.03, 137.04, 137.09, and
137.10; to amend Section 137.02 relating to the duties of the Director of
Community Development; to amend
Section 159.01 regarding the establishment, term, meetings, of the Consumers Council Advisory Board; and
to amend various sections within
the code to conform to the various
name changes authorized by this
ordinance.
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, upon the concurrence of the Board of Control, as
required by Sections 77 and 79 of the
Charter, the Department of Consumer Affairs is discontinued and
Sections 147.01 and 147.02, as amended by Ordinance No. 1137-01, passed
November 26, 2001, and Section
643.05, as amended by Ordinance No.
1345-01, passed December 10, 2001,
are repealed.
Section 2. That, upon the concurrence of the Board of Control, as
required by Sections 77 and 79 of the
Charter, the Office of Consumer
Affairs is discontinued and Section
123.07, as amended by Ordinance No.
2090-B-76, passed January 24, 1977, is
repealed.
Section 3. That, upon the concurrence of the Board of Control, as
required by Sections 77 and 79 of the
Charter, the Division of Real Estate
is discontinued and Sections 137.09
and 137.10 of the Codified Ordinances of Cleveland, Ohio, 1976, as
enacted by Ordinance No. 1117-06,
passed
January
28,
2008,
are
repealed.
Section 4. That, upon the concurrence of the Board of Control, as
required by Sections 77 and 79 of the
Charter, the Division of Neighborhood Development is established
and for such purposes the Codified
Ordinances of Cleveland, Ohio, 1976,
are supplemented by enacting new
Sections 137.09 and 137.10 to read as
follows:
Section 137.09 Division of Neighborhood Development
There is established a Division of
Neighborhood Development in the
Department of Community Development, which shall be administered
by a Commissioner of Neighborhood
Development, subject to the provisions of the Charter and ordinances
of the City, and to the direction of
the Director of Community Development.
Section 137.10 Duties of the Commissioner of Neighborhood Development
The Commissioner of Neighborhood Development shall administer
City programs intended to encourage the development or improvement of residential and commercial
property in Cleveland’s neighborhoods; shall manage public acquisition of real estate to be used in furtherance of the City’s neighborhood
development objectives; shall manage and propose allocation of the
City’s capital resources to provide
incentives for private investment in
residential and commercial development within the City, shall plan and

March 2, 2011
implement City programs intended
to foster the construction of safe,
high-quality, and affordable housing
for low income residents; and shall
perform such other duties as may
from time to time be required by
ordinance or by the Director of Community Development.
Section 5. That, upon the concurrence of the Board of Control, as
required by Sections 77 and 79 of the
Charter, the Office of Fair Housing
and Consumer Affairs is established
within the Department of Community Development and for such purposes the Codified Ordinances of
Cleveland, Ohio, 1976, are supplemented by enacting new Sections
137.03 and 137.04 to read as follows:
Section 137.03 Office of Fair Housing and Consumer Affairs
There is established in the Department of Community Development an
office of Fair Housing and Consumer Affairs to be administered
and controlled by a Manager of Fair
Housing and Consumer Affairs. The
Office of Fair Housing and Consumer Affairs shall accept, investigate and process complaints regarding unlawful discriminatory housing
practices; accept, investigate and
process complaints from consumers
regarding fraudulent, unfair, deceptive
or
unconscionable
business
practices; work cooperatively with
consumer agencies, schools, media
and community organizations to
educate consumers and businesses
about consumer issues; make recommendations for legislative action
to strengthen consumer protection;
and perform further duties as may
from time to time be required by
ordinance or by the Director of Community Development.
Section 137.04 Duties of the Manager of Fair Housing and Consumer
Affairs
The Manager of Fair Housing and
Consumer Affairs under the supervision and direction of the Director
of Community Development and subject to the Charter and ordinances
of the City, shall have the authority to:
(a) Delegate personnel in the
Office of Fair Housing and Consumer Affairs to aid and assist the
Manager in the proper discharge of
his duties and powers;
(b) Supervise the execution and
enforcement of all laws, rules and
regulations pertaining to fair housing and consumer affairs as provided in the Fair Housing and Consumer Protection Codes;
(c) Receive moneys and issue
vouchers for the disbursement of
moneys in accordance with the
terms of any stipulated settlement
agreement made pursuant to division (a) of Section 643.13 of these
Codified Ordinances;
(d) Accept, investigate and, if necessary, adjudicate, in conjunction
with the Law Department, complaints regarding violations of the
Fair Housing and Consumer Protection codes.
(e) Make studies, conduct tests
and establish programs to educate
and inform consumers of practices
and problems and represent the
interest of consumers before administrative and regulatory agencies;
(f)
Work
with
governmental
agencies
and
private
consumer
groups to insure the protection of
consumers and to coordinate activities for the common municipal good;
(g) Make a written annual report
to the Mayor enumerating the activities and recommendations of the

The City Record
Office of Fair Housing and Consumer Affairs;
(h) Do any and all acts which
may be necessary for the successful
prosecution of the purposes of the
Fair Housing and Consumer Protection Code and such other acts as
may
be
specifically
enumerated
herein including, but not limited to
requiring that certain classes of
merchants be licensed by the Office
of Consumer Affairs subject to
approval by Council through the
Commissioner of Assessments and
Licenses when the Director determines such licensing to be in the
public interest and necessary for the
protection of consumers.
Section 6. That, upon the concurrence of the Board of Control, as
required by Sections 77 and 79 of the
Charter, the duties of the Director
of
Community
Development
are
amended, and for such purposes Section 137.02 of the Codified Ordinances of Cleveland, as amended by
ordinance No. 1266-02, passed January 26, 2003, is amended to read as
follows:
Section 137.02 Duties of the Director of Community Development
The Director of Community Development shall administer the Department of Community Development
and supervise the work of the several divisions established in the
Department; administer the laws
and ordinances of the City relating
to Community Development; coordinate the functioning of the several
divisions of the Department with
other departments, divisions and
offices of the City, with Federal,
State and County offices and agencies; supervise the carrying forward
of the development, redevelopment,
renewal, rehabilitation and conservation of the City in conformity
with the General Plan of the City;
manage and supervise all projects
undertaken by the City for the redevelopment, renewal, rehabilitation
or conservation of slum, blighted,
deteriorating or deteriorated areas,
including the relocation of occupants displaced by this or other governmental action; make application
to the appropriate agencies of the
Federal government and other public bodies on behalf of the City, the
Local Public Agency, for financial
assistance if it is determined that
financial assistance is necessary;
monitor and enforce the Cleveland
Consumer Protection Code and educate
consumers
and
service
providers as to their rights and
responsibilities under federal, state
and local laws; and do and perform
such other duties as may from time
to time be required of him by the
Mayor, or by ordinance of Council.
Section 7. That, upon the concurrence of the Board of Control, as
required by Sections 77 and 79 of the
Charter, Section 137.02 of the Codified Ordinances of Cleveland, as
amended by Ordinance No. 1266-02,
passed January 26, 2003, is repealed.
Section 8. That Section 159.01, as
amended by Ordinance No. 729-72,
passed June 26, 1972, is amended to
read as follows:
Section
159.01
Establishment;
Terms; Meetings
There is hereby created in the
Office of Fair Housing and Consumer Affairs an advisory board on
consumer affairs which shall be
known as the Consumers Council,
consisting of the Director, ex-officio
and seven members. Four shall be
appointed by the Mayor and three

279

19
by the President of Council. The
Consumers Council shall represent
business and consumer interests, but
consumer members shall never be
less than a majority. One of these
members shall be elected Chairman
annually by the members of the
Advisory Board. Of the seven members first appointed, three shall be
appointed for a term of three years,
two for a term of two years and two
for a term of one year; thereafter all
appointments shall be for a term of
three years. Members of the Consumers Council shall serve without
compensation but shall be reimbursed
for
expenses
necessarily
incurred in the performance of their
duties. The Consumer Council must
meet with the Director at least quarterly in each calendar year and
shall advise the Director on general
goals for the development of programs;
undertake
studies
and
reports and make written recommendations to the Director and foster cooperation among City, State
and Federal agencies and private
consumer groups. The Consumer
Council shall hold additional meetings with the Director when called
by the Chairman or when requested
by the Director or by at least three
members of the Consumers Council.
Section 9. That the following Sections of the Codified Ordinances of
Cleveland, Ohio, 1976:
Section 641.05, as enacted by Ordinance No. 729-72, passed June 26,
1972,
Section 643.04, as amended by
Ordinance No. 125-82, passed December 20, 1982,
Section 643.06, as amended by
Ordinance No. 1345-01, passed December 10, 2001,
Sections 643.07 and 643.08, as
enacted by Ordinance No. 729-72,
passed June 26, 1972,
Section 643.11, as amended by
Ordinance No. 1345-01, passed December 10, 2001,
Section 643.12, as enacted by Ordinance No. 729-72, passed June 26,
1972
Sections 645.02, 645.03, and 645.04,
as enacted by Ordinance No. 709-74,
passed July 29, 1974,
Section 647.07, as enacted by Ordinance No. 2269-74, passed June 30,
1975,
Section 649.03, as enacted by Ordinance No. 641-74, passed June 24,
1974,
Section 651.03, as amended by
Ordinance
No.
1640-73,
passed
August 10, 1973,
Section 659.05, as enacted by Ordinance No. 737-02, passed April 22,
2002,
Section 665.02, as amended by
Ordinance
No.
1260-08,
passed
November 30, 2009,
Section 665.05, as amended by
Ordinance No. 2317-04, passed December 13, 2004,
Section 665.07, as amended by
Ordinance No. 295-08, passed April 7,
2008,
Section 665.08, as amended by
Ordinance No. 162-A-2000, passed
December 4, 2000, and
Section 665.10, as amended by
Ordinance No. 295-08, passed April 7,
2008,
are amended to read as follows:
Section 641.05 Manager
“Manager” means the Manager of
the Office of Fair Housing and Consumer Affairs, whenever used in
this
Code,
unless
specifically
defined otherwise.

20
Section 643.04 Personnel
The Manager of Fair Housing and
Consumer Affairs shall supervise
such personnel, as are needed to
ensure the successful administration
of this Code. Such personnel shall
carry out the direction of the Manager in all matters relating to the
enforcement of this Code and shall
aid and assist the Manager in the
efficient discharge of his or her
duties.
Section 643.06 Rules and Regulations
The Manager of Fair Housing and
Consumer Affairs, under the supervision and direction of the Director
of
Community
Development
and
after having consulted with the Consumer’s Council, and after having
held a public hearing affording
interested persons an opportunity to
be heard, may adopt, amend or alter
written rules and regulations of this
Code to protect consumers, including
regulations defining specific unfair
and unconscionable trade practices.
Such rules and regulations must be
reviewed by the Director of Law
and shall not conflict with nor
waive any provisions of this Code or
any ordinance of the City, or be
inconsistent with the rules, regulations and decisions of the Federal
Trade Commission, the laws of the
State or the decisions of Federal and
state courts relating thereto, nor
shall they be the basis for criminal
prosecutions for violations of this
Code. Such rules and regulations
and amendments thereto and alterations thereof shall become effective
after two successive publications in
the City Record. No rule or regulations shall be adopted, amended or
altered or of any effect without the
prior approval and consent of Council.
Section 643.07 Notice of Public
Hearing on Proposed Rules
Prior to the adoption, amendment
or alteration of any rule or regulation, the Manager of Fair Housing
and Consumer Affairs shall give at
least fourteen days’ notice of his
intended action by publication in
the City Record setting forth the
date, time and place of a public
hearing and the contents of the proposed rules or regulations to be
acted upon.
Section 643.08 Tests to Determine
Violations
The Manager of Fair Housing and
Consumer Affairs is authorized to
conduct or cause to be conducted
any tests which in his judgment
may aid in demonstrating that violations of this Code have been or are
likely to be committed. The Manager shall require that all tests be conducted by reputable, qualified personnel and that written reports be
submitted to him for all such tests.
If the report substantiates that a
violation of this Code exists, the person responsible for the violation
shall pay all costs for conducting
the tests.
Section
643.11
Enforcement
Actions and Consumer Remedies
(a) All legal actions initiated by
the Manager of Fair Housing and
Consumer Affairs to enforce this
Code shall be brought by the Director of Law upon written request by
the Manager of Fair Housing and
Consumer Affairs. In addition to
recovery of fines as provided by this
Code, actions may be brought for
injunctive relief in any court of com-

The City Record
petent jurisdiction to restrain a person from violating this Code or the
rules or regulations pursuant thereto, and to restrain a merchant from
engaging in unfair, deceptive, fraudulent
or
unconscionable
conduct
with consumers. To establish a
cause of action under this Code it
need not be shown that consumers
are being or were actually damaged.
(b) The City or any person
aggrieved by a violation of Title III,
Consumer Protection Code, may at
any time within two years from the
date of the alleged violation or within a reasonable time after the consumer discovers or should have discovered the violation, whichever is
later, may apply to any court of
competent jurisdiction for appropriate relief, including but not limited
to:
(1) injunctive relief or an order
otherwise
compelling
compliance
with this Code;
(2) compensatory damages which
may be trebled if the act, omission
or practice violates Sections 641.11
or 641.12, and/or punitive damages;
(3) such other or further relief as
is appropriate for the enforcement
of this Code and elimination and
prevention of violations thereof.
(c) The court may award to the
City or the complainant reasonable
attorneys’ fees and costs of litigation, and the City shall recover its
reasonable costs of investigation of
the violation.
Section 643.12 Cease and Desist
Orders
If the Manager has reason to
believe that a person has violated
this Code, he may order such person
subject to this Code to cease and
desist from engaging in such violations or from engaging in unfair,
deceptive,
fraudulent
or
unconscionable conduct. If after the order
is made, a written request for hearing is filed with the Director and no
hearing is held within thirty days
thereafter, the order is rescinded.
Any determination or order made
after a full hearing by the Director,
and any order if no hearing is
requested within thirty days shall
become a lawfully made final order
and thereafter subject to judicial
review at law.
Section 645.02 Display of Prescription Drug Prices
Every pharmacy must post at
each counter over which prescription drugs are sold, a list conspicuously displaying the current selling
price of the drugs by their common
generic and brand names designated on a form prescribed for that purpose by the Office of Fair Housing
and Consumer Affairs.
Section 645.03 Regulations and
Exemptions
The Manager of Fair Housing and
Consumer Affairs shall promulgate
regulations, under Section 643.06,
designating those prescription drugs
which because of the frequency with
which they are prescribed, shall be
posted under Section 645.02. The
Manager may exempt from such regulation such drugs whenever he
finds that, because of the nature of
such prescription drugs, compliance
with Section 645.02 is unreasonably
burdensome and unnecessary for
adequate protection of consumers.
The Manager shall promulgate such
other regulations as shall be necessary to effectuate the purposes of
this chapter, including but not limited to, requirements as to the man-

280

March 2, 2011
ner of display of prescription drug
prices and other information related
to prescription drugs.
Section 645.04 Failure to Post
Prices; Enforcement
Failure to post prices, as required
in Section 645.02, constitutes an
unconscionable trade practice under
the provisions of Section 641.12, and
is otherwise subject to all the legal
remedies and penalties available to
the Manager, who is authorized to
enforce the provisions of this chapter.
Section 647.07 Extension of Time
for Compliance
Any retail establishment which is
unable to comply with this chapter
within the time set forth herein may
apply to the Manager of Fair Housing and Consumer Affairs for permission to extend such time for compliance for an initial period not to
exceed
thirty
days.
Such
retail
establishment shall set forth, in as
much detail as possible, the reasons
for its inability to comply. The Manager may extend such period from
time to time, upon such terms and
conditions as he may deem reasonable, but not to exceed ninety days
in total.
Section 649.03 Failure to Post
Prices; Enforcement
Failure to post prices as set forth
in Sections 649.01 and 649.02 constitutes an unconscionable trade practice under the provisions of Section
641.12, otherwise subject to all of
the legal remedies and penalties
available to the Manager of Fair
Housing and Consumer Affairs, who
is authorized to enforce the provisions of this chapter.
Section
651.03
Enforcement;
Exceptions
The Manager of Fair Housing and
Consumer Affairs shall enforce the
provisions of Section 651.02. The
Manager may grant an extension of
time for compliance with the section
where a written request supported
by evidence of exceptional circumstances and substantial efforts to
comply prior to the effective date
would justify his finding that full
compliance on or before the effective date would be impossible or create undue financial hardship in the
particular instance.
Section 659.05 Enforcement
The Manager of Fair Housing and
Consumer Affairs is charged with
the enforcement of this Chapter. The
Manager
shall
promulgate
such
rules, regulations and procedures as
he or she may deem necessary to aid
in the administration and enforcement of the provisions of this Chapter. For the purpose of enforcement
of the provisions of this Chapter, the
Manager shall maintain a listing of
those business entitles that have
been determined to make predatory
loans under this Chapter and shall
regularly distribute this listing to
all City departments. This listing
shall also be made available to the
public free of charge by request of
the Office of Fair Housing and Consumer Affairs. The Manager shall
also maintain a list of HUD-certified
housing counseling agencies and
shall make such list available upon
request. The Manager of Fair Housing and Consumer Affairs may
make findings with respect to predatory loans and lenders who make
such loans based on recommendations made by a Consumer Advisory
Council.

March 2, 2011
Section 665.02 Definitions
As used in this Chapter:
(a) “Aggrieved person” includes
any person who:
(1) claims to have been injured by
a discriminatory housing practice;
or
(2) believes that such person will
be injured by a discriminatory housing practice that is about to occur.
(b)
“Covered
multi-family
dwellings” means buildings consisting of four or more units, if such
buildings have one or more elevators, and ground floor units in other
buildings consisting of four or more
units.
(c) “Disability”
(1) means, with respect to a person:
A. a physical or mental impairment that substantially limits one or
more major life activities, including
the functions of caring for one’s self
such as: performing manual tasks,
walking, seeing, hearing, speaking,
breathing, learning, and/or working;
B. a record of a physical or mental impairment;
C. being regarded as having a
physical or mental impairment; or
D. any person associated with that
person, and any person residing or
intending to reside with that person.
(2) does not include current, illegal use of, or addiction to, a controlled substance, as defined in 21
U.S.C. Section 802.
(d) “Manager of Fair Housing and
Consumer Affairs” means the Manager as established and defined in
Section 137.03.
(e) “Fair Housing Board” means
the
Board
as
established
and
defined in Section 665.05.
(f) “Familial status” refers to the
status of:
(1) one or more individuals (who
have not attained the age of eighteen years) being domiciled with:
A. a parent or another person having legal custody of the individual
or individuals; or
B. the designee of the parent or
other person having such custody,
with the written permission of the
parent or other persons.
(2) any person who is pregnant or
is in the process of securing legal
custody of any individual who has
not attained the age of eighteen
years.
(g) “Gender identity or expression” means the gender-related identity, external presentation of gender
identity
through
appearance,
or
mannerism or other gender-related
characteristics
of
an
individual,
regardless of the individual’s designated sex at birth.
(h) “Housing for older persons”
means:
(1) housing provided under any
State or Federal program that the
Secretary
of
the
United
States
Department of Housing and Urban
Development
(hereafter
“HUD”)
determines is specifically designed
and operated to assist elderly persons (as defined in the State or Federal program);
(2) housing intended for, and solely occupied by, persons 62 years of
age or older;
(3) housing intended and operated for occupancy by at least one person 55 years or older per unit. The
determination as to whether housing
qualifies as housing for older persons under this division shall be
consistent with regulations promulgated by the Secretary of HUD,
which require that at least the following factors are present:

The City Record
A. the existence of significant
facilities and services specifically
designed to meet the physical or
social needs of older persons or if
the provision of the facilities and
services is not practicable, that the
housing is necessary to provide
important housing opportunities for
older persons; and
B. that at least eighty percent
(80%) of the units are occupied by
at least one person 55 years of age
or older per unit; and
C. the publication of, and adherence to, policies and procedures
which demonstrate an intent by the
owner or manager to provide housing for persons 55 years of age or
older.
(4) Housing shall not fail to meet
the requirements for housing for
older persons by reason of:
A. there being persons residing in
the housing as of the date of enactment of the Fair Housing Act of
1988 who do not meet the age
requirements of division (i)(2) or
(3) of this section; provided that the
new occupants of the housing meet
the age requirements of division
(i)(2) or (3); or
B. there being unoccupied units,
provided
that
such
units
are
reserved for occupancy by persons
who meet the age requirements of
division (i)(2) or (3).
(i) “Lending institution” means
any bank, savings and loan association, insurance company, or other
organization or person regularly
engaged in the business of lending
money, guaranteeing loans for profit, or otherwise providing financial
assistance or insurance in connection with the purchase, sale or
rental of dwellings.
(j) “Person” means one or more
individuals, partnerships, associations, organizations, corporations,
joint stock companies, mutual companies, legal representatives, trusts,
trustees, trustees in bankruptcy,
receivers,
and
other
organized
groups of persons. It also includes,
but is not limited to, any owner,
lessor, assignor, builder, manager,
broker, salesman, appraiser, agent,
employee, and lending institution.
(k) “Property”, as used in this
chapter, means any building, structure, facility or portion thereof,
which is used, occupied or is intended, arranged or designed to be used
or occupied;
(1) as the residence, dwelling
unit, or sleeping place of one or
more individuals, groups, or families
whether or not living independently
of each other, and includes any
housing accommodations held or
offered for sale or rent by a real
estate broker, salesman, or agent, or
by any other person with authorization of the owner, by the owner,
or by the person’s legal representative;
(2) for the purpose of operating a
business, an office, a manufactory
or public accommodation; or
(3) any vacant land offered for
sale, lease or held for the purpose
of constructing or locating thereon
any such building, structure, facility,
business
concern
or
public
accommodation.
(l) “Protected group” or “protected
class” refers to persons who are or
may be discriminated against on the
basis of race, religion, color, sex,
sexual orientation, gender identity
or expression, national origin, age,
disability, ethnic group, Vietnam-era
or disabled veteran status, familial
status, marital status or ancestry.
(m) “Purchase” means to obtain
property through sale.

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21
(n) “Real estate broker” means a
real estate agent or salesperson, or
a limited real estate broker or salesperson as defined in Section 4735.01
of the Revised Code.
(o) “Rent” or “rental” means to
lease, sublease, assign or otherwise
grant or obtain the right to occupy
property not owned by the occupant
in return for consideration, or a contract or option to do any of the foregoing.
(p) “Sale or sell” means to convey,
exchange, transfer or assign legal
or equitable title to, or beneficial
interest in, property in return for
consideration,
or
a
contract
or
option to do any of the foregoing.
(q) “Sexual orientation” means a
person’s actual or perceived homosexuality, bisexuality or heterosexuality, by orientation or practice.
(r) “Solicitation” or “solicit” means
the mailing or delivery of any printed matter or any oral communication either in person or by telephone
to the owner or occupant of property by any real estate broker, agent,
sales representative or other person
for any of the following purposes:
(1) advertising the accomplishments and/or abilities of the real
estate broker, agent, sales representative or other person to sell or rent
property;(2) requesting or suggesting that the owner or occupant list
his property for sale or rent; or
(3) offering to purchase or rent
the owner’s property.
Section 665.05 Fair Housing Board;
Powers; Duties; Responsibilities
(a) There is hereby established a
Fair Housing Board which shall
consist of five members: one (1)
appointed by the Mayor; one (1)
appointed by the Council; and three
(3) citizen members nominated by
the Mayor and confirmed by Council. The member appointed by the
Mayor and the member appointed by
Council each shall be appointed for
a term of three (3) years. Of the citizen members first appointed, one
(1) shall be appointed for a term of
one (1) year, one (1) for a term of
two (2) years, and one (1) for a
term of three (3) years; thereafter
appointments shall be for three (3)
years.
(b) After January 1, 2011, and
upon expiration of the terms of the
members appointed under division
(a), appointments to the Fair Housing Board shall be as follows: two
(2) appointed by the Mayor; two (2)
appointed by the Council; and one
(1) citizen member nominated by
the Mayor and confirmed by Council. The members shall each be
appointed for a term of three (3)
years. To accomplish this change in
the appointment process, the first
expired term of a citizen member
appointed under division (a) shall
be filled by the Mayor; the second
expired term of a citizen member
appointed under division (a) shall
be filled by Council. Thereafter, all
appointments shall be made in
accordance with this division.
(c) The Fair Housing Board shall
have the responsibility to administer the provisions of this chapter
and to adjudicate complaints alleging violations of any section. The
Board shall have and may exercise
the following powers to implement
the purposes of this chapter:
(1) to hold adjudicative hearings,
make findings of fact, issue orders,
enforce such orders and seek judicial and/or administrative relief
with respect to any such complaints
in accordance with the provisions of
this chapter;

22
(2) to subpoena witnesses, compel
their attendance, administer oaths,
take sworn testimony and, in connection therewith, to require the production for examination of any documents relating to any matter under
investigation or in question before
the Board, and enforce such powers
by proper petition to any court of
competent jurisdiction;
(3) to adopt such rules and regulations as the Board may deem necessary or desirable for the conduct
of its business and to carry out the
purposes of this chapter;
(4) to do such other acts as are
necessary and proper to perform
those duties with which the Board
is
charged
under
this
chapter,
including the provision of referral
services for the community;
(5) to collect, analyze and study
the results of investigations made
under this chapter and report to the
Mayor and City Council on or before
January 31 of each calendar year on
the working of this chapter for the
purpose of advising on and recommending amendments to this chapter;
(6) to conduct a continuing program of education and community
organization throughout the City;
(7) to initiate an investigation
without the filing of an official complaint, provided a majority of the
Board elects to proceed based upon
reasonable cause to believe that violations of this chapter are occurring
or have occurred. The Board shall
have the same powers following this
initiated investigation as it has with
an investigation based on the filing
of a complaint;
(8)
to
enter
into
cooperative
agreements with other governmental agencies to effectuate the purposes of this chapter;
(9) to refer persons allegedly
aggrieved by unlawful discriminatory housing practices to the Ohio
Civil Rights Commission or other
governmental or private agencies,
as appropriate;
(10) if the Board has reasonable
cause to believe that any person or
persons are engaged in unlawful
discriminatory housing practices as
described in Section 665.03, the
Board may refer the matter to the
Director of Law for commencement
of a civil action in a court of competent jurisdiction on behalf of the
City. The Director of Law may seek
any relief considered necessary to
ensure the full enjoyment of the
rights granted by this chapter.
Section 665.07 Investigation of
Complaints
(a) Investigations shall be commenced by the Manager of Fair
Housing and Consumer Affairs or
his or her designee or designees
within thirty (30) days after a complaint has been received. Conciliation, under Section 665.08, shall be
attempted beginning with the filing
of the complaint and ending with
the filing of a charge or a dismissal
of the complaint. If conciliation has
failed and the investigation has
been completed, the Manager of Fair
Housing and Consumer Affairs shall
determine that:
(1) there are reasonable grounds
to believe that a violation of Section
665.03 has occurred, in which case
the Manager of Fair Housing and
Consumer Affairs shall issue a
charge stating the facts forming the
basis for the finding of reasonable
grounds to believe discrimination
occurred or is about to occur under
Section 665.03. The Manager of Fair
Housing and Consumer Affairs shall

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then forward the complaint to the
Fair Housing Board for a hearing,
under Section 665.09; or
(2)
there
are
no
reasonable
grounds to believe that a violation
of Section 665.03 has occurred or
was about to occur, in which case
the Manager of Fair Housing and
Consumer Affairs shall prepare and
issue a written notice of dismissal,
within five (5) days of the finding
of no reasonable grounds, by serving a copy of the notice of dismissal
by certified mail on the parties. The
notice of dismissal shall advise the
complainant of his or her right of
appeal under this section. Within
fourteen (14) days of receipt of
notice of dismissal, the complainant
may request, in writing, reconsideration by the Fair Housing Board of
the dismissal. By a majority vote,
the Fair Housing Board may affirm
or reverse the dismissal. If the Fair
Housing Board reverses, it shall
refer the complaint to the Manager
of Fair Housing and Consumer
Affairs for conciliation and other
actions consistent with this chapter.
(b) The Manager of Fair Housing
and Consumer Affairs shall complete the investigation within one
hundred (100) days after receipt of
the complaint, unless impracticable,
in which case the Fair Housing
Board shall inform, in writing, the
complainant and the respondent of
the reasons why the investigation
cannot be completed within the time
prescribed.
(c) The Manager of Fair Housing
and Consumer Affairs and his or her
designee and staff may be assisted
in the investigation by a fair housing agency or other appropriate
organization or person under contract with the City.
Section 665.08 Conciliation Process
(a) During the period beginning
with the filing of such complaint
and ending with the filing of a
charge or a dismissal by the Fair
Housing Board, the Fair Housing
Board shall, to the extent feasible,
engage in conciliation with respect
to such complaint. As appropriate,
the Manager of Fair Housing and
Consumer Affairs or his or her
designee shall:
(1) notify the complainant and
respondent of the time, place and
date of the conciliation conference
at least ten (10) days prior thereto,
and both parties shall appear at the
conciliation conference in person or
by attorney; and
(2) attempt to resolve the complaint by methods of conference,
conciliation and persuasion with all
interested parties and such representatives as the parties may choose
to assist them. Conciliation conferences shall be informal and nothing
said or done during such conferences shall be made public unless
the parties agree thereto in writing.
The terms of conciliation agreed to
by the parties shall be reduced to
writing and incorporated into a consent agreement to be signed by the
parties, subject to approval by the
Fair Housing Board. The terms of
the conciliation agreement shall be
made public, unless the complainant
and the respondent agree otherwise
and the Fair Housing Board determines that disclosure is not required
to further the purposes of this chapter.
(b) A conciliation agreement may
provide for binding arbitration of
the dispute arising from the complaint. Any such arbitration that
results from a conciliation agreement may award appropriate relief,
including monetary relief.

282

March 2, 2011
Section 665.10 Hearing Decisions
(a) Within thirty (30) days of the
close of the hearing, the Fair Housing Board shall deliver its decision,
which shall be rendered in the form
of a written order and which shall
include findings of fact and a statement as to whether the respondent
has violated or was about to violate
Section 665.03 and any remedial
actions as the Fair Housing Board
may order under Section 665.13. The
order shall be served upon the parties by certified mail within fifteen
(15) days of the date of the decision. The order shall be available
for public inspection, and a copy
shall be provided to any person on
request and payment of reproduction
costs.
(b) If the Fair Housing Board is
unable to make a recommendation
within the time frame indicated in
section (a), the Fair Housing Board
shall notify the Manager of Fair
Housing and Consumer Affairs, the
complainant and the respondent in
writing of the reasons for not doing
so.
Section 10. That the following
existing Sections of the Codified
Ordinances of Cleveland, Ohio, 1976:
Section 159.01, as amended by
Ordinance No. 729-72, passed June 26,
1972,
Section 641.05, as enacted by Ordinance No. 729-72, passed June 26,
1972,
Section 643.04, as amended by
Ordinance No. 125-82, passed December 20, 1982,
Sections 643.05 and 643.06, as
amended by Ordinance No. 1345-01,
passed December 10, 2001,
Sections 643.07 and 643.08, as
enacted by Ordinance No. 729-72,
passed June 26, 1972,
Section 643.11, as amended by
Ordinance No. 1345-01, passed December 10, 2001,
Section 643.12, as enacted by Ordinance No. 729-72, passed June 26,
1972
Sections 645.02, 645.03, and 645.04,
as enacted by Ordinance No. 709-74,
passed July 29, 1974,
Section 647.07, as enacted by Ordinance No. 2269-74, passed June 30,
1975,
Section 649.03, as enacted by Ordinance No. 641-74, passed June 24,
1974,
Section 651.03, as amended by
Ordinance
No.
1640-73,
passed
August 10, 1973,
Section 659.05, as enacted by Ordinance No. 737-02, passed April 22,
2002,
Section 665.02, as amended by
Ordinance
No.
1260-08,
passed
November 30, 2009,
Section 665.05, as amended by
Ordinance No. 2317-04, passed December 13, 2004,
Section 665.051, as amended by
Ordinance No. 1081-01, passed June
19,2001,
Section 665.07, as amended by
Ordinance No. 295-08, passed April 7,
2008,
Section 665.08, as amended by
Ordinance No. 162-A-2000, passed
December 4, 2000, and
Section 665.10, as amended by
Ordinance No. 295-08, passed April 7,
2008,
are repealed.
Section 11. That concurrence of
the Board of Control shall be evidenced by a certified copy of the
resolution of the Board of Control
duly filed with the Clerk of Council
by the Secretary of the Board of
Control immediately on the adoption
of the concurring resolution, which

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March 2, 2011
resolution shall be attached by the
Clerk of Council to this ordinance.
Section 12. That any references
contained in the Codified Ordinances
of Cleveland, Ohio, 1976, to the
Director of Consumer Affairs or
Fair Housing Administrator shall be
amended to read “Manager of Fair
Housing and Consumer Affairs”, any
references to the Department of Consumer Affairs shall be amended to
read “Office of Fair Housing and
Consumer Affairs”, any references
to the Division of Real Estate shall
be amended to read “Division of
Neighborhood
Development”,
and
any references to the Commissioner
of Real Estate shall be amended to
read
“Division
of
Neighborhood
Development”.
Section 13. That the Clerk of Council is authorized when publishing
the Codified Ordinances of Cleveland, Ohio, 1976, and amendments
thereto, to change all references to
the Director of Consumer Affairs to
read “Manager of Fair Housing and
Consumer Affairs”, Department of
Consumer Affairs to read “Office of
Fair
Housing
and
Consumer
Affairs”, Division of Real Estate to
read
“Division
of
Neighborhood
Development”, the Commissioner of
Real Estate to read “Commissioner
of Neighborhood Development” consistent with this ordinance.
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 December 6, 2010.
Effective December 6, 2010.

23
Vice
Chair;
Brady,
Brancatelli,
Cleveland, Keane, Miller, Mitchell,
Polensek, Pruitt, Westbrook.
Friday, February 25, 2011
9:00 a.m.
General Fund Budget Hearings:
Present:
Sweeney, Chair; Kelley,
Vice
Chair;
Brady,
Brancatelli,
Cleveland, Keane, Miller, Mitchell,
Polensek, Pruitt, Westbrook.

COUNCIL COMMITTEE
MEETINGS
Tuesday, February 22, 2011
9:00 a.m.
General Fund Budget Hearings:
Present:
Sweeney, Chair; Kelley,
Vice
Chair;
Brady,
Brancatelli,
Cleveland, Keane, Miller, Mitchell,
Polensek, Pruitt, Westbrook.
Wednesday, February 23, 2011
9:00 a.m.
General Fund Budget Hearings:
Present:
Sweeney, Chair; Kelley,
Vice
Chair;
Brady,
Brancatelli,
Cleveland, Keane, Miller, Mitchell,
Polensek, Pruitt, Westbrook.
Thursday, February 24, 2011
9:00 a.m.
General
Present:

Fund Budget Hearings:
Sweeney, Chair; Kelley,

Monday, February 28, 2011
9:00 a.m.
General Fund Budget Hearings:
Present:
Sweeney, Chair; Kelley,
Vice Chair; Cleveland, Brady, Brancatelli,
Keane,
Miller,
Mitchell,
Polensek, Pruitt, Westbrook.
Tuesday, March 1, 2011
9:00 a.m.
General Fund Budget Hearings:
Present:
Sweeney, Chair; Kelley,
Vice
Chair;
Brady,
Brancatelli,
Cleveland, Keane, Miller, Mitchell,
Polensek, Pruitt, Westbrook.
Wednesday, March 2, 2011
9:00 a.m.
General Fund Budget Hearings:
Present:
Sweeney, Chair; Kelley,
Vice
Chair;
Brady,
Brancatelli,
Cleveland, Keane, Miller, Mitchell,
Polensek, Pruitt, Westbrook.

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

Agreements
Laffitte, Louise — professional services (O 253-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
Public Works — Murtis Taylor to use ten parking spaces at Alexander Hamilton Recreation
Center (O 248-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
Public Works — property adoption agreement with One Market Square for park and mural
maintenance (O 254-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269

Board of Control — Finance Department
Lumber — amend BOC Res. 34-11 (BOC Res. 58-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Lumber — per Ord. 592-10 — bids rejected (BOC Res. 59-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Steel plates, miscellaneous sizes — amend BOC Res. 33-11 (BOC Res. 57-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274

Board of Control — Public Utilities Department
Fire hydrants and fire hydrant parts — amend BOC Res. 489-10 — Division
of Water (BOC Res. 60-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Fire hydrants and fire hydrant parts — amend BOC Res. 490-10 — Division
of Water (BOC Res. 61-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Laboratory services for protozoa and biological analysis — per C.O. Sec. 129.28 to
Scientific Methods, Inc. — Division of Water (BOC Res. 62-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274

Board of Control — Requirement Contracts
Fire hydrants and fire hydrant parts — amend BOC Res. 489-10 — Division of Water, Dept.
of Public Utilities (BOC Res. 60-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire hydrants and fire hydrant parts — amend BOC Res. 490-10 — Division of Water, Dept.
of Public Utilities (BOC Res. 61-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Laboratory services for protozoa and biological analysis — per C.O. Sec. 129.28 to
Scientific Methods, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 62-11) . . .
Lumber — amend BOC Res. 34-11 — Dept. of Finance (BOC Res. 58-11). . . . . . . . . . . . . . . . . . . . . . .
Steel plates, miscellaneous sizes — amend BOC Res. 33-11 — Dept. of Finance (BOC Res. 57-11)

283

. . . . . . . . . . . . . . . 274
. . . . . . . . . . . . . . . 274
. . . . . . . . . . . . . . . 274
. . . . . . . . . . . . . . . 274
. . . . . . . . . . . . . . . 274

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24

March 2, 2011

Board of Control — Water Division
Fire hydrants and fire hydrant parts — amend BOC Res. 489-10 — Dept. of Public Utilities
(BOC Res. 60-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Fire hydrants and fire hydrant parts — amend BOC Res. 490-10 — Dept. of Public Utilities
(BOC Res. 61-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Laboratory services for protozoa and biological analysis — per C.O. Sec. 129.28 to
Scientific Methods, Inc. — Dept. of Public Utilities (BOC Res. 62-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274

Board of Zoning Appeals — Report
College Avenue, 820, (Ward 3) – Tom Leneghan, owner — appeal heard on 2/28/11 (Cal. 10-227)
East 51st Street, 1393, (Ward 8) – Ohio Technical College, Inc., owner — appeal withdrawn
on 2/28/11 (Cal. 11-8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pearl Road, 5100, (Ward 13) – Alex Solomon owner — appeal postponed to 6/20/11 on
2/28/11 (Cal. 10-175). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Puritas Avenue, 14320, (Ward 18) – John Foradis, owner — appeal withdrawn on 2/28/11
(Cal. 11-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Randall Avenue, 1935, (Ward 3) – Jeremy P. Ols — appeal denied and adopted on
2/28/11 (Cal. 11-5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Skaggs, Douglas Lee – appeal granted and adopted on 2/28/11 (Cal. 11-7) . . . . . . . . . . . . . . . . . . . .
St. Clair Avenue, 7513, (Ward 8) – Brenell Boynton, owner — appeal withdrawn on 2/28/11
(Cal. 11-4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Superior Avenue, 9120, (Ward 7) – Leonzie Smith, owner — appeal granted and adopted on
2/28/11 (Cal. 10-82). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wade Park Avenue, 7101-03, (Ward 7) – Moorad Rabah, owner and Sidney Little, lessee —
appeal withdrawn on 2/28/11 (Cal. 10-204) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . 276

Board of Zoning Appeals — Schedule
Brookpark Road, 12800, (Ward 18) – 12800 Brookpark Road LLC, owner, and Lakefront Lines,
tenant — appeal to be heard on 3/14/11 (Cal. 11-18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fleet Avenue, 5703, (Ward 12) – Gerald Rudowsky, owner — appeal to be heard on 3/14/11
(Cal. 11-16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lorain Avenue, 9431, (Ward 16) – The Cuyahoga County Land Reutilization Corporation,
owner — appeal to be heard on 3/14/11 (Cal. 11-19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rockwell Avenue, 1425, (Ward 3) – The Matrix Group, owner — appeal to be heard on 2/28/11
(Cal. 11-12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . . 276
. . . . . . . . . . . . . . . . 201

Building and Housing Department
Enact Sect. 347.17 — relating to satellite dishes (O 675-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278-R

Capital Projects
Acquire easement from University Hospital for sidewalks for Medical Center Cancer Hospital
(O 242-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend Sect. 514.04 — Permit Fee, Issuance and Duration (O 243-11) . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend Sect. 8 of Ord. No. 1273-09 — Rehab. of Cedar Ave. (East 21st. St. to East 55th St.)
(O 244-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contract No.P12010000000016 — Envirocom Construction — Ridge Road Siding Repair (F 267-11) .

. . . . . . . . . . . . . 265
. . . . . . . . . . . . . 265
. . . . . . . . . . . . . 266
. . . . . . . . . . . . . 263

Case Western Reserve University
Hudson Relays, 2011 — permit — April 23 (Ward 09) (O 261-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

City Council
Laffitte, Louise — agreement — professional services (O 253-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

City of Cleveland Bids
Asphalt concrete, reclaimed or virgin — Department of Public Works — Division of Streets —
per Ord. 6-11 — bid due March 23, 2011 (advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . .
Automotive parts and labor — Department of Port Control — per Ord. 190-07 — bid due March
25, 2011 (advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ford passenger / police vehicle parts and labor — Department of Public Works — Division
of Motor Vehicle Maintenance — per Ord. 1330-A-10 — bid due March 24, 2011
(advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Greenspace at Zone Recreation Center — Department of Public Works — Division
of Architecture and Site Improvement — per Ord. 607-10 — bid due March 16, 2011
(advertised 2/23/2011 and 3/2/2011). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lee Road Area Sewer System rehabilitation — Department of Public Utilities — Division of
Water — per Ord. 397-09 — bid due March 11, 2011 (advertised 2/23/2011 and 3/2/2011) . . .

284

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. . . . . . . . . . . . . . . . 277

. . . . . . . . . . . . . . . . 277

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25

Paint and paint supplies — Department of Finance — per C.O. Sec. 181.101 — bid due March
23, 2011 (advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pavement grinding — Department of Public Works — Division of Streets — per Ord. 1605-10 —
bid due March 23, 2011 (advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plumbing supplies — Department of Finance — per C.O. Sec. 181.101 — bid due March
30, 2011 (advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ridge Road Streets Facility renovations — Department of Public Works — Division of
Architecture and Site Improvement — per Ord. 1724-09 — bid due March 25, 2011
(advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sewer construction and replacement — Department of Public Utilities — Division of Water
Pollution Control — per C.O. Sec. 129.292 — bid due March 18, 2011
(advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Uninterruptible Power Supply Systems, generators, components, batteries — Department of
Public Utilities — Division of Water — per Ord. 1600-10 — bid due March
24, 2011 (advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 14th Street sewer relining project — Department of Public Utilities — Division of
Water Pollution Control — per Ord. 594-10 — bid due March 18, 2011
(advertised 3/2/2011 and 3/9/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . 277
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. . . . . . . . . . . . . . . 277

. . . . . . . . . . . . . . . 277

Clerk of Council
Laffitte, Louise — agreement — professional services (O 253-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

Cleveland Hopkins International Airport
Public improvement contract for parking at CHIA (O 247-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267

Codified Ordinances
Amend Sect. 443.13 — Drivers’ licenses; Application (Taxi Drivers) (O 245-11) . . . . . . . . . . . .
Amend Sect. 514.04 — Permit Fee, Issuance and Duration (O 243-11) . . . . . . . . . . . . . . . . . . . . .
Amend Sect. 670.14 — Armed Security Guards (O 188-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend Sect. 676.06 — Junk Dealer’s and Scrap Metal Processor’s Reporting and Retention
Requirements’ Inspections (O 241-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enact Sect. 347.17 — relating to satellite dishes (O 675-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Establish office of Fair Housing & Consumer Affairs within Community Development
Department (O 1329-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . 266
. . . . . . . . . . . . . . . . . . . 265
. . . . . . . . . . . . . . . . . . . 263
. . . . . . . . . . . . . . . . . . . 264
. . . . . . . . . . . . . . . . . 278-R
. . . . . . . . . . . . . . . . . 278-R

Communications
Capital Projects — Contract No.P12010000000016 — Envirocom Construction —
Ridge Road Siding Repair (F 267-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Community Development — 2011 Consolidated Plan Document (F 190-11-A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263

Community Development Department
Community Development — 2011 Consolidated Plan Document (F 190-11-A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
St. Clair Ave., 11008 & 11016 — PPN 110-01-002 / 003 — Land Reutilization Program — David
Ali (Ward 09) (O 256-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
Establish office of Fair Housing & Consumer Affairs within Community Development
Department (O 1329-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278-R

Condolences Resolutions
Aerni, Jr., William W. (R 275-11) . . . . . . . . . .
Costanzo, Joseph A. (R 271-11) . . . . . . . . . . . .
Johnson, Mamie Sue (R 272-11) . . . . . . . . . . .
Kane, Daniel J. (R 274-11). . . . . . . . . . . . . . . .
Kemerer, Jr., Wendell D. (Jerry) (R 292-11)
Madison, Clyde A. (R 276-11) . . . . . . . . . . . . .
McNear, Willa L. (R 273-11) . . . . . . . . . . . . . .
Pelikan, Irene A. (R 270-11) . . . . . . . . . . . . . .
Tranchito, Sarah (R 277-11) . . . . . . . . . . . . . .

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264
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264
264

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264
264
264
264
264
264
264

Congratulatory Resolutions
Clark, Richard (R 278-11) . . . . . . . . . . . . . . .
Coburn, Chris (R 282-11) . . . . . . . . . . . . . . . .
Coyne, Richard F. (R 279-11) . . . . . . . . . . . .
Flannery, Sr. Mary Ann (R 281-11) . . . . . . .
Friedman, Dylan P. (R 283-11) . . . . . . . . . . .
Gaughan, Judge Patricia Ann (R 280-11) . .
Goodard, Dick — 80th Birthday (R 284-11)

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285

The City Record

26

March 2, 2011

Contracts
Amend Sect. 8 of Ord. No. 1273-09 — Rehab. of Cedar Ave. (East 21st. St. to East 55th St.)
(O 244-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Capital Projects — Contract No.P12010000000016 — Envirocom Construction —
Ridge Road Siding Repair (F 267-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development — Brookpark Industrial Properties, LLC, —
4600 Brookpark Rd. (O 252-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exercise option to renew Contract No. 69009 with KS Associates, Inc. (O 246-11) . . . . . . . . . .
Extend Contract No. 64776 with ACS State & Local Solutions, Inc — additional services for
traffic photo enforcement (O 251-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Laffitte, Louise — agreement — professional services (O 253-11) . . . . . . . . . . . . . . . . . . . . . . .
Public improvement contract for parking at CHIA (O 247-11) . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . 266
. . . . . . . . . . . . . . . . . . . 263
. . . . . . . . . . . . . . . . . . . 269
. . . . . . . . . . . . . . . . . . . 266
. . . . . . . . . . . . . . . . . . . 268
. . . . . . . . . . . . . . . . . . . 271
. . . . . . . . . . . . . . . . . . . 267

Easements
Capital Projects — Acquire easement from University Hospital for sidewalks for Medical
Center Cancer Hospital (O 242-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Public Works — Grant easement to AT&T at Earl B. Turner parking lot (O 249-11) . . . . . . . . . . . . . . . . . . . . . . . . . . 268

Economic Development Department
Contract — Brookpark Industrial Properties, LLC, — 4600 Brookpark Rd. (O 252-11) . . . . . . . . . . . . . . . . . . . . . . . . . 269

Fair Housing and Consumer Affairs Office
Establish office of Fair Housing & Consumer Affairs within Community Development
Department (O 1329-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278-R

Finance Department
Amend Sect. 443.13 — Drivers’ licenses; Application (Taxi Drivers) (O 245-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Public Works — professional services — temporary & seasonal personnel for outsourcing
Parks and Finance (O 250-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268

Health Department
Healthy Cleveland (R 257-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270

Junk Yards
Amend Sect. 676.06 — Junk Dealer’s and Scrap Metal Processor’s Reporting and Retention
Requirements’ Inspections (O 241-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264

Land Reutilization Program
St. Clair Ave., 11008 & 11016 — PPN 110-01-002 / 003 — David Ali (Ward 09) (O 256-11) . . . . . . . . . . . . . . . . . . . . . . . . 269

Liquor Permits
Dove Ave., 10808 (1st fl.) — withdraw objection to renewal — repeal Res. 1092-10 (Ward
02) (R 265-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lakeside Ave., 3877 — transfer of ownership application (Ward 03) (F 268-11) . . . . . . . . . . . . .
Puritas Ave., 14606 — objection to issuance (Ward 18) (R 266-11) . . . . . . . . . . . . . . . . . . . . . . . . .
Waterloo Rd., 15222 — objection to issuance (Ward 11) (R 263-11) . . . . . . . . . . . . . . . . . . . . . . . .
West 25th St., 1889 — transfer of ownership and location application (Ward 03) (F 269-11) . . .
West 25th St., 3259 — objection to issuance (Ward 14) (R 262-11). . . . . . . . . . . . . . . . . . . . . . . . . .
Woodland Ave., 6206 — withdraw objection to transfer of Liquor License — repeal Res. 95-11
(Ward 05) (R 264-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Mayor’s Office
Healthy Cleveland (R 257-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270

Neighborhood Development Division
Establish office of Fair Housing & Consumer Affairs within Community Development
Department (O 1329-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278-R

Peddlers
Schachner, Israel — peddling (Ward 03) (O 255-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

286

March 2, 2011

The City Record

27

Permits
Hudson Relays, 2011 — April 23 — Case Western Reserve University (Ward 09) (O 261-11) . . . . . . . . . . . . . . . . . . . 271

Port Control Department
Exercise option to renew Contract No. 69009 with KS Associates, Inc. (O 246-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Public improvement contract for parking at CHIA (O 247-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267

Professional Services
Exercise option to renew Contract No. 69009 with KS Associates, Inc. (O 246-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Laffitte, Louise — agreement (O 253-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
Public Works — temporary & seasonal personnel for outsourcing Parks and Finance (O 250-11). . . . . . . . . . . . . . . 268

Public Improvements
Contract for parking at CHIA (O 247-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267

Public Works
Agreement with Murtis Taylor to use ten parking spaces at Alexander Hamilton Recreation
Center (O 248-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grant easement to AT&T at Earl B. Turner parking lot (O 249-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Professional services — temporary & seasonal personnel for outsourcing Parks and Finance
(O 250-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Property adoption agreement with One Market Square for park and mural maintenance (O 254-11)

. . . . . . . . . . . . 267
. . . . . . . . . . . . 268
. . . . . . . . . . . . 268
. . . . . . . . . . . . 269

Recognition Resolutions
Cleveland Dietetic Association/National Nutrition Month 2011 (R 286-11) . . . . . . . . . . . .
Girl Scout Week (R 289-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Greater Cleveland Aquarium (R 285-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Multiple Sclerosis (MS) Education & Awareness Month (R 287-11) . . . . . . . . . .
National Teen Dating Violence Awareness and Prevention Month (R 290-11) . . . . . . . . .
On Leong Chinese Merchants Assn. (Chinese Lunar New Year Celebration) (R 291-11)
Sliwa, Theodore E. (R 288-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Resolutions of Support
FY 2011 Restore PBS Funding (R 258-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
Healthy Cleveland (R 257-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270

Resolutions- Miscellaneous
FY 2011 Restore PBS Funding (R 258-11) . . . . . . . . . . . . . . . . .
Healthy Cleveland (R 257-11). . . . . . . . . . . . . . . . . . . . . . . . . . . .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . .
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11)

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271
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271

Safety Department
Amend Sect. 670.14 — Armed Security Guards (O 188-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Extend Contract No. 64776 with ACS State & Local Solutions, Inc — additional services for
traffic photo enforcement (O 251-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268

Senate Bills
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

Ward 01
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
National Teen Dating Violence Awareness and Prevention Month — recognition (R 290-11). . . . . . . . . . . . . . . . . . . 264
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272

Ward 02
Dove Ave., 10808 (1st fl.) — withdraw objection to renewal — repeal Res. 1092-10 — liquor
permit (R 265-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
Public Works — Grant easement to AT&T at Earl B. Turner parking lot (O 249-11) . . . . . . . . . . . . . . . . . . . . . . . . . . 268

287

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March 2, 2011

Ward 03
Cleveland Dietetic Association/National Nutrition Month 2011 — recognition (R 286-11) . . . . .
FY 2011 Restore PBS Funding (R 258-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Greater Cleveland Aquarium — recognition (R 285-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Healthy Cleveland (R 257-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lakeside Ave., 3877 — transfer of ownership application — liquor permit (F 268-11) . . . . . . . .
National Multiple Sclerosis (MS) Education & Awareness Month — recognition (R 287-11) . . .
Schachner, Israel — peddling (O 255-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
W. 25th St., 1889 — transfer of ownership and location application — liquor permit (F 269-11)

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264
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270
264
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271
264

Ward 04
McNear, Willa L. — condolence (R 273-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264

Ward 05
Girl Scout Week — recognition (R 289-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . . . . . . . . . . .
Woodland Ave., 6206 — withdraw objection to transfer of Liquor License — repeal Res.
liquor permit (R 264-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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. . . . . . . . . . . . . . . . . . . . . . 271
95-11 —
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Ward 06
FY 2011 Restore PBS Funding (R 258-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Multiple Sclerosis (MS) Education & Awareness Month — recognition (R 287-11) .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . . . . . . . . . . . . . .

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271
264
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271

Ward 07
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

Ward 08
FY 2011 Restore PBS Funding (R 258-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On Leong Chinese Merchants Assn. (Chinese Lunar New Year Celebration) — recognition
(R 291-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Ward 09
Capital Projects — Acquire easement from University Hospital for sidewalks for Medical
Center Cancer Hospital (O 242-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Healthy Cleveland (R 257-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hudson Relays, 2011 — permit — April 23 — Case Western Reserve University (O 261-11) .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . . . . . . . . . . . . . .
St. Clair Ave., 11008 & 11016 — PPN 110-01-002 / 003 — Land Reutilization Program —
David Ali (O 256-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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271

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Ward 10
Amend Sect. 8 of Ord. No. 1273-09 — Rehab. of Cedar Ave. (East 21st. St. to East 55th St.)
(O 244-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266

Ward 11
Goodard, Dick — 80th Birthday — congratulations (R 284-11) . .
Kemerer, Jr., Wendell D. (Jerry) — condolence (R 292-11) . . . . .
Madison, Clyde A. — condolence (R 276-11). . . . . . . . . . . . . . . . . . .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . .
Tranchito, Sarah — condolence (R 277-11) . . . . . . . . . . . . . . . . . . .
Waterloo Rd., 15222 — objection to issuance — liquor permit (R

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263-11)

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264
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272

Ward 12
Costanzo, Joseph A. — condolence (R 271-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
Kane, Daniel J. — condolence (R 274-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

288

March 2, 2011

The City Record

29

Ward 13
Economic Development — contract — Brookpark Industrial Properties, LLC,
4600 Brookpark Rd. (O 252-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . . . . . . . .
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . .

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

Ward 14
FY 2011 Restore PBS Funding (R 258-11) . . . . . . . . . . . . . . . . . . . . . . . . . .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . .
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . .
West 25th St., 3259 — objection to issuance — liquor permit (R 262-11) .

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271
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272

Ward 15
Costanzo, Joseph A. — condolence (R 271-11) . . . . . . . . . . . . . .
Healthy Cleveland (R 257-11). . . . . . . . . . . . . . . . . . . . . . . . . . . .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . .
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11)

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264
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264

Ward 16
Costanzo, Joseph A. — condolence (R 271-11) . . . . . . . . . . . . . .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . .
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11)
Pelikan, Irene A. — condolence (R 270-11) . . . . . . . . . . . . . . . .

Ward 17
Costanzo, Joseph A. — condolence (R 271-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
Oppose Senate Bill 5 (Collective Bargaining Bill) (R 259-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

Ward 18
Clark, Richard — congratulations (R 278-11) . . . . . . . . . . . . . . . . . . . . . . .
Coburn, Chris — congratulations (R 282-11) . . . . . . . . . . . . . . . . . . . . . . . .
Costanzo, Joseph A. — condolence (R 271-11) . . . . . . . . . . . . . . . . . . . . . . .
Coyne, Richard F. — congratulations (R 279-11) . . . . . . . . . . . . . . . . . . . .
Flannery, Sr. Mary Ann — congratulations (R 281-11) . . . . . . . . . . . . . . .
Gaughan, Judge Patricia Ann — congratulations (R 280-11) . . . . . . . . .
Healthy Cleveland (R 257-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Johnson, Mamie Sue — condolence (R 272-11). . . . . . . . . . . . . . . . . . . . . . .
Northcoast Behavioral Healthcare facility (R 260-11). . . . . . . . . . . . . . . .
Pelikan, Irene A. — condolence (R 270-11) . . . . . . . . . . . . . . . . . . . . . . . . .
Puritas Ave., 14606 — objection to issuance — liquor permit (R 266-11)
Sliwa, Theodore E. — recognition (R 288-11) . . . . . . . . . . . . . . . . . . . . . . .

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272

Ward 19
Aerni, Jr., William W. — condolence (R 275-11) . . . . . .
Costanzo, Joseph A. — condolence (R 271-11) . . . . . . . .
Friedman, Dylan P. — congratulations (R 283-11) . . . .
Northcoast Behavioral Healthcare facility (R 260-11).

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Zoning
Enact Sect. 347.17 — relating to satellite dishes (O 675-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278-R

289