Loading...
HomeMy WebLinkAbout03-12-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, MARCH 12, 2012 7 : 00 P.M. 1 . INVOCATION - REV. SYLVESTER WILLIAMS 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS A. COUNCIL COMMUNITY AWARDS B. 12-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING PATRICK MICHAEL WITH A "2012 SOUTH BEND CITIZEN YOUTH AWARD" 12-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING MRS. AARON BLIGHT, PRESIDENT OF HEARTLAND SMALL ANIMAL RESCUE (HSAR) WITH A "2012 SOUTH BEND CITIZEN AWARD" 12-20 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING MARTIN' S WITH A "2012 SOUTH BEND BUSINESS OF THE MONTH AWARD" 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 03-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 04-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $208, 735 . 00 FROM THE NONREVERTING LOSS RECOVERY FUND (NO. 227) IN 2012 FOR IMPROVEMENTS AT BELLEVILLE AND HOWARD PARKS 05-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5, 200. 00 FROM THE GIFT, DONATION AND BEQUEST FUND (NO. 217) IN 2012 FOR THE DESIGN, PRODUCTION AND INSTALLATION OF WAYFINDING BICYCLE SIGNS 8 . BILLS, THIRD READING TIME: BILL NO. 03-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 04-12 THIRD READING ON A BILL OF THE " COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $208, 735 . 00 FROM THE NONREVERTING LOSS RECOVERY FUND (NO. 227) IN 2012 FOR IMPROVEMENTS AT BELLEVILLE AND HOWARD PARKS 05-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5, 200 . 00 FROM THE GIFT, DONATION AND BEQUEST FUND (NO. 217) IN 2012 FOR THE DESIGN, PRODUCTION AND INSTALLATION OF WAYFINDING BICYCLE SIGNS 9. RESOLUTIONS BILL NO. 12-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1434 GARLAND CIRCLE 10. BILLS, FIRST READING BILL NO. 06-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, SECTION 21-06. 03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL ROOF EAVES PROVISIONS 07-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE KEOGAN "HOBBIT" HOUSE AND LOCATED AT 1922 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA 08-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, DOUGLAS ROAD LAND PARTNERS SOUTH, LP, 17201 DOUGLAS ROAD 09-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW PROVISIONS ADDRESSING GENDER IDENTITY AND SEXUAL ORIENTATION 11 . UNFINISHED BUSINESS 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. &�� March 6, 2 012 South Bend Common Council 727 W. Jefferson Blvd. South Bend, IN 46601 Attention: Common Council Members RE: UNITED DRIVE VACATION REQUEST TO CONTINUE BILL NO. 03-12 Dear Common Council Members: 1 am submitting this letter to respectfully request that the Common Council continue Bill No. ©3- 12 until the meeting of March 26t'. Thank you in advance for your help in this matter. Sinc rel Mikel D. Currier, PLS HA2011 ProjectW1201 1-51 001United Dr Vacation\Common Council letter to continue 3-06-12.doc CHAR JOHN. Moriid� WIDE 1 ■ L i A.. ,,F" �.5'""' Fd'k. rx. ARCHrrECTURE GIS CIVIL ENGINEERING LANDSCAPE ARCHITECTURE ENVIRONMENTAL PLANNING RENEWABLE ENERGY LAND SURVEYING 03, s C) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $208,735.00 FROM THE NONREVERTING LOSS RECOVERY FUND (NO. 227) IN 2012 FOR IMPROVEMENTS AT BELLEVILLE AND HOWARD PARKS STATEMENT OF PURPOSE AND INTENT On December 8, 2008, the City of South Bend established the Nonreverting Loss Recovery Fund No. 227 to receive payments from third parties arising from damage to City tangible and intangible property (Ordinance No. 9890-08). On November 8, 2011, the City of South Bend received a check from McLarens Young International, Inc. in the amount of$208,735.00 for insurance reimbursement for fire damage at the "Friendship Station"playground complex at Bellville Park. The check was deposited into Fund 227. The playground was built with donations from the Rotary Club of South Bend several years ago. The South Bend Parks and Recreation Department estimates the cost to replace the playground equipment at approximately$150,000.00. The new equipment will be metal and will be designed for ages 2-12. The complex will include climbers, slides,jumping features and other fun amenities for the children. The balance of the $208,735.00 in insurance proceeds received will be used for improvements at Howard Park in partnership with the Rotary Club of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The sum of$208,735.00 is hereby appropriated in the fiscal year 2012 and ordered set apart from and within the Nonreverting Loss Recovery Fund No. 227 for improvements at Belleville and Howard Parks. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Cou it r City Clerk Council aca,,GJ Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. 0v rjR$� 120ONCouNTY-OTYBUILDJNG �.. i �\ i PHONE 574/235-9216 227 W rEFFERscN BlvD. ArE FAx 574/235-9928 SourH BEND,INDIANA 46601-1830 " 1865 CITY OF SOufH BEND PETE 13UTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE February 21, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 0' Floor South Bend, Indiana 46601 RE: Ordinance of the Common Council - $208,735.00 Appropriation from Fund 227 Dear President Dieter, Attached please find a bill to appropriate $208,735.00 from the Nonreverting Loss Recovery Fund 227 for improvements at Belleville and Howard parks. The funding for this proposed expenditure comes from receipt of a third party payment from McLarens Young International, Inc. for a fire loss at the "Friendship Station"playground complex at Belleville Park in November, 2011. No City tax revenue is being used. Parks and Recreation Director Phil St. Clair and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on February 27, 2012 with 2 d reading,public hearing and 3rd reading scheduled for March 12, 2012. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. Regards, Mark W. Neal City Controller °° CC: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff r<; _• ,, Kathryn Roos, Deputy Chief of Staff Phil St. Clair, Director, Parks & Recreation ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,200.00 FROM THE GIFT, DONATION AND BEQUEST FUND (NO. 217) IN 2012 FOR THE DESIGN, PRODUCTION AND INSTALLATION OF WAYFINDING BICYCLE SIGNS STATEMENT OF PURPOSE AND INTENT In 2009, the City of South Bend established the Gift, Donation and Bequest Fund 217 for the receipt and disbursement of donated monies. In December, 2011,the City received donations of$2,500.00 from The Georgina Joshi Foundation, Inc. (DBA Bike the Bend) and $2,500.00 from the Bike Michiana Coalition. In February, 2012,the City received a donation from Grass Roots Media in the amount of$200.00. A total of$5,200.00 has been deposited into Fund 217 for the design, production and installation of wayfinding bicycle signs for the 2012 cycling season. The purpose of this ordinance is to provide funding for the reimbursement of the City of South Bend's Traffic and Lighting Department for the costs of these new signs. The expenditure of$5,200.00 supports the City of South Bend's initiatives to promote bicycle riding and safety. The City of South Bend has been recognized as a Bicycle Friendly Community by the League of American Bicyclists. South Bend was one of only 190 communities in the United States to be awarded Bicycle Friendly Community status, receiving this designation in 2010 for its "remarkable commitment to bicycling." During the process of developing City Plan in 2006, the city's 20-year comprehensive plan, citizens identified the encouragement of bicycling as an alternate form of transportation as a key priority. As a result, the City of South Bend has developed a long-term plan for a 93-mile bicycle network, aggressively added new bicycle routes, and is completing work to finish the river walk system from Logan Street to Darden Road. As of January 2012, approximately 59.9 miles of bicycle routes have been established within the City. This network consists of multipurpose paths separated from streets (13.8 miles), striped bike lanes (16.4 miles), and other designated on-street routes (29.7 miles). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I: The sum of$5,200.00 is hereby appropriated in the fiscal year 2012 and ordered set apart from and within the Gift, Donation and Bequest Fund No. 217 for the design, production and installation of wayfinding bicycle signs for the 2012 cycling season. 120ON CouNTY C)TY EuLD NG w \\ PHoNE 574/235-9216 227 W jITFF S0N Brun, \r$�CE FAX 574/235-9928 SotrrHBr:Nn,IrrDrANe46601-1830 '�clr� r 1865 CITY OF Sou'nT BEND PETE UU1"iww,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE February 21, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 0' Floor South Bend, Indiana 46601 RE: Ordinance of the Common Council - $5,200.00 Appropriation from Fund 217 Dear President Dieter, Attached please find a bill to appropriate $5,200.00 from the Gift, Donation, and Bequest Fund 217 for the design, production and installation of wayfinding bicycle signs for the 2012 cycling season. The funding for this proposed expenditure comes from donations received by the City of South Bend from Bike the Bend, the Bike Michiana Coalition and Grass Roots Media. No City tax revenue is being used. Chris Dressel and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be fled for I"reading on February 27, 2012 with 2nd reading, public hearing and 3rd reading scheduled for March 12, 2012. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7500. Regards, Mark W. Neal City Controller cc: Pete Buttigieg Mayor ' krs Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff FEE DD 2 2 Z U Christopher Dressel, CED Planner F 1141 Area Board of Zoning Appeals—February 1, 2012 LASHON GURROLA The petition of LaShon Gurrola seeking a Special Exception to allow an adult foster care/assisted living home in a "SF 1"district, on property located at 1434 Garland Circle, Portage Township. Zoned "SF 1". MS. LASHON GURROLA: Good afternoon, LaShon Gurrola, 1434 Garland Circle, South Bend, Indiana. I am here today seeking a Special Exception special use to continue to operate an adult foster care home. Back at the end of`09 or early 20 10 1 started the process to become a foster care provider. The State came out and did their evaluations. I took the necessary required courses, being CPR certified, first aid and so forth and I started with Indiana Mentor as a foster care provider. Back in September of 2011 I received notice from Code Enforcement that I needed a Special Use to be able to be a foster care provider for adults meaning seniors and disabled adults. So that is why I'm here. MR. URBANSKI: Okay. Did you not come before us before to ask us to make... MS. GURROLA: Yes. MR. URBANKI: To make a, or for a Special Exception to become...you came to us but then you opened one up... MS. GURROLA: No sir. I petitioned for a Special Use to operate a girls group home for up to 10 to 12 girls. No, I did not open up a home anyway. In 2010 I became a foster care provider. I did not open a group home. MR. URBANSKI: But you do have people living in the house now? MS. GURROLA: Two, yes sir. MR. URBANSKI: Okay but there's people living in there now? MS. GURROLA: Two foster care placements, yes. Currently two foster care placements, correct. MR. URBANSKI: Children or elderly? MS. GURROLA: One senior and one male 41 years old. MR. URBANSKI: Okay. MR. HAWLEY: The same property right? MS. GURROLA: Yes sir. 30 Area Board of Zoning Appeals—February 1, 2012 MR. URBANSKI: And it basically it still would have been a, how do I want to say this properly, in either case it was, you would have had others living in there and you got turned down as a girls group home but then you opened up as a foster...? MS. GURROLA: No, well that petition was in 2009, and after the situation like here coming to the hearing, I later dropped the petition. In 2010 1 became a foster care provider, yes. In 2010. With the idea thinking that what defines family related individuals or people related by marriage or people individuals placed by a licensed placing agency into a home that is to be considered one family. So I had no knowledge of needing a Special Use petition or a Special Use exception until September, 2011 when I received a letter from Code Enforcement. MR. URBANSKI: Okay you said you pulled that petition? I don't remember how we sent it... MR. FEDDER: We sent it with a denial to the, unfavorable recommendation. I might just ask, in your original petition it made reference to Pedro, Veronica and yourself? MS. GURROLA: No, no. MR. FEDDER: Are they out of the picture now? MS. GURROLA: This petition has my name and my name only. MR. FEDDER: So the other people have nothing to do with this? MS. GURROLA: Just myself sir. I'm here petitioning on behalf of myself. MR. FEDDER: Thank you. MS. GURROLA: Okay. MR. PHIPPS: Although you started the process to be approved for a group home, you then say you were unaware of the need of getting approval to operate...? MS. GURROLA: Apparently maybe there were some complaints from neighbors because I received a letter, a gentleman from Code Enforcement knocked on my side door, I went to the door, he proceeded to hand me a letter in an unsealed envelope and the letter stated that I was in violation of Code Enforcement by operating an illegal boarding house. I immediately called the gentleman's name that was on the paper, which was Mr. Haygood at Code Enforcement, and then later the next week I met with Mr. Lyons and Mr. BuIot at the Building Department and at that time I had a representative from Indiana Mentor with me which oversee the foster care program. So the three of us met and after that meeting I was really informed that I was meeting the definition of family because this was a foster care. About two, three weeks letter I got an email stating 31 t Area Board of Zoning Appeals—February 1, 2012 that no I was out of compliance and I needed to go forth with either ceasing to operate the foster care program or to apply for Special Use exception. MR. PHIPPS: But before you took any patients in for assisted living care you did not inquire of anybody with the City if you needed any approval for that? MS. GURROLA: I don't have patients sir, it's a foster care. I consider them family members and my understanding was with foster care you need a license from the State, which I have, and whatever agency is the placing agency that you're meeting the requirements. I did not check with any State official for foster care, no I did not. MR. URBANSKI: And they did not say anything to you about it? MS. GURROLA: They, who sir? MR. URBANSKI: They the State or whatever agency the foster care members that they put in your home? MS. GURROLA: No they did not. Like I said I only became aware through a letter from Code Enforcement. And that was September, 2011, September 19th. They knocked on the door, I opened the door, he handed the letter and walked away. But I was sighting Sec. 21-11 of the City defining family if people are placed under a licensed placing agency, how would I not think that they would be considered family? This is a foster care program. MR. URBANSKI: But they're not, and I think it says blood, does it not Chuck? MS. GURROLA: For foster care., no sir... MR. URBANSKI: I don't know the exact ma'am so that's why I'm asking Chuck. MS. GURROLA: Okay. I have it if you need it. MR. BULOT: Family, one or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit exclusive of household servants or a number or persons but not exceeding two persons who are not related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit shall be deemed, constitute a family. A person or persons residing with a family as here and above defined by reasons of placement by public licensed agency shall be considered as members of that family. MR, URBANSKI: Mr. Fedder how would you rule that? I mean how are we set...? MR. FEDDER: Well I don't know if I can just give you an off the cuff opinion. It seems to me as we're mixing up exactly what was there before and what we're trying to do now that's why I required from the first 32 Area Board of Zoning Appeals—February 1, 2012 application it was other people. In this application just Mrs. Gurrola. I have not heard any information to me as to who's living there. Are these people really blood relatives or are they friends. How did they get in there? Do they apply or are recommended by an agency to reside in that facility? What happens if one of those people move out? Are they replaced? I just think there's a lot of information that's not available as we're talking here other than the fact that two people are living in this house with the petitioner. Apparently not blood related and I don't know if they are referred there by a governmental agency. All I know is she's indicated she's been licensed by a governmental agency. I have not seen any documentation to that affect. So I would just have some questions as to exactly what the facts are in this case and exactly what we being asked to do. Again, what every we decide the ultimate decision is with Common Council, so I would think that if we don't have this information available to us certainly it ought to be made available to the Council. At this point in time I don't how they're there, who they are, why they're there or under what circumstances and whether or not they're being assisted by State or Federal agency for finances. Whether or not they pay for services rendered to them. Whether they have vehicles at that facility. Whether they receive medical attention. In other words whether or not a doctor visits them or who provides medical and physical care for them including food and shelter, So all I seem to know at this time is that we have a lady that has two people living with her but the circumstances of how, when and why are certainly clear to me at this time. MS. GURROLA: Can I answer any of that sir? MR. FEDDER: Yes. MS. GURROLA: There are representatives here from Indiana Mentor that will be happy to explain the program. They're the ones who placed the individuals in my home and my care. And again it's not a facility it is a home and I have whatever license here you may want to view. The certificate from Indiana Mentor as well as the State of Indiana to be a foster care provider. MR. FEDDER: I would think you would want to put those into the record then. MS. GURROLA: Well I'll do whatever I need to do sir. Thank you for reminding me. I also would like to reference other similar petitions. At 1126 Victory Ave. for the same type of situation as well as 1823 S. St. Joseph Street and these petitions were of the same nature, special use to allow for assisted living or some type of an adult care facility. What I'm asking, so it's clear to you sir for understanding is, I'm asking for permission to continue the adult foster care program with the Special Use Exception because they are not blood related. And if the City is not recognizing the foster care program as a family then, therefore, I need the Special Use Exception. The who, the why, the where, how they got placed, Carrie Pentigodis from Indiana Mentor can answer that question. But I would also like to state for the record, since these individuals have been at the home there has not been any traffic concerns, any parking issues. I may have had the police out twice. One was to help me register our vehicle, that does not belong, that is a family car. I wasn't able to get to the BMV so the police came out for $30.00 to make sure the VIN number was correct. And another time for a well being check. I've had no negative encounters with CPS, Child Protective Service or APS, Adult Protective Service because at times people make random calls about my home and these people show 33 Area Board of Zoning Appeals—February 1, 2012 up and there's been no negative findings ever. So at this time if it's alright I would like Carrie to come up to explain the Adult Foster program. MR. VELLEMAN: I do have a couple of questions, ma'am. So currently you're living at the facility... MS. GORROLA: It's a home, yes I am. MR. VELEMAN: You're living in the home with two other people not related to you? MS. GORROLA: They're two individuals placed there through this foster care program, yes sir. MR. VELLEMAN: How many total people would you have there? I mean is two the maximum you're ever going to have or are you planning on having more? MS. GORROLA: Well when the State came out, when they come out they do an inspection of the whole house, they take safety into consideration. They the exits into consideration as well as the type of the foster members. So when the State came out they deemed me qualified for five. I didn't put a number on my petition. 1, and again,just did some references checking back, a nurse did the same thing she, at this hearing they put a cap at four or if it's over five then Building has to get involved. There are smoke detectors, fire extinguishers, the State of Indiana came in to do all these safety checks. MR. VELLEMAN: Okay. I'm just trying to, I understand when someone says foster to me I think of six year old kids that need a family for there to stay. I know people who have had 12 foster kids at one time versus 5 adult foster people that may have other people coming... to me a foster child is someone that's not going to have parents come visit them or anything like that where as an adult foster care they may have people that aren't capable of caring for them but still want to see them so you. So you have a visitation thing going on versus where you have 12 kids there's no one coming to see them all the time. I'm trying to clarify the difference in my mind. You're not going to have children there? MS. GURROLA: No foster care children. MR. VELLEMAN: Right. MS. GURROLA: As far as visitors, they may be some visitors. It's no different than a family on the block or around the corner with six, seven kids...and they have a nanny and a housekeeper and then those vehicles and then their own two, mom and dad's car. It's no more traffic than that. It's the same type of situation. Go to the grocery store, go to the doctor, you go out to eat, it's the same type of situation. MR. VELLEMAN: I understand and as these are reading just a couple of the letters, multiple sclerosis you're taking in people, these foster people are ones that may require more assistance than just someone, I not being capable of doing anything for someone could care for... MS. GURROLA: I'm not sure what letter you're referring to. Maybe it's, you're asking me if... 34 Area Board of Zoning Appeals—February 1, 2012 MR. VELLEMAN: Do have special needs people in your care or that live with you in your foster home? MS. GURROLA: I don't know how you're defining special needs but if you're asking of a specific health situation or diagnosis, for their privacy I won't say exactly what it is but... MR. VELLEMAN: Sure. MS. GURROLA: One individual has some needs but again that's no different then if my elderly neighbor slipped and fell and broke his hip or her hip and they may need some help at home, rehab may come in, the doctor may order six weeks of physical therapy at home. So I'm not seeing that I'm having anymore traffic or anymore in and out than anybody else. MS. VELLEMAN: I think you clarified that. Thank you I appreciate your... MR. URBANSKI: One other clarification. So you take care of them 24/7 or you have people that work for you, employed by you? MS. GURROLA: No sir. This is not a business. Indiana Mentor oversees this program. And they may advertise or have a web site where their different locations of homes but I do not. I do not employ people. I do not have quote, unquote, staff that are paid by me to do anything. MR. URBANSKI: Okay so therefore you take care of them yourself 2417? MS. GURROLA: You know some things they're able to do themselves. This is not a situation where they're needing 24/7 hands on care. I'm a nurse. I am employed. I work full time. What Indiana Mentor does is insure that I have trained respite people that are part of my family. They may live there or they may not. In this case they do not. That if I need to go get my hair done or I'm going to work, that they're CPRed and they're trained for first aid to just, if that situation should arise. MR, HAWLEY: I have a question. Are there age factors, I need to be educated on this because I'm real... MS. GURROLA: On adult foster care? You need to be educated on adult foster care? MR. HAWLEY: Yeah. Is there an age factor? I mean to qualify for this do you have to be 18 years old, 20 years old, or what determines adult foster person qualifies? MS. GURROLA: Well maybe I can have Carrie come up at that point. MR. HAWLEY: And then my other question would be, do you actually have like a contract with them to provide this service? MS. GURROLA: With the individual or with Indiana Mentor? 35 Area Board of Zoning Appeals —February 1, 2012 MR. HAWELY: With both. MS. GURROLA: I have no contract with any individuals. I am a mentor which is a foster care provider through Indiana Mentor. They're the only people I have a contract or have the relationship as far as anything on paper, The individuals residing in the home there is no verbal, written legal contract. MR. HAWLEY: Do you get paid then a certain amount of money for...? MS. GURROLA: The individuals, excuse me, the individuals pay room & board but that fee goes to Indiana Mentor not to myself. MR. URBANSKI: But then to they send money to you? MS. GURROLA: They who sir, Indiana Mentor? MR. URBANSKI: They, the Indiana Mentor program? MS. GURROLA: Um,um. There is.., MR. URBANSKI: The way you get the money to help you to take care of these... MS. GURROLA: They reimburse for certain expenses like travel, go to the doctor, utilities. They give a reimbursement but there is no pay... MR. URBANSKI: There is per diem. So in other words they do give you a X amount dollars per day for room and board... MS. GURROLA: That's how they set their reimbursement up, yes. MR. URBANSKI: Yes Chuck. MR. BULOT: Yeah I just want to clarify something. The use of the definition of family. Because of the nature of the information that we received, a lot of times we're not the final line of expertise in this area. So we forwarded all of the information we had to legal in order to get a determination... MR. URBANSKI: That's the City of South Bend? MR. BULOT: City of South Bend. MR, URBANSKI: I just said that to clarify. 36 Area Board of Zoning Appeals —February 1, 2012 MR. BULOT: And the response we got back was based on the information'that they received, which was our file on this, was that they did not meet the definition of family as defined in the ordinance. MR. URBANSKI: And that's from the City of South Bend Legal Department? MR. BULOT: That's correct. MS. GURROLA: So that's why I'm seeking the Special Use because my initial thought was that it was a foster family. And when I found out it wasn't I immediately contacted ... MR. CRUMLISH: I have a question. Go you have other relatives other than yourself, do you have children, husband or family of your own also that reside in the home? MS. GURROLA: I have two daughters and I have to tell you since it was brought up about a previous petition, shortly there after that last hearing where I was petitioning for the girls group home about a month or so later I got a anonymous, Child Protective Services received an anonymous call that I was operating an illegal child care facility. And my girls were out riding their bike and pulling weeds, I don't know what precipitated that call but it was an unfounded call so at that time I made a decision to put girls in private schools elsewhere— MR, URBANSKI: How old are your daughters? MS. GURROLA: 24, 18, and 13, And I would like to state for the record the 24 old really, the last petition had her name on it, Veronica and there was some issues or questions about the homeowners ability to maintain the property. She was deployed about, to Afghanistan, about two months after closing. The house was originally purchased for her. She married a local gentleman from South Bend area. That came out of the blue but I have the military paperwork and everything. And I didn't really harp on that or bring it up at the last hearing because I didn't expect all the hoopla about the property and of course she didn't show up for court, she was in Afghanistan. Was she suppose to leave there and come to a hearing about a roof? I also today brought the property inspection. This was purchased as a foreclosure. We had it inspected December, 2006, It was in horrible, horrible condition. Not even livable condition but that was okay. We knew we would put the time and the work into it. When people come in these hearings and say that these homeowners let this property fall by the wayside, that's incorrect. I have a report saying "this is how it was". Did it take some time to get livable enough for Code, sure but where was Code Enforcement when the bank foreclosed it. Were they getting tickets and notices about the roof and window? I don't think so. Just little tid bits of history that I would like this Board to know when they're considering this recommendation. MR. URBANSKI: So at the present time for the record, at the present time, you and your two foster people are the only ones residing in the house? MS. GURROLA: Oh there's a family member. Myself, so a total of four people. 37 Area Board of Zoning Appeals —February 1, 2012 MR. URBANSKI: Earlier when I asked you that question you said... MS, GURROLA: I may have misunderstood you sir, I thought you asked about the children but you know they won't be seen... MR. URBANSKI: So have you and another family member? MS. GURROLA: Correct. MR. URBANSKI: Plus two foster? MS. GURROLA: Correct. A total of four people in a home that has six plus bedrooms and five bathrooms. Over 4,000 square feet. MR. URBANSKI: Is the house then still in your daughter's name who is in the service? I don't if she's still in or was in the service or is it in your name? MS. GURROLA: She's still serving her country and because of all the issues that had occurred from the previous petition. The house is solely in my name. I am the sole petitioner and that way it didn't cause her any harm with her military career because when you get tickets and fines and all kinds of things that can really hurt you when you're trying to elevate your self up in the military. So she is not on the title deed, it's just strictly myself. I tape of the mortgage, I pay the taxes and everything's current and the property has been deemed by the State as safe. I've not had any issues with Code Enforcement so... MR. URBANSKI: Is one of your daughters there back with you? You said you're there with another family member. MS. GURROLA: Correct. It's not my daughter sir. I have one in the military, I have two in private school. MR. PHIPPS: Can we hear from the other lady? MR. URBANSKI: Yes. I'm sorry. MS. CARRIE PANDERTITIST: I work for Indiana Mentor. We're a state wide company that provide services for folks with developmental disabilities and group homes in supportive living but we also do children foster care and newly adult foster care throughout the state of Indiana. MR. FEDDER: Now do you have a local address? MS. PANDERTITIST: Yes we do. It's 522 W. McKinley in Mishawaka, And our local staff is out of that office and couldn't be here today and I'm out of our Merriville office. But I oversee the recruitment for homeowners. We subcontract with homeowners for adult foster care. They're not employee's of ours. Ms. Gurrola did through advertisement seek out and she did come to me with her interest in doing adult foster 38 Area Board of Zoning Appeals—February 1, 2012 MR. URBANSKI: And it could have been yes one is. We didn't have to know what it was. But several of these answers, in my opinion okay, are kind of cutting a line, a hair. MS. GURROLA: No I think I'm being pretty straight forward. MR. URBANSKI: I don't. That's just me personally. MR. PHIPPS: Indiana Mentor is not a state government agency? It's a private business that places clients in homes. Ms. Gurrola works for you... MS. PANDERTITIST: She is a subcontractor, not an employee? MR. PHIPPS: She's subcontracted by you to take care of people. Right now you've placed two people in her home. Her home has been approved by the State as acceptable for this use and it's approved for up to three people? MS. PANDERTITIST: Up to four people. But yes we have two there now and we stopped as soon as we heard about the zoning issue we did not place any more folks there until the outcome of this Special Use exception. MR. PHIPPS: If the zoning problems are taken care of and the City approves this as a Special Use, you could place up to four people there right now? MS. PANDERTITIST: Four. MR. PHIPPS: But if the City would limit it to fewer than that then you would of course abide by that? MS. PANDERTITIST: Absolutely. MR. VELLEMAN: How many other homes like this, this doesn't have to do with this hearing, how more homes like this do you have in the area? MS. PANDERTITIST: We have one in South Bend, one other in South Bend. MR. VELLEMAN: Do you know if they have their ,Special Exception for this? MS. PANDERTITIST: I know that they do not. MS. NAYDER: Can I make my comments before we open it up for the general...? MR. URBANSKI: Yes. 40 Area Board of Zoning Appeals—February 1, 2012 MR. URBANSKI: Okay just as this is being passed down, we do have six letters, I would have to say long letters, in opposition to. We have one from Jeremy and Stacy Noetzel, a Robin Lerhman, Lisa Lerhman, Van and Jean Gates, Ann Riordan and Don Wisniewski, and the last one against is Ami Zeiger, So we have six in opposition to. MR. STEPHEN STUDER: I'm an attorney with the firm of Kreig Devault with office 4101 Edison Lakes Parkway, Mishawaka, Indiana. I'm here this afternoon representing neighbors who live on the cul-de-sac in the immediate vicinity including Mr. and Mrs. Gates, Mr. and Mrs. Diltz, Mr. and Mrs. Bycraft, Mrs. Skillern, Mr. & Mrs. Wisniewski, Ms. Lerhman, Ms. Laverty, and Mr. and Mrs. Hillman. We object to the proposed use here for the same reason that this very Board rejected unanimously the petition of 2009. This is the wrong location and in more particular this is the wrong person to be running this business. During her ownership of this single family home the petitioner has repeatedly misrepresented herself and is continuing to violate or has continued to violate City ordinances. For example in the 2009 petition the petitioner stated to the Board that she had filed paperwork with the State of Indiana for a group home. In fact she did not. This Board unanimously rejected her bid to open a group home and prior to being heard by the City Council she withdrew that application. She also acknowledged at that time making numerous improvements to the home of over $100,000 despite the fact there were no building permits. When the petitioner was turned down in 2009 how did they respond? In April of last year they opened up an assisted living care and until they were ,sited by the City Code Enforcement, which you have a copy of, they did not apply for a Special Use permit. Now we've heard testimony that they didn't know they required one, etc. And even if we get over that issue now it appears that the petitioner has brought two businesses before this Board. When she bought it in 2006 she testified in 2009 that she bought it as a vacation home, today she says she bought it for her daughter. It sat vacant from 2006 to 2009 until they filed the petition to be a group home. During that time in 2007, 2008, there were code violations sited by the City of South Bend. It's interesting to note that even the staff can't figure whether this is a group home, a group residence or an assisted living care facility. But what we do know is that contrary to her representations today we do not believe Ms. Gurrola lives at this home. I provided to you a filing with a Mississippi State, Secretary of State office which indicates that Ms. Gurrola shows her home, as recent as this last year, as being 835 East Ave., Oak Park, Illinois. She opened up a business in Mississippi known as Comfort Companion Choice Inc. She also has a filing in the State of Illinois Secretary of State Office called Comfort Companion Choice Inc. which has an address of 818 Harrison Street, in Oak Park, Illinois and then that application she also indicated her home with 835 S. East Ave., in Oak Park. I've also provided you with a copy of the filing, the Secretary of State office in the State of Illinois. And it shows the president of that company is LaShon Gurrola at 835 S. East Ave., Oak Park, Illinois. The concern we have, among others obviously, is that Ms. Gurrola represents herself as residing at this home in in fact she showed another filing with the Secretary of State office in Mississippi and in Illinois that a primary residence is in Illinois. We also have according to public records that she has a home in Plainfield, Illinois on which she has a homestead exemption which would indicate that that would be her primary home in Illinois not the Oak Park home. The petitioner also states that she is gainfully employed. She says that in her petition. And yet she's suppose to be the primary caregiver. I don't know how you can be gainfully employed outside the home and be the primary caregiver, It does not make sense to us. These homes are close together. There's been issues with this home the way it's been maintained since 2006. There's a reason this Board denied unanimously the petition with an unfavorable recommendation last time 42 Area Board of Zoning Appeals —February 1, 2012 to the City Council. We do not believe that this petitioner meets the requirements of meeting the community moral standards, the general welfare and we do not believe that since the petitioner has a history of operating similar businesses throughout the country, and we also understand that there's been property in Arizona as well but we couldn't verify that, but we do know that with the information you have today she runs businesses out of Illinois, Mississippi, and now Indiana. And the Hope House is an indication that she filed a LLC to run a business at the Garland address, which you also have a copy of. A similar organization was dissolved administratively by the Secretary of State office in Illinois. We're very concerned about this petitioner not, she gives a lot of different answers but when you look at behind the paperwork you find that she is all over the board with this. And I think the information we provided in the record today indicates that she does not reside at this home. She cannot be the primary caregiver and for that reason we would ask that this Board unanimously send an unfavorable recommendation to the City Council. MS. JILL HILLMAN: I live at 1404 Ridgedale Road. We own the property that is five city lots and our back yard line is across the street from Mrs. Gurrola's house and actually that whole Garland Circle used to be part of our family's property before those homes were built, I think that Garland Circle was built in the first place to be single family residences and it just alarms everyone to think that there might be anything else in those homes and I don't think we want to see any precedent set that variance would be allowed for any reason. That's all, I'll keep it short. MR. WARREN DILTZ: I live at 1454 Garland Circle. That's three houses east of the house we're talking about but I grew up in the house directly west of there. I watched them build that house in my teens. I've known every, I've been in the house with every owner since then. I've met every owner, shaken hands, been at parties in and out of there, it's always been wonderful and cared for. I promise you if you went there now, if you drove down that street you could pick out what house we're talking about without even looking at the addresses. We're not helping the neighborhood here. We already have an assisted living home on York Road two blocks to the north and of course we have Ridgedale Nursing Home right up the street on Ridgedale a block away and up the hill, We really, I've lived there since 1968 in this neighborhood. When I got married and moved away I never left South Bend. Always been paying the taxes here, moved back to three doors away. We want it to be a residential area. We're not looking for a business to come in. We don't understand how you can pass something or anybody could pass anything and then it's okay in the future, we don't know if this becomes five people residence or six or whatever. How does that get controlled? Something like that isn't very well stated in any business like this. We'd like to keep this a residential area. This is one of the nicest neighborhoods in South Bend. We're all trying to build up and keep a good city here. We just that maybe we will get to see it that way. They us to speak, we have 8, 9, 10... MR. HAWLEY: Ask them to stand up please. ABOUT TEN TO TWELVE PEOPLE STOOD AT THIS TIME MR. DILTZ: All residents in the neighborhood but some of them not quite willing to speak as much as I am. 43 Area Board of Zoning Appeals —February 1, 2012 MR. URBANSKI: Is there anyone else wishing to speak? Since there is no one else, LaShon would you like to respond to the ones that spoke in opposition? REBUTTAL: MS. GURROLA: Yes I would. Sir, I don't know that there's any law against owning properties, owning businesses, my neighbors own businesses. They own homes in Florida and go vacation and go here and go there but all this spotlight seems to be on me. I didn't misrepresent myself. I have the same business registration as the attorney here and is registered with this address in this state. I have my Indiana nursing license with the address that I am stating of 1434 and if I need to submit this to be officially on record, then I will do so. MR. URBANSKI: It's choice ma'am. MS. GURROLA: Yes I will. I have a drivers,license and I also have as I stated, yes I work, I work as a nurse. Because I work does not mean I cannot be a foster provider. Here I have the last two years of back and forth, go to work, come home, go to work, come home, toll so I'm spending an awful lot of money to get some place that I don't live would be the thing. I really resent having to go through, I appreciate the Boards time, I did however look at the transcripts from the other people petitioning for Special Use for this same type of thing and they're no where near, no where near the same and this is before even people are speaking in opposition. I know where I live. I know where I lay my head down. These people over here, when I had to send these letters out I was sending some addresses to Chicago. Obviously they own more than one property too. So where's the crime in that. Comfort Companion Choice is not a foster. It is not a group home. It is providing, which is registered here in Indiana with an office location here in Indiana. It is offering services to seniors in their home for four hours a day. Where an employee goes. What is the crime in that? That is totally different from what I am seeking today. And I really don't see the relevance. As I stated in my letter, I ask the Board to please consider relevant information. Anybody can go digging for dirt. Okay the last time because other people were involved and maybe was getting hurt, I dropped the petition. That's not the case this time, That won't be the case this time. So however that I'm looking for a favorable recommendation, if it's no, if it's unfavorable, I'm still planning to be at City Council either way. So if this is what it is and this is what I have to put in record to prove what I'm saying then that's what I'll do, but I do note that other people seeking the same thing didn't seem to have to go through all these interrogation type. MR. FEDDER: I just have one question. What is the Hope House Organization, LLC that the gentleman put into the record? MS. GURROLA: When I petitioned for the group home that was set up as corporation. MR. FEDDER: Is there a reason you didn't apply in the LLC as opposed to your name or was that just a choice you decided? 44 Area Board of Zoning Appeals—February 1, 2012 MS. GURROLA: To my knowledge the Hope House organization has been dissolved in Indiana. I mean to my knowledge and if it's not I'm not aware. There are no employees ... MR. FEDDER: Well it just shows here that there was something filed in 2010 and 2011 that makes reference to the president of this organization that somebody called Eric Hines. MS. GURROLA: Okay and at that time when I petitioned for the girls group home there was an entire board of people on that and Eric Hines was one of them. MR. FEDDER: You're saying that's been dissolved and this doesn't exist anymore? MS. GURROLA: I'm not looking at what you have sir. I think... MR. FEDDER: It's the articles that you filed... MR. URBANSKI: Do you have an extra copy of that sir that you can show her sir? One of the questions too according to this the Indiana business at, the report was filed both in 2010 and 2011. MS. GURROLA: For Hope House? For...? MR. URBANSKI: Yes for Hope House Organization, LLC, 1434 Garland Circle. MR. FEDDER: That's what makes this so confusing is we just don't know exactly who we're talking to and exactly what the facts are which is causing us some concern. MS. GURROLA: This petition is with one person. The previous petition was with a group, Hope House Organization. There is no confusing in the two. This petition doesn't have Hope House Organization. MR. URBANSKI: There is confusion with me ma'am because of the fact that we have that the years filed was 2010 and 2011 which is after you were here the last time. So if we got this come through the Indiana Secretary of State office, actually it was 4/l/l 1 at 10:32 in the morning. The years 2010 and 2011 had been filed as this business being operated at 1434 Garland Circle... MS. GURROLA: No sir that business is not being operated at 1434 Garland Circle. MR. URBANSKI: Okay what I'm seeing, I should rip up? MS. GURROLA: I mean please do. The foster care program has nothing to do with Hope House Organization, nothing at all. This gentleman is telling you I'm running a business in Mississippi, so I'm a lot of places. MR. URBANSKI: Are you running a business in Mississippi? 45 Area Board of Zoning Appeals—February 1, 2012 MR. URBANSKI: So both these letters are from... MR. VELLEMAN: The same family. MR. URBANSKI: The same family? MR. VELLEMAN: It's look like mother and father, Mark and Kathy Wieczorek and then his sister Beth Bird. They both wrote letters for him. MR. HAWLEY: Oh I see. Well that clarifies it for me. Mark is staying there? MS. GURROLA: Mark is there through the foster care program. MR. HAWLEY. Thank you. MR. PHIPPS: Ms. Gurrola you mentioned that you are fully employed as a nurse. Can you tell us where you work or who your employer is? MS. GURROLA: I mostly work for myself. With this Comfort Companion Choice as a nurse I go out and in the field to check on clients to insure that they're getting their services. I also on staff four shifts a month at Elmhurst Memorial Hospital. I do four shifts a month. MR. PHIPPS: Thank you. MR. URBANSKI: Now when you say shift, is that four days or four twelve hour shifts or is that four week shifts? MS. GURROLA: That is four days a month and it's an eight hour shift. MR. URBANSKI: So you're working full time thirty two hours a month? MS. GURROLA: I was explaining my shifts at the hospital. He asked me where I was employed. I told him I work for myself and I work four shifts a month at the hospital. MR. URBANSKI: I understand that. Okay, any other questions from the Board or staff? MR, FEDDER: Nothing other than I suggest that LaShon put a lot of this stuff into the record especially if she's going to go in front of the Council so that maybe some of these questions may be answered ahead of time. MR. URBANSKI: Understanding, number one, that's your choice to do, which I mentioned to you before. If you do it fine. It's kept for our records. If not that's your prerogative, okay. Understand this Board is 47 Area Board of Zoning Appeals--February 1, 2012 making a recommendation to the City of South Bend Common Council. We can make a recommendation that we recommend it, that we disapprove of it, or we send no recommendation at all. Okay. The City as I mentioned to another group that was here before, the City of South Bend Common Council makes the final decision as your attorney well knows. Okay. Do we have a motion? MR. PHIPPS: Mr. Chairman, I am generally supportive of these petitions to allow people who need some extra care to live in residential areas if the people who reside there are able to care for them. I don't think that necessarily imposes any difficulties or hardships on the neighborhood. I think it's an accommodation we need to make for people that need this care. So generally I would say I support this but I think there is still enough questions as to whether or not this is really the situation here that I don't think that I could in good conscience give'it a favorable recommendation, so I move that we send it to the City Council with no recommendation. MR. URBANSKI: We have a motion on the floor send it to the City of South Bend Common Council with no recommendation. MR. HAWLEY: I'll second that motion. MR. URBANSKI: We have a motion and a second on the floor. Call for the vote please. MRS. HENRY: Mr. Velleman? MR, VELLEMAN: Yes. MRS. HENRY: Mr, Crumlish? MR. CRUMLISH: Yes. MRS. HENRY: Mr. Young? MR, YOUNG: Yes. MRS. HENRY: Mr. Hawley? MR. HAWLEY: Yes. MRS, HENRY: Mr. Phipps? MR. PHIPPS: Yes. MRS. HENRY: Mr. Urbanski? 48 Area Board of Zoning Appeals—February 1, 2012 MR. URBANSKI: Yes. This will be forwarded on to the City of South Bend Common Council with No Recommendation. After hearing the evidence on the petition,the Area Board of Zoning Appeals find that you did not satisfy the Standards as set forth in Y.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council of the City of South Bend with No Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the City of South Bend Common Council with No Recommendation and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION IS SENT TO THE CITY OF SOUTH BEND COMMON COUNCIL WITH NO RECOMMENDATION P AW RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1434 GARLAND CIRCLE WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1434 Garland Circle in order to permit an Adults Foster Care/Assisted Living Home in a"SF-I" Single and Two Family District, and allowable use under Section 21-02.01 of the City of South Bend Zoning Ordinance. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: I. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council e4. LLr G NOT APPROVM l Board Of Zoning Appeals City Of South Bend PETITION: Special Use Permit/Special Exception APPLICANT NAME: LaShon Gurrola ADDRESS: 1434 Garland Circle,South Bend, IN 46614 ADDRESS OF PROPERTY: 1434 Garland Circle,South Bend, IN 46614 PHONE:574-855-4914 PRESENT ZONING OF PROPERTY: "SF1" Single Family and Two Family District OWNER NAME: LaShon Gurrola ADDRESS: 1434 Garland Circle,South Bend, IN 46614 COUNSEL:N/A ADDRESS: N/A NATURE OF APPEAL: Special Exception request:Approval of a Special Exception as allowed under section 21-02.01 of the City of South Bend Zoning ordinance to allow for an assisted living home.This would allow the petitioner to have foster care family members,who are not related by blood or marriage, reside in the home along with her. Petitioner resides at the property and would be the primary caregiver to these members.The petitioner holds certification to foster, has had the property approved and inspected by State officials,and has taken all the required training. Part of this qualification included a background check. There isn't nor has there ever been a criminal history/background on the petitioner.This would be a one family unit which is consistent with the intended use of the property.There will be no hired staff at the home. During petitioner absence for work, school,or whatever may come up, another adult family member(related by blood or marriage) residing in the home,which has also met the State of Indiana's requirements to be a foster respite provider, will assume responsibility. Petitioner ask the Board Members to agree that approval of the request for Special Use Exception to allow for the aforementioned would not be injurious to the public health, safety, comfort, community moral standards,general welfare or adversely affect the use of the adjacent property values. Given that this petition proposes to maintain a family environment,this is very much consistent with the character of the district and is consistent with proper use of the property/land for which it is zoned. This residential setting would be compatible with the recommendations of the City of South Bend Comprehensive Plan in that it allows for housing choice to individuals, and the requested use of the property does not significantly increase traffic or noise in the residential area.The property would not require any alterations outside that would take away from the characteristics of the neighborhood. Petitioner would like it stated for record that she is gainfully employed as a Registered Nurse. Petitioner has a willingness and desire to support the foster care program and does not need such a program to maintain her home, lifestyle or income.And as such,petitioner contributes to society as well as any other member of the surrounding neighborhood. Petitioner states there are no valid concerns over parking,traffic patterns or the like.The home has ample space as noted in the sq.footage;there are no potential overcrowding issues.Petitioner requests that the board make a favorable recommendation for this petition and entertain/consider only relevant issue pertaining to this matter. Issues that are proven as fact vs. half-truths,gossip,and insinuations Petitioner thanks the Board for its time and consideration. I attest under the penalties for perjury,that the foregoing representations are true. LaShon Gurrola Signature of property Owner /f �° f CIRCLE 502 RS - `----�--- s/s ��1� „'�v'��.•f- d�{x �l•� }.�t[. YA +.i..hyi•.� . - .;�'i-•fY �• .Y.: 'y,s• E~ ,'r _S-r '„t” �:�;�..Yr.4y .%:.nT.� '.`+�h�e.` :t+..t..-.y' �S ..f•Y r.)..F,,x.', _ ,'.1f. .:'sv�``�: '.l:.rr':fe:.+. .• r.It :�,: �Sri �� , 81 1 B' � ; .�.•Y`;�' Z Iro ' [ b cop x / rn PETITION SITE x C-4 X PARCEL "A" " may, / 0.58 AC± tiG X ? �� Lu ' x � ADDRESS.CARLAND CIRCLE x SOUTH BEND, INUANA 4661 LOT 7 1 x p: X m --- N 90°00'00" E S d cels Caunty Parcels MAI MAILINGAD LIN MAILIN PROP_ADD PRO PROP_ Rec PARCELID NAME—1 MAILINGCIT PROP CITY' P—ST D CST GZIP R ATE ZIP A 018-7213- DILTZ 1454 Garland 1454 117847 KATHLEEN Circle South Bend IN 46614 GARLAND South Bend IN 1 46614 LEWALLEN PHILLIP& 018-7175- CHRISTINE 229 N 3214 YORK 26246 M Michigan St Argos IN 46501 RD South Bend IN 46614 NOETZEL 018-7213- JEREMY A& 1448 Garland 1448 37848 STACEY L Cr South Send IN 46614 GARLAND South Bend IN 46614 HINDSLEY WILLIAM E 1343 018-7171- &PATRICE 1343 Garland GARLAND 41604201 A Rd South Bend JJN 46614 RD South Send IN 46614 FICKETT 3111 3111 018-7201- JASON S& CAROLINE CAROLINE 57343 LAURA M ST South Bend 466 14 ST South Bend IN 46614 018-7171- DILTZ 3102 York 3102 YORK 66054 HELEN M. Rd South Bend IN 46614 ROAD South Bend IN 46614 3119 018-7201- MAEZ 3119 CAROLINE 7 7344 ANDREW Caroline St South Bend IN 46614 ST South Bend IN 46614 018-7213- GURROLA 1434 Garland 1434 8 7850 LASHON Cr South Bend IN 46614 GARLAND South Bend IN 46614 HILLMAN 1404 018-7171- JAMES W& 1404 RIDGEDALE 9'6051 JILL F IRidgedale Rd South Bend IN 1 46614 ROAD South Bend IN 46614 018-7175- BLISKO 2909 W Fitch 3215 YORK 10 624601 MICHAEL Ave Chicago 11- 60645 RD South Bend IN 46614 NOLAN WILLIAM A 018-7171- 111& 1326 Garland 1326 11 6056 JENNIFER L Rd South Bend IN 46614 GARLAND South Bend IN 46614 WISNIEWSK I DONALD S 018-7171- &RIORDAN 1340 Garland 1340 12 6055 ANNE F Rd South Bend IN 46614 GARLAND South Bend IN 46614 SKILLERN SCOTT D 018-7213- AND JOYCE 1442 Garland 1442 13.7849 M Ct South Bend IN 46614 GARLAND South Bend IN 46614 LAVERTY 018-7171- ANNE 3025 York 3025 YORK 146043 MARIE Road South Bend IN 46614 ROAD South Bend IN 46614 NAGY ERNEST J AND 018-7171- BEULAH PO BOX 156044 JANE 1124 Elkhart IN 46515 3019 YORK South Bend IN 46614 HILLMAN VACANT 018-7171- JAMES W& 1404 LOT 172 16'6052 JILL F Ridgedale Rd South Bend IN 46614 YORK RD South Bend IN 46614 018-7171- 3013 York 3013 YORK 176047 ZEIGER AMI Rd South Bend IN 46614 ROAD South Send IN 46614 HILLMAN 018-7213- JAMES W& 1404 1404 18 7844 JILL F Ridgedale Rd South Bend IN 46614 RIDGEDALE South Bend IN 46614 SCHMUHL 018-7213- ROBERT P 1441 Garland 1441 197846 &JUDITH R Cir South Bend IN 46614 GARLAND South Bend IN 46614 018-7213- GATES VAN 1449 Garland 1449 20 7846 E. Cir South Bend IN 46614 GARLAND South Bend IN 46614 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAx: (574) 235-5541 February 2, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 2/1/12 Dear Council Members: The above referenced petition of LaShon Gurrola was legally advertised on January 20, 2012. The Area Board of Zoning Appeals gave it a public hearing on February 1, 2012, at which time the following action was taken: Upon a motion by Mr, Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow an adult foster care/assisted living home in a "SF Y'district, on property located at 1434 Garland Circle, is sent to the Common Council with No Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, 0 eCharles C. Bulot, C.B.O. Building Commissioner CCB/cah GURROLA SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT 13E INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive_ 'Therefore, the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: 3_ THE PROPOSER USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENS7VE PLAN BECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Send Common Council with a_ NO RECOMMENDATION ADOPTED this 1 ST Day of FEBRUARY, 2011. YES NCO 0 MICHAEL UR13ANSKI ABSENT RANDALL MATTHYS ® JACK YOUNG Q GERALD PHIPPS ROBERT HAWLEY 0 JOE VELLEMAN BRENDAN CRUMLJSH Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL ROOF EAVES PROVISIONS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect in May 2004. A subsequent amendment in 2011 established the Northeast Neighborhood Development Area Overlay Zoning District. In studying possible designs of new single family residential construction is has been determined that the existing standards for roof eaves need to be changed so that certain types of houses can fit on narrow lots found within the Northeast Neighborhood Development Area. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Development Overlay,Zoning District is hereby amended as follows: (d) Single Family and Two-Family Residential (2) Single Family and Two-Family Residential Roof Shapes (C) Eaves shall have a " maximum overhang of three feet (Y). Section 11. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Co it Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2012, at o'clock .—m. City Clerk Approved and signed by me on the day of 2012, at o'clock M. Mayor of the City of South Bend, Indiana f' Fled in 1 1- PrAD!<NG F MAR 7 zo iz PUIUC HE-AIRING 2 rd READIN!G JOHN ........ cTry^I 1!77 APPROVED.- REFUMED PASSED JOHN W. BYO RNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR FARLEA PLAN COMMISSION OF ST. jOSEPH COUNTY, IN 227 W.JEFFERSON BLVD_ ROOM 1 140 COUNTY CITY BLDG_ SOUTH BEND,INDIANA 46601 (574)23S-9S71 March 7, 2012 Derek D. Dieter, President South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend the Zoning Ordinance to Make a Change to the NNDA Overlay District Dear Mr. Dieter: Attached is a proposed ordinance initiated by the Area Plan Commission. The purpose of this ordinance is to make a minor change in the requirement for the size of eaves for new single-family construction. Please place this proposed ordinance on the March 12, 2012 Common Council agenda for first reading. The Area Plan Commission will hold its public hearing on March 20, 2012. If you have any questions, please fell free to contact me. Sincerely, 1�• ohn W. Byo SERVING--ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND - www,scjoseph caunsyindlana.carp/Areap Ian ORDINANCE NO, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE KEOGAN "HOBBIT"HOUSE AND LOCATED AT 1922 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The building located at 1922 Portage Avenue (the "Property"), in the City of South Bend, Indiana, is known as the Keogan "Hobbit" House, in part by its association with George Keogan, famed Notre Dame coach and in part due to the structure's unique design and construction. The owner of the Property has petitioned the Historic Preservation Commission of South Bend and St. Joseph County (the "Commission") to have the Property designated as a Historic Landmark pursuant to South Bend City Ordinance No. 5565-73, as amended. The Property is located within the proposed Woodlawn-Kessler Historic District, in the northwest section of South Bend. The home was built in 1928 and is recognized in the Indiana Historic Sites and Structures Inventory of South Bend with a rating of "Notable" meaning that the property is above average and that further research may reveal that the Property is eligible for National Register listing. The staff of the Commission has prepared a report and recommendation for the Commission. The Commission has reviewed the request and the Consent of the owner and has heard and discussed the recommendation of the staff for the designation of the Property as a Historic Landmark. Based on the HPC's Local Landmarks Criteria as adopted by the Common Council, the site at 1922 Portage Avenue has been recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas. 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. The building fulfills criteria #1 as an excellent example of an unusual blend of architectural elements from the English Arts and Craft movement and the Tudor Revival style interpreted in the American Craftsman/Bungalow style. The house is rated "Notable" in the 2005 Survey as an English Cottage built in 1928 and is unique in South Bend. It was constructed by the local General Contractor, R. L. Culp, and all of its materials and appointments were originally from local vendors and merchants. 2. Its suitability for preservation. The building fulfills criteria #2 by the integrity of its original construction with only minor alterations. Alterations are limited to the addition of terraces flanking the modified entry and the removal or enclosure of the south bay window. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria #3 by its association with George E. and Ruby J. Keogan and Aaron Huguenard. George Keogan was named Notre Dame's basketball and baseball coach and assistant football coach in 1923. In 20 seasons as the basketball coach, he won 327 games, the second most in Irish History, a .771 winning percentage. He never had a losing ,season at Notre Dame. He was succeeded by his protege, Edward "Moose" Krause, after his death at age 53. Mrs. Keogan inherited the house and later married Aaron Huguenard in 1950. Mr. Huguenard was the Secretary of the South Bend Tribune and the former President of the Indiana Bar Association. He was active in civic, legal, social, political and business circles. In 1951, he founded the United Fund of St. Joseph County, in 1952, St. Joseph County Hospital Development, Inc. He was appointed in 1955 as a Charter member of the University of Notre Dame Law School Advisory Council. The Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council. Following the public hearing, the Commission has given its favorable recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. 5565- 73, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. Designation. The structure and real property known as the Keogan "Hobbit"House and located at 1922 Portage Avenue, in the City of South Bend, Indiana, shall be and hereby is designated and established as a Historic Landmark pursuant to Ordinance No. 5565-73, as amended. That such designated and established Historic Landmark is more particularly described as: Lots Twenty (20) and Twenty-one (21) of the Woodlawn First Addition to the City of South Bend, St. Joseph County, Indiana. Tax Key No. 18-2169-6228 and 18-2169-6231 Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor according to law. l. A j J Member of the Common Coun I ATTEST: ,p, N:.• :A:1 t iI. .� .tiu�� City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2012, at o'clock m. City Clerk Approved and signed by me on the day of , 2012, at o'clock m. Mayor of the City of South Bend, Indiana 3 rd PFADING NOT APPtZO'VfP REFERRED PASSED PROPOSED LOCAL LANDMARK 1922 PORTAGE AVENUE SOUTH BEND, INDIANA►. HIS'T'ORIC PRESERVATION COMMISSION OF SOUTH FEND AND ST.JOSEPH COUNTY DECEMBER 2411 Red h PEAR i 1922 Portage Avenue Based on the HPC's Local Landmarks Criteria as adopted by the Common Council, the site at 1922 Portage Avenue can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas: 1. Its embodiment of elements of architectural design,detail,materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria#I as an excellent example of an unusual blend of architectural elements from the English Arts and Craft movement and the Tudor Revival style interpreted in the American Craftsman/Bungalow style. The house is rated Notable in the 2005 Survey as an English Cottage built in 1928 and is unique in South Bend. It was constructed by the local General Contractor R. L. Culp and all of its materials and appointments were originally from local vendors and merchants. The building fulfills criteria#2 by the integrity of its original construction with only minor alterations. Alterations are limited to the addition of terraces flanking the modified entry and the removal or enclosure of the south bay window. The building fulfills criteria#3 by its association with George E. and Ruby J. Keogan and Aaron Huguenard. George Keogan was named Notre Dames basketball and baseball coach and assistant football coach in 1923. In 20 seasons as the basket ball coach he won 327 games,the second most in Irish History, a.771 winning percentage. He never had a losing season at Notre Dame. He was succeeded by his protege, Edward"Moose" Krause after his death at age 53. Mrs. Keogan inherited the house and later married Aaron Huguenard in 1950. Mr. Huguenard was the Secretary of the South Bend Tribune and the former President of the Indiana Bar Association. He was active in civic, legal, social,political and business circles: in 1951 he founded the United Fund of St. Joseph County, in 1952 St. Joseph County Hospital Development,.Inc. He was appointed in 1955 as a Charter member of the University of Notre Dame Law School Advisory Council. J01iMsm ST BROOKFIELD S COLLEGE ST AAW ST F WILM ST FP STOCKER .� v rt woo AVE { *+ co d�oc'S tv &HERSRAR BT F"1 t N fD A � r � y x i- " � G1 D'v d n R �i,• ry '• C• N - n' a ti uroa ° p � Ca f0 N 0-1 ,�v � ro r" � p � ro H � 't'' �� m �, y_ w .P ° m w co r� O ip OO V Q< tii iA W N O O i0 V tp t7 W �A n oznnn � n nnz nnnnn zn nn IN+ d O o N N #- W N N � Q q Q {N� 00 r�Pj N m �A. q a1 N C� �R• OHO rp. �' a� D O 4 O 6' 4 6 �Ca s x f p p p O � 0 C��' � A '�• p� O � � � x a �y��y yi �iP x gl =i?. �' W Vi n � L'7 rte.. N ^' �• � �' gyp, ONO V D' V Ak 1 OHO znn znz nznnn nzn n zz n LN n w W Oo N ,Sa N OWo LA Y P tl O H ai tv Gn n fir . re do pj W pp n t3 R n N uhf a a � N N N N N N tJ N N N N iJ N N R.T N N N �+ O tiD O0 ,�pp,, •� W w w N N N N N tWii N IW+ p �•� Rh 5 �• r onn � n � z znnnnnnnnn n nnn � p W Y W W W r W �pW W W W r W 1--' w W w �•+ t+ }-w y.. µ A 4 rR. OR o 00 Do ao N N Po Q C q� N O N GW1 4 O b VQ^ W p p a o a p o a a a o a o o x w p �° c 67' VO H a �( n 5 n o rn a `�'� „'.^ Ot QQ s 'r ass f , Al s HISTORIC LANDMARK OWNER CONSENT FORM I, the undersigned property owner, hereby grant the Historic Preservation Commission of South Bend. and St. Joseph County the permission to have the building located at 1922 Portage South Bend, Indiana 46616 Declared an architectural landmark under ordinance. i do also approve of the classification of this building under Group B Standards. Sin e f Property Ow er South Bend and St. Joseph County „►SSroN oU rs �o� ER HISTORIC PRESERVATION COMMISSIOIoT 227 WEST JEFFERSON BLVD. FRACM. SOUTH BEND, IN 46601-1830 Phone:574-235-9798 Fax: 574-235-9578 oe con 1865 x e-mail:SBSJCHPC@co.st-joseph.in.us Timothy S.Klusczinski,President A Certified Local Govermnent Catherine D.Hostetler,Director 5 March 2012 South Bend Common Council 455 County City Building 227 West Jefferson South Bend, IN 46601-1830 Dear Members of the Council, Please find the attached Ordinance which has been prepared for introduction to the Common Council. The purposed of this Ordinance is to establish the property located at 1922 Portage Avenue, South Bend, Indiana as an historic Landmark. The described real estate is referenced as Tax Key Number 018 2169 6228. At its public hearing on 27 February 2012 the Historic Preservation Commission recommended designation of this property to the Common Council. A copy of the Staffs review and recommendation regarding this property is also enclosed. Sincerely, Catherine D. Hostetler, Director COMMISSIONERS Jerry A.Niezgodski(Vice President) Lynn Patrick (Secretary) Sandra L.Rossow Kevin Buccellato,R.A.. David Steinhauer, Michael Vol] Alice McLane Architectural Historian AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4 Douglas Road Land Partners South, LP 17210 Douglas Road South Bend, IN 46635 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and for the zoning of±0.8 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the.following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89016'18" EAST ALONG THE NORTH LINE OF SAID SECTION 32, 140.70 FEET; THENCE SOUTH 00 012'28" WEST, 45.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89016'18" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD PARTNERS MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00°29'43" EAST ALONG SAID WEST LINE OF SAID MINOR, 175.00 FEET; THENCE SOUTH 89116'18" WEST ALONG THE NORTHERLY LINE OF LOT 3 IN SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF LAND RECORDED IN DEED RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE NORTH 00°12'28" EAST ALONG SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.75 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF-WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION 111. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same herby is amended in order that the zoning classification of the following described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as Community Business District; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. I MEMBER OF THE COMMON C UNCIL Attest: T4 < ei'i9'+� City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2C L_, at o'clock . M. City Clerk Approved and signed by me on the day of , 20 , at o'clock .m. Mayor, City of South Bend, In�dk=j-. T Filed in ierk'.s O ic- 3:r REAYNG PUBLIC F£r`,RING 3 rd READING r�7- 7 1.is# ! NOT APPRZVED REFERRED PASSED a C ITY C '41-'.. : 11) The anticipated "build-out" year for the project: 2012 12) The proposed number of lots: Not Agplicable 13) The proposed miles of new roadways: None 14) The following information has been submitted with the Petition: 1. A legal description of the property; titled as Exhibit A; 2. A list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. Seventeen (17) site plans; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The signature(s) of all property owner(s), or Attorney for all property owners(s) Printed: Jarnes W. Laskowski,Secr a D u Ias Roa=LanOVners So uth, L.P. Signed: Addr : 227 South Main Street, Suite 300 South Bend IN 46601 Phone Number: 1574) 234-2073_ 16) Name, Address, and Phone Number of Contact Person/Preparer (please print): Bradley E. Mosness, PE Paul A. Phair, VP Development of Abonmarche Consultants, Inc. Holladay Properties 750 Lincoln Way East 227 South Main Street, Suite 300 South Bend, IN 46601 South Bend, IN 46601 (574) 232-8700 (574) 217-4498 .%1i kted to Clerk:' 04 Fri A -7 Z 0 i OTY CLERK, 3 EXHIBIT A LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89016'18" EAST ALONG THE NORTH LINE OF SAID SECTION 32, 140.70 FEET; THENCE SOUTH 00°12'28" WEST, 45.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°16'18" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD PARTNERS MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00 029'43" EAST ALONG SAID WEST LINE OF SAID MINOR, 175.00 FEET; THENCE SOUTH 89'16'18" WEST ALONG THE NORTHERLY LINE OF LOT 3 IN SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF LAND RECORDED IN DEED RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE NORTH 00 012`28" EAST ALONG SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.75 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF- WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. 1 6n Cle'rk's 'bl. hA Rl — 7 2012 se F:\Projects\2012 Projects\12-0124 DOUGLAS RD AN &Rezoning\Legal Description for Annex z K � - one.docx . cz� U ; � cv O Ix 2� IL z z z z z _z z - - - - z z z z z z z C U L i a s oo m m IL co Lij a y � r 4 w �° pp� ff q 9 3 F N y IL o m a x a cq 0 C11 o' 4 O w w o o IL N Z A z z x z z z z z z z z z � y m ca v w c c c v v v v m m m 3 tq in rn v°1 g Q as n 5 Epp .c° Vo fq in G U1 fll U1 f%J f/J L U p g O 9 ¢ co Cc d Y c w o - y 47 w w co � co y m Ch 4- �y W W N O r I; 5 W� J y 0.y Uz N y UJ !Y ...1 m a m ¢ WX w w w a ¢ z D w o a o a o LU z .. 3 pp a a pp W IL Er drd aa a G Q d CL It cc Ir (L LLJ g z LL �' o o Z<' a CD mui n o v 0 4 a n � ¢ w w °5w n a n a. R-u Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING VARIOUS SECTIONS OF ARTICLE 9,OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW PROVISIONS ADDRESSING GENDER IDENTITY AND SEXUAL ORIENTATION STATEMENT OF PURPOSE AND INTENT As Mayor Pete Buttigieg noted in his swearing-in speech on January 1, 2012, "In setting the vision for local government, it helps to recall why city government exists in the first place: to enable people to go about their lives and focus on what really matters. Leading a healthy, happy life is enough of a challenge without having to worry about basic services." Thus, it is in this spirit that the current South Bend Human Rights Ordinance should be amended to prohibit discrimination based on sexual orientation and gender identity, and to provide remedies for such discrimination occurring within the city limits. This legislative initiative is in accordance with the Resolution of the South Bend Human Rights Commission dated June 17, 2010; with former Mayor Stephen J. Luecke's Executive Order 1-2009; and with the South Bend Human Rights Commission Position Statement adopted on January 19,2005 and formally sent to the South Bend Common Council on March 10,2005. The proposed regulations are believed to be reasonable and necessary and in the best interests of the City of South Bend, Indiana. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, as follows: SECTION I. Chapter 2, Article 9 of the South Bend Municipal Code (Human Rights Ordinance) shall be and hereby is amended at Section 2-127 to read as follows: Sec. 2-127.Purpose. (a) It is the public policy of the City of South Bend to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of real property including,but not limited to,housing, and to eliminate segregation or separation based on race, religion, color, sex, disability, national origin.or ancestry, sexual orientation or gender identity, and familial status in housing, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property including but not limited to housing are hereby declared to be civil rights. Ordinance No. (b) The practice of denying these rights to properly qualified persons by reason of race, religion, color, sex, disability, national originLer ancestry, sexual orientation or gender identity, or familial status in the case of housing of such person is contrary to the principles of freedom and equal opportunity, and is contradictory to the objectives of the public policy of this City and shall be considered discriminatory practices. The promotion of equal opportunity without regard to race, religion, color, sex, disability, national origin,er ancestry, sexual orientation or gender identi or familial status in the case of housing,, through reasonable methods is the purpose of this Article. (c) It is also the public policy of this City to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders, builders and lending institutions from unfounded charges of discrimination. SECTION II. Chapter 2,Article 9, Section 2-127.1 of the South Bend Municipal Code shall be, and hereby is amended to read as follows: Sec. 2-I27.I.Prohibited Conduct. (a) No person shall discriminate against any other person in education, employment, access to public conveniences and accommodations based on race, color, sex, disability, national origin, ancestry, sexual orientation or gender identity. Nor shall any person deny any other person equal opportunity for education, employment, access to public conveniences and accommodations based on race, religion, color, sex, disability, national origin, ancestry, sexual orientation or gender identity. Such discrimination or denial of equal opportunity shall be an unlawful practice. (b) No person shall refuse to sell or to rent after the making of a bona fide offer; refuse to negotiate for the sale or rental or otherwise make unavailable or deny a dwelling; or otherwise discriminate against any person in the terms, conditions,privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, familial status, disability, er national origin, sexual orientation or gender identity. Conduct in violation of this section shall be an unlawful practice. (c) No person may coerce,intimidate,threaten or interfere with any other person: (1) In the exercise or enjoyment of any right granted or protected by this chapter; or (2) Because the person has exercised or enjoyed, or has aided or encouraged another person in the exercise or enjoyment of, any right granted or protected by this chapter. [P.L. 66- 1990, § 2.] (d) No person shall commit any other discriminatory practices as defined in any other section of this Article. (e) Protections in this Article against discriminatory practices with regard to sexual orientation or gender identity shall not Uply to decisions of an em to er which is a religious socie or 2 Ordinance No. order, association organization, institution or related enti1y when such protections affect the definition advancement of the missions Practice(s) or beliefs of such religious society or order, association organization, institution or related enti char ad with the implementation of such decision or decisions and no re uirement of this article shall corn el any person to act in a manner contrary to that which has been granted-specific rotection by the United States Supreme Court in Boy Scouts o America and Monmouth Council et al. v.Dale 530 U.S. 640(2000). The protections in this Article against discriminatory practices regarding sexual orientation or gender identity in employment shall not be construed to require that health care plans, insurance pension, or similar additional benefits provided by em to ers and benefiting the spouses of employees be extended to non-married domestic partners of any em to ee. (e) W This Article shall be construed broadly to effectuate its purpose. SECTION III. Chapter 2, Article 9, Section 2-128, (Deflnitions) subsections (i), (q), (w) and (x) of the South Bend Municipal Code hereby shall be, and hereby is amended to read as follows: (i) The term "discriminatory practice" shall mean the exclusion of a person by another person from equal opportunity or a system which excludes persons from equal opportunity in employment, education, public conveniences and accommodations because of race, religion, color, sex, disability, national origin, er ancestry, sexual orientation or gender identity A discriminatory practice also means the refusal to sell or rent after the making of a bona fide offer; the refusal to negotiate for the sale or rental or otherwise making unavailable or denying, or otherwise discriminating against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, familial status, disability, er national origin, sexual orientation or gender identity. A "discriminatory practice" shall also include the following: 1. Advertising for the sale or rental of a dwelling in a manner that indicates any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status,er national-origin, sexual orientation or gender identity; 2. Falsely representing that a dwelling is not available for inspection, sale, or rental based on race, color, religion, sex, disability, familial status, er national origin, sexual orientation or gender identity; 3. Coercion, intimidation, threats, or interference with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise of enjoyment of any right granted or protected by sections 2-128.1, 2-128.2, 2-128.3, 2-128.4 or 2-128.5 of this chapter; 3 Ordinance No. 4. Blockbusting based on representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status,or national origin, sexual orientation or gender identity; S. Discrimination because of race, color,religion, sex, disability, national origin, sexual orientation or gender identity, or familial status by persons or entities whose business includes engaging in residential real estate transactions in the making of a loan or the granting of financial assistance for residential real estate, in the selling, brokering or appraisal of residential real estate, or by the denial of access to or participation in a multiple-listing service or other real estate broker organization or services. Every discriminatory practice relating to the acquisition or sale of real property, education, public accommodations or employment shall be considered unlawful unless it is specifically exempted by this Article. (q) "Disabled" or"disability"means, with respect to a person: (1) A physical or mental impairment that substantially limits one (1) or more of the person's major life activities; (2) A record of having an impairment described in subdivision(1); or (3) Being regarded as having an impairment described in subdivision(1). The term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act(21 U.S.C. § 802). The tefm does not ineltide an (3) In the process of obtaining legal custody of an individual younger than eighteen (18)years of age. w "Gender identity" means an individual havin2 or being perceived as having a ender- related self-identity, self-image, appearance, ex ression or behavior different from those characteristics traditionally associated with the individual's assigned sex at birth. W "Sexual orientation" means an individual's actual or perceived identity, or-practice as a lesbian woman, gay man,bisexual person or heterosexual person. SECTION IV. Chapter 2, Article 9, Section 2-128.1 of the South Bend Municipal Code by shall be, and hereby is amended to read as follows: Sec. 2-128.1. Prohibited Notices, Statements, Advertisements, or Representations in Housing. (a) A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, 4 Ordinance No. familial status, or national origin, sexual orientation or gender identity or an intention to make such a preference,limitation, or discrimination. (b) A person may not represent to any person because of race, color, religion, sex, disability, familial status, er national origin, sexual orientation or gender identity that a dwelling is not available for inspection, for sale,or rental when the dwelling is so available. (c) A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, sex, disability, religion, familial status or national origin, sexual orientation or gender identit . SECTION Vi. The title only of Section 2-128.2, Chapter 2, Article 9 of the South Bend Municipal Code shall be,and hereby is amended to read as follows: See. 2-128.2.14andieapped.Disability Discrimination in Housing. SECTION VII. Subsections (f) and(i) of Chapter 2, Article 9, Section 2-131 of the South Bend Municipal Code shall be, and hereby are amended to read as follows: See.2-131. Powers and Duties of Commission. The Commission is empowered to and shall do the following: (f) issue such publications and such results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, disability, national origin�er ancestry, sexual orientation, or gender identity, or familial status in the case of housing. ................. (i) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena,but it shall consult with the Department of Law concerning the issuance of a subpoena. The Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subpoena power shall include but not be limited to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be held within the City of South Bend at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the circuit or superior court, or judge thereof, in the County in which the hearing is held or in which the witness resides or transacts business. 5 Ordinance No. (1) The Commission shall state its fording of fact after a hearing, and, if the Commission finds a person has engaged in an unlawful discriminatory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this article, including but not limited to the power to restore charging party's losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice. The Commission may require the posting of notice setting forth the public policy of Indiana concerning civil rights and the respondent's compliance with said policy in places of public accommodations; and it may require proof of compliance to be filed by the respondent at periodic intervals. (A) Except in housing cases which are separately treated in sub-part (C) of this section, the Commission may impose a penalty upon any respondent of one thousand five hundred dollars ($1,500.00) for the first and second violation of this article within a five-year period, and may further impose a penalty of two thousand five hundred dollars ($2,500.00) for three (3) or more violations of this article within a five-year period. (B) When applied to discrimination in employment, the Commission shall also have power, to the extent consistent with state law , to restore charging party's losses by awarding damages including wages, salary, commissions, fringe benefits in an amount not to exceed that lost over a two-year period. For discrimination in employment and housing, the Commission shall also have the power_ to-the extent consistent with state law, to award damages which will compensate charging party for future pecuniary loss, emotional pain, suffering, inconvenience, anguish, loss of enjoyment of life and other non-pecuniary losses, costs and attorney fees. (C) To vindicate the public interest in cases of housing discrimination, the Commission may assess a civil penalty of two thousand five hundred dollars ($2,500.00)for each commission of a discriminatory housing practice. (D) The Commission may sue to recover a civil penalty due under this section. [P.L. 66-1990, § 2.] (2) Judicial review of any decision of the Commission as referred to in this article may be obtained under IC 4-21.5-1 in the same manner as if the decision was that of a State agency. However, only in those cases involving discriminatory housing practices as prohibited by this Chapter, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have decided in a civil action those claims asserted in a finding of probable cause. Such election must be made not later than twenty (20)days after the date of receipt by the electing person of service under this chapter,and such person shall give written notice to the Commission and all other complainants and respondents to whom the finding of probable cause relates. Such civil action shall be filed 6 Ordinance No. in the circuit or superior court of St. Joseph County or any other court of proper jurisdiction, and if the court finds that a discriminatory housing practice has occurred or is about to occur,the court may grant any relief appropriate in a civil action under this Article or IC 22-9.5-8.1-2 or as authorized by the Civil Rights Act of 1991, or the federal Fair Housing Act. (3) In those cases involving discriminatory housing practices as prohibited by this Act where final adjudicative Commission action is in favor of the charging party, the charging party shall be permitted to have damages determined in the circuit of superior court of St. Joseph County or any other court of proper jurisdiction having the power to award punitive damages as allowed by the Fair Housing Act. Charging parties shall make such a request to the Commission in writing within five (5) days from the notice of final Commission action, which notice shall advise charging party of this right to damage determination, and the Commission shall represent charging party at the Commission's expense in such court action for damages. The Commission shall seek such a judicial determination of damages within one (1) year of the alleged discriminatory housing practice. If it is impracticable for the Commission to seek such a determination within one (1) year of the alleged discriminatory act, it shall notify charging parry and respondent in writing of its reasons for not doing so, and shall undertake such judicial determination as soon as practicable. I....I................... SECTION VIII, Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION IX. Any part, section, subsection, sentence, clause or phrase of Chapter 2, Article 9 of the South Bend Municipal Code (known as the Human Rights Ordinance ) not amended by this Ordinance shall remain in full force and effect, and shall be interpreted consistent with this Ordinance. SECTION X. This ordinance shall be in full force and effect from and after is passage by the Common Council,approval by the Mayor and legal publication. Vigifing of up,bill 10�orml �0 P'` t`=`w� Member, South Bend Common douncil �a eg�@q yg� .,e and o ®rtupl' 6�s� acs n'ti:7 �4�a8w��, 9' couricil action on this° , Member, South Bend Common Council 7 Ordinance No. Member, South Bend Common Council Member, South Bend Common Council Attest: John Voorde, City Clerk *Editor's Note: Underlined words are proposed new amendments and eressed eta weFds are proposed deletions. Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . m. Deputy Clerk Approved and signed by me on the day of 2012, at o'clock .m. Pete Buttigieg Mayor,City of South Bend, Indiana i s{- RE1-SDING 2-'l � PUBLIC HEARING MAR 3 rd READING ,ti07 APPRO.VF,1} h PASSED City of South Bend. vel Common Council A 1865 g 441 County-City Building 8 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.soutbbenAin.gov Derek D. Dieter President March 7, 2012 Oliver J. Davis Vice-president Members of the South Bend Common Council 4" Floor County City Building Karen L. White South Bend, 1N 46601 Chairperson, Committee of the Whole Re: Proposed Amendments to the South Bend Human Rights Ordinance Tim Scott Addressing Sexual Orientation and Gender Identity in the City of South First District Bend Henry Davis, Jr. Dear Council Members: Second District We are pleased to introduce for your consideration the attached 8-page amended Valerie Ordinance. This amended ordinance would replace the South Bend'Human Third District Rights Ordinance currently set forth in Chapter 2, Article 9, Sections 1-126 Fred Ferlic through 2-132.1 of the South Bend Municipal Code. Fourth District The issue; of discrimination on the basis of sexual orientation and gender identity David Varner has been a focus of public concern and debate in South Bend since January, Fifth District 2005, when the Human Rights Commission sent the following statement to the Oliver J. Davis Common Council: Sixth District "The South Bend Human Rights Commission is an agency of the City of Derek D. Dieter South Bend, Indiana, committed to fair and equal treatment of all human At Large beings. It is the responsibility and during of the Human Rights Commission to make sure that no human being is mistreated based on Gavin Ferlic status, without making value or moral judgments. At Large Gays, lesbians, bisexuals, and transgendered (GLB&T) persons have Karen L. White experienced mistreatment based on their GLB&T status. The South Bend At Large Human Rights Commission supports and encourages the South Bend Common Council to hear from the general public; to explore, investigate and to determine the degree to which GLB&T persons have been treated adversely within the City of South Bend due to their GLB&T status. The South Bend Human Rights Commission further encourages the South Bend Common Council, working cooperatively with the South Bend Human Rights Commission, to create an appropriate remedy." Yet, despite evidence that such discrimination was occurring, an attempt to amend the Human Rights Ordinance in 2006 failed. Human Rights Ordinance Cover Letter—page 2 March 7,2012 In 2009, former Mayor Stephen Luecke issued an Executive Order to ban discrimination based upon sexual orientation in city hiring. The Common Council went on to defeat a proposed amendment to ban employment discrimination based upon sexual orientation city-wide in 2010. It is now 2012, and members of the Human Rights Commission continue to state that they receive reports alleging discrimination on the basis of sexual orientation; however, the Commission has been unable to investigate these reports because they are not empowered to do SO. The Common Council can take action to allow the Human Rights Commission to address this discrimination, and it is the opinion of the sponsors of this amendment that the council should do so. Not only will this promote the fair treatment and equality that South Bend wishes to extend to all citizens, but it will also promote the type of climate that is essential in attracting innovative businesses to our community. We believe it is a matter of basic fairness to amend our city's Human Rights Ordinance to prohibit discrimination on the basis of sexual orientation and gender identity. Doing so will enable the Human Rights Commission to investigate allegations, determine if there is evidence of discrimination, mediate, and try to resolve the issue. Our Human Rights Commission is experienced at this process - we need only give them the power to investigate cases of sexual orientation or gender identity discrimination for them to do so. This issue has been the topic of extensive debate. The proposed legislation has been vetted. We believe the time has come for South Bend to join other progressive cities in Indiana and nationwide in protecting our GLBT citizens from discrimination. Sincerely, Valerie Schey Dr. Fred Ferlic 3rd District Council Member 4i1' District Council Member Tim Scott Gavin Ferlic 1st District Council Member Council Member at Large Attachments Penny Hughes 1918 Southernview Dr. South Bend, Indiana 46614 March 1, 2012 Dear Council Member Schey, I'm so glad I finally got to meet you at the swearing in ceremony. Thank you for your willingness to serve. The City of South Bend has a long history of opposing discrimination, and has enacted ordinances with the specific goal of eliminating discrimination since 1956. The Human Rights Commission of South Bend reflects the moral, religious and democratic sentiments of citizens of South Bend to completely abolish discrimination and segregation. Historically, before I was a member of the HRC, the Commission held retreats focused on the issue of discrimination on the basis of sexual orientation. Members of the commission were concerned about the fact that individuals who faced such discrimination had no recourse. After one retreat the members of the HRC voted to bring their concerns to the attention of the Common Council. In 2005 the HRC asked the Council to explore, investigate and determine the degree to which gay, lesbian, bisexual and transgendered persons (GLIB) have been treated adversely within the City and, if such discrimination existed, "to create an appropriate remedy." Bill 29-06, which would have prohibited discrimination on the basis of sexual orientation and gender identity in employment,housing, education, and public accommodations, was proposed but subsequently defeated. Since the defeat of Bill 29-06, the HRC has received a number of complaints of discrimination on the basis of sexual orientation that we have been unable to address. This is a concern that has been discussed at HRC meetings. We have not officially tracked the number of complaints because we are not empowered to investigate them. After attending a conference in Philadelphia with our Director I learned some 80%of Fortune 500 Companies already had in their company policies that they will not discriminate against gay people. We were told when they are looking to relocate they seek areas which are open and accepting of all their employees, including gay people. In 2010 the HRC passed a resolution requesting that the Common Council pass Bill 30- 10 which would have amended the Human Rights Ordinance to include prohibitions against employment discrimination on the basis of sexual orientation and gender identity. The HRC voted unanimously in favor of amending the ordinance. The resolution noted that the Commission had received complaints alleging employment discrimination based on sexual orientation,but was not empowered to investigate these complaints. Bill 30-10 would have allowed the Commission to treat GLBT persons the same as any other citizen of our City who faced employment discrimination; however, it too was defeated. At the present time,when Commission members attend workshops we are regularly taught ways of dealing with discrimination against GLBT individuals as this problem is being addressed in other communities across the nation. I recognize that it is not my role as president of the Human Rights Commission to enact legislation, but I see that other communities are moving forward on this issue. I'm concerned South Bend may appear backward to the very companies we are trying to attract to our community. In conclusion, the HRC stands ready to enforce any legislation enacted by the Common Council that will prohibit discrimination in our community. As noted in the 2005 HRC's statement to the Common Council, "The South Bend Human. Rights Commission is an agency of the City of South Bend, Indiana, committed to fair and equal treatment of all human beings. It is the responsibility and duty of the Human Rights Commission to make sure that no Duman being is mistreated based on status, without making value or moral judgments." Feel free to share this with the other new members of the Common Council who may want to review this history. Sincerely, Penny Hughes, Chair Human Rights Commission Office Phone: 291-2342 Cell: 276-2571 Email: peMsold@aol.com Municode Page 1 of 5 Indianapolis-Marion County, Indiana, Code of Ordinances >>TITLE III -PUBLIC HEALTH AND WELFARE >> Chapter 581 - HUMAN RELATIONS; EQUAL OPPORTUNITY>>ARTICLE I. -GENERAL PROVISIONS >> ARTICLE I. - GENERAL PROVISIONS Sec.581-101. -Findings and purposes. Sec. 581-102.-Nondiscrimination clauses. j Sec. 581-103. - Definitions, i i I Sec. 581-101. - Findings and purposes. t (a) The council finds that the practice of denying equal opportunities in employment,education, access to j and use of public accommodations,and acquisition of real estate based on race,color, religion, i ancestry, age, national origin, disability,sex,sexual orientation,gender identity,or United States military j service veteran status is contrary to the principles of freedom and equality of opportunity and is a burden to the objectives of the policies contained herein and shall be considered discriminatory practices. 1 I (b) It is the purpose of this chapter to carry out the following policies of the city and county: (1) To provide equal employment opportunity in all city and county jobs without regard to race,color, religion,disability, national origin, ancestry, age,sex,sexual orientation,gender identity, or United States military service veteran status; (2) To encourage the hiring of the persons with disabilities in both the public and the private sectors and to provide persons with disabilities with equal access to public accommodations; (3) To utilize businesses owned by persons with disabilities; JI (4) To protect employers,labor organizations, employment agencies, property owners, real estate brokers, builders,lending institutions,governmental and educational agencies and other persons from unfounded charges of discrimination; (5) To provide all citizens of the city and county equal opportunity for education, employment,and access to public accommodations without regard to race, religion,color,disability, sex,sexual orientation,gender identity, national origin,ancestry, age,or United States military service veteran status; and (6) To provide all citizens of the city and county equal opportunity for acquisition through purchase or rental of real property including, but not limited to, housing without regard to race, religion, color, disability,sex, sexual orientation,gender identity,familial status, national origin, ancestry,age or United States military service veteran status. (G.O. 911, 2005, § 1;G.0. 71, 2008,§24) _.... . .. .............__._ .._ ....... . Sec. 581-102. - Nondiscrimination clauses. (a) Every contract to which one(1)of the parties is the city or the county, or any board,department or office Of either the city or county,including franchises granted to public utilities, shall contain a provision requiring the governmental contractor and subcontractors not to discriminate against any employee or applicant for employment in the performance of the contract,with respect to hire,tenure,terms, conditions or privileges of employment,or any matter directly or indirectly related to employment, because of race, sex, sexual orientation, gender identity, religion,color, national origin, ancestry,age, disability, and United States military service veteran status. Breach of this provision may be regarded as a material breach of the contract. j j (b) All applications, postings, announcements,and advertisements recruiting applicants for employment e with the city or county shall conspicuously post in the bottom margin of such recruiting bids a clause as E follows: "An Affirmative Action Equal Employment Opportunity Employer." (G.O. 911,2005,§ 1) E - _ - I Sec. 581-103. - Definitions. ! i (a) http://Iibrary.municode.coin./print.aspx?clientlD=12016&HTMRequest=http%3 a%2f°/o2flib... 3/6/2012 Municode Page 2 of 5 Unless defined otherwise in this section,terms used in this chapter shall have the meanings ascribed to E them in the Indiana Civil Rights Law(currently codified at IC 22-9-1-1 et seq.),and/or the Indiana Fair F i Housing Law(currently codified at IC 22-9.5-1-1 et seq.), as those laws may be amended from time to ! time. Unless this chapter expressly creates greater rights or protections than the Indiana Civil Rights Law and/or the Indiana Fair Housing Law, it is the general intent of this chapter to provide the same E i rights and protections as the Indiana Civil Rights Law and/or the Indiana Fair Housing Law. { j (b) As used in this chapter,the following terms shall have the meanings ascribed to them in this section. 1 Acquisition of real estate means the sale,rental, lease,sublease,advertising,construction or financing, I I including negotiations and any other activities or procedures incident thereto,of: E {1) Any building, structure, apartment, single room or suite of rooms or other portion of a building, I i occupied as or designed or intended for occupancy as living quarters by one(1)or more families or single individuals; i (2) Any building,structure or portion thereof,or any improved or unimproved land utilized or E designed or intended for utilization,for business, commercial,industrial or agricultural purposes; or (3) Any vacant or unimproved land offered for sale or lease for any purpose whatsoever. Appointing authorities means and includes the mayor,council and such other person or agency as may be entitled to appoint any member of the equal opportunity advisory board created in this chapter, 1 l I Appraiser means any person who,for a fee or in relation to his or her employment or usual occupation, establishes a value for any kind of real estate,the acquisition of which is defined in this section. h Board means the equal opportunity advisory board. E Complainant means any person who signs a complaint on his or her own behalf alleging that he or she has been aggrieved by a discriminatory practice. I Complaint means a written grievance filed with the office of equal opportunity,either by a complainant or by the board or office,which meets all the requirements of sections 581-406 and 581-407 of this chapter. Disability means"disability"as that term is defined in the Americans with Disabilities Act("ADA"),as that Act may be amended from time to time,and as that definition may be interpreted by the federal courts.To the extent that the ADA would require a person to be a"qualified individual with a disability"in order to be protected from a specific form or type of discrimination under the ADA,then the same is true with respect to this chapter. Discriminatory practice means and includes the following: {1) The exclusion from or failure or refusal to extend to any person equal opportunities or any difference in the treatment of any person by reason of race,sex, sexual orientation,gender identity, religion,color, national origin or ancestry, disability,age,or United States military service veteran status; (2) The exclusion from or failure or refusal to extend to any person equal opportunities or any difference in the treatment of any person, because the person filed a complaint alleging a E violation of this chapter,testified in a hearing before any members of the board or otherwise cooperated with the office or board in the performance of its duties and functions under this chapter, or requested assistance from the board in connection with any alleged discriminatory practice,whether or not such discriminatory practice was in violation of this chapter; (3) In the case of a real estate broker or real estate salesperson or agent, acting in such a capacity in the ordinary course of his or her business or occupation,who does any of the following: a. Any attempt to prevent,dissuade or discourage any prospective purchaser, lessee or tenant of real estate from viewing, buying, leasing or renting the real estate because of the race, sex,sexual orientation,gender identity, religion, national origin,age, color,disability, ancestry,familial status or United States military service veteran status of: 1. Students, pupils or faculty of any school or school district; or 2. Owners or occupants,or prospective owners or occupants, of real estate in any neighborhood or on any street or block; provided, however,this clause shall not be i co n st r ued to prohibit i sclosure in response to inquiry ui rY any prospective s purchaser,lessee or tenant of: i (1) Information reasonably believed to be accurate regarding such race, sex, E sexual orientation,gender identity, religion, national origin,age, color, ( disability,ancestry,familial status, or united States military service veteran i I status;or http://library.municode.com/print,aspx?clientlD=12016&HTMRequest=http%3a%2P/o2flib... 3/6/2012 Municode Page 3 of 5 The honest professional opinion or belief of the broker, salesperson or agent regarding factors which may affect the value or desirability of property I available for purchase or lease; or b. Any solicitation, promotion, advertisement or attempt to influence or induce any owner to f self, lease or list for sale or lease any real estate,which solicitation,promotion, advertisement or attempted inducement includes representations concerning: 1 1. Race,sex,sexual orientation,gender identity, religion, national origin,age,color, I 3 disability,ancestry,familial status or United States military service veteran status of present,prospective or possible purchasers or occupants of real estate in any area, i neighborhood or particular street or block; 2. Present, prospective or possible neighborhood unrest,tension or change in the E race,sex, sexual orientation,gender identity,religion,national origin,age, color, ; E disability, ancestry,familial status or United States military service veteran status of f :. occupants or prospective occupants of real estate in any neighborhood or any i street or block; 3. Present, prospective or possible decline in market value of any real estate by reason of the present, prospective or possible entry into any neighborhood, street or block of persons of a particular race,sex, sexual orientation,gender identity, religion, national origin,age, color,disability, ancestry,familial status or United States military service veteran status;or 4. Present, prospective or possible decline in the quality of education offered in any school or school district by reason of any change in the race, sex, sexual 1 orientation,gender identity, religion, national origin,age,color, disability, ancestry, familial status, or United States military service veteran status of the students, pupils or faculty of such school or district;and € (4) Making unavailable or denying the sale or rental of a dwelling to any buyer or renter, or the refusal to extend to any person equal opportunities in the terms,conditions,or privileges of the i sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of: a. The buyer or renter; b. A person residing in or intending to reside in the dwelling after the dwelling is sold, rented, or made available; or C. Any person associated with the buyer or renter. For purposes of this subsection(4),discrimination includes the following: a. A refusal to permit,at the expense of the person with a disability,reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises; b. A refusal to make reasonable accommodations in rules, policies,practices,or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling; and C. In connection with the design and construction of covered multifamily dwellings(as defined in the Indiana Civil Rights Law,as that law may be amended from time to time)for first occupancy after March 13, 1994, a failure to design and construct those dwellings in a manner that: 1. The public use and common use parts of the dwellings are readily accessible to and usable by persons with disabilities; 2. All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and 3. All premises within the dwellings contain the following features of adaptive design: (i) An accessible route into and through the dwelling; (ii) Light switches,electrical outlets,thermostats,and other environmental controls in accessible locations; (iii) Reinforcements in bathroom walls to allow later installation of grab bars;and i (iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. Compliance with the rules of the fire prevention and building safety commission that incorporate 3 by reference the appropriate requirements of the American National Standard for buildings and 3 facilities providing accessibility and usability for people with physical disabilities(ANSI A117.1) satisfies the requirements of this subpart 3. This subsection(4)does not require that a dwelling be made available to an individual whose E tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. http://library.municode.com/print.aspx?client1D=12016&HTMRequest=http%3 a%2f`/a2flib... 3/6/2012 Municode Page 4 of 5 Education means the construction, maintenance or operation of any school or educational facility j utilized or intended to be utilized for the education or training of persons residing within the territorial jurisdiction of the office and controlled by a public governmental board or agency which operates one(1)or more elementary or secondary schools. � � E Employer means: i (1) Any political subdivision within the county,not represented by the office of corporation counsel under section 202-103 of the Code and any separate municipal corporation which has territorial k jurisdiction primarily within the county; and (2) Any person who employs at the time of any alleged violation six(6)or more employees within the j I` territorial jurisdiction of the office. ; 1 i ! Employment means a service performed by an individual for compensation on behalf of another person, except for: (1) Services performed by an individual who in fact is engaged in an independently established trade, occupation, business or profession, and who has been and will continue to be free from direction or control over the manner of performance of such services; (2) Services performed by an agent who receives compensation solely upon a commission basis and who controls his or her own time and efforts;or (3) Services performed by an individual in the employ of his or her spouse, child or parent. j f Employment agency means and includes any person who undertakes,with or without compensation,to I. procure, recruit, refer or place any individual for employment. l Familial status means an individual who is(1)pregnant;(2)domiciled with an individual younger than 3 eighteen(18)years of age in regard to whom the person:(A)is the parent or legal custodian;or(13)has the I written permission of the parent or legal custodian for domicile with that person;or(3)in the process of obtaining legal custody of an individual younger than eighteen(18)years of age. Gender identity means an individual having or being perceived as having a gender-related self-identity, self-image,appearance,expression or behavior different from those characteristics traditionally associated with the individual's n assi d x assigned se at birth Labor organization means and includes any organization which exists for the purpose, in whole or in part, of collective bargaining or dealing with employers concerning grievances,terms or conditions of employment,or for other mutual aid or protection in relation to employment. Lending institution means any bank,building and loan association,insurance company or other corporation,association,firm or enterprise,the business of which consists in whole or in part in making or guaranteeing loans,secured by real estate or any interest therein. Office means the office of equal opportunity created by this chapter. i E Owner means and includes the title holder of record,a contract purchaser, lessee,sub lessee, managing agent or other person having rights of ownership or possession, or the right to sell, rent or lease real estate. Person means and includes one(1)or more individuals,partnerships,associations, organizations, cooperatives, legal representatives,trustees,trustees in bankruptcy, receivers,governmental agencies and other organized groups of persons. Public accommodation means an establishment which caters to or offers its services,facilities or goods to the general public. Public facility means any facility or establishment,other than an educational institution,which is owned, operated or managed by or on behalf of a governmental agency. Real estate broker means any person who,for a fee or other valuable consideration, sells, purchases, rents, leases or exchanges,or negotiates or offers or attempts to negotiate the sale, purchase, rental, lease or exchange of real property owned by another person;or a person who is licensed and holds himself or herself out to be engaged in the business of selling, purchasing, renting, leasing or exchanging real property for other persons,or who manages and collects rents for the real property of another. Real estate salesperson or agent means any person employed by a real estate broker to perform or assist in performing any or all of the functions of the real estate broker. Respondent means one(1)or more persons against whom a complaint is filed under this chapter, and who the complaint alleges has committed or is committing a discriminatory practice, http://library.municode.com/print.aspx?clientID=12016&HTMRequest=http%3 a%2P/o2flib... 3/6/2012 Municode Page 5 of 5 Sexual orientation means an individual's actual or perceived identity or practice as a lesbian woman, gay male, bisexual person or heterosexual person. (G.0. 111, 2005,§1;G.O. 71,2008,§25) http://Iibrary.municode.com/print.aspx?clientID=12016&HTMRequest--http%3a%2f'/o2flib... 3/6/2012 ARTICLE II. - OFFICE OF EQUAL OPPORTUNITY Pagel of 2 E Indianapolis -Marion County, Indiana, Code of Ordinances>>TITLE III -PUBLIC HEALTH AND WELFARE >>Chapter 581 -HUMAN RELATIONS; EQUAL OPPORTUNITY>> ARTICLE IL -OFFICE � i OF EQUAL OPPORTUNITY>> ARTICLE 11. - OFFICE OF EQUAL OPPORTUNITY , ' 3 Sec:581-201.-Office created;purpose. Sec.581-202. -Composition and functions. i Sec. 581-203.-General powers and duties. � E f E Sec. 581-201. -Office created; purpose. i I j ! � There is hereby created an office of equal opportunity within the office of corporation counsel.This EEI office and its board are empowered as provided in this chapter to carry out the public policy of the state as < i stated in the Indiana Civil Rights Law at IC 22-9-1-2, and the Indiana Fair Housing Law,at IC 22-9.5-1-1, 1 within the territorial boundaries of the county,and the public policy of the city,as stated in this chapter. i . _ G.0. 111,2005,§1;©0. 71, 2008,§26)._.......... ._ 3 Sec. 581-202. -Composition and functions. The office shall be directed by an administrator who shall also be the affirmative action officer for the i city and county.The administrator shall be appointed by and serve at the pleasure of the mayor and shall be responsible for performing the following functions: (1) To monitor internal employment practices as follows: a By ensuring that city and county government offers equal employment opportunities to E persons regardless of race, religion, color,sex, sexual orientation,gender identity, national origin,ancestry,age, disability,or United States military service veteran status; b. By providing a vehicle through which employees may seek redress for alleged i discriminatory acts by city and county government and/or retaliatory acts by city or county government for filing or assisting in the discrimination complaint process; C. By establishing affirmative action goals for city and county government; d. By complying with federal reporting requirements concerning affirmative action and i equal opportunity; and E E e. By reviewing policies and procedures of the city and the county to eliminate discriminatory practices;and (2) To receive, investigate and adjudicate community complaints as specified in Article IV of this chapter. e (G.O. 119,2005, §1;G.0. 71, 2008,§26) Sec. 581-203. -General powers and duties. In addition to the functions previously mentioned in section 581-202 of this chapter, the office shall r have the following powers and duties; 3 i (1) To gather and distribute information for the purpose of improving human relations and removing inequities in the areas of housing, recreation, education,employment, law enforcement,vocational guidance and related matters; i !` I (2) To assist other governmental and private agencies,groups and individuals in reducing ? E community tensions and preventing conflicts between persons of different racial,ethnic and j E religious groups; i (3) To discourage persons from engaging in discriminatory practices through informal methods of € i persuasion and conciliation and through programs of public information and education; (4) http://library.municode.com/showDocument.aspx?clientlD=l2016&docID=1 3/6/2012 ARTICLE II. - OFFICE OF EQUAL OPPORTUNITY Page 2 of 2 To furnish technical assistance upon request to persons to assist them in eliminating E 'i discriminatory practices or otherwise implementing the policy and purposes of the Indiana Civil i ! Rights Law and the Indiana Fair Housing Law; E (5) To make such general investigations,studies and surveys as the office shall deem necessary I for the performance of its duties; ! j (6) To prepare and submit at least annually a report of its activities to the mayor and to the public, which report shall describe the investigations and proceedings conducted by the office,the I outcome thereof and the progress and achievements of the office and the community toward I elimination of discriminatory practices; I " ; I Copy link to c(rpboard appropriate-f€et ral,state or local i I agencies,and with private organizations, inclivicluals and neighborhood associations in order c to effectuate the purposes of this chapter and to further compliance with federal, state and j local laws and ordinances prohibiting discriminatory practices;and (8) To perform any other duties assigned by ordinance or the mayor. j I E (G.Q. 111, 2005,§ 1;G.0, 71, 2008,§26) -- - II I f I 1 r E I i I E 1 r E I I I 4 i http://library.municod e.com/showDocument.aspx?clientID=12016&doclD=1 3/6/2012 ARTICLE 111. - EQUAL OPPORTUNITY ADVISORY BOARD Page I of 2 Indianapolis - Marion County, Indiana, Code of Ordinances >>TITLE III - PUBLIC HEALTH AND WELFARE >>Chapter 581 - HUMAN RELATIONS; EQUAL OPPORTUNITY>>ARTICLE 111. - EQUAL OPPORTUNITY ADVISORY BOARD >> ARTICLE Ill. - EQUAL OPPORTUNITY ADVISORY BOARD 1r E Sec. 581-301.-Board.created;Purpose. Sec. 581-302.-Composition of board:appointment and terms of members. Sec. 581-303.- Meetings;vote required for board action. Sec. 581-304.-General powers and duties. See. 581-301. - Board created; purpose. There is hereby created an equal opportunity advisory board empowered as provided in this chapter to carry out the public policy of the state as stated in the Indiana Civil Rights Law at IC 22-9-1-2,and the Indiana Fair Housing Law, at IC 22-9.6-1-1,within the territorial boundaries of the county, and the public policy of the city,as stated in this chapter. (G,0. 111,2005,§1) -J Sec. 581-302. -Composition of board; appointment and terms of members. (a) Effective July 1, 2006,the board shall consist of fourteen(14)members. Eight(8)members shall be appointed by the mayor and six(6)members shall be appointed by the council. In addition,the administrator shall be an ex officio member of the board. In the appointment of members,the mayor and the council shall consider the following: (1) No more than four(4)members of the board appointed by the mayor shall be from any one(1) Political party. No more than three(3)members of the board appointed by the council shall be from any one(1)political party;and (2) In making appointments to the board,the mayor and the council shall take into consideration all interests in the community, including but not limited to age, racial,ethnic, sexual,sexual orientation, gender identity, religious and economic groups, business, labor,persons with disabilities and the general public. (b) A board member may be removed forjust cause, including nonattendance, by a two-thirds(213)vote of the board. (c) In the event of the death, resignation or removal of any member of the board prior to the expiration of his or her term,the appointing authority shall make an appointment to fill the vacancy for the unexpired term of the member. (d) All appointments to the board that were made prior to December 1,2005,and that have not otherwise expired shall expire on July 1,2006.All appointments made on or after December 1,2005, shall be for three-year terms beginning on the first day of July and ending on the last day of June. Any member of the board whose term has expired after July 1, 2006, may continue in office until a successor has been appointed. (e) The mayor shall appoint from the membership of the board a chairperson who shall serve a one-year term and until his or her successor is appointed and qualified, but serves at the pleasure of the mayor. 1 (f) The chairperson shall appoint a vice-chairperson and a secretary to serve during his or her term of office. (G.O. 111,2005,§ 1) J ............ ..------ Sec. 581-303. - Meetings; vote required for board action. .... The board shall hold regular meetings every two(2)months on a day agreed upon by the board.The board shall hold special meetings as may be called by two-thirds(213)of the membership. Seven(7) members of the board shall constitute a quorum at any meeting.A majority vote of those in attendance shall be necessary for action, except in the case of a determination after hearing provided in section 581-414 of this r.hqntP.r whAn A rnninritv of thp.mpmhprq of the hnqrri not riiqni tMifi-d from n;irtininntinn in qwth http://Iibrary.municode.com/showDocument.aspx?clientlD=l 2016&doclD=2 3/6/2012 ARTICLE Ill. - EQUAL OPPORTUNITY ADVISORY BOARD Page 2 of 2 determination shall be required. In the event of an appeal to the board as provided under 581-414 of this chapter,the chairperson of the board shall not be allowed to vote,except in case of a tie,when the chairperson of the board may cast the deciding vote.The administrator shall not be allowed to vote in an appeal to the board provided under§581-414 of this chapter.As to all other matters,the administrator shall not be allowed to vote,except in case of a tie,when the administrator may cast the deciding vote. i (G.O. 111, 2005,§1) 1, �.. ..__....Sec. 581-304. -General powers and duties. .__....------.--_._ i (a) The board shall have the powers and duties to appoint an executive committee,a majority of whichh 'I shall constitute a quorum,which committee shall be authorized to act upon emergency matters between meetings of the board; provided, however,the executive committee shall not take any action ! inconsistent with action previously taken or policies adopted by the board, and the executive I committee shall not exercise any of the powers or functions of the board under sections 581-405 through 581-415 of this chapter;all officers of any executive committee appointed by the board must be members of the board. (b) Further,the board shall have the powers and duties to establish a committee on contract compliance I f composed of at least five(5)members of the board.The committee shall meet at such times as the members of the committee shall deem necessary.The committee shall have the power to establish and adopt rules for the conduct of its affairs.The duties of the contract compliance committee shall include. (1) To review contract compliance procedures and make recommendations concerning their I effective and efficient operation; (2) To establish other standing and ad hoc committees,as the board deems necessary; (3) To advise the office in formulating policies designed to effectuate the purposes of this chapter and to make such recommendations to the mayor and the council as the board shall deem E appropriate to implement such policies; (4) To adopt, amend and rescind procedural and substantive rules and regulations for the conduct of its affairs, not inconsistent with the provisions or intent and purposes of this chapter, as the board shall deem necessary or appropriate;the rules or regulations shall be adopted subject to the provisions of Chapter 151 Art i cle VI I !of the Code; (5) To adjudicate claims of discrimination in a manner consistent with the provisions of this Chapter; (6) To facilitate advancement of the policies identified in section 581-101 (7) To exercise such additional powers or functions as may be delegated to the board by ordinance or by executive order validly adopted and promulgated by the mayor; and (8) To generally advise the office in the area of equal opportunity which shall include but not be limited to recommending new programs and program objectives, reviewing problem areas and recommending changes in existing programs. (G.O. 177, 2005,§1;G O 71, 2008,§27) http://Iibrary.municode.com/showDocument.aspx?clientID=12016&docID=2 3/6/2012 ARTICLE IV. - COMPLAINT ADJUDICATION Pagel of 6 Indianapolis - Marion County, Indiana, Code of Ordinances >>TITLE III -PUBLIC HEALTH AND WELFARE >> Chapter 581 - HUMAN RELATIONS; EQUAL OPPORTUNITY>>ARTICLE IV. - COMPLAINT ADJUDICATION >> € � 1, ..........._..--------.__.---.__.------- ......_..-._ ______._ ARTICLE IV. - COMPLAINT ADJUDICATION j Sec.581-401.-Territorial application. Sec. 581-402. -False complaints. Sec.581-403.-Discriminatory Rracticesdeclared unlawful. Sec.581-404. -Persons and activities to which section 581-403 of this cha ter does not apply. ' Sec. 581-405.-Grounds p sons who,may file. f or complaint: er„ _ Sec.581-406.-Contents of complaint. Sec.-581-407. -Execution and verification„Of„com2laints notice of acknowledgement. j Sec.581-408.-Timeliness of complaint. j F 1 Referral , civil.,. .,.,....,..___,...,._,,..._ Sec. 581-40.-Rece oof cn mplaint f om statecivil rights commission. ,E Sec.581-411, --Service of complaint on respondent;answer. Sec. 581-412.- Investigation and conciliation. Sec.581-413.-Complaint adjudication committee:hearing officer;duties. recommendations Sec. 581-414. -Hean findings ndings and„ omendations when conciliation not e , _,.._....__ Sec. 581-415.-Court enforcement. Sec.581-416. -Other remedies. ----------- Sec. 581-401. -Territorial application, _ - i This chapter shall apply within the territorial limits of the city and the county,with respect to any discriminatory practice occurring within such territorial limits and which relates to: f1� Acquisition of real estate; ! �2) Employment; (g) Education controlled by any public board or agency; or (4) Public accommodations. i (G.0. 111 2005, § 1) Sec. 581-402. - False complaints. It shall be unlawful for any person willfully to file a complaint alleging a violation of section 581-403 of this chapter with knowledge that the complaint is false in any material respect.A violation of this subsection constitutes the false reporting of a crime(currently codified at section 401-101)in violation of this Code, ! (G.0. 111, 2005,§ 1) i Sec. 581-403. - Discriminatory practices declared unlawful. Each discriminatory practice as defined in section 581-103 of this chapter(including any retaliatory practice encompassed within the definition of"discriminatory practice")shall be considered unlawful unless it is i specifically exempted by this chapter. (G.0. 111, 2005,§1) fSec. 581-404. - Persons and activities to which section 581-403 of this chapter does not apply f i (a) The provisions of section 581-403 of this chapter shall not apply to any not-for-profit corporation or I association organized exclusively for fraternal or religious purposes, or to any school,education, f charitable or religious institution owned or conducted by,or affiliated with,a church or religious http://Iibrary.municode.com/HTML/12016/level3/TITIIIPUHEWE_CH58I HUREEQOP_A... 3/6/2012 ARTICLE IV. - COMPLAINT ADJUDICATION Page 2 of 6 institution, nor any exclusively social club,corporation or association that is not organized for profit and j j is not in fact open to the general public. i (b) Section 581-403 of this chapter shall not apply to the rental of rooms in a boardinghouse or rooming house or single-family residential unit; provided, however,the owner of the building unit actually maintains and occupies a unit or room in the building as his or her residence and,at the time of the rental,the owner intends to continue to so occupy the unit or room therein for an indefinite period subsequent to the rental. ' Section 581-403 of this chapter shall not apply to housing that meets the definition of"housing for older I persons"as contained in the Indiana l=air Housing Law, as that law may be amended from time to time. (d) The following shall not be discrimination on the basis of sex: (1) For any person to maintain separate restrooms or dressing rooms for the exclusive use of either I I sex; and (2) For an employer to hire and employ employees;for an employment agency to classify or refer for employment any individual;for a labor organization to classify its membership or to classify or at refer for employment any individual;or for an employer,labor organization or joint labor ; management committee, controlling apprenticeship or other trainin g or retrainin g programs,to admit or employ any individual in any such program;on the basis of sex in those certain i instances where sex is a bona fide occupational qualification reasonably necessary to the normal j h operation of that particular business or enterprise. 1 (G O 199 2005,§1) _-Sec. 581-405. - Grounds for complaint; persons who may y file. ii i (a) A complaint charging that any person has engaged in or is engaging in a discriminatory practice prohibited by section 581-403 of this chapter may be filed with the office by any person claiming to be 3 E aggrieved by the practice, by one(1)or more members of the board or by one(1)or more employees of i the office who have reasonable cause to believe that such a violation has occurred, in any of the following circumstances: (1) In the case of the acquisition of real estate, against the owner of the real estate, a real estate I broker, real estate salesperson or agent,or a lending institution or appraiser; (2) In the case of education, against the governing board of any public school district which operates i schools within the territorial limits of the consolidated city or of the county; ' (3) In the case of a public accommodation, against the owner or person in charge of any such establishment,or both; (4) In the case of a public facility, against the governmental body which operates or has jurisdiction over the facility;or a (5) In the case of employment,against any employer,employment agency or labor organization. (b) Sections 581-406 through 581-415 of this chapter shall not apply to complaints arising from employment performed for the city, or any department or agency thereof,or any employment performed for the county,or any department or agency thereof, unless such employee has first utilized all internal complaint procedures, remedial measures and investigatory procedures available through the agency's or department's written policies and procedures. In the absence of a written procedure, employees should report complaints to the office prior to submitting a complaint under section 581-406. In carrying out his or her duties under this chapter,the administrator of the office shall develop appropriate rules and procedures for the office to conduct internal investigations and to process and refer complaints related to allegations of discriminatory practices in employment against the city,a city department or agency,the county,o r a county department or agency.These rules and procedures shall include, but are not limited to, requiring employees of the city,a city department or agency,the county, or a county department or agency to use appropriate internal mechanisms prior to an investigation being instituted under section 581-412 (G.O. 111 2005 §..1.'G.O. 71, 2008...§28) - Sec. 581-406. - Contents of complaint. i To be acceptable by the office, a complaint shall be in writing and shall be sufficiently complete so as to 1 reflect properly the following: (1) The full name and address of the complainant or other aggrieved person or persons; i E (2) The full name and address of the person against whom the complaint is made; (3) The alleged discriminatory practice and a statement of particulars thereof; The date or dates of the alleged discriminatory j (4) 9 ry Practice; E i (g) If the alleged discriminatory practice is of a continuing nature,the dates between which the continuing discriminatory practices are alleged to have occurred; 1 (6) http://Iibrary.rnunicode.corn/HTML/12016/Ievel3/TITIIIPUHEWE CH581HUREEQOP_A... 3/6/2012 ARTICLE IV. - COMPLAINT ADJUDICATION Page 3 of 6 A statement as to any other action,civil or criminal,instituted before any other administrative i agency, commission,department or court,whether state or federal, based upon the same i grievance alleged in the complaint,with a statement as to the status or disposition of any such I other action;and I (7) In the case of alleged employment discrimination a statement that the employer employs six(6) or more employees in the territorial jurisdiction of the office. E i '.._. ._ (G.0. 111,2005,^§ 1;G.0. 71, 20Q8,§28}- ___...._......�__.__ _.____._.._.__. ..__.__.._..._...._ _T__ _ -._- J 'f Sec. 581-407. - Execution and verification of complaint; notice of acknowledgement. i (a) The original complaint shall be signed and verified before a notary public or other person duly i authorized by law to administer oaths and take acknowledgments. Notarial services shall be furnished f by the office without charge. i' (b) The administrator shall cause an acknowledgement of the complaint to be provided to the complainant I advising the complainant of the time limits and choice of forum provided under the law. GO. 1 E. (G.O. 111,2005 §1; 79 2008,§28) - - Sec. 581-408. - Timeliness of complaint. I ? No complaint shall be valid unless filed within one hundred eighty(180)calendar days from the date of i ! occurrence of the alleged discriminatory practice or,in the case of a continuing discriminatory practice,during the time of the occurrence of the alleged practice;but not more than one hundred eighty(180)calendar days { from the date of the most recent alleged discriminatory act. (G.O. 111,2005,§1) Sec. 581-409. - Referral of complaint to state civil rights commission. i The administrator may, in his or her discretion, prior to scheduling of the complaint for hearing under section 581-414 of this chapter, refer any complaint to the state civil rights commission for proceedings in accordance with the Indiana Civil Rights Law or the Indiana Fair Housing Law. I (G.O. 111,2005,§ 1) Sec. 581-410. - Receipt of complaint from state civil rights commission. The office is hereby authorized to receive any complaint transferred to it by the state civil rights commission pursuant to IC 22-9-1-12.1, IC 22-9.5-4-1 and/or IC 22-9.5-4-8,and to take such action with respect to any such complaint as is authorized or required in the case of a complaint filed under section 581- 405 of this chapter. (G.O. 111, 2005,§1;G.0, 71, 2008,§29) Sec. 581-411. - Service of complaint on respondent; answer. The administrator shall cause a copy of the complaint to be served by certified mail upon the respondent,who may file a written response to the complaint at any time prior to the close of proceedings with respect thereto,except as otherwise provided in section 581-414 of this chapter. (G.O. 111, 2005,§ 1) Sec. 581-412. - Investigation and conciliation. (a) Investigation. Within thirty(30)days after receipt of a complaint filed under this chapter, the administrator shall initiate an investigation of the alleged discriminatory practice charged in the i complaint.All such investigations shall be made by the office at the direction of the administrator and ! 1 may include informal conferences or discussions with any party to the complaint for the purpose of i obtaining additional information or attempting to resolve or eliminate the alleged discriminatory practice by conciliation or persuasion.The office shall have the authority to initiate discovery, including but not limited to interrogatories, requests for production of documents and subpoenas, on approval of the t administrator.Any request by the office to compel discovery may be by appropriate petition to the Marion County Circuit or Superior Courts.The administrator will make a good faith effort to complete investigations within one hundred(100)days after a complaint has been received. If it is impracticable to complete the investigation within one hundred(100)days,the administrator may extend the time for http://Iibrary.municode.com/HTML/1 2016/level3/TITIIIPUHEWE_CH581 HUREEQOP_A... 3/6/2012 ARTICLE IV. - COMPLAINT ADJUDICATION Page 4 of 6 conducting the investigation.The administrator shall notify the parties in writing of the reason(s)for the delay. i (b) Report of investigation;determination by panel. Unless the complaint has been satisfactorily resolved prior to completion of the investigation made under subsection(a)of this section,the administrator shall j i report the results of the investigation made under subsection(a)of this section to a predetermined ! E panel of three(3)members of the board designated by the chairperson or vice chairperson or pursuant to the rules of the board,which panel shall not include any member of the board who is ineligible to i jparticipate pursuant to subsection 581-414(f)of this chapter or who is a member of the complaint ` adjudication committee created pursuant to section 581-413 of this chapter.The administrator shall ' make a recommendation as to whether there is reasonable cause to believe that the respondent has { violated section 581-403 of this chapter.The panel shall then determine by majority vote whether ! reasonable cause exists to believe that any respondent has violated section 581-403 of this chapter. in making such a determination,the panel shall consider only the complaint,the response, if any, and the s administrator's report;provided, however,the panel may request the administrator to make a i supplemental investigation and report with respect to any matter which it deems material to such i determination. (c) Action when violation found. if the panel, under subsection(b)of this section,determines that a reasonable cause exists to believe that any respondent has violated section 581-403 of this chapter, it may direct the administrator to endeavor to eliminate the alleged discriminatory practice through a conciliation conference.At least one(1)panel member shall be present at any conciliation conference i E j at which both the complainant and respondent are present or represented. If the complaint is satisfactorily resolved through conciliation,the terms of any agreement reached or undertaking given by any party shall be reduced to writing and signed by the complainant, respondent and the administrator. Any disagreement between the respondent and the administrator in regard to the terms or conditions of 1 a proposed conciliation agreement may be referred to the panel which considered the complaint, and the decision of the panel with respect to such terms or conditions shall be final for purposes of ! ` conciliation proceedings under this subsection, but shall not be binding upon the respondent without his written consent thereto.The board or office may institute legal proceedings under this chapter for enforcement of any written agreement or undertaking executed in accordance with this subsection. (GA. 111, 2005, § 1;G.O. 71,2005,§30) Sec. 581-413. - Complaint adjudication committee; hearing officer; duties. (a) The chairperson shall designate three(3)members of the board to serve as a complaint adjudication committee,whose duty shall be to hold public hearings on citizens'complaints,which shall be at such times as the adjudication committee or the board deems necessary.All three(3)members of the adjudication committee must be present for any hearing, and no member of the adjudication committee may vote by proxy. In the event that a member of the adjudication committee is unavailable or otherwise 3 precluded from participating in a hearing,either the chairperson or the vice chairperson of the board shall take the absent member's place on the adjudication committee unless and until a replacement is appointed. (b) The board may also appoint one(1)or more non-members to serve as unpaid hearing officers,whose duty shall be to hold public hearings and to make determinations in lieu of the adjudication committee on citizens'complaints,other than housing complaints,at such times as the hearing officer or the board deems necessary. (G.O. 111, 2005,§1 J Sec.. 581-414. - Hearings, findings and recommendations when conciliation not effected. i 1 ' (a) Nearing to be held;notice. If a complaint has not been satisfactorily resolved within a reasonable time through informal proceedings under section 581-412 of this chapter,or if the panel investigating the complaint determines that reasonable cause exists to believe a respondent has violated section 581- 403 of this chapter but that a conciliation conference is inappropriate under the circumstances surrounding the complaint,then the chairperson of the board shall assign the case to the adjudication committee or, in the case of a complaint not related to housing,to either the adjudication committee or to a hearing officer.The adjudication committee or the hearing officer may hold a public hearing thereon upon not less than ten(10)working days'written notice to the complainant or other aggrieved person and to the respondent. If the respondent has not previously filed a written response to the complaint,he or she may file such response and serve a copy thereof upon the complainant and the office not later than five(5)working days prior to the date of the hearing. ! (b) Powers;rights of parties at hearing. In connection with a hearing held under subsection(a)of this i section,the adjudication committee or the hearing officer shall have the power, upon any matter pertinent to the complaint or response thereto,to subpoena witnesses and compel their attendance;to require the production of pertinent books, papers or other documents;and to administer oaths. The complainant shall have the right to be represented by the administrator or any attomey of his or her http://library.municode.com/HTML/12016/level3/TITIIIPUHEWE—CH581 HUREEQOP_A... 3/6/2012 ARTICLE IV. - COMPLAINT ADJUDICATION Page 5 of 6 choice.The respondent shall have the right to be represented by an attorney or any other person of his or her choice.The complainant and respondent shall have the right to appear in person at the hearing, E to be represented by an attorney or any other person,to subpoena and compel the attendance of witnesses,and to examine and cross examine witnesses.The board may adopt appropriate rules for Ik the issuance of subpoenas and the conduct of hearings under this section.The adjudication committee, j the hearing officer and the board shall have the power to enforce discovery and subpoenas by i appropriate petition to the Marion County Circuit or Superior Courts. (c) Statement of evidence;exceptions,arguments. Following the close of the hearing,the adjudication committee or the hearing officer shall prepare a report containing written recommended findings of fact and conclusions and file such report with the office.The adjudication committee or hearing officer shall j i I make a good faith effort to complete the report within thirty(30)working days from the close of the hearing, but may extend the time for completing the report as needed, up to an additional thirty(30) working days.A copy of the report shall be furnished to the complainant and respondent, each of whom I shall have an opportunity to submit written exceptions within such time as the rules of the complaint j adjudication committee shall permit.The adjudication committee or the hearing officer may, in its, his or i , her discretion,upon notice to each interested party, hear further evidence or argument upon the issues 1 i � , presented by the report and exceptions, if any. (d) Findings of fact;sustaining or dismissing complaint-remedies. upon the preponderance of the t i evidence,the adjudication committee or the hearing officer shall issue written findings of fact and conclusions,and shall and serve a copy thereof upon the complainant and the respondent. Findings 3 I and conclusions made by the adjudication committee or the hearing officer shall be based solely upon E I the record of the evidence presented at the hearing. 1 If,in the opinion of the adjudication committee or the hearing officer,any respondent has engaged or is ' engaging in a discriminatory practice in violation of the chapter,the adjudication committee or the hearing officer may cause to be served on the respondent an order requiring the respondent to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this chapter, including but not limited to: i I (�) The restoration of complainant's losses incurred as a result of discriminatory treatment, as the adjudication committee or hearing officer may deem necessary to assure justice; (2) The posting of notice setting forth the public policy of the city and county concerning equal opportunity and respondent's compliance with such policy in places of public accommodations; (3) The submission of proof of compliance to be filed by respondent at periodic intervals; and (4) If the respondent is licensed by a city or county agency authorized to grant a license,the submission of a statement to show cause to the licensing agency why his or her license should not be revoked or suspended. If, in the opinion of the adjudication committee or the hearing officer,any respondent has not engaged in a discriminatory practice in violation of this chapter,the adjudication committee or the hearing officer shall state dismiss the complaint against that respondent. The adjudication committee or the hearing officer shall make a good faith effort to serve its, his or her findings and conclusions within one(1)year from the date of receipt of the complaint. If it is impracticable to serve the findings and conclusions within one(1)year from the date of receipt of the complaint,the adjudication committee or the hearing officer may extend the time for serving the findings and conclusions.The adjudication committee or the hearing officer also shall notify the parties in writing of the reason(s)for the delay. (e) Appeal to the board. Within thirty(30)working days after the issuance of findings and conclusions by the adjudication committee or the hearing officer,either the complainant or the respondent may file a written appeal of the decision of the adjudication committee or the hearing officer to the board. If no appeal is filed within thirty(30)working days,then the findings and conclusions are final.After considering the record of the evidence presented at the hearing and the findings and conclusions of the adjudication committee or the hearing officer,the board may affirm the decision of the adjudication 1 committee or the hearing officer and adopt the findings and conclusions of the adjudication committee or the hearing officer, or it may affirm the decision of the adjudication committee or the hearing officer and make supplemental findings and conclusions of its own, or it may reverse the decision of the adjudication committee or the hearing officer and make findings of fact and conclusions to support its decision.The board may also adopt, modify or reverse any relief ordered by the adjudication committee or the hearing officer.The board shall make a good faith effort to take any of the above actions within i thirty(30)working days after the appeal is filed, but may extend the time as needed,up to an additional r thirty(30)working days. f ? (f) Members of board who are ineligible to participate. No member of the board who initiated a complaint, i who is the subject of a complaint,or who has an immediate family member who is the subject of a complaint shall participate in the adjudication of that complaint as a member of the three-person panel, the adjudication committee or the board. In the event of an appeal to the board,a board member's participation on the three-person panel or on the adjudication committee shali not be a basis for 1 h ineligibility. http://library.municode.com/HTML/I 2016/1eve13/TITIIIPUHEWE_CH5 81 HUREEQOP_A... 3/6/2012 ARTICLE IV. - COMPLAINT ADJUDICATION Page 6 of 6 (9) Judicial review.Any respondent who disagrees with a decision of the board rendered pursuant to subsection 581-414(e)of this chapter shall have the right to file a verified petition to the superior or circuit court of Marion County for a review of the board's decision.The petition for review must be filed within thirty(30)calendar days after the date of issuance of the written decision of the board.The City of Indianapolis shall be the sole defendant in the petition for review.Within thirty(30)calendar days after receipt of a summons,the city shall cause the board to file a true and complete copy of the transcript of the hearing with the court.The court,without jury, shall review the record and render its decision as in other administrative reviews.The clerk of the court shall send a copy of the court's decision to the respondent and to the office of equal opportunity,either of whom may appeal the court's decision. aI G.O. 999, 2005, 1; I G.O. 79,2008,§39) Sec. 581-415. -Court enforcement. (a) institution of action. In any case where the board,the adjudication committee or the hearing officer has j found that a respondent has engaged in or is engaging in a discriminatory practice in violation of section 581-403 of this chapter,and such respondent has failed to correct or eliminate such discriminatory j practice within the time limit prescribed by the board,the adjudication committee or the hearing officer E and the time limit for appeal to the board has elapsed,the board may file in its own name in the Marion i County Circuit or Superior Courts a complaint against the respondent for the enforcement of section 581-414 of this chapter.Such complaint may request such temporary or permanent injunctive relief as may be appropriate and such additional affirmative relief or orders as will effectuate the purposes of this ; 1 chapter and as may be equitable,within the powers and jurisdiction of the court. j (b) Record of hearing;evidentiary value, in any action filed under this section,the board may file with the court a record of the hearing held by the adjudication committee or the hearing officer under section 581 s E -414 of this chapter,which record shall be certified by the secretary of the board as a true,correct and complete record of the proceedings upon which the findings of the hearing officer and/or the board were based.The court may, in its discretion, admit any evidence contained in the record as evidence in the action filed under subsection(a)of this section,to the extent such evidence would be admissible in court under the rules of evidence if the witness or witnesses were present in court,without limitation upon the right of any party to offer such additional evidence as may be pertinent to the issues and as the court shall, in its discretion,permit. (c) Temporary judicial relief upon filing of complaint. Upon the filing of a complaint under section 581-405 of this chapter by a person claiming to be aggrieved,the administrator, in the name of the board and in accordance with such procedures as the board shall establish by rule,may seek temporary orders for injunctions in the Marion.County Circuit or Superior Courts to prevent irreparable harm to the complainant, pending resolution of the complaint by the office, hearing officer and the board. (d) Enforcement of conciliation agreements. If the board determines that any party to a conciliation agreement approved by the administrator under section 581-412 of this chapter has failed or refused to comply with the terms of the agreement, it may file a complaint in the name of the board in the Marion County Circuit or Superior Courts seeking an appropriate decree for the enforcement of the agreement. (G.O. 111, 2005, § 1;G.0. 79, 2008,§31) Sec. 581-416. - Other remedies. Nothing in this chapter shall affect any person's right to pursue any and all rights and remedies available in any other local, state or federal forum. (G.O. 111, 2005, § 1) http://Iibrary.municode.com/HTML/12016/le,vel3/TITIIIPUHEWE CH581HUREEQOP A... 3/6/2012