10/08/13 Board of Public Works Minutes

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AGENDA REVIEW SESSION OCTOBER 3, 2013 293 Gilot to sign the necessary documents, but the Resolution states if its deemed advisable, it will proceed. She noted that Mr. Gilot is a petitioner for the rezoning which is contingent on a number of actions. Ms. Greene added there are two legal issues she sees; past precedence on these types of projects, and mass development; and taking action prior to this being aired out in public. Mr. Danch stated if there was a huge outcry, you can just pull your petition; you are the petitioner. Ms. Ainsley stated she assures the Board that if they put this out organizationally and there is a huge outcry, they will not proceed. Ms. Ainsley added the Near Northwest Neighborhood (NNN) went door-to-door and interviewed one -hundred, thirty (130) residents and this was a specific goal of the action plan the neighbors requested. She added the NNN has been in business thirty (30) years and would never do anything the neighborhood was against. Mr. Gilot stated being there are some time constraints, the Board needs to trust this NNN Board and not delay the process. Upon a motion by Mr. Gilot seconded by Mr. Mecham and carried, with Mr. Relos opposed; the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 56-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE RE -ZONING OF PROPERTY OWNED BY THE CITY AND APPOINTING AN AUTHORIZED REPRESENTATIVE TO EXECUTE DOCUMENTS NECESSARY TO REZONE PROPERTY WHEREAS, pursuant to provisions of I.C. § 36-9-6-3, the South Bend Board of Public Works (the "Board") is the body authorized to have custody of and to maintain all real and personal property of the City of South Bend (the "City"); and WHEREAS, the City is the owner of certain real estate located on Portage Avenue, identified by tax key numbers 018-1059-2488, 018-1059-2489, 018-1059-2490, 018-1059-2491, 018-1059-2492 and 018-1059-2505 (the "Property") in the City; and WHEREAS, the City desires to rezone the Property from its existing zoning to PUD zoning; and WHEREAS, to accomplish the desired re -zoning, certain documents must be signed by a representative of the City and of the Board as administrative functions in the usual course of business; and WHEREAS, due to the in -efficiencies of assembling and constituting the Board for the performance of such administrative functions in the normal and usual course of business, it is desirable that a member of the Board be appointed as the Board's representative to perform such administrative functions on behalf of the Board, including the execution of documents necessarily related to the re -zoning of the Property; and WHEREAS, the President of the Board, Gary Gilot, is an appropriate individual to be appointed as the authorized representative of the Board to execute those documents necessary to accomplish the desired rezoning of the Property and the Board desires to appoint Gary Gilot as its authorized representative for the purposes stated herein. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Board Works authorizes a change in zoning of the Property to PUD. 2. The Board appoints Gary Gilot, President of the Board, as its authorized representative to execute, on behalf of the Board, all documents which are necessary or advisable in order to accomplish the rezoning of the Property. 3. This Resolution shall be in full force and effect after its adoption. Adopted at the meeting of the City of South Bend, Indiana, Board of Public Works held on October 3, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601.