01/10/77 Board of Public Works Minutes

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M REGULAR MEETING JANUARY 10, 1977 PUBLIC HEAPING - VACATION RESOLUTION NO. 3436 This being the date set, hearing was held on Vacation Resolution No. 3436 for the vacation of the east -west alley between Randolph and Calvert Streets, west of Ironwood Drive, from the west right -of way line of Ironwood Drive, running west 135 feet to the east right-of-way line of the north -south alley west of Ironwood Drive .in Roseland Pars: Addition. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Jack C. Dunfee, Jr., Attorney for the petitioners, Bel Air. Realty Company, was present. Mr. Dunfee displayed an exhibit to the Board showing the location of the alley. Fie said the property has been rezoned and the petitioner plans a mini -mall in the area. Mr. Dunfee noted that all proceed- ings on this vacation have pointed out the need for a turning radius to be dedicated so that people can turn north onto Randolph Street. He said the petitioner; plans to provide this deed of dedication, but at the present time the property is owned by other parties. They have a commitment from the owners to go along with this dedication and Mr. Dunfee said the petitioner is making that commitment to the Board at this time. Mr. Dunfee said he would anticipate that matters could be concluded within the next sixty days, at which time the dedication would be provided. Mr. Dunfee noted that no remonstrators appeared at the Area Plan Commission hearing on the proposed vacation.. Ile said the petitioner plans to provide two entrances, on Randolph Street and at Ironwood and this will improve the traffic pattern. Mr. Brunner asked Mr. Dunfee when the property was rezoned and Mr.-Dunfee said the entire parcel was rezoned in October. He said small parcels had been zoned at various times according to various site plans but now the entire parcel has been rezoned with one site plan. Mr. McMahon asked if there was anyone else present who wished to speak on the vacation. There was no one to speak on the natter. Mr. McMahon made a motion that the vacation resolution be confirmed subject to the furnishing of a deed of dedication for the five foot turning radius and that the Legal Department be asked to prepare a deed of dedication to be submitted to Mr. Dunfee for execution. Mr. Brunner seconded the motion and it carried. Mr. McMahon made a notion that the vacation resolution be referred to the Department of Engineering for the preparation of an Assessment Roll. PETITION TO APPROVE SALE OF VALLEY CABLEVISION APPROVED This was the date set for a public hearing on the petition of the Schurz Communications, Inc., Truth Publishing Company, Inc. and Michiana Telecasting Corporation for the approval and consent of the Board for the sale and.transfer by the shareholders.of Valley Cablevision to -Indiana Cablevision Corporation under the franchise agreement of August 22, 1966. The Clem, tendered proofs of publication of notice of the public hearing. Mr. William Farabaugh was present representing the petitioners. Mr. Farabaugh noted that also present was Jesse King, representing the purchaser, and Bazil O'Hagen, Harry White and Gregory Gicsi, representing Valley Cablevision. Mr. Farabaugh submitted to the Board a resolution approving the sale. Per. McMahon noted that the Board had received a letter from Tim Zeak, of South Bend Antenna Company, stating that he has met with representatives of the purchasers and believes they can work out a satisfactory arrangement for handling radiation leaks in the future. It 'was also noted that a letter was received from Valley Cablevision, giving a status report on checks made.of problems called to their attention by the Board. Both Mr. Zeak's letter and the letter from Valley Cablevision were filed. Mr. McMahon made a motion that the Board approve the sale of Valley Cablevision. The motion was seconded by Mr. Mullen and carried, with Mr. Brunner abstaining. Eileen Bender, Indiana University at South Bend, made a statement to the Board regarding 1 I