06/13/77 Board of Public Works Minutes

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REGULAR MEETING JUNE 13, 1977 COMPLAINT'- INDIANA CABLEVISION CQMPANY Tim Zeak, South Bend Antenna Service, was present to advise the Board that his customers are still having problems with reception caused by radiation leaks from Indiana Cablevision equipment. He asked that the Board take some action to require Indiana Cablevision Company to correct the leaks. He rioted that other antenna installers are having similar problems and that Matt from Matt's Antenna Service would be at this meeting but is out of town. Mr. Zeak said he did not feel that he should have to follow up on these complaints which are caused by Indiana Cablevision Company. Mr. McMahon said that Mr. Zeak had indicated to the Board, at the time the franchise was transferred from Valley Cablevision to Indiana Cablevision, that Mr. King of Indiana Cablevision had met with him and had agreed to cooperate. Mr. Zeak said this was true but he said the conditions Mr. King agreed to in a letter from Indiana Cablevision have not been met. He requested that the Board request compliance, since they have the franchise agreement with the company and also stated that Mr. Farrand had indicated at that time that the City would initiate a complaint procedure for such com- plaints. Deputy City Attorney Terry Crone advised the the Board that at the time Mr. Farrand made that statement, it was thought that the franchise agreement would be renegotiated and some consideration was given to a complaint procedure. It was then determined by the F.C.C. that the franchise agreement could be transferred without renegotiation and such a procedure was never established. The Board advised Mr. Zeak that if complaints are transmitted to the Board in writing from the citizens involved, and they are complaints which involve radiation leaks from Indiana Cablevision equipment, the Board will transmit those complaints to Indiana Cablevision with the request that they be handled immediately and a response made to the Board. Mr. Zeak said this would be satisfactory and he would advise his customers, when the problem results from a radiation leak, to write to the Board of Public Works. REQUEST FOR HOUSE MOVE RECEIVED Lee Barnhart submitted to the Board a request to move a house from 314 W. Marion Street to 820 W. Colfax Avenue. The house is being moved from Temple Beth -El property by the Southhold Heritage Foundation and Mr. Barnhart who plans to rehabilitate the structure on the lot. Mr. Barnhart's request is to move the house on a route that would include Lafayette Blvd.in an area where such use is prohibited by the Municipal Code. Mr. Barnhart was asked if he could use an alternate route. He replied that any alternate route would require the moving of telephone wires and would be very expensive. Mr. Brunner said the Board.is sympathetic but the ordinance is clear in indicating that a house may not be moved down Lafayette Blvd., between LaSalle and South. He said the Board is on notice of the ordinance restriction and, unless there is a clear emergency, cannot deviate from the clear language of the ordinance. Mr. Barnhart said the alternate route would increase his costs by $1200. Mr. Brunner said the Legal Department would look into the matter to see if there is a way to accommodate Mr. Barnhart's objective. He said the position of the Board would be that they do not want a house moving down one of the main thoroughfares of the City, because if there should be a breakdown, there would be a tremendous traffic jam. Mr. McMahon also noted that a permit is required from the Building Department and a public hearing on the house move must be scheduled before the Board. Mr. Barnhart said he was aware of these requirements but wanted to get the route cleared so he would know what utility clearances are needed. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was referred to the Legal Department, Bureau of Traffic and Lighting and Building Department for further review and a recommendation for action.