The URL can be used to link to this page

Home My WebLink About08/13/1947 Board of Public Works Special Meeting MinutesAugust 11, 1947 319 A regular meeting of the Board of Public (forks was held on It11onday, August 11, ,1947 at 8:30 A,Y. All members were present. Minutes of the last meeting were read and approved. Salary claims in_the amount of 1.5,444..97 were approved and ordered paid. There were no claims of suppliers to be approved. TRAFFIC DEPARTI1NT: The Traffic Department being in need of a paint marking, mach- ine, the Clerk was directed to write to Dealers for bids for same.. ENGII�'ERING DEPARTIJENT: Contractorts Bonds were approved and ordered filed for • JCarl J. Reinke and Son and the Reed.Construction Company. An Excavation bond,was approved and ordered filed for the Reed Construction C oripany, The Leslie Colvin Construction Company was granted permission to occupy a part of Lain and Wayne Streets for the construction of the Indiana Bell Telephone 'Company building from August 15, 1947 to October 15, 1947. I� The City Plan Commission.indicated by letter that they approve the vacation 'Nest of the first alley of Ironwood Road running South from Ewing Avenue to the Alley South of Ewing Avenue and the City Engineer was directed to prepare a vacation resolution. I A petition to vacate Dill Street from the North Line of Napoleon Street to the South line of Peashway Street and from the North line of Peashvay Street to the South line of Angela Avenue, which_had been presented to the City Plan Com- mission at their meeting of August 7, and on which no action was taken, was<dis- cussed by the Board but no action was taken pending further investigation. STREET DEPARTIZJNT: Tdr. Casimer Balka, Street Commissioner, was present and matters ;pertaining to his department were discussed. Irene Kolman, RoseHarringer and Lottie Borkowski, representing Pose 3194, �Veterans Foreign came before the Board to ask to close Grant of ;Mars, permission Street from Huron to Ford Street on August 23, 1947 from 6:30 to 12:00 midnight for an open house. Permission was granted. � t The Board approved a payment to be made to Andrew Toth of 6,018.80 as r the balance due Mr. Toth on his contract for drawing the plans and specifications for the Street Department Building. I,11r. Howell came before the Board to ask permission to barricade Monroe and Edgewater Drive, Arch Avenue and .Edgewater Drive and Bronson and River Avenues, for a boat race and show. The Dca rd took the matter under advisement. i� • CEI�E]TERY DEPARTUTEI T: Mr. Stanley Leszczynski, Sexton, was present and matters (pertaining to his department were discussed. There being no further business to come before the Board, the meeting was adjourned at 10:00 A.11,.„ AT7a44,� V = lU C1 40AIRD • i OF PUBLINORKS August 12, 1947 An appeal having been filed by the Northern Indiana Public Service Company for granting -.a building Permit, notices were issued to members of the Board to call a special meeting of the Board of �`7orks 'aednesday, August 13, 1947 at 9:00 A.M. j� August 13, 1947 A special meeting of the Board of Public ' orks was held on Wednesday, August • i! 13, 1947 at 9:00 A.Ii. pursuant to notice. Mr. Cummings was absent. • The meeting was called for the purpose of hearing an appeal of the Northern Indiana Public Service Company, as follows: BEFORE TIC BOARD OF PUBLIC WORKS & SAFETY CITY OF SOUTH BEND, INDIANA IN THE MATTER OF TIL APPEAL OF THE NORTHERN INDIANA PUBLIC SERVICE COMPANY FOR THE GRANTING OF A BUILDING PERMIT APPEAL OF THE NORTHERN INDIA,3A PUBLIC ;SERVICE COMPANY FOR THE GRANTING OF A BUILDING PERIJIT 320 Northern Indiana Public Service Company, hereinafter called appellant, for its appeal herein respectfully shows: 1. Appellant files this appeal with the Board of Public Works and .Safety of the City of South Bend under and pursuant to the provisions of the Building Code of said city, the same being Ordinance No, 2243, as amended, and particularly Section 19 thereof, 2. Appellant is a public service corporation and a public utility engaged in the manufacture; distribution and sale of gas to the citizens and residents of the city of South Bend#. 3. Appellant is the owner of the following described real estate in St, Joseph County, Indiana: Lots lettered A and B and Lots numbered 128, 129, 130, 131, 138 and 139 as sh on the Recorded Plat of Wenger and Kreighbaum's Second Addition to the City of South Bend, and also the vacated alleys adjoining said lots, 4. Appellant desires to erect a gas holder or tank.approxi-mately 218 feet in diameter and 371 feet high, the center of which will be located approximately at the northeast . corner of said Lot 128 in, v enter and Kreighbauro-'s Second Addition to the city of South Bend. 5, On the 12th day of August, 1947, appellant filed its application with the Building Commissioner of said city for a per::lit to erect the above described gas holder or tank and offered with said application two identical complete sets of working draw- ings and specifications, the requisite fees, and a certificate in w hich appellant state that the work called for complies in spirit and letter with said building code. The working drawings and specifications for said gas holder have been prepared by the Koppers Company, Inc., specialists in designing and constructing gas holders and nation ally recognized in that field for such work. 6. On the 12th day of August, 1947, said building commissioner denied said application upon the ground that said gas tank involved ordinary construction, known as type 4, as defined in Section 75 of said building code, and that said gas golden being of Type 4 could not be more than 3 stories nor more than 40 feet in height as provided by'Section 105 of said code, 7. Appellant says that said proposed gas holder is not a type of construc- tion defined or provided for by said building code; that said ordinance prescribed no limitation of height for the construction of a gas holder or tank; that under and by virtue of Section 23 and Section 36 of the building code appellant is entitled to a permit from said Building Commissioner for the building of said proposed gas holder or tank. S. Appellant says that said Building Commissioner, because of the matters and things hereinabove set forth, has erroneously interpreted said building code and because of such erroneous interpretation has wrongfully declined to issue the building permit sought. [HE-MEFORE, appellant respectfully prays (a) That the Board of Public jlorks and Safety of the City of South Bend promptly convene and hear this appeal and appellant's complaint and such evidence as said Board deems appropriate in the premises; (b) That said Board determine that the Building Code of the City of South Bend places no restriction on the height of the gas holder which appell- ant desires to erect; (c) That the Building Commissioner be ordered to issue the permit desired fo the construction of said gas holder by appellant. - Aaron H. Huguenard Attorney for appellant NORTHERN INDIANA PUBLIC SERVICE C01,+1PAM1 BY: George Bennett, Isanager, Appellant Tar. Aaron H. Huguenard, Attorney for the Northern Indiana Public Service Company, asked the Board for an interpretation of the building code. Mr. John Montgomery, member of the Board of Public lVorks, asked first for Mlir. Dalton Moomaw!s reason for denying the permit. (Tclr. I;Toomaw being the Building Commissioner.) (� Mr, Moomaw: The classification of buildings by types of construction in the I building code is for the purpose of more convenient designation in stating the restrict ions placed upon each of the several kinds of structures. Those five types of con- struction are presumed to include all buildings that will be erected. The heights of the several types of buildings is limited by the code not merely as a measure for safe. design, but for convenience of access, fire safety and as an aesthetic consideration which must enter into rational planning. Vlhether or not conditions have changed from the time the code was written, it is evident that it was intended to put a height limit on all buildings in the city, with a maximum allowable height of 150 feet, and the classes or types of construction were intended to include all that would be built. We do not propose to go into the sky -scraper class like New York or build up a sky- line as San Francisco, but to limit the height of buildings that are desirable in South Bend. If any construction is used which does not classify as one of these types, that fact does not remove it from the intended height restriction. If if cannot be classified as a type designated by the code, a new type should be created by amendment to the building code and its allowable height prescribed. • • • • • • 0 321 After a full discussion of the matter at hand the Board withdrew to consider the case and the following decision was reached: BEFORE THE BOARD OF PUBLIC WORKS & SAFETY CITY OF SOUTH BEND, INDIANA iI IN THE MATTER OF THE APPEAL } �IOF NORTHERN INDIANA PUBLIC. } SERVICE COMPANY. FOR THE GRANTING } • I OF A BUILDING PERMIT } �f ORDER UPON APPEAL OF NORTHE N INDIANA PUBLIC SERVICE COMPANY The above entitled matter this day came on to be heard upon the appeal of Northern Indiana Public Service Company in respect to the interpretation of the Building Code of the city of South Bend.by the Building Commissioner of the City of South Bend, i The Board being attended by Dalton iioomaw, Building Commissioner of the City of South Bend, and Northern Indiana Public Service Company through its attorney, 1Aaron H. Huguenard, and having examined the application fora building permit to erect a gas holder or tank and the appeal of Northern Indiana Public Service Company land having heard evidence and being duly advised in the premises finds: 1. The proposed structure described in the application of Northern Indi- ana Public Service Company, appellant herein, for a building permit and in said appellantts appeal does not come within Type 4, Ordinary Construction, as described in Section 75 of said Building, Code, nor within any other type of construction described,in said Code and numbered, 1, 21 3, and.51 respectively, and found in Section 55, 68, 71 and 76'of the Building Code,' • I1 2. The proposed structure as described in appellant's application and' is`not covered by the Building Code except as to the building permit re- �11appeal �quired by'Section 23 of said Code. DONE this 13th day of August,-1947, Raymond S. Andrysiak " John Id. Montgomery As members of the Board of Public Works and Safety of the City of South Bend. • There being no further business to come before the Board, the meeting was ad- journed at 12:45 P.M. tRS 1 e ric - • �I August 18, 1947 A regular meeting of the Board of Public UUorks was held on Monday., August _I18, 1947 at 8:30 A.IMl. �r. Cummings was absent. Minutes of the last meeting were read and approved. There were no claims of suppliers to be approved. TRAFFIC DEPARTMENT: Three bids from Dealers having been received for a paint mark- ing machine, the Board accepted the bid of the Indiana Equipment Company for 1 lMleili-Blumberg Model 3-SL Motorized iLLarker at a price of 5�400.00, their bid being, in the Boardts opinion, the lowest and best bid received. • �jENGIU=RING DEPARTMENT: A petition was recieved from property owners in the 700 'block on South lain Street and in the 100 block on Tutt Street regarding the nuisance iof coal dirt blowing in that territory during the loading and unloading of coal. �Ris was referred to the City Engineer for investigation. The Board approved a replat of Boulevard Park, an addition to the City of South ;Bend, St. Joseph County, Indiana including all land in Boulevard Park as originally ;platted and recorded in Plat Book No. 13, page 84 of the records of the St. Joseph IlCounty Recorder. �i Contracorts bonds in the amount of $1,000.00 each were approved and ordered filed for Octave Tan Den Borre and Michal TomaszewsTui & Sons. • ! A petition was received asking for the paving of Huron Street from Bendix Drive west to the alley between Libety and Camden Streets and also a petition asking for the paving of Liberty Street from Western to Sample Street. These were referred to Ithe City Engineer for investigation and report, il 1