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RSWUM MMING
JULY 24TH, 1950
Be it remembered that the Com®eon Council of the City of South Bend, Indiana, met in regular session In the
Council Chamber, Monday, July 24th, 1950, at 8:36 P -No with all members except Councilmen $orpal and
Kemper. President Erler presided. Present ex
XPORT OF COMMITTEE aK MINUTES
To the Common Council of the City of South Bendt July 24th, 1950
Your Committee on the inspection and supervision of the minutes, would respectfully report that they have
Inspected the minutes of the previous meeting of the Council and found them correct. They therefore recommend
that the same be approved.
Meeting of r July 10th, 1950#
WALTER C. ERLSR, SR.
CLEM NIEZGODSKI Commutes
Councilman Tellson made a motion that the report be accepted. Councilman Bestle seconded the motion. Potion
carried.
COMMUNICATION
Members of the Common Council
City of South Bend, Indiana
Gentlemen$ 17
July 21, 1950
The Northwest Property owners Association hereby reiterate their stand against Public Housin in the City o
South Bend and particularly in the northwest section of the city. g !
Whereas the home owners of the northwest section have, in order to pay for their homes, denied themselves of the luxuries of life and Peel that it is not fair to them to be called u on to m`ny
homes for those citizens who are not willing to make similar sacrifices to Pown their additional taxes to provide
Whereas the Mayor has publicly announced to the people of the southwest section of the cit that there be
no- public housing�.project in that section of the city, namely the Kemble Avenue site, we of the northwest° section
Peel that the Mayor is showing political favoritism unless he will publicly anaaunce to the people of the north-
west section that they will not be afflicted with a public housing
South Bend, he is obligated not to discriminate against a o project. As Mayor of all of the people o!
S �9 section.
'Whereas the building industry of South Bend is now operating at near full production capacity, we can see no
good reason for tfie government to go into the housing business in direct competition with private enterprise.
Whereas the Mayor has promised the citizens of the southwest section that there will be no public housing in that
section, it is our recommendation that the Kemble Avenue site be offered for_sale at public suction ther
returning this land to the tax duplicate# f eby
11
REGULAR MEETING_ - — - - -- _ — _ - JULY 24TH, 1950 --
Whereas the citizens of South Bend have by poll of public opinion taken by the South Bend Tribune g, expressed
themselves as definitely opposed to public housing in any section of the City of South Bend, we recommend that
our Mayor prepare an ordinance and the Common Council adopt it, covering the disposition of the Maggie's Court
and Kemble Avenue site by selling these sites to the highest bidder at public auction for development by
private enterprise and that this ordinoance provide for the abolishment of the City Housing Authority, thereby
settling this issue once and for ail, and to the satisfaction of a great majority of our citizens.
Respectfully submitted
1fORTHMIEST PROPERTY OWNERS ASSOCIATION
(Signed) Jno, Szymosak, President
" S. S. Laskowski, Vice President
F. Soniers, Viee President
" Floyd Wortht s, Secretary`
Councilman Niezgodski made a motion that the communioation be accepted and placed on file. .Councilman Tollson
seconded the motion. Motion carried.
commuNIwION
Members of the City Council
City Hall
South Bend, Indiana
Gentlemssr.
July is, 1950
The River Park Business Men's Association would like to go on record as supporting our Councilman Mr. Walter
Glass in regards to rerouting of the larger gasoline Tank trucks which go thru out City. We believe that it
would be to the best interest of the City of South Bend to have them routed around South Bend. Thanking you
in advance for favorable action in regard& to this-,matter *.
'Very truly yours,
EVER-PARK BUSINESS MEN'S ASSOCIATION
(Signed) 2. H. Halston, President
John Watson, Secretary
Councilman Teilson made a motion that the communication be accepted and placed on file. Councilman Niezgodski
seconded the motion. Motion carried.
TERMING THE POSSIBILITIES OF INCH
PROTECTION IN THE TRANSPORTATION OF PETROLEUM AND
Mr. William $osinski, Asst. Corporation Counsal, gave the following report concerning the possibilities of
Increased protection in the transportation of petroleum and petroleum products.
Tot The Members of the Common Council
of t he City of South Bend
Gentlement
Pursuant to your instructions issued at the regular meeting of the Common Council on June 12, 1950, the office
of the City Attorney has caused an investigation to be made into the matter of the transportation of petroleum
and petroleum produote in the City of South Bend, Indiana.
The investigation has pursued three (3) directions which are represented upon the attached memorandum, namolys
1. A study of the safety measures in use by trans•
porters of such products.
2. A study of plans concerning the routing of.through
trucks transporting petroleum or petroleum products
around the City of South Bend.
3. A report upon the possibility of developing additional
safety factors.
1. A STUDY OF THE SAFETY MEASURES IN USE BY TRANSPORTERS OF SUCH PRODUCTS.
The principal authority in the field of establishing safety standards for the vehicles which carry
flammable liquids is the National Fire Protection Association of Boston* A study of their recommended regulatory
standard reveals that the State Fire Marshall of Indian0as put into effect rules and regulations which are
substantially identical with those set up by the National Fire Protection Association. They are quite similar
to the regulations in offset in Wisconsin, Minnesota, and Michigan, and superior to those in effect in Tilinots.
We are informed and, therefore, report that most of the tank vehicles used by transporters of petroleum
products move from state to state, and are, therefore, equipped to meet the high standards in each state in
which they'are used, or likely to be used*
It would appear that the restrictions set up.by the State Fire Marshall meet the highest standards set
anywhere in the United States by cities or states, and that, therefore, there is little room for improvement
in this area, except as may be shown in the discussion contained under the third topic.
2. A STUDY OF PLANS CONCERNING TES ROUTING OF THROUGH TRUCES TRANSPORTING PETROLEUM OR PETROLEUM PRODUCTS
AROUND THE CITY OF SOUTH BEND.
It would seem that the most highly desirable arrangement for increasing protection within the limits of
the City of South Bend would be the creation of by -pass routes, which would make it possible for vehicles
transporting petroleum and petroleum products -to.avoid.those streets and areas in which traffic and population
both are congested.
It should be reported that prior to the time this subject was advanced in the Common Council that work
had already begun between the City of South Bend and the County of St. Joseph in an attempt by cooperation to
work out by -pass routes covering all through trucks and not limited to those transporting petroleum. On the
day of June, 19500 a meeting was held in which the City of South Bond was represented by Mr. Ernest
Miller, City Traffic Engineer, and at which time certain possible alternate routes for use as by -pass routes
were discussed. We have been informed that since that date additional work has been done in the development
of these routes.
The.office of City Attorney arranged to most with Mr. Schafer, Chief of the Traffic Bureau of the State
Highway.- .Commiasioat.. _He- _reporteds
That insofar'as an alternate route for trucks is eonooraed, Mr. Bchafer *s section does not have the,
authority to re -routs any truck regardless of its cargo for any reason other than a break dorm in the highway
surface caused by a particular truck or others. In other words, that departments regulatory powers are
predicted upon-and-have as their ultimate goal the maintenance of proper highway surface. So long as any cargo
carrier has a- proper PS.CeI* permit, he may use whatever roads are designated by such authority. Mr. Schafer
did point out that should any city provide a substitute route within its own.boundaries which would be satisfact
to the State Highway Commission, said Commission would then mark it as an alternate route, i.e., as Alternate
Me 4 or Alternate .U:.S. #31, but- the city would be charged with the maintenance of the surface of such
alternate route. Under such circumstances, the police officers within such city would then have the power to
arrest those who did not follow such alternate route. As the present laws are constituted, all cargo carriers
must follow a prescribed route. Were the Public Service Commission to =.-attempt to move certain cargo carriers
to certain rogde they would not then be able to deliver in certain areas. Quite obviously were this followed
,to its Hell extent the state mould be obliged to construct separate highways for the sole use of such cargo
carriers at a great and additional expense to the taxpayers. There is also of course the question of whether
or not such a move would be upheld as constitutional by the courts, inasmuch as it would be an attempt at
discrimination between certain commercial carriers. The possibility of the State marking as alternate route
roads without the city limits, but within the - County limits, is impossible because in so doing the state would
then.be charged with the maintenance of such roads. Since the Highway Commission is created by statute its
.powers are striotly set forth, and as presently- constituted they cannot take over any such additional routes.
. The Mayor has indicated a great and continuing interest in the development of by -pass routes, and we have
arranged that Mr. Ernest - Miller, the City Traffic Engineer, will keep this office continuously advised of
progress made along that line. Immediate reports will be furnished to the members of the Common Council.
3. A REPORT UPON THE POSSIBILITY OF DSVFLOPIBD ADDITIONAL. SAFETY FACTORS.
It is gratifying to report that the members of the Oil Distributors Association of South Bend Immediately
investigated a suggestion made by one of our councilmen concerning tho use of specially built rubber tanks, which
would set on the inside of the °heavy -steel or aluminum tanks carrying the petroleum products. We are informed
that a meeting was arranged with -a large industrial:..concern interested in the development of these products,, and
through the assistance of the Oil Distributors Association, <a contact was made with one of the large tank
manufacturers so that a special experimental rubber lining tank could be built and experiments made to determine
whether or not-such methods would decrease the dangers which inhere in the transporting of the petroleum products.
We are informed that this development is in the early experimental stage and that a substantial period will be
required before tire: line of ;sthe '°experimo%t can be established.
CONCLUSION:, We have been assurNd by counsel for the Oil Distributors Association that they will join with the
City-and the County in petitioning and in otherwise seeking to arrange reasonable by -pass routes, and that they
will in eveMrespect give fullest consideration to all our efforts along these lines. They nave also indicated
that the National Fire Protection Association and their own American Petroleum Institute, Division of Transporta-
tion, are continuously seeking to develop improved :.safety routes and devices. As these methods and devices are
perfected they will at once be installed on the vehicles transporting petroleum and petroleum products within the
city.
Respectfully submitted$
Councilman Tellson made a motion that the report of Mr. Hosinski be accepted and copy incorporated in.the minutes.
ounoilman_.Pliss , seconded the motion. ]lotion carried.
PE`!'ITION
City Plan Commis si on
South Bend, Indiana
Gentlemen:
The undersigned, owner in fee :simple of Lots Thirty (30), and Thirty -one (31) in Pleasant Home Addition to the
City of South Bend, St. Joseph County, Indiana, respectfully petitions as follows,,
That Lots Thirty (30), Thirty -one (31) and Thirty -two (32) in Pleasant Home Addition be rezoned from "B" resid
and "A" Height and Area to "C" Commercial and *D" Height and Area.
A Form of ordinance to be submitted to the Common Council of the City of South Bond, subject to your approval, is
herewith attached.
(Signed) Louis Fischer
Councilman Niezgodski made a motio Councilman Beetle
that the petition be referred to the City Plan Commission. Councilm Beetle
seconded the motion. Notion carried.
PETITION
City Plan Commission
South Bend, Indiana
Gentlemen s
The undersigned, owner in fee simple o£'Lot Numbered Three (3) in John F. Kirby's Addition to the City of South
•Bend, St.. Joseph County, Indiana, respectfully petition as followsr-
That Lot Numbered Three (3) in John F. Kirby's Addition to ,South Bend be rezoned from Light Industrial.and ,*30
Height and-Area to "C" commercial and "D" Height and Area.
A form of ordinance to be submitted to the Common Council of the City of South Bend, subject to your approval,
is herewith attached•
(Signed) Bertha Friedman
Councilman Tellson made a motion that the petition be referred to the City Plan Commission., Councilman
Niezgodski seconded the motion. Motion carried.
REPORT OF THE COMMITTEE OF THE WHOLE
To the-Common Council of the City of-South Bends July 240 1950
Your Committee of the Whole to whom was referred "An Ordinance reducing certain items in the 1950 South Bend,
Indiana, Municipal Civil City Budget, in sundry offices and departments thereof= and appropriating from the
General Fund -.at said City the sum of Ten Thousand Six Hundred Eighty -one Dollars and Fifty -five cents ( =10,681.55),
and appropriati from the General Rind of the Street and Traffic Fund of said City, the am of Six Thousand One
Hundred Dollars $6,100.00), all to certain other budgetary items of the 1950 budget of the Municipal Civil City
of South:Bend, ludiana, .and - declaring an extraordinary emergency'.
Respectfully report that they have examined the matter and that in their opinion this ordinance should go to the
Council as favorable.
CLEM NIBZGODSKI, Acting Chairman
Councilman Glass made a motion that the report be accepted. Councilman Tellson seconded the motion. Motion
oarried. -
REPORT OF THE COMMITTEE CF THE THOLE
To the Common Council of t1w .City or South -Bendy
July 24, 1950
Your Committee of `the Whole to whom was referred "An Ordinance providing for the appointment of three additional
Inspectors,, an additional assistant superintendent and of a clerk, in the several departments of the Municipal
Ci"vi1, City of South Bend, Indiana, fixing the salaries thereof, and appropriating from the General Fund of the
City of South Bend, Indiana, the sum of Six Thousand Eight Hundred Fifty -two Dollars and Ninety Cents (#6,882.90).
to divers accounts of the and declaring an extraordinary emergenWe
CLEM MINZGODSKI, Acting Chairman
Councilman Miezgodski made a motion that the report be accepted. Councilman Glass seconded the motion. Motion
carried•
REPORT OF CITY PLAN COMMISSION
TO THE COMMON COMIL
CITY OF SOUTH BEND, INDIANA July 8, 1950
Gentlemen:
Petition of Peter Gosnovich st al. as amended by attached letter for change of zoning of lots both sides of
Huron Street from Hoseiuszko Street to Jackson Street.was given public hearing May 4, 1950.
This change is recommended by the City Plan Commission as petitioned for including the lots enumerated in the
amended petition
:e-The location df these late is shown on the accompanying map CITY PLAN COMMISSION
outlined in red. The letter A.on.theee lots indicates single D. Moomaw, Secretary
family residenoes,.B indicates more than one family and, Y
2epresents vacant lots.
Councilman T411son made a motion that the report be accepted. Councilman Beetle seconded the motion. Motion
carried.
ORDINANCE NO, 3761
AN ORDINANCE AMENDING ORDINANCE NO. 5702 COMMONLY KNOWN
AS ' THR ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA.
(Zoning of- lots both- -sides of Huron Street from Kosoiuszko
Street to Jackson Street)
The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for
suspension of rules. Councilman Niezgodski seconded the motion. Motion carried by.a roll call vote of
6 ayes • 2 absent (Korpal and Kemper).
The ordinance was given third reading and passed by a roll call vote of 6 ayes • 2 absent (Korpal and Kemper).
REPORT OF CITY PLAN COMMISSION
To the Common Council
City of South Bend, Indiana
Gentlemen:
July 8, 1950
Petition of Mrs. Lloyd Dutton for change of zoning on West Ford Street-Dundee Street to Liberty Street was given
public hearing May 4, 1950.
This change is recommended as petitioned for.
CITY PLAN COMMISSION
D. Moomaw, Secretary
Councilman Niezgodski made a motion that the report be accepted. Councilman Glass seconded the motion. Motion
carried.
ORDINANCE N0. 3762
AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE
ZONING ORDINANCE OF THE CITr OF SOUTH BENDR,:MIANA.
(R`. Ford Street - Dundee Street to Liberty Street)
The ordinance was given first reading by title and second reading in fulls" Councilman NisagodskiInade a motion
for suspension of rules. Councilman Beetle seconded the motion, Motion carried by a roll call vote of
6 ayes • 2 absent (Korpal and Kemper).
The ordinance was given third reading and passed by a roll call vote of 6 ayes*. 2 absent (Korpal and Kemper).
ORDINANCE N0. 8763
AN ORDINANCE APPROVING CONTRACT MADE AND ENTERED INtO ON
BEHALF OF THE WATER WORKS DEPARTMENT OF THE CITY OF SOUTH
BEND, INDIANA, BY AND THROUGH THE BOARD OF WATER WORKS
COMMISSIONERS, AND CARL J. REINKE A SONS, IN THE SUN OF
$59850.00, FOR THE CONSTRUCTION OF ONE (1) WELL HOUSE.
The ordinance was given first reading by title- and second reading in full. Councilman Mussynski made a motion
for suspension of rules. Councilman Niezgodw4 seconded the motion. Notion Carried by a roll call vote of
6 ayes... -: 2. absent (Korpal and Kemper).
The ordinance eras -given third reading and passed by s roll call-vote of 8 ayes - 2 absent (Korpal and Kemper).
ORDINANCE NO. 3764
AN ORDINANCE APPROVING, R&TIFYING AND CONFINING A CERTAIN
CONTRACT AMD. -AMM MSNT MADE AND ENTERED INTO BY AND BST1Y&BN
THE._CITY_OF.SOUTH BEND,_ INDIANA, ACTING. BY AND THROUGH ITS
BOARD, OF PUBLIC. WCNKS .AND SAFETY, AND RORTMW INDIANA
TRANSIT, INC., ITS SUCCESSORS AND ASSIGNS, WHICH SAID
CONTRACT MATES TO THE RATES CHARGMFOR BUS TRANSPORTATION
SERVICE UPON CERTAIN STREETS, AND HIGHWAYS IN SAID CITY.
The ordinance was iven third reading and passed by a roll call vote of 5 ayes - 1 nay (Muszynski) 2 - absent
(Korpal an&-Xomper5.
ORDINANCE NO. 376,5
AN ORDINANCE TO AMEND ORDINANCE N0. 3702, AS AMENDED, WHICH
ORDINANCE IS. "WONLY CALLED THE ZONING ORDINANCE OF THE CITY
OF. SOUTH BEND. -
(North- side,. of Lincolnway West between College do Brookfield
Streets and first two lots on east side of Brookfield Street
North..of.Lincolnway West)
The ordinance wag given third reading and passed by a roll call vote of 6 area - 2 absent (Korpal and Kemper).
ORDINANCE N0, 3766
AN ORDINANCE ANNEXING TO AND MAKING A PART OF THE CITY OF SOUTH
BEND, INDIANA, CERTAIN REAL ESTATE IN SECTION (8), TOWNSHIP (37)
NORTH,, RANGE_ (2) EAST, IN ST. JOSEPH COUNTY,
The ordinance was given third reading and passed by a roll call vote of 6 ayes 2 absent (Korpal and Kemper).
E3 D_ MNCE 10o - 3767
AN ORDINANCE AUTHORIZING THE SALE OF A TRACT OF LAND OWNED BY
THE MUNICIPAL CITY OF SOUTH BEND LOCATED IN THE CITY OF SOUTH
BEND, ST.: dUSAPH .COUNTY,'INDIANA.-DESCRIBED AS FOLLOWS:
` Beginning on the north line of Pokagon Street at the west line of the alley
west of Michigan Street said point being twenty and four tenths feet (20.49)
44st of the - southwest Corner of Lot No. 26 of Leaper's Revised 2nd Addition
to the City of South Bend, Indiana, thence Northwesterly along a line a
distanco .of fifty -onw and three tenths feet (51.39) to a point, said point
being threat asst twenty --five hundredths feet (3.26 *) north of the north line
of Pokagon Street projeeted most and on the east line of the Michigan Central
Railroad right of way -line, thence Northwesterly on a one degree and twenty.
four minute (1 0240) curve to the right along said right of way line to the
south line of Angela Blvd., thence East on the south line of said Angela
Blvd, fifty -one and one tenth feet (El;l') to the west line of the alley
west of Miobi n Street, thence Southeasterly on a one degree twenty -four
minute (1024'rcurve to the left along the said west line of the alley
weat.,of,Miehigan Street to the place of beginning.
The ordinance was given first reading by title and second reading in falls Councilman Niezgodski made a motion
for suspension of rules. Councilman Tellson seconded the motion. Motion carried by a roll call vote of
6 ayes . 2 absent (Korpal and Kemper).
The ordinance was given third reading and passed by a roll call vote of 6 ayes - 2 absent (Norpal and Kemper).
ORDINANCE N0. 3768
AN ORDINANCE REDUCING CERTAIN ITEMS IN THE 1960 SOUTH BEND, INDIANA,
MUNICIPAL CIVIL CITY BUDGET, IN SUNDRY OFFICES AND DEPARTMENTS THEREOF;
AND APPROPRIATING FROM THE GENERAL FUND OF SAID CITY THE SUM OF TEN
THOUSAND SIX HUNDRN EIGHTY -ONE DOLLAR$ AND FIFTY-FIVE CENTS ($100681.58)0
AND APPROPRIATING FROM THE GENERAL FUND OF THE STREET AND TRAFFIC FUND
OF SAID CITY, THE SUM OF SIX THOUSAND ONE HUNDRED DOLLARS ($6,100000),
ALL TO CERTAIN OTHER BUDGETARY.ITSES OF THE 1960 BUDGET OF THE MUNICIPAL
CIVIL CITY OF SOUTH BEffD, INDIANA, AND DECLARING. AN EXTRAORDINARY
EMERGENCY.
The ordinance was given third reading and passed by a roll call vote of 6 ayes - 2 absent (Korpal and Kemper }.
65t
RMMAR MEETING - -- JULY 24THt 960
ORDINANCE N0. 8769
AN ORDINANCE PBDVIDING FOR THE APPOINTIMT OF THREE AMITIONAL
INSPECTORS, AN. ADDITIONAL ASSISTANT SUPERINTENDENT AND OF A
CLERK, IN THE SEVERAL DEPARTMENTS OF THE MUNICIPAL CIVIL CITY
OF SOUTH BEND, INDIANA, FIXING THE SALARIES THEREOF, AND
APPROPRIATIM FM THE GENERAL FUND OF THE CITY OF SOUTH BEND,
INDIANA,, TIM Ski_ OF. -SIX THOUSAND SIGHT HUNDRED FIFTY -TWO DOLLARS
AN1?.,xINETT.CENTS_..(J6,852.90)_ TO.3?rms ACCOIINTS OF THE 1950
BUDGET,. _ AND DARING _ AN EXTRAORDINARY EMERGENCY.
The ordinance was given third reading And passed by a roll call vote of 6 ayes • 2 absent (Korpal and Kemper).
NEW BUSINESS'
Residents in the vicinity of William Brinley, 1726 North O'Brien Street, complained that Mr. Brinley is running
a contracting business in an area zoned as residential and objected to the presence of heavy trucks and earth
moving machinery on the Brinley property. City Attorney Frederick Beer informed the group that if a representati,
would sign a complaint he would see that the matter was brought before City Court.
There being no further business, Councilman Niesgodski made a motion to adjourn, which motion was seconded by
Councilmen Muszynski. Motion carried, and Council adjourned at 9:55 P.M.
ATTEST: