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REGULAR MEETING NOVEMBER 13TH, 1950
Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the
Council Chamber, Monday, November 13th, 1950, at 8:20 P.M. with all members present. President Erler presided.
REPORT OF COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
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: October 23rd, 1950.
Councilman► Tellson made a motion that the report be accepted.
Motion carried.
COMMUNICATION
To President, City Council
Dear Sir:
WALTER C. ERLER )
STANLEY C. KORPAL) Committee
CLEM NIEZGODSKI )
Councilman_Niezgodsgi seconded the motion.
November 6th, 1950
I am writing you and Council as to service of the Northern Indiana Bus Co. which is not giving good service
and especially the North Side or the Western Ave. not on time and standing room only from three to six P.M.
Not having a car I use your busses often, so please consider my protest.
Yours for Better Service,
(Signed) C. Walter Stamm
1320 Belmont Ave.
Councilman Glass made a motion that-the communication be accepted and placed on file. Councilman Tellson
seconded the motion. Motion carried.
(Continued)
REGULAR MEETING NOVEMBER 13TH, 1950
RESOLUTION
'WHEREAS, under the Federal Housing and Rent Act of 1947, as amended, rent control will automatically terminate
on December 31, 1950, in those incorporated cities, towns and villages whose governing bodies do not pass a
resolution by that date-declaring that a shortage of rental housing accommodations exists, and
WHEREAS, the governing body of this city has duly considered the situation in reference to rental housing
accommodations within the City of South Bend, and
WHEREAS, a shortage of rental housing accommodations exists within the City of South Bend which requires the
continuance of rent control in the City of South Bend beyond December 31, 1950, and
WHEREAS, an interval of time is likely to exist between the expiration of the present Rent Control Act and a
new Rent Control law (which is expected to be passed by the Congress of the United States), which void will
cause great confusion, disturbance, doubt and uncertainty among both landlords and tenants,
NOW, THEREFORE, BE IT RESOLVED that the Housing Expediter of the Office of the Housing Expediter, Washington,
D.C., be notified that the governing body of the City of South Bend, after due consideration, is of the firm
opinion that a shortage of rental housing accommodations exists in the City of South Bend which requires the
continuance of rent control in the said City of South Bend beyond the date of December 31, 1950.
Councilman Niezgodski made a motion that the resolution be held in council for further study. Councilman
Muszynski seconded the motion. Motion carried.
FIVE MINUTE RECESS (8:35 P.M.)
Councilman Niezgodski made a motion for a five minute recess. Councilman Glass seconded the motion. Motion
carried and-Council adjourned at 8:35 P.M.
RECONVENED:MEETING (8:40 P.M.)
REPORT -OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF.SEPTEMBER, 1950.
Balance on hand first of month 3,475,312.20
Receipts during month . . . . . . 0 198,759.84
Disbursements . . . . . . . . . # . 478,538.45
Balance September 30th, 1950. 3,195,533.59
Councilman Niezgodski made a motion that the report be accepted and placed on file. Councilman Kemper seconded
the motion. Motion carried.
REPORT OF BOARD OF PUBLIC WORKS & SAFETY
Members of the Common Council
Council Chambers, City Hall
City of South Bend, Indiana
Gentlemen:
October 30, 1950
The Board of.,P41ic Works and Safety has authorized the installation of street lights at the following locations:
°
Fredrickson and O'Brien Streets; Johnson and Prast Boulevard; Fredrickson and Johnson Streets; Greenlawn at
Wilson Avenue; Greenlawn at Washington Avenue; Birdsell and Fassnacht Streets; Birdsell at the second alley south
of Fassnacht Ave.; Tonti Avenue between Hillcrest Road and Lafayette St.; Tonti Avenue between Lafayette and
Iroquois St.; Vassar and Sherman Avenues; Twyckenham Drive between Twyckenham Bridge and Hildreth St.; Wilson
and Olive Streets; Pershing and Olive Streets; Bergan and Olive Streets; Hamilton and Olive Streets; York Road
between Altgeld and Woodside Streets; Studebaker Sto second alley south of Fassnacht St.
The Board has also authorized the changing of red globes for white globes, raising the lumen output of these
lights to 2500 lumens, and putting reflectors on the light posts to mark the point of greatest danger on
Edgewater Drive.
Mr. Qualls informed the Board that the street lights at the following locations have been installed and are now
in service:
Rush and South Streets, southeast corner; Brookfield and Bergen Streets; Donald and Robinson Streets; Jackson and
Dubail Streets; Jackson and Calvert Streets; Laurel Street between Western and Monroe Streets; Jefferson Blvd. at
33rd Street; Inglewood Court in the circle; Inglewood Court at the elbow; Hollywood Place and Edgewood Drive;
Hollywood Place and Eastbrook Drive; Hollywood Place between Edgewood & Eastbrook; Hollywood Place and Lagoon
Court; Lagoon Court in Circle; Northview Drive and Riverside Drive; Joyce Drive between Lagoon Court and Northview
Dr.; Joyce Drive and Eastbrook Drive; Eastbrook = Drive between Hollywood P1.; and Joyce :Dr.; Joyce Drive and
Edgewood Drive; Edgewood Drive between Hollywood Pl.and Joyce Dr.
Very truly yours,
BOARD OF PUBLIC WORKS & SAFETY
(Signed) Freda G. Noble, Clerk
Councilman Niezgodski made a motion that the report be accepted. Councilman Tellson seconded the motion.
Motion carried.
REPORT OF CITY PLAN COMMISSION
To the Common Council
City of South Bend, Indiana
Gentlemen:
Petition of Arthur C.'and Ruth M. Welsheimer for change of zoning of Lots 6 and 7 in Burrough's Sub. except the
south 36 thereof from "B" use and "B" height and area districts to "C" commercial and "F" height and area districts;
was given public hearing by the City Plan Commission on November 2, 1950. This change is recommended as petitioned;;.
for.
These lots are on the west side of William Street at Navarre Street. Yours truly,
D. Moomaw, secretary
Councilman Tellson made a motion that the report be accepted. Councilman Niezgodski seconded the motion.
Motion carried.
(Continued)
MEETING
ORDINANCE NO. 3784
AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED,
WHICH ORDINANCE IS COMMONLY CALLED THE ZONING ORDINANCE
OF THE CITY OF SOUTH BEND.
(Lots 6 and 7 in Burrough's Subdivision)
NOVEMBER 13TH. 1950
The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for
suspension of rules. Councilman Bestle seconded the motion. Motion carried by a roll-call vote of 8 ayes -
0 nays.
The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays.
REPORT OF CITY.PLAN COMMISSION
To the Common Council
City of South Bend, Indiana
Gentlemen
Petition of Roy F. Denniston, et al for change of zoning of Lots 5, 6, 7 and 8 in Rockstroh Bros. Addition from
C height and area district to E height and area district was given public hearing by the City Plan Commission
on November 2, 1950. This change is recommended as petitioned for.
These lots are on the east side of North Michigan Street from Dinan Court to next alley north.
Yours truly,
D. Moomaw, Secretary
Couneilman'Korpal made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion
carried.
ORDINANCE NO. 3785
AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN
AS THE ZONING ORDINANCE OF THE CITY OF .SOUTH BEND, INDIANA.
(Lots 5, 60 7 and 8 in Rockstroh Bros. Addition)
The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for
suspension of rules. Councilman Bestle seconded the motion. Motion carried by a roll call vote of 8 ayes -
0 nays.
The ordinance was given third reading and passed by a roll call vote of 8 ayes - O nays:.
REPORT OF CITY PLAN COMMISSION
To the Common Council
City of South Bend, Indiana
Gentlemen:
Ordinance for zoning the Ej of Section 8, T 37 N, R 2 E as annexed to the City of South Bend by Ordinance No.
3766 and as sub di*ided.. The zoning of this property to be as follows : - Area No. 1 and Area No. 8, C -1 commercial,
and-D height and area districts; Area,No. 2 and Area No. 7, A residence and A height and area districts; Area
No. 3 and Area No. 6, B residence and B height and area districts; Area No. 5 and Area No. 5, C commercial and
E height and area districts. The proposed zoning was given public hearing before the City Plan Commission
November 2, 1950 and is recommended to the Council for their action.
This property is bounded on the south by West Sample Street, on the east by Lombardy Drive, on the north by
Linden Avenue, and on the west by Mayflower Road.
Yours truly,
D. Moomaw, Secretary
Councilman Glass made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion
carried.
ORDINANCE NO. 3786
AN ORDINANCE AMENDING ORDINANCE NO. 3702 OF THE ORDINANCES
OF THE CITY OF SOUTH BEND, INDIANA.
(East 1/2 of Section 8, Township 37 North, Range 2 East
as Annexed to the City of South Bend by Ordinance #3766
and as subdivided)
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 8 ayes -
0 nays.
The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays.
REPORT OF CITY PLAN COMMISSION
To the Common Council
City of South Bend, Indiana
Gentlemen:
Petition of Colpaert Realty Corporation et al for change of zoning of Lots No. 468, 489, 490, 597, 598, 599, 600,
601, 602, 709, 710, 711, 712, 713, 715 in Belleville Third Unit from D light industrial and E height and area
districts to B residence and A height and area districts; Lots 210, 211 and 212 in Belle Village Addition; Lots
No. 376, 377, 378, 485, 486 and 487 in Belleville Third 11nit, together with Section G and Section H in Belle
Village Addition from D light industrial and E height and area districts to C commercial and E height and area
districts was given public hearing before the City Plan Commission on November 2, 1950, and this change is
recommended as petitioned for.
(Continued)
•
is
0
REGULAR MEETING
(Continued)
These lots are on the north side of West Sample Street from Kenmore Avenue to the alley west of Gladstone Avenue.
You rs t ru ly,
D. Moomaw, Secretary
Councilman Bestle made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion
carried.
ORDINANCE NO. 3787
AN ORDINANCE_AMENDING ORDINANCE NO. 3702, ADOPTED JUNE 13,
1949, AND COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE
CITY OF SOUTH BEND.
(Lots on the North side of West Sample Street from
Kenmore Avenue to the alley West of Gladstone Avenue)
The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion
for suspension of rules.. Councilman Tellson seconded the motion. Motion carried by a roll call vote of
8 ayes - 0 nays.
The ordinance was given third reading and passed by a roll call vote of 8 ayes 0 nays.
ORDINANCE NO. 3788
AN ORDINANCE RATIFYING AND CONFIRMING TWO AGREEMENTS ENTERED
INTO ON THE 26TH'DAY OF OCTOBER, 1950, BY THE CITY OF SOUTH
BEND, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND
SAFETY, FOR THE PURCHASE OF LOTS NUMBERED 118 AND 119 IN
NORTHWEST ADDITION TO THE CITY OF SOUTH BEND FOR THE SUM OF
$5,000.00.
The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion
for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of
8 ayes - 0 nays.
The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays.
ORDINANCE
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 3743, COMMONLY
KNOWN AS FIRE PREVENTION ORDINANCE, ADOPTED ON APRIL 24, 1950.
The ordinance was given first reading by title and second reading in full. Councilman Tellson made a motion
that the ordinance be referred to the Committee of the Whole on November 27th. Councilman Kemper seconded
the motion. Motion carried.
ORDINANCE
AN ORDINANCE REDUCING CERTAIN ITEMS IN THE 1950 SOUTH BEND, INDIANA,
MUNICIPAL CIVIL CITY BUDGET; AND APPROPRIATING FROM THE GENERAL FUND
OF SAID CITY THE SUM OF EIGHT THOUSAND SIX HUNDRED ($8,600.00) 'DOLLARS;
AND ALSO APPROPRIATING FROM THE GENERAL STREET AND TRAFFIC FUND OF
SAID CITY THE SUM OF SIX THOUSAND ONE HUNDRED TEN ($6,110.00) DOLLARS,
ALL TO CERTAIN OTHER BUDGETARY ITEMS OF THE 1950 BUDGET OF THE
MUNICIPAL CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN
EXTRAORDINARY EMERGENCY.
The ordinance was given first reading by title and second reading in full. Councilman Kemper made a motion
that the ordinance be referred to the Committee of the Whole for Public Hearing on November 27th at 8L00 P.M.
Councilman Bestle-seconded the motion. Motion carried.
UNFINISHED BUSINESS'.
MINUTES OF MEETING ON SMOKE ABATEMENT AND
AIR POLLUTION
Mr. Erler called the meeting to order and explained that the purpose of the meeting was to.try to arrive at a
satisfactory program to approach the subject of an ordinance to control smoke and air pollution.
It was pointed out by Mr. Rudbeck that the offenders in the past two years had been more or less controlled
by the use of the "State Nuisance Law" and that certain success had been obtained in correcting offenses.
Mr. Rudbeek submitted the following list of offenders and what means were used or being used to correct smoke
or air pollution.
1. South Bend Elevator, Offense -cob burning -smoke and air pollution; Correction - closed incinerator and stack.
2. U. <S, Gypsum, Offense -mica dust; Correction -use of collectors under consideration.
3. Edwards Iron Works, Offense -coal smoke -hand firing; Correction- conversion to oil under consideration.
4. New York Central Switch Yards & Tracks, Offense -coal smoke; Correction -steam engines to diesel engines.
5. Indiana & Michigan, Twin Branch Plant, Offense -air pollution -fly ash; Correction- higher stacks.
6. Central High School, Offense -smoke thru inadequate, old and inefficient equipment; Correction - elimination
of power plant use of central heating system.
7. City Dumps, Offense- smoke -odors -rats; Correction -worse offenders closed.
8. Singers Mfg. Co., Offense -heavy smoke burning wood, waste,
9. South Bend Smelting, Offense -air pollution -odor;
10. Obrien Paiint ".Co., Offense - odors; Correction -spray collectors.
11. South Shore & So. Bend RR- LaSalle St., Offense - excessive dust; Correction - elimination of brick & dirt streets
12. Muessel Brewery, Offense- smoke;
13. City Schools, Offense- smoke*
This is not a complete list of offenders but was cited that effective controls can be had by education and
co- operation of all parties concerned.
It was pointed out that there was no general complaint in the city or county but the complaints were spotty or in
various neighborhoods and there were enough of them to justify some overall control for the entire area.
(Continued)
REGULAR MEETING NOVEMBER 13TH, 1950
There seemed to be mutual agreement of all concerned that a plan of action to be followed was:
1. A study of our actual conditions summarized by a group of people qualified to make such a study or survey.
2. Careful analysis of this survey or summary by a committee of qualified local technical men.
3. Formulate an ordinance which will give consideration to all present problems as well as control future
equipment and processes to control smoke and air pollution.
It was pointed out that approximately 70% of all smoke offenses could be corrected by education and installation
of more modern and efficient equipment, accessories and use of same.
Mr. Rudbeck pointed out that Bendix had installed one new steam generating unit and had effected a coal savings
of 6,000 tons of coal in one years time.
Mr. Bowman, Studebakers, verifies savings from new equipment and points out that many schools and small industries
could not afford financially to install new equipment but could stand costs of educational equipment such as:
CO2 Analyzers, Flue gas temperature Ind., Draft -gages, Overfire air jets,
Repairs to grate equipment, Tighten and seal refractory settings.
Mr. Lammers ask if any money is available in the city funds for putting into effect a smoke and air pollution
ordinance.
Mr. Erle stated that no funds were available in 1950 budget and asks what the cost of operation might be.
Mr. Lammers points out that a qualified Engineer to operate such an ordinance would cost from 10 to 12,000 per
year. He must have:
Office space and equipment; Laboratory space;
Assistants for field work; Chemist for analysis;
Secretary; Transportation.
No general cost was given but it can be seen that such a dept. would cost the taxpayers additional taxes.
Mr. Lammers felt that the proper approach would be a survey, analysis and co- operative educational plan to start
with, should this fail, then continue use of State Nuisance Law and formulate city ordinance.
Mr. Bowman = Studebakers - pointed out that air pollution was possibly the greatest offenders - and not smoke.
He explained that at one time they made a chemical analysis of the air at various points of the city and found
considerable contamination such ast acids - alkalis - coustics - color etc. He pointed out there were a number
of foundries in this area which pollute the air.
Mr. Lammers believed that the Indiana Coal producers Association could solve excessive smoke problems as far as
coal is concerned.
To summarize the results of the meeting the following was offered:
1. What is the problem? 29 What is in the air's
Survey of city by areas and groups as
1. Industrial; 2. Railroads; 3. Schools; 4. Small plants, apt. etc. Laundries.
5. , Public, Buildings.
Analyse weather and prevailing wind.
Follow this by analysis of those contributors to air pollution and smoke by determining causes.
4
Establish programs for offenders and general public.
1. Lectures; 2. Physcological effect; 3. Technical programs.
Coal heating service offers aid; Equipment manufacturers would suggest aid; Coal producers Association would aic
National Association of Power Engineers; St. Joe Valley Engineers.
Mr.. Howell pointed out the Mishawaka area would follow our lead in a definite program of smoke and air pollution
control.
It was pointed out that conversion to oil or gas was not a definite answer to complete elimination of smoke.
Formulation of an ordinance must give all due consideration to present and future contributors and not be of such
a nature to keep new industry away--or drive away those now in the city.
Meeting was closed with the thought that Mr. Erler would present the results of this meeting to the council for
approval, to call Mr. Lammers group to give us a survey which would be at no cost to the city.
Meeting adjourned.
Councilman Niezgodski made a motion that the minutes of the Anti -Air Pollution Committee be accepted.
Councilman Muszynski seconded the motion. Motion carried.
NEW BUSINESS
Councilman Korpal made a motion that bus company officials, union officials and bus riders be invited to attend
the next Council meeting on November 27th relative to bus - service rendered to the public. Councilman Niezgodski
seconded the motion. Motion carried.
There being no further business, Councilman Niezgodski made a motion to adjourn, which motion was seconded by
Councilman Korpal. Motion carried, and Council adjourned at 9 :35 P.M.
ATTEST:
APPROVED: