07-24-50 Council Meeting Minutes

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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