04-23-62 Council Meeting Minutes

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COMMUNICATION (continued) world -wide time intervenes. Therefore let us hope that any action which may be taken here will be based on a comprehensive unemotional recognition of all these considerations. Sincerely, /s/ Paul F. Jernegan Paul F. Jernegan P FJ"jh Chairman Enc• map copies to: S.B.Tribune Mayor Canfield Mishawaka City Planning Association Mishawaka Enterprise Mishawaka Times South Bend and Mishawaka City Councils Mayor Bruggner South Bend Civic Planning Association Councilman Tellson made a motion that the Communication be accepted and placed on file. Councilman Coleman seconded the motion. Motion carried. REPORT OF CONTROLLER FOR THE MONTH OF MARCH, 1962 Balance on Hand first of Month ------------------------------------------------------------------------- $3,165,460.23 Receiptsduring Month ---------------------------------------------------------------------------------- $1,191,734.87 Disbursements during Month ----------------------------------------------------------------------------- $1,235,066.66 Balance on Hand March 31, 1962 ------------------------------------------------------------------------- $3,122,128.44 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF CITY ATTORNEY Irving J. Smith South Bend City Attorney_ South Bend, Indiana RE: Ochstein vs. City of South Bend Injunction Suit Dear Mr. Smith: Pursuant to your request for status report on the above captioned suit we wish to report that no decision has been reached by the Marshall County Circuit Court as of this date. We were ih�hopes that the Judge would be able to give us a decision in time for the Monday, April 23, Council meeting but the said court has been involved with a jury trial which finished last Thursday and the Judge therefore did not have time to form his opinion in the interim. We feel that a decidion shall be reached some time this week and we shall inform you as soon as it is received. With reference to your inquiry as to the building permit issued to Mr. Ochstein for the subject premises at 2202 West Dunham Street, we wish to point out the fact that this permit was for the purposes of repairing an existing building at the rear of said premises. This of course is entirely proper inasmuch as the subject premises are located in the light and heavy industrial zoning district. We feel that the question of the junk yard has been mooted inasmuch as we have information to the effect that Mr. Ochstein is selling off the rear half of-the subject premises for ware- housing purposes. and that he intends to utilize the front yard for garage purposes and that he has abandoned the intention of utilizing said premises for junk yard purposes. In any event, we shall request of the Judge to render a decision so that the injunction suit may be finally con- cluded some time this week. Very truly yours, /s/ Norman Kopec Norman Kopec Asst. City Attorney NK /w CouncilmanColeman made a motion that the report be accepted and placed on file and that a copy of said report be sent to Councilman Muszynski. Councilman Allen seconded the motion. Motion carried, REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE STREET AND FUND.$50,000.00, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE CONTINUED IN THE COMMITTEE OF THE WHOLE UNTIL THE NEXT REGULAR MEETING. /s/ T. W. Lehman, Chairman April 23, 1962. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Coleman seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE OFFICE OF BOARD OF WORKS AND SAFETY - $500.00 The Ordinance was given first reading by title and second reading in full. Councilman Lehman made a motion that the Ordinance be set for public hearing on May 14, 1962. Councilman Glass seconded the motion. Motion carried. RESOLUTION WHEREAS, the conditions of the streets in the City of South Bend are in such a condition that may of them are in need of major repairs, and WHEREAS, such repairs will necessitate all available funds in the years to come, and WHEREAS, the present and future budgets of the Street Department are and will be strained by the constant repairs to unimproved streets, and