Council Proceedings

[OFFICIAL. I COUNCIL CHAMBER. ) Ann Arbor, March lst, 1897. f Regular Session. Oalled to order by President Hiscock. Roll Called. Quorum present. xbsent, Aid. Grossman, Coon, Soule. OOMMUNICATIONS FROM THE MAYOR. To the Honorable the Common Council of the City of Ann Arbor. Gentlemen: - On entering upon the duties of my Office nearly twoyearsago I found the saloons and other places where intoxicating liquors were sold. were allowed to keep open f i-om 6:30 A. A. to 10 o'clock at night, standard time. This eustom was sanctioned by our City Officials and seerned to have the tacit approval of the citizens in general. And in consideration of the years it has been ia practice and the general satisfaction it has given, the present administration has failed to see any just reason why it should deviate from the path of its prodecessors as far as the time for opening and closing ia concerned, but there should be a definite time fixed by the proper authority. which power is by statute conferred on the Common Council. Our State Legislature of 1887-8 passed an act which establishcd the time of opening of any place where intoxicating hquors were sold to be not earlier than 7 A. M. and to close not later than 9 P. M. but the same Act grants to the Common Council of Cities the power to extend the time of closing to 11 o'cloek in the evening and to allow them to open in the morning as early as 6 o'clock. I would therefore suggest to your Honorable Body that you take a middle ground and by the ordinance fix the time of opening at 6:30 in the morning and that they be allowed toremain openuntil 10 o'clock in the evening, standard time. Warren E. Walker, Mayor. Aid. Maynard moved that the Communication be laid on the table. Adopted. PETITIONS AND COMMUNICATIONS. A petition signed by Charles Kingsley asking for return of taxeb was read and referred to to Pinance Committee. communicaiions'from the board of Public works. To the Common Council. The Board of Public Works wouid respectfully recommend that $25.00 be appropriated from the Street Fund to purchase gravel for in Wall street, the North Side Church having offered the City gravel at ten cents per load delivered. Glen V. Mills, Clerk of the Board of Public Works. Adopted as folio a's: Yeas- Aid. Maynard Moore, Koch, Laubengaver, Dell, Burke, Brown, Shadford, Rhodes, Cauy, Danforth, Pres. Hiscock- 12. Nays - None. fi nance. To the Common Council. Your Committee on Finance respectfully report that they have had the following bilis UDder consideration and would reoommend their allowance and that warrants be ordered drawn for the same. Respectfullv submitted, C. H. Cady,' Harrison Soule, Coinmittee on Pinance. CONTINOENT FDND. Glen V Mills, salary $ 83 84 l'atrick O'Hearn. " 83 34 Thomas D Kearney" 50 00 Charles il Manly, " 8 34 .Mis O A Ureene, rent ::i 17 City of Ann Arbor heat furnished 5 00 Btack & ëchmid, rent 10 00 Marvin Davenport janitorwork 1135 Aun Arbor Savlngs Bank accounts asslgned in iKi Glen V Milla, postage S25 Ann Arbor Electric Co lighting 4tT li) Sid W .Mili u ni printing 25 00 Hailey & Edmutuls repairs 5 '.!." Zenas 8weet serving subpoenas 17 20 DHlacock& Sou mal 19 80 Kenny & Quinlan repairs s 35 Inlancl Press, printing 21 50 EA Clark salary 25 00 Sheehan & Co., supplies ; 95 ,1 F Schuh entry fee 2 00 Kenny & Quinlan labor and supplies 5 76 Ann Arbor Saving Bank acet asslg'ed ;i no Dr John Kapp salary ;J7 ,"io Aiiti Arbor Register prititing 15 12 Eli W M-H. re salary 12 50 H B Dodsley sa lar v 25 00 E B Pond Justice fees 5 IS John Reynolds juror fiG Jos L líos1 iuror 50 I) Ktilson juror 50 ÍS.E Fildeu juror 50 Wm Meritheo juror 50 .1 .1 iVi .rusi ui juror 50 e .1 Snyder wit ness 48 David (Jrawford rent 10 00 Total g 9,si: 74 sewer FDND-General. E W Groves salary 75 00 strekt nms, Anu Arbor Savinirs Bank accounts asslsned them: Eratug White labor S 150 .M llrrcy labor 150 John Groff labor 1 50 Ed Hurst stone 1 ;íi John Klttle labor i ;,ii John Grolt " i M Charles Alber " 1 58 Ohauncey Thompson labor :; ii John Qrofflabor ' 00 Win l-'letcher labor '■ '. James Masón labor :i '. John McHugh " 150 Henry Hermann " l i: Herman Btierle " 1 ::; Ohauncey Thompson labor. ... 3 Ou li Frenen labor i W Julias Welnberg " 1.50 Eratus White " 1 50 Wni.l Bandall labor 1 50 Bennett Frcnch " 1 60 Mlchae) lleroy labor 1 50 Cnauncey Thompson labor 3 00 Adolph Finkblnder ; .... 60 Krnmtt l'rtïnch labor 1 50 James Masón labor 8 10 Antón Otto labo 8 08 Julius Welnberg labor l "o i Fred Keehler labor 2 10 Mlchael Ziefie " 2 10 John J Ferguson " 4 50 August Herman " 135 Mlcnael Herey " 150 Jacob Schnetter " 2 10 Chauncey Thompson labor 3 00 Mlchae] Williams labor (5 00 " ' ' 1 50 Win ,T Bandall labor 150 Gusta ve Wal ters labor Wl s; 7 State Savlnga Bank asslgned by Martin N.-igcl 1 SO Glen V Mills accounts asslgned 1 50 .! II Miller's Sons " '■ 1 60 Daniel .1 Rosa salary tit; 66 Martin Nagel labor. 3 00 Johü McHugb ■' 1 60 Julius Weinuerg " 150 John McHugb labor 15" Thomas Hannan " ti 00 John Kittle " 1 50 M M Wheelock " 1 '5 GeoFKey " 100 00 Total $2(M 24 PÓLICE FÜUD. M O Petcrson. salary and expenses. . .S 66 CO David Oollins, salary 50 45 John O'Mara, salary 50 00 Armbruster salary 50 uo Goorge Isbell, salary 60 09 Chrlstian Brenner livery 10) Total ? 2157 45 FIRE DEPARTMENT FUND. Fred Sipley, salary $ GO 00 CAEdwaivIs.. " 50 on II Mi-l-aren, " 50 o Max Whltllnger, " 50 00 AlbertWest, " 50 00 Eugene Williams, " 50 00 Herman Kirn. " 50 00 Samuel McLaren, " 50 00 i'lias Carrol 1 " 20 00 [mis Hoelzle. " 8 00 W L Schnicrle, " HBO Ed. Hoelzle. " s oo Win Rettich. salary 8 00 it'n Boelzlu 8 00 I. Rohde -.i;al 6 50 Q B Kelly Btraw 70 MliniiKüiiL'ir Schneider bran 1 50 E H Hall coal 21 48 Hark & Bassett coal 15 44 l.l Hallo; repairs 2 40 W 8 C rom wel 1 straw S 80 'at Glbney hay 7 16 VIrs Refttn raohtnx 5 00 l'.ciinv & Qalnlan suppltes BW OL ost team 250 00 Total $ 795 öa POOR tdlIS. l'red Sipley. saiary s J0 00 AnnArhoi' Ballroad frelghi 78 22 3 lf Uensmore wood ■:... 102 90 M Egan woud 3-) (i2 I Vol land wood , 3 00 I. Ronda wo.nl 5 07 GR Kelly wood 5 00 Anti Tramp Society labor 12 90 Wm Allaby shoes 1 ."xi Frank Burg, grocerles I5t F A Brown grocerles 169 P Bigalke, grocerles 5 00 E E Beal rubbers 50 Doty&Felner shoes 2 50 Bd Duffy, grocerles 300 Eberbach Drusr Co modicine 45 Mra Evans, aid 5 00 Eberbach Hardware Co saw 50 John Goetz, Jr.. grocerles 11 48 John Goetz & Son, groceries 10 58 L Gruner shoes 1 50 G Hoeffer groceries 6 00 E B Hall coal Jacobs & Allmand shoes 8 75 W I' IOdholz, groceries 9 50 Win lt Mi'lntyre. groeeries li 88 Manu Bros. medicine 60 j a. Ai&yiuiru ac i_o groceries ti 4S F Muehlii? coffin 10 CÜ I H Mlller"s Bons groceries 2 00 3'Hara, Boyle& Co, groceries 8 00 Kinsey&i-eabolt, grsceries 12 30 [1 Bicharás coal 10 50 0 Rinsey, groceries 7 35 Wm Reinhardt shoes 3 SS L Rohde coal ti 50 3taebler & Co groceries B 19 W 1' Btimson, grooeries S 56 Wadhams Kyiin & Reule clothing 5 00 Walir & Miller shoes :... 3 f)0 Chas Zuern, meat 1 30 Total S 423 36 RECAPITULATION. Contingent fuiid 3 986 74 Sewer Fund General T5 00 Street fund 260 24 Policefund 261 45 Firemen's fund ',c 53 Poorfund 423 3o Total 8 2814 32 Adopted as follows: Yeas - Aid. Maynard, Moore, Koch, Laubengayer, Dell, Burke, Brown, Shadford, Rhodes, Cady, Danforth, Pres. Hiscook- 12. Nays - None, Aid. Soule entered. ORDINANCE. Chairman Maynard introduced an Ordinance entitled "An Ordinance relative to the closing of saloons barrooms and all other rooms or places where intoxicating liquors are sold upon Sunday, holidays, election days and during the certain hours on all other days of the week, which was given its first reading by title. Aid. Moore moved that the ordinance be given lts second reading. Adopted. Whereupon the Ordinance was eiven its second reading by sections. SEWERS. To the Common Council : Your Committee on Sewers would report that they, upon the 26th day of February 1897, sat in open session as directed by this Council and listened to the parties interested in the contruction of a sewer in District No. 6. In the territory covered by said district as laid out by the Engineer in Sketch No. A. there are 400 pieces of property. At the session above mentioned 88 persons protested against the construction of such sewer or about one fifth of t.he property owners of said district and your Committee are of the opinión that of this number a large portion were unduly influenced by certain parties who misrepresented the facts in the case, or they would not have protested against the building of the ewer. Your Committee are of the opinión that it is a public necessity that a sewer be constructed in said district as petitional for by the residents of the same and so recommend to this Council. And further your Committee would recommend that the City Engineer prepare the necjsssary plans, specificationa and profile for the building of such sewer and tbat the Board of Public Works be authorized to advertiss and let the contract for building the sewer in said district Xo. ü. Respectfully subtnitted, John Koch, H. J. Burke, J. A. Dell, C. H. Cady. Committee on Sewers Adoptod as follows: Yeas - Aid. Maynard, Koch, Laubengayer, Dell, Burke, Brown, Soule, Cady, Danforth, Pres. Hiscock- 10. Xays- Aid. Moore, Shadford, Rhodes -2. LICHTING. To the Common Council : Your Committee to whom was red a petition for an electric light to be placed on the Corner of Kingsley and Nortn First street would report adveise to the petition. Iíespectfully, Harrison Soule, ('. H. Cady, H. P. Danforth. Commitee on Lighting. Adopted as follows: Yeas - Aid. Maynard, Moore, Koch, Laubengayer, Dell, Burke, Brown, Shadlord. Rhodes, Soale, Cady, Danforth, Pres. Hiscock - 13. Nays - None. BONDS. To the Common CoubcíI : Your Coramittee on Bonds report the bond of Hoohrein and Kraus with P. G. Schleicher and John Kapp as suraties and recommend the approval of the ame. Attthur Brown, teo. L. Moore, Committee on Bonds. Adopted as follows: Yeas - Aid. Maynard, Moore Koch. Laubengayer, Dell. Burke, Brown j Shadford, Rhodfts, Soule, Cady, Danforth, Pres. Hiscock. - 13. Xays - None. REPORÏS OF STANDING C0MMITÏEE3 To the Common Council: Your Special Oommittee to whom was referred the petition protesting arainstthe loeation of the stone crusher would recommend that the Board ol Public Works be directed to secure a location for the crusher which will not be so near the residences as to be objectionable to the people. Respeotfully submitted, John Koch, H. J. Burke, W. M. Shadford, Special .Committee. Adopted as follows : Yeas - Aid. Maynard, Moore, Koch, Laubengayer, Dell, Burke Brown, Shadford, Rhodes, iSoule, Cady, Danforth Pros. Hiscock - 13. Nays - None. REPORTS OF CITY OFFICERS. The monthly report of the city marshal and superintendent of the poor were read and ordored tiled. To the Common Council: Gentlemen:- In the matter of bringing suit against the Ellis Estáte to collect a certain judgment, that you referred to me, upon investigation I find that suit was begun by summons on the 7th day of May 1894. In my opinioD this action cannot be maintained and the case should be dismissed. The Common Council never ordered the repair of the walk in question and until notice to repair was given notice to repair was given no liability ensued. The case of Lynch vs. Hubbard et. al. reported in 101 Michigan on page 43 disposes of this case. This is a Detroit case and the provisión of the Detroit Charter relative to the point in question is similar to that contained in our Cljartor. In that case the Court says "that the lot owner is not liable uniess he has failed to construct or repair the sido walk after notice served upon him and after the Common Council has ordered its construction or repair." I would therefore recommend that an order be entered dismissing the case. Respectfully submitted, Thos. D. Keaney. City Attorney. Aid. Cady moved that the recommeudation of the city attorney be concurred in and he be ordered to dismis the suit. Adopted as follows: Yeas- Aid. Maynard, Moore, Koch, Laubengayer, Dell, Burke, Brown, Shadford, Itliodes, Soule, Cady, Danforth, Pres. Hiscock - 13. Nays- None.' To the Common Jouncil: Gentlemen :- In the matter of the petition of Philip Visel that you referred to me I shall report as follows: You will remember that Mr. Visel claims that he had an agreemect with Nelson Sutherland who was Street Commissioner at the time that in consideration of giving the City certain gravel the City would build his sidewalk. I do not understand that the Street Commissioner can bind the Ci'y by such contracts. But if Mr. Sutherland made such an agreement and the City received the benefit of it by using the gravel there may be sdme merit in Mr. Visel's claim. I would recommend that the matter be referred to a committee to investígate the facts and report their finding to the Council. Respectfully submitted, Thos. D. Kearney, J3ity Attorney. Aid. Brown moved that the recommendation of the City Attorney be concurred in. Adopted as follows : Yeas - Aid. Maynard. Moore, Koch, Laubengayer, Dell, Burke, Brown, Shadford, Khodes, Soule, Cady, Danforth, Pres. Hiscock- 13. Xays - None. Pres. Hiscock appointed Aid. Coon, Maynard, Koch, Laubengayer, Brown, Rhodes and Dauforth as such committee. To the Common Council : Gentlemen:-! haie investigated the facts set forth in the petition of Christian Mack that you referred to me and find that the City in 1889 opened Third st. from Huron to Washington-sts. and purchased part of the land for the same from one John Pfisterer upon which there was a mortgage held by Mack & Schmid. No release was obtained from Mack & Schmid at the time of the parchase from Pfistererand hev since have forclosed their morfcgage and the equity of redemption expired Ddcember 3rd 1896. I would recommend that this matter be referred to a committee to mak e the best possible scttlement with Mr Mack and if tbey are unable to make a reasonable settlement that proceedings be taken to condemn that part of the street covered by said mortgage. Respectfully submitted, Thos. D. Kearney, City Attorney. Aid. Maynard moved that the recommendation bo concurred in. Adopted as follows: Yeas- Aid. Maynard, Moore, Koch, Laubengayer.' Dell, Burke, Brown, Shadford, Rhodes, Soule, Cady, Danforth, Pres. Hiscock - 13. Nays - None. Pres. Hiscock appointed Aid. Cady Coon and Soule as such Committee. Aid. Maynard moved that the Clerk be directed to draw a warrant for $0.20 payable to Hardinghaus paymentif full for claim fur damayes. Adopted as follows: Yeas- Aid. Maynard, Moore. Koch, Laubengayer, Dell, Burife, Brown, Shadion), Rhodes, Soule, Cady, üanforth, Pres. Hisoock -13. A'ays- None. On motion the Couucil adjourned.