Council Proceedings

[OFFICIAL..] COUNCIL CHAMBBB, ) Ann Arbor, September löth, 1895. f Regular session. Called to order by President Hiscock. Quorum present. Absent Aid. Koch, Laubengayer, Prettyman, Cady. The Journal of the last regular session was upon motion approved. COMMUNICATIONS FROM THE MAYOR. To the Honorable the Covimon Council of the City of Ann Arbor: Gentlemen:- In accordance with a request of the Board of Regents of the University, I hereby appoint Hamilton Reeve as a special polieeman, to act without compensation from the City; his post to be in and about University pfoperty in the City. W. E. Walker, Mayor. Received and placed on file. To the Honorable Common Gouneil of the City of Ann Arbw: Gentlemen:- I desire to urge upon your honorable body the necessity of printing the ordinances now in force and in the hands of the compiler. Certainly time enough has elapsed for the completion of the work siuce it was begun. It is not fair to have ordinances witha penalsectionexistiiiK only in the original. The citizen has a right to know what the ordinances are. and not be left in the dark as he now is. I would advise that steps be taken by your honorable body to have the ordinances printed and placed in the hands of the people without further delay. I am now informed that even now some ordinances need amending, someneed re-enacting, and that tiiere isa number of other reaapns cxisting why tliis wojrk is not completed, and that further action is required by the Common Council tliereon before they will be ready for the printer. Has the compiler presented the matter i yod in proper l'orm foT action, f not. wliy nptï What rcason lias been assigned for i ie déláy? 1 desire to tnipreas upbn your honorable bo8y the aecessity of pninin-i tliose orcli nances at the earliest possible date. Warren E. Walker, Mayor. Aid. Taylor moved to reler the Cómmuiiiciiiion to the Committee on Or(1 i nance. Adopted. Tu the Honorable ('ontiuon louhvü of the ( 'ity of Ann Arbor: Gentlemen:-! note that there is iidersble property whieh was oviginally laid out and plattcd l'y the projnietors of the City of Ann Arlxir and dedicated as atreets and alleys tliat is now held by private persons ander claim of title. It seems that they #ained possessionby encroachment up nu the street or by enclosïng the same under no claim whatever. The charter provides in section 12 that no person shall be deemed to have gained any title against the City by lapse of time, to any street, laneor alley, common or public square heretofore laid out or platted by the proprietors of said City or any part thereof, by reason of encroachment or enclosure of the sime. Iftliis section means anything it means that private persons t-annot gain title to streets or alley s by simply taking and holding possession for the statutory period. I would advise your honorable body to take such action as in your judgeinent you deern best. to open and take possession of all the streets and parts of streets of the City now closed to the public. Delay causes complications, and the sooner the City asserts its rights and settles this matter the better it will be for all concerned. Twelfth street north from Huron street, and State street north from Fuller street to Broadway at the river bridge, being of the greatest importance at this time, should demand your special attention. W. E. Walker, Mayor. Aid. Brown moved that the communication be referred to the Street Committee and City Attorney. PETITIONS AND COMMUNICATIONS. A petition signed by Abraham Beek andeight Qthers asking for improvements on Sevënth i reel waa read and red to tin' Gommittee on Streets. The A un Arbor Streel Railway Co., Detroit, September 9th, L885. To the City Clerk, Ann Albor. Mich. Ymi are hereby notitied, that the Ann Arbor Street Railway Company, accepts the ammended ordinance granted by the Ann Arbor Board of Alderman on the 2(ith day of August, 1895 for the use of the streets the rein described for street railway purposes. A mi Arbor Street Railway Co., Per. John Winter, President. Received and placed on file. Lansing, Mich., September 3, 1895. Glen V. Mills, City Clerk. Ann Arbor, Mich. Dear Sir:- I have your official notice of resolution passed by the Common Council of the City of Ann Arbor, August 19th, '95, requesting that a flagman be placed on Fuller street crossing with the M. C. R. R. in that city. The same will be taken into consideration and the crossing inspected and will take such action in the matter as will be considered reasonable and just for all parties concerned. Yours respectfully, (Dictated.) S. R. Billings, ( 'ommissioner of Railroads Received and placed on file. Ann Arbor, Mich., Sept. 16, '95. To the Honorable Mayov, Common Countil and Board of Public Works, of the City of Ann Arbor: Gentlemen: You are hereby cordially requented to attend the secpnd animal Ten Mile Road Race given by the Wolverine Cyclers, Wednesday, Sept. 18, 18ü5 at 3:30 p. m. Very truly Yours, Wolverine Cyclers, Allen Smit h. President, JÍ. W. Staebler, ('hairnian Race Con,. Aid Taylor moved tliat tlie invitation be accepted by this Council. Adopted. To the Common Council: 1 heivliy respect fully tender my resiüiiation as poundmaster and reqaesi the ininiediate acceptance of thfi same. Kespeet fnlly. James W. öteen, Aid. Maynard moved tliat l lie resigoafcion le accepted by tliis Cnuncil. Adopted. KKPORTS OF THE STANDING COMJIITTEES. SIDEWAf.KS. To the Common Council: Your Öommitéee on Sidewalks. to whoni was referred 1 he pet il ion of the Ann Arlior Orpui Co. asking for the privftéfeeof building an areawáyálong t he soit,h sirle of their factory, woidd recommend that the petition be denied by this Couneil. Respectfully subinitted, Emmett Coon, W. M. Shadford, C. A. Maynard, H. J. Brown. Committee on Sidewalk. Aid. Brown moved that the report be amended by striking out the word "asking for the privilege of building nn area vvay along the south side of their factory." Adopted as follows: Yeas- Aid. Moore, Maynard, Snvder, Brown, Ferguson, Taylor, Shadford, Coon, Butterfteld, Pres. Hiscock -10. Nys- None. Aid. Allmendinger not voting. Aid. Prettyman entered. Whereupon the report of the Committee was adopted as follows; Yeas- Aid. Moore, Maynard, Snyder, Brown, Ferguson, Taylor, Shadford, Prettyman, Coon, Butterfleld, Pres. Hiscock- 13. Naya- None. Aid. Allmendinger not voting. To the ComrwÜi Couneil: YourCommitteeon Sidewalks would recommend that the following property owners be granted an extensión of time until next year to build tlieir walks providing the same are repaired this season. Joserm Donnelly along the west side of 73 E. Ann. Mrs. M. H. Taylor corner of Ingalls and Monroe. Mrs. L. Di Niles 10 Jefferson. Wm. Clever 14 Church. Reapectfully submitted, Emmett Coon. W. M. Shadford, C. A. Maynard. H. J. Brown, Oommittee on Sidewalks. Adopted as follows: leas- Aid. Moore, Maynard, Allmendinjrer, Snyder, Brown, Ferguson, Taylor, Shadford, Prettyman, Coon, Butterfield, Pres. Hiscock - 12. POLK K. To the Common Council: Your Committee on Pólice to whois was ceferred the petttlon trota the Wastatenaw County Fair Society aak?ing fora detail o'i pQÜecö during tlie county fair to'be heidon Sept. 'i ■i. '95, would recommend tliat the pett tion be handed to the Mayor for consideration, further M la thesense oí tbis Committee thai do1 more thao three pólice be furntehed by the city. C. A. Maynard. A. P. Ferguson, W. L. Taylor, Commtttee on Pólice. Adopted as follows: Yeas- Aid. Moore, Maynard, mendinger, Snyder, Brown, Ferjruson, Taylor, Shadford, Coon, Butterfleld, Cady. Pres. Hiscock- 12. Nays - None. BONDS. To the Common Council: Your Committee on Bonds t(i whom was referred the Liquor Bonds of John Schaible would report that they have had the same under consideration and would recommend the said bond with Christian Martin and Jerry Walsh as sureties be approved. O. E. Butterfleld, W. L. Taylor. Committee on Bonds. Adopted as follows: Yeas - Aid. Moore, Maynard.Allmending-er, Snyder, Brown, Ferguson, Taylor, Shadford, Prettyman, Coon, Butterfield,.Pres. Hiscock- 12. Nays - None. STKEETS. To the Common Council: Your Committee Streets would recommend that the Board of Public Works be ordered to surface that tion of Packard street north-east of the street railway tracks between Monroe and Hill with broken rock 4 inches deep.using the broken rocknow on hand. Respectfully submitted, W. L. Taylor. A. P. Ferguson, C. J. Snyder, D' F. Allmendinger. Geo L. Moore, O. E. Butterfield, H. G. Prettyman, Committee on Street. Adoptad as follovvs: Yoas - Aid. Moore, Maynard, Allmendinger, Snyder, Brown, Ferguson, Taylor, Shadford, Prettytnan, Coon, Butterfield, Pres. Hiscock- 12. Nays - None. To the Cominon Council: Your Committee on St reets would recommend Tli;it tTó be appropii&ted frcim ihc st reel Fund to cui and n'll Tappan Streel to the eataWished ynulf and that the work bedoneimmediately upon tlie completion of the si' wer. Respectfully submitted, W. L. Taylor, A.P. Ferguson, C. .1. Snyder, D. F. Allmendinu-er, Geo. L. Moore. O. E. Butterfield, II. d. Prettyman, Committee on Streets. Adopted as follows: Yeas- Aid. Moore, Allmenainger, Snyder, Laubengayer, Brown, son, Taylor, öhadtord. l'rettyman, Coon, Butterfield, Pres Hiscoek- 11. TCays - Aid. Maynard- 1. To the Common Council : Your Committee on Streets would recoinmend that tlie questlonof tiling the ereek on west Washington street be deferred until next year as in the opinión of the Committee, the present bridge should be replaced by a stone culvert instead of tile. Respectfully submitted, W. L. Taylor, A. P. Ferguson, C. J. Snyder, D. F. Allmendinger, Geo. L. Moure, O. E. Butterfleld, H. G. Prettyman, Committee on Streets. Adopted. To the Common Council : Your Committee on Streets would reconimend that the property ownere interested Id paving the gutter on Jíorth State tile i petition with this Council for the same, so that the proper ordinance can be passed and ;issesment made. Respectfully submitted, W. L Taylor, A. P. Ferguson, C. J. Snyder. D. F. Allmendinger, Geo. L. Moore, O. E. Butterfield, H. G. Prettyman. Committee on Streets. Adopted. To the Common Council : Your Committee on Streets to whom waü referred the petition of (reorge W. Bullis andothersrelatingto drainage of surface water, would report that tliey have had the matter under onsideration; that the Engineer lias prepared a map showing the territory which would bc drained md the property which would be benetited by the improvenient for which the petitition prays. Thai in the judginent of your Committee this is a proper case for the exeivise of the power conferrecj on the Councjl by becl tons 120 ;ind 124 of the charter and your Oommlttee would recommend that apon repelpi (.i ' : pi'üi ion signt-d bya majorlty oi i hé owners of the property to be beneBted by the plan proposedbytheenglneer the Councií establish a special draln district, construci thedrain and assess i be cqb1 theraof upon the pro] erty beneflted, accordlng to law. I leapeotiully submitted, W. L. Taylor, A. I'. [TergusoB, C. .I. Snyilcr. D. P. ADmendinger, Geo. L. Moore, O. E. Butterfteld, H. G. Prettyman. ' Committee on Street3. Aid. Prettyman moved that the report be placed mi the talilc vi ii t i 1 the next regular sessioii. Adopted as follows : Yeas - Aid. Moore, Maynard, Allmeiidinger. Snyder, Brown, Ferguson, Taylor, ShadJprd, Prettyman, Coon, Buttertíeld, fes. Hiscock - 12. Nays- None. To the Common Council : Your Committee on Streets. upon whose recommendation a grade was adopted for South University Avenue, and the Board of Public Works directed to irnprove the Street in accordanee with such grade, beg leave to report that after the work of improving said street was in part completed. various andundry protest carne to the k'nowlege of your Committee f rom persons living in the vicinity wlio claim that a great and irreparable injury has been and wasbeingperpetrated in and upon their private property. That your Committee prompt ly and courteously waited upon the aforeeald indignant persons; and bore their criticism, somë oí which were not a little unreasonable.like men of ehivalry ; that they found uon South Un versity Avenue a maas of earth piled high in the middle of the Street; and f rom 6 to 8 inches above the grade reeomnended by your committee, and dopted by the Counfil; that they were informeel that. the inhabitanta along the line of the street had been instructed by themembersof the ioard of Public Works, tliat the treet committee, the humble body vliic.h qow addressea you. was doing theworkat that point, tliat It, Jfour ■oinmitti'c. was responsible tor the vhole matter lncluding,the grevances if which complaint was made. and liat it was the Inexcuseable incomietence and blunder'íng efforts of yóuï comroitte which cönsi ituted the In91 rument "f tliis monstrous peraecu1 ion of t lic innocent. Thai all tliis tbey endure withoui ainching, together with TLe irony. sarcasm, Invective and even insult amouni ing to a Litoral threat of violence of a cerlain ex-ollicial wlio OCCUpicd the position of mere spectator passing alpng the in road.treating the later however,with becoming dtodain. Your Committee would further report tliat they have -nee been 'örmed by theCity Baglneer that we fradestakes for t lie tmprovemeni apin rlif western portion of said Avenue were by mistake set ti Inchea too liigh tlms accounting fully for the excess of earth that had been placed upon the street. Your committee would further report that no memoer heard any oomplaint in reference to tliis work until the sanie was almost oompleted, that the attention of certain members of the Board of Public Works, as your conimittee is informeel, was called to, at a stage when it would appear to the must casual ebserver that toraetblng must be the matter, and that they, instead of DOtifylng the Street Committeeor in vest igat ing fort hemsel ves and QOmpariog the work wit h the drawings on tile in the office of the Engineer. from which it is perfectly apparant that au error has been made. simply informed the people. that the Street Committee had done the work and that the same was under the supervisión oí that organization. Your Committee wou ld further report that it has made no mistake in relat ion to South University Avenue and bas nothing for which to offer an aixilogy and that it does not anderstand that any of the work upon the streets, is done under its supervisión. That the Engineer admití that the errorwas nis and that the greatstakes have now been lowered to correspond with the grade as recommended by your committee in the tirst ínstame. Your eonimittee would furtlier report tliat the extra eart li whieh now lies upon Boutn University Avenue is all needed to perfect the parking alonar the center of the Avenue and they ren mimend that the saine be moved OÍI tlie street and placed upon sail park at the expense of the Engineer. Kespectfully submitted, W. L. íaylor, ( '. .1 . Nnyder, A. 1'. Fergusoa, I . V. Allniendinger, O. K. Butterfli G-eo. L. Moore, II. (I. l'rettyman, Committee tío Street. During the discussion Aid. Maynard moved that the citizens preseni and interested be granted pennission to addrese the Counctl. The report of the oommittee wás adopted as fol]nv: Yeas. - Ali. Moore, Maynard, Allraendinyer, Snyder, Brown, Ferguson, Taylor, Shadford. Prettynian. ('oon, Butterfleld, Fres. Hisoock I-. Naya- None. To tho Common Council: Your Committee on Streets would recommend tliat the Board of Public Works be directed to advertize for ids for completing the south half oí lie park on South University Avenue with coping stone and One foot in width of sod and report to the Council it its first Oetober meeting. Respeotfuüv submitted, W. L. Taylor. A. P. Ferguson, ( '. .1 . Snyder, D. F. Allmendinger, Oreo. L. Moore, O. E. Butterfield, H. G. Prettyman, Committee on Streets. Adopted as follows : Yeas - Aid. Moore, Maynard, Allmenlinger, Snyder. Brown, Ferguson, Tayor, Shadford, Prettyman. Coon, Butterfield, Pres. Hiscock - 12. OBDINANCE. An Ordinance relative to Electric Lightand lighting and to prescribe the duties and defino the right of the Company entering into the contract for lighting the streets. alleys and public places of the City of Ann Ardor, was given its third reading by sections u])on wliicli the qnestlon was put "Shall this Ordinance pass.'' Adopted as follows. Yeas - Aid. Moore, Maynard. Allmendinger, Snyder. Brown. Ferguson, Taylor, Shadford, Prettyman. Coon, Butterfield, Pres. Hïscock 12. Nays- None. RE80LUTI0NS. By Aid. Butterfield. Wliereas:- Au AMerman basstated In open session t ha t thia Council has larned the reputation of being the must extra vagani Council the City has ever h;ul. and Whereas: The facl is that the total oí appropriat long for t he year 1895 for which i hK Gouncil is fesponisble is less than t as in 1893 ot 1894. Therefore BesolveA: Thai this Council do and hereiiy does record its emphathic de lal of the charge. Adopted as follows: Veas- Aid. Moore, Maynard, Allmendinger, Synder. Brown, Ferguson, Taylor. Shadford, Prettyman, Coon, Butter field, Pres. Hiseock- 12. Nays - None. By Aid. Prettyman. lit.soimi, That the ose oí Maln-st. trom Liherty-st. to the city limits be gran ted to the Wolverine Cyclera ror tlie purpose ol holding a road race Wednesday, September i. from 3:30 to 4:.É!0 p. m. Adopted. By Aid. Brown. Resiiirxt, Thatthe Iightlng oommitteebeandare hereby instrueted toascertain [fa better methodoi lighting the court house clock cannot be found and adopted. Adopted. By Aid. Taylor. Beáñved, That the Board of Public Works are hereby i nstrueted to turn isli this oouncil at lts next regular meeting plans and an estímate of 0081 of a suitable shed in which to store the stearn road roller: said shed to be located on the city property adjoinlng Firemans' Hall. if found feasible. Adopted as folio va : Yeas-Ald. Moore, Maynard.Allmendinger, Snyder. BrownFerguson.Taylor, Shadford, Prettyman, Coon, Butterfield, Pres. Hiscock- 12. Nays- None. On motion the Council adjourned. City Clerk.