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Attorney George D.
Erickson Condemned Practice of Long Standing Within City Limits
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PROPERTY
DAMAGED -- OF BUT LITTLE VALUE
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Tax Levy for Ensuing Year Fixed at $100,000. This Is Reduction
of $25,000.
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Attorney George D. Erickson presented a petition to the city council, Tuesday evening, signed by forty-nine property owners in the south part of the city, asking that the machine being used to take out gravel in a pit back of block 136, be removed and that the nuisance be permanently abated.
After about an hour's discussion the council instructed City Attorney H. N. Somsen together with the City Engineer F. D. Minium to draft an ordinance regulating the taking of gravel from pits within the city limits and present it to the council.
Bone of Contention.
The taking of gravel from pits within the residence districts of the city has been a bone of contention for years, and the pits between Washington and Franklin streets in the neighborhood of Fifth, Sixth, Seventh and Eighth South streets have been under discussion before the city council upon several occasions during the past ten years.
City Can Act.
Attorney Erickson stated the taking of gravel from pits and damaging property in that part of the city is an outrage, and cited a method of procedure for the council to act upon, which would abate the "nuisance," as he termed it.
Mr. Erickson stated he owned a residence property between Sixth and Seventh South streets on Washington street, and that several years ago he had a purchaser for the property. He lost the sale because of the fact the gravel pit was so near the rear of the lot that the prospective purchaser was fearful his children would tumble into the pit and be injured.
The property is damaged in value and I cannot dispose of it, because of the gravel pit," stated Mr. Erickson. Mrs. J. F. Armstrong appeared before the council as one of the signers to the petition. She protested most vigorously against the taking of more gravel from the pit in the rear of the Armstrong property on South Washington street. She stated that if the activity was permitted to continue it would not be long before all property in the block in which the Armstrong home is located will be in the same status as the property in the block farther south.
Declare a Nuisance
Attorney Erickson stated it seemed to him from a legal standpoint the city council could declare the taking of gravel from pits in residential districts, which depreciate the value of the adjoining property, a nuisance. He pointed out that the city regulates almost every other class of activity within the limits and could see no legal reason why the taking of gravel from pits could not be regulated also. He characterized it a disgrace that the city permits a gravel pit like the one facing Franklin street in the south part of the city to exist.
He demanded the council take some action that would relieve the situation. After considerable discussion by council members and others, and after the statement had been made that this matter had been up upon a number of previous occasions and that different city attorneys had not found a way to alleviate the situation, as it still continues, City Attorney H.N. Somsen and City Engineer F. D. Minium were instructed to draft an ordinance for the regulation of the taking of gravel from pits within the city limits, and present it at a future meeting of the council for adoption.
Property Reverts to City.
Mr. Erickson explained, during the discussion, that the property in which the gravel pit was operated some years ago, located in Block 135, South, some day would be city property, as the taxes are delinquent. The action of the weather has caused the alley to cave in along a part of the block and at the present time it is impossible to use it. If caving continues it can be expected a part of several of the lots will tumble into the gaping hole.
This is what property owners fear in Block 136, South.
The following petition signed by forty-nine property owners in the south part of the city was presented to the council by Attorney Erickson: "We, the undersigned, do earnestly petition the Honorable Mayor and City Council of our city, to have withdrawn the machine being used to take gravel, and to permanently abate the nuisance of a gravel pit in the rear of Blocks 135 and 136, South, as it is not only unsightly, but greatly lowers the value of high taxed property on one of the best residence districts of our city, and is also a menace to children of the neighborhood, who may play too near its caving edges."
Tax Levy Reduced.
The tax levy for the ensuing year was fixed by the city council and is $25,000 lower than last year, when it was $125,000,the highest in the history of the city. The total levy next year was fixed at $100,000.
The comparative statement of the levies for the two years is as follows:
1925 1926
Administration $18,000 $15,000
Cemetery 6,000 2,000
Fire Department 12,000 10,000
Interest and Sinking 35,000 16,000
Park fund 5,000 5,000
Sewer fund 4,000 2,000
Street fund 35,000 40,000
Street paving fund 10,000 10,000
Totals $125,000 $100,000
Large Number Estimates.
A large number of estimates were allowed on city contracts, as follows: Estimate No. 2, Woodrich Construction Co., Minneapolis, paving Broadway from Center to Fifth North street, $11,570.96; estimate No. 2, the same firm, for paving Broadway from Center to Fifth South street, $13,077.30; a total of 3,624 cuble yards were excavated and 13,277.15 square yards of pavement were laid according to the estimates; estimate No. 2, Puhlmann Bros., curb and gutter on Center street from Washington to Garden street, $3,426.15; Puhlmann Bros., final estimate, curb and gutter on Broadway, $1,000; estimate No. 2, New Ulm Ice Co., grading Center street from Washington to Garden street, $1,534.43; estimate No. 1, curb and gutter on South Minnesota street from Second South to Sixth South street, $2,179.26.
Contract for Poles.
The mayor and city clerk were instructed to enter into contract with A. J. Vogel for the furnishing of a carload of poles to be used as electric light poles by the city. The price submitted was $10.40, each, for thirty-five foot poles and $12.35, each, for forty-foot poles. There were seven bids filed. Mr. Vogel's bid was the lowest.
Building permits were granted to H.N. Somsen to erect an addition to his business block and to Dr. O. J. Seifert for the erection of a garage.
Fred. Pfaender was re-appointed as fire chief, upon recommendation of the department.
John Dengler, Jr., was granted an electrician's permit.
There were 1,997 hours of hand labor and 740 hours of team labor expended on the streets of New Ulm, during the month of September.
The claim of E. B. Cooper for $69.84, remainder claimed due on contract for repairing the reservoir on the heights, was held up for further investigation.
John Ahrens appeared before the council and asked that the dump between Washington and Jefferson streets near the reconstructed High-way No.7, in the west part of the city, be removed. The matter was referred to the proper committee.
Capt. B. Groebner asked for the $250 annual Armory appropriation. This was granted.
Brown County Journal
October 8, 1926