New Ulm review., 1922-10-11
COUNCIL DEBATES
BARRING GARAGES
ORDINANCE is PROPOSED TO
PROHIBIT THEM NEAR
PUBLIC BUILDINGS.
OCHS REQUESTED TO TRADE
WITH SCHOOL BOARD FOR
ANOTHER SITE.

fuse a permit for the erection of a
garage on North Minnesota street, ad-
joining the Lincoln school property
the City Council at special meeting
Friday evening adopted resolution
providing that committee of three be
appointed to work with a similar COM
mittee from the Board of Education
to see whether A. C. Ochs, owner of
the property, could not be persuaded
to seek some other location for his pro-
posed garage.
Following this action the Council
passed a motion of Karl Aufderheide
instructing it's street committee to
confer with Albert Pfaender, city at
torney, for the purpose of drawing up
an ordinance to prohibit garages and
filling stations within a certain pre-
scribed distance of public buildings.
The committee was asked to report
at some future date. k%,...,.s
Mueller Addresses Council.
Immediately after the meeting was
called to order by Emil Mueller, presi-
dent of the Council, A. w, Mueller,
president of the Board of Education,
speaking for the other members of the
board who were present, declared that
it was up to the Council to decide
whether it was for the best interests
of the people of New Ulm to erect the
proposed garage.
"If you gentlemen feel that the build
ing should be erected, that it would
not be dangerous to children attending
the Lincoln school, grant the permit"
Mr.. Mueller declared. 1.-THE Board
of Education feels that it has done its
duty in calling the matter to your at
tention. l can assure you that there
will be no hard feeling over whatever
course of action you see fit to pursue.
Board Won't Buy Lot. q
"There are several things, however,
which l should like to bring to your
consideration. 1t has been suggested
that the school board purchase Mr..
Ochs' property. Mr.. Ochs wants
$4,000 for his lot and in addition in
terest on his investment and share
of the cost of preparing the plans for
his garage. This would bring the total
cost of the property to about $3,50O.
The school board met this noon and
decided it was not justified in spend
ing the taxpayers money for lot
which it does not consider to be worth
more than $1,500 or $4,000. i
"The Board of Education has two
good lots on North Washington street
and property on South Franklin street.
1t is willing to effect trade with Mr..
Ochs and feels that an unbiased ap-
praisal committee could be appointed
to place a value on the property in
question. We are not here to fight Mr..
Ochs or engage in any factional con-
troversy. But we feel that garage
near the school may endanger the lives
of children and the noise of it's opera
tion will interfere with school work.
Council Has Authority.
Mr.. Pfaender, upon being asked for
his opinion, declared that the con-
struction of the garage was matter
which rested in the sound discretion
of the City Council. If the Council
thought that the objections of the
School Board were we'll taken and the
proposed garage would constitute a
nuisance, it could refuse the permit.
If the Council acted in good faith the
courts would not interfere and there
could be no suit for damages.
Hereupon A. w. Mueller pointed
out that the State of New York had
recently passed law preventing the
erection of garages near public build
ings and he felt that the City Council
had the authority to adopt such an
ordinance in New Ulm. ',..
' Motion Is Lost.
II believe that if we grant a permit
. 4 II Isl
for this garage it will be an opening
wedge for garages and filling stations
near school property" Otto OSWALD
said. 81 have heard that the Coun
Gil will receive a request for permit
to construct another garage in this
same vicinity in the near future"
II feel that garage next to a schoo
house would be nuisance and make {
motion that we reject this request fol
a permit Mr.. Aufderheide said.
Upon roll call the motion for re
lection was lost by one vote. Those
who voted for it were Mr.. Oswald, Mr.
Aufderheide, and Jerry Reardon, Will,
it was opposed by Mr.. Mueller, William
Lieb, Frank Niemann, Sr., and Ckarle
Kuehlbach. RI. .s
Upon discussion ensuing as to Wheth