By Patrick Tepoorten

The Rush City Council and the Rush City School Board continue to be at odds over improvements to a parking lot (old bus garage site) located to the east of city hall, and district-owned gymnasium, and aquatic center.

Last summer, school superintendent Vern Koepp asked the city's permission to place a transportation communication antenna atop the city's water tower. The school district would agree to cover all maintenance costs, but asked that the city allow the placement free of charge.

In return, the city council asked that the district improve the lot to the east of city hall by installing a parking pad. The improvements sought included some leveling, and either a trap rock or "recycle" finish to the property. They also asked that the district share in some of the maintenance costs, primarily grading.

The two entities have been sending a memorandum of understanding back and forth for months, with each body making adjustments in its best interests. The latest draft was returned by the school board to the city council, at its regular meeting on April 23, and it included only trap rock for the west half of the lot, class 5 gravel for the east half, and no maintenance sharing agreement. Councilor Mick Louzek found the agreement unacceptable.

"We're saving them $30,000 over five years. But if the lot turns out to be a mess we're screwed," he said.

Councilor Jamie Amundson said doing a half and half lot "didn't make any sense."

Louzek made a motion to reject the changes made by the school board, and added, "If they don't want to do it, let them put their transmitter on their light tower." Amundson provided the second for that motion.

Mayor Jim Ertz argued that the lot would be a benefit to the city and would provide employee parking. Louzek, in turn, reminded Ertz that the pool and gym, both school property, rested on the same property and would see a benefit as well.

Ertz noted that the lot would make no difference to the district as it had already built a paved lot elsewhere, and because it had no interest in whether or not cars park on the street. Louzek again responded, saying, "They do care, because they want their transmitter on the water tower."

After further discussion, the motion to reject the school board's changes was rescinded in favor of tabling the issue, and making an effort to negotiate personally with school board chair Scott Tryon. Amundson and Councilor Nick Malchow were tasked with trying to resolve the issue.

In other city news:

• The public comment portion of the meeting centered on residents angry with the construction of a fence between the property at 45 W. 3rd Street and East Central Tire. Speaking on behalf of the property primarily was Trudy Kruse, who insisted to the council that the new fence encroaches on the property line.

According to city ordinance, a survey is not required to secure a building permit to construct a fence, as long as that fence is to be placed two feet from the property line. City administrator Amy Mell said that the tire business made it known to the city that it planned to respect the two-foot setback and thus no survey was required. Kruse insisted that it did not, and that the fence is on the property line, and in at least one area, over the line.

There was much back and forth between Kruse, homeowner Jesse Hedtke, and the city council over the city's level of responsibility regarding the misplaced fence, with Kruse stating that, since Public Works supervisor Ray Benolken did some measurements along Bremer Ave., he may have told EC Tire where to put the fence.

Mell insisted that, according to Benolken, no one from EC Tire was present when he made measurements and he gave no direction as to where the fence should be placed.

City attorney Joe Anderson informed Kruse that the city had no responsibility in the matter, as the ordinances were followed. He called it a civil matter and suggested that the family get a survey of the property to determine if the fence is encroaching. If it is, the city could demand the fence be moved.

Mell added that the practice of sending Benolken to sites to help property owners get general measurements will no longer be allowed.

• The city council gave its approval to the airport board to pursue its 2007 capital improvement plans. Included in that is the completion of an airport layout plan, pursuing roughly $180,000 in  federal reimbursement for land purchased by the city around the airport, and getting estimates for creating new hangar space, which  Mark Nelson, of Hawk Aviation, stated were needed to "keep up with the demand."

• County HRA-EDA director Chris Eng conducted a public hearing on the formation of an Economic Development Authority (EDA) in Rush City. An EDA would give the city greater latitude in land and business development in Rush City. At this time, the city is pursuing an EDA that would be advisory in nature.