At the October 10 Rushford Council meeting, an offer to purchase the city’s former municipal liquor store building, located at 409 South Elm Street, was presented by real estate agent Rodney Darr. The offer, from Destiny Life Church, was the first solid offer the city has had on the site, which has stood vacant for years.
The strange saga of the store started with the flood of 2007. Due to damage, the original building was replaced with a new facility, paid for, in part, with state and Federal Emergency Management Agency funding. December 31, 2010, the council voted 4-0 to close the on-sale portion of the business due to lost profits for three years prior. Off-sale liquor at the site remained available until the following year.
May 9, 2011, the council gave the store 60 days to show a profit. At the following council meeting, May 23, a motion to closed effective June 1 was passed. A petition followed in late June and the closing was put up to voters that fall. In November, the decision was made, in favor of closing the site for good, on a narrow 56%, or 352-277, votes.
Since then, the city has debated multiple suggested options for the facility, ranging from a new location for city hall, the public library, or some leasing for use as a private business. The question of whether or not the city could sell the building always revolved around the flood recovery funds and how much of the $897,000 would need to be reimbursed to other entities.
In 2016, the city opted to partner with local agency Darr Auction & Realty to see if there was real interest in selling both available city lots and the store site. Turns out there was.
Destiny Life Church, a non-denominational Christian church in Rushford made the offer to purchase the site. The original offer was discussed by the council at the October 10 meeting during closed session and it was determined that the city would submit a counter offer. The price of $219,900 was agreed to by the church, contingent on results of one more in-depth inspection of the property.
The proposed sale was reviewed and approved by the Planning Commission. According to City Administrator Tony Chladek, City Clerk/Treasurer Kathy Zacher prepared an “extensive” memo, including background information for the state, asking for consideration for any funds that would need to be repaid. Along with the memo, the city submitting copies of the appraisal and the purchase agreement. The city will wait to hear on approval from the state and what amount, if any, that must be repaid. It is the hope that the state will take into consideration the negative balance of the city’s liquor fund, as noted in several city audits, as well as the financial cost to maintain the vacant site.
In other news, the city has pulled back slightly on proposed plans to place a small cell data tower on city right-of-way just north of Highway 16 on an industrial road. The tower placement was proposed by Mobilitie, LLC, who is seeking the tower service on behalf of their client, Sprint. A Right-of-Way Attachment Agreement was drafted, to include items such as fees, inspections, and insurance, and is currently under review by the city attorney.
At the meeting, during the time for public comment, local business owners Mike and Chris Hammel asked the city to reconsider the site, noting that placement on city property, adjacent to their lot, would make it difficult, if not impossible to move large agricultural equipment on their property, due to other utility poles on the opposite side of the street. They also noted frustration at not being made aware of the tower location prior to city agreement.
Chladek argued that the location is within city property and thereby within the city’s discretion. He noted that originally, the tower was to be located in front of a vacant industrial lot, but was moved to the edge of the lot boundary right-of-way so as not to interfere with any potential driveways for future business that may occupy the vacant lot.
“Would it be a big deal to move it some,” asked Chris Hammel, who referenced city right-of-way across the street by other poles or behind the property lots. “We’re asking for someone to relook at it.”
“I don’t know if you get it,” said Mike Hammel, to Chladek, referencing the agricultural equipment.
“I get it,” he responded. “I grew up as a farm kid. I’m relaying the decision and the decision has already been made.”
Ryan Streff, representative for Mobilitie explained to the council that the small cells work on limited range and altitude by amplification of data signal. The location was strategically chosen to be in an industrial area, not on a scenic roadway, in an area that best serves the downtown. For results, the tower must be near the end user.
Both Councilor Vern Bunke and Mark Honsey questioned the procedure for addressing the Hammels’ concerns. Streff estimated the tower and instrument value could be approximately $100,000, to which both councilors noted a concern for safety of the tower and others.
“I’ve moved that equipment and sometimes it takes all of Highway 16 and the ditches,” said Honsey. “The electric cooperative does a demonstration every year on line dangers. You know why? ‘Cause it still happens. Shame on me for not catching it; you won’t have enough room on that street with the pole there.”
Honsey also expressed frustration that neither Hammel Equipment, a 40-year Rushford business, nor JMW, the business opposite the vacant lot from Hammels, were notified of the proposed tower. “It’s a lack of letting people know. If we’re not going to look for another site or consider it, I’m not going to vote for this agreement.”
Chladek indicated that the agreement before the council did not pertain to tower placement. However, not passing the agreement would halt the process temporarily. State legislation allows the towers to be put on municipal right-of-way, so long as all proper procedures and permitting takes place, so the tower project cannot be held out indefinitely.
In the end, the council approved the agreement, contingent upon city staff working with Mobilite and their client, as well as the neighboring business owners, to locate a new tower position.
The next regularly scheduled council meeting is Monday, November 13, at 6:30 p.m., at city hall. The public is encouraged to attend.
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