By Patrick Tepoorten

The Rush City Council handled road and runoff issues at Monday night's regular meeting, and tried to come to a consensus regarding the final list of blacktop for public streets in Rush Landing.

The former city council had looked into paving the street last summer, which was never completed because the developer declared bankruptcy, but ceased the effort when the late-season bids came back too high. It was decided at that time that the city would try again this year, when Rush Landing could be rolled into a larger project in order to keep the cost down.

With the city making plans to make improvements to Jay Ave. from CR-7 to the south end of the community center property, the Rush Landing project is also being considered. How to pay for it is another matter.

At the council's previous meeting, councilor Mick Louzek stated that under no circumstances would he support using assessments to Rush Landing property owners to finish the street.

It was his contention that the city was largely at fault in its dealings with the developer, and that homeowners paid for a finished road. Other councilors weighed in on Monday, with mixed opinions.

Councilor Nick Malchow agreed with Louzek, saying, "I have a hard time assessing the city's mistake."

Councilor Jamie Amundson stated she was "torn" by the issue but added, "it's not the city's fault the company went under." She later added that it was the city's fault that the $50,000 letter of credit regarding the project was allowed to expire.

Councilor Nancy Schroeder also noted that the city bears some responsibility, but added, "I don't think the rest of the taxpayers should carry the brunt of it."

Mayor Jim Ertz scolded the former council for "Let(ting) things go," and indicated he would be open to some kind of assessment, but seemed to waffle on the subject. At one point he said, "We can attempt to assess a portion, and if we get totally beat to death ..."

At another point he said, "It is hard pressed for me to say we should assess."

City engineer Barry Peters was instructed to include the Rush Landing project in a feasibility study that will also include Jay Ave., but to not include assessments as part of the study. That does not mean that the city council could not decide to assess the project later on in the process, only that they did not make a decision Monday night.

Because the project has been initiated by the city, any decision regarding assessments for the Rush Landing project will have to pass by a four-fifths majority, or super majority.

As for Jay Ave., it will move forward assuming assessments to property owners of roughly 25 percent of project cost. Exactly how property owners are assessed will be determined by the study, but Ertz instructed Peters to find the "most fair and equitable way."

In other city news:

• The city council approved the use of $100,000, plus five percent of total cost and training fees, to be taken from the Fire Department Capital Equipment Fund as part of a FEMA grant process.

The department will be trying to get a new tanker/tender truck that would replace a 1963 pumper truck and relegate a 1992 pumper truck to back-up status.

The total cost of the new truck is estimated at $325,000 and Fire Chief Bob Carlson stated that the department would have a better chance of being awarded the grant if the city demonstrated its intentions by providing some of the money. Currently there is approximately $265,000 in the fund and it would be reduced to just under $150,000 after all costs were factored.

Louzek expressed concern that the commitment would leave the fund low for the next seven years, until the 2003 ladder truck was paid in full.

And, when the motion was made to approve the request by the department, Louzek attempted to have it amended to allow only $65,000 of the fund to be used. His motion died for lack of a second.

The original motion was approved unanimously.

• Jay Ave. surface water issues were discussed and it was decided that the only way to fix standing water problems in low-lying areas between 10th and 11th Streets is to create a swale on the drainage easement. Peters instructed the council it would cost about $2,000 to create a construction plan.

As with the Rush Landing project, approving the cost of creating the swale would require a super majority if the project is city initiated. To avoid that, it was suggested that affected property owners first try to petition the city, which would require only a simple majority for project approval.

A petition would require the signatures of 35 percent of affected property owners before the project could be taken up by the city.

Ertz stated that, regardless of process, the costs of such a project should be assessed at a higher rate than those suggested for road projects.