By Patrick Tepoorten

Residents affected by the Jay Ave., and Rush Landing road projects questioned the Rush City Council regarding various project issues on Monday night, as the council prepared to set final assessments for both projects.

Twelfth Street resident David Janssen inquired as to why residents along 11th and 10th streets were not assessed for the Jay Ave., project, but residents along 12th Street were. Janssen stated that those residents likely use Jay Ave. "on a regular basis."

Mayor Jim Ertz replied that "the line had to be drawn somewhere," and that one of the primary considerations for assessing properties along 12th Ave. $600 apiece toward the project was the many complaints the city had received from those residents about the dust off of the former gravel Jay Ave.

However, Ertz did tell Janssen that including assessments for 10th and 11th Street residents was discussed at an initial public hearing before the project was begun. "It would have been good if you had been here," he added.

Resident Denise Kurilla took issue with the Mayor's claim, stating she didn't recall the possibility of expanded assessments coming up at the original meeting, at which time Ertz stated that those discussions had occurred at some earlier time.

As to that, according to City Administrator Amy Mell assessment boundaries had taken place at some point, but it is not likely they were discussed at the June 11 public hearing.

Residents along 10th and 11th Street, as well as Harte Ave., were not sent notices of the public hearing, meaning they weren't being considered for assessments at that time.

A letter from the Robert Anderson family, which owns farmland along Jay Ave., and is being assessed roughly $33,000 was read into the record by son-in-law Dan Larson. The Andersons asked the city to "strongly reconsider" spreading the costs more evenly, as they are living on a fixed income, are struggling, and will have to defer their assessment to a later date.

The mayor responded that the Anderson property assessment had already been reduced by $25,000, and thought that was sufficient.

The construction costs for the Jay Ave., project totaled $236,219, of which the city will pay $178,690 including 75 percent of project cost and one city assessment. Ertz pointed that out to Larson and noted that most of the city residents responsible for paying for the project through taxes will "never use" the road.

"They're using that road more than you know," responded Larson.

Issues with the Rush Landing project were far less divisive, as it was the residents themselves who requested the city complete the project. Some minor problems with the construction were raised, and the city said they would see to it any construction problems were addressed before making final payment on the $133,619 project.

Property owner Terry Moses asked the city to reconsider assessing his property as five parcels, but the city did not compromise.

Resident Kelly Dusak suggested that town homes in the development be assessed at the same level as single family homes (individual town homes were assessed at a rate half of single family homes) as they presented the same potential for traffic.

Councilor Mick Louzek said he would not support that idea because the private roads that serve the town homes were not improved.

Both the Jay Ave. and Rush Landing assessments were approved as presented. Affected residents have 30 days from Nov. 26 to pay assessments in full without interest, if they so choose.

The city also approved a 15-year payment plan, at 6 percent interest, for those who prefer to pay it over time as part of their property taxes.

Louzek, who has stated on numerous occasions that he would not support assessments for the Rush Landing development because of city mistakes with the development, voted "no" to the Rush Landing assessment. The assessments passed on a 4-1 vote.

Jay Ave. assessments were passed unanimously.

In other city news:

• The subject of increases to water and sewer rates did not come up at the meeting, as was suggested last week by Mell. Following Monday's meeting, Mell stated that the city wanted to study the issue of inflow and infiltration surcharges more thoroughly before bringing the proposed 25 percent (water) and 20 percent (sewer) rate increases to the council. It is expected the city council will approve those increases, implemented over two years, at the Dec. 10 meeting.

• The second December meeting of the Rush City Council was rescheduled for Thurs., Dec. 20, at 6:30 p.m. The city will also conduct public hearings on the decertification of two Tax Increment Financing Districts that night.

• Revisions to the water and sewer ordinance were approved.

• It was announced that an agreement was reached between the city and J Graff for the repayment of a city loan totaling nearly $95,000. J Graff will repay the funds over five years.

• Bid seeking for the center striping of Jay Ave. was put off until spring, as the weather is now to cold to stripe the roads.

• Criminal background checks, and pre-employment drug tests were approved for all new city hires.