Oak Meadows II, Jim Stock Const02/29/00
Monday, February 28, 2000
Mayor Terry Duggan
50 West 13th Street
951 Iowa St
Dubuque, Iowa
Terry,
Background:
In 1991, I filed a conceptual plan for Oak Meadows II (Deerwood Circle) off
Brunskill road and received an ordinance # 25-91 and #1-96
I received the zoning of PR for the property and proceeded to file a site plan and build the
improvements.
The improvements for our discussion are the water mains and sanitary sewer.
At this time, there was no sewer on Brunskill road.
The Brunskill road water main was built by "DOC" corporation in 1970 or so and "DOC"
owned the property that I now own.
We built a sewer line on our property that ended about 260 feet ITom Brunskill road
Gus Psihoyos wanted an easement from me to extend the sewer service ITom my
development to Brunskill road. Gus and I negotiated an agreement The agreement was
that I will grant an easement ifhe waived my connection fees for water.
Gus received his easement and I never received a bill for the connection fees.
He was the person calling the shots and I was new at the development business, I had no
reason not to trust him.
In 1999 we are adding to our subdivision and need to add more water and sewer
lines.
I meet with Brant Schueller (Water Distribution)to discuss the new lines and he informed
me there was no records of the water mains that we installed, (one section was installed
in 1992 the other in 1996) He explained that the records at the water distribution office
show only the valves on Brunskill road.
I have asked the city to accept the dedication of the water main and sewer main on
several occasions only to be brushed off and I was never told how to submit such a
request properly.
Page 1of 2
02/29/00
It now seems that through the lack of record keeping skills on the part of the
previous water distribution manager, the current water distribution manager wants to
collect those connection fees and wants the water main to be private.
I do not feel I should have to reimburse the city for these fees based on the agreement
Between Gus Psihoyos, who was acting on behalf of the city of Dubuque, and I.
WATER MAIN DEDICATION:
Background:
I have discussed this issue with Mike VanMilligen he stated in a letter to me that, "the
water main I installed is to be a private water main." There were no reasons sited as to
reasons why the Dedication of the Water main will not be accepted.
0 The easements were given to the city in resolution #95-92 for the water main and was
dedicated and accepted by the city (the same for the sewer).
0 The water mains were constructed according to the plans which show a 6" water
main. As per Ken Beusing Plans.
0 The city viewed and accepted the construction plans.
0 The city gave it's OK for construction.
0 The city inspectors(Ron Turner and Andy Schwartz)were there during construction.
0 There was no relj tlilg~ raised at any time during installation.
0 I was referred to Jim McGlaughlin by the zoning dept when the contractor questioned
the 6" water main while installing the water main.
0 I was told by Jim McGlaughlin. at the time of construction, the 6" water main was
acceptable.
0 I was told I could install a I" tap and split off to two '/.," lines by Jim McGlaughlin.
0 I had no reason to not believe that I was not talking to the person with the authority to
make this above decisions.
0 I bonded the water main and sewer main for up to 8 years as required by the city for
dedication of the utilities.
The city now refuses to accept the dedication of the water main. I had absolutely no
reason to believe the city was 1\01 going to accept the dedication of the water main.. I feel
my agreement with the city is being violated.
Terry, I did every thing as instructed by the city to complete this project and also bonded
for the public improvements for several years as required by the city in anticipation of the
dedication. I do not know who I should talk to in order to clear this up. I feel there is an
internal screw up of which I hope to resolve.
I request of the city council to have the staff sit down and discuss this issue with me.
Respectfully yours, James Stock
Page 2 of 2