409 Burch Street_Historical InformationTHE CITY OF -~~
DUB E
Masterpiece nn the Mississippi
MEMORANDUM
May 31, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
In a November 29, 2004 memorandum to the City Council I wrote:
"The single family home at 409 Burch, owned by John White, has been a
long-time problem property. Complaints about this house and resulting
City enforcement activities date to 1996. Mr. White has unsuccessfully
attempted, since a known date of 1995, to undertake a comprehensive
rehabilitation of the structure. The house remains vacant, uninhabitable
and a blighting influence on an otherwise well-maintained residential
neighborhood."
Subsequently, the City Council adopted a resolution setting the Fair Market Value and
authorized condemnation of the property.
In a July 29, 2005 memorandum to the City Council I wrote:
"Dave Stuart and John White provided me a tour of 408 Burch Street on
Friday, July 29, 2005.
The house is in a significant amount of disrepair even though the fire that
damaged the home was five years ago.
It does appear that in the last several weeks there has been progress.
Mr. White committed to me that he would work on the project full-time until
it is completed in three months, except fora 10-day period in September
when he needs to be in Chicago with an ill relative.
I respectfully recommend that this issue be tabled until the September 5,
2005 City Council meeting for a progress report."
John White has not held up his commitment and, even though he has made some
improvements, you will see from Housing and Community Development Department
Director David Harris' latest report that there has been no progress since December 6,
2006.
I respectfully recommend that the Mayor and City Council direct City Attorney Barry
Lindahl to restart the property acquisition process.
" ~~
Mich el C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
THE CITY OF
DUB E
Masterpiece on the Mississippi
30 May 07
To: Michael V : n illigen, City Manager
MEMORANDUM
From: David Hai ,Housing and Community Development Department
Re: Status report - 409 Burch Street
This property was inspected on 30 May. Since the previous inspection (11
December 06 report, attached), it appears no work has taken place on the
exterior of the building. Photographs taken as of this date are also attached.
att
ITiE CI'CY OF
DuB MEMORANDUM
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December 11, 2006
To: Michael V~,n~Milligen, City Manager
,~.~t 1
From: David Harris, Housing and Community Development Department
Re: Status Report - 409 Burch Street
409 Burch Street is completed on the firont (street) and north sides. Lacking on the front
is installation of the entry door and railing system. When meeting with John. White in
October, he stated that he t-~ad the materials on hand and intendad to install them within
a couple of weeks. To date, this has not been accomplished.
He has finished the new driveway on the south side of the building at Burch Street and
has completed some new stone retaining walls. This has been the work that has been
completed since the last report to Council.
The rear of the roof remains unshingled, with soffit, fascia and trim work incomplete in
several locations. According to John, it has been too cold recently to do much more
outside, so they have been working inside this building more often.
The work that remains to be done is the southwest corner and side of the home. This is
because John intends to install awrap-around porch at this comer, which must be built
before the siding is installed. Further, footings must be dug and poured for the porch
foundation before framing begins. John's estimate is that the porch won't be
constructed until next spring. Accordingly, the white Tyvec vapor barrier will remain as
the presenting exterior of that side of home for the next four to five months.
According to a letter submitted by John White on Sept. 7, 2006, John stated that he
would complete the remaining work according to this proposed schedule.
1. Final installation of exterior door and last 2 windows would be completed by 9-
25-06.
This has not been completed.
2. Final installation. of exterior roof, trim, soffit treatment and copper gutters by 10-
02-2006.
This has not been completed.
3. Final installation of exterior rails and other porch decorations by October 23,
2006.
This has not been completed.
4. Final grading of driveway and installation of concrete curb and drive. Installation
of decorative limestone retaining walls on the south side of the property by
November 6, 2006.
This has been completed. The driveway at the north side of the property
has not been hard-surFaced. Stone retaining wall work has been completed
on that side of the house.
(See attached photos of 409 Burch Street.)
Prepared by: Kathaleen Lamb
Senior Housing Inspector
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THE CITY OF
DUB E
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MEMORANDUM
December 14, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Status Report - 409 Burch Street
The owner of 409 Burch Street, John White, has not maintained the schedule of
improvements on the home at 409 Burch Street that he committed to as part of this
process, but he has made significant progress.
With the arrival of winter, I respectfully recommend that the Mayor and City Council
table this item until June 4, 2007.
C~ 2~(`~
Michael C. Van Mifligen
MCVMfjh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and community Development Department Director
.. ~.;
rem cmr oe
~DuB MEMORANDUM
~~-
December 11, 2006
To: Michael V~n Milligan, City Manager
'~~~
From: David Harris, Housing and Community Development Department
Re: Status Report -409 Burch Street
409 Burch Street is completed on the front (street) and north sides. Lacking on the front
is installation of the entry door and railing system. When meeting with John White in
October, he stated that he had the materials on hand and intended to install them within
a couple of weeks. To date, this has not been accomplished.
He has finished the new driveway on the south side of the building at Burch Street and
has completed some new stone retaining walls. This has been the work that has been
completed since the last report to Council.
The rear of the roof remains unshingled, with soffit, fascia and trim work incomplete in
several locations. According to John, it has been too cold recently to do much more
outside, so they have been working inside this building more often.
The work that remains to be done is the southwest comer and side of the home. This is
because John intends to install awrap-around porch at this comer, which must be built
before the siding is installed. Further, footings mus# be dug and poured for the porch
foundation before framing begins. John's estimate is that the porch won't be
constructed until next spring. Accordingly, the white Tyvec vapor barrier will remain as
the presenting exterior of that side of home for the next four to five months.
According to a letter submitted by Jahn White on Sept. 7, 2006, John stated that he
would complete the remaining work according to this proposed schedule.
1. Final installation of exterior door and last 2 windows would be completed by 9-
25-06.
This has not been completed.
2. Final installation of exterior roof, trim, soffit treatment and copper gutters by 10-
02-2006.
This has not been completed.
3. Final installation of exterior rails and other porch decorations by October 23,
2006. .
This has not been completed.
4. Final grading of driveway and installation of concrete curb and drive. Installation
of decorative limestone retaining walls on the south side of the property by
November 6, 2006.
This has been completed. The driveway at the north side of the properly
has not been harrlrsurfaced. Stone retaining wall work has been completed
on that side of the house.
{See attached photos of 409 Burch Street.)
Prepared by: Kathaleen Lamb
Senior Housing Inspector
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THE CITY OF
DuB,~ MEMORANDUM
~~~
November 29, 2004 .
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proceedings to Acquire Vacant and Abandoned Property at 409 Burch
Street
The single family home at 409 Burch, owned by John White, has been along-time
problem properly. Complaints about this house and resulting City enforcement activities
date to 1996. Mr. White has unsuccessfully attempted, since a known date of 1995, to
undertake a comprehensive rehabilitation of the structure. The house remains vacant,
uninhabitable and a blighting influence on an otherwise well-maintained residential
neighborhood.
At the direction of Corporation Counsel, a 60~.iay order to repair was issued by Housing
in September 2004. A re-inspection conducted on November 5 determined substantial
non-compliance with the order. Violations include:
1. Roof is not weather-#ight and does not prevent exposure to rain and
deterioration of the structure. Areas of the roof remain covered with plastic
tarp, with no shingles installed.
2. Door and window openings are not weather-tight and do not provide
security against unauthorized entry to the building. Openings remain
covered with plastic.
3. Sheathing is not weather-tight and does not prevent exposure to rain and
deterioration: Substantial areas remain unpainted and/or with only sub-
sheathing (not siding) installed.
4. Construction materials remain stored throughout the exterior of the property,
providing potential harborage.
The Legislature in its latest session passed Senate File 2291: "An Act relating to local
government authority to encourage development and rehabilitation of certain real
property ... It provides for a city in which an abandoned building is located to petition
the court to enter judgment awarding title to the city.
Upon filing of the city's petition, the owner has 60 days to comply with orders of the local
housing official to abate deficiencies. Subsequent to that deadline, the court will
determine whether the owner has made a good faith effort to comply with those orders.
If the court decides that such effort has not been made, and that the property meets the
statutory definition of an abandoned property, a judgment may be entered, awarding
title to the property to the city. Title will be awarded free of all liens, claims and
encumbrances.
If title is awarded to the City of Dubuque as a result of this action, the Housing
Department would in turn publish a request for proposals, for the purpose of soliciting
interest in acquiring, rehabilitating and reoccupying the property.
Housing and Community Development Department Director David Harris recommends
City Council authorization to petition the District Court to enter judgment awarding title
to this property to the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
{ A ,J
Michael C. Van Milligen ~~~
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
~ crnr oP
Du$ E
~-~
22 November 04
To: Mike Van ~ilfigen,
MEMORANDUM
City Manager
From: David Barris, Housing and Community Development Department
Re: Proceedings to acquire vacant and abandoned property at 409 Burch Street
Irrtroduction
The purpose of this memorandum is to request the City Council's authorization to
petition the District Court to enter judgment for a vacant and abandoned home located
at 409 Burch Street, awarding title to the property to the City.
Background
The single family home a# 409 Burch, owned by John White, has been along-time
problem property_ Complaints about this house and resulting City enforcement activities
date to 1996. Mr White has unsuccessfully attempted since a known date of 1995 to
undertake a comprehensive rehabilitation of the structure. The house remains vacant,
uninhabitable and a blighting influence on an otherwise well-maintained residential
neighbofiood.
Enforcement History
The building permit record indicates the history of the owner's maintenance efforts on
this property, as follows:
1. November, 1987: relocation of gas fine; inspected and approved
2. November, 1995: reroof; no disposition noted
3. June, 2000: electrical permit, io rewire home due to fire; no inspection
4. June, 2000: reroof, also due to fire; no inspection
5. August, 2000: plumbing permit for sewer and water lines; inspected and
approved
6. September, 2000: permit issued for garage and new foundation for
proposed addition; a December, 2000 inspection noted no completion
7. November, 2001: unspecified permit; no inspection
8. December, 200.1: reroof, no inspection
9. January, 2004: reroof; no inspection
10. February, 2004: permit issued after owner was taken to court after
Building Department's determination that some fre-related repairs had
been done without a permit; no additional progress noted to-date
In September, 1996, a citation was issued by the Zoning Enforcement Officer for
outside storage of construction materials and auto parts.
In April, 1999, the Building Department sent a letter to abate, noting the non-completed
reroofing, illegal storage of construction materials and equipment and a garage "in
danger of collapse."
In late-2000, Zoning Enforcement issued another citation, for outside storage of junk
and building materials. Housing Department staff assisted with this enforcement. The
owner successfully challenged this citation and the action was dismissed in court, in
January 2001.
An August, 2003 inspection by the Zoning Enforcement Officer noted illegal storage of
an unlicensed vehicle and trailer on the property. A September reinspection noted
compliance with the order.
A September, 20031etter from Kevin and Mary Ellen Muelenkamp, owners of 422 Burch
Street, sent to the Planning Department noted the following:
The Animal Control officer has made several visits to the site, to set traps
to catch the many cats and raccoons living in the property, `fior the past
two years."
Garbage and construction debris from the site being strewn about the
neighborhood after stones.
Use of the site by the owner for storage of construction materials, vehicles
and equipment used at other job sites.
!n September, 2004, a station was again issued by Zoning Enforcement, again for
storage of a construction trailer on the property. The owner was found in violation of the
ordinance in October.
At the direction of Corporation Counsel, a 60-day order to repair was issued by Housing
in September 04. A reinspection conducted on 5 November determined substantial
non-compliance with the order. Violations indude:
1. Roof is not weather-tight and does not prevent exposure to rain and
deterioration of the structure. Areas of the roof remain covered with
plastic tarp, with no shingles installed.
2. Door and window openings are not weather-tight and do not provide
security against unauthori2ed entry to the building. Openings remain
covered with plastic.
3. Sheathing is not weather tight and does not preven# exposure to rain
and deterioration. Substantial areas remain unpainted and/or with
only sub-sheathing (not siding) installed.
4. Construction materials remain stored throughout the exterior of the
property, providing potential harborage.
The inspector did note that sometime after 1 November the owner has erected
scaffolding and has made some effort at painting exterior areas of the structure.
2
A November 18 reinspection noted that the owner has covered some window openings
with sheets of plywood. Mr. White states that at this time he is willing to resume
renovation activities on the property, in the interest of complying with city enforcement
actions.
Discussion
The Legislature in its latest session passed Senate File 2291: "An Act relating to focal
government authority to encourage development and rehabilitation of certain real
property ..." It provides for a city in which an abandoned building is located to petition
the court to enter judgment awarding title to the city. In determining whether the
property meets the definition of an abandoned building, the court will consider the
following factors:
1. ff property taxes or special assessments are delinquent
2. if any utilities are currently being provided to the property
3. if the building is unoccupied
4. if the building meets the city's housing code as fit for human habitation
5. if the building is exposed to the elements, such that deterioration is occurring
6. if the building is boarded up
7. past efforts to rehabilitate the building
8. presence of vermin, accumulation of debris, uncut vegetation
9. efforts expended by the petitioning city to maintain the building
10. past and current compliance with orders of the local housing official
Upon filing of the city's petition, the owner has 60 days to comply with orders of the local
housing official to abate deficiencies. Subsequent to that deadline, the court will
determine whether the owner has made a good faith effort to comply
with those orders. If the court decides that such effort has not been made, and that the
property meets the statutory definition of an abandoned property, a judgment may be
entered, awarding title to the property to the city. Title will be awarded free of all liens,
claims and encumbrances.
If title is awarded to the City of Dubuque as a result of this action, the Housing
Department would in tum publish a request for proposals, for the purpose of soliciting
interest in acquiring, rehabilitating and reoccupying the property.
Recommendation
It is recommended that the City Council approve the request to pursue legal
proceedings under the statute to acquire tile. Enforcement history indicates that the
owner has been provided sufficient opportunity to address the problems at this property
and that fie has been unable to sustain a satisfactory effort to do so.
The property - an impressive, historic home - is located in a neighborhood of well-
maintained houses. 1t presents a blighting influence, potentially reducing property
values, and has caused long-s#anding concerns to owners of other homes in the
neighborhood.
3
Action Step
The action requested of the City Council is to authorize the Housing and Legal
Departments to petition the District Court to enter judgment awarding title to this
property to the City.
cc:
Barry Lindahl, Corporation Counsel
Attachments:
1. June 24, 2004 letter to Housing Department from Kevin & Mary Ellen
Muehlenkamp, neighboring property owners
2. September 10, 2003 letter to Planning Department from the Muehlenkamps
3. August 29, 2003 memorandum from Housing Department to City Manager
4. August 26, 2003 memorandum to Kathy Lamb, Senior Housing Inspector, from
Susan Brennan, Zoning Enforcement Officer
5. January 23, 2001 judgment from Dubuque District Court
6. April 20, 1999 letter to owner from Gerald Stoffel, Bui{ding Inspector
4
September 10, 2003
Zoning Information/Enforcement
City Hall
50 W 13th Street
Dubuque, IA 52001
~;.
RE: Property located at 425 {?) Burch Street (John White}, DBQ, IA 52001
To Whom It May Concern:
This letter is in regards to the property located at 425(?), John White property, Burch
Street. This house has been under construction ever since we moved into our home (422
Burch) over four years ago {1999). The construction on this home has gotten worse over
the years, not better??? We have so many concern with this propertylhouse, here they
are:
• Health hazards-there has been several animals living in this home. Animal
control has been to our house several times to set traps to catch the many cats that
have made this house their home. To date, animal control has caught 4 cats, and
there are still more cats living in the home. These cats have been roaming the
neighborhood for the past two years (more cats over time) and have been running
around the neighborhood like crazy. These cats aze starving and sick, thus the call
to animal control. There are also raccoons living in the home.
• Danger to small children-We have seen children from time to time playing in the
back yard of this home and aze concerned for there safety and welfare. There are
several pallets stacked up in the yard, scaffolding and ladders left set up, and junk
lying around, which might hurt small children.
Degrading to existing homes azound this property. Since this house seems to be
an ongoing project with the owner, as he only works on it a few weeks out of the
year, and doesn't seem to get anything done, we truly believe that this will bring
the property value down to the other homes next to it. The home next to ours has
been up for sale for a year now. I am sure it is not selling because of the big
eyesore of a mess across the street from it.
• Garbage flying around neighborhood. The shingles, plastic and other "stuff' fly
offthis house every time we have a bad storm. We end up having to clean up our
neighborhood every time strong winds come up because of all the "stuff' that
fly's off the house.
• Using the house for his construction storage and as a junkyard. He brings in his
work trucks and trailers, which are loud, and unloads them and goes to a different
job site. Then at night brings his van back or skid steer, loads and goes again.
• Using the yard for his construction storage.
• A big eye sore for the entire street.
In a conversation with Monica Ackley (she married us at our home on Burch) she
asked us about the property. We told her what we knew. She mentioned that she
was the magistrate that oversaw his case in the past case regarding his property at
Burch, and how she now regrets her decision to give him more time and another
chance, as she trusted him with his words on how the property would be
completed soon. This was how many years ago?
Our question is: How can we get the owner of this property to complete his construction
of his home. The way it looks, it will take another ten years for him to cor:.plete this
project. Someone needs to stop by this home and take a look at how many city codes this
property is in violation of
Sincerely,
~ ~~ ~
Kevin & Mary Ellen Muehlenkamp
422 Burch Street
Dubuque, IA 52001
563-584-0863
cc. Health Services
Planning Services
Animal Control
Building Permits and Inspections
Housing and Community Development
Neighborhood Development
Permits
Fire Prevention Office
City Manager
September 15, 2003
Kevin and Mary Elien Muehlenkamp .
422 Burch St.
Dubuque lA 52001
SUBJECT: Property at 409 Burch Street: Owner: John White
-,
Dear Mr. and Mrs. Muehlenkamp:
It is my understanding that a few weeks ago, Mr. Muehlenkamp talked to Susan
Brennan, a menib~ of our enforcement staff, about the enforcement history of the
properfjr at 409 Burch 'Street, including existing conditions. in addition, you discussed
the limitations with respect to zoning regulations. At the time, you were referred to the
Housing Department and Building Services Office for further action because those
departments were undergoing inspections of the conditions at this property, which you
were coeicemed about.
,~ ,` ~ ..
4
~~gust ~5, 2 3~,~usan also looked at Mr. White's property at 409 Burch Street
revealing a zoning violation. It was found that Mr..White was unlawfully storing an
unlicensed van on his properly. A notice-was sent to him requiring that he remove the
improperly stored vehicle, which he did. We did not observe any other zoning
violations at this time. On September 11~', a re-inspection of Mr. Vllhite's property was
made, finding no zoning violations at that time. .
if i can be of further assistance, please let me know.
~~ , .
.~ .Sincerely,
-.!aura Carstens
;Planning Services Manager
Thursday, June 24, 2004
David Harris
Housing and Community Development Department Director
%City Hall
50 West 13`~ Street
Dubuque, IA 52001
Dear Mr. Harris:
This letter is in regards to the property located at 425 Burch Street. John White is the
owner of this property. I am sure you are aware of this property. We have contacted the
City of DBQ with letters and numerous phone calls regazding this property. I am
enclosing another article from The Des Moines Register. This article is a follow-up from
the previous article we sent you last Nov. 2003.
We live across the street from this property, at 422 Burch Street. Mr. White has not
worked on this property for the past 6 months. You had written us a letter last year
stating you were checking into why the city is allowing this property to continue to be an
eyesore to our neighborhood. Is there any way to have this property condemned and have
it tom down? That seems to be the most logical answer to our problems, since Mr. White
obviously has no intentions on ever completing the renovation of his property (dump}
located on Burch Street and the one he owns on Jackson Street. It seems this project has
been ongoing fo: the pa~~t 15 years??
I know that we have written you several letters about this property, but we feel that
nothing is being accomplished in getting this issue properly taken care of.
Can the city please do something about this property?
Thanks you for your kind consideration at making our neighborhood a nicer place to live
in and look at.
Sincerely,
Kevin and Mary Ellen Muehlenkamp
422 Burch Street
Dubuque, IA 52001 '
563-584-0863
Cc. Michael Van Milligen, City Manager's Office
~~ ~~ D!lB~C~~1~, 1C~W~
MEMORAND€~M
29 August 03
To: Mike V n Milligen, City Manager
From: David rris, Housing and Community Development Department
Re: Burch Street complaint
The attached memo and supporting materials, from Sue Brennan, do a good job
of outlining our on-going problems with John White regarding his property at 409
Burch. You had sent me a complaint on this last week and i wanted to provide
you a follow up on our enforcement actions.
i believe, however, that we should consider some larger issues, as Sue mentions
in the memo. These have to do with the lack of our legal authority regarding
monitoring of construction sites.
The basic problem is that, once an owner obtains a building permit, it becomes
very difficult to enforce a standard for the exterior appearance of the
propertylstructure, and this can result in an eyesore and accompanying citizen
complaints. In the great majority of cases, the owner is responsible and
continues with the project until compietioa've utlo period of time. hite~s, the
rehabheovnstruction work can go on fo ry
The question for us is when to enforce. The Burch Street property is not an
occupied dwelling. So is our option to monitor it according to our vacant-
abandoned (VAB) enforcement program standards? Or is a `construction'
project, and thereby exempt from that enforc°ment? When does it become a
°problem property' rather than only a construction project?
1 think Sue makes the point well, as she recommends that time restrictions be
imposed on completion. Those standards don'# exist in any ordinance at this
time, as i understand it.
There are a couple of other related issues that we could also consider at this
time. One concemsfirv-damaged properties. It appears that there is a `gap' in
our enforcement programs regard9e uire trbeboa ded and kept sec a fromd
is vacated, we have the authonty q
entry. That's the- VAB program enforcement. But what appears to be missing is
a procedure for determina#ion of the structural integrity of the building. I think we
need to require that this Abe oo f it needs to be demon shed safe to allow the
building to remain stand ng
One other enforcement issue concerns dumping. As I am informed by Kathy
Lamb, we also appear to have a gap in our enforcement procedures regarding
this problem. We appear to allow dumping for the purpose of filling a lot, for the
ultimate purpose of building on the lot. However, we have cases where this
dumping is occurring over long periods of time -even years -- and the
accompanying eyesore and potential sa#ety hazard is an unfair burden on a
residential neighborhood, in my opinion. In addition, no standards apply to the
type of fill: hazard debris may be part of the fill. And again, where this is
occurring in built up neighborhoods (particularly as in-fill protects involving vacant
lots), we have very ugly situations and no enforcement authority.
If you are interested, I could suggest that we convene a meeting to discuss these
issues.
cc:
Laura Carstens
Rich Russell
TIC C77Y OF
DuB E
~,~.~-~
NEE MC~RA~TDUM
August 26, 2003
TO: Ka#hy Lamb, Housing Supervisor
FROM: Susan Brennan, Zoning Enforcement Officer
SUBJECT: 409 Burch Street
This memo is in response to a complaint reported to Mike Van Milligan concerning the
poor condition of the property at 409 Burch Street. The unoccupied house is owned by
John Henry White, whose fast known address was 1620 Wyngate Drive, Apartment #6.
Since 1996, this property has presented problems in terms of maintenance. A
chronological history follows.
The single-family dwelling is situated on a large lot. The home has been the subject of
a major restoration since 1996 {and possibly before). Mr. White serves as his own
contractor for his home improvements. The project has been ongoing with work
occurring sporadically when Mr. White has spare time. Based on my knowledge, the
house has been in some degree of disrepair since 1996, with construction material and
debris stored outside the premises, including scaffolding and large piles of used lumber.
Housing Supervisor Kathy Lamb, Building Inspector Jerry Stoffel and !have all
attempted to address problems with this property.
On September 30, -1996, I issued a citation against Mr. White for #ailure to maintain his
yard and for outside storage of construction material and auto parts. The defendant
appeared in court and admitted the violation. Mr. White paid a $50 fine and $30 court
casts. Magistrate Lang issued an order permitting Mr. White to keep stacked firewood,
shingles for his residence, and stacked bricks for his chimney. At that time, the only
building permit outstanding was for re-roofing equal in value to $975.
On April 20, 1999, Jerry Stoffel wrote Mr. White about several Code violations (see
letter attached), including building materials and debris being stored in the yard of Mr.
White's residence.
Memo to Kathy Lamb
409 Burch Street
Page 2
On February 8, 2000, the-fiome suffered a fire. At the time, Mr. White was living in the
home with his son. Captain McMahon said the fire was determined to be "accidental"
and likely caused by an improperly converted furnace from coal to fuel. According to
Captain McMahon, Mr. White had insurance, which paid-out an unknown sum for his
loss.
In June 2000, Mr. White obtained a building permit for re-roofing the home equal in
value to the amount of $1,fi00. The re-roofing building permit was the only .pending
building permit in September of 2000, when another complaint was received about the
junk and overall condition of this property.
After unsuccessfully attempting to work with Mr. White to get him to clean up his
property and secure the proper building permits, he was again cited for outside storage
of junk and building materials by the Planning Services Department. Jerry Stoffel and
Kathy Lamb assisted with this endeavor. This time, Mr. White hired an attorney and
challenged the Zoning Ordinance he was cited under.
The Zoning regulations address property uses in broad terms and speak of
"maintenance of the yard" in a general sense, and only as being °a continuing obligation
of the owner of the property." The Zoning regulations do not specifically address or
prohibit outside storage of junk and other material. The exception is the storage of
inoperable vehicles.
Magistrate Monica Athley ruled in favor of Mr. White and dismissed our action (see
order athached). The court's ruling was not surprising. Our Health, Housing and
Building Codes (plus Nuisance Ordinance) also regulate the same activities, but in a
much more specific manner.
A positive result of the issuance of the citation was that Mr. White immediately obtained
a building permit to build a garage and 12' x 15' foundation for a future two-story
addition.
About three weeks ago, Building Inspector Dennis Hackbarth contacted me about the
conditions at this property, and was going was to review whether Mr. White had applied
for all the necessary permits for his ongoing restoration project.
I recently inspected the premises for any zoning violations and found Mr. White was
unlawfully storing an unlicensed vehicle and a trailer on his property. A notice will be
sent to him requiring that he remove the improperly stored vehicles. l did not observe
any other zoning violations at this time.
Based on my experience, the court has been somewhat reluctant to order the_rernoval_ _.. _ ___ .__
of construction material or even construction debris when a construction project is
underway. The Building Department might want to review the current restrictions with
Memo to Kathy Lamb
409 Burch Street
Page 3
respect to storage of building materials for possibly amendments to the Code in the
future. Under City Code 11-60(d}, concerning Demolition of Buildings, "...ail "pieces,
parts, scraps, debris, rubbish and organic material from file building...shai! be cleaned
daily unless otherwise specified on the permit.° To minimize the current problems
produced at construction sites in terms of debris and storage of materials, it is also
recommended #hat time restrictions be imposed on completion of construction projects.
For example, under Section 11.60(c}, "Ail buildings relocated or moved must be made
ready for occupancy within 120 days from the time the building permit is issued.° No
such requirement currently exists for any other construction. The only requirement is
that the building or the job begin within so many days from the time the building permit
is issued. _
If I can be of further assistance, please let me know.
SBlmkr
Attachments
cc: Laura Carstens, Planning Services Manager
Rich Russell, Building Services Manager
/~'
'.:,..
c
IN THE IOW A DISTRICT COURT, IN AND FOR DUBUQUE COUNTY
I"lLED
'~1 JAN 23 ~~ 8 1`i
CITY OF DIZBU4~L~
F1~s~F D1Si'. CQURT
DUBUQUE C 0. I D WA CICV044063
vs. JUDGMENT'
~is~~~.~ i "'NRY WHI'T'F
Defendant(s)
'This case came before the court for trial on December 14, 2000. The Defendant had
previously denied the allegation that he had violated City Ordinances Z-7.2 and 3-i.4. The ordinances
require continuing maintenance of the yard.
The Defendant's house suffered a fire that resulted in heavy damage. He undertook the task of
refurbishing the home, but it was taking quite a bit of time. Tn the early fall of 2000, the outside of the
home had debris alf over the place, including scaffolding, lumber, fasteners, tools, household
appliances and other various contents of the home. The Defendant received a notice that he needed to
clean up the area. When he failed to do so to the satisfaction of the City, a citation was issued.
The Defendant explained that the project was tedio ~ ~a sameylocation or in the same quantity
were seen in the yazd were building matenals and were not
on a regular basis. The household appliances were stored underneath plastic covers and other attempts
were made to cover the building matena3s so that they' would not be an eye sore.
The City asserted that the building materials were being stored on the land far use at other
construction sites being worked on by the Defendant. Additionally, any accessory use of the property
did not include continuous storage of any materials.
The ordinances cited herein are fairly vague as to what is a permissible accessory use and what
is not. The ordinances do not sped out what regular maintenance is required in order to be in
compliance with the directives. The project appears to be a very large undertal~tg and it does shave
signs of constant flux-
The burden is on the City in this matter to prove the violations and that burden has not been
met here. The action is hereby DISMISSED. .
DONE AMID ORDERED THIS ~- DAY 0 ~- ~ - , 2001.
~~~~ ':3 .......~
r•y ~ i./~N/ ~ ,
MAGIS E
Building Safety Department
50 West ]3th Street
Dubuque, Iowa 52001-4$64
(319) 589-4150
John Henry White
409 Burch St.
Dubuque, IA 52001
April 20, 1999
Re: Dwelling ~ Detached garage at 409 Burch St,.
Dear Property Owners:
TF!E CCIY OF ~
DuB
~.~
I have recently inspected the above mentioned property and observed the
following conditions which I believe to be a violation of the Dubuque -
Building Code:
1. You were issued a building permit #33795 on 11/28/95 which has expired.
The shingles have been partially removed from the house and the weather
protection has not been maintained. An approved method of providing
weather protection shall be installed.
2. The guardrail has been removed from the front porch. An approved
guardrail shall be installed.
3. The detached garage has been allowed to deteriorate to a point where
I believe that it poses a hazard to the general public. Roof sheathing
has been removed, the ridge line is sagged, the walls are-racked and
out of plumb. This structure appears to be in danger of collapsing.
4. Scaffolding and building materials and debris are being stored in the
side and rear yard of this residential property.
UBC Sec. 104 (d) requires that all buildings and structures, both existing
and new, and all parts thereof, shall be maintained in a safe and sanitary
condition. The owner or his designated agent shall be responsible for the
maintenance of buildings and structures.
You or your designated agent shall contact me by phone at 589-9156 or in
person at the Building Services bepartment of the City of Dubuque at City
Hall, 50 West 13th St. within five (5) working day of receiving this letter
between the hours of B A.M. and S P.M. to establish methods, materials and
a time table for the abatement of these safety hazards.
Respectfully,
~ ~~~
Gerald P. Stoffel
Building Inspector
cc: Rich Russell, Building Official, City of Dubuque ~`
Sue Brennan, Zoning Enforcement Officer, City of Dubuque +Y"
Service People Integrity Responsibility Innovation Teamwork
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THE CITY OF
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MEMORANDUM
June 15, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street (John White Property}
In December 2004, as directed by the City Council, a Petition was filed in the Iowa
District Court for Dubuque County, Iowa, requesting the Court to determine that the
property at 409 Burch Street, owned by John White, is an abandoned building and
requesting that the Court enter judgment awarding title to the property to the City free
and clear of ail claims, liens or encumbrances pursuant to a statute adopted by the Iowa
General Assembly in 2004.
In response to the Petition, Mr. White has asserted that the statute is unconstitutional
because it authorizes a taking of his property without just compensation. Resolution of
that issue by the courts could take a considerable period of time.
Housing and Community Development Department Director David Harris and
Corporation Counsel Barry Lindahl are recommending that the property at 409 Burch
Street be declared a public nuisance and the City begin steps to acquire the property.
The single family home at 409 Burch, owned by John White, has been along-time
problem property. Complaints about this house and resulting City enforcement activities
date to 1996. Mr. White has unsuccessfully attempted since a known date of 1995 to
undertake a comprehensive rehabilitation of the structure. The house remains vacant,
uninhabitable and a blighting influence on an otherwise well-maintained residential
neighborhood.
The City has a current appraisal of the property at $21,000.
The property would be marketed for rehabilitation, and if that was unsuccessful,
demolition would be considered and then the vacant lot marketed.
BARRY A. LINDAHL, ES .~"~
CORPORATION COUNSE CITY OF DUBUQUE
MEMO
To: Michael C. Van Milligen
City Manager
DATE: June 14, 2005
RE: 409 Burch Street (John White Property)
Mike:
In December 2004, as directed by the City Council, we filed a Petition in the Iowa
District Court for Dubuque County, Iowa, requesting the Court to determine that the
property at 409 Burch Street, owned by John White, is an abandoned building and
requesting that the Court enter judgment awarding title to the property to the City free
and clear of all claims, liens or encumbrances pursuant to a statute adopted by the Iowa
General Assembly in 2004.
In response to the Petition, Mr. White has asserted that the statute is unconstitutional
because it authorizes a taking of his property without just compensation. Resolution of
that issue by the courts could take a considerable period of time.
As an alternative to proceeding under the statute that allows the court to grant title to
the property to the City, the City could institute eminent domain proceedings to acquire
the property by paying the owner just compensation. Iowa Code §364.12A specifically
authorizes such a procedure and provides that "a city may condemn a residential
building found to be a public nuisance and take title to the property for the public
purpose of disposing of the property under section 364.7 by conveying the property to a
private individual for rehabilitation or for demolition and construction of housing."
Attached is a Memorandum dated November 22, 2004 from Housing Department
Manager David Harris tb you which provides some background information on the
property and the basis for a declaration that the property is a public nuisance. Also
enclosed are Orders from the Housing Department to correct various housing code
violations to the property, the most recent being from November 5, 2004. The violations
have not been corrected.
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 /FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Finally, I have requested an appraisal of the property by Kane Appraisals and Real
Estate Inc. A copy of the appraisal is enclosed. According to the appraisal, the fair
market value of the property is $21,000.00.
I recommend that this information, together with the enclosed Resolution declaring the
property to be a public nuisance and establishing the fair market value of the property at
$21,000.00 for purposes of negotiating a purchase of the property, be submitted to the
City Council for consideration.
Enclosure
cc: Cindy Steinhauser, Assistant City Manager
David Harris, Housing & Community Development Director
Joseph J. Bitter, Esq.
RESOLUTION NO. 29o-os
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 409 BURCH
STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE
WHEREAS, John White (Owner) is the owner of the real property at 409 Burch
Street legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, the City Council finds that the Property constitutes a public
nuisance; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for the
purpose of abating the public nuisance as authorized by Iowa Code § 364.12A;
and
WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with Owner to purchase the Property before proceeding with condemnation;
and
WHEREAS, City may not make an offer to purchase the Property which is less
than the fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and the
appraised value of the Property is $21,000.00; and
WHEREAS, the City Council now desires to establish the fair market value of the
Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
1. The Property at 409 Burch Street is hereby declared to be a public nuisance.
2. The fair market value of the Property is hereby established to be $21,000.00.
3. The City Manager and the Corporation Counsel are hereby authorized to commence
negotiations with Owner of the Property and any other interested parties for the
purchase of the Properly for a purchase price which is not less than the fair market
value established by this Resolution.
Passed, approved and adopted this 20~' day of June, 2005.
Terrance M. Duggan, Mayor
Attest:
eanne F. Schneider, CMC
City Clerk
TFIL' QLY OF
--
~-~.~-~~
22 November 04
To: Mike V illigen,
MEMORANDUM
City Manager
From: David ~s, Housing and Community Development Department
Re: Proceedings to acquire vacant and abandoned property at 409 Burch Street
Introduction
The purpose of this memorandum is to request the City Council's authorization to
petition the District Court to enter judgment for a vacant and abandoned home located
at 409 Burch Street, awarding title to the property to the City.
-Background - _ - - - _ .
The single family home at 409 Burch, owned by John White, has been atong-time
problem property. Complaints about this house and resulting City enforcement activities
date to 1996. Mr White has unsuccessfully attempted since a known date of 1995 to
undertake a comprehensive rehabilitation of the structure. The house remains vacant,
uninhabitable and a blighting influence on an otherwise well-maintained residential
neighborhood.
Enforcement History
The building permit record indicates the history of the owner's maintenance efforts on
this property, as follows:
1. November, 1987: relocation of gas line; inspected and approved
2. November, 1995: reroof; no disposition noted
3. June, 2000: electrical permit, to rewire home due to fire; no inspection
4. June, 2000: reroof, also due to fire; no inspection
5. August, 2000: plumbing permit for sewer and water lines; inspected and
approved
6. September, 2000: permit issued for garage and new foundation for
proposed addition; a December, 2000 inspection noted no completion
7. November, 2001: unspecified permit; no inspection
8. December, 2001: reroof; no inspection
9. January, 2004: reroof; no inspection
10. February, 2004: permit issued after owner was taken to court after
Building Department's determination that some fire-related repairs had
been done without a permit; no additional progress noted to-date
In September, 1996, a citation was issued by the Zoning Enforcement Officer for
outside storage of construction materials and auto parts.
In April, 1999, the Building Department sent a letter to abate, noting the non-completed
reroofing, illegal storage of construction materials and equipment and a garage °in
danger of collapse."
!n late-2000, Zoning Enforcement issued another citation, for outside storage of junk
and building materials. Housing Department staff assisted with this enforcement. The
owner successfully challenged this citation and the action'was dismissed in court, in
January 2001.
An August, 2003 inspection by the Zoning Enforcement Officer noted illegal storage of
an unlicensed vehiGe and trailer on the property. A September reinspection noted
compliance with the. order.
A September, 20031etter from Kevin and Mary Ellen Muelenkamp, owners of 422 Burch
Street, sent to the Planning Department noted the following:
The Animal Control officer has made several visits to the site, to set traps
to catch the many cats and raccoons living in the property, 'for the past
two years.°
_ Garbage and construction debris from the site being strewn about the
rieightiorhood after stones.
Use of the site by the owner for storage of construction materials, vehicles
and equipment used at other job sites.
In September, 2004, a citation was again issued by Zoning Enforcement, again for
storage of a construction trailer on the property. The owner was found in violation of the
ordinance in October.
At the direction of Corporation Counsel, a 60~iay order to repair was issued by Housing
in Sep#ember 04. A reinspection conducted on S November determined substantial
non-compliance with the order. Violations include:
1. Roof is not weather-tight and does not prevent exposure to rain and
deterioration of the structure. Areas of the roof remain covered with
plastic tarp, with no shingles installed.
2. Door and window openings are not weather-tight and do not provide
security against unauthorized en#ry to the building. Openings remain
covered with plastic.
3. Sheathing is not weather-tight and does not prevent exposure. to rain
and deterioration. Substantial areas remain unpainted and/or with
only sub-sheathing (not siding) installed.
4. Construction materials remain stored throughout the exterior of the
property, providing potential harborage.
The inspector did note that sometime after 1 November the owner has erected
scaffolding and has made some effort at painting exterior areas of the structure.
2
A November 18 reinspection noted that the owner has covered some window openings
with sheets of plywood. Mr. White states that at this time he is willing to resume
renovation activities on the property, in the interest of complying with city enforcement
actions.
Discussion
The Legislature in its latest session passed Senate File 2291: °An Act relating to local
government authority to encourage development and rehabilitation of certain real
property ..." It provides for a aty in which an abandoned burldrng is located to petition
the court to enter judgment awarding title to the city. In determining whether the
properly meets the definition of an abandoned building, the court will consider the
following factors:
1. If property taxes or special assessments are delinquent
2. if any utilities are currerrtly being provided to the property
3. if the building is unoccupied
4. if the building meets the aty's housing code as fit for human habitation
5. if the building is exposed to the elements, such that deterioration is occurring
6. rf the building is boarded up
7. past efforts to rehabilitate the _building
. __. __
8. presence of vermin, accumulation of debris, -uncut vegeta#ion
9. efforts expended by the petitioning city to maintain the building
10. past and current compliance with orders of the local housing official
Upon filing of the city's petition, the owner has 60 days to comply with orders of the local
housing official #o abate defiaencies. Subsequent to that deadline, the court will
determine whether the owner has made a good faith effort to comply
with those orders. If the court decides that such effort has not been made, and that the
property meets the: statutory definition of an abandoned property, a judgment may be
entered, awarding title to the property to the city. True will be awarded free of all liens,
claims and encumbrances.
if title is awarded to the City of Dubuque as a result of this action, the Housing
Department would in tum publish a request for proposals, for the purpose of soliciting
interest in acquiring, rehabilitating and reoccupying the property.
Recommendation
It is recommended that the City Council approve the request to pursue legal
proceedings under the statute to acquire title. Enforcement history indicates that the
owner has been provided sufficient opportunity to address the problems at this property
and that he has been unable to sustain a satisfactory effort to do so.
The property - an impressive, historic home - is located in a neighborhood of well-
maintained houses. It presents a blighting influence, potentially reducing property
values, and has caused long-standing concerns to owners of other homes in the
neighborhood.
3
Action Step
The action requested of the City Council is to authorize the Housing and Legal
Departments to petition the District Court to enter judgment awarding title to this
property to the City.
cc:
Barry Lindahl, Corporation Counsel
Attachments:
1. June 24, 2004 letter to Housing Department from Kevin & Mary Ellen
Muehlenkamp, neighboring property owners
2. September 10, 20031etter to Planning Department from the Muehlenkamps
3. August 29, 2003 .memorandum from Housing Department to City Manager
4. August 26, 2003 memorandum to Kathy Lamb, Senior Housing Inspector, from
Susan Brennan, Zoning Enforcement Officer
5. January 23, 2001 judgment from Dubuque District Court
6. April 20, 1999 letter to owner from Gerald Stoffel, Building Inspector
4
September 10, 200 ~ ~ ~ ~ '_ ... ~ ~
Zoning Information/Enforcement `
City Hall PLAN
50 W 13~' Street ~ _
Dubuque, IA 52001 `-
RE: Property located at 425 (?) Burch Street (John White), DBQ, IA 52401
To Whom It May Concern:
This letter is in regards to the property located at 425(?), John White property, Burch
Street. This house has been under construction ever since we moved into our home (422
Burch) over four years ago (1999). The construction on this home has gotten worse over
the years, not better??? We have so many concern with this property/house, here they
aze:
Health hazards-there has been several animals living in this home. Animal
control has been to our house several times to set traps to catch the many cats that
have made this house their home. To date, animal control has caught 4 cats, and
there are still more cats living in the home. These cats have been roaming the
neighborhood for the past two years (more cats over time) and have been n,nn;ng
around the neighborhood like crazy. These cats are starving and sick, thus the call
to animal control. There are also raccoons living in the home.
• Danger to small children-We have seen children from time to time playing in the
back yazd of this home and are concerned for there safety and welfare. There aze
several pallets stacked up in the yazd, scaffolding and ladders left set up, and junk
lying around, which might hurt small children.
• Degrading to existing homes azound this property. Since this house seems to be
an ongoing project with the owner, as he only works on it a few weeks out of the
year, and doesn't seem to get anything done, we truly believe that this will bring
the property value down to the other homes next to it. The home next to ours has
been up for sale for a year now. I am sure it is not selling because of the big
eyesore of a mess across the street from it.
• Garbage flying around neighborhood. The shingles, plastic and other "stuff" fly
off this house every time we have a bad storm. We end up having to clean up our
neighborhood every time strong winds come up because of all the "stuff' that
fly's offthe house.
Using the house for his construction storage and as a junkyard. He brings in his
work trucks and trailers, which are loud, and unloads them and goes to a different
job site. Then at night brings his van back or skid steer, loads and goes again.
• Using the yard for his construction storage.
• A big eye sore for. the entire street.
In a conversation with Monica Ackley (she married us at our home on Burch) she
asked us about the property. We told her what we knew. She mentioned that she
was the magistrate that oversaw his case in the past case regarding his property at
Burch, and how she .now regrets her decision to give him more time and another
chance, as she trusted him with his words on how the property would be
completed soon. This was how many yeazs ago?
Our question is: How can we get the owner of this property to complete his construction
of his home. The way it looks, it will take another ten yeazs for him to complete this
project. Someone needs to stop by this home and take a look at how many city codes this
property is in violation of.
Sincerely,
e
Kevin & Mary Ellen uehl nkamp
422 Burch Street
Dubuque, IA 52001
563-584-0863
.,
cc. Health Services
Planning Services
Animal Control
Building Permits and Inspections
Housing and Community Development
Neighborhood Development
Permits
Fire Prevention Office
City Manager
September 15, 2003
Kevin and Mary Eilen Muehtenkamp .
422 Burch St.
Dubuque IA 52001
SUBJECT: .Property at 409 Burch Street: Owner. John White
lr~~
.~ ~,.
Dear Mr. and .Mfrs, Muehtenkamp: - - ~ -
It is my understanding that a few weeks ago, Mr. Muehtenkamp talked to Susan
Brennan; a memis vf;our enforcement staff, about the enforcement history of the
properEy at 409 Burch~Street, induding existing conditions. In addition, you discussed
the limitations with respect to zoning regulations. At the time, you were referred to the
Housing Department and Building Services Office for further action because those
departments were undergoing inspections of the conditions at this property, which you
were .co~cer~ed about
,,~~ ~.
~~cbgust 25, 20 3 :?~usan also {ooked at Mr. White's property at 409 Burch Street
revealing a zoning violation. It was found that Mr. White was unlawfully storing an
unlicensed van- on his property. A notice was sent to him requiring that he remove the
-~~~ improperly stared vehicle, which he did. We did not observe any other zoning
violations at this time. On September 11 ~', a re-inspection of Mr. White's property was
made, finding no zoning violations at that time.
If I can be of further assistance, please let me know.
/~~ ~~ .~
,Si;acerefy,
i~
°.La,pca Carstens
;.. Planning Services Manager -
,.
Thursday, June 24, 2004
David Harris
Housing and Community Development Department Director
%City Hall
50 West 13`~ Street
Dubuque, lA 52001
Dear Mr. Harris:
This letter is in regards to the property located at 425 Burch Street. John White is the
owner of this property. I am sure you are aware of this property. We have contacted the
City of DBQ with letters and numerous phone calls regazding this property. I. am
enclosing another article from The Des Moines Register. This article is a follow-up from
the previous article we sent you last Nov. 2003.
We live across the street from this property, at 422 Burch Street. Mr. White has not
worked on this property for the past 6 months. You had written us a letter last yeaz
stating you were checking into why the city is allowing this property to continue to be an
eyesore to our neighborhood. Is there any way to have this property condemned and have
it torn down? That seems to be the most logical answer to our problems, since Mr. White
obviously has no intentions on ever completing the renovation of his property (dump)
located on Burch Street and the one he .owns on Jackson Street. It seems this project has
been ongoing for the past 15 years??
I know that we have written you several letters about this property, but we feel that
nothing is being accomplished in getting this issue properly taken care of.
Can. the city please do something about this property?
Thanks you for your kind consideration at making our neighborhood a nicer place to live
in and look at.
Sincerely,
. ~ ~ ~~~
Kevin and Mary Ellen Muehlenkamp
422 Burch Street
Dubuque, IA 52001 '
563-584-0863
Cc. Michael Van Milligen, City Manager's Office
L~+~ Oi- ®~~~~1 V~9 ~OYY~
MEMOR~4NDUM
29 August 03
To: Mike V n Milligen, City Manager
From: David rris, Housing and Community Development Department
. Re: Burch Street complaint
The attached memo and supporting materials, from Sue Brennan, do a good job
of outlining our on-going problems with John White regarding his property at 409
Burch. You had sent me a complaint on this last week and I wanted to provide
you a follow-upon our enforcement actions. _. _ _ .. _ .
l believe, however, that we should consider some larger issues, as Sue mentions
in the memo. These have to do with the lack of our legal authority regarding
monitoring of construction sites.
The basic problem is that, once an owner obtains. a building permit, it becomes
very difficult to enforce a standard for the exterior appearance of the
property/structure, and this can result in an eyesore and accompanying citizen
complaints. to the great majority of cases, the owner is responsible and
continues with the project until completion. But for cases like Mr White's, the
rehabinrconstruction work can go on for a very long period of time.
The question for us is when to enforce. The Burch Street property is not ar,
occupied dwelling. So is our option to monitor it according to our vacant-
abandoned (VAB) enforcement program standards? Or is a `construction'.
.project, .and thereby exempt from that enforcement?. -When does it become a
°problem property' rather than only a construction project?
I think Sue makes the point well, as she recommends that time restricfions be
imposed on completion. Those standards don't exist in any ordinance at this
time, as I understand it.
There are a couple of other related issues that we could also consider at this
time. One concemsflre-damaged propefies. It appears that there is a `gap' in
our enforcement programs regarding these properties: When a home bums and
is vacated, we have the authority to require it be boarded and kept secure from
entry. That's the tIAB program ertforc~rnent. But what appears to be missing is
a procedure for determination of the structural integri~jr of the building. !Think we
need to require that this be done, in order to determine if it safe to allow the
building to remain. standing or if it needs to 6e demolished.
One other enforcement issue concerns dumping. As ! am informed by Kathy
Lamb, we also appear to have a gap in our enforcement procedures regarding
this problem. We appear to allow dumping for the purpose of filling a lot, for the
ultimate purpose of building on the lot However, we have cases where this
dumping is occurring over Long periods of lime -even years -and the
accompanying eyesore and potential safety hazard is an unfair burden on a
residential neighborhood, in my opinion. In addition, no standards apply to the
type of fill: hazard debris may be part of the fill. And again, where this is
occurring in buiGt up neighbofioods (particularly as in-fill projects involving Vacant
lots), we have very ugly situations and no enforcement authority.
If you are interested, I could suggest that we convene~a meeting to discuss these
issues.
cc: _ _ _ _ _
Laura Carstens
Rich Russell
T}3E QSY OF ~~
DAB E ~VIEMOR~I~T~UM
~,,,~.~
August 26, 2003
TO: Kathy Lamb, Housing Supervisor .
FROM: Susan Brennan, Zoning Enforcement Officer .
SUBJECT: 409 Burch Street ~ - . ~ ~.
This memo is in response to a complaint reported to Mike Van Milligen concerning the
:poor condition of the property at 409 Burch Street. The unoccupied house is owned by
John Henry White, whose last known address was 1620 Wyngate Drive, Apartment #6.
Since 1996, this property has presented problems in terms of maintenance. A
chronological history follows_
The single-family dwelling is situated on a large lot.: The home has been the subject of
a major.restoration since 1996 {and possibly before). Mr. White serves as his own
contractor for his home improvements. The project has been ongoing with work
.occurring sporadically when Mr. White has spare time. Based on my knowledge, the
house has been. in some degree of disrepair since 1996, with construction material and
debris stored outside the premises, including scaffolding and large piles of used lumber.
Housing Supervisor Kathy Lamb, Building Inspector Jeny Stoffel and 1 have all
attempted to address problems with this property.
On September 30, 1956, i issued a citation against Mr. White for failure to maintain his
yard and for outside storage of construction material and auto parts. The defendant
appeared in court and admitted the violation. Mr. White paid a $50 fine and X30 court
costs. Magistrate Lang issued an order permitting Mr. White to keep stacked firewood,
shingles for his residence,' and stacked bricks for his chimney. At that time, the only
building permit outstanding was for re-roofing equal in value to $975.
On April 20, 1999, Jerry Stoffe! wrote Mr. White about several Code violations (see
letter attached), including building materials and debris being stored in the yard of Mr.
White's residence.. ~ .
Memo to Kathy Lamb
409 Burch Street
Page 2
On February 8, 2000, the`fiome suffered a fire. At the time, Mr. White was living in the
home with his son. Captain McMahon said the fire was determined to be "accidental°
and likely caused by an improperly converted furnace from coal to fuel. According to
Captain McMahon, Mr. White had insurance, which paid-out an unknown sum for his
loss.
In June 2000, Mr. White obtained a building pem~it for re-roofing the home equal in
value to the amount of $1,600. The re-roofing building permit was the only .pending
building permit in September of 2000, when another complaint was received about the
junk and overall condition of this property.
After unsuccessfully attempting to work with Mr. White to. get him to clean up his
property and secure the proper building permits, he was again cited for outside storage
of junk and building materials by the Planning Services Department. Jerry Stolle! and
Kathy Lamb assisted with this endeavor. This timeF Mr. White hired an attorney and
challenged the Zoning Ordinance he was cited under.
The Zoning regulations address property uses in broad terms and speak of
"maintenance of the yard' in, a general sense, and only as being "a continuing obligation
of the owner of the ~property.° The Zoning regulations do -not specifically address or
prohibit outside storage of junk and other material. The exception is the storage of
inoperable vehicles:.
Magistrate Monica Athley ruled in favor of Mr. White and dismissed our ac#ion (see .
. order attached). The court's ruling was not surprising. Our Health, Housing and
Building Codes (plus Nuisance Ordinance) also regulate the same activities, but in a
much more specific manner.
A positive result of the issuance of the citation was that Mr. White immediately obtained
a building permit to build a garage and 12' x 15' foundation for a future two-story
addition.
About three weeks ago, Building Inspector Dennis Nackbarth contacted me about the
conditions at this property, and was going was to review whether Mr. White had applied
for all the necessary permits for his ongoing restoration project.
i recently inspected the premises for any zoning violations and found Mr. White was
unlawfully storing an unlicensed vehicle and a trailer on his property. A notice will be
sent to him requiring that he remove the improperly stored vehicles. 1 did not observe
any other zoning violations at this time.
Based on my experience, the court has been somewhat reluctant to order the remova!
of construction material or even construction debris when a construction project is
underway. The Building Department might want to review the current restrictions with
Memo to Kathy Lamb
409 Burch Street
.Page 3
respect to storage of building materials for possibly amendments to the Code in the
future. Under City Code 11-60(d}, concerning Demolition of Buildings, "...all "pieces,
parts, scraps, debris, rubbish and organic material from the building... shall be cleaned
daily unless otherwise specified on the pennit.° To minimize the current problems
produced at construction sites in terms of debris and storage of ma#erials, it is also
recommended that time restrictions be imposed on completion of construcfion projects.
For example, under Section 11.60{c), "All buildings relocated or moved must be made
ready for occupancy within 120 days from the time the building permit is issued.° No
such requirement currently exists for any other construction. The only requirement is
that the building or the job begin within'so many days from the time the building permit
is issued.
If 1 can be of further assistance, please let me know.
SBlmkr ~. .
Attachments .. ~ ~ -
cc: Laura Carstens, Planning Services Manager
Rich Russell, Building Services Manager
~~_
,4
~':' ,
_ IN THE IO JVA DISTRICT COURT, IN AND FOR DUBUQUE COUNTY .
r : - ~1LFD ~ :-
_~ CITY of DUBUO ~ ~ 31 JAN 23 P~ 8 1 `f - _
P1~s~F D1ST, COURT
DUBUQUE C 0. ! O 1NQ CICV 044463
vs.
JUDGMENT
JQHN HENRY VS~HITE
Defendant(s)
-This case came before the court for trial on December I4, 2000. The Defendant had
previously denied the allegation that he had violated City Ordinances 2-7.2 and 3-1.4. The ordinances
require continuing maintenance of the yard.
The Defendant's house suffered a fire that resulted in heavy damage. He undertook the task of
refurbishing the home, but it was talang quite a bit of time. In the early fall of 2000, the outside of the
home had debris all over the .place, including scaffolding, lumber, fasteners, tools, household
appliances and other various contents of the home. The Defendant received_a_notice.that he needed. to
clean. up the area. When he failed to do so to the satisfaction of the City, a citation was issued.
The Defendant explained.that the project was tedious and ongoing. Sorne of the items that.
. Klere seen in the Yazd tivere building materials and were not in the same location or in the same quantity
on a regular basis. The household appliances were stored underneath plastic covers and other attempts.
were made to cover the building matena]s so that they would not be an eye sore.
The City asserted fat the bcu7ding materials were being stored on the land for use at other
construction sites being worked on by the Defendant. Additionally, any accessory use of the property
did not inciude.continuous storage of arty materials. .
.The ordinances cited herein are fairly vague as to what is a permissible accessory use aad what
is not The ordinances do not speIl out what regulaz maintenance is required in order to be in
compliance with the directives. The project appears to be a very large undertaking and it does show
signs of constant flux
The burden is on the City in this matter to prove the violations and that burden has. not been
met here. The action is hereby DISMISSED.
~,
DONE AND ORDERED TTIIS ~ DAY O ~- ~ - 200E
MAGIS
Building Safety Department
5Q West 13th Street
Dubuque, Iowa 51A01-4864
(319) 589.4150
John Henry White
409 Burch St.
Dubuque, IA 52001
April 20, 1999
'HE CTTY OF ~
SUB
Re: Dwelling ~ Detached garage at 409 Burch St.,
Dear Property Owners: ~ .
I have recently inspected the above mentioned property and observed the
following conditions which I believe to. be a violation of -the Dubuque -
Building Code r ~ '
1: You were issued a building permit X33795 on 11/28/95 which has expired.
The shingles .have been partially removed from the house and the weather
protection has not been maintained. P.n approved. method of providing
weather protection shall .be installed.
2. The guardrail 'has been removed from the front porch. An approved.
guardrail -Shall .be installed.
3. The detached garage has been allowed ,to deteriorate to a point where
I believe that it. poses a hazard to the general public. Roof sheathing.
" has been removed, the ridge line is sagged, the walls are sacked and.
out of plumb. .This .structure appears to be in danger of .collapsing.
4.. Scaffolding and building materials and debris are being stored in ~he
side and rear. yard of this residential property.
°UBC Sec. 104 (d) requires .that all buildings and structures, both existing
and-new, and all parts thereof, shall be maintained in a safe and sanitary
condition: ,The owner or his designated agent shall be responsible for the
maintenance of buildings and structures.
You or your designated agent shall contact me by .phone at 589-4156 or in
person at the BuildingServices Department of the City of Dubuque ~at City
Hall, SO West 13th St. within five (5) working day of receiving this letter
between the hours- of 8 A.M. and 5 P.M. to establish methods, materials and
a time-table for the abatement of these safety hazards.
Re-spectfully,
lr l~~
/~ ~ /t
Gerald P. Stoffel
Building Inspector
cc: Rich Russell, Building Official, City of Dubuque ~`
Sue Brennan, Zoning Enforcement Officer, City of Dubuque +Y'
5ervic• People
Integrity Responsibility
Innovation Teamwork
40 - :Burgh S~
Q.-J J R ~ ~ --~i~.se_..~heet ~ Me
...~
1 Co
.
.
_._._- -----
Reroof 5.F.Frame bwellg.B.P. 1.185 1.x._7_62 7~p ;00__.
0-John White
~ __
C-Owner
t/o, reroof SF sd 6P33795 11/28/95. 975.00.
0-John White C-Owner
-t/o--,-reroo#-~F-tomes-Bfl4}82-2---6a~-5/-2-D90~~-1-600:OD-
--O=Jek~n-Wf~-i-t-® C-9wn~r
erect 22'x32' bsmt level.
~ncTn for futu
~
F' garage~w[capped roof & 12'x15 '
-
re
a ., S _
BP42392 9/29/2000
$14,400.00
~:_ --
H&CD
Housing and Community Developa+ens Department
General Houattg Program
1.805 Central Avenue
Dubuque, Lows 520013656
(563) 5B9-4i1 pira~e
(563) 589-424! fax
09/01/04
JOHN HENRY•WAITE
3 6 0 BIIRCH
DUBUQUB~ IA 52001
RE: 409 HURCH 8T
VAH409 - 1 UNIT/~iTITS
DEAR HOUSING PROVIDER:
Tl~QTY OrFR
L V 1-~
d~~~
A housing inspection was performed at 409 BURGH ST ox1
09/01/04, as required by our housing ordinance. The legal
description of the property inspected is as follo~rs
LOT 4 BURGHS SDH.
The inspector's findings are noted on the attached list_ The
report identifies the necessary repairs and locates them by the
room or area of the dwelling where they exist.
A reinspectioa is scheduled for 09/10/04 at 01:00_ If this
date or time is inconvenient or you seed more time to make repairs,
please cal•1 Bobbi at 589-4231 to arrange for another time_ If you
have questions about your inspection, please contact Kathy Lamb,
Senior Housing Inspector or me at 559-4231. I am normally in the
off ice until 8:45 am, from ~ ; 00 •pin watil • 1 c 30 pm anal after 4 : 00 pm
daily. = am not expecting that all violations to be corrected at
this time, xowever, I aan expecting to see effort toward compliance.
I~caa grant add~.tional time to make repairs as long as effort is
shown. ''
Please note, prior to beginning nay work you should check with the
Building Department (589-4150) and the Historic F_reservation
Commission (589-4213) to determine if a permit is =squired. If you
wish to appeal this notice to the Housing Code Appeals Hoard, an
Appeal Form is enclosed with this inspection report.
Ttiarlac• you for w rking with us in provida.ng quality •housi3lg!
F.
iivusing Services Department •
cc: file - 2
04-00655
OTHER
Service People InEagtirp Rnpo~slhalty Umwstloa~ 7eaa-acdc
EAC~i IT~K TO BS REPAIRED WILL B8 LISTED BY ITS LOCATIQN,. CODS S,SCT-tON A11m
PROBI~M, DSSC~IP'rION. ALSO, TSOSB, REPAIR ITBM,S LISTED. WITS 'AN * ~ICATBD .
THAT TSI,S ITSD~ APPEARS 7.'O BB TSB RSSPQNSI$~.?'?'o OF TSS T~Il~iI~TP TO REPAIR .
** 409 BDRCH ST ** •
--~AC1~iTIDN OF VIOLATION--
--COD$ S~IQA---
--B$PEC~`SD REPAIRS--
BLDG
BXTSRIOIZ
26-10 .. (g) (3) b. S8R COl~!$NT SECTION AT T~ EIS OF TEE, REPORT.
EXTERIOR
•2 6 -10 . (g) (3) a . . SSE COI~lSNT SECTION AT TSB SrID OF TA$ REPORT .
BLDG .
$XTSRIOR
2 6'-10 . (d) (2) . SE8 CObH~sN'T .SSCTI ON • AT TIiB 8DID OF T88. REPORT .
BLDG
TX'1~RIOR
2 6 -10 . { j) { 3 } b _ SEB CONII~JSNT SECTION AT TH$ 8ND OF T~ REPORT .
BLDG .. . ' . . ' .. _
SRTSRIOR
2 6 - 3 . {b ), (1) h _ S S8 COMMEN'P •SECTION AT T~ SND OF TS8 • REPORT .
BLDG
ROOF
26-iQ.(g)(3Ja. sES COMMENT SECTION AT TSS END OF TSB REPORT.
**CO1~+ESSN'PS - 409 H'QRCH. STRS$T**
WHEN $V~t TS$ OWNER PRRMITS A BUILDING TO D$TSRIORAT$ OR BECOME
DILAPIDATED OR BLIGST~ TO T$E EXTENT THAT TS8 E.7CTffitIOR OF T~
BUILDI]~G DO$S NOT COMPLY WIT$ SECTION 26-10 OF ~~ HOUSING CQDE, TSB
HOIISING OFFICER SHALL ISSUS.WRI1TBiQ NOTIC$, DI,R$CTING T88 OWNER OF
SUCS BUILDINGS TO RgN1~f9Y SUCS DHFBCTS .
1. SVEI2Y ~~TOR WALL AND ROOF MAST HE SDBSTANTIALLY WFATHERTIG$T,
•WATERTIGHT, RODENT PROOF AND MAINTAINED IN GOOD R$PA.IR. ROOF IS
COVE WIT$ PLASTIC AND SIDSWALLS ARE OPRN. BUILDING MAST 8S
MAINTAINED WBATSER AND WATER TIGHT -ALL BUILDING OPS[1TINGS MUST BS
PROPERLY S$ALSD. EIIIL•DING WALLS AR$ OPT. ISIS WAS ORDERED REPAIRED
WITHIN 30 DAYS OR SY OCTOBER 1, 2004. AS OF THIS DAIS (11-05-04), TH8
BUILDING OPENINGS HAVE NOT BSffi~T PROPffi2LY R$PLACED, SSAI,SD AND/OR
MAIN'.LAIN~7 WATER-PROOF.
2. THB ROOF ALSO WAS TO BB RgPAIR$D 8Y OCT088R 1, 2004, A FTN3T,
COMPLIANCE DATE OF -$Y OCTOBER 29, 2004 pPAS GIVEN. ROOF r7AS NOT SSE~T
PROPERLY REPAIRS AND IS STILL COVERED WITS PLASTIC.
3. EVERY ffiCTERIOR DOOR AND WINDOW MUST BS WSAT~RTIGHT AND
WATERTIGHT, RODENT PROOF AND I~PT IN GOOD REPAIRS. ALL BUILDING
OPSN2NG MUST 88 PROPERLY SEAL$D, SUC~i AS GARAGES, WINDOWS AMID DOORS
WITS SOLID MATERIAL. WINDOW GLAS6 AND DOORS MUST BE PROPERLY PAZNr];D
AND/OR STAINED AND PROPERLY INSTALLhD IN PLACE. NOTE: WINDOws AMID
WATERTIGHT, RODENT PROOF A1~ID KEPT IN GOOD 1~SPAIRS . ALL SUILDIN~G
OPB~TING MOST BS PROPERLY SBA.L$D, SUCH AS GARAG$F, WINDOtd9. AND DOORS .
WINDOW GLAS.S• AND ,DOORS MIIST BS PROPERLY •PAINTBD AND/OR STAINi;D Ai1ID
PROPERLY INSTALLED IN PLACE. NOTE: WINDOWS AND DOORS VISIBLE FROM
T88 STR88T SIDS MAY NOT'SB.COVBRLD WITH PLYWOOD OR OTHER MAILRrnT• ON
TH'S STREh~ SIDE, WINDOW AND DOOR OPffidINGS MAY BE COVSItSD TF COVERING
MATERIAL .IS •CDT TO FIT THE OPTING AND ~PROT8C3'~D KITH PASI~PT OR
C~tICAL PRBSSRVATION: ISIS MUST BE COMPLIED•••TO•BY OCTOHBR.1; 2Q04.
5. TH$ SIT$ AND N8IGH80RHOOD•MUST NOT•AeCVMULATB ANY MATSRiAL IN SUCK
A MAAIl~IBR TEAT TSSY MAY PROVID$ FTARBORAGS FOR ROD$NTS . $LIMINATS THS
STORAGE OF CONSTRT7CTION MATBRTA/ ON REStDENTrn r, YARDSPAC$ . COMPLY 8Y
~. --- g~PT~O-: 2004. : -.. ~._ ._.:... _ _ . ~----- -- - ~_.-. -
6. SV$RY DOOR AND i~iINDOW ASSSSSIBT..B FROM OUTSID$ THS TJNIT MUST H$
LOCKA~BL~ ALVD.MAINTAINED 9LCQRS AGAINST UNAUTHORIZED ENTRY. COMPLY HY
SBPT • 10; 200# _ •
7. RTMOVS ALL BANGING TARPS A1~TD PLASTIC IN~KSDIATELY. COMPLY HY S$PT.
X0, .20.04 _
FAILgR$ TQ COMPLY SHALL RSSTJLT IN THE TrITY FIRING A PRIFATS CON'1ZtACTOR .
Z"O MAKE TH$ N$C$SSARY RRPA.IRS AMID TSS COSTS WILL H$ ASS$SSSD AGAINST
T~ PROPERTY IN TS$ SAM$ MANNER TgAT PROPERTY TAXES ~ ASSESSED.
RXTSNSYON OF TIMFy MAY BL GRANTED WITS GOOD. CAITS$ BUT ;CAN NOT H8
G~ANTSD HBYOI~ SIXTY(60) .DAYS FROM sSPT. 1, , 2004 OR BY NOVBN~$R I,
2004.
H6sCD
c~ ~~' t?evelopsnenc t
~ ~
1605 Cent:sl Ave~e
Dubuqua, ~ 5200i.~656
(5°)'6~ F~ ORDER
(563) 5@9-1214 fax
10/08/04 ~•~
JOHN HENRY WHITE
36o BvRCH
DUBUQUB, •IA 52001
~~~
LVD E
®~t-
FOR IMh1EDIATE REPAIR
. ~~s
R.E : 4 0 9 HURGE~ ST
VAB409 - 1 UNIT/UNITS
DEAR $OIISING PROVIDER:
A housing inspection was performed at
10/01/04, as required by our housing
deecriptivn of the property inspected
LOT 4 HIIRCSS SUB_
409 SDRCH ST on
ordinance. The legal
is as follows:
. ;:~' ~t;
The inspector~e findings are noted on the attached list. The
report identifies the necessary repairs and locates theta by the
room or area of the dwelling where they exi8t.
TSB REPAIRS ARE OF A SERIOUS NATURB WAICIi RLQU7RSS II~IATE
ATTENTION. A LIST OF•LSSB SSRIOIIS NBED~ REPAIRS WILL FOLLOW AT
A LATER TIME. •WE REQUIRE Tl3AT•TBSSS REPAIRS B$ MADE INA4DIATSLY.
A reinspection is scheduled for 10/29/04 at 10:30. If this
date or time is inconvenient or you need more time to make repairs,
please call Bobbi at 589-4231 to arrange for another tune. If you
have questions about your inspection, please contact Kathy Lamb,
Senicr Housing Inspector or ttte at 589-4231. I am normally in the
office until 8 :45 am, frotn• l: QO.•pm until 1:30• Pm and • after 4:00 pm
daily. I am note expecting that all vfo3atioas to be• coirected at
t2iis tittle. However, I atn expecting to see effort toward Compliance.
I can grant additional time to make repairs as long as effort is
shoran. •
Please note, pxior to beginning nay work you should check with the
Building Department (589-4150) and the Historic Preservation
Commieeion {589-4213) to determine if a permit is required. If you
wish to appeal this notice to'the Housing Code Appeals Board, an
Appeal Form is enclosed with this iaspectiaa report. ~ •
Thank you for working with us is providing quality housing!
ItA EN F .
Housing Services Department
....
~: ,;'~?
~.•.~ :-.
~,~..,.•
~~~•~:
~•i
'~•", ~ 1
cc: file - 2
04-00655
Seeice People 1ide~ Rapan."ta~itr iin,o..floe Teamwork
F.ACg I'i~l TO SS BSPAIRID iTILL BS •LI$T8D HY ITS IACATIO~T, CODS. SECTION A1®
PROHL~ DBSCRTPTION* ALSO, THIOS$ REPAIR ITEMS LISTID NIA A~ * ~IDIC1~1'Si3
T&4T T$IS ITEM APPEARS TO B$ TBB RSSPONSIHILITY OF TID3 TENANT T+Q REPAIR.
Y * 409 SDRCH ST *~
** 04-00655 **
- -LOCATION •dF yIOLATIQN_
--CADS SSCl'ION--
-- REPAIRS--
BLDG
gXT~RIOR
BLDG
HXTSRIOR
BLDG
EXTERIOR
25-10. (d) (2)
BLDG
BKTBRIOR
BLDG
BXTSRIOR• .
BLDG
ROOF.
SBE CONIl+03NT SECTION AT THE ffivD OF TBB REPORT .
SSB COI+Il~TT SECTION 1~'I' ~ BrID OF THS REPORT.
SS8 t;OMMHN'T' BgC:TION AT TEB 8ND OF THE REPORT,
SBS COP+IlKSNT SECTION AT Tim BrID OF T$$ REPORT
SSB CONIIrlSNT SECTION • AT TES SND OF TF~R REPORT .
26-ZO.(g)(3)a. SR$ COMMENT•S8CT20N AT THB BrID OF THS•RSPORT.
"*EOHII~NTS - 409 HURC& STREET** ~ .,
WB~iT• EVER T8$ 0 PgRMITS A BUILDING , TO • DST$RIORATS OR,•; 88CON18
DILAPIDATED OR SLIGSTgb TO TSS EXTk:NT THAT THE'IDCTSRIOR OF T$8
BUILD2~1G DO$$ NC?T COMPLY ialTS SECTION 26-10 .OF ~'$$ •$QIT$ING CODE, TSB
• HOUSING OFFICER SIiALL ISSUE QPR•ITrBN NOTICE, DIRECTING TSE O~iPNSR OF
SUCS SIIILUINGS TO RgMBDY SIICS DHFRCTS.
1. LVfiRY B~LT'ERIOR WALL AND ROOF MUST BS SQBSTANTIALLY WSATAZRTIC~T,
WATSRTIC=ST, ROD$N'P PROOF APID MAINTAINED IN GOOD KEPAIR. ROOF IS
COVERED .WYTS• PLASTIC AND SIDE9~ALLS ARB OPBN•. SUILUING MUST BB
MAINTAINED WEATHER AND WATER TIGS'I~ -ALL BUILDING OP$NIN~S,MUST B$
PROPERLY SSAL~SD. • BUILDING PALLS AR$ OPT. THIS WAS ORDFdREl~ RBPAIRTD
WITHIN 30 DAYS OR SY OC''Z~OBER 1, 2004. A FINAL COMPLIANCE DA.T$ 0$
OCTOBER 29, 2004 MAST B8 MST. '
2. THg ROOF. ALSO WAS TO Hg R$PAIRSD BY OC3'OBffit 1, 2004. A FIIOfL
COMPLIANCE DATE OF HY OCT088R 29, 2004 IS GIVEN AT THIS TII~.
3_ EVERY EXTERIOR DOOR AND WIlID09~ MUST 88 WSATHgRTIGHT AMID
WATERTIGHT. RODENT PROOF AND KEPT IN GOOD REPAIRS. ALL BUILDING
OPENING MUST BE PROPERLY SEALID, SUCH AS GARAG$S, WINDOiPS AND DOOAS
WITH SOLID MATERIAL. WINDOW GLASS AMID DOORS MUST BB PROPERLY PAINTED
AND/OR STAINED AND PROPERLY INSTALLID IN PLACE. NOTSs WINDOWS AND
DOORS VISIBLE FROM THS STREET SIDE MAY NOT HS COVERED WITH PLYWOOD OR
OTBER MATERIAL ON THS STREET SIDE, WINDOW AND HOOK OPENINGS MAY a8
'COVgRSD IF COVERING MATERIAL IS .CUT TO FIT THFS O,PSNING AND PRO.T$CTryD
WITH 'RAIN'S QR CHEMICAL. PRESERYATZON. THIS WAS, TO $S COMPLIED TO BY
(,1'CTOBSR '1, 2004. :A FINAL CO~+1$LIANCE. DATE OF OCTOBER 29,, 2004 IS
GRAN'I'~p . ,.
4. •T~ SITE AI+ID NEIGHBORHOOD MiJBT NOT ACCUMDLATE ANY MATERIAL IN SUCH
A ~ THAT TTU3Y MAY PROy.I]~$ HARBORAGE FOR RODENTS . .SZIMINATB TFIB
STOk2AG8 •OF CONSTRDCTIQN iKATER?nT• ON RBSTDiAL YARDSPAC$ . COI~LIANCE
BY~ ~BPT : 10 ,' 20 p4 WAS ORDSRBD . A FrNAI. COMPLIANC$ DATE OF. OCTOBER
29, 2004 IS GIVEN.
5. EVERY DOOR AND iiINDOid ASSESSIBLB FROM ODTSID$ TSS IINIT MAST BE
LOCRABLY3 AND MA.INTAINSD S~CORg AGAINST DI~4;UTSORIZBD , ENTRY. COMPLIANCE
BY SEPT 10, 2004 SPAS ORDERED. A FINAL COMPLAINCB DATE OF OCTOBER 29,
2004 I3 GRANTED. ~ .'
6. RffiKOVE ALL HANGING TARPS ACID PLASTIC IMNlSi1ZATELY. COMPLIANCE WAS
ORDffitSD BY SEPT. 1,0, 2004. A 3~'IrTAL COMPLIANCE ~ATB OF OCTOBER 29, 2004
IS ORDERED. ~. ~ ~ .'
FAILURE TO CAMPI~Y SHALL RESULT TN TSE :CITY .HIRING' A PRIVETS C0111TRAC~OR
TO l~l~ T~ NSC$SSARY REPAIRS AIQD TSS COSTS HILL BB ASS$SSED AGAINST
T88 PROPERTY IN THS SA!'D3 MANNER TART PROPERTY TARES ARE ASSSSSSD.• .
BRTSNSION OF TIl~ MAY HS GRANTED WITH GOOD CAUSE BDT CAN NOT BE
GRANTED BEYOND SIItTY(60) DAYS FROM S$PT. i, 2004 OR BY•NOV~SR 1,
2004. ~ •
H&CD
General Fiouaalg Pro ~~
18Q5 Central Avenue
Dubuque, Sown 5200156
(~ ~~~' 1070 ORDER
(569) 5as•i2t~ lax
5 ~ ~ue.org
JOHN HENRY WHITE
3 60 HIIR.CH
DIIBIIQUB, IA 52001
FOR IMMEDIATE REPAIR
rt~~r7op
1JVB
i~%~-`~
RS: 409 BURCB ST
VA$409 - 1 UNIT/'Qr7ITS
DEAR HOUSINU PROVIDER:
A housing inspection was performed at 409 BUitCH ST on
11/05/04, as required by our hdusing ordinance. The legal
description of the property inspected is as follows:
LOT 4 BURCSS SUB.
The inspectors findings are noted on the attached list. The
report identifies the necessary repaire•and locates them by the
room or area of the dwelling where they exist.
TS$SS • REPAIRS ARE OF• A SERIOUS NATURE WHIGS R~IIIRBS IrII~IBDIAT$
ATZ'8~1"PION. A LIST QF L$SS SERIOUS NEEDED R•SPAIRS TRILL FOLLOW 3~T
A LATI3R TI1~ . WE REQIIIRF THAT TFi8S8 REPAIRS 88 MAD$ INIIHDIATSLY.
A reiaspection is Scheduled for 1.2/01/04 at 01:30. If this
date or time ie inconveaiemt or you need more time to make repairs,
pieaee call Bobbi at 589-4231 to axrange for another tiros: • If you
have questions about your•inspection, please contact Kathy Lamb,
Senior Housing Inspector or tae at 589-4231. I am normally in the
office until 8 :•45 am, • from 1: 0o ptn wntil 1:30 pm and after 4 ; 00 pat
daily. I am aot• expecting that all violations to be corrected at
tli.is tine. However, I am expecting to see effort toward compliance.
I can grant additional time to make repairs as long as effort is
shown.
Please note, prior to beginning any work you should check with the
Building Department (589-4150) and the Historic Preservatio~a
Cvmmiaeion 1589-4213) to determine if a permit is required, if you
wish to appeal this notice to the Housing Code Appeals Board, an
Appeal Form is enclosed vri.th this inspection report.
Thank you for working with ue in providing quality housingl
Effi~T F . LAi+~
Housing Services Department
cc: file - 2
04-00655
Service ~iDP~ h' X17 h~aavation TeAOnwazk
SACS ITB~I TO SB R~PAIRBD WILL BB LISTED BY ITS LOCATION, COD$ SECTION A'l+ID
PRCIBL~ DgSCEtIPTION. ALSO, TSOSB &SPAIR ITEMS LISTED TdfITH AN * INDZCAT$Ll
TEAT THIS ITBrt APP$ARS TO SB 2'88 RSSPONSIHILITY OF TH6 TBrTAN~r TO REPAIR.
** 409 BIDRCS ST **
** 04-00655 **
--LOCATION OF VIOLATION--
- -CQD}3 SBCPION- - .
--~gCTEO REPAIRS--
$LDG
EXTERIOR
26-10. {g) (3)b. SEB COHIl~N'P SECTION AT THS E1~ID OF THS RFsPORT.
EXTERIOR
26-10 . (g) (3) a _ SFS COI~9KENT SECTION AT TSB •END OF TSR REPORT.
HLDC
BRTSRIOR •
26-10. id) (2) SSS CONIl+QSNT STsCTION AT TOTE $ND OF TFiE REPORT.
HLDG .
$X'1'SRIOR
2 6 -10 . (j) (3 } b . SE.S C0~ SECTION AT T88 F,i+iD OF • THB REPORT .
BLDG
EXTERIOR .
26-3. (b) (1)h_ SI3$ COMMENT SECTION AT TAB SND OF TS8 REPORT.
BLDG
ROOF
26-10.{g)(3)a. S88 COMMENT SECTION AT THS ~ OF TBB REPORT.
YARD
26-10.(1)(2). SSS COMMENT SECTION AT TSE END OF T88 REPORT.
* * COI~+ISNTS - 4 0 9 BURGH STRLBT*
WHEDT BVSR TH8 OWNER P$RMITS A BUILDING TO DSTSRIORATB OR HECOMS
DILA~'IDATBD OR HLIGATSD TO THS $XTSN'P•T$AT TS$ EXTERIOR OF T88
BUILDING DOLE NOT COMPLY WITH SBCTTON•Z5-10 OP' THS SODSING CODS, TH$
HOUSING OFFICER SHALL ISSUE WRITTEN NOTICE, DIRECTING THE OWNER OF
SUC$ BUILDINGS TO RFs'MEDY 3UC~ DEFECT'S . .
1. MAINTAIN TSS YARD SPACE IN PROP$R.ORDBR HY REGULARLY CDTTING ALL
ACCUMULATED WSRDS AND OVBRGROT~9't'H THROUG80UT THB PROP$R.TY. THIS MtTST
B$ COMPLIED TO 9oITIiIN T&N DAYS OR BY SEPT. 10TH, 2004 BY 1:00 PM.
2. $YBRY 73XTSRxOR WALL AND ROOF MUST BE SUBSTANTIALLY WEATA$RTIGHT,
WATERTIGHT, RODENT PROOF AND MAINTAINED IN GOOD.RSPAIR. ROOF IS
COVERED WITH PLASTIC AND SIDSWALLS ARS OPII~T. BUILDING MUST BF
MAINTAINED WEATHER AND WATBit TIGHT -ALL BUILDING OPEi~TING$ MUST B8
PROPERLY SEALRD. BUILDING WALLS ARE OPEIiT. THIS MIIST BS REPATRFdD
WITHIN 30 DAYS OR SY OCTOBER 1, 2004.
3. TSS ROOF ALSO MUST HB REPAIRED BY OCTOBER 1, 2004. COMPLY BY
OCTOBER 1, 2004.
4. EVERY &~CTSRIOR DOOR AND WINDOW MUST HE WEATFiERTIGFIT AND
,~, -._, _
DOORS VYSIBL$ FROM. T~ ,STREET SIDE MAY NOT 'BE COVSRLD WITH PLYWOOD OR '
OTHS$ MA~.',~RZAI, ON 3'fi8 .STREET SIDE, WINDOW ~ID DOOR OPENINGS MAY 'BB
- ---.~~~~~~vBR~~•~T~r~~~ccrr To FiT-T~ opBxzx~~.vn-pxoTBCrsD -- - -
~WITS•• PAII~IT OR •C~sN1ICAI:.~RSSSRVATiON. T$TS.:~PAS• T'~ BB COMPLTSI?' BY•
OCTO.BBit 1, 2004. '•A FINAL COMPY,TANCS DATE OF OC'1'OBSR 29; •200.4 ATAS' •
GRANTED . ~ NO cOMPLAINC$ AT ' TSIB TIME . ~ '
4 . .'N'HS • SITE •AND NBIGHBQRHOOD •MLT$T NOT ACCt7MIILATS ANY ~~a rnr. ~ SUCH
A MA1+II~R TEAT ,'TBBY MAY • PROVZDS HARBORAGE ,ROB . RODBNT~ . I3LTM•IISATS .~
STORAGE . OF CONSTR~iCI'ION MATERIAL ON RESIDENTIAL' .YARDSPACS . •COMPLI~iNCB
BY SEPT. 10, 2004 WAS 08D$R~_ A FIIi~iT, CON~PLYANC$ DATE OF OCTOBER
29, 2004 WAS ~GIV$N. (Np CQMPLIANCS AS ON NOV. 5, 2004. )
5 . $VSRY DOOR AND• PIINpOW ASSSSSIBLB FROM OUTS IDS TBB, .:UNIT . MDS°.C , BS
LOCKABL$ AND ~r~rrn t~ '• Sg~g ~AGAIl~ST •'ONA'13T$ORIZSQ 8NTliX . COMPLIANCE
HY •SSPT ~0, 2004 WAS ORDgRSD. ~ .A''FZNAL C0~?LAINCB •DATS OF OCTOBER 29,
2D04 WAS GRn~]TBD. •NO COMPLIANC$ AS •OF TIiIS., pATg . - '11-0~-20.0.4 .
• 6 . R$MOVE ALL ffi4NGING TARPS AND .PLASTIC • iDIATSLY, ' C~LIANC;R WAS
ORD$R$D ~Y • SSPT . Y 0 , 2 0 0 4 . A FINAL. COMPLIP,,~TCS' DATE OF OCI'OBSR ~ 9 , 2 0 04
WA3 ' oRDSRSD . ~PROPI~RTY :OWNER F1AS ~'AI~ T0, COMPLY AS DIRS~°I'SD .
• '-•' ...
PROPERTY IS B$ING TUI~TSD Oyu TO CITY'S 'LEGAL' COUNCIL FOR. •F'•[JRT,~R
L$GAL ACTION . MI SS 3.T1G iPII~IDOWS AND DOOR$ HAVE • NOT BEST INS't'n r.r.Trn ~
TB$ BIIILDING OPSZiTINGS. PAINTING OF SUIDL1Nt3. EXTERIOR, xIdCLDDING DOORS,
ATI~iIDOWS, TRIM,' SIDING, STC_ gAS NOT 8$~1 DONS . .
SINCE YOU $AV8 FAILED TO COMPLY, THE CITY WILL STA&T LEGfiiL ACTION TO
ASSURE •COMPLIANCS . ~ .
SXTffi1TS.ION OF TiM$ MAY B$ GRANTED WITH GOOD CAUS$ BUT CAN NOT BS
GRANRBD BSY~DI~ SIXTY(60) DAYS FROM SEPT. 1, 2.004 OR BY NOVEMBER 1,
2004. (AS •OF NOVEI-IDSR 5, 2004, COMPLIANC$ HAS .NOT OCCURRED. }
• .. .. • ••rc~croF •r ~'
• eanaral,Ho~slno • ~flUSINC:COJ~~•,App~,~,S BO.e~B,D. ~ `"~':• r°r"'"'•" . .
99A ~ ey`ICE~ 52oA.1•.3658' ~ ' ~+.~Q~~~" . ~ ' ' • . . ':: • .
• 919;;589¢4. :. ... :.
Ytei ~ ad'th~t~e.~Eo~w.m$ ~ a~e~1e ~,,paldyaanot ag~a wti~t a apocrfic . • ,
I. W2t~a five (~ wccl~g d~ c~ssult Witl- #lu and~gned ~tspocc~t ~ o if a m~asllq •
..agb..I.a,c~tn~se;a~o~ctiv~ ,;~•~ • • ~ ,• - • • '. • '
,?~.
~onddcr, • ..... •, .. . ~ .. . ..
• ~ 3. W.~tm,so~rt+ap4 (14~.$~ ~ t]te tl~da~eNotxe Afld Char ~s i ~ ~.°F~°0t~:~?°•Haas~B •• '
;. ,. _
:,
. •.
09VNERIA~IT.A?~DRPSS: .•
HLIU~DIriG/I.Al~ID INVOLY81?
• ~~ ORACTiON P3tOT$STSD. AsIIID.WFiY: . • •
Il~7SPEGTQR SSA 58I SSMR GII RfiH
(Office Uee Qply) CODE VIOLATION #:
JOHN WHITE PROPERTY
409 BURCH STREET
DUBUaUE~ IOWA 52001
Kane Appraisal & Real Estate Inc.
14858 West Ridge Lane, Suite #8
Dubuque, Iowa 52003
Ph: 563-556-2068
Fax: 563-557-8107
LIMITED SUMMARY APPRAISAL REPORT
Subject Property: John White Property
409 Burch Street
Dubuque, Iowa 52001
Date of Valuation: April 14, 2005
Legal: Lot 4 Burchs Sub. all in City of Dubuque, Iowa
Parcel Number: 10-25-177-024
Client 8~ Intended User: Mr. Bany A. Lindahl, Esq.
City of Dubuque, Iowa
300 Main Street
Suite 330 Harbor View Place
Dubuque, Iowa 52001
Purpose: The purpose of the Limited Summary Appraisal Report is to estimate
a Present Market Value of the Fee Simple Interest of the subject properly.
Definition: Market Value is defined by The Appraisal Foundation in its
Uniform Standards of Professional Appraisal Practice as "the most probable
price which a property should bring in a competitive and open market under all
conditions, requisite to a fair sale, the buyer and seller, each acting prudently,
knowledgeably and assuming the price is not affected by undue stimulus°.
Implicit in this definition is consummation of a sale as of a specific date and
passing title from seller to buyer under conditions whereby:
- Buyer and seller are typically motivated;
- Both parties are well informed or well advised and each acting in what he
considers his own best~interest;
- A reasonable time is allowed for exposure in the open market;
- Payment is made in terms of cash in U.S. dollars or in terms of financial
arrangements comparable thereto; and
The price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions granted by
anyone associated with the sale.
2
SALIENT FACTS SUMMARY
Property Type:
Property Location:
Owner:
Date of Inspection:
Date of Valuation:
Date or Report:
Property Rights Appraised
Residential
409 Burch Street
Dubuque, Iowa 52001
John H. White
April 14, 2005 (Exterior Inspection)
April 14, 2005
April 25, 2005
Fee Simple Interest
Site Data: 7,800/SF or .18 acres more or less
Access and Visibility: Average/Average
Improvement Data: 2 story frame house consisting of 1,085/SF on
main floor, 1,045/SF on 2"d for a total of
2,130/SFabove grade with afull-unfinished
basement
Zoning: R-3 Moderate Density Multi-Family Residential
District
Legal Description: ~ Lot 4 Burchs Sub all in City of Dubuque, Iowa
Market Values: Land Value (As Though Vacant) $21,000
Land Value (As Though Improved) $11,000
Cost Approach Not Analyzed
Sales Comparison Approach $21,000
income Approach Not Analyzed
Date of Appraisal: Mark P. Tressel inspected the exterior of subject property
formally on April 14, 2005.
Sale History: According to the Dubuque City Assessor the subject property has
not transfened in the past five years.
Parcel Number: 10-25-177-024
Personal Properly: No personal property is included in market value. All stone
and building materials located on subject property are considered personal
property and not included.
Function of Appraisal: The function of the appraisal is to establish the Market
Value of the subject property and improvements for acquisition purposes.
Appraisal Process: The subject property consists of one rectangular parcel
consisting of a total of approximately 7,800/SF or .18 acres and is improved with
a 2-story frame house, which has sustained significant fire damage to interior.
Subject analysis was based on exterior inspection and considering subject house
as a shell building.
The Appraisal Process involves three approaches to value, Cost Approach,
Sales Comparison Approach and Income Approach. The Cost Approach was not
considered due to fire damage and unavailability of inspecting interior of subject
house. Land value "As Though Vacant" was estimated in lieu of Cost Approach.
The Sales Comparison Approach was analyzed comparing similar improved
properties directly to subject property. The Income Approach was not considered
due to the subject property currently being uninhabitable due to condition.
Limitiing Conditions: All value estimates herein are subject to the subject
property being surveyed and platted according to the legal description
aforementioned.
AI! value estimates herein are subject #o exterior walls, foundation and roof being
structurally sound.
Hazardous Materials: The value estimate is based upon the assumption that
there are no hazardous materials on site. We are no qualified to discern the
presence or absence of such materials (asbestos, lead base paint, underground
tanks, etc.} but are aware that they can have a significant effect upon the value of
the property. No responsibility is assumed for any such conditions, or for any
expertise or engineering knowledge required to discover them. The client is
urged to retain an environmental specialist for an assessment with regard to the
potential or existence of any environmental contamination of any kind.
4
American With Disabilities Act: The Americans with Disabilities Act (ADA)
became effective January 26, 1992. We have not made a specific compliance
survey and analysis of this property to determine whether or not it is in conformity
with the various detailed requirements of the ADA. A detailed survey could reveal
that the property is not in compliance with one or more of the requirements of the
ADA, which could have a negative effect upon its value.
Appraisal Analysis: The subject property is located on east side of Dubuque,
Iowa in a residential neighborhood near Mercy Hospital.
The Cost Approach was no# analyzed due to fire damage and unavailability of
interior inspection. Land value "As Though Vacant" was analyzed in lieu of Cost
Approach.
The Sales Comparison Approach was analyzed comparing similar improved
properties directly to subject property.
The Income Approach was not analyzed due to uninhabitable status in present
condition.
Purpose and Date of Valuation: The purpose of the Complete Summary
Appraisal Report is to estimate the Market Value of the Fee Simple Interest as
represented to me of the subject property as of April 14, 2005.
Neighborhood Description: Subject neighborhood is located atop the bluffs on
east side of Dubuque, Iowa. Subject neighborhood boundaries are considered
Summit Street to the east, W. 3"~ Street to the south and Hill Street to the west
and north. Subject neighborhood is predominately residential with a nursing
home, Mercy Hospital and medical offices adjacent to the south. Subject
neighborhood is considered to be in a stabilization stage with minimal vacancies
and properties typically average to well maintained.
Site Description: Subject property consists of one rectangular shaped comer
parcel. The subject property has average visibility/access. Subject has 60' of
frontage on Burch Street with curb cut for ingress and egress. Subject property
consists of 7,800/SF or,.18 acres more or less. Subject property topography is
sloping south side to north side providing walkout at grade access on north side.
There are no apparent adverse easement or encroachments. Subject property is
considered 100% developable. Subject drainage appears adequate to lot lines.
Description of Improvements
Subject property is improved with a 2-story house on a stone foundation
consisting of 2,130/SF above grade. Subject house has 133/SF open front porch
and 2-car concrete attached/under garage on the rear north side at walkout level.
Subject house was built in 1886
Exterior: Subject house is a 2-story Victorian frame house with gabled roof.
Subject house was damaged by fire several years ago and appears to be in a
stagnant period of repair. The roof has partial asphalt shingle, partial felt paper
over wood and partial plastic tarp. The house sides are wood, partially pained
with remainder wrapped in Tyvek insulation or bare wood sidewalls. There are
many double hung windows of which 40% are boarded up. The front porch entry
is damaged and wrapped in a tarp. The stone foundation appears to be in
average condition. There are no gutters or downspouts. There is a concrete
sidewalk in front and along south side of house and a gravel drive along north
side of house. There is a significant amount of stone on subject property along
with some building materials.
Interior: No inspection of interior. Subject house has not been inhabited in
several years and utilities appear to have been disconnected.
Subject improvements appear to be in fair condition for a rehabilitation project.
Subject building appears secure from the weather.
6
HIGHEST AND BEST USE
Highest and Best Use "As Though Vacant": The subject property is zoned
R-3 Moderate Density Multi-Family Residential District and development as
single family residential property is considered one of the Highest and Best Uses
"As Though Vacant".
Highest and Best Use "As Though Improved": Subject building has an 23%
footprint and use as a single family residence, prior to fire was considered one
the highest and best uses and conformed to the trend of the neighborhood.
Flood Zone: Subject property is located on east side of Dubuque, Iowa in a
Zone X Flood Zone which is a no hazard flood area. See Map # 19518000068,
Dated 9/6/1989 in the Addenda of report.
Assessment and Taxes:
Subject property was last assessed in 2004 as follows:
Land $16,300
Buildings $20,100
Total $36,400
Subject property taxes for 2003-2004 are $348.00
Cost Approach
Methodology: In the Cost Approach, an indication of value of the property is
derived by adding the depreciated cost of the improvements to the value of the
site, as if vacant and available for its Highest and Best Use.
The value of land has been analyzing similar parcels of land sold in the subject
area and adjusting for characteristics. The value is then added to the
replacement cost of the subject building. The replacement cost estimates are
from Marshall Valuation Service, a national cost service, as well as local
construction data. After the development of a replacement cost new figure,
allowances were made for all forms of depreciation. Once the depreciated value
of the improvements is shown, the contributing value of the site improvements
along with the contributing value of the underlying land is then added in order to
arrive at a final indication of value by the Cost Approach.
Value Analysis: Subject building was built in 1886 and prior to fire several years
ago, operated as single family residential home. No inspection of house was
conducted. No condition of house interior could be gathered and house is
currently uninhabitable. Therefore the Cost Approach was not analyzed due to
physical depreciation, functional obsolescence and external obsolescence.
Subject land value °As Though Vacant" was analyzed in lieu of the Cost
Approach. Subject neighborhood is considered 100% built up. Therefore our
scope for vacant land safes was expanded to include similar zoned areas. A
vacant land comparable sales grid is shown on following page.
8
VACANT LAND COMPARABLE GRID
NAME SALE SALE SIZE ZONING- 70POGRAPHY $!SF
ADDRESS DATE PRICE SF
SUBJECT:
4Nhite N/A N/A 7,800/SF R-3 Sloping N/A
409 Burch Street
Dubuque, Iowa
1. Lund Realty 7!1/03 $14,000 6,767/SF R-3 Sloping $2.07
280 Cardiff
Dubuque, Iowa
2. Herbst 06/01/04 $13,500 6,099/SF R-2A Sloping $2.21
Arlington Street
Dubuque, Iowa
3. Stapleton (iN6/04 $35,000 10,084/SF R-1 Slightly Sloping $3.47
Ramona Street
Dubuque, Iowa
4. Arensdorf 10/15/04 $17,000 5,500/SF R-2 Slightly Sloping $3.09
914 Cleveland
Dubuque, Iowa
5. Dress 3/15105 $17,000 7,3001SF R-1 Sloping $2.33
541 Groveland Place
Dubuque, Iowa
Notes To Comparable Grid:
Comparable Sale #1 - Lot is a severely sloping comer lot at Cardiff and W. 3~
Street purchased for development of 2-story duplex.
Comparable Sale #2 -Consists of 2 contiguous lots located mid block in
historical district on Arlington. Subject lots are sloping sharply.
Comparable Sale #3 -Lot is private at end of Ramona with a shared driveway
and slightly sloping topography.
Comparable Saie #4 - Lo# is rectangular with slightly sloping topography and
purchased for development.
Comparable Sale #5 -Lot is rectangular shape near comer of Burden and
Groveland Place with sloping topography.
io
LAND VALUE "AS THOUGH VACANT" ANALYSIS -SUMMARY
Subject property was compared directly to five comparable land sales and
adjusted for topography, zoning, size, shape and location. After adjustments we
estimate subject property value "As Though Vacant" to be $21,000 and
calculated as follows:
7,800/SF x $2.70/SF = $21,060
Say
$21,000
TWENTY ONE THOUSAND DOLLARS
LAND VALUE "AS THOUGH VACANT"
LAND VALUE "AS IS" ANALYSIS:
Subject property is currently improved with a 2-story fire damaged house
consisting of 2,130/SF above grade with a stone foundation. From the land value
"As Though Vacant" we have subtracted estimate for removal of improvements
and grading. Therefore, we estimate land value "As Is" as follows:
Land Value "As Though Vacant" - $21,000
Razing and Removal of Improvements - <$10,000>
Land Value "As Is" $11,000
Say
$11,000
ELEVEN THOUSAND DOLLARS
LAND VALUE "AS IS"
ii
SALES COMPARISON APPROACH
Methodology: The Sales Comparison Approach or Market Approach is based
upon a comparison of the prices that are paid for similar competitive properties in
the market representing bona fide arm's length transactions. This approach
works best in an active market where these prices serve as good indicators of
the most probable selling price of the subject property as of the valuation date.
Subject property is located in a stabilized neighborhood with predominately
residential properties and few vacancies and considered to be a desirable
location. Subject house was asingle-family residence until the fire several years
ago.
The Sales Comparison Approach was analyzed comparing the subject fire
damaged house to similar improved residential properties that were purchased
for renovation purposes. Three comparable sales were located and analyzed for
comparison purposes.
The three residential improved comparable sales are shown on a comparison
grid on the following page.
After adjustments we estimate subject property °As Improved° to have a present
market value of $21,000 as of April 14, 2005.
$21,000
TWENTY ONE THOUSAND DOLLARS
SALES COMPARISON APPROACH TO VALUE
12
IMPROVED COMPARABLE SALE GRID
t~) C2) ~3)
Kass DBQ Properties Healey
2107 Jackson 691 N. Booth 2255 Washington
Dubuque, IA Dubuque, IA Dubuque, IA
Sale Price $26,000 $27,500 $34,000
Sale Date 3/24/04 6/29104 2/18/04
Year Built 1900 1840 1870
Lot Size 27' x 85' 50' x 125' 27' x 100'
House Type 2 -Story Frame 2 -Story Frame 2 -Story Brick
Basement Full-Unfinished Full-Unfinished Full-Unfinished
Garage None 2-Car Detached None
Deck/Patio None/None NonelPatio Enc. Porch/None
Notes To Comparable Grid:
Subject improved proper#y was compared directly to three comparable sales and
adjusted for location, lot size, house type, size and exterior condition. The three
comparable sales al were purchased as rental income property and had all
utilities in working order at time of purchase. Therefore a significant downward
adjustment was made for functional purposes.
No adjustment for room count or interior condition as subject house interior was
not inspected.
13
INCOME APPROACH TO VALUE
Methodology: The Income Approach to value presumes that no prudent buyer
will pay more for the subject than the capitalized income value of the property
(net present value), based upon the buyers analysis of the income and expense
history, as it should relate to the future potential benefits of ownership. The
buyer will only be willing to pay the present value of what they perceive the
benefits to be. A market rent capitalization technique will be analyzed.
The Income Approach was considered, but not analyzed due to fire damage and
all utilities shut off pending repairs to damaged areas. Therefore the Income
Approach was not analyzed and given no weight.
14
Final Reconciliation
Land Value "As Though Vacant" $ 21,000
Land Value "As Though Improved" $ 11,000
Cost Approach to Market Value Not Analyzed
Sales Comparison Approach to Market Value $ 21,000
Income Approach to Market Value Not Analyzed
Cost Approach: Subject house has suffered significant fire damage and has
been vacant for several years. Therefore there is significant physical
depreciation and functional and external obsolescence and not analyzed.
Land Value "As Though Vacant" and "As Improved" were analyzed and
reconciled for market value.
Sales Comparison Approach: Three Comparable Sales of similar type
improved residential properties purchased for renovation were compared directly
to subject property. The Sales Comparison Approach was given all the weight in
the final analysis.
Income Approach: The subject property is currently vacant pending repairs for
fire damage. All utilities are currently shut down pending repairs. Therefore, the
Income Approach was not analyzed.
Therefore, as a result of the analysis, we feel the subject has a Market Value as
of April 14, 2005, as follows:
21 000
TWENTY ONE THOUSAND DOLLARS
15
CERTIFICATION
We certify that, to the best of our knowledge and belief:
The statements of fact contained in this report are true and con'ect.
The report analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are our personal, unbiased professional
analyses, opinions, and conclusions.
We have no present or prospective interest in the property that is the subject of
this report, and we have no personal interest or bias with respect to the parties
involved.
Our compensation is not contingent on an action or event resulting from the
analyses, opinions, or conclusions in, or the use of, this report.
This appraisal conforms to the Uniform Standards of Professional Appraisal
Practice ("USPAP") adopted by the Appraisal Standards Board of The Appraisal
Foundation, except that the Departure Provision of the USPAP does not apply.
Our compensation is not contingent upon the reporting of a predetermined value
or direction in value that favors the cause of the client, the amount of the value
estimate, the attainment of a stipulated result, or the occurrence of a subsequent
event.
This appraisal assignment was not based on a requested minimum valuation, a
specific valuation, or the approval of a loan.
The property that is the subject of this report was inspected by Mark P. Tressel.
Our analyses, opinions and conclusions were developed, and this report has
been prepared in conformity with the Uniform Standards of Professional
Appraisal Practice, and in conformity with the requirements of the Code of
Professional Ethics and the Standards of Professional Practice of the Appraisal
Institute.
As of the date of this report, Thomas P. Kane, Certified General Appraiser, has
completed the requirements of the continuing education program of the State of
Iowa. ~ /
TlrtSmas P. Kar1,e' Marc P. T essel
Iowa Certified General Real Estate Appraiser Commercial Real Estate Appraiser
Certificate No. CG 01594
16
ADDENDA
SUp1~~~ , .-~ -
.,..r,TnS ()F SllSSECT PRCIPERYY
pF SUB~E~'_-'---'-
PHOT~~
~ .X
Subject Propel
Subject property
ta°
PHOTOS O~ SUBJECT PROPERTY u.
.._t?~ s -. ~w'~''
c, ~niect Proper~Y
Subject Proper~y
ut3/Y1/05 TUE 16:35 FAX 3195880103
BITTER LAW
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE, IOWA 52001.6940
Joseph J. Bitter'
Thomas A. Bitter
'Also icensed in I~nois
CWant parking >n rear
Office of the City Manager
Duhuque City lull
SO W. 13`" Street
Dubuque, Iowa 52001
The Honorable Terry l~trggan
Members ~~.f the City C ouncil
08ice: 583.588608
Fax: 563-58&Ot03
June 21, 2005
.R.F.: 4~9 Burch Street (Jolu~ White Properly)
002
Resxfence
Joe: 563-562-1768
Tort,: 563-sezasas
Mr. While and .l toured the property on "fuesday, .lone ? I , 2005. 1 know that this prctp2rty Kati
been the subject of on-loin; disct~~sions with the C'iry and that the City fathers have made ~t strong
ar,*ument to the effect that the restoration of this property hate taken far longer than it should.
Mr. White gave me a tour of the house. He has done guile a bit oC work to the house.
Nat.urall.y, much rt~ore work is necessary. Y examined the work that he did, and being fi+miliar with
the construction business, I can see that what he has done is done cxtretncly well artd far above Code
requirements. He has a detailed plan which is extremely wet! thought otrt, arzd should result in a
beautiful residence. tie has purchased all the windows for the house, they are sittirt~ inside the house
and they are tctp quality windows. He tells me tltat he has all the kitchen cabinets purchased and paid
.for. He tells me that he has purchased sidin~~, he has paid for the sidin,E, at~.d taken delivery.
I undersl,trrd that tltere are questions about the constitutionality of the pending litisation, and
tb.at the Cil:y has decided to pur;eue ;- nuisance remedy against Mr. White. 1-Ie tells me that starting
Friday, June 24, 2005, he intends to be working on the house gvLry sir~s;le day, all dxy, with two
helpers. l le tells me that he will not tike on any other work unlit he has the hiruse conrplelzly
finished. He tells tnC that he intends to start by installing the windov\~s and purtin; the siding, on tha
house. This will be a. major step in the right direction.
The City cart rna:kc a point that even if Mr. White has had the hest intentions in the past, they
have not cornL to fiuition. I have visitzd with him from time to time and each tints 1 have
encouraged him ro rttovc ahead with due speed to get this job finished. He tells me that he has ha.d
yJ uvo
some health problems which arc now over, and that he intends io devote his w,divided attention to
the completion of the house. I don't think a„yunc ~li.sl~utes tl,e quality o:f his work, only the progress
that. he makes aver a long period of time.
This is the s~t~estion that 1 make to the Ciry of Dubuque. We know that the City is not
interested i„ taking ove,• Mr. White's property. The actions to declare his liou;e a nuisance are
deemed to be a last. gasp effort to get so,,,etl,ing accompli.sl,ed. lily suggestion is that if tl,e City will
proceed slowly with tl,e nuisaa.ee procedlu-e, the City might see signi.f cart and rapid change in the
property. If Mr. White truly intends to have three people working on the house fi,li-time
commencing Friday, Jame 24, 2005, by tl,e end of one week, ti,e City sh.ot,ld be able to sea significant
progress. 'Phis might be an incentive for the (`ity authoiitics to hold otI'another week. At the end of
the second week, the City might see significant progress again. Ti,e Ciry could delay for another
week, hoping that each week will show rapid progress toward co,,,pletion of this project.
MGaciw}~ilo, the City's rep,•esentatives ar•e wclcorne to come on the property and inspect it at any time
wiLltoul obtaining prior permission. Etltry to t1,c inside of'the rzsidence will be somewhat difficult
because the doors are kept locked. }•iowever, during the day when Mr. White is working there, he
wiI! show the City's agents the property s~ Ihey can sea what is happening.
Mr. White has absolutely promised me that l,e will follow tl,roti`-h. I have encouraged this
and I will. continue to encourage it. I would request that the Ciry delay any further action for about a
week, and if. Nlr. White h.as made signif cant progreSS, the City could delay action for another week
M.r. White can be reached by a„y of'the City's agents dt,r•ing tl,e day, without the necessity of
contacting our office in advance. His horse phon.z number is 583-1586. IIc teiis me that he can be
reached on his cell phone bdlwl-:en 7:OU a.m. and 1 U:00 p.,t,. ~~t 580-0957.
Tha~~k you for your conside,-ation.
J~J ii/lap
ce: Barry Lindahl, Corpora~.ion Counsel; 583-[040
Cindy Steit~l~auser, Assistant City Manager; Si~9-~1a9
David Harris, Housing and Com.rT~uniry Development [)epartment Director, 589-4344
Jerelyn O'C;onnor, Nei~l,borhood Develops„e„t Director; 589-4149
City Manager; 589-4149
Preparers Barry A. Lindaht, Esq. Address: Suite 330 300 Main Street Dubuque. IA 52001
Telephone: X5631583-4113
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE
WHEREAS, John White (Owner) is the owner of the real property at 409
Burch Street legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereo#;
and
WHEREAS, the City Council has found that the Property constitutes a
public nuisance; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for
the purpose of abating the public nuisance as authorized by Iowa Code §
364.12A; and
WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with Owner to purchase the Property before proceeding with
condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is
less than the fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and
the appraised value of the Property is $21,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the
Owner to purchase the Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this day of July, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Tracev Stecklein
From: Tracey Stecklein [tsteckle@cityofdubuque.org]
Sent: Monday, Jufy 11, 2005 9:21 AM
To: SCHNEIDER, JEANNE (jschneid@cityofdubuque.org)
Cc: BARRY LINDAHL
Subject: FW: John White
Authorizing ResotutionAuthorizi
ondemnation.doc {. ngAcquisiti...
Jeanne:
I am forwarding Barry's original email including the White resolution he prepared
("Authorizing Condemnation"), just to refresh your memory. I've also attached the revised
resolution ("Resolution Authorizing Acquisition ...") in which I made some formatting
changes and inserted Barry's info at the top, and is the version that you'll want to use
for the agenda. I'll bring a hard copy up today. Call me if you have any questions.
Hope you had a nice day off!
--Original Message-----
From: Barry Lindahl (mailto:balesq@cityofdubuque.org]
Sent: Friday, July 08, 2005 8:58 AM
To: 'Jeanne Schneider'
Cc: 'Tracey Stecklein'
Subject: John White
1
THE CITY OF
DuB E
MEMORANDUM
July 29, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 408 Burch Street
Dave Stuart and John White provided me a tour of 408 Burch Street on Friday, July 29,
2005
The house is in a significant amount of disrepair even though the fire that damaged the
home was five years ago.
It does appear that in the last several weeks there has been progress.
Mr. White committed to me that he would work on the project full-time until it is
completed in three months, except fora 10-day period in September when he needs to
be in Chicago with an ill relative.
respectfully recommend that this issued be tabled until the September 5, 2005 City
Council meeting for a progress report.
/~~ /~,
Michael C. Van Milligen
MCVM/ksf
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
David Harris, Housing & Community Development Director
THE CITY OF
DUB E
~-~~
MEMORANDUM
Jufy 27, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
Senior Housing Inspector Kathaleen Lamb has provided information on the progress
being made on 409 Burch Street.
C~
l~-
Mic aet C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
Rich Russell, Building Services Manager
Date: July 26, 2005
To: David Harris, Housing and Community Development Director
From: Kathaleen Lamb, Senior Housing Inspector
Subj: 409 Burch Street
Here is a list of the current changes since 7/18/2005 photos.
• Front porch steps have been installed.
• Front porch posts have been installed.
• South side porch has been jacked up and has new footings.
• Copper gutter installed on north side of front porch.
• Re-built front hip roofs offbay windows.
• Front doors have been refinished and are ready to hang.
City Manager's Office
50 West 13th Street
Dubuque, lows 52001-1864
(563) 589-4120 phone
(563) 589-4249 fax
ctymgr~ci ty ofdubuque.org
July 22, 2005
Mr. Dave Stuart
1492 Locust Street
Dubuque Iowa 52001
Re: 409 Birch Street
Dear Dave,
THE CITY OF
ll _ ~.
`~-
I am writing as a follow-up to a meeting you had with Assistant City Manager
Cindy Steinhauser regarding the property located at 409 Birch Street. During that
meeting you raised several issues and I will try to respond to each of them.
First you indicated that neither yourself, John White nor Mr. White's attorney, Joe
Bitter, were given any information regarding the June 20, 2005 City Council
meeting agenda item involving 409 Birch Street. You also expressed general
concern over the lack of information and correspondence from the City to Mr.
White, Mr. Bitter or yourself. The following is a list of dates and information sent
to Mr. Bitter regarding actions related to 409 Birch Street:
June 14, 2005, memorandum with attachments from Corporation Counsel
Barry A. Lindahl to City Manager Michael C. Van Milligen. A copy was
mailed to Mr. Bitter.
June 21, 2005, letter from Corporation Counsel Lindahl to Mr. Bitter
advising Mr. Bitter that the City Council had adopted a resolution
establishing the fair market value of the property.
At your request I am resending copies of the information that was provided at the
June 20, 2005 City Council meeting.
You also brought up concerns over the types of complaints raised by the
neighbors regarding 409 Birch Street and indicated that people who live four or
five blocks away from the above mentioned property shouldn't be allowed to
voice complaints about this property. As you know a neighborhood is defined by
more than just its physical features. Successful neighborhoods are those where
the citizens take an active role is maintaining the social and physical fabric of the
neighborhood. The city relies on citizens to help us maintain safety, security and
Service people Integrity Responsibility Innovation Teamwork
quality of life by helping us identify issues. !t is not unusual for neighbors to
contact the city regarding safety, crime, zoning, garbage, weed, and other
general property maintenance concerns. When the city receives such
complaints, we are obligated to respond to these issues. Some matters are
resolved sooner than others. I would disagree with your statement that neighbors
who live four or five blocks away shouldn't have a voice. If citizens feel
connected to a neighborhood that is two blocks in length or twenty blocks in
length, they have a right to voice their concerns. I believe that to be the case
here.
I would be happy to accept your invitation to come up and view the property and
the work completed prior to the August 1, 2005 City Council meeting. Would you
please contact Office Manager Juanita Hilkin at 589-4110 and let her know what
time would work best for you.
One final matter. It is my understanding that Mr. Bitter continues to represent Mr.
White and the City does not want to interfere with that attorney-client relationship.
Would you please clarify forme what your relationship is to Mr. Bitter and Mr.
White.
Please feel free to contact me at 589-4110 if you have any questions.
Sincerely,
Michael C. Van Milligen
City Manager
MCVM/cs
CC: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
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RESOLUTION NO. ``~~
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN c~' ` ~/
PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED E
WHEREAS, John White (Owner) is the owner of the real prop~~ ~y a~ ~~~ ~u~.,~ ~ ~~~ ~~
legally described as follows (the Property):
Lot 4 in Geo. 6. Burch's Subdivision in the City of Dubuque, Iowa, according to
the recorded plat thereof;
and
and
WHEREAS, the City Council has found that the Property constitutes a public nuisance;
WHEREAS, the City of Dubuque (City) intends to acquire the Property for the purpose
of abating the public nuisance as authorized by Iowa Code § 364.12A; and
WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with
Owner to purchase the Property before proceeding with condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is less than the
fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and the appraised
value of the Property is $21,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the Owner
to purchase the Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this 18~' day of Ju . 05. _~,
Attest:
uggan, Mayor
Jeanne F. Schneider, CMC
City Clerk
THE CITY OF
DUB E
~-~~
MEMORANDUM
July 14, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
In response to Joe Bitter's letter asking for a delay on the City's acquisition of 409 Burch
Street, I spoke with City staff who have been monitoring the property. The Housing
Department and the Building Department report that, while there is some work going on,
it is mostly cosmetic in nature and could be described as "puttering."
I respectfully request that the acquisition process continue. Should substantial progress
be made on the project, the City Council can terminate the process at any time prior to
acquisition.
%~ ~ ~ ~~Z
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Bany Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Preparers Barry A. Lindahl, Esq. Address: Suite 330 300 Main Street Dubuque. IA 52001
Telephone: (5631583-4113
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE
WHEREAS, John White (Owner) is the owner of the real property at 409
Burch Street legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, the City Council has found that the Properly constitutes a
public nuisance; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for
the purpose of abating the public nuisance as authorized by Iowa Code §
364.12A; and
WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with Owner to purchase the Property before proceeding with
condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is
less than the fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and
the appraised value of the Property is $21,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the
Owner to purchase the Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this day of July, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Preparers Barry A. Lindahl. Esa. Address: Suite 330 300 Main Street Dubuque IA 52001
Telephone: (5631583-4113
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE
WHEREAS, John White (Owner) is the owner of the real property at 409
Burch Street legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, the City Council has found that the Property constitutes a
public nuisance; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for
the purpose of abating the public nuisance as authorized by Iowa Code §
364.12A; and
WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with Owner to purchase the Property before proceeding with
condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is
less than the fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and
the appraised value of the Property is $21,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the
Owner to purchase the Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
The Ci#y Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this day of July, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Date: July 17, 2005
To: David Harris, Housing and Community Development Director
From: Kathaleen Lamb, Senior Housing Inspector
Subj: 409 Burch Street
I drove by several times in the last several weeks. I didn't see any visual difference from
the outside. There is a table saw setting in the driveway. A couple of windows were
open. I saw a guy up on a scaffold one day. Some workers are on site - a couple of
guys other than John White.
Today, Roger did go up to the site and John White allowed him to walk around. Roger
said they are doing some epoxy work and a ton of exterior painting. 'He has also planted
a bunch of shrubs & trees and has done some stone work. John White told Roger that he
had $16,000 of windows inside. He has installed a few of them.
I have attached a few pictures of what the exterior looks like as of today.
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~il'TER LAW OFFfCES
485 LOCUST STREET
DUBUQUE. IOWA 52001
Joseph J. Bitter" Residence
Thomas A. Bitter onice.563-568-d60B ~~~s~-s~~-~~sa
Fax: 563-588.0103 Tom: 563.5&-7545
'Also Lensed in Illinois
Clierrt parking in rear FACSIMILE COVER L TE 1'FR
DATL`: _ 7/18/05
409 Burch St. (John White Propefity}
RE: _ _ _
T~tANSMiTTED TO:
Nq,~; Cindy Steinhauser, Assistant City Manager
ADDRESS:
PAX NO: 589-4149
V1WE HAVE SENT YOU ~ PAGES INCLUll7NG THIS COVER LETTER. TF YOU
HAVE NOT RECEIVED ALL :PAGES PLEASE INFORM US BY PHONE AT 563-588-4608.
ORIGINAL DOCUMENT (S) _ . , .,. _. WLLL ~ ,X_ WILL NOT hOT.LOW f3Y MALL..
THIS DOCUMENT !S IS NO'f URGENT.
BITTER LAW OFFICES
485 IoCUST STAEET
DUBUQUE, IOWA 52001.6940
Joseph J. Bitter'
Thomas A. Bitter olrce; 563588.4608
Fax: 563.588.0103
'Also ricensed in I~inois
Client parking In rear
Jt,ly ls, coos
S.~COND .l•~TTEF.t
Office of the City Manager
ATTN: Michael C. Va.n lvlilligen, City 1vlanager
50 W. l3''' St.
Dubuque, IA 52001
V1A FAJi: 589-4149
The Honorable Terrance M. Duggan and Members of the City Council
RE: 409 Burch St. (Jahn White l?raperty)
Residence
Joe: 563-fiB2.1768
Tom: 563-582-7545
This letter is being dictated to you ort July 18, 2005, at 1:50 p.rrt. 1 am sittict~ with Mr. John
White and his two workers who are now w~rrkin~ an thy. property at 409 Burch Street. I wish to
give you a progress rep(rr•t.
IIy previous letter, 1 advised you that Mr. White assured me that he and his workers would be
working on the house on a daily basis, comrrtencing with Friday, June 24, 2005. I have stopped
by the White residence on a number of occasions, and 1 can confirm that workers have been
working on this house.
Since my last letter, the following work hay
completely rebuilt and installed 3 riew windows.
of the house around the second f<>oar ~~vindows.
the second floor with new ccippcr gutters.
been done: On the second floor, they have
'they 1>Iave replaced the siding on the north side
Further, they have also replaced the gutters on
On the first floor, t}ley hFrve completely rebuilt and replaced ~ ~+-indows, also with brtrnd new
windows. Today, tlte_y are replacing a fourth window. Z'liey have also done extensive work to
the two front porches, tebuildirig and replacing rrruch of them. ThEy have sanded a.nd painted as
they insl.allcd. On Sunday, July l7, 2005, they replaced ane of the basement windows in the
front with a new window.
As I sit here dictating, iV1r. White and hwa assistants are now re-sanding, refinishing, and painting
the front porch door, anal preparing tc7 install new front steps leading ti•om the fi•ant sidewalk to
the front porch. They are painting new siding, sorttt: of which has already been installed, Mme of
which will be installed as soon as the paint is dr'y. (_)ne of the ~enlletnen is painting boards
which will be installed tnmorraw. 4
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Mr. White advises me that he and his workers have been here every day since the day they
promised they would start the work. 1 would urge the City stmt; grid any of the Council
members who may wish to come up to this property and look at it at any time. "1.'lie work is
moving ahead slowly but steadily. The quality of work is absolutely outstanding. The portions
of the house that have now been finished are absolutely beautiful and nc~ workmanship acid
quality is unsurpassed.
I believe that City staff could see that there have been dramatic clta.ngcs made to the front and
side of this house in the last 3 to 4 weeks, Mr. White assures me that they will continue to work
on a daily basis. Teach day, 1 can see progress being made.
The position of the City of Dubuque has been that over many years, the City has been insistent
that lvlr. White complete the work, while the City patiently attempted to prod him into finishing
the work. 1 was not in.voived until recently, and do not have the personal knowledge of the
history of this residence as Mr. White a.nd many members of the City staff have. 1 can tell you,
however, that since I have been involved, significant progress has been made and is being made
an this house.
The City of Dubuque may well be jt,stified in every action the City has taken and is
contemplatinb. i can. neither dispute nor agree, but I do know that at this time, the house is being
worked on regularly and prowess can be seen on a daily basis. When this house is finished, it
will be a magnificent specir,?en. Phis house will be one of the nicest. older restored homes in the
City of Dubuque. The inside of the structure has been extensively rebuilt, 1 urge you to look at
this property. I tliirilC you wil! be astounded by the beauty o.f those partions of the residence that
have now been rebuilt and restored. You can see that work is ongoing on a daily basis.
I was advised today that the City Council has or, the a.gencla for this everting, a Resolution
authorizing the City to commence eminent doniairi proceedings. 1 cannot dispute that such
actions may be warranted. However, 1 know from my lifetime oC' living in the City of nubuque,
that our City A.drninistrataotl is not interested in flexing its muscle against 1Vir. White, but in
achieving the larder community goals which would include, in this instance, a completion of the
residence, or if it is not to be completed, tearing it down. X think that those of you who examine
this property will readily see that this structure is beautiful and of historic signifrcance.
The residence was built in 1895 by Dr. Shrenk. .Cn the year 1900, the house was purchased by a
Dubuque family who were pioneers in the lumber industry in this area. They added the
side/front porch to the residence. Tlie family then moved to t.hc State of Washington to continue
the lumber business there. The property has then passed into the hands of 3 or• 4 other Dubuque
families. Mr, White purchased the property in about 19b9, and did extensive work, completely
restoring the inside of the house, and Join, extensive work to the outside of the house. His
house was included in the 1990 Old House Enthusiast House Tour. There was a major fire to
this house in the year ?000. The house was extensively damaged. Since that time, there has
been a strvjgle with the City Fathers to het Mr. White to restore the buildiri~. That t~rocess is
V,'/10/VJ 1/1Vri iJ. JJ i'Ad J1DJ00 VI VJ _ D111 GA LA/t - - ~VVy
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now taking place. By reputation, .Tohn White is a master builder with superior construction
knowledge and technique.
Again, my suggestion is that the City of llubuque move slowly toward the takitrD of this
property. If the properrty is condemned or otherwise taken by the City, its interested purchasers
may wish to buy the house so it can be torn down. This would be a tragic loss for the City. In
any event, :f. doubt whether any prospective purchaser who should ha}~l~en to buy [he house to
complete th.e work, will apply more tender loving care and attention to detail and quality of
workmanship than is being bestowed on this house at. this time by John White.
Jn a previous letter, 1 asked that any representatives oi' the City take a look at this house to see
the progress that is now being made. Mr. Wl-itr tells me that to his knowledge, no one has been
up to look at the house. We provided Mr. White's cellphone number sr? that anyone interested
could be given a tour of the house both inside and out. Mr. White advises me that he has not
been contacted. I have not been contacted in response to my previous letters. Again, 1 urge all
the interested agents of the City of Dubuque to come by this house and examine it. Tf during the
day, Mr, White will be working and will Hive you the tour and explain the progress brat is made
and the detailed plans that he has. Tf in the evening, you are welcome to come on the premises
arad look around. Should you wish to call and contact Mr. White, he will come to the property
and show you around inside and out.
If you do authorize the City to initiate eminent domain proceedings, 1 ask that you exercise
restraint and fo~•bearance_ As long as Mr. White and his crew are working on this house, the
objectives of the City of Dubuque are being met. Tlic etz~inent domain proceedings can be put on
hold, and re-instituted at any time that the City determines IVI:f. White has abandoned his
construction. or stopped working on the project.
Tbis is a major reconstruction project. It involves much fine detailed work. Tlris type of work
proceeds at a rnuch slower pace than other type. o£ construction where superior quality is not the
ultimate goal. 1 think. the progress has been significant. We will be happy to forward you
weekly reports on the progr•css of this house. We hope the City will work with M.r. White, 1 for
one will do everything in my power to e»coura.gc him to woperate fully with the City's plans and
directives.
Thank yotr for your consideration,
Very truly yours,
Jo eph .
JJB/km(6)
cc: ~3arry Lindalil, Corporati.o.n Counsel; 58~-1040
Cindy Steinhauser, Assistant City Manager; 539-4149
David Harris, Housing and Comrnunity Ocvelopment Dept. Director; 589-4244
Jerelyn O'Connor, Neighborhood Ucvelopment Director, 589-4149
y~/1V/VV L~IV!\ iVVY IAAViOVVVVIVV - -- -L111L/l\ 1/rl„ -- - --
. BITTER LAW OFFICES
465. LOCUST STREET
DUBUQUE, IowA 52001.6940
Joseph J. Bitter+ '
Thomas A
Bitter °~~ ~~~~
. . Fe~c 563588-0103
'Also Gcensod In Illinois
CUent paAang in rear
July 18, 2005
Office of the City Manager
ATTN: Michael C. Van Milliaen, City Manager
SO W. 13'I' St.
Dubuque, IA 52001
VIA FAX: 589-4149
The Honorable Terrance M. Duggan and Members of the City Council
RE: 409 Burch St. (John White Property)
Residence
.Ioe; 563-582-nse
Tom; 563-582-7545
On Wednesday, July 13, ?005, 1 stopped at the house on Burch Street owned by John White. By
a previous letter, 1 had indicated that Mr. White promised to be working on this house every day.
I have gone by his house on an averase of 3 to 4 days a week and there have been people
working there.
The work is moving ahead slowly but steadily. This man is an incredible craftsman. That may
be part of the problem. He is so fussy and particular that he does the work so well that it takes a
long time. Nevertheless, the work that he has completed to date is absolutely gorgeous.
I urge you to get up to see this house and see the progress that he is making. I know the City is
frustrated and has indicated an eagerness to move ahead with condemnation, sei2ure, or any
other procedure available. I fully understand, however, your continued patience would be
greatly appreciated.
Thank you for your consideration.
Very truly yours,
....
Jo ph J. itte
JJB/km(6)
cc: Barry l,indahl, Gorpol•ation Counsel; 583-1040
Cindy Steinhauser, Assistant City Ma~rager; 589-4149
David Harris, I-iousina and Community Development Dept. Director; 589-4244
Jerelyn O'Connor, Neighborhood Development Director; 589-4149
__.. _. _
Vr/ 10/ 17J LRVI`I 1J.J4 fAA JI DJOOVIVJ
D 111L1~ Ll1n
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE. IOWA 52001-(1940
Joseph J. Bitter"
Thomas A. Bitter
'Also ficereed in Illinois
Gient perking in rear
OiTce of the City Manager
Dubuque City l~ttll
50 W. 13`" St,-eet
Dubuque, Iowa 52001
The Honorable Terry Duggan
Members of the City Council
Qffice: 563-58B-4608
Fax:583-5880103
June 21, 2005
1ZE: 409 Burch Street (John White Prapetty)
~IVVO
Residence
Joe:563-582-1768
Tan 563-582-7545
Mr. W]lite and 1 toured the property on Tuesday, June ?1, 2005. I know that this property ltas
been the subject of on-going discussions with the City and that the City fathers have made a strong
argument to the effect that the restoration of this property has taken far longer than it should,
Mr. White Save me a tour of the house. tie has done quite a brt of work to the house,
Naturally, much rtlore work is neces~ttry. 1 cxarnined the work that lac did, and being familiar with
the construction business, 1 cv~ see that what he has dome is done e~n'emcly well told far above Cade
requirements. He has a detailed plan which is extremely wall thou;;ht out, and should result in a
beautifu} residenre. ]-lc has purchased a!I the windows for tht: house, they are sitting inside the house
and they are top quality windows. J3.o tells me that he has all the kitchen cabinets purchased attd paid
for. He tells me that he has purchased siding, he has paid for the siding and taken delivery.
C understand that there are yuestiotts about the constitutionality of the pending litigation, and
that the City hats decided to pursue a nuisance remedy asainst Mr. White. He tells me that starting
I'riday, June 24, ?005, he intends to be working nn the house every single day, all day, wish two
helpers. I le tells me that he will not take on any other work until he has the house completely
finished. He tells .me that he intends to start by installicts tl~e windows and butting the siding on the
house. T7,i~ will be a major step in tt~e right direction.
The City earl make a pint that even if Mr. White hae had the best intentions in the past, they
have not come to fruition. I have visited with him L'rom time to ti.rne and each time I have
encouraged him to mavc ahead with due speed to gel this job finished. He tells rr~e that he htu had
__ __ _ _
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some health problems which are now over, and t}~at he intends to devote his undivided attention to
the completion of the house. I don't think aliyone disputes the quality of his work, only ttie progress
that he makes over a long period of time.
This is the suggestion that I make to the City of Dubuque. We know that. the City is not
interested in taking over Mr. White's property. The actions to declare his house a nuisance are
deemed to be a last. gasp effort to get something accomplished. lva.y suggestion is that if the Ciry will
proceed slowly with the nuisance procedure, the City ntigh.i see significant and rapid change in the
property. I!'Mr. White tntly intends to have three people working on the house full-time
commencing Friday, June 24, 2005, by the end of one week, the Ciry should be able to see signiFica.nl
progress. This might be an incentive for the City authorities to hold off another week. At the end of
the second week, the Ciry might see signif<cant. progress again. The Ciry could delay for another
week, hoping that rach week. will show rapid progress toward completion of this project.
Meanwhile, the City's representatives are welcome to come on the property and inspect it at ~tny time
without obtaining prior permission. Entry to the inside of the residence will be somewhat difficult
because the doors arc kept locked. However, during the day when M.r. White is working there, he
will sb.ow the City's agents the propet~y so they c;an see what is happening.
Mr, White has absolutely promised the that he will follow through. 1 have encouraged this
and I will continue to encourage it. 1 would request that the City delay any fui~.her action for about a
week, and if Mr. White has made signiiic~nt progress, the City could delay action for another week
Mr. White can be reached by any of the City's agents during the day, without the necessity of
contacting our office in advance. His hot?te phone number is 583-1586. He tells me that he can be
reached on his cell phone between 7:00 am. and 10'00 p. m, at 580-0957.
Thank you for your consideration.
Very tntly ours,
Jos J. Bttt
JJB/lap
ec: Barry I,indahl, Corporation Counsel; 583-T 040
Cindy Steinhauser, Assistant City Manager.; 589-4 t49
David Harris, TTousing and Community Development Department .Di~•ector; 589-4244
Jerelyn Q'C.onnor, Nei;hborhood Development Director; 589-4149
City Manager; 589-4149
THE CITY OF
DUB E
~-~-
MEMORANDUM
September 1, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: John White - 409 Burch Street
On August 31, 2005, I met with John White at 409 Burch Street. He has made progress
on the property since this item was tabled at the August 1, 2005 City Council meeting.
I respectfully request that this matter be tabled until the October 3, 2005 City Council
meeting for another update.
C~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
.;
rrts cmrorr
Dus MEMORANDUM
~-~-
30 August OS
To: Mid~ael Milligan, City Manager
t r.
From: David Ha 's, Housing and Community Development Department
Re: John White -409 Burch Street
At its 1 August meeting, the City Counal tabled action on condemnation of the John
White property at 409 Burch Street in order to provide time to the owner to make
progress on rehabilitation repairs. The Council directed that this matter be plao8d
again on the agenda for the 6 September meeting, with a progress report.
The acxompanying set of photos shows that Mr White has completed additional
work. The inspection report, dated 29 August, notes that four new windows have
been installed. Additional Tyvek wrap has been affixed to the exterior welt
sheathing. Some painting has been completed on the street side. Work on
installation of the copper gutter system has pn~gressed. And some windows have
been removed and their openings prepped for new installations.
The inspectors and neighbors report that, while Mr White and a crew of two men
worked steadily on the house in early August, work since then has been more
sporadic. ft appears to have slowed considerably during the past couple of weeks.
The photos document that most of the work has taken place on the front (street side
of the house, including quite a bit of detail work associated with the pord~, bay
window and copper gutter system. The rear of the home has been mostly
untouched Areas of the rear and side exterior walls and the roof remain without
siding or shingles, with window openings boarded.
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THE CITY OF
DuB E
~~-
MEMORANDUM
July 29, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 408 Burch Street
Dave Stuart and John White provided me a tour of 408 Burch Street on Friday, July 29,
2005
The house is in a significant amount of disrepair even though the fire that damaged the
home was five years ago.
It does appear that in the last several weeks there has been progress.
Mr. White committed to me that he would work on the project full-time until it is
completed in three months, except fora 10-day period in September when he needs to
be in Chicago with an ill relative.
I respectfully recommend that this issued be tabled until the September 5, 2005 City
Council meeting for a progress report.
~ ~~ .~
.~
Michael C. Van Milligen
MCVM/ksf
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
David Harris, Housing & Community Development Director
7liE GTfY OF
DuB
~~-~
MEMORANDUM
Jufy 27, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
Senior Housing Inspector Kathaleen Lamb has provided information on the progress
being made on 409 Burch Street.
C~
GL
Mic ael C. Van Milligen
MCVMrh
Attachment
cc: Bany Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Hams, Housing and Community Development Department Director
Rich Russell, Building Services Manager
Date: July 26, 2005
To: David Harris, Housing and Community Development Director
From: Kathaleen Lamb, Senior Housing Inspector
Subj: 409 Burch Street
Here is a list of the current changes since 7/18/2005 photos.
• Front porch steps have been installed.
• Front porch posts have been installed.
• South side porch has been jacked up and has new footings.
• Copper gutter installed on north side of front porch.
• Re built front hip roofs offbay windows.
• From doors have been refinished and are ready to hang.
City Manager's Office
50 West 13th Street
t)ubuyue, Iowa 52001-4864
(563} 5891110 phone
(563) 589-4149 fax
ctymgt~cityofdubuque.org
rriE cirv of ,
July 22, 2005
Mr. Dave Stuart
1492 Locust Street
Dubuque Iowa 52001
Re: 409 Birch Street
Dear Dave,
I am writing as a follow-up to a meeting you had with Assistant City Manager
Cindy Steinhauser regarding the property located at 409 Birch Street. During that
meeting you raised several issues and I will try to respond to each of them.
First you indicated that neither yourself, John White nor Mr. White's attorney, Joe
Bitter, were given any information regarding the June 20, 2005 City Council
meeting agenda item involving 409 Birch S#reet. You also expressed general
concern over the lack of information and correspondence from the City to Mr.
White, Mr. Bitter or yourself. The following is a list of dates and information sent
to Mr. Bitter regarding actions related to 409 Birch Street:
• June 14, 2005, memorandum with attachments from Corporation Counsel
Barry A. Lindahl to City Manager Michael C. Van Milligen. A copy was
mailed to Mr. Bitter.
• June 21, 2005, letter from Corporation Counsel Lindahl to Mr. Bitter
advising Mr. Bitter that the City Council had adopted a resolution
establishing the fair market value of the property.
At your request I am reseeding copies of the information that was provided at the
June 20, 2005 City Council meeting.
You also brought up concerns over the types of complaints raised by the
neighbors regarding 409 Birch Street and indicated that people who live four or
five blocks away from the above mentioned property shouldn't be allowed to
voice complaints about this property. As you know a neighborhood is defined by
more than just its physical features. Successful neighborhoods are those where
the citizens take an active role is maintaining the social and physical fabric of the
neighborhood. The city relies on citizens to help us maintain safety, security and
Service People Integrity Responsibility lnnovnrion
Tramwork
quality of life by helping us identify issues. It is not unusual for neighbors to
contact the city regarding safety, crime, zoning, garbage, weed, and other
general property maintenance concerns. When the city receives such
complaints, we are obligated to respond to these issues. Some matters are
resolved sooner than others. I would disagree with your statement that neighbors
who live four or five blocks away shouldn't have a voice. If citizens feel
connected to a neighborhood that is two blocks in length or twenty blocks in
length, they have a right to voice their concems. I believe that to be the case
here.
would be happy to accept your invitation to come up and view the property and
the work completed prior to the August 1, 2005 City Council meeting. Would you
please contact Office Manager Juanita Hilkin at 589-4110 and let her know what
time would work best for you.
One final matter. It is my understanding that Mr. Bitter continues to represent Mr.
White and the City does not want to interfere with that attorney-client relationship.
Would you please clarify forme what your relationship is to Mr. Bitter and Mr.
White.
Please feel free to contact me at 589-4110 if you have any questions.
Sincerely,
Michael C. Van Miliigen
City Manager
MCVM/cs
CC: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
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RESOLUTION NO. ~~~~
~~~
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED F
WHEREAS, John White (Owner) is the owner of the real prop~~~r Q. ~~~ ~~~•.~~ ~«~~
legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa, according to
the recorded plat thereof;
and
WHEREAS, the City Council has found that the Property constitutes a public nuisance;
and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for the purpose
of abating the public nuisance as authorized by Iowa Code § 364.12A; and
WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with
Owner to purchase the Property before proceeding with condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is less than the
fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and the appraised
value of the Property is X21,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the Owner
to purchase the Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this 18~' day of Ju 05. _r,
Attest:
uggan, Mayor
Jeanne F. Schneider, CMC
City Clerk
THE CTIY OF
DuB
~-~
MEMORANDUM
July 14, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
In response to Joe Sitter's letter asking for a delay on the City's acquisition of 409 Burch
Street, !spoke with City staff who have been monitoring the property. The Housing
Department and the Building Department report that, while there is some work going on,
it is mostly cosmetic in nature and could be described as °puttering."
I respectfully request that the acquisition process continue. Should substantial progress
be made on the project, the City Council can terminate the process at any time prior to
acquisition.
~L ,-
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Preparer. Barrv A. Lindahl. Esa. Address: Suite 330 300 Main Street Dubuque. IA SZ001
Telephone: (563) 583~i13
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE
WHEREAS, John White (Owner) is the owner of the real property at 409
Burch Street legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, the City Council has found that the Property constitutes a
public nuisance; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for
the purpose of abating the public nuisance as authorized by Iowa Code §
364.12A; and
WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with Owner to purchase the Property before proceeding with
condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is
less than the fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and
the appraised value of the Property is $21,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the
Owner to purchase the Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Properly by eminent domain.
Passed, approved and adopted this
day of July, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Preparers Bam A. Lindahl. Esa. Address: Suite 330 300 Main Street Dubuque. IA 52001
Telephone: 15631583-4113
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE
WHEREAS, John White (Owner) is the owner of the real property at 409
Burch Street legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, the City Council has found that the Property constitutes a
public nuisance; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for
the purpose of abating the public nuisance as authorized by Iowa Code §
364.12A; and
WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with Owner to purchase the Property before proceeding with
condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is
less than the fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and
the appraised value of the Property is x21,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the
Owner to purchase the.Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this day of July, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Date: July 17, 2045
To: David Harris, Housing and Community Development Director
From: Kathaleen Lamb, Senior Housing Inspector
Subj: 409 Burch Street
I drove by several times in the last several weeks. I didn't see any visual difference from
the outside. There is a table saw setting in the driveway. A couple of windows were
open. I saw a guy up on a scaffold one day. Some workers are on site - a couple of
guys other than John White.
Today, Roger did go up to the site and John White allowed him to walk around. Roger
said they are doing some epoxy work and a ton of exterior painting. 'He has also planted
a bunch of shrubs & trees and has done some stone work. Jahn White told Roger that he
had $16,000 of windows inside. He has installed a few of them.
I have attached a few pictures of what the exterior looks like as of today.
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7/18/05 MON 15:33 FAR 3195880103 BITTER LAW 1~j001
BITTER LAW OFFICES
485 LACUST STREET
DUBUQUE. IOwA 52001
Joseph J. Bitter" ~~:~x+
Office: 569-586-BOB
Thomas A. Bitter F~ ~~g,g1D3 Tom: b6~5B2.7blb
•Nso Ycot-sod n Af~ois
cxent in mar FACSIMILE COVER i~.Tl'ER
DATL`: ~ 7/18/05
409 Burch St. (John 4lhite Propefity)
RE:
1"RANSMXTTED TO:
Nq,~; Cindy Stelnhauser, Assistant City Mans er
ADDRESS: ___
FAX NO: 589-4149 __
WE HAVE SENT YOU ~ PAGES Il~iCLUUTNG THIS COVER LETTER. TF YOU
HAVE NOT RECEIVED ALL PAGES PLEASE INFORM US BY PHONE AT 563-588-4608.
ORIGINAL DOCUMENT (S) _......._. WILL __ X._ W[LL NOT FOX.LOW F3Y MAIf..
Ti-[TS DOCUMENT 1S .. ___ IS NO"f URGENT'.
07/18/05 MON 15:33 FAX 3195880103 BITTER I.AW 1~J002
BITTER LAW OFFICES
185 LOCUST STAEET
DUBUOiIE, fowA 52001~E940
Joseph J. Bitter' R~+~
Olfice: 563588609 Ja: 563~82.1T68
Thomas A. Bitter Fax ss3.596~o~os Tom; 563.3e2.75~5
'Abe Goerised in 116nOic
dent paikfng in roar
July 1 S, 2005
S1CO 1~.~.FTT~K
Office of the City Manager
ATTN: Michael C. Van Milligen, City lv(anager
50 W. ] 3a' St.
Du6uguc, IA 52001
V1A FA7~: 5~9-4149
The Honorable Terrance M. Dug,,an and Members of the City Council
RE: 409 Burch St. (John White Property)
This letter is being dictated to you nn July 18, 2005, al 1:50 p.rn. 1 am Sitting with Mr. John
White and his two workers who af•e now working an the property at 409 Burch Street. I wish to
give you a progress report.
IIy previous letter, 1 advised you that Mr. White assured me that he and his workers would be
working on the house on a daily basis, commencing with Friday, June 24, 2005. 1 have stopped
by the While residence on a numher of occasions, and 1 can confrm that workers have been
working on this house.
Since my last letter, the following work has
completely rebuilt and insta.llcd 3 new windows.
oP the house around the second floor windows.
the second floor with new ccipper gutters.
been done: On the second floor, they have
They have replaced the siding on the north side
Further, they have also replaced the gutters on
On the first floor, t}fcy have completely rebuilt and replaced .i v.~indows, also with brand new
windows. Today, they are replacing a fourth window. They have also done extensive work to
the two front porches, tebuildin3 and replacing much of them. They have sanded and painted as
they installed. Oaf Sunday, July 17, 200$, they replaced ane of the baternent windows in the
front with a new window.
As I sit here dictating, Mr. White and twp assistants are now re-sanding, refinishinb, and painting
the front porch floor, anal preparing to install new front steps leading ii~om the front sidewalk to
the front porch. They are painting new siding, somw of which has already been installed, some of
which will be installed as soon as the paint is dry. C7ne of the s~entlemen is painting boards
which will be installed tnmorrow.
07/18/05 MON 15:33 FAR 3195880103 BITTER LAW f~003
-2-
Mr. White advises me that he and his workers have been here every day since the day they
promised they would start the work. 1 would urge the City staff, and any of the Council
members who may wish to come up to this property and look at it at any times 'i'he work is
moving ahead slowly but steadily. The quality of work is absolutely outstandins~, The portions
of the house that have now been finished are absolutely beautiful and the workmanship attd
quality is unsurpassed.
I believe that City staff could see that there have been dramatic cltangcs made co the front and
side of this house in the last 3 to 4 weeks. Mr. White assures me that they will continue to work
on a daily basis. Each day, 1 can see progress being made.
The position of the City of Dubuque has been that over many years, the City has been insistent
that Mr. White complete tltc work, while the City patiently attempted to prod him into finishing
the work. I was not involved until recently, and do not have the personal knowledge of the
history of this residence as Mr. White and many members of the City staff have. I can tell you,
however, that since T have been involved, significant progress has been made and is being made
on this house.
The City of Dubuque may well be justified in every action the City has taken and is
contemplatinb. L can. neither dispute nor agree, but I do know that at this time, the house is being
worked on regularly and progress can be seen on a daily basis. When this house is finished, it
will be a magnificent specimen. This house will be one of the nicest older restored homes in the
City of Dubuque. The inside of the structure ha.~ been extensively rebuilt. I urge you to look at
this property. I think you will be astounded by the beauty of those portions of the residence that
have now been rebuilt and restored. You can see that work is ongoing on a daily basis.
I was advised today that the City Council has aft the agenda for this evettin„ a Resolution
authorizing the city to commence eminent domain proceedings. 1 cannot disputes that such
actions may be warranted. However, I know from my lifetime of living in the City of nubuque,
that our City Administration is aot interested in Flexing its muscle against Iv1r. White, but in
achieving the larger community goals which would include, in this instance, a completion of the
residence, or if it is not to be completed, tearing it down. X think that those of you who examine
tlxis property will readily see that this structure is beautiful and of historic significance.
The residence was built in 1895 by Dr. Shrenk. In the year 1900, the house was purchased by a
Dubuque family who were pioneers in the lumber industry in this area. They added the
side/front porch to the residence. The family then moved to the State of Washington to continue
the lumber business there. The property has then passed into the hands of 3 or 4 other Dubuque
families. Mr. White purchased the property in about 1989, and did extensive work, completely
restoring the inside of the house, and doing extensive work to the outside of the house. His
house was included in the 1990 Old House Enthusiast House Tour. There was a major fire to
this house in the year 2000. "fhe house was extensively damaged. Since that time, there has
been a stns^^ a with the City Fathers to het Mr. White to restore the building. That process is
07/18/05 MON 15:33 FAR 3195880103 BITTER LA9F
1
-~~
now taking place. By reputation, John While is a master builder with superior construclion
knowledge and technique.
Again, my suggeetion is that the City of llubuque move slowly toward the taking of this
property. T£ the property is condemcted or otherwise taken by the City, its interested purchasers
may wish to buy the house so it can be torn down. Tbis would be a tragic loss for the City. !n
any event, I doubt whether any prospective purchaser who should happen to buy the house to
complete the work, will apply more tender loving care and attention to detail and quality of
workmanship than is being bestowed on this house at this time by John White.
In a previous letter, l asked that any representatives of the City take a look at this house to see
the progress that is now being made. Mr. Wlcile tells me that to his knowledge. no one has been
up to look at the house. We }~rovidcd Mr. White's cellphonc number so that anyone interested
could he givrn a tour of the house both inside and out. Mr. White advises me that he has not
been contacted. I have not been contacted in response to my previous letters. Again, 1 urge all
the interested agents of the City of Dubuque to come by this house and examine it. Tf during the
day, Mr. White will be working and will ;ive you the tour and explain the progress that is made
and tlu detailed plans that he has. TF in the evening, you are welcome to come on the premises
and look around. Should you wish to call and contact IVir. White, he will come to the property
and show you around inside and out.
If you do authorize the City to initiate eminent domain proceedings, 1 ask that you exercise
restraint and forbearance. As long as Mr. White and his crew are working on this house, the
objectives of the City of Dubuque are being met. The eminent domain proceedings can be put on
hold, and re-instituted at any time that the City determines lvlr. White has abandoned his
construction or stopped working on the project.
This is a major reconstruction project. It involves much fine detailed work. ?his type of work
proceeds at a much slower pace than other types of construction where superior quality is not the
ultimate goal. 1 think the progress has been significant. We will be happy to forward you
weekly reports on the progress of this house. We hope the City will work with M.r. White. i for
one will do everythicig in my power to encourage him to woperate fully with the City's plans and
directives.
Thank you for your considcrazion.
Ver truly yours,
Io ph
JJB/km(6)
cc: .Barry Lindahl, Corporation Counsel; 583-1040
Cindy Steinhauser, Assistant City Manager; 589-4]49
David Harris, Housing and Community Development Dept. Director; 589-4?44
Jcrelyn O'Connor, Nci3hborhood Development Director, 589-4149
fET.j 004
07/18/05 MON 15:34 FAX 3195880103 BITTER I.AW f~005
BITTER LAW OFFICES
/A5 LOCUST STREET
DUBUQUE, IOWA 5200169/0
.lOSeplt .l. Bltt6ri ~ Residana
'f homas A. Bitter °~`' ~~~'~0° ~ ~~.','~~
• ra~c s~see•oto~
•ALso fioene.e t, Itino~s
otanr p~rrdnp ~ reu
Juiy 18, 2005
Office of the City Manager
ATTN: Michael C. Van Milligen, City Manager
50 W. 13i1' St.
Dubuque, IA 52001
VIA FAX: 589-4149
The Honorable Terrance M. Duey an and Members of the City Council
RE: 409 Burch St. (John White Property)
On Wednesday. July 13, 2005. 1 stopped at the house on Burch Street owned by John White. By
a previo~is letter, 1 had indicated that Mr. White promised to be working on this house every day.
I have gone by his house on an average of 3 to 4 days a week and there have been people
working there.
The work is moving ahead slowly but steadily. This man is an incredible craftsman. That may
be part of the problem. He is so fussy and particular that he does the work so well that it takes a
long time. Nevertheless, the work that he has completed to date is absolutely gorgeous.
I urge you to get up to see this house and see the progress that he is making. I know the City is
frustrated and has indicated an eagerness to move ahead with condemnation, seiZUre, or any
other procedure available. I fully understand, however, your continued patience would be
greatly appreciated.
Thank you for your consideration.
Very truly yours,
Jo ph J. itt
IJB/km{ti)
cc: Barry Lindahl, Go,•poration Counsel; 583-1040
Cindy Steinhauser, Assistant City Manager; 589-4149
David Harris Housing and Community Development Dept_ Director, 589-4244
Jerelyn O'Connor, Neighborhood Development Director; 589-4149
07/18/05 MON 15:34 FAX 3195880103 BITTER LAW Iaj.006
BITTER LAW OFFICES
~ ~~ s~~
outer. iawa52oot~s4o
Joseph J. Bitter'
Thomas A. Bitter
'Alw ficerts~d in [Iinoa
Ctierd pvkinp n ~eev
Office of the City N[anager
Dubuque City Hall
50 W. 13'° St,'eet
Dubuque, Iowa 52001
The Honorable Terry Duggan
Members of the City Council
oboe: sst-sea~soe
Fvr:583-5880103
June 2l , 2005
RE: 409 Burch Street (John White Property)
Its
Joe: sss-~-t~se
Tare 565582.7545
Mr. White and 1 toured the property on Tuesday, June 2l , 2005. I know that this property has
been the subject of on-going discussions with the City and that the City fathers have made a strong
argument to the ci~'ect that the restoration of this property has taken far longer than it should.
Mr. White save me a tour of the house. tie has done quite a brt of work to the house.
Naturally, much more work is necessary. 1 examined the work that he did, and being familiar with
the consvuctiott business, I can see that what he has done is dc,ne e~trerncly well and far above Cade
requirements. He has a detailed plan which is extremely well thou;;ttt out, and should result in a
beautiful residence. }Ic hati purchased all the windows for the house, they are sitting inside the house
and thCy ace top quality windows. He tells me that he has all tftc kitchen cabinets purchased lend paid
for. He tells me that he has purchased siding, he has paid for the siding and taken delivery.
[ understand that there are yuestiotts about the constitutionality of the pending litigation, and
that the City has decided to pursue a nuisance remedy against Mr. White. He tells me that starting
I'riday, June 24, 200.5, he int.ettds to be working on the house every single day, all day, with two
helpers. Fle tells me that he will not take on arty other work until he has the house completely
finished. He tells me that he intends to start by installing the windows and putting the siding on the
house. This will be a major stop in t}ie right direction.
The City ca,l make a paint that even if l1dr. White has had the best intentions in the past, they
have not come to fruition. 1 have visited with him ['r'om time to lime and each time J have
encouraged him to move ahead with due speed to get this job f finished. HC tells me that he has had
07/18/05 MON 15:34 FAR 3195880103 BITTER LAW X1007
some health problems which are now over, and that lie intends to devote his undivided attention to
the completion of the house. I don't think anyone disputes the quality of his work, only the progress
shat he makes over a lout; period of time.
This is the suggestion that I make to the City of Dubuque. We know that the City is not
interested in taking over Mr. White's property. The actions to declare his house a nuisance are
deemed to be a last gasp effort to get something accomplished. )v7.y sugee.Stion is that if the Ciry will
proceed slowly with the nuisance procedure, the City might see significant a,td rapid change in the
property. If. Mr. White truly intends to have three people working on the house full-time
commencing Friday, June 24, 2005, by the end of one week, the City should be able to see significant
progress. This might be an incentive for the City authorities to hold off another wcck. At the end of
the second week, the Ciry might sce significant progress again. The Ciry could delay for another
week hoping that each week. will show rapid progress toward completion of this project.
Meanwhile, the C;ity's representatives are welcome to come on the property and inspect it at any time
without obtaining prior permission. Entry to the inside of the residence will ba somewhat difficult
because the doors are kept locked. However, during the day when Nlr. White is working there, he
will show the City's agents the property so they can see what is happening.
Mr. White has absolutely promised me that he will follow through. 1 have encouraged this
and I will continue to encourage it. 1 would request that the City delay. any further action for about a
weep and if Mr. Whita has made sisnilic.'tnt progress, the City could delay action for another week
Mr. White can be reached by any of the City's agents during the day, without the necessity of
contacting our office in advance. His horns phone number is 583-1586. He tells me that he can be
reached on his cell phone between 7:00 am. and 10:00 p. m, at 580-0957.
Thank you for your consideration.
Very tttrly ours,
Jos J_ Batt
JJB/lap
cc: Barry J.indahl, Corporation Counsel; SB;i-1040
Cindy Steinhauser, Assistant City Manager.; 589-4 t49
David Harris, I~ousing and Community Development Department Director; 589-4244
Jerelyn O'Connor, Neighborhood Development Director; 589-4149
City Managet; 589-4149
THE CITY OF
DUB E
~,~-~
MEMORANDUM
September 22, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: John White - 409 Burch Street
Housing and Community Development Department Director David Harris is providing
the City Council with a progress report on rehabilitation repairs made by the owner of
409 Burch Street.
I respectfully recommend that this matter be tabled until November 7, 2005.
Michael C.-Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
{~ ; ~- ff
r ~1 ~ ~ ''J
~[TY OF DUBUQUE, [OWA
MEMORANDUM
22 September OS
To: M' 1 Van Milligan, City Manager
.From: Dav Harris, Housing and Community Development Department
Re: John White - 409 Burch Street
At its 1 August meeting, the City Council tabled action on condemnation of the John
White property at 409 Burch Street in order to provide time to the owner to make
progress on rehabilitation repairs. The Council directed that this matter be placed again.
on the agenda far 3 October meeting, with a progress report.
The accompanying set of photos shows that Mr. White has completed additional work.
The inspection report dated 22 September notes that Mr. White has done extensive
rehabilitation work to the entire existing foundation located. on the front and sides of the
property. This foundation has been cleaned, tuck pointed and the old grout removed,
New grouting has begun. and is visible on the South side of the property. Mr. White has
also installed much of the lower trim on the front and south side of the property and has
installed two new lower floor windows on the South side.
Mr. White has also harvested some old siding from same of the older houses on Stewart
Street, removing IO square of siding, as well as harvesting same shrubs and bushes for
replanting on the back or West and North sides of the property. Some additional
windows and siding have been installed on the North side of the property.
Little work has been done to the back or west side of the property, but some lower trim
has been installed.
At the time the inspectors were at the property, Mr. White had a crew of three workers on
site. Inspectors had also seen his crew workuag on. Stewart Street removing siding for his
property on Burch Street. Photos were taken and accompany this report, documenting
the rehabilitation repairs that have been accomplished.
CITY OF DUBUQUE, IOWA
MEMORANDUM
22 September OS
To: 1 Van Milligen, City Manager
~• ,
From: Da Harris, Housing and Community Development Department
Re: John White - 409 Burch Street
At its 1 August meeting, the City Council tabled action on condemnation of the John
White property at 409 Burch Street in order to provide time to the owner to make
progress on rehabilitation repairs. The Council directed that this matter be placed again
on the agenda for 3 October meeting, with a progress report.
The accompanying set of photos shows that Mr. White has completed additional work.
The inspection report dated 22 September notes that Mr. White has done extensive
rehabilitation work to the entire existing foundation located on the front and sides of the
property. This foundation has been cleaned, tuck pointed and the old grout removed.
New grouting has begun and is visible on the South side of the property. Mr. White has
also installed much of the lower trim on the front and south side of the property and has
installed two new lower floor windows on the South side.
Mr. White has also harvested some old siding from some of the older houses on Stewart
Street, removing 10 square of siding, as well as harvesting some shrubs and bushes for
replanting on the back or West and North sides of the property. Some additional
windows and siding have been installed on the North side of the property.
Little work has been done to the back or west side of the property, but some lower trim
has been installed.
At the time the inspectors were at the property, Mr. White had a crew of three workers on
site. Inspectors had also seen his crew working on Stewart Street removing siding for his
property on Burch Street. Photos were taken and accompany this report, documenting
the rehabilitation repairs that have been accomplished.
CITY OF DUBUQUE, IOWA
MEMORANDUM
Date: August 22, 2005
To: David Harris, Housing and Community Development
From: Kathaleen Lamb, Senior Housing Inspector !~
Re: John White - 409 Bwch Street
The following work has been done since our last update on 409 Burch Street on 8-29-
2005:
South and East Sides -
• New windows installed on first floor.
• Installed all of the lower trim on the front and side porch
• -South and East sides.
• The entire old foundation on the front and sides of the house has been cleaned,
tuck pointed and prepared for re-grouting. (Grouting has been stained to match
closely with the stone foundation.
• Approximately 10 square of siding has been harvested from some of the older
properties being removed from Stewart Street.
• Old siding from Stewart Street being cleaned and prepared for installation on
Burch Street
North Side -
• Shrubs and bushes removed from Stewart Street and prepared for replanting at
409 Burch Street.
• Some windows and siding installed on north side.
West Side -
• Some lower trim installed on west side.
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THE CITY OF
DUB E
~-~~
MEMORANDUM
September 1, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: John White - 409 Burch Street
On August 31, 2005, I met with John White at 409 Burch Street. He has made progress
on the property since this item was tabled at the August 1, 2005 City Council meeting.
I respectfully request that this matter be tabled until the October 3, 2005 City Council
meeting for another update.
~~ ~.
1, ,~ ~ ---~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
,.:,
,_ ..
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J ~_
1
~ cznr oP
Dv8 MEMORANDUM
~„~.~
30 August 05
To: Michael ~ Milligan, City Manager
C.~
From: David Ha ~s, Housing and Community Development Department
Re: John White - 409 Burch Street
At its 1 August meeting, the City Counal tabled action on condemnation of the John
White property at 409 Burch Street in order to provide time to the owner to make
progress on rehabilitation repairs. The Council directed that this matter be placed
again on the agenda for the 6 September meeting, with a progress report.
The accompanying set of photos shows that Mr White has completed additional
work. The inspection report, dated 29 August, notes that four new windows have
been installed. Additional Tyvek wrap has been affixed to the exterior wall
sheathing. ,Some painting has been completed on the street side. Work on
installation of the copper gutter system has progressed. And some windows have
been removed and their openings prepped for new installations.
The inspectors and neighbors report that, while Mr White and a crew of two men
worked steadily on the house in early August, work since then has been more
sporadic. k appears to have slowed considerably during the past couple of weeks.
The photos document that most of the work has taken place on the front (street side}
of the house, including quite a bit of detail work associated with the porch, bay
window and copper gutter system. The rear of the home has been mostly
untouched Areas of the rear and side exterior walls and the roof remain without
siding or shingles, with window openings boarded.
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THE CITY OF
DuB
~,,,~.~
MEMORANDUM
July 29, 2005
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
408 Burch Street
Dave Stuart nd John White provided me a tour of 408 Burch Street on Friday, July 29,
2005
The house is in a significant amount of disrepair even though the fire that damaged the
home was fi a years ago.
It does appe r that in the last several weeks there has been progress.
Mr. White co miffed to me that he would work on the project full-time until it is
completed in three months, except fora 10-day period in September when he needs to
be in Chicag with an ill relative.
I respectfully recommend that this issued be tabled until the September 5, 2005 City
Council mee ing for a progress report.
~; ~ ,~
~ .~
Michael C. Van Milligen
MCVM/ksf
cc: Barry
Cindy
Rich F
David
indahl, Corporation Counsel
Steinhauser, Assistant City Manager
ussell, Building Services Manager
Harris, Housing & Community Development Director
THE CrCY OP
Dui
MEMORANDUM
Jufy 27, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT 409 Burch Street
Senior Ho sing Inspector Kathaleen Lamb has provided information on the progress
being mad on 409 Burch Street.
C~
G~
Mic ael C. Van Milligen
MCVM/jh
Attachmen
cc: Barr
Lindahl, Corporation Counsel
Steinhauser, Assistant City Manager
Hams, Housing and Community Development Department Director
tussell, Building Services Manager
Date:
To:
From:
Subj:
Here is
July 26, 2005
David Harris, Housing and Community Development Director
Kathaleen Lamb, Senior Housing Inspector
409 Burch Street
,list of the current changes since 7/18/2005 photos.
ront porch steps have been installed.
rout porch posts. have been installed.
ouch side porch has been jacked up and has new footings.
'opper gutter installed on north side of front porch.
.e-buih front hip roofs off bay windows.
corn doors have been refinished and aze ready to hang.
City Manage 's Office
50 West 13th freer
Dubuyue,lo a 52001-4864
(563) 589-411 phone
(563) 589-414 fax
July 22, 2005
Mr. Dav Stuart
1492 Lo ust Street
Dubuau Iowa 52001
Re: 4b9 Birch Street
Dear
THll E CITY OF
~' - _ ~~
~~.~
I am wri ing as a follow-up to a meeting you had with Assistant City Manager
Cindy S einhauser regarding the property located at 409 Birch Street. During that
meeting you raised several issues and I will try to respond to each of them.
First yo indicated that neither yourself, John White nor Mr. White's attorney, Joe
Bitter, w re given any information regarding the June 20, 2005 City Council
meeting agenda item involving 409 Birch Street. You also expressed genera!
concern over the lack of information and correspondence from the City to Mr.
White, r. Bitter or yourself. The following is a list of dates and information sent
to Mr. Bi er regarding actions related to 409 Birch Street:
• J ne 14, 2005, memorandum with attachments from Corporation Counsel
8 rry A. Lindah(to City Manager Michael C. Van Milligen. A copy was
m filed to Mr. Bitter.
• J ne 21, 2005, letter from Corporation Counsel Lindahl to Mr. Bitter
a vising Mr. Bitter that the City Council had adopted a resolution
e tablishing the fair market value of the property.
At your r quest I am resending copies of the information that was provided at the
June 20, 2005 City Council meeting.
You als brought up concerns over the types of complaints raised by the
neighbo regarding 409 Birch Street and indicated that people who live four or
five blo s away from the above mentioned property shouldn't be allowed to
voice co plaints about this property. As you know a neighborhood is defined by
more tha just its physical features. Successful neighborhoods are those where
the citize stake an active role is maintaining the social and physical fabric of the
neighbor ood. The city relies on citizens to help us maintain safety, security and
ice People Integrity Responsibility lrnovation Teamwork
quality o life by helping us identify issues. It is not unusual for neighbors to
contact he city regarding safety, crime, zoning, garbage, weed, and other
general roperty maintenance concerns. When the city receives such
complai ts, we are obligated to respond to these issues. Some matters are
resolve sooner than others. I would disagree with your statement that neighbors
who live four or fve blocks away shouldn't have a voice. if citizens feel
connect d to a neighborhood that is two blocks in length or twenty blocks in
length, t ey have a right to voice their concerns. I believe that to be the case
here.
I would a happy to accept your invitation to come up and view the property and
the wor completed prior to the August 1, 2005 City Council meeting. Would you
please c ntact Office Manager Juanita Hilkin at 589-4110 and let her know what
time wo Id work best for you.
One fina matter. It is my understanding that Mr. Bitter continues to represent Mr.
White a d the City does not want to interfere with that attorney-client relationship.
Would y u please clarify forme what your relationship is to Mr. Bitter and Mr.
White.
Please f~el free to contact me at 589-4110 if you have any questions
Sincerely,
Michael C. Van Milligen
City Manager
CC: B rry Lindahl, Corporation Counsel
Ci dy Steinhauser, Assistant City Manager
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RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROPERTY AT 408 BURCH STREET, DUBUQUE, IOWA, OWNED E
~~~-~ ~'
c~~ /
WHEREAS, John White {Owner) is the owner of the real prop~~~r a~ -*~~ ~~~~~~ ~.~~~
legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa, according to
the recorded plat thereof;
and
WHEREAS, the City Council has found that the Property constitutes a public nuisance;
and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for the purpose
of abating the public nuisance as authorized by Iowa Code § 364.12A; and
WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with
Owner to purchase the Property before proceeding with condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is less than the
fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and the appraised
value of the Property is $21,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the Owner
to purchase the Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this 18~' day of Ju 05. J-.
uggan, Mayor
Attest
Jeanne F. Schneider, CMC
City Clerk
'T}~ CITY OF
DUB E
~~"~`~-
MEMORANDUM
July 14, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
In response to Joe Bitters letter asking for a delay on the City's acquisition of 409 Burch
Street, 1 spoke with City staff who have been monitoring the property. The Housing
Department and the Building Department report that, while there is some work going on,
it is mostly cosmetic in nature and could be described as "puttering."
I respectfully request that the acquisition process continue. Should substantial progress
be made on the project, the City Council can terminate the process at any time prior to
acquisition.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Bany Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Preparers Bamr A. Lindahl. Esa. Address: Suite 330 300 Main Street Oubuaue. IA 52001
Telephone: X5631583-4113
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE
WHEREAS, John White (Owner) is the owner of the real property at 409
Burch Street legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, the City Council has found that the Properly constitutes a
public nuisance; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for
the purpose of abating the public nuisance as authorized by Iowa Code §
364.1 ZA; and
WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with Owner to purchase the Properly before proceeding with
condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is
less than the fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and
the appraised value of the Property is $21,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the
Owner to purchase the~Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this day of July, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Preparers Bann A. Lindahl. Esa. Address: Suite 330 300 Main Street Dubuque. !A 52001
Telephone: (563) 583-4913
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE
WHEREAS, John White (Owner) is the owner of the real property at 409
Burch Street legally described as follows (the Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, the City Council has found that the Property constitutes a
public nuisance; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for
the purpose of abating the public nuisance as authorized by Iowa Code §
364.12A; and
WHEREAS, Iowa taw requires that City must make a good faith effort to
negotiate with Owner to purchase the Property before proceeding with
condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is
less than the fair market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and
the appraised value of the Property is 521,000.00; and
WHEREAS, City has made make a good faith effort to negotiate with the
Owner to purchase the Property for its appraised value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this day of July, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Date: July l7, 2005
To: David Harris, Housing and Community Development Director
From: Kathaleen Lamb, Senior Housing Inspector
Subj: 409 Burch Street
I drove by several times in the last several weeks. I didn't see any visual difference from
the outside. Thereus onaalsecaffwold onegdayh Some workers are oln site na coup a of
open. I saw a guy p
guys other than John White.
Today, Roger did go up to the site and John White allowed him to walk around. Roger
said they are doing some epoxy work and a ton of exterior painting. He has also planted
a bunch of shrubs & trees and has done some stone work. John White told Roger that he
had $16,000 ofwindows inside. He has installed a few of them.
I have attached a few pictures of what the exterior looks like as of today.
/i~/~~
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7/18/05 MON 15:Ja FAR a18588010~ SITTER LAW 1~j001
SITTER LAW OFFICES
485 LaCUST STREE'~
OUBUOUE. IOWA 5Z00t
Joseph J. Bitter' Rte`
OIFce: 563-588-BOB Joa: 56i-bet-t768
Thomas A. Bitter Fax ~.~103 tom: rs3-5esab~b
•aso uansad ~ nr~noss
cxKrn yarwnq ~ ~ FACSTMiLE COVER L~~".fER
DATL`• : 7/18/05 _
409 Burch St. (John ~Ihite Propet•ty}
RE: ..--.
1`RANS1v1xTTED T0:
N,q,~: Cindy Steinhauser, Assistant City Manager
ADDRESS: . .
FAX NO: 589-4149 .
VVE HAVE SENT YOU ~ PAGES INCLUllTNG THIS COVER LETTER. XF VOU
HAVE NOT RECETVF_D AL,L PAGES PLEASE INFORM US BY PHONE AT 563-588-4608.
OR[GINAL DOCUMENT (S) __ ...__. WILL _,X._ W(LL NOT i:~OX.I.OW 1:3Y MAIL.
TNiS DOCUMENT IS ...__ IS NO'f URGENT.
07/18/05 MOA` 15:33 FAX 3195880103 BITTER I.AW 0002
BITi'ER LAW OFFICES
185 LACUST STAEEr
DUBUQUE, IOWA 5200r~840
Joseph J. Bitter' ~:
Thomas A. Better ~' S635e6~6oe Tan; 563582-7545
Fax 563~5L8-01 p3
'Abo in Irindt
Cienl parld~g in roar
Jt,ly 1 s. zoos
s~COND .l•ET~
Office of the City Manager
ATTN: Michaol C. Van Milliecn, City Ivfanagcr
50 W. l3''' St.
Dubuque, IA S200t
VIA FAQ: 589-4149
The Honorable Terrar>,ce M. Dtrr* an and Members crf the City Council
RE: 409 Burch St. (John White Property)
This letter is being dictated to you nn July 18, 2005, al 1:50 p.rrt. 1 am sitting with Mr. John
White and his two workers who ar•e now working on the property at 409 Burch Street. I wish to
give you a progress report.
By previous letter, 1 adL•ised you that Mr. White assured me that he and his workers would be
working on the house on a daily basis, commencing with Friday, June 24, 2005. 1 have stopped
by the While residence on a number of occasions, and 1 can conFrm tl~ac workers have been
working on this house.
Since my last letter, the fallowing work has been done: On the second floor', they have
completely rebuilt and installed 3 stew windows. They ltavc replaced the siding on the north side
of the house around the second floor windows. Further, they have also replaced the gutters on
tl~e second floor with new ccipper gutters.
On the first Aoor, they have cotnpletety rebuilt and replaced .i windows, also with brand new
windows. Today, they are replacing a fourth window. They have also done extensive work to
the two front porches, rebuilding and replacing much of them. They have sanded and painted as
they installed. Orr Sunday, July l7, 2005, they replaced one of the basement windows in the
front with a new window.
As I sit here dictating, Mr. White and t~utr assista.ntt are now re-sanding, refinishing, and painting
tltc front porch floor, aad preparing to install new front steps Leading ti•om the !'root sidewalk to
the front porch. They are painting new siding, some of which has already been installed, some of
which will be installed as soon as the paint is dry. ()ne of the gentlemen is painting boards
which will be installed tnmorr-ow.
07/18/05 MON 15:33 FAR 3195880103 BITTER LAW 0 003
-~
Mr. White advises me that he and his workers have been here every day since the day they
promised they would start the work. 1 would urge the City stair, a~~d any of the Council
members who may wish to come up to this property and look at it at any time. The work is
moving ahead slowly but steadily. The duality of work is absolutely outstanding. The portions
of the house that have now been finished are absolutely beautiful and the workmanship and
quality is unsurpassed.
I believe that City staff could see that there have been dramatic changes made to the front and
side of this house in the last 3 to 4 weeks. Mr. White assures me that they will continue to work
on a daily basis. Each day, l can see progress being made.
The position of the City of Dubuque has been that over many years, the City has bcen insistent
that Mr. White complete the work, while the City patiently attempted to prod him into finishing
the work. I was not involved until recently, and do not have the personal knowledge of the
history of this residence as Mr. White and many members of the City staff have. i can tell you,
however, that since Y have been involved, significant progress has been made and is being trade
on this house.
The City of Dubuque may well be justified in ever)r action the City has taken and is
contemplatinb. I can neither dispute nor agree, but I do know that at this time, the house is being
worked on regularly and progress can be seen on a daily basis. When this house is finished, it
will be a magnificent specimen. This house will be one of the nicest older restored homes in the
City of Dubuque. The inside of the structure has bcen extensively rebuilt. 1 urge you to look at
this property. I flunk you will be astounded by the beauty of those portions of the residence that
have now been rebuilt and restored. You can see that work is ongoing on a daily basis.
I was advised today that the City Council has ott the agenda for this evenittg, a Resolution
authorising the City to commence eminent domain proceedings. 1 cannot dispute that such
actions may be warranted. However, ]know from my lifetime oC living in the City of nubuque,
that our City Administration is oat interested in flexing its muscle against Mr. White, but in
achieving the larger community foals which would include, in this instance, a completion of the
residence, or if it is not to be cornpJeted, tearing it down. Ji think that those of you who examine
this property will readily see that this structure is beautiful and of historic significance.
The residence was built in 1895 by Dr. Shrenk. In the year 1900, the house was purchased by a
Dubuque family who were pioneers in the lurnber industry in this area. They added the
side/front porch to the residence. T}te family then moved to the State of Washington to continue
the lumber business there. The property has then passed into the hands of 3 or 4 other Dubuque
families. Mr. White purchased the property in about 1989, and did extensive work, completely
restoring the inside of the house, and doing extensive work to the outside of the house. His
house was included in the 1990 Old House Enthusiast House Tour. There was a major fire to
this house in the year 2000. 'fhe house was extensively damaged. Since that time, there has
been a stru~~ a with the City Fathers to get Mr. White to restore tl~e building. That process is
07/18/05 MON 15:33 FAR 3195880203 BITTER t.AR'
1
-.~ -
now taking place. By reputation, John White is a master builder with superior cvnstruc:tior~
knowledge and technique.
Again, my suggestion is that the City of llubuque move slowly toward the taking of this
property. If the property is condemned or otherwise taken by the City, its interested purchasers
may wish to buy the house so it can be torn down. Tbis would be a tra5ic loss for the City. !n
any event, X doubt whether any prospective purchaser who should happen to buy the house to
complete tlae work, will apply more tender loving care and attention to detail and quality of
workmanship than is being bestowcci on this house at this time by John White.
In a previous letter, I asked that any cepresentatives of the Gity take a look at this house to sae
the progress that is now being made. Mr. White tells me that to his knowlcds~e, no one has been
up to look at the house. We provided Mr. White's cellphonc number ~~ that anyone interested
could be given a tour of the house both inside and out. Mr. White advises me that he has not
been contacted. I have not been contacted in response to my previous letters. Again, 1 urge all
the interested agents of the City of Dubuque to come by this house anct examine it. It' during the
day, Mr. White wilt be working and will give you the tour and explain the progress that is made
and the detailed plans that he has. 11 in the evening, you are welcome to come on the premises
and look around. Should you wish to call and contact JVir. White, he will Conte to the property
and show you around inside and out.
If you do authorize the City to initiate eminent domain proceedings, 1 ask that you exercise
restraint and forbearance. As tong as Mr. White and his crew are working on this house, the
objectives of the City of Dubuque are being met. The cn~inent domain proceedings can be put on
hold, and re-instituted at any time that the City determines lVlr. White has abandoned his
construction or stopped working on the project.
Tbis is a major reconstruction project. It involves much fine detailed work. This type of work
proceeds at a much slower pace than other types of construction where superior quality is not the
ultimate goal. 1 think the prosiess has been significant. We will be happy to forward you
weekly reports on the progress of this house. We hope the City will work with M.r. White. I for
one will do everythiti~ in my power to e~icoura~c him to cooperate fully with the City's plans and
directives.
Thank you for your consideration.
Very tn~ly yours,
. 7o ph .
JJB/km(6)
cc. Barry Lindalil, Corporation Counsel; 583-1440
Cindy Steinhauser, Assistant City Manager; 589-4149
David Harris, Housing and Community Development Dept. Director; 589-4244
Jerelyn O'Connor, Neighborhood Development Director, 589-4149
~ 004
07/18/05 MON 15:34 FAX 3195880103 BITTER LAW
BITTER LAW OFFICES
16S LOCUST STREET
pUBUpUH, IOWA 52001~fi910
Joseph J. Bitter' '
Thomas A. Bitter o~ ~~80°
. Fus 563466-0103
'Also ioe+Kb h tlirals
Chad yu(vq ~ rear
July 18, 2005
Officc of the City Manager
ATTN: Michael C. Van Milliacn, City Manager
50 W. 13`1' St.
Dubuque, IA 52001
VIA FAX: 589-4149
The Honorable Terrance M. Duggan and Members of the City Council
RE: 409 Burch St. (John White Properry)
[~j 005
Residonu
Joe: ~sez-nse
Tons 563-sB2-7515
On Wednesday. July 13, 2005, 1 stopped at the house on Burch Street owned by John White. By
a previous letter, I had indicated that Mr. White promised to be working on this house every day.
I have gone by his house on an average of 3 to 4 days a week and there have been people
working there.
The work is moving ahead slowly but steadily. This man is an incredible craftsman. That may
be part of the problem. He is so fussy and particular that he does the work so well that it takes a
long time. Nevertheless, the work that he has completed to date is absolutely gorgeous.
I urge you to get up to see this house and see the progress that he is making. I know the City is
frustrated and has indicated an eagerness to move ahead with condemnation, sei2ure, or any
other procedure available. I fully understand, however, your continued patience would be
greatly appreciated.
Thank you for your consideration.
Very truly yours,
Jo ph J. itte
J3B/km{6)
cc: Barry Lindahl, Corporation Counsel; 583-1040
Cindy Steinhauser, Assistant City 1Vlanager; 589-4149
David Harris. HousinD and Community Development Dept. Director, 589-4244
Jerelyn O'Connor, Neighborhood Development Director; 589-4149
G7/18/05 A(ON 15:34 FAX 3195880103 BITTER LAti
BITTER LAW pFFICES
185 LOCUST STREET
DUBlIOUE. IOWA 52001940
Joseph J. Bitter'
Thomas A. Bitter
'Alrro rreeraed In Illinoa
CYart pwldnp in rear
Office of the City Manager
Dubuque Ciry Hall
50 W. 13`" Street
Dubuque, Iowa 52001
The Honorable Terry Duggan
Members of the City Council
Of toe: 5U'3.688•e6pB
Fir: 563,5860103
June 21, ?005
RL: 409 Burch Street (John White Property)
Foos
laesidenco
.roe: 56s-ssz-t7sa
Tom: 563-582.7545
Mr. White and I toured the property on Tuesday, June 27 , 2005. I know that this property has
been the subject of on-going discussions with the Ciry and that the City fathers have made a strong
ar~-ument to the effect that the restoration of this property has taken far longer than it should.
Mr. White gave me a tour of the house. tie hxs done quite a bet of work to the house.
Naturally, much more work is necessary. 1 examined the work that he did, and being familiar with
the construction business, I can see that whaT he has done is done exn•ernely well and far above Ctxle
requirements. He has a detailed plan which is extremely wail thou;;ttl out, and should result in a
beautiful residence. }Ic hati purchased all the windows for the hou_ae, they are sitting inside the house
and they arE top quality windows. He tells me that he has all the kitchen cabinets purchased and paid
for. He tells me that he has purchased siding, he has paid for the siding and taken delivery.
[ understand that there are yuestiorts about the constitutionality of the pending litigation, and
that the Ciry has decided to pursue a nuisance remedy against Mr. White. He tells me that starting
I'riday, June 24, ?005, he intends to be working on the house every single day, all day, with two
helpers. Ffe tells me that he will not take on arty other work until he has the house completely
finished. He tells me that he intends to slant by installicts the windows and putting the siding on the
house. This wi II be a major slap in the right direction.
The City cart make a point that even if t1M. White has had the best intentions in the past, they
have not come to fruition. 1 Izave visited with him [tom time to time and each time I have
encouraged him to move ahead with due speed to get this job [finished. Hr falls nee that he has had
¢7/18/05 MON 15:34 FAX 3195880103 BITTER LAt9
some health problems which are now over, and t}gat lie intends to devote his undivided attention to
the completion of the house. I don't think altyone disputes the quality of his work, only the progress
that he makes over a loft; period of time.
This is the suggestion that I make to the City of Dubuque. We know that the City is not
interested in taking ovtr Mr. White's property. The actions to declare his house a nuisance are
deemed to be a last gasp effort to get somethias acco-nplished. 1~7y suggestion is that if the Ciry will
proceed slowly with the nuisance procedure, the City might see significant a,ld rapid change in the
property. 11: Mr. White truly intends to have three people working on the House full-time
commencing Friday, June 24, 2005, by the end of one week, the City should be able to see significant
progress. ThIS llllght be an incentive For the City authorities to hold off another week. At the end of
the second week, the Ciry might see significant progress again. The Ciry could delay for another
week, hoping that each week will show rapid progress toward completion of this project.
Meanwhile, the City's representatives ara welcome to come on the property and inspect it at any time
without obtaining prior permission. Entry to the inside of the residence will be somewhat difficult
because the doors are kept locked. However, daring the day when N1r. White is working there, he
will show the City's agents the property so they c;an see what is happening.
Mr, White has absolutely promised me that he will follow through. 1 have encouraged this
and I will continue to encourage it. 1 would request that the City delay any further action for about a
week, and if Mr. White has made si-ctlircant progress, the City could delay action for another week
Mr. White can be reached by any of the City's agents during the day, without the necessity of
contacting our office in advance. His hoit~e phone number is 583-1586. He tel Is me that ha can be
reached on his cell phone between 7:00 a m. and 10:00 p, m, at 580-0957.
Thank you for your consideration.
Very telly nun,
Jos J. Bttt
JJB/lap
cc: Barry J.indahl, Corporation Counsel; 583-1040
Cindy Steinhauser, Assistant City Manager; 589-4 149
David Harris, X3ousing and Community Development Department Di--ecior; 589-4244
Jerelyn O'Connor, Neixhborhood Development Director; 589-4149
City Manager; 589-4149
I~oo~
r~ crn oP
DuB
~~-
30 August 05
To: Michael Milligan,
MEMORANDUM
City Manager
From: David Ha 's, Housing and Community Development Department
Re: John Whi#e - 409 Burch Street
At its 1 August meeting, the City Council tabled action on condemnation of the John
White property at 409 Burch Street in order to provide time to the owner to make
progress on rehabilitation repairs. The Council directed that this matter be placed
again on the agenda for the 6 September meeting, with a progress report.
The accompanying set of photos shows that Mr White has completed additions!
work. The inspection report, dated 29 August, notes that four new windows have
been installed. Additional Tyvek wrap has been affixed to the exterior wall
sheathing. Some painting has been completed on the street side. Work on
installation of the copper gutter system has progressed. And some windows have
been removed and their openings prepped for new installations.
The inspectors and neighbors report that, while Mr White and a anew of two men
worked steadily on the house in early August, work since then has been more
sporadic. k appears to have slowed considerably during the past couple of weeks.
The photos document that most of the work has taken place on the front (street side)
of the house, including quite a bit of detail work associated with the porch, bay
window and copper gutter system. The rear of the home has been mostly
untouched Areas of the rear and side exterior walls and the roof remain without
siding or shingles, with window openings boarded.
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~ THE CITY OF
DuB E MEMORANDUM
~.`~~
October 27, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
Housing and Community Development Department Director David Harris is providing
the City Council with a progress report on rehabilitation repairs made by the owner of
409 Burch Street.
I respectfully recommend that this matter be tabled until December 5, 2005.
"'
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
26 October 05
To: Michael Van Milligen, City Manager
From: David Harris, Housing and Community Development Department
Re: Status report - 409 Burch Street
Additional progress has been made in restoring this property, including:
North side of house is complete; all windows and siding installed and painted;
Street (east) side complete except for front door;
South side is approximately 50% completed, with all windows installed and some
siding installed and painted;
West side has now been wrapped with Tyvek and all but one window installed;
Roof shingles approximately 50% completed.
Owner reports that he intends to have all required improvements completed by
November.
t a THE CITY OF
DUB E
~-~~
MEMORANDUM
December 21, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: .409 Burch Street Status Report
Housing and Community Development Department Director David Harris is providing
the City Council with a progress report on rehabilitation repairs made by the owner of
409 Burch Street.
I respectfully recommend that this matter be tabled until February 6, 2006.
~1~, ~~ ~ Z
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
_~ CITY OF DUBUQUE, 10WA
-~-f~ MEMORANDUM
~-r
t
.,~.~
21 December 05
To: Michael Va Milligen, City Manager
i
From: David H~rr s, Housing and Community Development Department
Re: Burch Street status report
An inspection performed on 20 December determined no additional discernible
progress at the property at 409 Burch Street since the previous report. Kathy
Lamb reports that John White has informed her the weather conditions do not
permit further work on the exterior of the building at this time. Mr White also
stated that he is now working on installation of a heating system.
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~ ' THE C3TY OF
DuB E
~.~-~
MEMORANDUM
November 29, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street Status Report
Housing and Community Development Department Director David Harris is providing
the City Council with a progress report on rehabilitation repairs made by the owner of
409 Burch Street.
E respectfully recommend that this matter be tabled until January 3, 2006.
/~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
~'~ CITY OF DUBUQUE, iowA
-~~~ MEMORANDUM
~--r
~_
sty'" ~t'`
29 November 05
To: Michael ~a~ Milligen, City Manager
''J~ .
From: David Harns, Housing and Community Development Department
Re: Burch Street status report
The property at 409 Burch Street, owned by John White, was again inspected on
28 November. The attached photos show subs#antial progress. Remaining work
includes the rear of the roof; rear roof soffit; and sidinglpainting on sections of the
south and west (rear) sides of the structure. The inspection report notes that the
owner intends to build a porch addition on the south side, which explains why
tha# section of siding has not yet been installed.
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THE CITY OF
DUB E
~-~-~
MEMORANDUM
January 24, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
Housing and Community Development Department Director David Harris advises that
there appears to be no progress on the property at 409 Burch Street since the
December 21, 2005 memorandum to the City Council where the matter was tabled until
February 6, 2006.
Taking into account the weather, i respectfully recommend that this matter be tabled
until May 20, 2006.
:~ V
u
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Hams, Housing and Community Development Department Director
Rich Russell, Building Services Manager
... ,
i
THE CITY OF
DuB E
~-~-~
MEMORANDUM
To: Mike Van Milligen, City Manager
From: David Harris, Housing and Community Development Department
Re: Status Report - 409 Burch Street
This memo is to inform you that no additional progress has been made to the property
located at 409 Burch Street since the East status report.
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TiiE CITY OF
Dus E
~-~~
MEMORANDUM
May 11, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
I respectfully recommend #hat the agenda item for 409 Burch Street be tabled until the
June 19, 2006 City Council meeting.
.L~,,~l ,
~.; ~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Bany Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
TFIB Q'[Y OP
DuB E MEMORANDUM
~~,~~
25 April 06
To: Micha~~+(an Milligan, City Manager
From: David Hams, Housing and Community Development Department
Re: 409 Burch Street
At its 3 January 06 meeting, the Council tabled further action on this property until May.
On 24 April, Housing staff inspected the home and filed the following report, on
observable progress noted since the previous inspection.
John White reports that he has refinished the front door and will be installing it shortly.
He has completed some plantings in the front yard space.
Other than the door, the street side of the house is completed. The north side is mostly
completed. The south and west sides of the house remain without siding, with roof
eaves open. The rear section of the roof is without shingles.
Mr White assured the inspector that he intends to be working steadily on the exterior of
home, weather permit#ing.
o v '~'~ ~ .°3'X: T
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THE CITY OF
DuB E
~-~-~
MEMORANDUM
June 15, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milfigen, City Manager
SUBJECT: 409 Burch Street
I respect#ul(y recommend that the agenda item for 409 Burch Street be tabled until the
July 17, 2006 City Council meeting.
1~,, Cy~,,,/
/ ~ C
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Hams, Housing and Community Development Department Director
.--,
;.
1t~ G1TY OP
Dus E MEMORANDUM
~-~.~-~
Date: June 14, 2006
To: Michael Van Milligan, City Manager
From: David Harris, Housing and Community Development Department
Subj: 409 Burch Street
An update on the progress of the John White Street Property on 409 Burch is as
follows:
1.) Preparation work is underway to lay driveways on both the north and south sides
of the house.
2.) New stone retaining walls and stairs have been done on the north side front.
3.) Roofing on the back half of the house has been comple#ed, as welt as on the
south side porch.
4.) Wood floors have been completed inside. (Due to the recent raining weather it
was too wet to work outside.)
5.) Lots of larxiscaping and plantings have been done outside.
6.} The upstairs bathroom and a bedroom have been completed upstairs, in
preparation for moving in next month.
Prepared by: Kathaleen Lamb
Senior Housing Inspector
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v THE Q'IY OF
DuB E
~-~~
MEMORANDUM
July 12, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Miiligen, City Manager
SUBJECT: 409 Burch Street
Progress is being made on 409 Burch Street, and I respectfully recommend this be
tabled until the September 18, 2006 City Council meeting.
~ ~~.~z
Mic ael C. Van Miiligen
MCVM/jh
Attachment
cc: Barry L'indahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Hams, Housing and Community Development Department Director
-. ~ ~:~
_. _..
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Dvs MEMORANDUM
~,~.~~
Juiy 11, 2006
To: Michaa~~,Van Milligan
From: David Hams, Housing and Community Development Director
Subject: 409 Burch Street
An exterior inspection was completed July 1 ~, 2006 of 409 Burch SVeet and the
following work has been done since the last report to council:
Landscaping and stonework has been done.
Flooring and walls are being worked on in the interior.
Grading and preparation work has been done for the driveway. As soon as weather
permits, the driveway will be poured.
Exterior items that are still needing to be done are as follows:
The back quarter of the roof is covered with roll sheeting but is not shingled.
There seems to be little change on the west and south sides of the property since the
fast report to Counal.
Mr. White states that he has been spending most of his time on the interior working on a
bathroom and bedroom space so that he can move into the unit. Mr. White also states
that he has been working ofF site on other projects so as to have some money to finish
409 Burch Street.
(See attached photos of 409 Burch Street.)
Prepared by: Kathaleen Lamb
Senior Housing Inspector
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THE CITY OF
DUB E
~-~~
MEMORANDUM
September 8, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
I respectfully recommend this be tabled until the October 16, 200fi City Council meeting.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
.~
. _.~
CITY OF DUBUQUE, IOWA
MEMORANDUM
5 September 06
To: Michae~~ a Milligen, City Manager
Erom: David 's, Housing and Community Development Department
Re: Status report - 409 Burch Street
Since the last report to Council, there has been no discernible additional work
completed on the property at 409 Burch Street. A call to John White revealed
that he fell a couple of weeks ago and has been on crutches. He hopes his
physician will release him for work in the next couple of weeks. We have not
been advised of a schedule for completion of the remaining work, as had been
requested by your office.
Enclosed are photographs taken as of this date.
Prepared by: Kathleen Lamb, Senior Housing Inspector
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THE CITY OF
DUB E
~,-~-~
MEMORANDUM
October 12, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 409 Burch Street
The owner of 409 Burch Street, John White, has made improvements to his property
over the last several months. However, lately progress has slowed significantly.
I respectfully recommend that this item be tabled until November 6, 2006, to allow time
for City staff to visit with Mr. White to help determine a course of action for the City.
/~ " G. ~i
`~
Michael C. Van Milligen
MCVM/ksf
Attachment
cc: Barry I_indahl, City Attorney
Cindy Steinhauser, Assistan# City Manager
David Harris, Housing and Community Development Director
7'E~ CTCY OP
DuB MEMORANDUM
October 9, 2006
To: Mich el C. Van Milligan
From: David ~ ~is, Housing and Community Development Director
Subject: 409 Burch Street
John White has been released back to work and has been focusing on the exterior:
Getting the stonework finished, he hauled 'in a few tons of dirt to grade the side and
back yards and driveways. They plan to lay sod in the next couple of weeks.
According to the time schedule submitted to you by John White on Sept. 7, 2t~06, John
stated that he would complete the remaining work according to his proposed schedule.
1. Final installation of exterior door and last 2 windows would be completed by 9-
25-06.
This has not been completed.
2. Final installation of exterior roof, trim, soffit treatment and copper gutters by 10-
02-2006.
This has not been completed.
3. Final installation of exterior rails and other porch decorations by October 23,
2006.
This has not been completed.
4. Final grading of driveway and installation of concrete curb and drive. Installation
of decorative limestone retaining walls on the south side of the property by
November 6, 2006.
This is partially underway at this time.
(See attached photos of 409 Burch Street.)
Prepared by: Kathaleen Lamb
Senior Housing Inspector
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THE CtTY OF
DuB E MEMORANDUM
~-~-~
October 30, 2006
TO: The Honorable Mayor and City Council Members ~ .
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Status Report - 409 Burch Street `- ~~
I respectfully recommend this be tabled until the December 18, 2006 City Council
meeting, which 1 would anticipate to be the end of the outdoor construction activity for
the season. The progress on the building would be determined at that time.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
'I7-[E GTI'Y OF
DuB E MEMORANDUM
27 October 06
To: Michael Van Milligen, City Manager
From: David Harris, Housing and Community Development Department
Re: Status report - 409 Burch Street
I met with John White at the site on 20 October. He explained that he had lost
significant time on the project due to a fall, which resulted in torn muscles and a cracked
vertebra. He is now working again on the property, albeit in aphysically-limited fashion.
The house is essentially completed on the front (street) and north sides. Lacking on the
front is installation of the entry door and railing system. John states he has all the
materials and intends to install them within a couple of weeks.
John is presently engaged in exterior drive and landscaping work. He is building a
stone wall along the south boundary line of the property, and will be pouring a concrete
parking slab at the curb cut. He then intends to install decorative stone at the north side
of the property and then pour a driveway along the north boundary all the way to the
rear garages. He likely will not complete the concrete work this season.
John states that, with completion of all this stone work, all the stones stored on the
property will have been used and removed, thus improving the appearance of the site.
He has made some progress on the rear of the property, with all the windows installed
and most of the siding and trim installed and painted.
The rear of the roof remains unshingled, with sofht, fascia and trim work incomplete in
several locations. Mr White assured me this work will all be completed "this building
season."
It appears that our main concern, assuming John will keep the schedule he promises, is
that the southwest comer and side of the home will remain incomplete. This is because
John intends to install a grand, wrap-around porch at this comer, which must be built
before the siding is installed. Further, footings must be dug and poured for the porch
foundation before framing begins. John's estimate is tha# the porch won't be
constructed until next spring. That means the white, Tyvec vapor barrier will remain as
the presenting exterior of that side of the home for likely the next five-six months.
You'!1 note that the schedule for completion of the exterior work submitted by Mr White
in September made no mention of the comer porch or siding installation.
John also states that he intends to begin working on the interior of the home, in the
evenings, with a schedule for occupancy by Thanksgiving.
I informed John that we are reporting on his work to the Council at each meeting, and
that sentiment has been expressed that his progress on completion of the exterior work
has been less than satisfactory. I urged him to comply with the schedule he has
outlined, as noted above, and he assured me that wil! be the case.
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THE CITY OF
DuB E
MEMORANDUM
December 74, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Status Report - 409 Burch Street
The owner of 409 Burch Street, John White, has not maintained the schedule of
improvements on the home at 409 Burch Street that he committed to as part of this
process, but he has made significant progress.
With the arrival of winter, I respectfully recommend that the Mayor and City Council
table this item until June 4, 2007.
~ ~ ~~
~,~a,;
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and community Development Department Director
.. .;
TF~ C77Y OP
DuB MEMORANDUM
~~
December 11, 2006
To: Michael Vintt Milligan, City Manager
'-~1~
From: David Hams, Housing and Community Development Department
Re: Status Report -409 Burch Street
409 Burch Street is completed on the front street) and north sides. Lacking on the front
is installation of the entry door and railing system. When meeting with John White in
October, he stated that he had the materials on hand and intended to install them within
a couple of weeks. To date, this has not been accomplished.
He has finished the new driveway on the south side of the building at Burch Street and
has completed some new stone retaining walls. This has been the work that has been
completed since the last report to Council.
The rear of the roof remains unshingled, with soffit, fascia and trim work incomplete in
several locations. According to John, it has been too cold recently to do much more
outside, so they have been working inside this building more often.
The work that remains to be done is the southwest comer and side of the home. This is
because John intends to install awrap-around porch at this comer, which must be built
before the siding is installed. Further, footings must be dug and poured for the porch
foundation before framing begins. John's estimate is that the porch won't be
constructed until next spring. Accordingly, the white Tyvec vapor barrier will remain as
the presenting exterior of that side of home for the next four to five months.
According to a letter submitted by John White on Sept. 7, 2006, John stated that he
would complete the remaining work according to this proposed schedule.
1. Final installation of exterior door and last 2 windows would be completed by 9-
25-06.
This has not been completed.
2. Final installation of exterior roof, trim, soffit treatment and copper gutters by 10-
02-2006.
This has not been completed.
3. Final installation of exterior rails and other porch decorations by October 23,
2006.
This has not been completed.
4. Final grading of driveway and installation of concrete curb and drive. Installation
of decorative limestone retaining walls on the south side of the property by
November 6, 2006.
This has been completed. The driveway at the north side of the properly
has not been hard~urfaced. Stone retaining wall work has been completed
on that side of the house.
(See attached photos of 409 Burch Street.)
Prepared by: Kathaleen Lamb
Senior Housing Inspector
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