Loading...
409 Burch St purchase property J. White 06/21/05 TUE 16:35 FAX 3195880103 BITTER LAW [4J 002 ~. ";-- BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 Joseph J. Bitter- Thomas A. Bitter Oflice: 56~5BB460a Fax: 563-588-0f03 Residence Joe: 563-582-1768 Tom: 563-582-7545 'Also 6censed in Illinois Cllenr parking i/1 rear J line 21, 2005 Office of the City Manager Dubuque City Hall 50 W uti, Street Dubuque, Iowa 52001 The Honorabl~ Terry Duggan Members of (he City Council REi: 409 Burch Street (John White Property) Mr. White and! toured the propcny on Tuesday, June 21,2005. I know that this property has been the subject of on-goi ng diScussions With The City and That the City futhers have made a strong argument to the eiTect that the restoration of this prop~rty h,L" takell far longer than it ~h()uld. Mr. White gave me a. rollr of the house. He has done quite a bil of' work to the house. Nat.lIraHy, much !nore work is necessary. I examined the work that he did, 3rld beingn~l11iktr with the construct.ion business, I can see that what he has done is clone extremely well and fa/' above Code requirements. He has a detailed plan which is extremely well thought out, and should result in a beautiful residence. He has purchased all the windows for the house, they are siuing inside Ihe 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 foJ' the si.ding and taken delivery. I understand that there are questions aboUT rhe constitutionality of the pending litigation, and that the City has decided to pursue a nuisance remedy against MI'. While He lells me that starting Friday, June 24, 2005, he intends to be working On the house every single clay, all day, with two helpers. Ile tells me that he willno1 take on any other work lII\lil he has the house conlpletely finished. He tcllsmc that he Intends ro stan by installing the windows and purring the siding on the house. This will be ~. major step in the right direction. The Cily can make a. point that cvcn iflVlr Whltc has had rhe best intcntlons in thc past, they havc not come to fruition. I have visited wlrh him fh11l1 TIme ro time and each Tllnc I have encouraged him to move ahcil.d with due speed TO get this job finished, He tells me rhat he has had - -- 06/21/05 TUE 16:36 FAX 3195880103 BITTER LAW ~- 141003 - .. some health problems which are now over, and that he intends lO devote his undivided attention to the completion of the house. I don 't think anyun\:l di.spllles the glH\Jlty of his work, only the progress that he makes over a long period of time . This is the suggestion that 1 make to the City ofDllbuque. 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. My suggestion is that if the City will proceed slowly wj.th the nuisance procedure, the City might see significant and rapid change in the property. If Mr. White truly intends to have three people working on [he 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 t.he City authorities to hold ofr another week. At the end of the second week, the City might see significant progress again. The City could delay for another wl::lel~ hoping that each week will show rapid progress towar'd completion of this projeCT Ml::la.nwbilc, the City's representatives are welcome to come on the property and inspect it at any time wil.holll obtaining prior permission. Enuy to rhe inside of the residence will be somewhat difficult because the doors are kept locked Huwever, dUllrlg IhE: day when Mr. White is working there, he will show the City's agents The property su they Crln see what is happenll1g. Mr. White has absolutely promised me that he will Collow through. I have eJicouraged this and I wiJJ continue to encourage it I would request that the City delay any further action for about a week, and if Mr. White has made signific.ant progress, the Cily could delay action for another week Mr, White can be rea.ched by any of the City's agents during the day, without the necessity of contacting our office in advance. His home phone nLlmber is 583-J 586. lIe tells me that he can be reached on his cell phunl::l between 7:00 a.m. and J 0',00 p. m. at 580-0057. Thank you for YUllI consideration. JJB/1ap cc: Barry Lindahl, Corporal.ion CounseL 583-l040 Cindy St.einhauser, Assistanl Cily Manager; 589-41.49 David Harris, I-lousing and Community Developmenr Department Director, 589-4244 Jerelyn O'Connor, Neighborhood Development Director: 589-4149 City Manager; 589-4149 Preparer: Barry A. Lindahl. ESQ. Telephone: (563) 583-4113 Address: Suite 330 300 Main Street DubuQue. IA 52001 , 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 Property by eminent domain. Passed, approved and adopted this day of July, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Tracey Stecklein From: Sent: To: Cc: Subject: Tracey Stecklein [tsteckle@cityofdubuque.org] Monday, July 11, 2005 9:21 AM SCHNEIDER, JEANNE (jschneid@cityofdubuque.org) BARRY LINDAHL FW: John White Authorizing ResolutionAuthorizi 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