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409 Burch St - John White House D17B~E ~<k~ 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. (1t1 (:'1) I}J~----- Michael C. Van Mifligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director , '. .~:i .. .-,,, OOB~ ~~~ MEMORANDUM 30 August 05 To: Michael ~~Milligen, City Manager From: David H~h\is, 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 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 steadity on the house in early August, work since then has been more sporadic. It 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, incfuding 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. ~ -... ~ # . ,:.. .s .... -'" :>- <v. ,... -'" ;> t- .... ,... ~. t- . -'" t- .... ClJ ;;. a:; ,?" ;> -, ,:: t I . \ , ~: \ \ i ' \ \ \ > \1 , I I' " ., ";, " , " " DU~~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 for a 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. f7Jd !,/~/L Michael C. Van Milhgen MCVM/ksf cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Rich Russell, Building Services Manager David Harris, Housing & Community Development Director D~~~ ~~~ MEMORANDUM July 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. (ItA L1M MiCliael 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. THE CITY OF i L....).. r : r'"':'-r" ;\":\~u::r:'.' , .,,~ U . ,"--:' !_, [~ City Manager's Office 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4110 phone (563) 589-4149 fax ctymgr@cityofdubuque.org ~<k~ 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 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 St!rvice People Integrity Responsibility Innovation Teamwork .. . . .. 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 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 for me 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 . ~.: -\\ t' , . \ I ..'.; . \ "'.\ . l.- f , ) , -, ~ -- - " ';". .~. - ., )- ~ ,. .-~ \ ~ e" i \ .:# . ( "..' . .... .,'f~ . . . 't- J, ... ,~ '..:.:t:t J . , _ \ ". '~i : . .J.. .".,." ._ .):t' 11" " '-:iE~"T ,'.} ,~ ;::. - - - . "', Ii \. .... ~f ~I .:} 7' ' ~J ~ .... .... ~ ~, \l' ~l ~! 1 ~l .... ! I- ..... ......, \..:~ ;~ , . tA- g.) Q a ~r"- ~;- . . ~~..... . ,- ..\ ...... r (,,\ (.. ,- -L. - RESOLUTION NO. AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED E ~pdJ 12> Y? ~5- WHEREAS, John White (Owner) is the owner of the real prop.,ny en ~VQ UUlvll UU~L 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 18th day of ~05. ( --- uggan, Mayor Attest: Jeanne F. Schneider, CMC City Clerk ~ 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. /J(,{ (;';, fill / MicYlael c. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Preparer: Barry A. Lindahl. ESQ. Address: Suite 330 300 Main Street DubuQue. IA 52001 Telephone: (563) 583-4113 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 S 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 Preparer: Barry A. Lindahl. ESQ. Address: Suite 330 300 Main Street DubUQue. IA 52001 Telephone: (S63) 583-4113 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 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, 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 oftoday. J/I Es kS' kiJ~ ~J/4/ A: ~f ~di~~ ;It{);' ~.+ ~t ;. .... jf . :~. ~ ~ ,., ".. ~ t- ... ~ ~ .. .::t: ?' cu .::t: :> ~ ~ ';? ::>- .... I- Q; ;Jl'4 -ai, ~i ~. ~J ,J f/18/05 MON 15:33 FAX 3195880103 BITTER LAW 14I 001 BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE. IOWA 52001 Joseph J. Bitter" Thomas A. Biner OIfice: 563.S88..d606 Fax: 563-~103 Residence Joe: ~582.1768 Tom: 663-582.7546 'Nso IlcellSecI in Illinois Client parking in rear F ACSIMTLE COVER LETrER DATE: 7/18/05 409 Burch St. (John White Property) RE: TRANSMITTED TO: NAME: C;n~y Ste1nh~~ser. Ass;~tant Cit~ Manager ADDRESS: FAX NO: 589-414.9 WE HAVE SENT YOU 7 P AGES INCLUDING THIS COVER LETTER IF YOU HA VB NOT RECEIVED ALL PAGES PLEASE INFORM US BY PHONE AT 563-588-4608. ORJGTNAL DOCUMENT (S) _. . .'.0' WILL _..X_ WILL NOT FOLLOW BY MAIL. THrs DOCUMENT IS IS NOT URGENT. 07/18/05 MON 15:33 FAX 3195880103 BITTER LAW f4I 0 02 .. BITTER LAW OFFICES 485 LOCUST SffiEET DUBUQUE,IOWA 52001-6940 Joseph J. Bitter- Thomas A. Bitter Office: 563-5884608 Fax: 563.58800103 Residence Joe: 563-682.1768 Tom: 563-582.7545 . Also licensed in Illinois C1ienl parlclng In rear Ju.ty 18. 2005 SECOND LETTER Office of the City Manager AnN: Michael C. Van Milligen, City Manager 50 W. )3'h $t. Dubuque, IA 52001 VIA FAX: 589-4149 The Honorable Terrance M. Duggan and Members of the City Council RE: 409 Burch Sl. (John White Prupe11y) This letter is being dictated to you on July 18. 2005, at 1:50 p rn. J am siuing with Mr. John White and his two workers who are now working on the property at 409 Burch Street. I wish to give you a progress report. By 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. I have stopped by the While residence on a number of occasions. and 1 can confirm that work.ers have been working on this house. Since my last letter, the following work has been done: On the second tloor. they have completely rebuilt and installed 3 new windows. They have replaced the siding on the north side of the house around the second floor windows. Further, they have also replaced the gutters on the second iloor with new copper gutters. On the first floor, they have completely rebuilL and replaced:) windows. also with brand new windows. Today, they are replacing a fourth window. They have also d<.me extensive work to the two from porches. rebuilding and replacing much of them. They have sanded and painted as they installed. On Sunday. July 17. 2005, lhey replaced one of the bai;ement windows in the 1ront with a new window. As I sit here dictating, Mr. White and two assistants are now re-sanding, refinishing, and painting the front porch floor. and preparing to illStall new front steps leading n'om the from sidewalk to the front porch. They are painting new siding, soml~ of which ha5 already been inslallcd, some of which will be installed as soon as the paint is dry. One of The genllemen is painting boards which will be installed tomorrow. 07/18/05 MON 15:33 FAX 3195880103 BITTER LAW f41003 -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 stan: and any of the Council members who may wish to come lip to this prOperly and look at iL at any time. The work is moving ahead slowly but steadily. The quality of work is absolutely outstanding. The portions of the house that have now been ti.nished are absolutely beautiful and the workmanship and quality is unsurpassed. I believe that City staff could see t.hat 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, 1 ean see progress being made. The position of the City of Dubuque bas been that over many years, the CiLy has been insistent that Mr. White complete the work., while the City patiently attempted to prod him into finishing the work. 1 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 I 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 contemplating. 1 can neither dispute nor agree, but 1 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 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 flOW been rebuilt and restored. You can see that work is ongoing on a daily basis. I was advised today that the City Council has on the agenda for this evening., a Resolution authorizing the City to commence eminent domain proceedings. 1 cannot dispute that sueh actions may be warranted. However, 1 know from my lifetime 0(' living in the City of Dubuque, that our City Administration is not interested in flexing its muscle against Mr. White, but in achieving the larger community goals which wouJd include, in this instance, a completion of the residence, or if it is not to be completed, tearing it down. .l think that those of YOll 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 lumber industry in this area. They added the side/front poreh to the residence. The family then moved to the State of Washington to eontinue the lumber business there. The property has then passed into the hands or 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. The house was ex.tensively damaged. Since that time, there has been a struggle with the City Fathers to get Mr. White to restore the building. That process is 07/18/05 MON 15:33 FAX 3195880103 BIITER LAW III 004 " -,)- now taking place. By reputation, John White is a master builder with superior constructiou knowledge and technique. Again, my suggestion is that the City of Dubuque move slowly toward the taking of this property. If the propelty is condemned or otherwise taken by the City, its interested purchasers may wish to buy the house so it can be tom down. Tbis would be a tragic loss for the City. In any event, J 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, 1 asked that any representatives 01" the City take a look at this house to see the progress that is now being made. Mr. WhiLe Lells me that to his knowledge. no one has been up to look at the hOllse. We provided Mr. White's cellphone number so that anyone im.ereS1.ed could be given a tour of the house both inside and out. Mr. White advises me that he has not been contacted. 1 have not been contacted in response to my previous leLLers. Again. 1 urge all the interested agents ofthe City ofDLlbuque to come by this house and examine it. If during the day, Mr. White will be working and will give you the tOur and explain the progress lhat is made and the detailed plans that he has. If in the evening, you are welcome to come on the premises and 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 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 Cfilinent domain proceedings can be put on hold, and re-instituted at any time that the City determines Mr. White has abandoned his construction or stopped working on the project. This 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 progress has been significant. We will be happy to tbrward you weekly reports on the progress of this house. We hope The City will work with Mr. White. I for one wHl do everything in my power to encourage him to cooperate fully with the City's plans and directives. Thank you for your consideration. Ver)': truly yours. ~ JJB/km( 6) cc: Barry Lindahl, Corporation Counsel; 583-1040 Cindy Steinhauser, Assistant City Manager~ 589.4] 49 David Harri.s. Housing and Community Development Dept. Director; 589-4244 Jerelyn O'Connor, Neighborhood Development Director. 589-4149 07/18/05 MON 15:34 FAX 3195880103 BI'ITER LAW III 005 BITTER LAW OFFICES 485. lOCUST STREET' DUBUQUE, IOWA 52001-6940 Joseph J. Bitter. Thomas A. Bitter Office; 563-S88-4608 Fax: SS3-588-0103 Residence Joe; 563-582-1768 Tom; 563-582-7545 . Also ~cen&Id In II&noIs CUent parkilg in rear July 18. 2005 Office of the City Manager ATTN: Michael C. Van Milligen, City Manager' SO W. 13lh St. Dubuque, IA 52001 VIA FAX: 589-4149 The Honorable Terrance M. Duggan and Members of the City Council RE: 409 BUl'ch S1. (John White Property) On Wednesday. July 13, 2005. I slopped at the house on Burch Street owned by John White. By a previous leHer. 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 LO 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. JJB/km(6) cc: Barry Lindahl. Corporation 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 BlITER LAW III 006 BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE. IOWA 52001-6940 Joseph J. Bitter- Thomas A. Bitter Ollioe; 563-588-4608 Fax: 563-588-0 I 03 Residence Joe: 563-582-1768 Tom; 563-582.7545 . Also licenaed in Illinois Clienl paJ1cing in rear June 21,2005 Office of the City Manager Dubuque City Hall 50 W. 13th Street Dubuque, Jowa 52001 The Honorable Terry Duggan Members of the City Council RE: 409 Burch Street (.Tohn White Property) Mr. White and I toured the property on Tuesday, JWle 2J, 2005. I know that thi5 property has been the subject of on-going discussions with the City and that the City fathers have made a strong argument to the effect tha( the restoration of this property has taken far longer than il should. Mr. While gave me a tour of the house. lie has done quite a bIt of work to the house. Naturally, much more work is necessary. J examined Ihe work thai he did, and being ramiliar with the construction business, J can see thaI what he has done is done e."rremcly well and far above Code requirements. He ha<; a detailed plan which is extremely well thought out, and should result in a beauliful residence. He has purchased all the windows for (he hou.c;e, lhey are sitting inside rhe house and they are top quallty windows. He tells me that he has alllhc kitchen cabinels purchased <\rld paid for. He tells me that he has purchased siding, he has paid for the siding and taken delivery. ( understand that there are questions about the constitutionality of the pending litigation, and that the City has decided to pursue a nuisance remedy againST Mr. White He Tcll~ me that starting Friday, June 24,2005, he intends to be working on the house every siogle day, all day, with two helpers. He 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 installing the windows and putting the siding on the house. This will be a major step in the right direction. The City can make a point that even if Mr. White has had the best intenTions in the past, they have not come to fruilion. I have visited with him (rom time to lime and each time J have eneoul'aged him to move ahead with due speed to get this job linished. HI:: tells me that he has had 07/18/05 MON 15:34 FAX 3195880103 BITTER LAW III 007 some health problems which are now over, and that he 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 that he makes over a long period of time. This is the suggestion that I make to the City of Dubuque. We know lhat 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 wllI proceed slowly with the nuisance procedure, the City might see significant and rapid change in the property. If Mr. White truly intends 10 have three people working on the house full-time commencing Friday. June 24, 2005. by {he end of one week, the City should be able to see significanI progress. This might be an incentive for the City authorities to hold ofT another week. At the end of the second week, the City might see significant progress again. The City could delay for another week, hoping that each 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 ~my time without obtaining prior permission. Entry to the inside of the residence will be somewhat difficult because the doors a.re kept locked. However, during the day when Mr. 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. J have encouraged this and I will continue to encourage it I would request thatlhe City delay any fUllhcr action for about a week, and if Mr. White has made significant progress, the City could delay action for another week Mr, White can be I'cached by any of the City's agents during the day. witnoutthe necessity of contacting our office in advance. His home phone number is 583-1586. He tells me that he 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. JJB/Jap cc: Barry Lindahl, Corporation Counsel; 583-1040 Cindy Steinhauser, Assistant City Manager; 589-4149 David Harris, Housing and Community Devetopment Department Director; 589-4244 Jerelyn O'Connor, Neighborhood Development Director; 589-4t49 City Manager; 589-4149