409 Burch St - John White house report
CITY OF DUBUQUE, IOWA
MEMORANDUM
22 September 05
To: M~, ~', I Van Milligen, City Manager
~,
From: Dav " Harris, Housing and Community Development Department
Re: John ~hite - 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 qn 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.
I
Little work has been done to the back or west side of the property, but some lower trim
has been ihstalled.
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At the time the inspectors were at the property, Mr. White had a crew of three workers on
site. Inspbctors 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.
I
CITY OF DUBUQUE, IOWA
MEMORANDUM
22 September 05
To: M~~l Van Milligen, City Manager
From: D~a 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 ofthe 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.
-------r--
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 Burch 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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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.
(lt1 ~; "t !JJ____
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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MEMORANDUM
30 August 05
To: Michael ~t\Milligen. City Manager
From: David 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, 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
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 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 e years ago.
It does appe r that in the last several weeks there has been progress.
Mr. White co mitted 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 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.
f],J,j !(..i1/L
Michael C. Van Milhgen
MCVM/ksf
cc: Barry indahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Rich ussell, Building Services Manager
David Harris, Housing & Community Development Director
THE CITY OF
MEMORANDUM
DUB
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July 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.
/Il~A Lt~k
'MiC1iael C. Van Milligen
MCVM/jh
Attachmen
cc: Bar Lindahl, Corporation Counsel
Cin y Steinhauser, Assistant City Manager
Dav d Harris, Housing and Community Development Department Director
Ric Russell, Building Services Manager
Date:
To:
From:
Subj:
July 26. 2005
David Harris. Housing and Community Development Director
Kathaleen Lamb. Senior Housing Inspector K<:R
409 Burch Street
Here is list of the current changes since 7/18/2005 photos.
. ront porch steps have been installed.
. ront porch posts have been installed.
. outh side porch has been jacked up and has new footings.
. opper gutter installed on north side of front porch. .
. e-built front hip roofs offbay windows.
. ront doors have been refinished and are ready to hang.
THE CITY OF :
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City Manage's Office
50 West 13th tIeet
Dubuque, 10 a 52001-4864
(563) 589-411 phone
(563) 589-414 fax
ctymgr@city fdubuque.org
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July 22, 2005
Mr. Dav Stuart
1492 Lo ust Street
Dubuqu Iowa 52001
9 Birch Street
Re:
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 general
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
B rry A. Lindahl to City Manager Michael C. Van Milligen. A copy was
mailed 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 also brought up concerns over the types of complaints raised by the
neighbor regarding 409 Birch Street and indicated that people who live four or
five bloc 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 s take 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
St! vice
Peop Ie
Integrity
Responsibility
Innovation
Teamwork
... . . .
quality 0 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
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
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 e 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 c ntact Office Manager Juanita Hilkin at 589-4110 and let her know what
time wo Id work best for you.
One final 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 for me what your relationship is to Mr. Bitter and Mr.
White.
Please ~ el free to contact me at 589-4110 if you have any questions.
Sincerely,
fKh
Michael C. Van Milligen
City Manager
MCVM/c
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 409 BURCH STREET, DUBUQUE, IOWA, OWNED E
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WHEREAS, John White (Owner) is the owner of the real prop.".y a. "Tva UUlu11 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
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DU~~
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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.
/lti (;;, fill /
Mic,",ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Preparer: Barrv 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 ~
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: (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
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.
1/16- ~5
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MON 15:33 FAX 3195880103
BITTER LAW
III 001
BITTER LAW OFFICES
485 LOCUST STREeT
DUBUQUE. IOWA 52001
Joseph J. Bitter"
Thomas A. Biner
OIIice; 563-S88-A60B
Fax: 563-588-0103
Residence
Joe:~582-1768
Tom: 563-582.75-46
'Also IIc&lISed in ntinois
Client parking in INr
F ACSIMTLE COVER LETfER
DATE:
7/18/05
409 Burch St. (John White Property)
RE:
TRANSMITTED TO:
NAME:
Cin~y Ste1nh~~ser. Assistant City Manager
ADDRESS:
fAX NO:
589-414.,9
WE HAVE SENT YOU 7 PAGES INCLUDING THIS COVER LETTER. IF YOU
HA VE NOT RECEIVED All PAGES PLEASE INFORM US BY PHONE AT 563-588-4608.
ORJGTNAL DOCUMENT (S) _. ,._. WILL _..~_ WrLL NOT FOLLOW BY MAlL.
THfS DOCUMENT
IS
IS NOT URGENT.
07/18/05 MON 15:33 FAX 3195880103
BIITER LAW
1lI002
..
BITTER LAW OFFICES
485 LOCUST STFlEET
DUBUQUE. IOWA 52001-6940
Joseph J. Bitter"
Thomas A. Bitter
Olfice; 563-588-4608
Fax: 563.588-0105
R~idenc;e
Joe: 563-li82.1768
Tom: 563-582.7545
. Also licensed in Illinois
Client par1clng In rear
July 18. 2005
SECOND LETTER
Oflice of the City Manager
ATTN: Michael C. Van Milligen, City Manager
50 W. ]311' St.
Dubuque,IA 52001
VIA FAX: 589-4149
The Honorable Terrance M. Duggan and Members ()f the City Council
RE: 409 Burch St (John White Propelty)
This letter is being dictated LO you on July 18, 2005, at 1:50 p, rn. J am siuing witn Mr. John
White and his two workers who are now working on the property at 409 Burch Streel. I wish to
give you a progress repo!'t,
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 White 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 floor, they have
completely rebuilt and insta.lJed 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 rebuilt and replaced] windows, also with brand new
windows. Today. they are replacing a fourth window. They have also done extensive work to
the two from porches, rebuilding and replacing much of Lhem. They have sa.nded and painted as
they installed. On Sunday. July 17. 2005. they replaced one of the basement windows in the
ii"ont with a new window.
As I sit here dictating, Mr. White and two assistants are now l'e-sanding, refinishing, and painting
the front porch floor, and preparing to install new front steps leading n'om the from sidewalk to
the front porch, They are painting new siding, some of which has already been inslalled. some of
which will be installed as soon as the paint is dry, One of the gentlemen is painting boards
which will be installed tomorrow.
07/18/05 MON 15:33 FAX 3195880103
BIITER LAW
~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 stan: and any of the Council
members who may wish to come lip to this property and look at it at any time. The work is
moving ahea.d 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 tront 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 CRn 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 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 stafr have. 1 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 extensiveJy 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 011 the agenda for this evening, a Resolution
authorizing the City to commence eminent domain proceedings. 1 cannot dispute that such
actions may be warranted. However, 1 know from my lifetime or 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 would 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 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 pioneel's in the lumber industry in this area. They added the
side/front porch to the residence. The fa.mily then moved to the State of Washington to continue
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 ;n the 1990 Old House Enthusiast House Tour. There was a major fire to
this house in the year 2000. The house was extensively damaged. Since that time, there has
been a struggle wit.h the City Fathers to get Mr. White to restore the building. That process is
07/18/05 MON 15:33 FAX 3195880103
BITTER LAW
~004
...
-.J-
now taking place. By reputation, John White is a master builder with superior construction
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. This would be a tragic loss for the City. in
any event, :r 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 tha.n is being bestowed on this house at this time by John White.
In a previous letter, 1 asked that any representatives or the City take a look at this house to see
the progress that is now being made. Mr. White tells me that to his knowledge. no one has been
up to look at the hOllse. We provided Mr. White's cellphone number $0 that anyone interest.ed
could be giv~n a Lour of the house both inside and out. Mr. White advises me that he has not
been cOntacLed. 1 have not been contacted in response to my previous leLlers. Again, 1 urge all
the interested agents of the City of Dubuque 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 that 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 eall and contact Mr. White, he will come to the property
and show you around inside and out.
If you do authorize the City to iniLiate eminent domain proceedings, 1 ask that you e.xel'cise
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. Thc enlinent 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 constl11ction where superior quality is not the
ultimate goal. 1 think. the progress has been signiticam. We will be happy to forward you
weekly repons on the progress of this house. We hope The City will work with Mr. White. I for
one will do everything in my power to encourage hi m to cooperate fully with the City's plans and
directives.
Thank you for your consideration.
Verx 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, Ncighborhood Development Director~ 589-4149
07/18/05 MON 15:34 FAX 3195880103
BITTER LAW
III 005
BITTER LAW OFFICES
485. lOCUST STREET
DUBUQUE, IOWA 52001-6940
Joseph J. Bitter.
Thomas A. Bitter
Office; 563-588-4e08
Fax: 5SW88-0103
Residenc.
Joe: 563-582.1768
Tom; 563-582-7545
. Also ~cenGId In Ulinols
CUen1 parlcilg i1 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 St. (John White Property)
On Wednesday. July 13, 2005, I 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 ave.'age 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 [hat 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 indieated 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 considera.tion.
IJB/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
BITTER LAW
III 006
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE. IOWA 5200H940
Joseph J. Bitter-
Thomas A. Bitter
Office: 563-588-4606
Fax: 583-588-0100
Rosidllnc&
Joe: 563-582.1768
Tom; 563-582.7545
. Alao licensed in lIIinoill
Client p8l1dng in rear
June 21,2005
Office of the City Manager
Dubuque City Hall
50 W. 1301 Street
Dubuque, Jowa 52001
The Honorable Terry Duggan
Members of the City Council
RE: 409 Burch Street (John White Property)
Mr. White and 1 toured the property on Tuesday, JlUle 21,2005. I know that thi!'; 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 that the restoration of this property has taken far longer than it should.
Mr. White gave me a tour of the hOllse. He has done quite a bit of work to the house.
Naturally, much more work is necessary. I examined the work thaI he did, and being rami liar with
the construction business, I can see that whaT he has done is done exrremely well and far above Cude
requirements. He ha.. a detailed plan which is extremely well thought our, and should result in a
beautiful residence. He has purchased all the windows for the hou.c;e, Ihey 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 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 single day, all day, with two
helpers. He tells me that he will not take all any other work until he hets 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 c:!l.ll111ake a point that even if Mr. White has had the best intentions in the past, they
have not come to fruitioll. 1 have visited with him from time to lime and each time J have
encouraged him to move ahead with due speed to get this job finished. He tells me that he has had
07/18/05 MON 15:34 FAX 3195880103
BITTER LAW
l4J 007
some health problems which are now over, and that he intends to devote his undivided attention to
the completion ofth.e house. I don't think anyone disputes the quality of his work, only the progrcss
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. My suggestion is that if the City wtll
proceed slowly with the nuisance procedure, the City might see significant and rapid change in the
property. If Mr. White trllly intends 10 have three people working on the house full-time
commencing Friday, June 24, 2005, by the end of one week, the City ShOllld be able to see significant
progress, This might be an incen1ive 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 tOl' 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 are 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. I have encouraged this
and I will continue to encourage it. I would request thallhe City delay any fw1her action for about a
week, and if Mr. White has made signilicant 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. without the 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.
JIB/lap
cc: Barry Lindahl. Corporation COllnsel~ 583-1040
Cindy Steinhauser, Assistant City Manager; 589-4149
David Hartis, I-lousing and Community Development Department Director; 589-4244
Jerelyn O'Connor, Neighborhood Development Director; 589-4149
City Manager; 589-4149
~
DDB~
~~~
MEMORANDUM
30 August 05
To: Michael ~Milligen. City Manager
From: David 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 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. 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, 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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