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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. I 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. \ \ ~ Q,) :> '>;; . ..::. I-- "". . : 'iL "".. 'i~ :> ~ ., . >~ :~:: \ ~:::a..~ ~-- \ \ , , , \ %:"/J/~ /trj J i5U"~~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. (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 . : ,~~.. , 5D~~ ~ck~ 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. ~ -c -.; / I I . , \ Ii \ . / ~ , ., .~ ~,.; \'.. . ./..$- *~ . " flit I'. }.,.~1I '..;s. ..:(~ ... - ~~ J~ ~ [ I .. .. I I I I J -.1 .. \.'-~. ~ " ;. ~ .. L ...." .. , .t ... -" -~ ~:; "'~ -.,.,t ~i _-,-t: , , , 1!~ 1 ~ ~l -. "I . .J~.~'" ,.. "~- :--~,..., "' ~ ~ ,\ ',::',~~ ....\....." . t.. ., '_. _.~;.~:,~i .......i I ~.. t~:i'-~ ' ~ ~ - " . ~-. . ~.y....~.., .': ............ --' . . : '- .. - \, 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 ~ 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 : L....). r i r-::iit:~\f'-~~:" --.. LJ .. _' -.s.:'. '._J l ~ 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 ~<k~ 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 I I J J. I I : j , ~ I ! ~., t- l . l . \ ~-1~' \ J r · t IJ r ..~ t , . r'~ 7'f?'Q. . '..~ ": 1.1 ",' :( 'Jk .' ~ !,: ;11' \' '<l. .. " j 1 . , ' '-~- ~ ."'. . " .'. ~ " - ..... . . ;Jt, .. ..... .. ~> _.-... ~:~ .. .J.- ,.. .~ I ~ ':.. ~. ,. ',I- .; , t ~ 'tpe'- f . .x Qj ,. I - .-.,.~- v 'L, - - " \ r - 7-. 11 11 II .~ ,.... ~I > ii' ~I ~J " .- ~F ~J ~, ". , 1 ! : ") - - tr) [) D C""6 be ;r - \~ c.-..\ (. - -L.. tilt ~ a a ~ "i{I}!""- F.r ~\t~ ;~ ..... ....., -1-- RESOLUTION NO. AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED E ~&d/ 12> gp ~5- 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 ~ DU~~ ~<k~ 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 ltdJ ~ ~~I/q ~ ~f ~t2:/) ~~ ;(JItJ~ f' ~ .t - " ~,-. ~,~"r...""&' .~ ,-' " ....~ ."1!" ' i~ N.....- I- - .. . - i'...... ..."':.: , ....,.... i' . , . f' .~, , - ;t ~ .. e;""':.: " r ~,. , - ;t "'" - " ,1;0 .. ~ ;:.> I ~ -'" I ~ ~ ~ ;> ~ -'" co I ::> cii ~ 7 P ..... ~. ~ ~; ~l >of /-' 1711~/05 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. ('"" jj) ,.:.. ~J ~ ~ ...>C ... > "" ~J ~ .:.: ... > ..:.: .:.: ~ <V ?; "" ~; ~ . \" l,t\ " I . . l \1 " \ / / / i 1 :1 " -, f I I,' ~ " \. ~~ ..'.. I ~ <0 ". . :. I . '. ' \~ .' , -~-