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409 Burch Street_Historical InformationTHE CITY OF DUB E Masterpiece nn the Mississippi MEMORANDUM May 31 2007 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street In a November 29 2004 memorandum to the City Council I wrote The single family home at 409 Burch owned by John White has been a longtime problem property Complaints about this house and resulting City enforcement activities date to 1996 Mr White has unsuccessfully attempted since a known date of 1995 to undertake a comprehensive rehabilitation of the structure The house remains vacant uninhabitable and a blighting influence on an otherwise wellmaintained residential neighborhood Subsequently the City Council adopted a resolution setting the Fair Market Value and authorized condemnation of the property In a July 29 2005 memorandum to the City Council I wrote Dave Stuart and John White provided me a tour of 408 Burch Street on Friday July 29 2005 The house is in a significant amount of disrepair even though the fire that damaged the home was five years ago It does appear that in the last several weeks there has been progress Mr White committed to me that he would work on the project fulltime until it is completed in three months except fora 10day period in September when he needs to be in Chicago with an ill relative I respectfully recommend that this issue be tabled until the September 5 2005 City Council meeting for a progress report Page 1 John White has not held up his commitment and even though he has made some improvements you will see from Housing and Community Development Department Director David Harris latest report that there has been no progress since December 6 2006 I respectfully recommend that the Mayor and City Council direct City Attorney Barry Lindahl to restart the property acquisition process Mich el C Van Milligen MCVMjh Attachment cc Barry Lindahl City Attorney Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Page 2 THE CITY OF DUB E Masterpiece on the Mississippi 30 May 07 To Michael V n illigen City Manager MEMORANDUM From David Hai Housing and Community Development Department Re Status report 409 Burch Street This property was inspected on 30 May Since the previous inspection 11 December 06 report attached it appears no work has taken place on the exterior of the building Photographs taken as of this date are also attached att Page 3 ITiE CICY OF DuB MEMORANDUM s December 11 2006 To Michael VnMilligen City Manager t1 From David Harris Housing and Community Development Department Re Status Report 409 Burch Street 409 Burch Street is completed on the firont street and north sides Lacking on the front is installation of the entry door and railing system When meeting with John White in October he stated that he tad the materials on hand and intendad to install them within a couple of weeks To date this has not been accomplished He has finished the new driveway on the south side of the building at Burch Street and has completed some new stone retaining walls This has been the work that has been completed since the last report to Council The rear of the roof remains unshingled with soffit fascia and trim work incomplete in several locations According to John it has been too cold recently to do much more outside so they have been working inside this building more often The work that remains to be done is the southwest corner and side of the home This is because John intends to install awraparound porch at this comer which must be built before the siding is installed Further footings must be dug and poured for the porch foundation before framing begins Johnsestimate is that the porch wont be constructed until next spring Accordingly thewhite Tyvec vapor barrier will remain as the presenting exterior of that side of home for the next four to five months According to a letter submitted by John White on Sept 7 2006 John stated that he would complete the remaining work according to this proposed schedule 1 Final installation of exterior door and last 2 windows would be completed by 9 2506 This has not been completed 2 Final installation of exterior roof trim soffit treatment and copper gutters by 10 022006 This has not been completed 3 Final installation of exterior rails and other porch decorations by October 23 2006 This has not been completed Page 4 4 Final grading of driveway and installation of concrete curb and drive Installation of decorative limestone retaining walls on the south side of the property by November 6 2006 This has been completed The driveway at the north side of the property has not been hardsurFaced Stone retaining wall work has been completed on that side of the house See attached photos of 409 Burch Street Prepared by Kathaleen Lamb Senior Housing Inspector Page 5 Page 6 Page 7 Page 8 Page 9 THE CITY OF DUB E MEMORANDUM December 14 2006 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT Status Report 409 Burch Street The owner of 409 Burch Street John White has not maintained the schedule of improvements on the home at 409 Burch Street that he committed to as part of this process but he has made significant progress With the arrival of winter I respectfully recommend that the Mayor and City Council table this item until June 4 2007 C2 Michael C Van Mifligen MCVMfjh Attachment cc Barry Lindahl City Attorney Cindy Steinhauser Assistant City Manager David Harris Housing and community Development Department Director Page 10 remcmr oe DuB MEMORANDUM December 11 2006 To Michael Vn Milligan City Manager From David Harris Housing and Community Development Department Re Status Report 409 Burch Street 409 Burch Street is completed on the front street and north sides Lacking on the front is installation of the entry door and railing system When meeting with John White in October he stated that he had the materials on hand and intended to install them within a couple of weeks To date this has not been accomplished He has finished the new driveway on the south side of the building at Burch Street and has completed some new stone retaining walls This has been the work that has been completed since the last report to Council The rear of the roof remains unshingled with soffit fascia and trim work incomplete in several locations According to John it has been too cold recently to do much more outside so they have been working inside this building more often The work that remains to be done is the southwest comer and side of the home This is because John intends to install awraparound porch at this comer which must be built before the siding is installed Further footings mus be dug and poured for the porch foundation before framing begins Johnsestimate is that the porch wontbe constructed until next spring Accordingly the white Tyvec vapor barrier will remain as the presenting exterior of that side of home for the next four to five months According to a letter submitted by Jahn White on Sept 7 2006 John stated that he would complete the remaining work according to this proposed schedule 1 Final installation of exterior door and last 2 windows would be completed by 9 2506 This has not been completed 2 Final installation of exterior roof trim soffit treatment and copper gutters by 10 022006 This has not been completed 3 Final installation of exterior rails and other porch decorations by October 23 2006 This has not been completed Page 11 4 Final grading of driveway and installation of concrete curb and drive Installation of decorative limestone retaining walls on the south side of the property by November 6 2006 This has been completed The driveway at the north side of the properly has not been harrlrsurfaced Stone retaining wall work has been completed on that side of the house See attached photos of 409 Burch Street Prepared by Kathaleen Lamb Senior Housing Inspector Page 12 Page 13 r I I I I Page 14 Page 15 iL Page 16 THE CITY OF DuB MEMORANDUM November 29 2004 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT Proceedings to Acquire Vacant and Abandoned Property at 409 Burch Street The single family home at 409 Burch owned by John White has been alongtime problem properly Complaints about this house and resulting City enforcement activities date to 1996 Mr White has unsuccessfully attempted since a known date of 1995 to undertake a comprehensive rehabilitation of the structure The house remains vacant uninhabitable and a blighting influence on an otherwise wellmaintained residential neighborhood At the direction of Corporation Counsel a 60iay order to repair was issued by Housing in September 2004 A reinspectionconducted on November 5 determined substantial noncompliance with the order Violations include 1 Roof is not weatheright and does not prevent exposure to rain and deterioration of the structure Areas of the roof remain covered with plastic tarp with no shingles installed 2 Door and window openings are not weathertight and do not provide security against unauthorized entry to the building Openings remain covered with plastic 3 Sheathing is not weathertight and does not prevent exposure to rain and deterioration Substantial areas remain unpainted andor with only sub sheathing not siding installed 4 Construction materials remain stored throughout the exterior of the property providing potential harborage The Legislature in its latest session passed Senate File 2291 An Act relating to local government authority to encourage development and rehabilitation of certain real Page 17 property It provides for a city in which an abandoned building is located to petition the court to enter judgment awarding title to the city Upon filing of the citys petition the owner has 60 days to comply with orders of the local housing official to abate deficiencies Subsequent to that deadline the court will determine whether the owner has made a good faith effort to comply with those orders If the court decides that such effort has not been made and that the property meets the statutory definition of an abandoned property a judgment may be entered awarding title to the property to the city Title will be awarded free of all liens claims and encumbrances Iftitle is awarded to the City of Dubuque as a result of this action the Housing Department would in turn publish a request for proposals for the purpose of soliciting interest in acquiring rehabilitating and reoccupying the property Housing and Community Development Department Director David Harris recommends City Council authorization to petition the District Court to enter judgment awarding title to this property to the City I concur with the recommendation and respectfully request Mayor and City Council approval A J Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Page 18 crnr oP Du E 22 November 04 To Mike Van ilfigen MEMORANDUM City Manager From David Barris Housing and Community Development Department Re Proceedings to acquire vacant and abandoned property at 409 Burch Street Irrtroduction The purpose of this memorandum is to request the City Councilsauthorization to petition the District Court to enter judgment for a vacant and abandoned home located at 409 Burch Street awarding title to the property to the City Background The single family home a 409 Burch owned by John White has been alongtime problem property Complaints about this house and resulting City enforcement activities date to 1996 Mr White has unsuccessfully attempted since a known date of 1995 to undertake a comprehensive rehabilitation of the structure The house remains vacant uninhabitable and a blighting influence on an otherwise wellmaintained residential neighbofiood Enforcement History The building permit record indicates the history of the ownersmaintenance efforts on this property as follows 1 November 1987 relocation of gas fine inspected and approved 2 November 1995 reroof no disposition noted 3 June 2000 electrical permit io rewire home due to fire no inspection 4 June 2000 reroof also due to fire no inspection 5 August 2000 plumbing permit for sewer and water lines inspected and approved 6 September 2000 permit issued for garage and new foundation for proposed addition a December 2000 inspection noted no completion 7 November 2001 unspecified permit no inspection 8 December 2001 reroof no inspection 9 January 2004 reroof no inspection 10 February 2004 permit issued after owner was taken to court after Building Departmentsdetermination that some frerelated repairs had been done without a permit no additional progress noted todate In September 1996 a citation was issued by the Zoning Enforcement Officer for outside storage of construction materials and auto parts Page 19 In April 1999 the Building Department sent a letter to abate noting the noncompleted reroofing illegal storage of construction materials and equipment and a garage in danger of collapse In late2000 Zoning Enforcement issued another citation for outside storage of junk and building materials Housing Department staff assisted with this enforcement The owner successfully challenged this citation and the action was dismissed in court in January 2001 An August 2003 inspection by the Zoning Enforcement Officer noted illegal storage of an unlicensed vehicle and trailer on the property A September reinspection noted compliance with the order A September 20031etter from Kevin and Mary Ellen Muelenkamp owners of 422 Burch Street sent to the Planning Department noted the following The Animal Control officer has made several visits to the site to set traps to catch the many cats and raccoons living in the property fior the past two years Garbage and construction debris from the site being strewn about the neighborhood after stones Use of the site by the owner for storage of construction materials vehicles and equipment used at other job sites n September 2004 a station was again issued by Zoning Enforcement again for storage of a construction trailer on the property The owner was found in violation of the ordinance in October At the direction of Corporation Counsel a 60day order to repair was issued by Housing in September 04 A reinspection conducted on 5 November determined substantial noncompliance with the order Violations indude 1 Roof is not weathertight and does not prevent exposure to rain and deterioration of the structure Areas of the roof remain covered with plastic tarp with no shingles installed 2 Door and window openings are not weathertight and do not provide security against unauthori2ed entry to the building Openings remain covered with plastic 3 Sheathing is not weathertight and does not preven exposure to rain and deterioration Substantial areas remain unpainted andor with only subsheathing not siding installed 4 Construction materials remain stored throughout the exterior of the property providing potential harborage The inspector did note that sometime after 1 November the owner has erected scaffolding and has made some effort at painting exterior areas of the structure 2 Page 20 A November 18 reinspection noted that the owner has covered some window openings with sheets of plywood Mr White states that at this time he is willing to resume renovation activities on the property in the interest of complying with city enforcement actions Discussion The Legislature in its latest session passed Senate File 2291 An Act relating to focal government authority to encourage development and rehabilitation of certain real property It provides for a city in which an abandoned building is located to petition the court to enter judgment awarding title to the city In determining whether the property meets the definition of an abandoned building the court will consider the following factors 1 ff property taxes or special assessments are delinquent 2 if any utilities are currently being provided to the property 3 if the building is unoccupied 4 if the building meets the citys housing code as fit for human habitation 5 if the building is exposed to the elements such that deterioration is occurring 6 if the building is boarded up 7 past efforts to rehabilitate the building 8 presence of vermin accumulation of debris uncut vegetation 9 efforts expended by the petitioning city to maintain the building 10 past and current compliance with orders of the local housing official Upon filing of the citys petition the owner has 60 days to comply with orders of the local housing official to abate deficiencies Subsequent to that deadline the court will determine whether the owner has made a good faith effort to comply with those orders If the court decides that such effort has not been made and that the property meets the statutory definition of an abandoned property a judgment may be entered awarding title to the property to the city Title will be awarded free of all liens claims and encumbrances Iftitle is awarded to the City of Dubuque as a result of this action the Housing Department would in tum publish a request for proposals for the purpose of soliciting interest in acquiring rehabilitating and reoccupying the property Recommendation It is recommended that the City Council approve the request to pursue legal proceedings under the statute to acquire tile Enforcement history indicates that the owner has been provided sufficient opportunity to address the problems at this property and that fie has been unable to sustain a satisfactory effort to do so The property an impressive historic home is located in a neighborhood of well maintained houses 1t presents a blighting influence potentially reducing property values and has caused longsandingconcerns to owners of other homes in the neighborhood 3 Page 21 Action Step The action requested of the City Council is to authorize the Housing and Legal Departments to petition the District Court to enter judgment awarding title to this property to the City cc Barry Lindahl Corporation Counsel Attachments 1 June 24 2004 letter to Housing Department from Kevin Mary Ellen Muehlenkamp neighboring property owners 2 September 10 2003 letter to Planning Department from the Muehlenkamps 3 August 29 2003 memorandum from Housing Department to City Manager 4 August 26 2003 memorandum to Kathy Lamb Senior Housing Inspector from Susan Brennan Zoning Enforcement Officer 5 January 23 2001 judgment from Dubuque District Court 6 April 20 1999 letter to owner from Gerald Stoffel Buiding Inspector 4 Page 22 September 10 2003 Zoning InformationEnforcement City Hall 50 W 13th Street Dubuque IA 52001 RE Property located at 425 Burch Street John White DBQ IA 52001 To Whom It May Concern This letter is in regards to the property located at 425 John White property Burch Street This house has been under construction ever since we moved into our home 422 Burch over four years ago 1999 The construction on this home has gotten worse over the years not better We have so many concern with this propertylhouse here they are Health hazardsthere has been several animals living in this home Animal control has been to our house several times to set traps to catch the many cats that have made this house their home To date animal control has caught 4 cats and there are still more cats living in the home These cats have been roaming the neighborhood for the past two years more cats over time and have been running around the neighborhood like crazy These cats aze starving and sick thus the call to animal control There are also raccoons living in the home Danger to small childrenWe have seen children from time to time playing in the back yard of this home and aze concerned for there safety and welfare There are several pallets stacked up in the yard scaffolding and ladders left set up and junk lying around which might hurt small children Degrading to existing homes azound this property Since this house seems to be an ongoing project with the owner as he only works on it a few weeks out ofthe year and doesntseem to get anything done we truly believe that this will bring the property value down to the other homes next to it The home next to ours has been up for sale for a year now I am sure it is not selling because of the big eyesore of a mess across the street from it Garbage flying around neighborhood The shingles plastic and other stuff fly offthis house every time we have a bad storm We end up having to clean up our neighborhood every time strong winds come up because of all the stuff that flys offthe house Using the house for his construction storage and as a junkyard He brings in his work trucks and trailers which are loud and unloads them and goes to adifferent job site Then at night brings his van back or skid steer loads and goes again Page 23 Using the yard for his construction storage A big eye sore for the entire street In a conversation with Monica Ackley she married us at our home on Burch she asked us about the property We told her what we knew She mentioned that she was the magistrate that oversaw his case in the past case regarding his property at Burch and how she now regrets her decision to give him more time and another chance as she trusted him with his words on how the property would be completed soon This was how many years ago Our question is How can we get the owner of this property to complete his construction of his home The way it looks it will take another ten years for him to corplete this project Someone needs to stop by this home and take a look at how many city codes this property is in violation of Sincerely Kevin Mary Ellen Muehlenkamp 422 Burch Street Dubuque IA 52001 5635840863 cc Health Services Planning Services Animal Control Building Permits and Inspections Housing and Community Development Neighborhood Development Permits Fire Prevention Office City Manager Page 24 September 15 2003 Kevin and Mary Elien Muehlenkamp422BurchSt Dubuque lA 52001 SUBJECT Property at 409 Burch Street Owner John White Dear Mr and Mrs Muehlenkamp It is my understanding that a few weeks ago Mr Muehlenkamp talked to SusanBrennanamenibofourenforcementstaffabouttheenforcementhistoryoftheproperfjrat409BurchStreetincludingexistingconditionsinadditionyoudiscussedthelimitationswithrespecttozoningregulationsAtthetimeyouwerereferredtotheHousingDepartmentandBuildingServicesOfficeforfurtheractionbecausethosedepartmentswereundergoinginspectionsoftheconditionsatthispropertywhichyouwerecoeicemedabout 4gust523usan also looked at Mr Whites property at 409 Burch StreetrevealingazoningviolationItwasfoundthatMrWhitewasunlawfullystoringanunlicensedvanonhisproperlyAnoticewassenttohimrequiringthatheremovetheimproperlystoredvehiclewhichhedidWedidnotobserveanyotherzoningviolationsatthistimeOnSeptember11areinspectionofMrVllhitespropertywasmadefindingnozoningviolationsatthattime if i can be of further assistance please let me know Sincerely aura Carstens Planning Services Manager Page 25 Thursday June 24 2004 David Harris Housing and Community Development Department Director City Hall 50 West 13 Street Dubuque IA 52001 Dear Mr Harris This letter is in regards to the property located at 425 Burch Street John White is the owner ofthis property I am sure you are aware of this property We have contacted the City of DBQ with letters and numerous phone calls regazding this property I am enclosing another article from The Des Moines Register This article is a followup from the previous article we sent you last Nov 2003 We live across the street from this property at 422 Burch Street Mr White has not worked on this property for the past 6 months You had written us a letter last year stating you were checking into why the city is allowing this property to continue to be an eyesore to our neighborhood Is there any way to have this property condemned and have it tom down That seems to be the most logical answer to our problems since Mr White obviously has no intentions on ever completing the renovation of his property dump located on Burch Street and the one he owns on Jackson Street It seems this project has been ongoing fo the pat15 years I know that we have written you several letters about this property but we feel that nothing is being accomplished in getting this issue properly taken care of Can the city please do something about this property Thanks you for your kind consideration at making our neighborhood a nicer place to live in and look at Sincerely Kevin and Mary Ellen Muehlenkamp 422 Burch Street Dubuque IA 52001 5635840863 Cc Michael Van Milligen City ManagersOffice Page 26 DlBC1 1CW MEMORANDM 29 August 03 To Mike V n Milligen City Manager From David rris Housing and Community Development Department Re Burch Street complaint The attached memo and supporting materials from Sue Brennan do a good job of outlining our ongoing problems with John White regarding his property at 409 Burch You had sent me a complaint on this last week and i wanted to provide you a follow up on our enforcement actions i believe however that we should consider some larger issues as Sue mentions in the memo These have to do with the lack of our legal authority regarding monitoring of construction sites The basic problem is that once an owner obtains a building permit it becomes very difficult to enforce a standard for the exterior appearance of the propertylstructure and this can result in an eyesore and accompanying citizen complaints In the great majority of cases the owner is responsible and continues with the project until compietioave utlo period of time hites the rehabheovnstruction work can go on fo ry The question for us is when to enforce The Burch Street property is not an occupied dwelling So is our option to monitor it according to our vacant abandoned VAB enforcement program standards Or is a construction project and thereby exempt from that enforcment When does it become a problem property rather than only a construction project 1 think Sue makes the point well as she recommends that time restrictions be imposed on completion Those standards don exist in any ordinance at this time as i understand it There are a couple of other related issues that we could also consider at this time One concemsfirvdamaged properties It appears that there is a gap in our enforcement programs regard9e uire trbeboa ded and kept sec a fromd is vacated we have the authonty q Page 27 entry Thats the VAB program enforcement But what appears to be missing is a procedure for determinaion of the structural integrity of the building I think we need to require that this Abe oo f it needs to be demon shed safe to allow the building to remain stand ng One other enforcement issue concerns dumping As I am informed by Kathy Lamb we also appear to have a gap in our enforcement procedures regarding this problem We appear to allow dumping for the purpose of filling a lot for the ultimate purpose of building on the lot However we have cases where this dumping is occurring over long periods of time even years and the accompanying eyesore and potential saety hazard is an unfair burden on a residential neighborhood in my opinion In addition no standards apply to the type of fill hazard debris may be part of the fill And again where this is occurring in built up neighborhoods particularly as infill protects involving vacant lots we have very ugly situations and no enforcement authority If you are interested I could suggest that we convene a meeting to discuss these issues cc Laura Carstens Rich Russell Page 28 TIC C77Y OF DuB E NEE MCRATDUM August 26 2003 TO Kahy Lamb Housing Supervisor FROM Susan Brennan Zoning Enforcement Officer SUBJECT 409 Burch Street This memo is in response to a complaint reported to Mike Van Milligan concerning the poor condition of the property at 409 Burch Street The unoccupied house is owned by John Henry White whose fast known address was 1620 Wyngate Drive Apartment 6 Since 1996 this property has presented problems in terms of maintenance A chronological history follows The singlefamily dwelling is situated on a large lot The home has been the subject of a major restoration since 1996 and possibly before Mr White serves as his own contractor for his home improvements The project has been ongoing with work occurring sporadically when Mr White has spare time Based on my knowledge the house has been in some degree of disrepair since 1996 with construction material and debris stored outside the premises including scaffolding and large piles of used lumber Housing Supervisor Kathy Lamb Building Inspector Jerry Stoffel and have all attempted to address problems with this property On September 30 1996 I issued a citation against Mr White for ailure to maintain his yard and for outside storage of construction material and auto parts The defendant appeared in court and admitted the violation Mr White paid a 50 fine and 30 court casts Magistrate Lang issued an order permitting Mr White to keep stacked firewood shingles for his residence and stacked bricks for his chimney At that time the only building permit outstanding was for reroofing equal in value to 975 On April 20 1999 Jerry Stoffel wrote Mr White about several Code violations see letter attached including building materials and debris being stored in the yard of Mr Whitesresidence Page 29 Memo to Kathy Lamb 409 Burch Street Page 2 On February 8 2000 thefiome suffered a fire At the time Mr White was living in the home with his son Captain McMahon said the fire was determined to be accidental and likely caused by an improperly converted furnace from coal to fuel According to Captain McMahon Mr White had insurance which paidout an unknown sum for his loss In June 2000 Mr White obtained a building permit for reroofing the home equal in value to the amount of 1fi00 The reroofing building permit was the only pending building permit in September of 2000 when another complaint was received about the junk and overall condition of this property After unsuccessfully attempting to work with Mr White to get him to clean up his property and secure the proper building permits he was again cited for outside storage of junk and building materials by the Planning Services Department Jerry Stoffel and Kathy Lamb assisted with this endeavor This time Mr White hired an attorney and challenged the Zoning Ordinance he was cited under The Zoning regulations address property uses in broad terms and speak of maintenance of the yard in a general sense and only as being a continuing obligation of the owner of the property The Zoning regulations do not specifically address or prohibit outside storage of junk and other material The exception is the storage of inoperable vehicles Magistrate Monica Athley ruled in favor of Mr White and dismissed our action see order athached The courts ruling was not surprising Our Health Housing and Building Codes plus Nuisance Ordinance also regulate the same activities but in a much more specific manner A positive result of the issuance of the citation was that Mr White immediately obtained a building permit to build a garage and 12 x 15 foundation for a future twostory addition About three weeks ago Building Inspector Dennis Hackbarth contacted me about the conditions at this property and was going was to review whether Mr White had applied for all the necessary permits for his ongoing restoration project I recently inspected the premises for any zoning violations and found Mr White was unlawfully storing an unlicensed vehicle and a trailer on his property A notice will be sent to him requiring that he remove the improperly stored vehicles l did not observe any other zoning violations at this time Based on my experience the court has been somewhat reluctant to order therernoval of construction material or even construction debris when a construction project is underway The Building Department might want to review the current restrictions with Page 30 Memo to Kathy Lamb 409 Burch Street Page 3 respect to storage of building materials for possibly amendments to the Code in the future Under City Code 1160d concerning Demolition of Buildings ail pieces parts scraps debris rubbish and organic material from file buildingshai be cleaned daily unless otherwise specified on the permit To minimize the current problems produced at construction sites in terms of debris and storage of materials it is also recommended hat time restrictions be imposed on completion of construction projects For example under Section 1160c Ail buildings relocated or moved must be made ready for occupancy within 120 days from the time the building permit is issued No such requirement currently exists for any other construction The only requirement is that the building or the job begin within so many days from the time the building permit is issued If I can be of further assistance please let me know SBlmkr Attachments cc Laura Carstens Planning Services Manager Rich Russell Building Services Manager Page 31 c IN THE IOW A DISTRICT COURT IN AND FOR DUBUQUE COUNTY IlLED 1 JAN 23 8 1iCITYOFDIZBU4LF1sFD1SiCQURT DUBUQUE C 0 I D WA CICV044063 vs JUDGMENT is iNRY WHITF Defendants This case came before the court for trial on December 14 2000 The Defendant had previously denied the allegation that he had violated City Ordinances Z72and 3i4The ordinances require continuing maintenance of the yard The Defendantshouse suffered afire that resulted in heavy damage He undertook the task of refurbishing the home but it was taking quite a bit of time Tn the early fall of 2000 the outside of the home had debris alf over the place including scaffolding lumber fasteners tools household appliances and other various contents of the home The Defendant received anotice that he needed to clean up the area When he failed to do so to the satisfaction of the City a citation was issued The Defendant explained that the project was tedio a sameylocation or in the same quantity were seen in the yazd were building matenals and were not on a regular basis The household appliances werestored underneath plastic covers and other attempts were made to cover the building matena3s so that they would not be an eye sore The City asserted that the building materials were being stored on the land far use at other construction sites being worked on by the Defendant Additionally any accessory use of the property did not include continuous storage of any materials The ordinances cited herein are fairly vague as to what is a permissible accessory use and what is not The ordinances do not sped out what regular maintenance is required in order to be in compliance with the directives The project appears to be a very large undertaltg and it does shave signs of constant flux The burden is on the City in this matter to prove the violations and that burden has not been met here The action is hereby DISMISSED DONE AMID ORDERED THIS DAY 0 2001 3 ry iN MAGIS E Page 32 Building Safety Department 50 West 3th Street Dubuque Iowa 52001464 319 5894150 John Henry White 409 Burch St Dubuque IA 52001 April 20 1999 Re Dwelling Detached garage at 409 Burch St Dear Property Owners TFECCIY OF DuB I have recently inspected the above mentioned property and observed the following conditions which I believe to be a violation of the Dubuque Building Code 1 You were issued a building permit 33795 on 112895 which has expired The shingles have been partially removed from the house and the weather protection has not been maintained An approved method of providing weather protection shall be installed 2 The guardrail has been removed from the front porch An approved guardrail shall be installed 3 The detached garage has been allowed to deteriorate to a point where I believe that it poses a hazard to the general public Roof sheathing has been removed the ridge line is sagged the walls areracked and out of plumb This structure appears to be in danger of collapsing 4 Scaffolding and building materials and debris are being stored in the side and rear yard of this residential property UBC Sec 104 d requires that all buildings and structures both existing and new and all parts thereof shall be maintained in a safe and sanitary condition The owner or his designated agent shall be responsible for the maintenance of buildings and structures You or your designated agent shall contact me by phone at 5899156 or in person at the Building Services bepartment of the City of Dubuque at City Hall 50 West 13th St within five 5 working day of receiving this letter between the hours of B AM and S PM to establish methods materials and a time table for the abatement of these safety hazards Respectfully Gerald P Stoffel Building Inspector cc Rich Russell Building Official City of Dubuque Sue Brennan Zoning Enforcement Officer City of Dubuque Y Service People Integrity Responsibility Innovation TeamworkPage 33 y 409 Buroh St OJ J Homer Y CCjsotstMetaLCo Reroof SFFrame Dwe11gBP 1185 Lt7G2 750 00 0John White COwner to reroof SF sd 6P33795 112895 97500 W COwner OJohn White to reroof3fresBP4182610001600 00 OJehnWFat G9wrar erect ZZ x32 bsmt level garage wcappei ro of 12x15 nn for future acTd SF BP42392 9292000 1440000 i Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 THE CITY OF DUB E MEMORANDUM June 15 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street John White Property In December 2004 as directed by the City Council a Petition was filed in the Iowa District Court for Dubuque County Iowa requesting the Court to determine that the property at 409 Burch Street owned by John White is an abandoned building and requesting that the Court enter judgment awarding title to the property to the City free and clear of ail claims liens or encumbrances pursuant to a statute adopted by the Iowa General Assembly in 2004 In response to the Petition Mr White has asserted that the statute is unconstitutional because it authorizes a taking of his property without just compensation Resolution of that issue by the courts could take a considerable period of time Housing and Community Development Department Director David Harris and Corporation Counsel Barry Lindahl are recommending that the property at 409 Burch Street be declared a public nuisance and the City begin steps to acquire the property The single family home at 409 Burch owned by John White has been alongtime problem property Complaints about this house and resulting City enforcement activities date to 1996 Mr White has unsuccessfully attempted since a known date of 1995 to undertake a comprehensive rehabilitation of the structure The house remains vacant uninhabitable and a blighting influence on an otherwise wellmaintained residential neighborhood The City has a current appraisal of the property at 21000 The property would be marketed for rehabilitation and if that was unsuccessful demolition would be considered and then the vacant lot marketed Page 43 BARRY A LINDAHL ES CORPORATION COUNSE CITY OF DUBUQUE MEMO To Michael C Van Milligen City Manager DATE June 14 2005 RE 409 Burch Street John White Property Mike In December 2004 as directed by the City Council we filed a Petition in the Iowa District Court for Dubuque County Iowa requesting the Court to determine that the property at 409 Burch Street owned by John White is an abandoned building and requesting that the Court enter judgment awarding title to the property to the City free and clear of all claims liens or encumbrances pursuant to a statute adopted by the Iowa General Assembly in 2004 In response to the Petition Mr White has asserted that the statute is unconstitutional because it authorizes a taking of his property without just compensation Resolution of that issue by the courts could take a considerable period of time As an alternative to proceeding under the statute that allows the court to grant title to the property to the City the City could institute eminent domain proceedings to acquire the property by paying the owner just compensation Iowa Code 36412A specifically authorizes such a procedure and provides that a city may condemn a residential building found to be a public nuisance and take title to the property for the public purpose of disposing of the property under section 3647 by conveying the property to a private individual for rehabilitation or for demolition and construction of housing Attached is a Memorandum dated November 22 2004 from Housing Department Manager David Harris tb you which provides some background information on the property and the basis for a declaration that the property is a public nuisance Also enclosed are Orders from the Housing Department to correct various housing code violations to the property the most recent being from November 5 2004 The violations have not been corrected SUITE 330 HARBOR VIEW PLACE 300 MAIN STREET DUBUQUE IA 520016944 TELEPHONE 563 5834113 FAX 563 5831040 EMAIL balesq@cityofdubuqueorg Page 44 Finally I have requested an appraisal of the property by Kane Appraisals and Real Estate Inc A copy of the appraisal is enclosed According to the appraisal the fair market value of the property is 2100000 I recommend that this information together with the enclosed Resolution declaring the property to be a public nuisance and establishing the fair market value of the property at 2100000 for purposes of negotiating a purchase of the property be submitted to the City Council for consideration Enclosure cc Cindy Steinhauser Assistant City Manager David Harris Housing Community Development Director Joseph J Bitter Esq Page 45 RESOLUTION NO 29oos ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 409 BURCH STREET DUBUQUE IOWA OWNED BY JOHN WHITE WHEREAS John White Owner is the owner of the real property at 409 Burch Street legally described as follows the Property Lot 4 in Geo B BurchsSubdivision in the City of Dubuque Iowa according to the recorded plat thereof and WHEREAS the City Council finds that the Property constitutes a public nuisance and WHEREAS the City of Dubuque City intends to acquire the Property for the purpose of abating the public nuisance as authorized by Iowa Code 36412A 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 2100000 and WHEREAS the City Council now desires to establish the fair market value of the Property NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA AS FOLLOWS 1 The Property at 409 Burch Street is hereby declared to be a public nuisance 2 The fair market value of the Property is hereby established to be 2100000 Page 46 3 The City Manager and the Corporation Counsel are hereby authorized to commence negotiations with Owner of the Property and any other interested parties for the purchase of the Properly for a purchase price which is not less than the fair market value established by this Resolution Passed approved and adopted this 20 day of June 2005 Terrance M Duggan Mayor Attest eanne F Schneider CMC City Clerk Page 47 TFIL QLY OF 22 November 04 To Mike V illigen MEMORANDUM City Manager From David s Housing and Community Development Department Re Proceedings to acquire vacant and abandoned property at 409 Burch Street Introduction The purpose of this memorandum is to request the City Councilsauthorization to petition the District Court to enter judgment for a vacant and abandoned home located at 409 Burch Street awarding title to the property to the City Background The single family home at 409 Burch owned by John White has been atongtime problem property Complaints about this house and resulting City enforcement activities date to 1996 Mr White has unsuccessfully attempted since a known date of 1995 to undertake a comprehensive rehabilitation of the structure The house remains vacant uninhabitable and a blighting influence on an otherwise wellmaintained residential neighborhood Enforcement History The building permit record indicates the history of the ownersmaintenance efforts on this property as follows 1 November 1987 relocation of gas line inspected and approved 2 November 1995 reroof no disposition noted 3 June 2000 electrical permit to rewire home due to fire no inspection 4 June 2000 reroof also due to fire no inspection 5 August 2000 plumbing permit for sewer and water lines inspected and approved 6 September 2000 permit issued for garage and new foundation for proposed addition a December 2000 inspection noted no completion 7 November 2001 unspecified permit no inspection 8 December 2001 reroof no inspection 9 January 2004 reroof no inspection 10 February 2004 permit issued after owner was taken to court after Building Departmentsdetermination that some firerelated repairs had been done without a permit no additional progress noted todate In September 1996 a citation was issued by the Zoning Enforcement Officer for outside storage of construction materials and auto parts Page 48 In April 1999 the Building Department sent a letter to abate noting the noncompleted reroofing illegal storage of construction materials and equipment and a garage in danger of collapse n late2000 Zoning Enforcement issued another citation for outside storage of junk and building materials Housing Department staff assisted with this enforcement The owner successfully challenged this citation and the actionwas dismissed in court in January 2001 An August 2003 inspection by the Zoning Enforcement Officer noted illegal storage of an unlicensed vehiGe and trailer on the property A September reinspection noted compliance with the order A September 20031etter from Kevin and Mary Ellen Muelenkamp owners of 422 Burch Street sent to the Planning Department noted the following The Animal Control officer has made several visits to the site to set traps to catch the many cats and raccoons living in the property for the past two years Garbage and construction debris from the site being strewn about the rieightiorhood after stones Use of the site by the owner for storage of construction materials vehicles and equipment used at other job sites In September 2004 a citation was again issued byZoning Enforcement again for storage of a construction trailer on the property The owner was found in violation of the ordinance in October At the direction of Corporation Counsel a 60iay order to repair was issued by Housing in Sepember04 A reinspection conducted on S November determined substantial noncompliancewith the order Violations include 1 Roof is not weathertight and does not prevent exposure to rain and deterioration of the structure Areas of the roof remain covered with plastic tarp with no shingles installed 2 Door and window openings are not weathertight and do not provide security against unauthorized enry to the building Openings remain covered with plastic 3 Sheathing is not weathertight and does not prevent exposure to rain and deterioration Substantial areas remain unpainted andor with only subsheathing not siding installed 4 Construction materials remain stored throughout the exterior of the property providing potential harborage The inspector did note that sometime after 1 November the owner has erected scaffolding and has made some effort at painting exterior areas of the structure 2 Page 49 A November 18 reinspection noted that the owner has covered some window openings with sheets of plywood Mr White states that at this time he is willing to resume renovation activities on the property in the interest of complying with city enforcement actions Discussion The Legislature in its latest session passed Senate File 2291 An Act relating to local government authority to encourage development and rehabilitation of certain real property It provides for a aty in which an abandoned burldrng is located to petition the court to enter judgment awarding title to the city In determining whether the properly meets the definition of an abandoned building the court will consider the following factors 1 If property taxes or special assessments are delinquent 2 if any utilities are currerrtly being provided to the property 3 if the building is unoccupied 4 if the building meets the atys housing code as fit for human habitation 5 if the building is exposed to the elements such that deterioration is occurring 6 rf the building is boarded up 7 past efforts to rehabilitate the building 8 presence of vermin accumulation of debris uncut vegetaion 9 efforts expended by the petitioning city to maintain the building 10 past and current compliance with orders of the local housing official Upon filing of the citys petition the owner has 60 days to comply with orders of the local housing official o abate defiaencies Subsequent to that deadline the court will determine whether the owner has made a good faith effort to comply with those orders If the court decides that such effort has not been made and that the property meets the statutory definition of an abandoned property a judgment may be entered awarding title to the property to the city True will be awarded free of all liens claims and encumbrances if title is awarded to the City of Dubuque as a result of this action the Housing Department would in tum publish a request for proposals for the purpose of soliciting interest in acquiring rehabilitating and reoccupying the property Recommendation It is recommended that the City Council approve the request to pursue legal proceedings under the statute to acquire title Enforcement history indicates that the owner has been provided sufficient opportunity to address the problems at this property and that he has been unable to sustain a satisfactory effort to do so The property an impressive historic home is located in a neighborhood of well maintained houses It presents a blighting influence potentially reducing property values and has caused longstanding concerns to owners of other homes in the neighborhood 3 Page 50 Action Step The action requested of the City Council is to authorize the Housing and Legal Departments to petition the District Court to enter judgment awarding title to this property to the City cc Barry Lindahl Corporation Counsel Attachments 1 June 24 2004 letter to Housing Department from Kevin Mary Ellen Muehlenkamp neighboring property owners 2 September 10 20031etter to Planning Department from the Muehlenkamps 3 August 29 2003 memorandum from Housing Department to City Manager 4 August 26 2003 memorandum to Kathy Lamb Senior Housing Inspector from Susan Brennan Zoning Enforcement Officer 5 January 23 2001 judgment from Dubuque District Court 6 April 20 1999 letter to owner from Gerald Stoffel Building Inspector 4 Page 51 September 10 200 Zoning InformationEnforcement City Hall PLAN 50 W 13 Street Dubuque IA 52001 RE Property located at 425 Burch Street John White DBQ IA 52401 To Whom It May Concern This letter is in regards to the property located at 425 John White property Burch Street This house has been under construction ever since we moved into our home 422 Burch over four years ago 1999 The construction on this home has gotten worse over the years not better We have so many concern with this propertyhouse here they aze Health hazardsthere has been several animals living in this home Animal control has been to our house several times to set traps to catch the many cats that have made this house their home To date animal control has caught 4 cats and there are still more cats living in the home These cats have been roaming the neighborhood for the past two years more cats overtime and have been nnnng around the neighborhood like crazy These cats are starving and sick thus the call to animal control There are also raccoons living in the home Danger to small childrenWe have seen children from time to time playing in the back yazd of this home and are concerned for there safety and welfare There aze several pallets stacked up in the yazd scaffolding and ladders left set up and junk lying around which might hurt small children Degrading to existing homes azound this property Since this house seems to be an ongoing project with the owner as he only works on it a few weeks out ofthe year and doesntseem to get anything done we truly believe that this will bring the property value down to the other homes next to it The home next to ours has been up for sale for a year now I am sure it is not selling because of the big eyesore ofa mess across the street from it Garbage flying around neighborhood The shingles plastic and other stuff fly offthis house every time we have a bad storm We end up having to clean up our neighborhood every time strong winds come up because of all the stuff that flys offthe house Using the house for his construction storage and as ajunkyard He brings in his work trucks and trailers which are loud and unloads them and goes to a different job site Then at night brings his van back or skid steer loads and goes again Page 52 Using the yard for his construction storage A big eye sore for the entire street In a conversation with Monica Ackley she married us at our home on Burch she asked us about the property We told her what we knew She mentioned that she was the magistrate that oversaw his case in the past case regarding his property at Burch and how she now regrets her decision to give him more time and another chance as she trusted him with his words on how the property would be completed soon This was how many yeazs ago Our question is How can we get the owner ofthis property to complete his construction of his home The way it looks it will take another ten yeazs for him to complete this project Someone needs to stop by this home and take a look at how many city codes this property is in violation of Sincerely eKevinMaryEllenuehlnkamp 422 Burch Street Dubuque IA 52001 5635840863 cc Health Services Planning Services Animal Control Building Permits and Inspections Housing and Community Development Neighborhood Development Permits Fire Prevention Office City Manager Page 53 September 15 2003 Kevin and Mary Eilen Muehtenkamp 422 Burch St Dubuque IA 52001 SUBJECT Property at 409 Burch Street Owner John White lr Dear Mr and Mfrs Muehtenkamp It is my understanding that a few weeks ago Mr Muehtenkamp talked to Susan Brennan a memis vfour enforcement staff about the enforcement history of the properEy at 409 BurchStreet induding existing conditions In addition you discussed the limitations with respect to zoning regulations At the time you were referred to the Housing Department and Building Services Office for further action because those departments were undergoing inspections of the conditions at this property which you were cocered about cbgust 25 20 3 usan also ooked at Mr Whitesproperty at 409 Burch Street revealing a zoning violation It was found that Mr White was unlawfully storing an unlicensed van on his property A notice was sent to him requiring that he remove the improperly stared vehicle which he did We did not observe any other zoning violations at this time On September 11 a reinspectionof MrWhites property was made finding no zoning violations at that time If I can be of further assistance please let me know Siacerefyi Lapca Carstens Planning Services Manager Page 54 Thursday June 24 2004 David Harris Housing and Community Development Department Director City Hall 50 West 13 Street Dubuque lA 52001 Dear Mr Harris This letter is in regards to the property located at 425 Burch Street John White is the owner of this property I am sure you are aware of this property We have contacted the City ofDBQ with letters and numerous phone calls regazding this property I am enclosing another article from The Des Moines Register This article is a followup from the previous article we sent you last Nov 2003 We live across the street from this property at 422 Burch Street Mr White has not worked on this property for the past 6 months You had written us a letter last yeaz stating you were checking into why the city is allowing this property to continue to be an eyesore to our neighborhood Is there any way to have this property condemned and have it torn down That seems to be the most logical answer to our problems since Mr White obviously has no intentions on ever completing the renovation ofhis property dump located on Burch Street and the one he owns on Jackson Street It seems this project has been ongoing for the past 15 years I know that we have written you several letters about this property but we feel that nothing is being accomplished in getting this issue properly taken care of Can the city please do something about this property Thanks you for your kind consideration at making our neighborhood a nicer place to live in and look at Sincerely Kevin and Mary Ellen Muehlenkamp 422 Burch Street Dubuque IA 52001 5635840863 Cc Michael Van Milligen City ManagersOffice Page 55 L Oi 1V9 OYY MEMOR4NDUM 29 August 03 To Mike V n Milligen City Manager From David rris Housing and Community Development Department Re Burch Street complaint The attached memo and supporting materials from Sue Brennan do a good job of outlining our ongoing problems with John White regarding his property at 409 Burch You had sent me a complaint on this last week and I wanted to provide you a followupon our enforcement actions l believe however that we should consider some larger issues as Sue mentions in the memo These have to do with the lack of our legal authority regarding monitoring of construction sites The basic problem is that once an owner obtains a building permit it becomes very difficult to enforce a standard for the exterior appearance of the propertystructure and this can result in an eyesore and accompanying citizen complaints to the great majority of cases the owner is responsible and continues with the project until completion But for cases like Mr Whites the rehabinrconstruction work can go on for a very long period of time The question for us is when to enforce The Burch Street property is not ar occupied dwelling So is our option to monitor it according to our vacant abandoned VAB enforcement program standards Or is a construction project and thereby exempt from that enforcement When does it become a problem property rather than only a construction project I think Sue makes the point well as she recommends that time restricfions be imposed on completion Those standards dontexist in any ordinance at this time as I understand it There are a couple of other related issues that we could also consider at this time One concemsflredamaged propefies It appears that there is a gap in our enforcement programs regarding these properties When a home bums and is vacated we have the authority to require it be boarded and kept secure from Page 56 entry Thats the tIAB program ertforcrnent But what appears to be missing is a procedure for determination of the structural integrijrof the building Think we need to require that this be done in order to determine if it safe to allow the building to remain standing or if it needs to 6e demolished One other enforcement issue concerns dumping As am informed by Kathy Lamb we also appear to have a gap in our enforcement procedures regarding this problem We appear to allow dumping for the purpose of filling a lot for the ultimate purpose of building on the lot However we have cases where this dumping is occurring over Long periods of lime even years and the accompanying eyesore and potential safety hazard is an unfair burden on a residential neighborhood in my opinion In addition no standards apply to the type of fill hazard debris may be part of the fill And again where this is occurring in buiGt up neighbofioods particularly as infill projects involving Vacant lots we have very ugly situations and no enforcement authority If you are interested I could suggest that we conveneameeting to discuss these issues cc Laura Carstens Rich Russell Page 57 T3EQSY OF DAB E VIEMORITUM August 26 2003 TO Kathy Lamb Housing Supervisor FROM Susan Brennan Zoning Enforcement Officer SUBJECT 409 Burch Street This memo is in response to a complaint reported to Mike Van Milligen concerning the poor condition of the property at 409 Burch Street The unoccupied house is owned by John Henry White whose last known address was 1620 Wyngate Drive Apartment 6 Since 1996 this property has presented problems in terms of maintenance A chronological history follows The singlefamily dwelling is situated on a large lot The home has been the subject of a majorrestoration since 1996 and possibly before Mr White serves as his own contractor for his home improvements The project has been ongoing with work occurring sporadically when Mr White has spare time Based on my knowledge the house has been in some degree of disrepair since 1996 with construction material and debris stored outside the premises including scaffolding and large piles of used lumber Housing Supervisor Kathy Lamb Building Inspector Jeny Stoffel and 1 have all attempted to address problems with this property On September 30 1956 i issued a citation against Mr White for failure to maintain his yard and for outside storage of construction material and auto parts The defendant appeared in court and admitted the violation Mr White paid a 50 fine and X30 court costs Magistrate Lang issued an order permitting Mr White to keep stacked firewood shingles for his residence and stacked bricks for his chimney At that time the only building permit outstanding was for reroofingequal in value to 975 On April 20 1999 Jerry Stoffe wrote Mr White about several Code violations see letter attached including building materials and debris being stored in the yard of Mr Whitesresidence Page 58 Memo to Kathy Lamb 409 Burch Street Page 2 On February 8 2000 thefiome suffered a fire At the time Mr White was living in the home with his son Captain McMahon said the fire was determined to be accidental and likely caused by an improperly converted furnace from coal to fuel According to Captain McMahon Mr White had insurance which paidout an unknown sum for his loss In June 2000 Mr White obtained a building pemit for reroofingthe home equal in value to the amount of 1600 The reroofingbuilding permit was the only pending building permit in September of 2000 when another complaint was received about the junk and overall condition of this property After unsuccessfully attempting to work with Mr White to get him to clean up his property and secure the proper building permits he was again cited for outside storageofjunkandbuildingmaterialsbythePlanningServicesDepartment Jerry Stolle and Kathy Lamb assisted with this endeavor This timeF Mr White hired an attorney and challenged the Zoning Ordinance he was cited under The Zoning regulations address property uses in broad terms and speak of maintenance of the yard in a general sense and only as being a continuing obligationoftheownerofthepropertyTheZoningregulationsdonotspecificallyaddressor prohibit outside storage of junk and other material The exception is the storage of inoperable vehicles Magistrate Monica Athley ruled in favor of Mr White and dismissed our acion seeorderattachedThecourtsrulingwasnotsurprisingOurHealthHousingand Building Codes plus Nuisance Ordinance also regulate the same activities but in a much more specific manner A positive result of the issuance of the citation was that Mr White immediately obtained a building permit to build a garage and 12 x 15 foundation for a future twostoryaddition About three weeks ago Building Inspector Dennis Nackbarth contacted me about theconditionsatthispropertyandwasgoingwastoreviewwhetherMrWhitehadappliedforallthenecessarypermitsforhisongoingrestorationproject i recently inspected the premises for any zoning violations and found Mr White was unlawfully storing an unlicensed vehicle and a trailer on his property A notice will besenttohimrequiringthatheremovetheimproperlystoredvehicles1didnotobserve any other zoning violations at this time Based on my experience the court has been somewhat reluctant to order the removaofconstructionmaterialor even construction debris when a construction project isunderwayTheBuildingDepartmentmightwanttoreviewthecurrentrestrictionswith Page 59 Memo to Kathy Lamb 409 Burch Street Page 3 respect to storage of building materials for possibly amendments to the Code in the future Under City Code 1160d concerning Demolition of Buildings all pieces parts scraps debris rubbish and organic material from the building shall be cleaned daily unless otherwise specified on the pennit To minimize the current problems produced at construction sites in terms of debris and storage of maerials it is also recommended that time restrictions be imposed on completion of construcfion projects For example under Section 1160c All buildings relocated or moved must be made ready for occupancy within 120 days from the time the building permit is issued No such requirement currently exists for any other construction The only requirement is that the building or the job begin withinso many days from the time the building permit is issued If 1 can be of further assistance please let me know SBlmkr Attachments cc Laura Carstens Planning Services Manager Rich Russell Building Services Manager Page 60 4 IN THE IO JVA DISTRICT COURT IN AND FOR DUBUQUE COUNTY r 1LFD CITY of DUBUO 31 JAN 23 P 8 1 f P1sFD1ST COURTDUBUQUEC0O1NQ CICV 044463vs JUDGMENT JQHN HENRY VSHITE Defendants This case came before the court for trial on December I4 2000 The Defendant had previously denied the allegation that he had violated City Ordinances 272and 314 The ordinances require continuing maintenance ofthe yard The Defendants house suffered a fire that resulted in heavy damage He undertook the task of refurbishing the home but it was talang quite a bit oftime In the early fall of 2000 the outside of the home had debris all over the place including scaffolding lumber fasteners tools household appliances and other various contents of the home The Defendant receivedanoticethat he needed to clean up the area When he failed to do so to the satisfaction ofthe City acitation was issued The Defendant explainedthat the project was tedious and ongoing Sorne ofthe items that Klere seen in the Yazd tivere building materials and were not in the same location or in the same quantity on a regular basis The household appliances were stored underneath plastic covers and other attempts were made to cover the building matenas so that they would not be an eye sore The City asserted fatthe bcu7ding materials were being stored on the land for use at other construction sites being worked on by the Defendant Additionally any accessory use of the property did not inciudecontinuous storage of arty materials The ordinances cited herein are fairly vague as to what is a permissible accessory use aad what is not The ordinances do not speIl out what regulaz maintenance is required in order to be in compliance with the directives The project appears to be a very large undertaking and it does show signs of constant flux The burden is on the City in this matter to prove the violations and that burden has not been met here The action is hereby DISMISSED DONE AND ORDERED TTIIS DAY O 200E MAGIS Page 61 Building Safety Department 5Q West 13th Street Dubuque Iowa 51A014864 319 5894150 John Henry White 409 Burch St Dubuque IA 52001 April 20 1999 HE CTTY OF SUB Re Dwelling Detached garage at 409 Burch St Dear Property Owners I have recently inspected the above mentioned property and observed the following conditions which I believe to be a violation of the Dubuque Building Code r 1 You were issued a building permit X33795 on 112895 which has expired The shingles have been partially removed from the house and the weather protection has not been maintained Pn approved method of providing weather protection shall be installed 2 The guardrail has been removed from the front porch An approved guardrail Shall be installed 3 The detached garage has been allowed to deteriorate to a point where I believe that it poses a hazard to the general public Roof sheathing has been removed the ridge line is sagged the walls are sacked and out of plumb This structure appears to be in danger of collapsing 4 Scaffolding and building materials and debris are being stored in he side and rear yard of this residential property UBC Sec 104 d requires that all buildings and structures both existing andnew and all parts thereof shall be maintained in a safe and sanitary condition The owner or his designated agent shall be responsible for the maintenance of buildings and structures You or your designated agent shall contact me by phone at 5894156 or in person at the BuildingServices Department of the City of Dubuque at City Hall SO West 13th St within five 5 working day of receiving this letter between the hours of 8 AM and 5 PM to establish methods materials and a timetable for the abatement of these safety hazards Respectfullylrlt Gerald P Stoffel Building Inspector cc Rich Russell Building Official City of Dubuque Sue Brennan Zoning Enforcement Officer City of Dubuque Y 5ervic People Integrity Responsibility Innovation Teamwork Page 62 40 Burgh S QJ J R iseheet Me 1 Co Reroof 5FFrame bwellgBP 1185 1x762 7p00 0John White COwner to reroof SF sd 6P33795 112895 97500 0John White COwnertorerooFtomesBfl48226a52D901600OD OJeknWfit C9wnr erect 22x32 bsmt level ncTnforfutu F garagewcapped roof 12x15 re a S BP42392 9292000 1440000 Page 63 HCD Housing and Community Developaens Department General Houattg Program 1805Central Avenue Dubuque Lows 520013656 563 5B94i1pirae 563 589424 fax 090104 JOHN HENRYWAITE 3 6 0 BIIRCH DUBUQUB IA 52001 RE 409 HURCH 8T VAH409 1 UNITiTITS DEAR HOUSING PROVIDER TlQTY OrFRLV1 d A housing inspection was performed at 409 BURGH ST ox1 090104 as required by our housing ordinance The legal description of the property inspected is as follors LOT 4 BURGHS SDH The inspectors findings are noted on the attached list The report identifies the necessary repairs and locates them by the room or area of the dwelling where they exist A reinspectioa is scheduled for 091004 at 0100 If this date or time is inconvenient or you seed more time to make repairs please cal1 Bobbi at 5894231 to arrange for another time If you have questions about your inspection please contact Kathy Lamb Senior Housing Inspector or me at 5594231 I am normally in the office until 845 am from 00 pin watil 1 c 30 pm anal after 4 00 pmdailyamnotexpectingthatallviolationstobecorrectedat this time xowever I aan expecting to see effort toward compliance Icaagrant addtional time to make repairs as long as effort is shown Please note prior to beginning nay work you should check with the Building Department 5894150 and the Historic Freservation Commission 5894213 to determine if a permit is squired If youwishtoappealthisnoticetotheHousingCodeAppealsHoardan Appeal Form is enclosed with this inspection report Ttiarlac you for w rking with us in providang quality housi3lg F iivusing Services Department cc file 2 0400655 OTHER Service People InEagtirp Rnposlhalty Umwstloa 7eaaacdc Page 64 EACiITK TO BS REPAIRED WILL B8 LISTED BY ITS LOCATIQN CODS SSCTtON A11m PROBIM DSSCIPrION ALSO TSOSB REPAIR ITBMS LISTED WITS AN ICATBD THAT TSIS ITSD APPEARS 7O BB TSB RSSPQNSIoOF TSS TIliITPTO REPAIR 409 BDRCH ST AC1iTIDN OF VIOLATION COD SIQABPECSDREPAIRS BLDG BXTSRIOIZ 2610 g 3 b S8R COlNT SECTION AT T EIS OF TEE REPORT EXTERIOR 26 10 g 3 a SSE COIlSNT SECTION AT TSB SrID OF TA REPORT BLDG XTSRIOR 2 610 d 2 SE8 CObHsNT SSCTION AT TIiB 8DID OF T88 REPORT BLDG TX1RIOR 26 10 j 3 b SEB CONIIJSNT SECTION AT TH 8ND OF T REPORT BLDG SRTSRIOR 26 3 b 1 h SS8 COMMENP SECTION AT T SND OF TS8 REPORT BLDG ROOF 26iQg3Ja sES COMMENT SECTION AT TSS END OF TSB REPORT CO1ESSNPS 409 HQRCH STRST WHEN VtTS OWNER PRRMITS A BUILDING TO DTSRIORAT OR BECOME DILAPIDATED OR BLIGST TO TE EXTENT THAT TS8 E7CTffitIOR OF T BUILDIG DOS NOT COMPLY WIT SECTION 2610 OF HOUSING CQDE TSB HOIISING OFFICER SHALL ISSUSWRI1TBiQ NOTIC DIRCTING T88 OWNER OF SUCS BUILDINGS TO RgN1f9Y SUCS DHFBCTS 1 SVEI2Y TOR WALL AND ROOF MAST HE SDBSTANTIALLY WFATHERTIGT WATERTIGHT RODENT PROOF AND MAINTAINED IN GOOD RPAIR ROOF ISCOVEWITPLASTICANDSIDSWALLSAREOPRNBUILDINGMAST8S MAINTAINED WBATSER AND WATER TIGHT ALL BUILDING OPS1TINGS MUST BSPROPERLYSALSDEIIILDINGWALLSAROPTISISWASORDEREDREPAIRED WITHIN 30 DAYS OR SY OCTOBER 1 2004 AS OF THIS DAIS 110504 TH8 BUILDING OPENINGS HAVE NOT BSffiT PROPffi2LY RPLACED SSAISD ANDOR MAINLAIN7WATERPROOF 2 THB ROOF ALSO WAS TO BB RgPAIRD8Y OCT088R 1 2004 A FTN3T COMPLIANCE DATE OF Y OCTOBER 29 2004 pPAS GIVEN ROOF r7AS NOT SSET PROPERLY REPAIRS AND IS STILL COVERED WITS PLASTIC 3 EVERY ffiCTERIOR DOOR AND WINDOW MUST BS WSATRTIGHT AND WATERTIGHT RODENT PROOF AND IPTIN GOOD REPAIRS ALL BUILDING OPSN2NG MUST 88 PROPERLY SEALD SUCiAS GARAGES WINDOWS AMID DOORS WITS SOLID MATERIAL WINDOW GLAS6 AND DOORS MUST BE PROPERLY PAZNrD ANDOR STAINED AND PROPERLY INSTALLhD IN PLACE NOTE WINDOws AMID Page 65 WATERTIGHT RODENT PROOF A1ID KEPT IN GOOD 1SPAIRS ALL SUILDING OPBTING MOST BS PROPERLY SBALD SUCH AS GARAGF WINDOtd9 AND DOORS WINDOW GLASS AND DOORS MIIST BS PROPERLY PAINTBD ANDOR STAINiD Ai1ID PROPERLY INSTALLED IN PLACE NOTE WINDOWS AND DOORS VISIBLE FROM T88 STR88T SIDS MAY NOTSBCOVBRLD WITH PLYWOOD OR OTHER MAILRrnT ON THS STREh SIDE WINDOW AND DOOR OPffidINGS MAY BE COVSItSD TF COVERING MATERIAL IS CDT TO FIT THE OPTING AND PROT8C3D KITH PASIPT OR CtICALPRBSSRVATION ISIS MUST BE COMPLIEDTOBY OCTOHBR1 2Q04 5 TH SIT AND N8IGH80RHOODMUST NOTAeCVMULATB ANY MATSRiAL IN SUCK A MAAIlIBR TEAT TSSY MAY PROVID FTARBORAGS FOR RODNTS LIMINATS THS STORAGE OF CONSTRT7CTION MATBRTA ON REStDENTrn r YARDSPAC COMPLY 8Y gPTO 2004 6 SVRY DOOR AND iiINDOWASSSSSIBTBFROM OUTSID THS TJNIT MUST H LOCKABL ALVDMAINTAINED 9LCQRS AGAINST UNAUTHORIZED ENTRY COMPLY HY SBPT 10 200 7 RTMOVS ALL BANGING TARPS A1TD PLASTIC INKSDIATELY COMPLY HY SPT X0 2004 FAILgR TQ COMPLY SHALL RSSTJLT IN THE TrITY FIRING A PRIFATS CON1ZtACTOR ZO MAKE TH NCSSARYRRPAIRS AMID TSS COSTS WILL H ASSSSSD AGAINST T PROPERTY IN TS SAM MANNER TgAT PROPERTY TAXES ASSESSED RXTSNSYON OF TIMFy MAY BL GRANTED WITS GOOD CAITS BUT CAN NOT H8 GANTSD HBYOI SIXTY60 DAYS FROM sSPT 1 2004 OR BY NOVBNRI 2004 Page 66 H6sCD c tevelopsnenc t 1605 Centsl Avee Dubuqua 5200i656 56F ORDER5635@91214fax 100804 JOHN HENRY WHITE 36o BvRCH DUBUQUB IA 52001 LVD E t FOR IMh1EDIATE REPAIR s RE 4 0 9 HURGE ST VAB409 1 UNITUNITS DEAR OIISING PROVIDER A housing inspection was performed at 100104 as required by our housing deecriptivn of the property inspected LOT 4 HIIRCSS SUB 409 SDRCH ST on ordinance The legal is as follows t The inspectore findings are noted on the attached list The report identifies the necessary repairs and locates theta by the room or area of the dwelling where they exi8t TSB REPAIRS ARE OF A SERIOUS NATURB WAICIi RLQU7RSS IIIATE ATTENTION A LIST OFLSSB SSRIOIIS NBED REPAIRS WILL FOLLOW AT A LATER TIME WE REQUIRE Tl3ATTBSSS REPAIRS B MADE INA4DIATSLY A reinspection is scheduled for 102904 at 1030 If this date or time is inconvenient or you need more time to make repairs please call Bobbi at 5894231 to arrange for another tune If youhavequestionsaboutyourinspectionpleasecontactKathyLambSenicrHousingInspectororttteat5894231Iamnormallyinthe office until 8 45 am frotn lQOpm until 130 Pm and after 400pmdailyIamnoteexpectingthatallvfo3atioastobecoirectedat t2iis tittle However I atn expecting to see effort toward ComplianceIcangrantadditionaltimetomakerepairsaslongaseffortis shoran Please note pxior to beginning nay work you should check with the Building Department 5894150 and the Historic Preservation Commieeion 5894213 to determine if a permit is required If youwishtoappealthisnoticetotheHousingCodeAppealsBoardanAppealFormisenclosedwiththisiaspectiaareport Thank you for working with us is providing quality housing ItA EN F Housing Services Department i 1 cc file 2 0400655 Seeice People 1ide Rapantaitr iinofloe Teamwork Page 67 FACg IilTO SS BSPAIRID iTILL BS LIT8D HY ITS IACATIOTCODS SECTION A1 PROHL DBSCRTPTION ALSO THIOS REPAIR ITEMS LISTID NIA A IDIC11Si3 T4TTIS ITEM APPEARS TO B TBB RSSPONSIHILITY OF TID3 TENANT TQ REPAIR Y 409 SDRCH ST 0400655 LOCATION dF yIOLATIQN CADS SSClION REPAIRS BLDG gXTRIOR BLDG HXTSRIOR BLDG EXTERIOR 2510 d 2 BLDG BKTBRIOR BLDG BXTSRIOR BLDG ROOF SBE CONIl03NT SECTION AT THE ffivD OF TBB REPORT SSB COIIlTT SECTION 1I BrID OF THS REPORT SS8 tOMMHNTBgCTION AT TEB 8ND OF THE REPORT SBS COPIlKSNT SECTION AT Tim BrID OF T REPORT SSB CONIIrlSNT SECTION AT TES SND OF TFR REPORT 26ZOg3a SR COMMENTS8CT20N AT THB BrID OF THSRSPORT EOHIINTS 409 HURC STREET WBiTEVER T8 0 PgRMITS A BUILDING TO DSTRIORATS OR 88CON18 DILAPIDATED OR SLIGSTgb TO TSS EXTkNT THAT THEIDCTSRIOR OF T8 BUILD21G DO NCT COMPLY ialTS SECTION 2610 OF QITING CODE TSB HOUSING OFFICER SIiALL ISSUE QPRITrBN NOTICE DIRECTING TSE OiPNSR OF SUCS SIIILUINGS TO RgMBDY SIICS DHFRCTS 1 LVfiRY BLTERIOR WALL AND ROOF MUST BS SQBSTANTIALLY WSATAZRTICT WATSRTICST RODNP PROOF APID MAINTAINED IN GOOD KEPAIR ROOF IS COVERED WYTS PLASTIC AND SIDE9ALLS ARB OPBN SUILUING MUST BB MAINTAINED WEATHER AND WATER TIGSIALL BUILDING OPNINSMUST B PROPERLY SSALSD BUILDING PALLS AR OPT THIS WAS ORDFdREl RBPAIRTD WITHIN 30 DAYS OR SY OCZOBER1 2004 A FINAL COMPLIANCE DAT 0 OCTOBER 29 2004 MAST B8 MST 2 THg ROOF ALSO WAS TO Hg RPAIRSDBY OC3OBffit 1 2004 A FIIOfL COMPLIANCE DATE OF HY OCT088R 29 2004 IS GIVEN AT THIS TII 3 EVERY EXTERIOR DOOR AND WIlID09 MUST 88 WSATHgRTIGHT AMID WATERTIGHT RODENT PROOF AND KEPT IN GOOD REPAIRS ALL BUILDING OPENING MUST BE PROPERLY SEALID SUCH AS GARAGS WINDOiPS AND DOOAS WITH SOLID MATERIAL WINDOW GLASS AMID DOORS MUST BB PROPERLY PAINTED ANDOR STAINED AND PROPERLY INSTALLID IN PLACE NOTSs WINDOWS AND DOORS VISIBLE FROM THS STREET SIDE MAY NOT HS COVERED WITH PLYWOOD OR OTBER MATERIAL ON THS STREET SIDE WINDOW AND HOOK OPENINGS MAY a8 Page 68 COVgRSD IF COVERING MATERIAL IS CUT TO FIT THFS OPSNING AND PROTCTryD WITH RAINS QR CHEMICAL PRESERYATZON THIS WAS TO S COMPLIED TO BY 1CTOBSR 1 2004 A FINAL CO1LIANCEDATE OF OCTOBER 29 2004 IS GRANIp 4 T SITE AIID NEIGHBORHOOD MiJBT NOT ACCUMDLATE ANY MATERIAL IN SUCH A THAT TTU3Y MAY PROyI HARBORAGE FOR RODENTS SZIMINATB TFIB STOk2AG8 OF CONSTRDCTIQN iKATERnT ON RBSTDiAL YARDSPAC COILIANCE BY BPT 10 20 p4 WAS ORDSRBD A FrNAI COMPLIANC DATE OF OCTOBER 29 2004 IS GIVEN 5 EVERY DOOR AND iiINDOid ASSESSIBLB FROM ODTSID TSS IINIT MAST BE LOCRABLY3 AND MAINTAINSD SCORg AGAINST DI4UTSORIZBD ENTRY COMPLIANCE BY SEPT 10 2004 SPAS ORDERED A FINAL COMPLAINCB DATE OF OCTOBER 29 2004 I3 GRANTED 6 RffiKOVE ALL HANGING TARPS ACID PLASTIC IMNlSi1ZATELY COMPLIANCE WAS ORDffitSD BY SEPT 10 2004 A 3IrTAL COMPLIANCE ATB OF OCTOBER 29 2004 IS ORDERED FAILURE TO CAMPIY SHALL RESULT TN TSE CITY HIRING A PRIVETS C0111TRACOR TO llT NSCSSARY REPAIRS AIQD TSS COSTS HILL BB ASSSSED AGAINST T88 PROPERTY IN THS SAD3 MANNER TART PROPERTY TARES ARE ASSSSSSD BRTSNSION OF TIl MAY HS GRANTED WITH GOOD CAUSE BDT CAN NOT BE GRANTED BEYOND SIItTY60 DAYS FROM SPT i 2004 OR BYNOVSR 1 2004 Page 69 HCD General Fiouaalg Pro 18Q5 Central Avenue Dubuque Sown 5200156 1070 ORDER5695asi2tlax 5 ueorg JOHN HENRY WHITE 3 60 HIIRCH DIIBIIQUB IA 52001 FOR IMMEDIATE REPAIR rtr7op1JVB i RS 409 BURCB ST VA409 1 UNITQr7ITS DEAR HOUSINU PROVIDER A housing inspection was performed at 409 BUitCH ST on 110504 as required by our hdusing ordinance The legal description of the property inspected is as follows LOT 4 BURCSS SUB The inspectors findings are noted on the attached list The report identifies the necessary repaireand locates them by the room or area of the dwelling where they exist TSSS REPAIRS ARE OF A SERIOUS NATURE WHIGS RIIIRBS IrIIIBDIAT ATZ81PION A LIST QF LSS SERIOUS NEEDED RSPAIRSTRILL FOLLOW 3T A LATI3R TI1 WE REQIIIRF THAT TFi8S8 REPAIRS 88 MAD INIIHDIATSLY A reiaspection is Scheduled for 120104 at 0130 If this date or time ie inconveaiemt or you need more time to make repairspieaeecallBobbiat5894231toaxrangeforanothertirosIfyou have questions about yourinspection please contact Kathy Lamb Senior Housing Inspector or tae at 5894231 I am normally in the office until 8 45 am from 10o ptn wntil 130pm and after 4 00 pat daily I am aot expecting that all violations to be corrected at tliis tine However I am expecting to see effort toward complianceIcangrantadditionaltimetomakerepairsaslongaseffortis shown Please note prior to beginning any work you should check with the Building Department 5894150 and the Historic PreservatioaCvmmiaeion15894213todetermineifapermitisrequired if youwishtoappealthisnoticetotheHousingCodeAppealsBoardan Appeal Form is enclosed vrith this inspection report Thank you for working with ue in providing quality housingl EffiT F LAi Housing Services Department cc file 2 0400655 Service iDP h X17 haavation TeAOnwazk Page 70 SACS ITBITO SB RPAIRBD WILL BB LISTED BY ITS LOCATION COD SECTION AlID PRCIBL DgSCEtIPTION ALSO TSOSB SPAIR ITEMS LISTED TdfITH AN INDZCATLl TEAT THIS ITBrt APPARS TO SB 288 RSSPONSIHILITY OF TH6 TBrTANrTO REPAIR 409 BIDRCS ST 0400655 LOCATION OF VIOLATION CQD3 SBCPION gCTEO REPAIRS LDG EXTERIOR 2610 g 3b SEB COHIlNPSECTION AT THS E1ID OF THS RFsPORT EXTERIOR 2610 g 3 a SFS COI9KENT SECTION AT TSB END OF TSR REPORT HLDC BRTSRIOR 2610 id 2 SSS CONIlQSNT STsCTION AT TOTE ND OF TFiE REPORT HLDG X1SRIOR 2 6 10 j 3 b SES C0 SECTION AT T88 FiiD OF THB REPORT BLDG EXTERIOR 263 b 1h SI3 COMMENT SECTION AT TAB SND OF TS8 REPORT BLDG ROOF 2610g3a S88 COMMENT SECTION AT THS OF TBB REPORT YARD 261012 SSS COMMENT SECTION AT TSE END OF T88 REPORT COIISNTS 40 9 BURGH STRLBT WHEDT BVSR TH8 OWNER PRMITS A BUILDING TO DSTSRIORATB OR HECOMS DILAIDATBD OR HLIGATSD TO THS XTSNPTATTS EXTERIOR OF T88 BUILDING DOLE NOT COMPLY WITH SBCTTONZ510 OP THS SODSING CODS TH HOUSING OFFICER SHALL ISSUE WRITTEN NOTICE DIRECTING THE OWNER OF SUC BUILDINGS TO RFsMEDY 3UC DEFECTS 1 MAINTAIN TSS YARD SPACE IN PROPRORDBR HY REGULARLY CDTTING ALL ACCUMULATED WSRDS AND OVBRGROT9tHTHROUG80UT THB PROPRTY THIS MtTST B COMPLIED TO 9oITIiIN TN DAYS OR BY SEPT 10TH 2004 BY 100 PM 2 YBRY 73XTSRxOR WALL AND ROOF MUST BE SUBSTANTIALLY WEATARTIGHTWATERTIGHTRODENTPROOFANDMAINTAINEDINGOODRSPAIRROOFIS COVERED WITH PLASTIC AND SIDSWALLS ARS OPIIT BUILDING MUST BF MAINTAINED WEATHER AND WATBit TIGHT ALL BUILDING OPEiTING MUST B8 PROPERLY SEALRD BUILDING WALLS ARE OPEIiT THIS MIIST BS REPATRFdD WITHIN 30 DAYS OR SY OCTOBER 1 2004 3 TSS ROOF ALSO MUST HB REPAIRED BY OCTOBER 1 2004 COMPLY BY OCTOBER 1 2004 4 EVERY CTSRIOR DOOR AND WINDOW MUST HE WEATFiERTIGFIT AND Page 71 DOORS VYSIBL FROM T STREET SIDE MAY NOT BE COVSRLD WITH PLYWOOD OROTHSMARZAION3fi8STREETSIDEWINDOWIDDOOROPENINGSMAYBBvBRTrccrrToFiTTopBxzxvnpxoTBCrsDWITSPAIIITORCsN1ICAIRSSSRVATiONTTSPASTBBCOMPLTSIBYOCTOBBit12004AFINALCOMPYTANCSDATEOFOC1OBSR292004ATAS GRANTED NO cOMPLAINC AT TSIB TIME 4 NHS SITE AND NBIGHBQRHOOD MLTT NOT ACCt7MIILATS ANY arnr SUCH A MA1IIR TEAT TBBY MAY PROVZDS HARBORAGE ROB RODBNT I3LTMIISATSSTORAGEOFCONSTRiCIIONMATERIALONRESIDENTIALYARDSPACSCOMPLIiNCBBYSEPT102004WAS08DRAFIIiiTCONPLYANCDATEOFOCTOBER 29 2004 WAS GIVN Np CQMPLIANCS AS ON NOV 5 2004 5 VSRY DOOR AND PIINpOW ASSSSSIBLB FROM OUTSIDS TBB UNIT MDSC BSLOCKABLANDrrrntSggAGAIlSTONA13TORIZSQ8NTliXCOMPLIANCEHYSSPT02004WASORDgRSDAFZNALC0LAINCBDATSOFOCTOBER292D04WASGRnTBDNOCOMPLIANCASOFTIiISpATg11020046RMOVEALLffi4NGINGTARPSANDPLASTICiDIATSLYCLIANCRWASORDRDYSSPTY0 2 0 0 4 A FINAL COMPLIPTCS DATE OF OCIOBSR 9 20 04WA3oRDSRSDPROPIRTYOWNERF1ASAIT0COMPLYASDIRSISD PROPERTY IS BING TUITSD Oyu TO CITYS LEGAL COUNCIL FOR FJRTRLGALACTIONMISS3T1GiPIIIDOWSANDDOORHAVENOTBESTINStnrrTrn TB BIIILDING OPSZiTINGS PAINTING OF SUIDL1Nt3 EXTERIOR xIdCLDDING DOORSATIiIDOWSTRIMSIDINGSTCgASNOT81DONS SINCE YOU AV8 FAILED TO COMPLY THE CITY WILL STATLEGfiiL ACTION TOASSURECOMPLIANCS SXTffi1TSION OF TiM MAY B GRANTED WITH GOOD CAUS BUT CAN NOT BSGRANRBDBSYDISIXTY60DAYSFROMSEPT12004ORBYNOVEMBER 12004ASOFNOVEIIDSR52004COMPLIANCHASNOTOCCURRED Page 72 rccroF r eanaralHoslno flUSINCCOJAppS BOeBD rr 99A eyICE52oA13658 Q9195894 Ytei adthteEowm ae1epaldyaanot agawtita apocrfic I W2ta five wcclg d cssultWitl lu andgned tspocct o if a masllq agbIactnseaoctiv onddcr 3 Wtmsortap414 ttetldaeNotxe Afld Char s i F0tHaasB 09VNERIAITADRPSS HLIUDIriGIAlIDINVOLY81 ORACTiON P3tOTSTSD AsIIIDWFiY Il7SPEGTQR SSA 58I SSMR GII RfiH Office Uee Qply CODE VIOLATION Page 73 JOHN WHITE PROPERTY 409 BURCH STREET DUBUQUE IOWA 52001 Page 74 Kane Appraisal Real Estate Inc 14858 West Ridge Lane Suite 8 Dubuque Iowa 52003 Ph 5635562068 Fax 5635578107 LIMITED SUMMARY APPRAISAL REPORT Subject Property John White Property 409 Burch Street Dubuque Iowa 52001 Date of Valuation April 14 2005 Legal Lot 4 Burchs Sub all in City of Dubuque Iowa Parcel Number 1025177024 Client 8 Intended User Mr Bany A Lindahl Esq City of Dubuque Iowa 300 Main Street Suite 330 Harbor View Place Dubuque Iowa 52001 Purpose The purpose of the Limited Summary Appraisal Report is to estimate a Present Market Value of the Fee Simple Interest of the subject properly Definition Market Value is defined by The Appraisal Foundation in its Uniform Standards of Professional Appraisal Practice as the most probablepricewhichapropertyshouldbringinacompetitiveandopenmarketunderall conditions requisite to a fair sale the buyer and seller each acting prudentlyknowledgeablyandassumingthepriceisnotaffectedbyunduestimulus Implicit in this definition is consummation of a sale as of a specific date and passing title from seller to buyer under conditions whereby Buyer and seller are typically motivated Both parties are well informed or well advised and each acting in what he considers his own bestinterest A reasonable time is allowed for exposure in the open market Payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto and The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale Page 75 2 SALIENT FACTS SUMMARY Property Type Property Location Owner Date of Inspection Date of Valuation Date or Report Property Rights Appraised Residential 409 Burch Street Dubuque Iowa 52001 John H White April 14 2005 Exterior Inspection April 14 2005 April 25 2005 Fee Simple Interest Site Data 7800SFor 18 acres more or less Access and Visibility AverageAverage Improvement Data 2 story frame house consisting of 1085SFon main floor 1045SFon 2d for a total of 2130SFabovegrade with afullunfinished basement Zoning R3 Moderate Density MultiFamily Residential District Legal Description Lot 4 Burchs Sub all in City of Dubuque Iowa Market Values Land Value As Though Vacant 21000 Land Value As Though Improved 11000 Cost Approach Not AnalyzedSalesComparisonApproach21000 income Approach Not Analyzed Page 76 Date of Appraisal Mark P Tressel inspected the exterior of subject propertyformallyonApril142005 Sale History According to the Dubuque City Assessor the subject property has not transfened in the past five years Parcel Number 1025177024 Personal Properly No personal property is included in market value All stone and building materials located on subject property are considered personal property and not included Function of Appraisal The function of the appraisal is to establish the Market Value of the subject property and improvements for acquisition purposes Appraisal Process The subject property consists of one rectangular parcel consisting of a total of approximately 7800SFor 18 acres and is improved with a 2story frame house which has sustained significant fire damage to interior Subject analysis was based on exterior inspection and considering subject house as a shell building The Appraisal Process involves three approaches to value Cost ApproachSalesComparisonApproachandIncomeApproachTheCostApproachwas not considered due to fire damage and unavailability of inspecting interior of subjecthouseLandvalueAsThoughVacantwasestimatedinlieuofCostApproachTheSalesComparison Approach was analyzed comparing similar improvedpropertiesdirectlytosubjectpropertyTheIncomeApproachwasnotconsidered due to the subject property currently being uninhabitable due to condition Limitiing Conditions All value estimates herein are subject to the subjectpropertybeingsurveyedandplatted according to the legal descriptionaforementioned AI value estimates herein are subject o exterior walls foundation and roof beingstructurallysound Hazardous Materials The value estimate is based upon the assumption that there are no hazardous materials on site We are no qualified to discern the presence or absence of such materials asbestos lead base paint undergroundtanksetcbutareawarethattheycanhaveasignificanteffectuponthevalueof the property No responsibility is assumed for any such conditions or for anyexpertiseorengineeringknowledgerequiredtodiscoverthemTheclientis urged to retain an environmental specialist for an assessment with regard to the potential or existence of any environmental contamination of any kind Page 77 4 American With Disabilities Act The Americans with Disabilities Act ADA became effective January 26 1992 We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA A detailed survey could reveal that the property is not in compliance with one or more of the requirements of the ADA which could have a negative effect upon its value Appraisal Analysis The subject property is located on east side of Dubuque Iowa in a residential neighborhood near Mercy Hospital The Cost Approach was no analyzed due to fire damage and unavailability of interior inspection Land value As Though Vacant was analyzed in lieu of Cost Approach The Sales Comparison Approach was analyzed comparing similar improved properties directly to subject property The Income Approach was not analyzed due to uninhabitable status in presentcondition Purpose and Date of Valuation The purpose of the Complete SummaryAppraisalReportistoestimatetheMarketValueoftheFeeSimpleInterest as represented to me of the subject property as of April 14 2005 Neighborhood Description Subject neighborhood is located atop the bluffs on east side of Dubuque Iowa Subject neighborhood boundaries are considered Summit Street to the east W 3 Street to the south and Hill Street to the west and north Subject neighborhood is predominately residential with a nursinghomeMercyHospitalandmedicalofficesadjacenttothesouthSubjectneighborhoodisconsideredto be in a stabilization stage with minimal vacancies and properties typically average to well maintained Site Description Subject property consists of one rectangular shaped comer parcel The subject property has average visibilityaccess Subject has 60 of frontage on Burch Street with curb cut for ingress and egress Subject propertyconsistsof7800SFor18acresmoreorlessSubjectpropertytopographyis sloping south side to north side providing walkout at grade access on north side There are no apparent adverse easement or encroachments Subject property is considered 100 developable Subject drainage appears adequate to lot lines Page 78 Description of Improvements Subject property is improved with a 2story house on a stone foundation consisting of 2130SFabove grade Subject house has 133SF open front porch and 2car concrete attachedunder garage on the rear north side at walkout level Subject house was built in 1886 Exterior Subject house is a 2story Victorian frame house with gabled roof Subject house was damaged by fire several years ago and appears to be in a stagnant period of repair The roof has partial asphalt shingle partial felt paper over wood and partial plastic tarp The house sides are wood partially pained with remainder wrapped in Tyvek insulation or bare wood sidewalls There are many double hung windows of which 40 are boarded up The front porch entry is damaged and wrapped in a tarp The stone foundation appears to be in average condition There are no gutters or downspouts There is a concrete sidewalk in front and along south side of house and a gravel drive along north side ofhouse There is a significant amount of stone on subject property along with some building materials Interior No inspection of interior Subject house has not been inhabited in several years and utilities appear to have been disconnected Subject improvements appear to be in fair condition for a rehabilitation project Subject building appears secure from the weather Page 79 6 HIGHEST AND BEST USE Highest and Best Use As Though Vacant The subject property is zoned R3 Moderate Density MultiFamily Residential District and development as single family residential property is considered one of the Highest and Best Uses As Though Vacant Highest and Best Use As Though Improved Subject building has an 23 footprint and use as a single family residence prior to fire was considered one the highest and best uses and conformed to the trend of the neighborhood Flood Zone Subject property is located on east side of Dubuque Iowa in a Zone X Flood Zone which is a no hazard flood area See Map 19518000068 Dated 961989 in the Addenda of report Assessment and Taxes Subject property was last assessed in 2004 as follows Land 16300 Buildings 20100 Total 36400 Subject property taxes for 20032004 are 34800 Page 80 Cost Approach Methodology In the Cost Approach an indication of value of the property is derived by adding the depreciated cost of the improvements to the value of the site as if vacant and available for its Highest and Best Use The value of land has been analyzing similar parcels of land sold in the subject area and adjusting for characteristics The value is then added to the replacement cost of the subject building The replacement cost estimates are from Marshall Valuation Service a national cost service as well as local construction data After the development of a replacement cost new figure allowances were made for all forms of depreciation Once the depreciated value of the improvements is shown the contributing value of the site improvements along with the contributing value of the underlying land is then added in order to arrive at a final indication of value by the Cost Approach Value Analysis Subject building was built in 1886 and prior to fire several years ago operated as single family residential home No inspection of house was conducted No condition of house interior could be gathered and house is currently uninhabitable Therefore the Cost Approach was not analyzed due to physical depreciation functional obsolescence and external obsolescence Subject land value As Though Vacant was analyzed in lieu of the Cost Approach Subject neighborhood is considered 100 built up Therefore our scope for vacant land safes was expanded to include similar zoned areas A vacant land comparable sales grid is shown on following page Page 81 8 VACANT LAND COMPARABLE GRID NAME SALE SALE SIZE ZONING 70POGRAPHY SF ADDRESS DATE PRICE SF SUBJECT 4Nhite NA NA 7800SF R3 Sloping NA 409 Burch Street Dubuque Iowa 1 Lund Realty 7103 14000 6767SF R3 Sloping 207 280 Cardiff Dubuque Iowa 2 Herbst 060104 13500 6099SF R2A Sloping 221 Arlington Street Dubuque Iowa 3 Stapleton iN604 35000 10084SF R1 Slightly Sloping 347 Ramona Street Dubuque Iowa 4Arensdorf 101504 17000 5500SF R2 Slightly Sloping 309 914 Cleveland Dubuque Iowa 5 Dress 315105 17000 73001SF R1 Sloping 233 541 Groveland Place Dubuque Iowa Page 82 Notes To Comparable Grid Comparable Sale 1 Lot is a severely sloping comer lot at Cardiff and W 3 Street purchased for development of 2story duplex Comparable Sale 2 Consists of 2 contiguous lots located mid block in historical district on Arlington Subject lots are sloping sharply Comparable Sale 3 Lot is private at end of Ramona with a shared driveway and slightly sloping topography Comparable Saie 4 Lo is rectangular with slightly sloping topography and purchased for development Comparable Sale 5 Lot is rectangular shape near comer of Burden and Groveland Place with sloping topography Page 83 io LAND VALUE AS THOUGH VACANT ANALYSIS SUMMARY Subject property was compared directly to five comparable land sales and adjusted for topography zoning size shape and location After adjustments we estimate subject property value As Though Vacant to be 21000 and calculated as follows 7800SFx 270SF 21060 Say 21000 TWENTY ONE THOUSAND DOLLARS LAND VALUE AS THOUGH VACANT LAND VALUE AS IS ANALYSIS Subject property is currently improved with a 2story fire damaged house consisting of 2130SFabove grade with a stone foundation From the land value As Though Vacant we have subtracted estimate for removal of improvements and grading Therefore we estimate land value As Is as follows Land Value As Though Vacant 21000 Razing and Removal of Improvements 10000 Land Value As Is 11000 Say 11000 ELEVEN THOUSAND DOLLARS LAND VALUE AS IS Page 84 ii SALES COMPARISON APPROACH Methodology The Sales Comparison Approach or Market Approach is based upon a comparison of the prices that are paid for similar competitive properties in the market representing bona fide arms length transactions This approach works best in an active market where these prices serve as good indicators of the most probable selling price of the subject property as of the valuation date Subject property is located in a stabilized neighborhood with predominately residential properties and few vacancies and considered to be a desirable location Subject house was asinglefamily residence until the fire several years ago The Sales Comparison Approach was analyzed comparing the subject fire damaged house to similar improved residential properties that were purchased for renovation purposes Three comparable sales were located and analyzed for comparison purposes The three residential improved comparable sales are shown on a comparison grid on the following page After adjustments we estimate subject property As Improved to have a present market value of 21000 as of April 14 2005 21000 TWENTY ONE THOUSAND DOLLARS SALES COMPARISON APPROACH TO VALUE Page 85 12 IMPROVED COMPARABLE SALE GRID t C2 3 Kass DBQ Properties Healey 2107 Jackson 691 N Booth 2255 Washington Dubuque IA Dubuque IA Dubuque IA Sale Price 26000 27500 34000 Sale Date 32404 629104 21804 Year Built 1900 1840 1870 Lot Size 27 x 85 50 x 125 27 x 100 House Type 2 Story Frame 2 Story Frame 2 Story Brick Basement FullUnfinished FullUnfinished FullUnfinished Garage None 2CarDetached None DeckPatio NoneNone NonelPatio Enc PorchNone Notes To Comparable Grid Subject improved propery was compared directly to three comparable sales and adjusted for location lot size house type size and exterior condition The three comparable sales al were purchased as rental income property and had all utilities in working order at time of purchase Therefore a significant downward adjustment was made for functional purposes No adjustment for room count or interior condition as subject house interior was not inspected Page 86 13 INCOME APPROACH TO VALUE Methodology The Income Approach to value presumes that no prudent buyer will pay more for the subject than the capitalized income value of the property net present value based upon the buyers analysis of the income and expense history as it should relate to the future potential benefits of ownership The buyer will only be willing to pay the present value of what they perceive the benefits to be A market rent capitalization technique will be analyzed The Income Approach was considered but not analyzed due to fire damage and all utilities shut off pending repairs to damaged areas Therefore the Income Approach was not analyzed and given no weight Page 87 14 Final Reconciliation Land Value As Though Vacant 21000 Land Value As Though Improved 11000 Cost Approach to Market Value Not Analyzed Sales Comparison Approach to Market Value 21000 Income Approach to Market Value Not Analyzed Cost Approach Subject house has suffered significant fire damage and has been vacant for several years Therefore there is significant physical depreciation and functional and external obsolescence and not analyzed Land Value As Though Vacant and As Improved were analyzed and reconciled for market value Sales Comparison Approach Three Comparable Sales of similar type improved residential properties purchased for renovation were compared directly to subject property The Sales Comparison Approach was given all the weight in the final analysis Income Approach The subject property is currently vacant pending repairs for fire damage All utilities are currently shut down pending repairs Therefore the Income Approach was not analyzed Therefore as a result of the analysis we feel the subject has a Market Value as of April 14 2005 as follows 21 000 TWENTY ONE THOUSAND DOLLARS Page 88 15 CERTIFICATION We certify that to the best of our knowledge and belief The statements of fact contained in this report are true and conect The report analyses opinions and conclusions are limited only by the reported assumptions and limiting conditions and are our personal unbiased professional analyses opinions and conclusions We have no present or prospective interest in the property that is the subject of this report and we have no personal interest or bias with respect to the parties involved Our compensation is not contingent on an action or event resulting from the analyses opinions or conclusions in or the use of this report This appraisal conforms to the Uniform Standards of Professional Appraisal Practice USPAP adopted by the Appraisal Standards Board of The Appraisal Foundation except that the Departure Provision of the USPAP does not apply Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client the amount of the value estimate the attainment of a stipulated result or the occurrence of a subsequent event This appraisal assignment was not based on a requested minimum valuation a specific valuation or the approval of a loan The property that is the subject of this report was inspected by Mark P Tressel Our analyses opinions and conclusions were developed and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice and in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the AppraisalInstitute As of the date of this report Thomas P Kane Certified General Appraiser has completed the requirements of the continuing education program of the State of Iowa TlrtSmas P Kar1e Marc P T essel Iowa Certified General Real Estate Appraiser Commercial Real Estate AppraiserCertificateNoCG01594 Page 89 16 ADDENDA Page 90 PHOTOS OF SUBJECT PROPERTY subiect street Burch subiect property Page 91 Sub ect Property Page 92 OTOS OF SUBJECT PROPERTY r r I1 I I J I i J IIir P subiect Property 0 subiect Property Page 93 ut3Y105 TUE 1635 FAX 3195880103 BITTER LAW BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE IOWA 520016940 Joseph J Bitter Thomas A Bitter Also icensed in Inois CWant parking n rear Office of the City Manager Duhuque City lull SO W 13 Street Dubuque Iowa 52001 The Honorable Terry ltrggan Members f the City C ouncil 08ice 583588608 Fax 56358Ot03 June 21 2005 RF 49Burch Street Jolu White Properly 002 Resxfence Joe 5635621768 Tort 563sezasas Mr While and l toured the property on fuesday lone I 2005 1 know that this prctp2rty Kati been the subject of onloin disctsions with the Ciry and that the City fathers have made t strong arument to the effect that the restoration of this property hate taken far longer than it should Mr White gave me a tour ofthe house He has done guile a bit oC work to the house Naturally much rtorework is necessary Y examined the work that he did and being fimiliar with the construction business I can see that what he has done is done cxtretncly well artd far above Code requirements He has a detailed plan which is extremely wet thought otrt arzd should result in a beautiful residence tie has purchased all the windows for the house they are sittirt inside the house and they are tctp quality windows He tells me tltat he has all the kitchen cabinets purchased and paid for He tells me that he has purchased sidin he has paid for the sidinE atd taken delivery I undersltrrd that tltere are questions about the constitutionality of the pending litisation and tbat the Cily has decided to pureue nuisance remedy against Mr White 1Ie tells me that starting Friday June 24 2005 he intends to be working on the house gvLry sirsle day all dxy with two helpers l le tells me that he will not tike on any other work unlit he has the hiruse conrplelzly finished He tells tnC that he intends to start by installing the windovs and purtin the siding on tha house This will be a major step in the right direction The City cart rnakc a point that even if Mr White has had the hest intentions in the past they have not cornL to fiuition I have visitzd with him from time to time and each tints 1 have encouraged him ro rttovc ahead with due speed to get this job finished He tells me that he has had Page 94 yJ uvo some health problems which arc now over and that he intends io devote his wdividedattention to the completion of the house I dont think ayunc lislutes tle quality of his work only the progress that he makes aver a long period of time This is the stestionthat 1 make to the Ciry of Dubuque We know that the City is not interested itaking ove Mr Whites property The actions to declare his liouea nuisance are deemed to be a last gasp effort to get soetling accomplisled lily suggestion is that if tle City will proceed slowly with tle nuisaaeeprocedlue the City might see signifcart and rapid change in the property If Mr White truly intends to have three people working on the house filitime commencing Friday Jame 24 2005 by tle end of one week tie City shotld be able to sea significant progress Phis might be an incentive for the ity authoiitics to hold otIanotherweek At the end of the second week the City might see significant progress again TieCiry could delay for another week hoping that each week will show rapid progress toward copletion of this project MGaciwilo the Citys repesentatives are wclcorne to come on the property and inspect it at any time wiLltoul obtaining prior permission Etltry to t1c inside ofthe rzsidence will be somewhat difficult because the doors are kept locked iowever during the day when Mr White is working there he wiI show the Citys agents the property s Ihey can sea what is happening Mr White has absolutely promised me that lewill follow tlrotih I have encouraged this and Iwill continue to encourage it I would request that the Ciry delay any further action for about a week and if Nlr White has made signif cant progreSS the City could delay action for another week MrWhite can be reached by ay ofthe Citys agents dtring tle day without the necessity of contacting our office in advance His horse phonz number is 5831586 IIc teiis me that he can be reached on his cell phone bdlwlen 7OUamand 1 U00 ptt5800957 Thak you for your consideation JJiilap ce Barry Lindahl Corporaion Counsel 583040 Cindy SteitlauserAssistant City Manager Si91a9 David Harris Housing and ComrTuniry Development epartment Director 5894344 Jerelyn OConnor NeilborhoodDevelopsetDirector 5894149 City Manager 5894149 Page 95 Preparers Barry A Lindaht Esq Address Suite 330 300 Main Street Dubuque IA 52001 Telephone X56315834113 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 BurchsSubdivision in the City of Dubuque Iowa according to the recorded plat thereo and WHEREAS the City Council has found that the Property constitutes a public nuisance and WHEREAS the City of Dubuque City intends to acquire the Property for the purpose of abating the public nuisance as authorized by Iowa Code 36412A 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 2100000 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 Page 96 Passed approved and adopted this day of July 2005 Terrance M Duggan Mayor Attest Jeanne F Schneider City Clerk Page 97 Tracev Stecklein From Tracey Stecklein tsteckle@cityofdubuqueorg Sent Monday Jufy 11 2005 921AM To SCHNEIDER JEANNE jschneid@cityofdubuqueorg Cc BARRY LINDAHL Subject FW John White Authorizing ResotutionAuthorizi ondemnationdoc ngAcquisiti Jeanne I am forwarding Barrys original email including the White resolution he prepared Authorizing Condemnation just to refresh your memory Ivealso attached the revised resolution Resolution Authorizing Acquisition in which I made some formatting changes and inserted Barrys info at the top and is the version that youll want to use for the agenda Illbring a hard copy up today Call me if you have any questions Hope you had a nice day off Original Message From Barry Lindahl mailtobalesq@cityofdubuqueorg Sent Friday July 08 2005 858 AM To Jeanne Schneider Cc Tracey Stecklein Subject John White 1 Page 98 THE CITY OF DuB E MEMORANDUM July 29 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 408 Burch Street Dave Stuart and John White provided me a tour of 408 Burch Street on Friday July 29 2005 The house is in a significant amount of disrepair even though the fire that damaged the home was five years ago It does appear that in the last several weeks there has been progress Mr White committed to me that he would work on the project fulltime until it is completed in three months except fora 10day period in September when he needs to be in Chicago with an ill relative respectfully recommend that this issued be tabled until the September 5 2005 City Council meeting for a progress report Michael C Van Milligen MCVMksf cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager Rich Russell Building Services Manager David Harris Housing Community Development Director Page 99 THE CITY OF DUB E MEMORANDUM Jufy 27 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street Senior Housing Inspector Kathaleen Lamb has provided information on the progress being made on 409 Burch Street Cl Mic aet C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Rich Russell Building Services Manager Page 100 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 7182005 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 Rebuilt front hip roofs offbay windows Front doors have been refinished and are ready to hang Page 101 City ManagersOffice 50 West 13th Street Dubuque lows 520011864 563 5894120 phone 563 5894249 fax ctymgrci tyofdubuqueorg July 22 2005 Mr Dave Stuart 1492 Locust Street Dubuque Iowa 52001 Re 409 Birch Street Dear Dave THE CITY OF ll I am writing as a followup to a meeting you had with Assistant City ManagerCindySteinhauserregardingthepropertylocatedat409BirchStreetDuring 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 Whites 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 orfiveblocksawayfromtheabovementionedpropertyshouldntbeallowedtovoicecomplaintsaboutthispropertyAsyouknowaneighborhoodisdefinedbymorethanjustitsphysicalfeaturesSuccessfulneighborhoodsarethosewherethecitizenstakeanactiveroleismaintainingthesocialandphysicalfabricoftheneighborhoodThecityreliesoncitizenstohelpusmaintainsafetysecurityand Service people Integrity Responsibility Innovation TeamworkPage 102 quality of life by helping us identify issues t is not unusual for neighbors to contact the city regarding safety crime zoning garbage weed and other general property maintenance concerns When the city receives such complaints we are obligated to respond to these issues Some matters are resolved sooner than others I would disagree with your statement that neighborswholivefourorfiveblocksawayshouldnthaveavoiceIfcitizensfeel 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 youpleasecontactOfficeManagerJuanitaHilkinat5894110andletherknowwhattimewouldworkbestforyou 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 attorneyclient relationshipWouldyoupleaseclarifyformewhatyourrelationshipistoMrBitterandMr White Please feel free to contact me at 5894110 if you have any questions Sincerely Michael C Van Milligen City Manager MCVMcs CC Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager Page 103 I IJJ I I j I tll 1 J rtIJrt r Page 104 7fQ 1 1 Jk 11l j 1 Jt J I I t tpe f x Qj I v L Page 105 Page 106 r 7 Page 107 Page 108 11 11III ii I J F J 1 tr D C6 be r Page 109 Page 110 c L tilt aa iIFr t Page 111 CJ RESOLUTION NO AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN c PROPERTY AT 409 BURCH STREET DUBUQUE IOWA OWNED E WHEREAS John White Owner is the owner of the real prop y a u legally described as follows the Property Lot 4 in Geo 6 BurchsSubdivision in the City of Dubuque Iowa according to the recorded plat thereof and and WHEREAS the City Council has found that the Property constitutes a public nuisance WHEREAS the City of Dubuque City intends to acquire the Property for the purpose of abating the public nuisance as authorized by Iowa Code 36412A 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 appraisedvalueofthePropertyis2100000and WHEREAS City has made make a good faith effort to negotiate with the Owner to purchase the Property for its appraised value NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA AS FOLLOWS The City Manager and the Corporation Counsel are hereby authorized to commence proceedings for the acquisition of the Property by eminent domain Passed approved and adopted this 18 day of Ju 05 Attest uggan Mayor Jeanne F Schneider CMC City Clerk Page 112 THE CITY OF DUB E MEMORANDUM July 14 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street In response to Joe Bitters letter asking for a delay on the Citys acquisition of 409 Burch Street I spoke with City staff who have been monitoring the property The Housing Department and the Building Department report that while there is some work going on it is mostly cosmetic in nature and could be described as puttering I respectfully request that the acquisition process continue Should substantial progress be made on the project the City Council can terminate the process at any time prior to acquisition Z Michael C Van Milligen MCVMjh Attachment cc Bany Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager Page 113 Preparers Barry A Lindahl Esq Address Suite 330 300 Main Street Dubuque IA 52001 Telephone 56315834113 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 Burchs Subdivision in the City of Dubuque Iowa according to the recorded plat thereof and WHEREAS the City Council has found that the Properly constitutes a public nuisance and WHEREAS the City of Dubuque City intends to acquire the Property for the purpose of abating the public nuisance as authorized by Iowa Code 36412A 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 2100000 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 Page 114 Passed approved and adopted this day of July 2005 Terrance M Duggan Mayor Attest Jeanne F Schneider City Clerk Page 115 Preparers Barry A Lindahl Esa Address Suite 330 300 Main Street Dubuque IA 52001Telephone56315834113 RESOLUTION NO AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REALPROPERTYAT409BURCHSTREETDUBUQUEIOWAOWNEDBYJOHNWHITE 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 BurchsSubdivision in the City of Dubuque Iowaaccordingtotherecordedplatthereof 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 forthepurposeofabatingthepublicnuisanceasauthorizedbyIowaCode 36412A and WHEREAS Iowa law requires that City must make a good faith effort tonegotiatewithOwnertopurchasethePropertybeforeproceedingwithcondemnationand 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 2100000 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 Ciy Manager and the Corporation Counsel are hereby authorized to commence proceedings for the acquisition of the Property by eminent domain Page 116 Passed approved and adopted this day of July 2005 Terrance M Duggan Mayor Attest Jeanne F Schneider City Clerk Page 117 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 didnt see any visual difference from the outside There is a table saw setting in the driveway A couple ofwindows 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 16000 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 ios clG D1rvr C if U Page 118 f t r 1 i N I Page 119 10 I I co I cii 7 P l of Page 120 Page 121 Page 122 ilTER LAW OFFfCES 485 LOCUST STREET DUBUQUE IOWA 52001 Joseph J Bitter Residence Thomas A Bitter onice563568d60B sssa Fax 5635880103 Tom 56357545 Also Lensed in Illinois Clierrt parking in rear FACSIMILE COVER LTE1FR DATL 71805 409 Burch St John White PropefityRE TtANSMiTTEDTO Nq Cindy Steinhauser Assistant City Manager ADDRESS PAX NO 5894149 V1WE HAVE SENT YOU PAGES INCLUll7NG THIS COVER LETTER TF YOU HAVE NOT RECEIVED ALL PAGES PLEASE INFORM US BY PHONE AT 5635884608 ORIGINAL DOCUMENT S WLLL X WILL NOT hOTLOW f3Y MALL THIS DOCUMENT S IS NOf URGENT Page 123 BITTER LAW OFFICES 485 IoCUST STAEET DUBUQUE IOWA 520016940 Joseph J Bitter Thomas A Bitter olrce 5635884608 Fax 5635880103 Also ricensed in Iinois Client parking In rear Jtly ls coos SCOND lTTEFt Office of the City Manager ATTN Michael C Vanlvlilligen City 1vlanager 50 W l3 St Dubuque IA 52001 V1A FAJi 5894149 The Honorable Terrance M Duggan and Members of the City Council RE 409 Burch St Jahn White lraperty Residence Joe 563fiB21768 Tom 5635827545 This letter is being dictated to you ort July 18 2005 at 150 prrt 1 am sittict with Mr John White and his two workers who are now wrrkinan thy property at 409 Burch Street I wish to give you a progress reprrt IIy previous letter 1 advised you that Mr White assured me that he and his workers would be working on the house on a daily basis comrrtencing with Friday June 24 2005 I have stopped by the White residence on a number of occasions and 1 can confirm that workers have been working on this house Since my last letter the following work hay completely rebuilt and installed 3 riew windows of the house around the second foar vindows the second floor with new ccippcr gutters been done On the second floor they have they 1Iave replaced the siding on the north side Further they have also replaced the gutters on On the first floor tleyhFrve completely rebuilt and replaced indows also with brtrnd new windows Today tltey are replacing a fourth window Zliey have also done extensive work to the two front porches tebuildirig and replacing rrruch of them ThEy have sanded and painted as they inslallcd On Sunday July l7 2005 they replaced ane of the basement windows in the front with a new window As I sit here dictating iV1r White and hwa assistants are now resanding refinishing and painting the front porch door anal preparing tc7 install new front steps leading tiom the fiant sidewalk to the front porch They are painting new siding sorttt of which has already been installed Mme of which will be installed as soon as the paint is dry ne of the enlletnen is painting boards which will be installed tnmorraw 4 Page 124 v i avrvv uv sv vv a varvvvvavv Y1 aL Guar yJV V V 7 Mr White advises me that he and his workers have been here every day since the day they promised they would start the work 1 would urge the City stmt grid any of the Council members who may wish to come up to this property and look at it at any time 1lie work is moving ahead slowly but steadily The quality of work is absolutely outstanding The portions of the house that have now been finished are absolutely beautiful and nc workmanship acid quality is unsurpassed I believe that City staff could see that there have been dramatic cltangcs made to the front and side of this house in the last 3 to 4 weeks Mr White assures me that they will continue to work on a daily basis Teach day 1 can see progress being made The position of the City of Dubuque has been that over many years the City has been insistent that lvlr White complete the work while the City patiently attempted to prod him into finishing the work 1 was not invoived 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 1 can tell you however that since I have been involved significant progress has been made and is being made an this house The City of Dubuque may well be jtstified in every action the City has taken and is contemplatinb i can neither dispute nor agree but I do know that at this time the house is being worked on regularly and prowess can be seen on a daily basis When this house is finished it will be a magnificent speciren Phis house will be one of the nicest older restored homes in the City of Dubuque The inside of the structure has been extensively rebuilt 1 urge you to look at this property I tliirilC you wil be astounded by the beauty of those partions of the residence that have now been rebuilt and restored You can see that work is ongoing on a daily basis I was advised today that the City Council has or the agencla for this everting a Resolution authorizing the City to commence eminent doniairi proceedings 1 cannot dispute that such actions may be warranted However 1 know from my lifetime oC living in the City of nubuque that our City Adrninistrataotl is not interested in flexing its muscle against 1Vir White but in achieving the larder community goals which would include in this instance a completion of the residence or if it is not to be completed tearing it down X think that those of you who examine this property will readily see that this structure is beautiful and of historic signifrcance The residence was built in 1895 by Dr Shrenk Cn the year 1900 the house was purchased by a Dubuque family who were pioneers in the lumber industry in this area They added the sidefront porch to the residence Tlie family then moved to thc State of Washington to continue the lumber business there The property has then passed into the hands of 3 or 4 other DubuquefamiliesMrWhitepurchasedthepropertyinabout19b9anddid extensive work completelyrestoringtheinsideofthehouseandJoinextensiveworktotheoutsideofthehouseHis house was included in the 1990 Old House Enthusiast House Tour There was a major fire to this house in the year 000 The house was extensively damaged Since that time there has been a strvjgle with the City Fathers to het Mr White to restore the buildiri That trocessis Page 125 V10VJ 11VriiJ JJ iAd J1DJ00 VIVJ D111 GA LAt VVy now taking place By reputation Tohn White is a master builder with superior construction knowledge and technique Again my suggestion is that the City of llubuque move slowly toward the takitrD of this property If the properrty is condemned or otherwise taken by the City its interested purchasers may wish to buy the house so it can be torn down This would be a tragic loss for the City In any event f doubt whether any prospective purchaser who should halento buy he 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 Jn a previous letter 1 asked that any representatives oi the City take a look at this house to see the progress that is now being made Mr Wlitrtells me that to his knowledge no one has been up to look at the house We provided Mr Whites cellphone number sr that anyone interested could be given a tour of the house both inside and out Mr White advises me that he has not been contacted I have not been contacted in response to my previous letters Again 1 urge all the interested agents of the City of Dubuque to come by this house and examine it Tf during the day Mr White will be working and will Hive you the tour and explain the progress brat is made and the detailed plans that he has Tf in the evening you are welcome to come on the premises arad look around Should you wish to call and contact Mr White he will come to the property and show you around inside and out If you do authorize the City to initiate eminent domain proceedings 1 ask that you exercise restraint and fobearance As long as Mr White and his crew are working on this house the objectives of the City of Dubuque are being met Tlic etzinent domain proceedings can be put on hold and reinstituted at any time that the City determines IVIf White has abandoned his construction or stopped working on the project Tbis is a major reconstruction project It involves much fine detailed work Tlris type of work proceeds at a rnuch slower pace than other type o construction where superior quality is not the ultimate goal 1 think the progress has been significant We will be happy to forward you weekly reports on the progrcss ofthis house We hope the City will work with Mr White 1 for one will do everything in my power to ecouragchim to woperate fully with the Citys plans and directives Thank yotr for your consideration Very truly yours Jo eph JJBkm6 cc 3arry Lindalil Corporation Counsel 581040 Cindy Steinhauser Assistant City Manager 5394149 David Harris Housing and Comrnunity Ocvelopment Dept Director 5894244 Jerelyn OConnor Neighborhood Ucvelopment Director 5894149 Page 126 y1VVVLIViVVY IAAViOVVVVIVV L111Ll 1rl BITTER LAW OFFICES 465 LOCUST STREET DUBUQUE IowA 520016940 Joseph J Bitter Thomas A Bitter Fec 5635880103 Also Gcensod In Illinois CUent paAang in rear July 18 2005 Office of the City Manager ATTN Michael C Van Milliaen City Manager SO W 13I St Dubuque IA 52001 VIA FAX 5894149 The Honorable Terrance M Duggan and Members of the City Council RE 409 Burch St John White Property Residence Ioe 563582nse Tom 5635827545 On Wednesday July 13 005 1 stopped at the house on Burch Street owned by John White By a previous letter 1 had indicated that Mr White promised to be working on this house every day I have gone by his house on an averase of 3 to 4 days a week and there have been people working there The work is moving ahead slowly but steadily This man is an incredible craftsman That may be part of the problem He is so fussy and particular that he does the work so well that it takes a long time Nevertheless the work that he has completed to date is absolutely gorgeous I urge you to get up to see this house and see the progress that he is making I know the City is frustrated and has indicated an eagerness to move ahead with condemnation sei2ure or any other procedure available I fully understand however your continued patience would be greatly appreciated Thank you for your consideration Very truly yours Jo ph J itte JJBkm6 cc Barry lindahlGorpolation Counsel 5831040 Cindy Steinhauser Assistant City Marager 5894149 David Harris Iiousinaand Community Development Dept Director 5894244 Jerelyn OConnorNeighborhood Development Director 5894149 Page 127 Vr 10 17J LRVII 1JJ4 fAA JI DJOOVIVJ D 111L1 Ll1n BITTER LAW OFFICES 485 LOCUST STREET DUBUQUE IOWA 520011940 Joseph J Bitter Thomas A Bitter Also ficereed in Illinois Gient perking in rear OiTce of the City Manager Dubuque City lttll 50 W 13 Steet Dubuque Iowa 52001 The Honorable Terry Duggan Members of the City Council Qffice 56358B4608 Fax5835880103 June 21 2005 1ZE 409 Burch Street John White Prapetty IVVO Residence Joe5635821768 Tan 5635827545 Mr Wlite and 1 toured the property on Tuesday June 1 2005 I know that this property ltas been the subject of ongoing discussions with the City and that the City fathers have made a strong argument to the effect that the restoration of this property has taken far longer than it should Mr White Save me a tour of the house tie has done quite a brt of work to the house Naturally much rtlore work is necesttry 1 cxarnined the work that lac did and being familiar with the construction business 1 cv see that what he has dome is done enemclywell told far above Cade requirements He has a detailed plan which is extremely wall thouht out and should result in a beautifu residenre lc has purchased aIthe windows for tht house they are sitting inside the house and they are top quality windows J3otells me that he has all the kitchen cabinets purchased attd paid for He tells me that he has purchased siding he has paid for the siding and taken delivery C understand that there are yuestiotts about the constitutionality of the pending litigation and that the City hats decided to pursue a nuisance remedy asainst Mr White He tells me that starting IridayJune 24 005 he intends to be working nn the house every single day all day wish two helpers I le tells me that he will not take on any other work until he has the house completely finished He tells me that he intends to start by installicts tle windows and butting the siding on the house T7iwill be a major step in tte right direction The City earl make a pint that even if Mr White hae had the best intentions in the past theyhavenotcometofruitionIhavevisitedwithhimLromtimetotirneandeachtimeIhave encouraged him to mavc ahead with due speed to gel this job finished He tells rrethat he htu had Page 128 viVVV1i1V1 1J VY CAA YIOJOOVIVJ D111L1 Llfn 1CJ VV some health problems which are now over and tat he intends to devote his undivided attention to the completion of the house Idont think aliyone disputes the quality of his work only ttie progress that he makes over a long period oftime This is the suggestion that Imake to the City of Dubuque We know that the City is not interested in taking over Mr Whites property The actions to declare his house a nuisance are deemed to be a last gasp effort to get something accomplished lvay suggestion is that if the Ciry will proceed slowly with the nuisance procedure the City ntighi see significant and rapid change in the property IMr White tntly intends to have three people working on the house fulltime commencing Friday June 24 2005 by the end of one week the Ciry should be able to see signiFicanl progress This might be an incentive for the City authorities to hold off another week At the end of the second week the Ciry might see signifcant progress again The Ciry could delay for another week hoping that rach week will show rapid progress toward completion of this project Meanwhile the Citys representatives are welcome to come on the property and inspect it at tny time without obtaining prior permission Entry to the inside of the residence will be somewhat difficult because the doors arc kept locked However during the day when MrWhite is working there he will sbow the Citys agents the propetyso they can see what is happening Mr White has absolutely promised the that he will follow through 1 have encouraged this and I will continue to encourage it 1 would request that the City delay any fuiher action for about a week and if Mr White has made signiiicnt progress the City could delay action for another week Mr White can be reached by any of the Citys agents during the day without the necessity of contacting our office in advance His hotte phone number is 5831586 He tells me that he can be reached on his cell phone between 700 am and 1000 p m at 5800957 Thank you for your consideration Very tntly ours Jos J Bttt JJBlap ec Barry IindahlCorporation Counsel 583T 040 Cindy Steinhauser Assistant City Manager 5894t49 David Harris TTousing and Community Development Department Diector 5894244 Jerelyn QConnor Neihborhood Development Director 5894149 City Manager 5894149 Page 129 THE CITY OF DUB E MEMORANDUM September 1 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT John White 409 Burch Street On August 31 2005 I met with John White at 409 Burch Street He has made progress on the property since this item was tabled at the August 1 2005 City Council meeting I respectfully request that this matter be tabled until the October 3 2005 City Council meeting for another update C Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Page 130 rrtscmrorr Dus MEMORANDUM 30 August OS To Midael Milligan City Managert r From David Ha s Housing and Community Development Department Re John White 409 Burch Street At its 1 August meeting the City Counal tabled action on condemnation of the JohnWhitepropertyat409BurchStreetinordertoprovidetimetotheownertomake progress on rehabilitation repairs The Council directed that this matter be plao8dagainontheagendaforthe6Septembermeetingwithaprogressreport The acxompanying set of photos shows that Mr White has completed additional work The inspection report dated 29 August notes that four new windows have been installed Additional Tyvek wrap has been affixed to the exterior welt sheathing Some painting has been completed on the street side Work on installation of the copper gutter system has pngressed And some windows havebeenremovedandtheiropeningspreppedfornewinstallations 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 moresporadicftappearstohaveslowedconsiderablyduringthepastcoupleofweeksThephotosdocumentthatmostoftheworkhastakenplaceonthefrontstreetsideofthehouseincludingquiteabitofdetailworkassociatedwiththepordbaywindowandcopperguttersystemTherearofthehomehasbeenmostlyuntouchedAreasoftherearandsideexteriorwallsandtheroofremainwithoutsidingorshingleswithwindowopeningsboarded Page 131 c Page 132 Page 133 I I Ii Page 134 flit I 1I s J I I I I I J 1L t t i t 1 1 l I J t iiIti y Page 135 THE CITY OF DuB E MEMORANDUM July 29 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 408 Burch Street Dave Stuart and John White provided me a tour of 408 Burch Street on Friday July 29 2005 The house is in a significant amount of disrepair even though the fire that damaged the home was five years ago It does appear that in the last several weeks there has been progress Mr White committed to me that he would work on the project fulltime until it is completed in three months except fora 10day period in September when he needs to be in Chicago with an ill relative I respectfully recommend that this issued be tabled until the September 5 2005 City Council meeting for a progress report Michael C Van Milligen MCVMksf cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager Rich Russell Building Services Manager David Harris Housing Community Development Director Page 136 7liE GTfY OF DuB MEMORANDUM Jufy 27 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street Senior Housing Inspector Kathaleen Lamb has provided information on the progressbeingmadeon409BurchStreet CGL Mic ael C Van Milligen MCVMrh Attachment cc Bany Lindahl Corporation Counsel Cindy Steinhauser Assistant City ManagerDavidHamsHousingandCommunityDevelopment Department Director Rich Russell Building Services Manager Page 137 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 7182005photos Front porch steps have been installed Front porch posts have been installed South side porch has been jacked up and has new footings Copper gutter installed on north side of front porch Re built front hip roofs offbay windows From doors have been refinished and are ready to hang Page 138 City ManagersOffice 50 West 13th Street tubuyueIowa520014864 563 5891110 phone 563 5894149 fax ctymgtcityofdubuqueorg rriE cirv of July 22 2005 Mr Dave Stuart 1492 Locust Street Dubuque Iowa 52001 Re 409 Birch Street Dear Dave I am writing as a followup 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 Whites attorney Joe Bitter were given any information regarding the June 20 2005 City Council meeting agenda item involving 409 Birch Sreet You also expressed general concern over the lack of information and correspondence from the City to Mr White Mr Bitter or yourself The following is a list of dates and information sent to Mr Bitter regarding actions related to 409 Birch Street June 14 2005 memorandum with attachments from Corporation Counsel Barry A Lindahl to City Manager Michael C Van Milligen A copy was mailed to Mr Bitter June 21 2005 letter from Corporation Counsel Lindahl to Mr Bitter advising Mr Bitter that the City Council had adopted a resolution establishing the fair market value of the property At your request I am reseeding copies of the information that was provided at the June 20 2005 City Council meeting You also brought up concerns over the types of complaints raised by the neighbors regarding 409 Birch Street and indicated that people who live four or five blocks away from the above mentioned property shouldntbe allowed to voice complaints about this property As you know a neighborhood is defined by more than just its physical features Successful neighborhoods are those where the citizens take an active role is maintaining the social and physical fabric of the neighborhood The city relies on citizens to help us maintain safety security and Service People Integrity Responsibility lnnovnrion Tramwork Page 139 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 shouldnthave a voice If citizens feel connected to a neighborhood that is two blocks in length or twenty blocks in length they have a right to voice their concems I believe that to be the case here would be happy to accept your invitation to come up and view the property and the work completed prior to the August 1 2005 City Council meeting Would you please contact Office Manager Juanita Hilkin at 5894110 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 attorneyclient relationship Would you please clarify forme what your relationship is to Mr Bitter and Mr White Please feel free to contact me at 5894110 if you have any questions Sincerely Michael C Van Miliigen City Manager MCVMcs CC Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager Page 140 I IJJ I I j I tll 1 J rtIJrt r Page 141 7fQ 1 1 Jk 11l j 1 Jt J I I t tpe f x Qj I v L Page 142 Page 143 r 7 Page 144 Page 145 11 11III ii I J F J 1 tr D C6 be r Page 146 Page 147 c L tilt aa iIFr t Page 148 RESOLUTION NO AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROPERTY AT 409 BURCH STREET DUBUQUE IOWA OWNED F WHEREAS John White Owner is the owner of the real proprQ legally described as follows the Property Lot 4 in Geo B BurchsSubdivision 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 36412A 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 X2100000 and WHEREAS City has made make a good faith effort to negotiate with the Owner to purchase the Property for its appraised value NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA AS FOLLOWS The City Manager and the Corporation Counsel are hereby authorized to commence proceedings for the acquisition of the Property by eminent domain Passed approved and adopted this 18 day of Ju 05 r Attest uggan Mayor Jeanne F Schneider CMC City Clerk Page 149 THE CTIY OF DuB MEMORANDUM July 14 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street In response to Joe Sitters letter asking for a delay on the Citys acquisition of 409 Burch Street spoke with City staff who have been monitoring the property The Housing Department and the Building Department report that while there is some work going on it is mostly cosmetic in nature and could be described as puttering I respectfully request that the acquisition process continue Should substantial progress be made on the project the City Council can terminate the process at any time prior to acquisition L Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager Page 150 Preparer Barrv A Lindahl Esa Address Suite 330 300 Main Street Dubuque IA SZ001 Telephone 563 583i13 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 Burchs 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 36412A 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 2100000 and WHEREAS City has made make a good faith effort to negotiate with the Owner to purchase the Property for its appraised value NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA AS FOLLOWS The City Manager and the Corporation Counsel are hereby authorized to commence proceedings for the acquisition of the Properly by eminent domain Page 151 Passed approved and adopted this day of July 2005 Terrance M Duggan Mayor Attest Jeanne F Schneider City Clerk Page 152 Preparers Bam A Lindahl Esa Address Suite 330 300 Main Street Dubuque IA 52001 Telephone 156315834113 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 Burchs 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 36412A 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 x2100000 and WHEREAS City has made make a good faith effort to negotiate with the Owner to purchase theProperty 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 Page 153 Passed approved and adopted this day of July 2005 Terrance M Duggan Mayor Attest Jeanne F Schneider City Clerk Page 154 Date July 17 2045 To David Harris Housing and Community Development Director From Kathaleen Lamb Senior Housing Inspector Subj 409 Burch Street Idrove by several times in the last several weeks I didntsee any visual difference from the outside There is a table saw setting in the driveway A couple ofwindows were open I saw a guy up on a scaffold one day Some workers are on site a couple of guys other than John White Today Roger did go up to the site and John White allowed him to walk around Roger said they are doing some epoxy work and a ton of exterior painting He has also planted a bunch of shrubs trees and has done some stone work Jahn White told Roger that he had 16000 ofwindows inside He has installed a few of them I have attached a few pictures of what the exterior looks like as oftoday i Page 155 f t r 1 i N I Page 156 10 I I co I cii 7 P l of Page 157 Page 158 Page 159 71805 MON 1533 FAR 3195880103 BITTER LAW 1j001 BITTER LAW OFFICES 485 LACUST STREET DUBUQUE IOwA52001 Joseph J Bitter x Office 569586BOB Thomas A Bitter F gg1D3 Tom b65B27blb Nso Ycotsod n Afois cxent in mar FACSIMILE COVER iTlER DATL 71805 409 Burch St John 4lhite PropefityRE 1RANSMXTTED TO Nq Cindy Stelnhauser Assistant City Mans er ADDRESS FAX NO 5894149 WE HAVE SENT YOU PAGES IliCLUUTNG THIS COVER LETTER TF YOU HAVE NOT RECEIVED ALL PAGES PLEASE INFORM US BY PHONE AT 5635884608 ORIGINAL DOCUMENT S WILL X WLLNOT FOXLOW F3Y MAIf TiTS DOCUMENT 1S IS NOf URGENT Page 160 071805 MON 1533 FAX 3195880103 BITTER IAW 1J002 BITTER LAW OFFICES 185 LOCUST STAEET DUBUOiIE fowA 52001E940 Joseph J Bitter R Olfice 563588609 Ja 563821T68ThomasABitterFaxss3596oosTom5633e2755 Abe Goerised in 116nOic dent paikfng in roar July 1 S 2005 S1CO1FTTK Office of the City Manager ATTN Michael C Van Milligen City lvanager 50 W 3a St Du6uguc IA 52001 V1A FA7 594149 The Honorable Terrance M Dugan and Members of the City Council RE 409 Burch St John White Property This letter is being dictated to you nn July 18 2005 al 150 prn 1 am Sitting with Mr John White and his two workers who afenow working an the property at 409 Burch Street I wish to give you a progress report IIy previous letter 1 advised you that Mr White assured me that he and his workers would be working on the house on a daily basis commencing with Friday June 24 2005 1 have stopped by the While residence on a numher of occasions and 1 can confrm that workers have been working on this house Since my last letter the following work has completely rebuilt and installcd 3 new windows oP the house around the second floor windows the second floor with new ccipper gutters been done On the second floor they have They have replaced the siding on the north side Further they have also replaced the gutters on On the first floor tfcy have completely rebuilt and replaced i vindows also with brand new windows Today they are replacing a fourth window They have also done extensive work to the two front porches tebuildin3 and replacing much of them They have sanded and painted as they installed Oaf Sunday July 17 200 they replaced ane of the baternent windows in the front with a new window As I sit here dictating Mr White and twp assistants are now resandingrefinishinb and painting the front porch floor anal preparing to install new front steps leading iiom the front sidewalk to the front porch They are painting new siding somw of which has already been installed some of which will be installed as soon as the paint is dry C7ne of the sentlemen is painting boards which will be installed tnmorrow Page 161 071805 MON 1533 FAR 3195880103 BITTER LAW f003 2 Mr White advises me that he and his workers have been here every day since the day they promised they would start the work 1 would urge the City staff and any of the Council members who may wish to come up to this property and look at it at any times ihework is moving ahead slowly but steadily The quality of work is absolutely outstandins The portions of the house that have now been finished are absolutely beautiful and the workmanship attd quality is unsurpassed I believe that City staff could see that there have been dramatic cltangcs made co the front and side of this house in the last 3 to 4 weeks Mr White assures me that they will continue to work on a daily basis Each day 1 can see progress being made The position of the City of Dubuque has been that over many years the City has been insistent that Mr White complete tltc work while the City patiently attempted to prod him into finishing the work I was not involved until recently and do not have the personal knowledge of the history of this residence as Mr White and many members of the City staff have I can tell you however that since T have been involved significant progress has been made and is being made on this house The City of Dubuque may well be justified in every action the City has taken and is contemplatinb L can neither dispute nor agree but I do know that at this time the house is being worked on regularly and progress can be seen on a daily basis When this house is finished it will be a magnificent specimen This house will be one of the nicest older restored homes in the City of Dubuque The inside of the structure ha been extensively rebuilt I urge you to look at this property I think you will be astounded by the beauty of those portions of the residence that have now been rebuilt and restored You can see that work is ongoing on a daily basis I was advised today that the City Council has aft the agenda for this evettin a Resolution authorizing the city to commence eminent domain proceedings 1 cannot disputes that such actions may be warranted However I know from my lifetime of living in the City of nubuque that our City Administration is aot interested in Flexing its muscle against Iv1r White but in achieving the larger community goals which would include in this instance a completion of the residence or if it is not to be completed tearing it down X think that those of you who examine tlxis property will readily see that this structure is beautiful and of historic significance The residence was built in 1895 by Dr Shrenk In the year 1900 the house was purchased by a Dubuque family who were pioneers in the lumber industry in this area They added the sidefront porch to the residence The family then moved to the State of Washington to continue the lumber business there The property has then passed into the hands of3 or 4 other DubuquefamiliesMrWhitepurchasedthepropertyinabout1989anddidextensiveworkcompletelyrestoringtheinsideofthehouseanddoingextensiveworktotheoutsideofthehouseHis house was included in the 1990 Old House Enthusiast House Tour There was a major fire to this house in the year 2000 fhe house was extensively damaged Since that time there has been a stns a with the City Fathers to het Mr White to restore the building That process is Page 162 071805 MON 1533 FAR 3195880103 BITTER LA9F 1 now taking place By reputation John While is a master builder with superior construclion knowledge and technique Again my suggeetion is that the City of llubuque move slowly toward the taking of this property T the property is condemcted or otherwise taken by the City its interested purchasers may wish to buy the house so it can be torn down Tbis would be a tragic loss for the City n any event I doubt whether any prospective purchaser who should happen to buy the house to complete the work will apply more tender loving care and attention to detail and quality of workmanship than is being bestowed on this house at this time by John White In a previous letter l asked that any representatives of the City take a look at this house to see the progress that is now being made Mr Wlcile tells me that to his knowledge no one has been up to look at the house We rovidcd Mr Whites cellphonc number so that anyone interested could he givrn a tour of the house both inside and out Mr White advises me that he has not been contacted I have not been contacted in response to my previous letters Again 1 urge all the interested agents ofthe City ofDubuque to come by this house and examine it Tf during the day Mr White will be working and will ive you the tour and explain the progress that is made and tlu detailed plans that he has TF in the evening you are welcome to come on the premises and look around Should you wish to call and contact IVir White he will come to the property and show you around inside and out If you do authorize the City to initiate eminent domain proceedings 1 ask that you exercise restraint and forbearance As long as Mr White and his crew are working on this house the objectives of the City of Dubuque are being met The eminent domain proceedings can be put on hold and reinstituted at any time that the City determines lvlr White has abandoned his construction or stopped working on the project This is a major reconstruction project It involves much fine detailed work his type of work proceeds at a much slower pace than other types of construction where superior quality is not the ultimate goal 1 think the progress has been significant We will be happy to forward you weekly reports on the progress of this house We hope the City will work with Mr White i for one will do everythicig in my power to encourage him to woperate fully with the Citys plans and directives Thank you for your considcrazion Ver truly yours Io ph JJBkm6 cc Barry Lindahl Corporation Counsel 5831040 Cindy Steinhauser Assistant City Manager 589449 David Harris Housing and Community Development Dept Director 589444 Jcrelyn OConnor Nci3hborhood Development Director 5894149 fETj004 Page 163 071805 MON 1534 FAX 3195880103 BITTER IAW f005 BITTER LAW OFFICES A5 LOCUST STREET DUBUQUE IOWA 52001690 lOSeplt l Bltt6ri Residana f homas A Bitter 0 rac sseeoto ALso fioeneetItinos otanr prrdnp reu Juiy 18 2005 Office of the City Manager ATTN Michael C Van Milligen City Manager 50 W 13i1 St Dubuque IA 52001 VIA FAX 5894149 The Honorable Terrance M Duey an and Members of the City Council RE 409 Burch St John White Property On Wednesday July 13 2005 1 stopped at the house on Burch Street owned by John White By a previois letter 1 had indicated that Mr White promised to be working on this house every day I have gone by his house on an average of 3 to 4 days a week and there have been people working there The work is moving ahead slowly but steadily This man is an incredible craftsman That may be part of the problem He is so fussy and particular that he does the work so well that it takes a long time Nevertheless the work that he has completed to date is absolutely gorgeous I urge you to get up to see this house and see the progress that he is making I know the City is frustrated and has indicated an eagerness to move ahead with condemnation seiZUre or any other procedure available I fully understand however your continued patience would be greatly appreciated Thank you for your consideration Very truly yours Jo ph J itt IJBkmti cc Barry Lindahl Goporation Counsel 5831040 Cindy Steinhauser Assistant City Manager 5894149 David Harris Housing and Community Development Dept Director 5894244 Jerelyn OConnor Neighborhood Development Director 5894149 Page 164 071805 MON 1534 FAX 3195880103 BITTER LAW Iaj006 BITTER LAW OFFICES s outer iawa52oots4o Joseph J Bitter Thomas A Bitter Alw ficertsdinIinoa Ctierd pvkinp n eev Office of the City Nanager Dubuque City Hall 50 W 13 Steet Dubuque Iowa 52001 The Honorable Terry Duggan Members ofthe City Council oboe sstseasoe Fvr5835880103 June 2l 2005 RE 409 Burch Street John White Property Its Joe ssstse Tare 5655827545 Mr White and 1 toured the property on Tuesday June 2l 2005 Iknow that this property has been the subject of ongoing discussions with the City and that the City fathers have made a strong argument to the ciectthat the restoration of this property has taken far longer than it should Mr White save me a tour of the house tie has done quite a brt of work to the house Naturally much more work is necessary 1 examined the work that he did and being familiar with the consvuctiott business I can see that what he has done is dcne etrerncly well and far above Cade requirements He has a detailed plan which is extremely well thouttt out and should result in a beautiful residence Ic hati purchased all the windows for the house they are sitting inside the house and thCy ace top quality windows He tells me that he has all tftc kitchen cabinets purchased lend paidforHetellsmethathehaspurchasedsidinghehaspaidforthesidingandtakendelivery understand that there are yuestiotts about the constitutionality of the pending litigation andthattheCityhasdecidedtopursueanuisanceremedyagainstMrWhiteHetellsmethatstartingIridayJune242005heintettdstobeworkingonthehouseeverysingledayalldaywithtwohelpersFletellsmethathewillnottakeonartyotherwork until he has the house completelyfinishedHetellsmethatheintendstostartbyinstallingthewindowsandputtingthesidingon thehouseThiswillbeamajorstopintierightdirection The City cal make apaint that even if l1dr White has had the best intentions in the past theyhavenotcometofruition1havevisitedwithhimromtimetolimeandeachtimeJhaveencouragedhimtomoveaheadwithduespeedtogetthisjobffinishedHCtellsmethathehashad Page 165 071805 MON 1534 FAR 3195880103 BITTER LAW X1007 some health problems which are now over and that lie intends to devote his undivided attention to the completion of the house Idontthink anyone disputes the quality ofhis work only the progress shat he makes over a lout period of time This is the suggestion that I make to the City of Dubuque We know that the City is not interested in taking over Mr Whites property The actions to declare his house a nuisance are deemed to be a last gasp effort to get something accomplished v7y sugeeStion is that if the Ciry will proceed slowly with the nuisance procedure the City might see significant atd rapid change in the property If Mr White truly intends to have three people working on the house fulltime commencing Friday June 24 2005 by the end ofone week the City should be able to see significant progress This might be an incentive for the City authorities to hold off another wcck At the end of the second week the Ciry might sce significant progress again The Ciry could delay for another week hoping that each week will show rapid progress toward completion of this project Meanwhile the Citys representatives are welcome to come on the property and inspect it at any time without obtaining prior permission Entry to the inside ofthe residence will ba somewhat difficult because the doors are kept locked However during the day when Nlr White is working there he will show the Citys agents the property so they can see what is happening Mr White has absolutely promised me that he will follow through 1 have encouraged this and I will continue to encourage it 1 would request that the City delay any further action for about a weep and if Mr Whita has made sisnilictnt progress the City could delay action for another week Mr White can be reached by any of the Citys agents during the day without the necessity of contacting our office in advance His horns phone number is 5831586 He tells me that he can be reached on his cell phone between 700am and 1000 p m at 5800957 Thank you for your consideration Very tttrly ours Jos J Batt JJBlap cc Barry JindahlCorporation Counsel SBi1040 Cindy Steinhauser Assistant City Manager 5894t49 David Harris Iousingand Community Development Department Director 5894244 Jerelyn OConnor Neighborhood Development Director 5894149 City Managet 5894149 Page 166 THE CITY OF DUB E MEMORANDUM September 22 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT John White 409 Burch Street Housing and Community Development Department Director David Harris is providingtheCityCouncilwithaprogressreportonrehabilitationrepairsmadebytheownerof 409 Burch Street I respectfully recommend that this matter be tabled until November 7 2005 Michael CVan Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director ffr1J Page 167 TY OF DUBUQUE OWA MEMORANDUM 22 September OS To M 1 Van Milligan City Manager From Dav Harris Housing and Community Development Department Re John White 409 Burch Street At its 1 August meeting the City Council tabled action on condemnation of the John White property at 409 Burch Street in order to provide time to the owner to make progress on rehabilitation repairs The Council directed that this matter be placed again on the agenda far 3 October meeting with a progress report The accompanying set of photos shows that Mr White has completed additional work The inspection report dated 22 September notes that Mr White has done extensive rehabilitation work to the entire existing foundation located on the front and sides of the property This foundation has been cleaned tuck pointed and the old grout removed New grouting has begun and is visible on the South side of the property Mr White has also installed much of the lower trim on the front and south side of the property and has installed two new lower floor windows on the South side Mr White has also harvested some old siding from same ofthe older houses on Stewart Street removing IO square of siding as well as harvesting same shrubs and bushes for replanting on the back or West and North sides of the property Some additional windows and siding have been installed on the North side of the property Little work has been done to the back or west side 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 workuag on Stewart Street removing siding for his property on Burch Street Photos were taken and accompany this report documentingtherehabilitationrepairsthathavebeenaccomplished Page 168 CITY OF DUBUQUE IOWA MEMORANDUM 22 September OS To 1 Van Milligen City Manager From Da Harris Housing and Community Development Department Re John White 409 Burch Street At its 1 August meeting the City Council tabled action on condemnation of the John White property at 409 Burch Street in order to provide time to the owner to make progress on rehabilitation repairs TheCouncil 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 ofthe 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 ofthree 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 Page 169 CITY OF DUBUQUE IOWA MEMORANDUM Date August 22 2005 To David Harris Housing and Community Development From Kathaleen Lamb Senior Housing Inspector Re John White 409 Bwch Street The following work has been done since our last update on 409 Burch Street on 829 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 ofthe house has been cleaned tuck pointed and prepared for regrouting Grouting has been stained to match closely with the stone foundation Approximately 10 square of siding has been harvested from some ofthe 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 Page 170 Page 171 Q I iL i a Page 172 Page 173 Page 174 THE CITY OF DUB E MEMORANDUM September 1 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT John White 409 Burch Street On August 31 2005 I met with John White at 409 Burch Street He has made progress on the property since this item was tabled at the August 1 2005 City Council meeting I respectfully request that this matter be tabled until the October 3 2005 City Council meeting for another update 1 Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director J 1 Page 175 cznr oP Dv8 MEMORANDUM 30 August 05 To Michael Milligan City Manager CFromDavidHa s Housing and Community Development Department Re John White 409 Burch Street At its 1 August meeting the City Counal tabled action on condemnation of the John White property at 409 Burch Street in order to provide time to the owner to make progress on rehabilitation repairs The Council directed that this matter be placed again on the agenda for the 6 September meeting with a progress report The accompanying set of photos shows that Mr White has completed additional work The inspection report dated 29 August notes that four new windows have been installed Additional Tyvek wrap has been affixed to the exterior wall sheathing Some painting has been completed on the street side Work on installation of the copper gutter system has progressed And some windows have been removed and their openings prepped for new installations The inspectors and neighbors report that while Mr White and acrew of two men worked steadily on the house in early August work since then has been more sporadic k appears to have slowed considerably during the past couple of weeks The photos document that most of the work has taken place on the front street side of the house including quite a bit of detail work associated with the porch bay window and copper gutter system The rear of the home has been mostly untouched Areas of the rear and side exterior walls and the roof remain without siding or shingles with window openings boarded Page 176 c Page 177 Page 178 I I Ii Page 179 flit I 1I s J I I I I I J 1L t t i t 1 1 l I J t iiIti y Page 180 THE CITY OF DuB MEMORANDUM July 29 2005 TO FROM SUBJECT The Honorable Mayor and City Council Members Michael C Van Milligen City Manager 408 Burch Street Dave Stuart nd John White provided me a tour of 408 Burch Street on Friday July 29 2005 The house is in a significant amount of disrepair even though the fire that damaged the home was fi a years ago It does appe r that in the last several weeks there has been progress Mr White co miffed to me that he would work on the project fulltime until it is completed in three months except fora 10day period in September when he needs to be in Chicag with an ill relative I respectfully recommend that this issued be tabled until the September 5 2005 City Council mee ing for a progress report Michael C Van Milligen MCVMksf cc Barry Cindy Rich F David indahl Corporation Counsel Steinhauser Assistant City Manager ussell Building Services Manager Harris Housing Community Development Director Page 181 THE CrCY OP Dui MEMORANDUM Jufy 27 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street Senior Ho sing Inspector Kathaleen Lamb has provided information on the progress being mad on 409 Burch Street CG Mic ael C Van Milligen MCVMjh Attachmen cc Barr Lindahl Corporation Counsel Steinhauser Assistant City Manager Hams Housing and Community Development Department Director tussell Building Services Manager Page 182 Date To From Subj Here is July 26 2005 David Harris Housing and Community Development Director Kathaleen Lamb Senior Housing Inspector 409 Burch Street list of the current changes since 7182005photos ront porch steps have been installed rout porch posts have been installed ouch side porch has been jacked up and has new footings opper gutter installed on north side of front porch ebuih front hip roofs offbay windows corn doors have been refinished and aze ready to hang Page 183 City Manage s Office 50 West 13th freer Dubuyuelo a 520014864 563 589411 phone 563 589414 fax July 22 2005 Mr Dav Stuart 1492 Lo ust Street Dubuau Iowa 52001 Re 4b9 Birch Street Dear THll E CITY OF I am wri ing as a followup to a meeting you had with Assistant City ManagerCindySeinhauserregardingthepropertylocatedat409 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 Whites attorney Joe Bitter w re given any information regarding the June 20 2005 City Council meeting agenda item involving 409 Birch Street You also expressed genera concern over the lack of information and correspondence from the City to Mr White rBitter or yourself The following is a list of dates and information sent to Mr Bi er regarding actions related to 409 Birch Street J ne 14 2005 memorandum with attachments from Corporation Counsel 8 rry A LindahtoCity Manager Michael C Van Milligen A copy was m filed to Mr Bitter J ne 21 2005 letter from Corporation Counsel Lindahl to Mr Bitter a vising Mr Bitter that the City Council had adopted a resolution e tablishing the fair market value of the property At your r quest I am resending copies of the information that was provided at the June 20 2005 City Council meeting You als brought up concerns over the types of complaints raised by the neighbo regarding 409 Birch Street and indicated that people who live four or five blo s away from the above mentioned property shouldntbe allowed to voice co plaints about this property As you know a neighborhood is defined by more tha just its physical features Successful neighborhoods are those where the citize stake an active role is maintaining the social and physical fabric of the neighbor ood The city relies on citizens to help us maintain safety security and ice People Integrity Responsibility lrnovation Teamwork Page 184 quality o life by helping us identify issues It is not unusual for neighbors to contact he city regarding safety crime zoning garbage weed and other general roperty maintenance concerns When the city receives such complai ts we are obligated to respond to these issues Some matters are resolve sooner than others I would disagree with your statement that neighbors who live four or fve blocks away shouldnthave a voice if citizens feel connect d to a neighborhood that is two blocks in length or twenty blocks in length t ey have a right to voice their concerns I believe that to be the case here I would a happy to accept your invitation to come up and view the property and the wor completed prior to the August 1 2005 City Council meeting Would youpleasecntactOfficeManagerJuanitaHilkinat5894110andletherknowwhat time wo Id work best for you One fina matter It is my understanding that Mr Bitter continues to represent Mr White a d the City does not want to interfere with that attorneyclient relationshipWouldyupleaseclarifyformewhatyourrelationshipistoMrBitter and Mr White Please felfree to contact me at 5894110 if you have any questions Sincerely Michael C Van Milligen City Manager CC B rry Lindahl Corporation Counsel Ci dy Steinhauser Assistant City Manager Page 185 I IJJ I I j I tll 1 J rtIJrt r Page 186 7fQ 1 1 Jk 11l j 1 Jt J I I t tpe f x Qj I v L Page 187 Page 188 r 7 Page 189 Page 190 11 11III ii I J F J 1 tr D C6 be r Page 191 Page 192 c L tilt aa iIFr t Page 193 RESOLUTION NO AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROPERTY AT 408 BURCH STREET DUBUQUE IOWA OWNED E c WHEREAS John White Owner is the owner of the real propra legally described as follows the Property Lot 4 in Geo B BurchsSubdivision 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 36412A 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 2100000 and WHEREAS City has made make a good faith effort to negotiate with the Owner to purchase the Property for its appraised value NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA AS FOLLOWS The City Manager and the Corporation Counsel are hereby authorized to commence proceedings for the acquisition of the Property by eminent domain Passed approved and adopted this 18 day of Ju 05 J uggan Mayor Attest Jeanne F Schneider CMC City Clerk Page 194 TCITY OF DUB E MEMORANDUM July 14 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street In response to Joe Bitters letter asking for a delay on the Citys acquisition of 409 Burch Street 1 spoke with City staff who have been monitoring the property The Housing Department and the Building Department report that while there is some work going on it is mostly cosmetic in nature and could be described as puttering I respectfully request that the acquisition process continue Should substantial progress be made on the project the City Council can terminate the process at any time prior to acquisition Michael C Van Milligen MCVMjh Attachment cc Bany Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager Page 195 Preparers Bamr A Lindahl Esa Address Suite 330 300 Main Street Oubuaue IA 52001 Telephone X56315834113 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 BurchsSubdivision in the City of Dubuque Iowa according to the recorded plat thereof and WHEREAS the City Council has found that the Properly constitutes a public nuisance and WHEREAS the City of Dubuque City intends to acquire the Property for the purpose of abating the public nuisance as authorized by Iowa Code 3641ZA and WHEREAS Iowa law requires that City must make a good faith effort to negotiate with Owner to purchase the Properly before proceeding with condemnation and WHEREAS City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property and WHEREAS City has caused an appraisal of the Property to be made and the appraised value of the Property is 2100000 and WHEREAS City has made make a good faith effort to negotiate with the Owner to purchase thePropertyfor 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 Page 196 Passed approved and adopted this day of July 2005 Terrance M Duggan Mayor Attest Jeanne F Schneider City Clerk Page 197 Preparers Bann A Lindahl Esa Address Suite 330 300 Main Street Dubuque A 52001 Telephone 563 5834913 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 BurchsSubdivision 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 36412A and WHEREAS Iowa taw requires that City must make a good faith effort to negotiate with Owner to purchase the Property before proceeding with condemnation and WHEREAS City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property and WHEREAS City has caused an appraisal of the Property to be made and the appraised value of the Property is 52100000 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 Page 198 Passed approved and adopted this day of July 2005 Terrance M Duggan Mayor Attest Jeanne F Schneider City Clerk Page 199 Date July l7 2005 To David Harris Housing and Community Development Director From Kathaleen Lamb Senior Housing Inspector Subj 409 Burch Street I drove by several times in the last several weeks I didnt see any visual difference from the outside Thereus onaalsecaffwold onegdayh Some workers are oln site na coup a of open I saw a guy p guys other than John White Today Roger did go up to the site and John White allowed him to walk around Roger said they are doing some epoxy work and aton of exterior painting He has also planted abunch of shrubs trees and has done some stone work John White told Roger that he had 16000 ofwindows inside He has installed a few of them I have attached a few pictures of what the exterior looks like as of today i Page 200 f t r 1 i N I Page 201 i i f t Page 202 e r t Page 203 10 I I co I cii 7 P l of Page 204 Page 205 Page 206 71805 MON 15Ja FAR a18588010 SITTER LAW 1j001 SITTER LAW OFFICES 485 LaCUST STREE OUBUOUE IOWA 5Z00t Joseph J Bitter Rte OIFce 563588BOB Joa 56ibett768 Thomas A Bitter Fax 103 tom rs35esabb aso uansad nrnoss cxKrn yarwnq FACSTMiLE COVER LfER DATL 71805 409 Burch St John Ihite PropettyRE 1RANS1v1xTTED T0 Nq Cindy Steinhauser Assistant City Manager ADDRESS FAX NO 5894149 VVE HAVE SENT YOU PAGES INCLUllTNG THIS COVER LETTER XF VOU HAVE NOT RECETVFDALL PAGES PLEASE INFORM US BY PHONE AT 5635884608 ORGINAL DOCUMENT S WILL XWLL NOT iOXIOW13YMAIL TNiS DOCUMENT IS IS NOf URGENT Page 207 071805 MOA 1533 FAX 3195880103 BITTER IAW 0002 BITiER LAW OFFICES 185 LACUST STAEEr DUBUQUE IOWA 5200r840 Joseph J Bitter Thomas A Better S635e66oe Tan 5635827545Fax5635L801p3 Abo in Irindt Cienl parldgin roar Jtly 1 s zoos sCONDlET Office ofthe City Manager ATTN Michaol C Van Milliecn City Ivfanagcr 50 W l3 St Dubuque IA S200t VIA FAQ 5894149 The Honorable Terrarce M Dtrr an and Members crf the City Council RE 409 Burch St John White Property This letter is being dictated to you nn July 18 2005 al 150 prrt 1 am sitting with Mr John White and his two workers who arenow working on the property at 409 Burch Street I wish to give you a progress report By previous letter 1 adLised you that Mr White assured me that he and his workers would be working on the house on a daily basis commencing with Friday June 24 2005 1 have stopped by the While residence on a number of occasions and 1 can conFrm tlac workers have been working on this house Since my last letter the fallowing work has been done On the second floor they have completely rebuilt and installed 3 stew windows They ltavc replaced the siding on the north side of the house around the second floor windows Further they have also replaced the gutters on tle second floor with new ccipper gutters On the first Aoor they have cotnpletety rebuilt and replaced i windows also with brand new windows Today they are replacing a fourth window They have also done extensive work to the two front porches rebuilding and replacing much of them They have sanded and painted as they installed Orr Sunday July l7 2005 they replaced one of the basement windows in the front with a new window As I sit here dictating Mr White and tutrassistantt are now resandingrefinishing and painting tltc front porch floor aad preparing to install new front steps Leading tiom the root sidewalk to the front porch They are painting new siding some of which has already been installed some of which will be installed as soon as the paint is dry ne of the gentlemen is painting boards which will be installed tnmorrow Page 208 071805 MON 1533 FAR 3195880103 BITTER LAW 0 003 Mr White advises me that he and his workers have been here every day since the day they promised they would start the work 1 would urge the City stair ad any of the Council members who may wish to come up to this property and look at it at any time The work is moving ahead slowly but steadily The duality of work is absolutely outstanding The portions of the house that have now been finished are absolutely beautiful and the workmanship and quality is unsurpassed I believe that City staff could see that there have been dramatic changes made to the front and side of this house in the last 3 to 4 weeks Mr White assures me that they will continue to work on a daily basis Each day l can see progress being made The position of the City of Dubuque has been that over many years the City has bcen insistent that Mr White complete the work while the City patiently attempted to prod him into finishing the work I was not involved until recently and do not have the personal knowledge of the history of this residence as Mr White and many members of the City staff have i can tell you however that since Y have been involved significant progress has been made and is being trade on this house The City of Dubuque may well be justified in everr action the City has taken and is contemplatinb I can neither dispute nor agree but Ido know that at this time the house is being worked on regularly and progress can be seen on a daily basis When this house is finished it will be a magnificent specimen This house will be one of the nicest older restored homes in the City of Dubuque The inside of the structure has bcen extensively rebuilt 1 urge you to look at this property I flunk you will be astounded by the beauty of those portions of the residence that have now been rebuilt and restored You can see that work is ongoing on a daily basis I was advised today that the City Council has ott the agenda for this evenittg a Resolution authorising the City to commence eminent domain proceedings 1 cannot dispute that such actions may be warranted However know from my lifetime oC living in the City of nubuque that our City Administration is oat interested in flexing its muscle against Mr White but in achieving the larger community foals which would include in this instance a completion of the residence or if it is not to be cornpJeted tearing it down Ji think that those of you who examine this property will readily see that this structure is beautiful and of historic significance The residence was built in 1895 by Dr Shrenk In the year 1900 the house was purchased by a Dubuque family who were pioneers in the lurnber industry in this area They added the sidefront porch to the residence Ttefamily then moved to the State of Washington to continue the lumber business there The property has then passed into the hands of 3 or 4 other Dubuque families Mr White purchased the property in about 1989 and did extensive work completely restoring the inside of the house and doing extensive work to the outside of the house His house was included in the 1990 Old House Enthusiast House Tour There was a major fire to this house in the year 2000 fhe house was extensively damaged Since that time there has been a stru a with the City Fathers to get Mr White to restore tlebuilding That process is Page 209 071805 MON 1533 FAR 3195880203 BITTER tAR 1 now taking place By reputation John White is a master builder with superior cvnstructior knowledge and technique Again my suggestion is that the City of llubuque move slowly toward the taking of this property If the property is condemned or otherwise taken by the City its interested purchasers may wish to buy the house so it can be torn down Tbis would be a tra5ic loss for the City n any event X doubt whether any prospective purchaser who should happen to buy the house to complete tlae work will apply more tender loving care and attention to detail and quality of workmanship than is being bestowcci on this house at this time by John White In a previous letter I asked that any cepresentatives of the Gity take a look at this house to sae the progress that is now being made Mr White tells me that to his knowlcdseno one has been up to look at the house We provided Mr Whites cellphonc number that anyone interested could be given a tour of the house both inside and out Mr White advises me that he has not been contacted I have not been contacted in response to my previous letters Again 1 urge all the interested agents of the City of Dubuque to come by this house anct examine it It during the day Mr White wilt be working and will give you the tour and explain the progress that is made and the detailed plans that he has 11 in the evening you are welcome to come on the premises and look around Should you wish to call and contact JVir White he will Conte to the property and show you around inside and out If you do authorize the City to initiate eminent domain proceedings 1 ask that you exercise restraint and forbearance As tong as Mr White and his crew are working on this house the objectives of the City ofDubuque are being met The cninent domain proceedings can be put on hold and reinstituted at any time that the City determines lVlr White has abandoned his construction or stopped working on the project Tbis is a major reconstruction project It involves much fine detailed work This type of work proceeds at a much slower pace than other types of construction where superior quality is not the ultimate goal 1 think the prosiess has been significant We will be happy to forward you weekly reports on the progress of this house We hope the City will work with Mr White I for one will do everythiti in my power to eicourachim to cooperate fully with the Citys plans and directives Thank you for your consideration Very tnly yours 7o ph JJBkm6 cc Barry Lindalil Corporation Counsel 5831440 Cindy Steinhauser Assistant City Manager 5894149 David Harris Housing and Community Development Dept Director 5894244 Jerelyn OConnor Neighborhood Development Director 5894149 004 Page 210 071805 MON 1534 FAX 3195880103 BITTER LAW BITTER LAW OFFICES 16S LOCUST STREET pUBUpUH IOWA 52001fi910 Joseph J Bitter Thomas A Bitter o 80 Fus 5634660103 Also ioeKbhtlirals Chad yuvq rear July 18 2005 Officc ofthe City Manager ATTN Michael C Van Milliacn City Manager 50 W 131 St Dubuque IA 52001 VIA FAX 5894149 The Honorable Terrance M Duggan and Members of the City Council RE 409 Burch St John White Properry j005 Residonu Joe seznse Tons 563sB27515 On Wednesday July 13 2005 1 stopped at the house on Burch Street owned by John White By a previous letter I had indicated that Mr White promised to be working on this house every day I have gone by his house on an average of 3 to 4 days a week and there have been people working there The work is moving ahead slowly but steadily This man is an incredible craftsman That may be part of the problem He is so fussy and particular that he does the work so well that it takes a long time Nevertheless the work that he has completed to date is absolutely gorgeous I urge you to get up to see this house and see the progress that he is making I know the City is frustrated and has indicated an eagerness to move ahead with condemnation sei2ure or any other procedure available I fully understand however your continued patience would be greatly appreciated Thank you for your consideration Very truly yours Jo ph J itte J3Bkm6 cc Barry Lindahl Corporation Counsel 5831040 Cindy Steinhauser Assistant City 1Vlanager 5894149 David Harris HousinD and Community Development Dept Director 5894244 Jerelyn OConnor Neighborhood Development Director 5894149 Page 211 G71805 AON 1534 FAX 3195880103 BITTER LAti BITTER LAW pFFICES 185 LOCUST STREET DUBlIOUE IOWA 52001940 Joseph J Bitter Thomas A Bitter Alrro rreeraed In Illinoa CYart pwldnp in rear Office of the City Manager Dubuque Ciry Hall 50 W 13 Street Dubuque Iowa 52001 The Honorable Terry Duggan Members of the City Council Of toe 5U3688e6pB Fir 5635860103 June 21 005 RL 409 Burch Street John White Property Foos laesidenco roe 56ssszt7sa Tom 5635827545 Mr White and I toured the property on Tuesday June 27 2005 I know that this property has been the subject of ongoing discussions with the Ciry and that the City fathers have made a strong arument to the effect that the restoration of this property has taken far longer than it should Mr White gave me a tour of the house tie hxs done quite a bet of work to the house Naturally much more work is necessary 1 examined the work that he did and being familiar with the construction business I can see that whaT he has done is done exnernely well and far above Ctxle requirements He has a detailed plan which is extremely wail thouttl out and should result in a beautiful residence Ic hati purchased all the windows for the houae they are sitting inside the house and they arE top quality windows He tells me that he has all the kitchen cabinets purchased and paid for He tells me that he has purchased siding he has paid for the siding and taken delivery understand that there are yuestiorts about the constitutionality of the pending litigation and that the Ciry has decided to pursue a nuisance remedy against Mr White He tells me that starting IridayJune 24 005 he intends to be working on the house every single day all day with two helpers Ffe tells me that he will not take on arty other work until he has the house completely finished He tells me that he intends to slant by installicts the windows and putting the siding on the house This wi II be a major slap in the right direction The City cart make a point that even if t1M White has had the best intentions in the past they have not come to fruition 1 Izave visited with him tom time to time and each time I have encouraged him to move ahead with due speed to get this job finished Hr falls nee that he has had Page 212 71805 MON 1534 FAX 3195880103 BITTER LAt9 some health problems which are now over and tgatlie intends to devote his undivided attention to the completion ofthe house Idont think altyone disputes the quality of his work only the progress that he makes over a loft period oftime This is the suggestion that Imake to the City of Dubuque We know that the City is not interested in taking ovtr Mr Whites property The actions to declare his house a nuisance are deemed to be a last gasp effort to get somethias acconplished 17y suggestion is that if the Ciry will proceed slowly with the nuisance procedure the City might see significant ald rapid change in the property 11 Mr White truly intends to have three people working on the House fulltime commencing Friday June 24 2005 by the end of one week the City should be able to see significant progress ThIS llllght be an incentive For the City authorities to hold off another week At the end of the second week the Ciry might see significant progress again The Ciry could delay for another week hoping that each week will show rapid progress toward completion of this project Meanwhile the Citys representatives ara welcome to come on the property and inspect it at any time without obtaining prior permission Entry to the inside ofthe residence will be somewhat difficult because the doors are kept locked However daring the day when N1r White is working there he will show the Citys agents the property so they cansee what is happening Mr White has absolutely promised me that he will follow through 1 have encouraged this and Iwill continue to encourage it 1 would request that the City delay any further action for about a week and if Mr White has made sictlircant progress the City could delay action for another week Mr White can be reached by any of the Citys agents during the day without the necessity of contacting our office in advance His hoitephone number is 5831586 He tel Is me that ha can be reached on hiscell phone between 700 a m and 1000 p m at 5800957 Thank you for your consideration Very telly nun Jos J Bttt JJBlap cc Barry JindahlCorporation Counsel 5831040 Cindy Steinhauser Assistant City Manager 5894149 David Harris X3ousing and Community Development Department Diecior 5894244 Jerelyn OConnor Neixhborhood Development Director 5894149 City Manager 5894149 Ioo Page 213 rcrnoP DuB 30 August 05 To Michael Milligan MEMORANDUM City Manager From David Ha s Housing and Community Development Department Re John Whie 409 Burch Street At its 1 August meeting the City Council tabled action on condemnation of the John White property at 409 Burch Street in order to provide time to the owner to make progress on rehabilitation repairs The Council directed that this matter be placed again on the agenda for the 6 September meeting with a progress report The accompanying set of photos shows that Mr White has completed additions work The inspection report dated 29 August notes that four new windows have been installed Additional Tyvek wrap has been affixed to the exterior wall sheathing Some painting has been completed on the street side Work on installation of the copper gutter system has progressed And some windows have been removed and their openings prepped for new installations The inspectors and neighbors report that while Mr White and a anew of two men worked steadily on the house in early August work since then has been more sporadic k appears to have slowed considerably during the past couple of weeks The photos document that most of the work has taken place on the front street side of the house including quite a bit of detail work associated with the porch bay window and copper gutter system The rear of the home has been mostly untouched Areas of the rear and side exterior walls and the roof remain without siding or shingles with window openings boarded Page 214 Page 215 jjJ C J V Page 216 ltI l 1 Page 217 i1 1 f I I I 0 I Page 218 THE CITY OF DuB E MEMORANDUM October 27 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street Housing and Community Development Department Director David Harris is providingtheCityCouncilwithaprogressreportonrehabilitationrepairsmadebytheownerof 409 Burch Street I respectfully recommend that this matter be tabled until December 5 2005 Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Page 219 26 October 05 To Michael Van Milligen City Manager From David Harris Housing and Community Development Department Re Status report 409 Burch Street Additional progress has been made in restoring this property including North side of house is complete all windows and siding installed and paintedStreeteastsidecompleteexceptforfrontdoor South side is approximately 50 completed with all windows installed and some siding installed and painted West side has now been wrapped with Tyvek and all but one window installedRoofshinglesapproximately50completed Owner reports that he intends to have all required improvements completed byNovember Page 220 Page 221 Page 222 Page 223 Page 224 t a THE CITY OF DUB E MEMORANDUM December 21 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street Status Report Housing and Community Development Department Director David Harris is providing the City Council with a progress report on rehabilitation repairs made by the owner of 409 Burch Street I respectfully recommend that this matter be tabled until February 6 2006 1 Z Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Page 225 CITY OF DUBUQUE 10WA f MEMORANDUM r t 21 December 05 To Michael Va Milligen City Manager i From David Hrr s Housing and Community Development Department Re Burch Street status report An inspection performed on 20 December determined no additional discernible progress at the property at 409 Burch Street since the previous report Kathy Lamb reports that John White has informed her the weather conditions do not permit further work on the exterior of the building at this time Mr White also stated that he is now working on installation of a heating system Page 226 Page 227 1 w r Page 228 Page 229 r F a s 1 y iSt rei1 yt jaw iY q J 1 F 1 rr if i1 r l f r a t IomeWitp i 4 t y P 1 r Page 230 THE C3TY OF DuB E MEMORANDUM November 29 2005 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street Status Report Housing and Community Development Department Director David Harris is providingtheCityCouncilwithaprogressreportonrehabilitationrepairsmadebytheownerof 409 Burch Street E respectfully recommend that this matter be tabled until January 3 2006 Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Page 231 CITY OF DUBUQUE iowA MEMORANDUM r sty t 29 November 05 To Michael a Milligen City ManagerJFromDavidHarnsHousingandCommunity Development Department Re Burch Street status report The property at 409 Burch Street owned by John White was again inspected on 28 November The attached photos show subsantial progress Remaining work includes the rear of the roof rear roof soffit and sidinglpainting on sections of the south and west rear sides of the structure The inspection report notes that the owner intends to build a porch addition on the south side which explains why tha section of siding has not yet been installed att Page 232 Page 233 Page 234 Page 235 Page 236 t THE CITY OF DUB E MEMORANDUM January 24 2006 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street Housing and Community Development Department Director David Harris advises that there appears to be no progress on the property at 409 Burch Street since the December 21 2005 memorandum to the City Council where the matter was tabled until February 6 2006 Taking into account the weather i respectfully recommend that this matter be tabled until May 20 2006 V u Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Hams Housing and Community Development Department Director Rich Russell Building Services Manager Page 237 i THE CITY OF DuB E MEMORANDUM To Mike Van Milligen City Manager From David Harris Housing and Community Development Department Re Status Report 409 Burch Street This memo is to inform you that no additional progress has been made to the property located at 409 Burch Street since the East status report n Page 238 Page 239 Page 240 J I I i i I I it 11 Page 241 r Page 242 TiiECITY OF Dus E MEMORANDUM May 11 2006 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street I respectfully recommend hat the agenda item for 409 Burch Street be tabled until the June 19 2006 City Council meeting Ll Michael C Van Milligen MCVMjh Attachment cc Bany Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Page 243 TFIB QYOP DuB E MEMORANDUM 25 April 06 To Michaan Milligan City Manager From David Hams Housing and Community Development Department Re 409 Burch Street At its 3 January 06 meeting the Council tabled further action on this property until May On 24 April Housing staff inspected the home and filed the following report on observable progress noted since the previous inspection John White reports that he has refinished thefront door and will be installing it shortly He has completed some plantings in the front yard space Other than the door the street side of the house is completed The north side is mostly completed The south and west sides of the house remain without siding with roof eaves open The rear section of the roof is without shingles Mr White assured the inspector that he intends to be working steadily on the exterior of home weather permiting Page 244 f tr I AoJir H Page 245 Page 246 Page 247 il Page 248 THE CITY OF DuB E MEMORANDUM June 15 2006 TO The Honorable Mayor and City Council Members FROM Michael C Van Milfigen City Manager SUBJECT 409 Burch Street I respectulyrecommend that the agenda item for 409 Burch Street be tabled until the July 17 2006 City Council meeting 1 Cy C Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Hams Housing and Community Development Department Director Page 249 1t G1TY OP Dus E MEMORANDUM Date June 14 2006 To Michael Van Milligan City Manager From David Harris Housing and Community Development Department Subj 409 Burch Street An update on the progress of the John White Street Property on 409 Burch is as follows 1 Preparation work is underway to lay driveways on both the north and south sides of the house 2 New stone retaining walls and stairs have been done on the north side front 3 Roofing on the back half of the house has been compleed as welt ason the south side porch 4 Wood floors have been completed inside Due to the recent raining weather it was too wet to work outside 5 Lots of larxiscaping and plantings have been done outside 6 The upstairs bathroom and a bedroom have been completed upstairs in preparation for moving in next month Prepared by Kathaleen Lamb Senior Housing Inspector Page 250 I Page 251 I t I i Il 1 Page 252 Page 253 Page 254 v THE QIYOF DuB E MEMORANDUM July 12 2006 TO The Honorable Mayor and City Council Members FROM Michael C Van Miiligen City Manager SUBJECT 409 Burch Street Progress is being made on 409 Burch Street and I respectfully recommend this be tabled until the September 18 2006 City Council meeting z Mic ael C Van Miiligen MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Hams Housing and Community Development Department Director Page 255 rairpP Dvs MEMORANDUM Juiy 11 2006 To MichaaVan Milligan From David Hams Housing and Community Development Director Subject 409 Burch Street An exterior inspection was completed July 1 2006 of 409 Burch SVeet and the following work has been done since the last report to council Landscaping and stonework has been done Flooring and walls are being worked on in the interior Grading and preparation work has been done for the driveway As soon as weather permits the driveway will be poured Exterior items that are still needing to be done are as follows The back quarter of the roof is covered with roll sheeting but is not shingled There seems to be little change on the west and south sides of the property since the fast report to Counal Mr White states that he has been spending most of his time on the interior working on a bathroom and bedroom space so that he can move into the unit Mr White also states that he has been working ofF site on other projects so as to have some money to finish 409 Burch Street See attached photos of 409 Burch Street Prepared by Kathaleen Lamb Senior Housing Inspector Page 256 tf ft I t I I I III Page 257 Page 258 t O l 1 flJ r I I ltfIIi IIIIlUi Page 259 Page 260 THE CITY OF DUB E MEMORANDUM September 8 2006 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street I respectfully recommend this be tabled until the October 16 200fi City Council meeting MCVMjh Attachment cc Barry Lindahl Corporation Counsel Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Page 261 CITY OF DUBUQUE IOWA MEMORANDUM 5 September 06 To Michaea Milligen City Manager Erom David s Housing and Community Development Department Re Status report 409 Burch Street Since the last report to Council there has been no discernible additional work completed on the property at 409 Burch Street A call to John White revealed that he fell a couple of weeks ago and has been on crutches He hopes his physician will release him for work in the next couple of weeks We have not been advised of a schedule for completion of the remaining work as had been requested by your office Enclosed are photographs taken as of this date Prepared by Kathleen Lamb Senior Housing Inspector Page 262 f t O 6lsrItat7y h sz a r Lr r r so Ur 1 S C1 ti f O w 7 o n y l n c q5 Page 263 C h rL C r t G Q rG S u vC fi aD753s e T h f I a y r S Aoo Q lsf2 S k t c o Q P o t c L 1 o cv 2 v t c t s o rp c t Ll 7 q 2 5 G f S o T i r lu rr P n S Ct C c l y i S P ti j 1 5 6t7 L On t ye Yr r GiInq S L coy 7 1G o Page 264 j i Page 265 Page 266 Page 267 Page 268 THE CITY OF DUB E MEMORANDUM October 12 2006 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT 409 Burch Street The owner of 409 Burch Street John White has made improvements to his property over the last several months However lately progress has slowed significantly I respectfully recommend that this item be tabled until November 6 2006 to allow time for City staff to visit with Mr White to help determine a course of action for the City G i Michael C Van Milligen MCVMksf Attachment cc Barry IindahlCity Attorney Cindy Steinhauser Assistan City Manager David Harris Housing and Community Development Director Page 269 7ECTCY OP DuB MEMORANDUM October 9 2006 To Mich el C Van Milligan From David is Housing and Community Development Director Subject 409 Burch Street John White has been released back to work and has been focusing on the exterior Getting the stonework finished he hauled in a few tons of dirt to grade the side and back yards and driveways They plan to lay sod in the next couple of weeks According to the time schedule submitted to you by John White on Sept 7 2t06 John stated that he would complete the remaining work according to his proposed schedule 1 Final installation of exterior door and last 2 windows would be completed by 9 2506 This has not been completed 2 Final installation of exterior roof trim soffit treatment and copper gutters by 10 022006 This has not been completed 3 Final installation of exterior rails and other porch decorations by October 23 2006 This has not been completed 4 Final grading of driveway and installation of concrete curb and drive Installation of decorative limestone retaining walls on the south side of the property by November 6 2006 This is partially underway at this time See attached photos of 409 Burch Street Prepared by Kathaleen Lamb Senior Housing Inspector Page 270 Page 271 Page 272 Page 273 Page 274 THE CtTY OF DuB E MEMORANDUM October 30 2006 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT Status Report 409 Burch Street I respectfully recommend this be tabled until the December 18 2006 City Council meeting which 1 would anticipate to be the end of the outdoor construction activity for the season The progress on the building would be determined at that time Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl City Attorney Cindy Steinhauser Assistant City Manager David Harris Housing and Community Development Department Director Page 275 I7EGTIYOF DuB E MEMORANDUM 27 October 06 To Michael Van Milligen City Manager From David Harris Housing and Community Development Department Re Status report 409 Burch Street I met with John White at the site on 20 October He explained that he had lost significant time on the project due to a fall which resulted in torn muscles and a cracked vertebra He is now working again on the property albeit in aphysicallylimited fashion The house is essentially completed on the front street and north sides Lacking on the front is installation of the entry door and railing system John states he has all the materials and intends to install them within a couple of weeks John is presently engaged in exterior drive and landscaping work He is building a stone wall along the south boundary line of the property and will be pouring a concrete parking slab at the curb cut He then intends to install decorative stone at the north side of the property and then pour a driveway along the north boundary all the way to the rear garages He likely will not complete the concrete work this season John states that with completion of all this stone work all the stones stored on the property will have been used and removed thus improving the appearance of the site He has made some progress on the rear of the property with all the windows installed and most of the siding and trim installed and painted The rear of the roof remains unshingled with sofht fascia and trim work incomplete in several locations Mr White assured me this work will all be completed this buildingseason It appears that our main concern assuming John will keep the schedule he promises is that the southwest comer and side of the home will remain incomplete This is because John intends to install a grand wraparound porch at this comer which must be built before the siding is installed Further footings must be dug and poured for the porchfoundationbeforeframingbeginsJohnsestimateisthatheporchwontbe constructed until next spring That means the white Tyvec vapor barrier will remain as the presenting exterior of that side of the home for likely the next fivesix months Page 276 You1 note that the schedule for completion of the exterior work submitted by Mr White in September made no mention of the comer porch or siding installation John also states that he intends to begin working on the interior of the home in the evenings with a schedule for occupancy by Thanksgiving I informed John that we are reporting on his work to the Council at each meeting and that sentiment has been expressed that his progress on completion of the exterior work has been less than satisfactory I urged him to comply with the schedule he has outlined as noted above and he assured me that wil be the case Page 277 Page 278 r ex f1 E fl oX 1 I 1 r rn lIr iIIirtt4j JIJIL Page 279 THE CITY OF DuB E MEMORANDUM December 74 2006 TO The Honorable Mayor and City Council Members FROM Michael C Van Milligen City Manager SUBJECT Status Report 409 Burch Street The owner of 409 Burch Street John White has not maintained the schedule of improvements on the home at 409 Burch Street that he committed to as part of this process but he has made significant progress With the arrival of winter I respectfully recommend that the Mayor and City Council table this item until June 4 2007 a Michael C Van Milligen MCVMjh Attachment cc Barry Lindahl City Attorney Cindy Steinhauser Assistant City Manager David Harris Housing and community Development Department Director Page 280 TFC77Y OP DuB MEMORANDUM December 11 2006 To Michael Vintt Milligan City Manager1FromDavidHamsHousingandCommunity Development Department Re Status Report 409 Burch Street 409 Burch Street is completed on the front street and north sides Lacking on the front is installation of the entry door and railing system When meeting with John White in October he stated that he had the materials on hand and intended to install them within a couple of weeks To date this has not been accomplished He has finished the new driveway on the south side of the building at Burch Street and has completed some new stone retaining walls This has been the work that has been completed since the last report to Council The rear of the roof remains unshingled with soffit fascia and trim work incomplete in several locations According to John it has been too cold recently to do much more outside so they have been working inside this building more often The work that remainsto be done is the southwest comer and side of the home This is because John intends to install awraparound porch at this comer which must be built before the siding is installed Further footings must be dug and poured for the porch foundation before framing begins Johnsestimate is that the porch wontbe constructed until next spring Accordingly the white Tyvec vapor barrier will remain as the presenting exterior of that side of home for the next four to five months According to a letter submitted by John White on Sept 7 2006 John stated that he would complete the remaining work according to this proposed schedule 1 Final installation of exterior door and last 2 windows would be completed by 9 2506 This has not been completed 2 Final installation of exterior roof trim soffit treatment and copper gutters by 10 022006 This has not been completed 3 Final installation of exterior rails and other porch decorations by October 23 2006 This has not been completed Page 281 4 Final grading of driveway and installation of concrete curb and drive Installation of decorative limestone retaining walls on the south side of the property by November 6 2006 This has been completed The driveway at the north side of the properly has not been hardurfaced Stone retaining wall work has been completed on that side of the house See attached photos of 409 Burch Street Prepared by Kathaleen Lamb Senior Housing Inspector Page 282 Page 283 r I I I I Page 284 Page 285 iL Page 286