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