Loading...
Building Conditions Report for Property at 3000 Jackson Street Copyright 2014 City of Dubuque Action Items # 8. ITEM TITLE: Building Conditions Report for Property at 3000 Jackson Street SUMMARY: Building Services Manager Todd Carr, Assistant City Attorney Maureen Quann, Assistant City Attorney Crenna Brumwell and Planning Services Manager Laura Carstens will present a Building Conditions Report for property at 3000 Jackson Street, a portion of the former Dubuque Brewing and Malting Company complex(a/k/a H&W Building). SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Presentation ATTACHMENTS: Description Type Report on 3000 Jackson Street Building Condition-MVM City Manager Memo Memo Staff Memo Staff Memo Legal Documents Supporting Documentation Building Dept docs A-J Supporting Documentation Building Dept docs K-Z Supporting Documentation Presentation Supporting Documentation THE CITY OF Dubuque DUB TENWinrkaCky 1111. Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Building Conditions Report for Property at 3000 Jackson Street Former Dubuque Brewing & malting Company Complex (H&W Building) DATE: August 31, 2016 Building Services Manager Todd Carr, Assistant City Attorney Maureen Quann, Assistant City Attorney Crenna Brumwell and Planning Services Manager Laura Carstens are transmitting a Building Conditions Report for property at 3000 Jackson Street, a portion of the former Dubuque Brewing and Malting Company complex (a/k/a H &W Building). The report provides historical background, code enforcement by the Building and Planning Services Departments, court enforcement by the City Attorney's Office, a response to the July 21, 2016 building collapse, a work plan to remove threat to public safety with estimated costs and timelines, and an overview of the City's code enforcement tools. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Todd Carr, Building Services Manager Maureen Quann, Assistant City Attorney Crenna Brumwell, Assistant City Attorney Laura Carstens, Planning Services Manager THE CITY OF Dubuque ftk-r-fty- A DUB E A11-America City 1 Masterpiece on the Mississippi 2007•2012•2013 MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Todd Carr, Building Services Manager Maureen Quann, Assistant City Attorney Crenna Brumwell, Assistant City Attorney Laura Carstens, Planning Services Manager SUBJECT: Building Conditions Report for Property at 3000 Jackson Street Former Dubuque Brewing & Malting Company complex (H &W Building) DATE: September 1, 2016 INTRODUCTION This memorandum transmits for City Council review, as requested, a Building Conditions Report for property at 3000 Jackson Street, a portion of the former Dubuque Brewing and Malting Company complex (a.k.a. H &W Building). Supporting documentation is enclosed. This report will provide historical background, code enforcement by the Building and Planning Services Departments, court enforcement by the City Attorney's Office, a response to the July 211 2016 building collapse, a work plan to remove threat to public safety with estimated costs and timelines, and an overview of the City's code enforcement tools. HISTORICAL BACKGROUND The Dubuque Brewing and Malting Company complex is a collection of buildings constructed primarily of red brick between 1896 and 1934 at the northeast corner of Jackson and 30th Streets. Small additions were made in the 1940's and post-1950. City directories identify the following tenants in the buildings (this list is not all inclusive): 1908-1912: Dubuque Brewing & Malting Company 1921-1925: Corn Belt Packing Company 1934: Julien Dubuque Brewing Company 1942: H&W Motor Express Company, Dubuque Storage and Transfer Company 1948: H&W Motor Express Company, Couler Valley Warehouse Company 1948-1955: H&W Motor Express Company 1950-1980: Dubuque Packing Company Storage 1957: Dubuque Storage and Transfer Company 1981: H&W Motor Express Company The complex is composed of a north and south half. • The north half, 3040 Jackson Street, was purchased for $75,000.00 by LK Development & Storage LLC on December 15, 2005. The back portion is leased to Prairie Farms for repair of their refrigerated trailer. The remaining portions are leased for storage. • The south half, 3000 Jackson Street, was purchased for $35,000.00 by Jim Krueger d.b.a. Auto & Truck Parts Inc. on June 2, 2005. His vehicle salvage business has ceased. A portion of the structure has collapsed, and has been deemed a threat to public safety. Designations & Evaluations The brewery complex was listed on the National Register of Historic Places in 1977, but subsequently was de-listed in 1978 because of procedural errors. The complex is considered eligible for the National Register and potentially could be eligible for Historic Tax Credits. Attached is an Iowa Site Inventory Form that evaluates the historical significance of the complex completed in 2015. The buildings are located in the Brewery Neighborhood Conservation District established on November 21, 2005. The Conservation District prevents the building from being demolished in whole or in part without first obtaining approval from the Historic Preservation Commission or without the direct order of the Building Official if the building is declared unsafe. That declaration and order cannot happen without a written report to that effect from a licensed engineer. The Dubuque Brewing and Malting Urban Renewal District was created on September 2, 2008, to offer incentives for expansion at the Dubuque Stamping Company, as well future incentives for the redevelopment of the former brewery complex. It was amended on June 3, 2013. The complex is located in a Community Development Block Grant (CDBG) eligible target area. The City's brownfield assessment consultant, HR Green Inc. is preparing a Phase I Environmental Site Assessment for the complex. CODE ENFORCEMENT Enforcement of City codes and ordinances is conducted in accordance with the attached Administrative Policy No. 6.02 "Citing Municipal Infractions" updated Sept. 25, 2015. BUILDING CODE ENFORCEMENT The following information is the Building Services Department's chronological code enforcement at 3000 Jackson Street beginning in 2008 until the present time. Attached Document A Dated 05/08/2008: The Building Services Department contacted Mr. Krueger on May 8`h of 2008.The letter requested the south exterior wall of 3000 Jackson be addressed and repaired due to a visual inspection which was performed by the Building Inspector. The inspector noted missing bricks, loose bricks and a bubble in the exterior wall that needed to be repaired. The City also offered financial assistance through the Historical Revolving Loan program at that time. Additionally the letter offered the idea or concept of considering the creation of an Urban Renewal District that would allow the use of tax increment financing for projects at this property. The deadline for the repairs to be completed for both properties was July 31'`, 2008 on this initial letter. 2 Attached Document B Dated 09/10/2008: The Building Services Department sent a letter on September 10`h, 2008 requesting the owner allow them to conduct an interior and exterior inspection of the property. The letter also stated the City had included this property in an Urban Renewal District and to contact Economic Development Department for more information. The letter requested a response within five business day. Attached Document C Dated 09/24/2008: The Building Services Department performed an inspection on September 17`h, 2008 with permission of the owner. This inspection was a full interior inspection of 3000 Jackson Street and also included a re-inspection of the south exterior wall. This inspection noted numerous holes in the roof and standing water on concrete floors dripping down to the lower levels. The exterior inspection again noted numerous areas in which mortar was missing between bricks, and missing bricks. In the report the owner told the inspector he had no intentions of repairing the roof and would not accept any loan funds from the City, but would possibly accept grants. Attached Document D Dated 10/22/2008: On October 22"' 2008 a letter was sent from Legal Department to Building Services Department in regards to a memorandum dated October 14`h 2008 for the recommended course of action on the Dubuque Malt and Brewing building. The Historic Preservation Problem Property Committee recommended the following courses of action to be taken and a letter to be sent out for 3000 Jackson and 3040 Elm Street. The following two items were requested by the Historic Preservation Problem Property Committee. An updated demolition by neglect letter be sent to the owners with a response by November 7th, 2008 to provide the Building Services Department with a timeline to bring the building up to code. If the timeline for repairs I s not submitted by November 7`h, 2008, the Building Services Department will begin issuing municipal infraction for each business day the building remain in violation of the code. If a timeline is submitted the property owners will be held accountable for that timeline. The letter was written and sent to the owner of 3000 Jackson requesting the above information be provided to the Building Services Department by November 7`h, 2008. Attached Document E Dated 03/06/2009: This letter was sent to the owner of 3000 Jackson Street and mentions all the repairs that were included in the all of the previous inspections and refers to the May 2008 and September 2008 inspections as well as the letter provided to the owner on October 24`h 2008 with the deadline of November 7`h 2008 for a timeline to be provided. This letter states a municipal infraction will be issued if corrective actions are not taken by May 1'`, 2009. Attached Document F Dated 04/22/2009: This letter was sent to the owner of 3000 Jackson Street and states due to a safety hazard caused from bricks fallen off the south exterior wall that the City is requiring you to properly barricade the sidewalk along 30`h Street and a portions of Jackson Street to protect the public from possible harm. 3 Attached Document G Dated 05/12/2009: This letter was sent to the owner of 3000 Jackson Street and states due to a safety hazard from bricks fallen off the south exterior wall that the City is requiring you to properly barricade the sidewalk along 30`h Street and a portion of Jackson Street to protect the public from possible harm. This letter also mentions there was a small fire in the Building, and due to the fire that had happened all windows will need to be secured properly. The due date on securing the windows is May 26`h, 2009. Attached Document H Dated 09/21/2009: This letter was sent to the owner of 3000 Jackson Street and again refers to lack of action for not setting up barricades and closing down the sidewalk as requested originally on April 22"', 2009. Additionally this letter also included an enclosed Municipal Infraction for not making the necessary repairs to the exterior walls and the roof which would refer back to the original letter from October 22"', 2008. Attached Document I Dated 11/02/2009: This is two copies of municipal infractions which were issued to the owner of 3000 Jackson Street for not making the requested repairs to the buildings that were previously requested in October of 2008. Attached Document J Dated December 12/17/2009: This document is for 3000 Jackson Street and is from the Historic Preservation Commission and is a Certificate of Appropriateness, Notice of Decision. This letter approved a loan in the amount of $11,500 dollars to replace the roof on the front portion of the building; work was to be done by a Contractor who is listed in the letter. The funds were never dispersed and no work was done on the roof at this time. Attached Document K Dated 08/03/2010: This letter was sent to the owner of 3000 Jackson Street explaining a court order had been entered into on May 26`h, 2010 to correct the violations by August 25`h 2010 or else the City reserved the right to enter the property and make the necessary repairs than assess all cost to the property owner. Attached Document L Dated 03/01/2011: This letter was sent to the owner of 3000 Jackson Street on March 1'`, 2011 reminding the owner of the Court Order and the deadline which was missed on August 25`h, 2010 to complete the repairs. This letter provided the owner with another deadline of March 31t, 2011 to complete the repairs or the City will hire the work to be done and assess the cost to the property owner. Attached Document M Dated 04/21/2014: This letter was sent to the owner of 3000 Jackson Street stating the Building Services Inspector along with a staff member from the Engineering Department performed a visual inspection of the south exterior wall. This letter addresses the concern for the public safety due to the visible condition of the south exterior wall. The letter states the City had fenced off the south side of the property to prevent injury to pedestrians and or damages to vehicles and states the owner will be charged for the signs, barricades, and rental fees of the equipment. The letter also requests an Engineer provide an analysis of the needed repairs within 30 days of this notice. The letter also requests a timeline to be provided to the City to make the necessary repairs upon completion of the analysis. 4 Attached Document N Dated 08/01/2014: This is an Engineers report done by IIW Engineering which was requested by the Building Services Department to perform an exterior visual inspection of the south exterior wall at 3000 Jackson Street. The report mentions multiple issues in certain locations on the south exterior wall, and mentions a few specific areas that need to be addressed immediately and warrant further investigation. This report was done only by means of an exterior inspection observing the condition of the south exterior wall from the Public Right of Way. No invasive techniques were used, nor samples taken for off-site evaluation. Attached Document O Dated 10/23/2015: This is a municipal infraction sent to the owner of 3000 Jackson Street requesting him to complete all repairs to the structure and make it weathertight and safe and continue to maintain the exterior of the building. If owner is unable to maintain the building the owner should take action to divest itself of the building. The Court Date of December 2"', 2015 was set. Attached Document P Dated 10/29/2015: This is an internal letter from Public Works Department to the Building Services Department providing a cost for services provided in the form of fencing and road barricades which the City installed along 30`h Street and Jackson Street to increase the size of the safety parameters around the structure. Inspection Performed No Letter Sent to Owner Date: 11/24/2016: The Building Services Department and the Engineering Department performed an on-site inspection of 3000 Jackson Street. The inspection was a visual inspection of the interior and exterior portions of the Building with the permission of the owner. The conclusion of the inspection detailed multiple areas of concern in regards to the structural integrity of the building on both the interior and exterior portions of the building and warranted further investigation would be needed an Engineers Report to determine the extent of the repairs and stabilization work that would need to be done to make the building safe. Attached Document Q Dated 12/02/2015: This is a Court Settlement Agreement for 3000 Jackson Street and Jim Krueger from the municipal infraction issued on 10/23/2015. This agreement ordered that the defendant must; Cease all operations and salvaging by 12/09/2015, seal all emergency leaks by 12/23/2015, Submit proposed schedule of repairs to the city of Dubuque Building Department by 01/06/2016, compete all repairs in accordance with the repair schedule that is approved by the Building Department, and Before resuming lawful business operations must get water to building and submit the premises for re-inspection by the city of Dubuque, including but not limited to representatives from its Building Services, Engineering, and Planning Services Departments, OR the Defendant can present signed purchase agreement by 01/31/2016, then Defendant will no longer need to comply with repair schedule. Attached Document R Dated 01/11/2016: This is a revised Purchase Agreement between Prescott LLC and Mr. Krueger for the purchase of the building located at 3000 Jackson Street sent to the City from Flint Drake Law office. In this agreement there are many contingencies the owner is responsible for, and during the Due Diligence Period of the Purchase Agreement Mr. Krueger is still the responsible party for this building, and enforcement procedures continue to be pressed on Mr. Krueger. The Due Diligence Period of this Purchase Agreement ends on December 1�`, 2016. 5 Attached Document S Dated 01/26/2016: This is a hand written letter and brief sketch of proposed roofing work to be done by Mr. Krueger the owner of 3000 Jackson Street in regards to replacing the flat roof on the front section of the building known as the towers. The Building Services Department issued Mr. Krueger a Permit to replace approximately 3000 square feet of flat roof on the front section of the building. Attached Document T Dated 03/28/2016: This is a letter sent to Mr. Krueger the owner of 3000 Jackson Street. This letter was written after a field inspection was conducted on March 25`h, 2016 by the Building Services Department. Through use of a ladder truck supplied by the Fire Department, the Building Services Department performed an inspection of all roof planes on the entire building. This field inspection also involved portions of the interior of the building which were accessible to get to and safe enough to enter. The rear portion of the building known as Section B had a small collapsed section of roofing which had fallen onto the floor below, the exact date of this portion collapsing is unknown. This letter states the immediate concern for public safety and request a Professional Engineering report be done on the entire building including safety parameters in regards to size and location of fencing that may be needed to protect the public from endangerment. This letter also revoked the existing roof permit which was issued to the owner on January 26, 2016 due to the extent of structural work and stabilization that must be performed prior to any roofing material being installed or workers entering the building. The Building was also posted Unsafe to Enter and placarded on March 25`h, 2016. The owner was requested to turn in the Required Engineering report to the City of Dubuque by April 30`h, 2016. This report was requested first and foremost to prevent any possible harm to the public in the form of a structural failure. Additionally this report is necessary to provide the City and the Owner with a clear path of what steps need to be taken not only to remove the public endangerment piece, but also how to stabilize and repair the structure prior to installing any roofing materials or other forms of repair work. Both public safety and workers safety hinges on the required Engineering Report. Attached Document U Dated 05/19/2016: This letter is a Notice of Violation sent to the owner for not submitting a Structural Engineering report to the Building Services Department by 04/30/2016. This Notice of Violation was delayed twenty days due to the Engineering firm which Mr. Krueger had contacted was in the works of preparing a proposal for the scope of work to be done and cost of services. The Building Services Department was contacted by separate firms working on this proposal. The Notice of Violation was issued when Mr. Krueger received the proposals for services from the firms but failed to enter into a contract with a firm. Attached Document V Dated 06/15/2016: This is a municipal infraction issued to the owner of 3000 Jackson Street 30 days after no response from the above Notice of Violation which requested a Professional Engineering report be submitted to the Building Services Department. The Court date for this municipal infraction was set for 08/03/2016. The goal in issuing the municipal infraction would be to receive a Court Order allowing the City of Dubuque to order the Engineering Report to be completed and assess all costs to the owner. Date: 08/03/2016 Mr. Krueger appeared in Court and admitted the violation of not submitting an Engineering Report to the City. He agreed to a court order requiring that he produce, by August 8`h, 2016 at 6 10:00 AM, an executed contract for the demolition of the collapsed part of the building or the stabilization and repair of that part of the building. The court order also required that the threat to public safety must be eliminated by October 5`h, 2016. No fine was requested because the City intended any available funds to be used for the demolition, repair, and stabilization of the building. Attached Document W Dated 08/29/2016: This is a municipal infraction issued for creating, maintaining, and continuing a public nuisance arising from the collapses of the building and the continued lack of demolition, clean-up, repair and stabilization of the building after those collapses. An initial appearance in Court is set for September 14`h, 2016. The Building Services received a phone call on the morning of August 29`h, 2016 with a report of a further internal collapse. Upon investigation from the exterior of the building on the south side along 30`h Street, a confirmed collapse of brick off the exterior wall had happened. The cause of this exterior brick fallen off is yet to be determined based on needing aerial photos through the use of a drone. This work was ordered to be done on August 29`h, 2016 along with another Engineering Report as to the extent of this collapse. ZONING CODE ENFORCEMENT The Planning Services Department had two zoning code enforcement cases involving junk vehicles at 3000 Jackson Street. Case One: 10/30/2014 to 01/05/2015 Notice of violation issued 10/30/2014 for inoperable and unlicensed vehicles, auto parts and tires; ordered to cease illegal auto salvage by 12/05/2014. Extensive progress made; deadline extended to 01/05/2015 due to employee injury. Mr. Krueger complied by deadline and established practices to maintain compliance, including recurring inspections by Zoning staff. Case Two: 10/23/2015 to 01/13/2016 Municipal Infraction served 10/23/2015 for unlicensed vehicles, auto parts and auto salvage; court date set for 01/08/2016. Court order set compliance deadline of 01/15/2016. Inspection of front courtyard indicated salvage vehicles and parts removed by 01/13/2016. COURT ENFORCEMENT City enforcement occurs on two levels: enforcement and court. Initially, departments work with property owners to identify code violations and necessary repairs. If a department determines that a code violation still exists after working with a property owner, a department enforcement officer issues a municipal infraction (MI). An MI is a civil citation, not a criminal charge. A copy of the MI is given to the City Attorney's office, filed with the court, and an initial appearance is scheduled. At the initial appearance, the property owner meets with a representative from the department issuing the MI and the City Attorney's Office. A property owner is generally presented with two options: 1) admit the violation and agree to a remedy sought by the department; or 2) request a hearing to contest the MI. If a property owner admits the violation at the initial appearance, or is found guilty after a hearing, a court order is obtained mandating repairs to the property. Departments then follow- up to ensure the violation is abated, meaning the repairs are made in compliance with the court 7 order. If the violations are not abated, departments contact the City Attorney's office to pursue an application for contempt of court or to issue another MI. If work is reasonable in scope and dollar amount, the City sometimes requests authority from the court to enter the premises, perform the work, and assess the cost of that work to the property, if the property owner fails to complete the work. Building and Planning Services have prepared the following MIs for Jimmy Krueger and/or his business, Auto & Truck Parts, Inc.: • Case No. Not Assigned: Building Services issued an MI under City Code section 14-3-1 on September 21, 2009 to Auto & Truck Parts, Inc. for failure to repair an unsafe building related to bricks falling off the exterior and failure to provide protection for pedestrians from those falling bricks. Although this MI was issued, it does not appear in City Attorney's Office court records or in the Iowa Courts Online database, indicating that it was not given to the City Attorney's Office or filed with the court. • Case No. 01311DUCICV066865: On November 1, 2009, Building Services issued an MI under City Code section 14-3-1 for failure to repair an unsafe building related to bricks falling off the exterior and a leaking roof. This MI is identical to the MI that was issued but not given to the City Attorney's Office or filed with court in September, 2009. After requesting several continuances, Mr. Krueger appeared on May 23, 2010, and admitted the violation. The resultant court order stated: "Defendant shall repair exterior brick, roof, and prevent water infiltration. If defendant fails to make repairs by August 25, 2010, the City will be authorized to repair the property and assess the cost to the defendant and property." A$750.00 fine was imposed. On August 3, 2010, the City mailed a letter to Mr. Krueger notifying him that if repairs were not made by August 25, 2010, the City would enter the property, make the necessary repairs and assess the cost to the property. No further documents were filed to this case. It is unclear whether the repairs were made by Mr. Krueger after receipt of this letter. • Case No. 01311DUCICV103711: On October 23, 2016, Planning Services issued an MI to Auto & Truck Parts, Inc. for operating an illegal salvage yard and illegal outside storage of inoperable vehicles and vehicle parts under City Code section 16-5-18-1. Mr. Krueger appeared on behalf of Auto & Truck Parts, Inc., admitted the violation, and agreed to abate the violation on or before January 15, 2016. A$750.00 fine was imposed. Salvage operations ceased and the property was cleaned on or before January 15, 2016 in compliance with the court order. Auto & Truck Parts, Inc. obtained a payment plan from the court for the judgment. According to a lien search for the property, approximately $385.00 remains unpaid on the judgment. • Case No. 01311DUCICV103712: On October 23, 2016, Building Services issued an MI to Auto & Truck Parts, Inc. for demolition by neglect under City 8 Code section 16-10-5(B), as evidenced by a partial roof collapse, falling brick, deteriorating mortar joints, and uncovered window openings. Mr. Krueger appeared on behalf of Auto & Truck Parts, Inc., admitted the violation, and agreed to a court order that required him to cease all business operations in the building, seal all emergency leaks, provide a repair schedule to Building Services for approval, and then adhere to that repair schedule for the building. Alternatively, if Mr. Krueger sold the building, he would no longer need to comply with the court order. The court order further stated that if Mr. Krueger breached the order, judgment would be entered against Auto & Truck Parts, Inc. and a $750.00 fine would be imposed. Mr. Krueger entered into a purchase agreement for the building which provided a due diligence period until December, 2016. Although not in compliance with the dates set forth in the order, in the interim, Mr. Krueger began planning work on the emergency repairs and other work detailed in the order. During this time, Building Services grew increasingly concerned about the stability of the building and obtained an overhead view of the building. With this new perspective, Building Services deemed it unsafe to order workers in the building until further investigation by a structural engineer occurred. The City halted work on the building and did not demand further compliance with this particular court order. • Case No. 01311DUCICV104821: After halting work, Building Services immediately ordered Mr. Krueger to provide a structural engineering assessment of the building. When Mr. Krueger failed to do so, Building Services issued an MI on June 15, 2016 and engaged IIW P.C., to perform a structural assessment of the building. On August 3, 2016, Mr. Krueger appeared, admitted the violation, and agreed to a court order requiring that he produce, by August 8, 2016 at 10:00 a.m., an executed contract for the demolition of the collapsed part of the building or the stabilization and repair of that part of the building. The court order also required that the threat to public safety must be eliminated by October 5, 2016. No fine was requested because the City intended any available funds to be used for the demolition, repair, and stabilization of the building. In the interim period between the issuance of the citation and Mr. Krueger's initial appearance, the first collapse occurred in the middle portion of 3000 Jackson Street. The middle portion experienced a second collapse on August 29, 2016. Mr. Krueger failed to produce an executed contract by August 8, 2016 and continues to fail to produce such a contract. On August 22, 2016, the City filed an application for contempt of court against Mr. Krueger. An initial appearance is scheduled at 8:30 a.m. on September 6, 2016 at the Dubuque County Courthouse. A show cause hearing will take place sometime after the initial appearance. • Case No. 01311DUCICV105029: On August 29, 2016, Building Services issued an MI to Auto & Truck Parts, Inc. for creating, maintaining, and continuing a 9 public nuisance arising from the collapses of the building and the continued lack of demolition, clean-up, repair and stabilization of the building after those collapses. An initial appearance for this MI will occur at the Dubuque County Courthouse on September 14, 2016. The building is encumbered by liens: two mortgages, two outstanding judgments and six unpaid special assessments for delinquent water, sewer, refuse, and stormwater accounts. The combined 2016 pre-collapse assessed value of the two parcels that comprise 3000 Jackson Street is $69,018.00. As Case Nos. 01311 DUCICV104821 and 01311 DUCICV105029 proceed, the City has the following options: • Imposition of fines. City Code and Iowa law authorize fines in the amount of $750.00 for a first offense MI and $1000.00 for second and subsequent offense MIs. • Court orders ordering Auto & Truck Parts, Inc. to perform demolition, stabilization and repair on the building. • Assessment of the City's abatement costs related to the public nuisance, including but not limited to, the costs of removing or eliminating the public nuisance, the cost of investigation, title searches, inspections and testing, the cost of notification, court costs and administrative costs. The City will assess its costs against the property for the lien search and work performed by IIW P.C., if the City prevails with the MI for public nuisance. However, given the magnitude of the cost of abatement of this building, the City has not previously requested the Court's permission to perform the demolition, stabilization, and repair and assess those costs against the property. Factoring in the assessed value, the encumbrances against the property, and the cost of abatement, it is possible that the City might never recover those abatement costs. Liens of that magnitude against the property could also impede the transfer of clear title in a potential sale of the property. Attached for your reference are copies of the MIs and the application for contempt. RESPONSE TO BUILDING COLLAPSE Internal Collapse 07/21/2016: The City of Dubuque was contacted around 10:00 AM on 07/21/2016 by a citizen who reported there was an internal collapse which took place at 3000 Jackson Street. The Building Services Department responded immediately by performing a visual inspection around the perimeter of the property. The Building Department immediately contacted the Cable/TV Department to perform an inspection from above the building on the bluff from Brunswick Street by use of a long range lens and camera to capture footage and pictures of the interior section which collapsed. The Building Services Department immediately contacted the Engineering Department and Public Works Department and had a meeting at approximately 11:30 AM to view the pictures and discuss a plan of action to close 30`h Street and notify the adjacent property owners of the situation. The Street was closed off immediately and adjacent property owners were notified by City Staff of the collapse and the imminent danger the perimeter of this building posed. 10 The City of Dubuque contacted the Engineering firm to meet us on site the afternoon of July 21't, 2016 to perform a visual inspection and report as to the condition of the structure located at 3000 Jackson Street and to confirm the safety zone that needed to be set-up to protect the public from any possible harm. The Building Services Department has continued to work with adjacent property owners since the collapse providing them with information and details of what steps we are taken to mitigate the threat to the public. We have worked with Bob Grau, of Bob's Auto to make sure his business can remain open and his customers are able to access his business throughout the duration of the street closure. The Building Services Department performs routine inspections of the fenced off area to make sure the enclosure is good condition to keep the public safe. Since the collapse the Building Services Department has continued to move forward by requesting additional reports and investigations to be performed by the Engineering firm, as well as gathering information on proposed cost to remove the threat of imminent danger to the public. REQUIRED WORK PLAN ACCORDING TO THE ENGINEERING REPORT !,Uk \ - ` WK � 041�]R016' 1' Attached Document X Dated 07/29/2016: This is the first report which the City authorized without the owner's consent and according to our Local Ordinances which allow us to request these types of services on extreme emergency situations, such as a collapse. This report details the events of what possibly caused the collapse and areas of immediate concern for further collapse along with details of what needed to be removed or demolished and what potentially may be salvable in terms of the exterior walls. This report also confirmed that 30th Street needs to remain closed along with the public sidewalk on both sides of 30th Street and all private property between the City ROW and the building located at 3000 Jackson Street from Washington Street to Jackson Street to keep the public safe. This report was again shared and delivered to all adjacent 11 property owners surrounding the building located at 3000 Jackson Street within the area at risk of further collapse and informing them it is prohibited from use. Attached Document Y Dated 08/10/2016: This is the second report which the City authorized on August 5`h, 2016 and received from IIW Engineering as a follow-up report from the first report. This report was based on an extensive field inspection of the structure located at 3000 Jackson Street and is based on data collected by means of survey work completed on various structural members of the building, including exterior walls and foundation walls. The report was complete and submitted to the City on August 10`h, 2016. This report also identifies Asbestos containing materials within the building and declares that all materials being removed will have to be treated as contaminated due to unsafe working conditions not allowing removal of the Asbestos prior to the demolition process. This report additionally states that the exterior walls along section B of the building cannot be saved or salvaged and must be demolished and removed. This report stresses the fact that immediate action should be taken to avoid further collapsing of the structure. This report was ordered to provide the City with a starting point on how to put together a work plan to mitigate the public endangerment piece and also provide us with detailed information as what sections had to be demolished. This report was used to help generate the proposal for the demolition work as well as other remaining phases of the work that needs to be completed. Section B of the Building Attached Document Z Dated 08/22/2016: This is a proposal for demolition services to be performed at 3000 Jackson Street in accordance with the IIW Engineering Report which we had done. The scope of work includes completely removing Section B of the building as shown on the photo. This section of the building is approximately 60' wide x 144' deep, consisting of six stories for about 30', then the remaining 114' is five stories tall. This scope of work includes treating the entire sight as contaminated in terms of the Asbestos containing materials that were identified in the report. The regular cost per ton at the landfill is $45 per ton, contaminated materials are charged double that amount and would be $95 per ton. The total cost of labor, equipment, haul away, clean-up, and landfill fees is $159 per ton. There are approximately 4000 tons of debris to remove, the Total Cost would be between approximately$636,000. This projected time to complete the portion of the demolition work that would remove the public endangerment from further collapse would take between 1 Y to 2 Y weeks to complete. The remaining portion of the demolition project would take approximately 4 Y to 7 weeks to complete. Upon the completion of the demolition of Section B of the building, there will need to be three additional phases of work that need to be done in order to bring the remaining sections of the building into compliance to prevent any future structural issues or problems. Section A of the Building This is the front section of the building marked as A, this section is commonly referred to as the towers. This part of the building is approximately 60' wide x 30' deep and consists of six stories plus the two stories of towers above. Upon removal of Section B, Engineers can then go inside Section A and perform additional investigation work and produce a report as to what steps need to be taken to stabilize, repair, and make this section water tight in the interim of any renovation work beginning. This wall that adjoins to section B will also need to be reviewed by the Engineer 12 to determine how it may need to be stabilized, re-constructed, and made water tight as well. Due to the removal of the north and south exterior walls in section B, this part of the building will need an Engineer to evaluate the building for adequate lateral load resistance as well. We do not have any projected costs or time lines for the work that needs to be done on Section A, this will have to be determined upon the completion of additional Engineering investigation and report. Additionally the towers will also need to be inspected and possible stabilization work may be needed above and beyond what is obvious in the form of tuck-point work around the towers. Section C of the Building This portion of the building marked as C lies directly behind Section B and is approximately 60' wide x 32' deep and is six stories tall. This section of the building will require an Engineer to perform additional investigation and supply the owner with a report as to the repair work that may need to be done to the existing roof structure prior to the installation of a new roofing membrane. Additionally the wall that now adjoins section B will need to waterproofed, and may need some additionally stabilization work as well upon completion of the Engineers report. Section D of the Building This portion of the building is marked as D and is approximately 60' wide x 65' deep consisting of six stories. This portion of the building will only need an Engineer to confirm the existing concrete roof deck is in sound condition, upon approval of this report a new waterproofing membrane could be installed over the existing concrete surface. COMPARABLE PROPERTIES The size or magnitude of the property located at 3000 Jackson Street presents challenges that are very uncommon and extremely rare in terms of code enforcement. There are not a lot of comparable properties in the Midwest in terms of the architectural features in combination with the incredible size of this property when you look at the full complex including the connected portion of the building at 3040 Jackson Street. The four common buildings that could be used as comparable in size and the amount of financial resources needed to complete such a project would be the Roshek Building, Caradco, Novelty Iron Works, and the Dubuque Star Brewery. The Dubuque Star Brewery is similar in terms of front fagade of the building, the fact that it was constructed as a brewery, and the year of construction, however in terms of size or total square feet the two building are considerable different. The Dubuque Star Brewery project took $6.5 million dollars to complete. The Roshek Building is larger than 3000 Jackson Street when it stands along, however if you were to include the entire Dubuque Malt & Brewing Building as a whole the square footage would be closer. The Roshek Building took $39 million dollars to complete the entire project. The Caradco Building consists of 72 apartments plus 35,000 square feet of commercial space and this project ended up around $23 million dollars to complete. The Novelty Iron Works Building consist of 76 apartments and 34,000 square feet of commercial space and this project is going to take a minimum of $27 million dollars to complete. By using these comparable projects in terms of the financial resources used, and compare it to the purchase price in 2005 for the property located at 3000 Jackson Street, which was only $35,000 dollars, it clearly displays at the time of purchase this building was in need of serious financial resources just to stabilize and maintain the exterior of the building. Enforcement on the building located at 3000 Jackson Street could have been handled differently throughout the years, but all enforcement measures will reach a point they cannot go beyond. If the responsible party does not have the necessary resources in terms of skill, knowledge, equipment, or in this 13 case most importantly the financial resources available, then enforcement will be extremely challenging and more than likely will fail. The combination of the size of this structure, and lack of financial resources caused the enforcement efforts to fail. Enforcement Examples 3040 Jackson Street: This building is the other portion of the Dubuque Malt & Brewing complex which is connected to 3000 Jackson Street directly to the north. This property owner went through the same code enforcement process as the owner at 3000 Jackson Street and began in May of 2008 as well. The difference in this case is the owners of this property were willing to comply with the enforcement orders. Although this was a difficult process for them financially, they performed the work to come within compliance. They have installed new roofs, performed tuck-point work, boarding of windows, and many more repairs since they purchased the building and were willing to work with us through the code enforcement process. They additionally have turned the building around and successfully rent much of their space to Prairie Farms, and other tenants. They utilized their financial resources to comply with the Code Enforcement process and they continue to perform routine maintenance on this building even though it's extremely challenging due to the overall size and age of the building. 1025 Bluff Street: This property was left abandon and vacant for many years and was a struggle in terms of code enforcement. The property was originally built in the 1880's as a single family home for the Moore family. This building is over 5000 square feet and has suffered extreme lack of maintenance and care over the years. The code enforcement process on this building did not work due to lack of response from the owner who walked away from the property. As you know the City began to implement the Petition for Title process on Vacant Abandon homes in 2015. This is the process where the City Petitions the court for clear title to the property in lieu of the owner abandoning. This property although was taken free and clear is still going to be a challenge financially for the City. This is a smaller scale project compared to 3000 Jackson Street, however similar in how a building is negative or upside down in value but on a smaller scale. This property at 1025 Bluff needs extensive renovation work performed on both the exterior and interior, and in its current state this property this property is negative in value and could not be given away for free. The City of Dubuque Housing Department is working on getting RFP's currently to perform exterior work on the roofs, soffit, and fascia areas of the building. Once this work is complete the building then could be potentially marketed to the private sector to take over the project and continue on with the rehabilitation of the entire structure. The initial cost of making the roof repairs and other exterior items will not necessarily produce a positive value in terms of the dollar, however it will raise it above the negative zone where further investment could be recaptured. These are two examples of how the Code Enforcement process works and what options the City has when dealing with really tough problem properties. In the first case of 3040 Jackson the enforcement process worked, and the owner took on the financially responsibility. In the second case at 1025 Bluff enforcement did not work and the owner walked away from the property and abandon it due to lack of financial resources. However in the second case the City was able to utilize the Petition for Title process and capture the property. Although this is a positive it still presents a financial challenge for the City to either fully renovate the property or invest enough money to bring the property within a marketable state where private investors will then be interested. There are successful cases where the City has petitioned for title on properties and have not endured a loss beyond normal fees of title search, abstract, and basic yard or snow removal 14 fees. If the property is in a marketable state or is beyond rehabilitation meaning the property needs to be de-constructed, we have been able to RFP these properties and sell them. In terms of the sale, it generally is not a profit sale but the goal is to place these properties in the hands of a responsible owner who will invest their own money into the property to rehabilitate or de- construct it. Additionally when these properties are sold they have a 21-year covenant placed on them requiring it to remain an owner occupied residence. The Petition for Title process is an essential tool used when code enforcement fails due to lack of response from the owner, or lack of financial resources from the owner. However this tool can only be used to certain extent based on the funding available to be used after we take possession. Taking possession of a property only works if the property is in a state where it is marketable to a private investor, or within the City of Dubuque's financial parameters budgeted to take care of these properties. OVERVIEW OF CODE ENFORCEMENT TOOLS The City of Dubuque utilizes locally adopted City Ordinances and Codes when enforcing on residential and commercial buildings, as well as properties where no structures exist. The majority of the City Codes and Ordinances used by the Building, Planning, and Housing Department are located under Title 14 primarily, but also Title 6, 15, and 16 as well. The City of Dubuque recently adopted the 2015 International Property Maintenance Code on July 1'`, 2015 to replace pre-existing City of Dubuque Housing Code. The Building Services Department began to introduce the International I-Codes for residential and commercial properties in 2000, then slowly adopted the remaining I-Codes for mechanical, plumbing, and fire. With the current adoption of the 2015 International Property Maintenance Code this provides a better connection and tie between the Housing Department and Building Department in terms of enforcement. The I-Codes are composed to work together and simplify code enforcement for both parties involved, making it easier to interpret and understand while also streamlining the enforcement process for the Departments. The 2015 IPMC additionally covers quality of workmanship and refers to manufactures specification to help ensure repairs that are made are done correctly. Vacant/Abandon Properties: The Building Services Department works closely with the Planning, Health and Housing Departments to identify, assess, and enforce on vacant abandon properties. Once the property is deemed Vacant, the Building Services Department begins the process of sending out Notice of Violations to the owners informing them they will need to issue a Vacant Building License through our Department and have an inspection performed on both the interior and exterior of the property to make sure it meets the requirements of our code while it's vacant. Vacant Building Licenses cost $350 dollars and are good for one year. We started with a list of fifty-four properties in the spring of 2016, three were commercial properties and fifty-one were residential properties. Twelve have been removed from the list upon further investigation determining they were not vacant and indeed occupied. Fifteen properties have come forth and issued licenses and had inspections performed on them. Thirty properties are currently under further enforcement in terms of fines or municipal infractions being issued. 15 RECOMMENDATION Staff recommends that this information be transmitted to the City Council for presentation at the September 6, 2016 meeting. Attachments cc: Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing & Community Development Director Maurice Jones, Economic Development Director 16 E-FILED 2016 AUG 22 4:07 PM DUBUQUE-CLERK OF DISTRICT COURT IIUV, P.C. August 10, 2016 wwmiiwengr.com Todd Carr, Building Services Manager City of Dubuque ARCHITECTURE 50 West 13th St. CIVIL ENGINEERING Dubuque,to 52001-4805 CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING Re: Internal Collapse of 1-101 Building on July 21,2016 LANE)SURVEYING Report of Observations on August 5,2016 MUNICIPAL ENGINEERING IIW Project No.:t^0006-04 STRUCTURAL ENGINEERING TRANSPORTATICN ENGINEERING Dear Mr.Carr. This letter is a follow up report of our investigation and opinions regarding an internal collapse of the Dennis F.Waugh,PE1SE• former HV/building at Jackson and East 30th Streets after internal observations on August 5, Charles A.Cate,PE•• 2015.The collapse incorporated most of the internal 6th,5th,and 4th levels(previous report Gary D.Seikora,PE • referred to as 5th,4th and 3rd)between 60'and 130'east of the southwest comer of the building Michael A.Jansen,PEISE complex.The internal observations indicated additional internal partial collapse of an additional 60' TimothylJ.Tranel,PE' roof area east of the above limits that had occurred at some previous time to the most recent John F.N P. ebel, E PE collapse. James P.Kaune,PE Thomas J.Oster,PLS- Observation of the inside _ Wray A Childers,PLS K conditions have changed the -' x ,` GeoRr7 T.Blandin,PE categorization of salvageable _ Mark C-Jobgen,PE•- walls.The interior floor system on n .' ti:. _ Lauren N.Ray,PEtSE -- — Cody T.Austin,PE' the 4th leve[ holds the weight of Marc D.Ruden,PE the debris collapse above along ; 1 Mark R Fassbinder,ALA, the northerly side, but has z t Michael A.Ruden,NCAR9/AIA` several beams on the southerly ''`X _ ; Craig J.Eiskamp,AIA side which does not.support ' Eric J.Helminiak,PE/SE` debris are in the processof x = x Jeffrey J.Brandt,PLS collapsing, exhibiting 12"+ of Craig L Geiser,PLS deflection compared to adjacent' Adam J.Moria,PE David A.Leapaidt,AIA,CID` floor beams.All the interior levels Nathan W.Moller,PE have severely corroded steel beam or steel reinforcing components whose present capacity is Damian D.Baumhover,NCARt3tAIA unpredictable given some are in the process of failing. Nicholas A.Schneider,PE Christian J.Hendrie,AIA The interior levels all contain evidence of a minor,but significant amount of asbestos containing Eldon M.Schneider,PE materials that would have to be verified by testing,which include pipe insulation and cork insulation Whitney A.Lougheed,AIA* adhesive on many walls. Without extensive interior shoring,the necessary access and containment Jessica L Olson,NEARB/alA• Patrick R.Ready,P_ required to remove any asbestos materials cannot be installed safely given the current structural ,Nicholas M.Rettenbarger,AIA conditions.Given this consideration,all materials to be removed would have to be considered Christopher A.Becklin,PE contaminated for removal classification purposes. Courtney E.Wand,PE The interior floors appeared to have a slope,indicating settlement of the interior support columns •LEED AP relative to the exterior walls.Survey measurements taken August 8th indicate a relative settlement of 3"between the north wall and the first interior column,and a total settlement of nearly 8"between "Retire , the north and south walls,with all the interior columns showing more settlement than the differential PLABYTIF--F'S between the north and south walls.This settlement also provides a good explanation for the EXHIBIT extensive cracking of the first level stone fagade on the south side near the southwest comer of the building. 4155 Pennsylvania Avenue,Dubuque,IA 52002-2628 ♦[P[563.556.2464/900.556.4491 ♦ [F[563.556.7811 E-FILED 2016 AUG 22 4:07 PNI DUBUQUE-CLERK OF DISTRICT COURT Report of Observations on August 5,2016 August 10,2016 Page 2 of 2 The settlement movement appears to have also { E. resulted in a differential lateral displacement of the north exterior wall at the 1st supported floor level. 4�This displacement displacement is evident in cracking and : lateral displacement of the extecor pilasters, ��� >• '.�' approximately 6"over a 4'region of the pilaster at the worst location. This displacement also calls �, ;. IL into question the stability of the wall above the ..,F displacement at the 1st floor level. it b In our opinion, the state of imminent collapse of r other interior floor sections is representative of the - condition of the remaining floor conditions, Le- much e much of the remaining floor may collapse under its ovrn weight at any time and would require extensive shoring to provide safe access anywhere in the 2nd through 4th interior levels. The existing interior collapsed wall, floors, and roof cannot be safely accessed in order to remove interior contaminated and collapsed materials, and the only safe way to deconstruct the building is by exterior machine operations. This means the exterior walls cannot be reasonable salvaged as they must be treated as contaminated materials as well for disposal purposes. The recently identified settlement also confirms that none of the structure can be reasonably salvaged due to its damaged or displaced condition. Until removal or installation of a temporary exterior wall supports prior to removal is completed,the exterior walls pose an immediate risk to public safety and well-being. I hereby certify that this engineering document has been prepared by me and that I am a duly licensed Professional Engineer under the Laws of the State of Iowa. ;zz;:ac�ua�nq�a� I 11W, i . W 4 ''"t5'r•, R' y F Dennis Waugh,P.E.Iowa Reg.No.8909,renewal 12/31117 f.�:°�. "��� �g•`v ti President/Principal Civil&Structural Engineer IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA ) Plaintiff, ) vs. ) NO. N2 14701 Defendant: ��� ��� �^ `T�S)T' Address: __?0U O _ GO.0 K5 z�71 CITATION/ MUNICIPAL INFRACTION Birth Date: DL#/TID/FEIN: /-31 (D The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or abo 07 / _ / at �0;c0 C) [ X] A.M. [ ] P.M. at: Mo. Day Year /J�� Address of Violation(s):_ -300'_0 {C�GKS trl �, Defendant herein did violate Section 7 _ of the City of Dubuque, IA Code of Ordinances as follows:ex At S f it!t4t Pro C e os,r The City of Deubuque is requesting that the Defendant be forthwith/directed to pay the civil penalty and to correct/cease the violation as follows: ,8� a r e,�ffe�, ��; k recq "r, TO ANSWER THE CHARGES N THIS dlTATION, VOU MUST APPEAR IN COURT AT THE COURTHO SE, 720 CENTRAL AVENUE, DUBUQUE, IA ON.- A0 N:A0 / / cZto� at fa :p p [IX] A.M. [ ] P.M. Mo. Day07 Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE THIS WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS AND AN ORDER TO CORRECT /ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are true and correct. B Cit Em to ee: -Title.- Date. r � y y p Y Title: Date: Phone Number: PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at(563)5894448. (If you are hearing impaired,call Relay Iowa 'TTY at 1-&00-',?5-2942) The court's mailir.Q address is P.O. Boz 12_0,Dubuque,Iowa,52004-1220 White: City attorney Yellow: Defendant Pink: City Attornev Gold: Department. IN THE 10WA DISTRICT COURT, DUBUQUE COUNTY, IOVIIA CITY OF DUBUQUE, IOWA } Plaintiff, } vs. } NO. }} t isl Defendant.- Address: efendant:Address: } CITATION! } MUNICIPAL INFRACTION } Birth Date: DL#MDfFEIN: } The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: / ! at [ = ] A.M. j ] P.M. at: Mo. Day Year Address of Violations): Defendant herein did violate Section of the City of Dubuque, fA Code of Ordinances as follows: `y The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty and to correct/cease the violation as follows: TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720_ CENTRAL AVENUE, DUBUQUE, IA ON: f l at [ j A.M. [ } P.M. Arta. Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE THIS WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are true and correct. By City Employee: Title: Date: Phone Number- PLEASE umberPLEASE NOTE:If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(563)584-4448. (If you are bearing impaired,call Relay Iowa TTY at 1-800-735-2442). The court's mailing address is P.O.Box 1220,Dubuque,Iowa,52004-1220 White:City Attorney Yellow:Defendant Pink:City Attorney Gold:Department E-FILED 201.5 OCT 28 4:26 P1`,I DUBUQUE-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff), vs. No. Defendant: Auto&Truck Parts cro James Krueger Address: 410%Pf 17th St Dubuque,lA52C01 CITATION/MUNICIPAL INFRACTION Birth Date: DL#/TID/FEIN: 13101949 The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: 10 / 23 / 2015 at 10:45 FZA.M. �P.M. Month Day Year Address of Violation(s): acro Jackson st Defendant herein did violate Section 16-1c-58 of the Code of Ordinances of the City of Dubuque, Iowa, as follows: 36dding s mrfenng from Nmo itw by n.g.-t as he rcer bas parially--otlapsed,;he axtanor bnck fs apmung,and mortar oinis are de!enoraang!o he pant hat large sections of onck are`ailing orf building to the puN c'.vay and creating a narard'o the public.Thera are window openings!hat at one time were covered with wocd and painted, - but some have been removed and are allowing weather to further deteriorate the buildirg. The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty in the amount of $750.00 court costs in the amount of $85.00 and to correcticease the violation as follows: complete any and all repairs to the structure to make it weather tight and safe,and continue to maintain the exterior so as not to be considered a building suffering from Demolition-by-Neglect. If owner is unable to maintain building he owner should take action to divest itself of the building. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON: 12 / 02 / 2015 at 1100 1 A.M. P.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECTIABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU The undersigned attests that the matters herein are true and correct. City Employee: Date: 1003/2015 Title: Inspector II Phone Number: 563-589-4150 PLEASE NOTE:If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)833-3332.(If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is P.O.Box 1220,Dubuque,Iowa 52004-1220 White:City Attorney Yellow:Defendant Pink: City Attorney Gold- Department E.-FILED 2015 OCT 28 4:26 PNt DUBUQUE -CLERK OF DISTRICT COURT PROOF OF SERVICE P1o y STATE OF IOWA ) ss: 9,0" �a,w eS ffrL.A le {" COUNTY OF DUBUQUE ) Ld/© tlt-) / 7� (J l)u�Vj IA� I certify that I personally served the attached citation by: Certified Mail \.r _.- Personal Service Substituted Service Publication a copy being given to James Krueger on the c�_3 day of 0�� f, 20 ( . Signatur Ity E lo, ee Subscribed and sworn before me, a Notary Public in the State of Iowa, this day of `}1 20� r � Commission Nqmhay 772459 8mm.Exa. 2C! Not �ri , and or the State of Iowa THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Unless you obtain an exemption from the court, you must register through the Iowa Judicial Branch website at https:/Jvnvw.iowacourts.state.ia.us/Efile and obtain a log-in and password for purposes of filing and viewing documents on your case and of receiving service and notices from the court. For general rules and information on electronic filing, refer to the Iowa Court Rules, Chapter 16, pertaining to the use of the Electronic Document Management System; https:/ivAimv.iowacourts.state.ia.us/Efile. For court rules on the protection of personal privacy in court filings, refer to Division VI of Iowa Court Rules Chapter 16: https:,'vwvw.iowacourts.state.ta.us,'Efile. E-FILED 2015 OCT 23 4:27 PM DUBUQUE- CLER."K OF DISTRICT COURT IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA } Plaintiff, ) vs. 'N 2 12 181 Defendant: Address: Ce kms,.. ) CITATION/ ( j MUNICIPAL INFRACTION Birth Date: / DL#IIID/FEIN: The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: at - "j- [ ] A.Ivt. P.M. at: Mo. Day Year Address of Violation(s): t,t I Defendant herein did violate Sectionof the City of Dubuque, IA C de of Ordinances as folows: crcl r c�- The Ci y of Dubuque is requesting that the Defendant be forthwith directed to pay the civil enalty and to correct/cease the viol tion , as follows: 6tLz, ' "t ,!C�" 14 r r TO ANSWER TH4 CHARGE N THISICITATION, YOU MUST AP f; IN CobRT ATG4,,�t THE COURTHOUSE, 720 CENT RAL AVENUE, DUBUQUE, IA ON: j �Z / 0 't.. / 20 [ 6 [ 'A.M. [ ] P.M. Mo. Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE THIS WILL RESULT IN JUDGMENT FOR THE CIV:- PENALTY, COURT COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are true and correct. By City Employee: Title:. Date: 1 Phone Number: C� 3 �� PLEASE NOTE:If you require the assistance of auxiliary aids or set-vices to participate in court because of a disability,immediately call your district ADA coordinator at(563)5394448. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailin address is P.O.Box 1220,Dubuque,Iowa,52004-1220 White:City Attorney Yellow: Defendant Pink:City Attornc} Gold: Department E-FILED 2015 OCT 28 4:27 PM DUBUQUE-CLERK OF DISTRICT COURT PROOF OF SERVICE STATE OF IOWA > ss; COUNTY OF DUBUQUE ) 11� I certify that I personally_served the attached citation by: Certified Mail Personal Service Substituted Service Publication a copy being given to on the r 2S day of 20 L S: Sign_atu�of City Employee Subscribed and swofn before me, a Notary Public in the State of Iowa, this _ day of Cz� r� -%L_ 20 I PAMELAJ.McCARRON1 NotaryPublic, In and For the Commission Number 772419 State of Iowa a.,. M/Comm.Ezp._ { PLEASE`OTE:If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(563)5894448. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is P.O.Box 1220,Dubuque,Iowa,52004-1220 White:City Attorney Yellow:Defendant Pink:City Attorney Gold:Department IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff), vs. No. _ �ooAlcy Iol`tI Defendant: .lames Krueger Address: 410 west 17th Street Dubuque.Iowa 52001 CITATION/MUNICIPAL INFRACTION Birth Date: DL#/TID/FEIN: The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: 03 / 28 / 2016 at 11:00A.M. P.M. Month Day Year 17 Address of Violation(s): 3e0o Jackson street in Dubuque Iowa 52001 Defendant herein did violate Section IPldc 109 of the Code of Ordinances of the City of Dubuque, Iowa, as follows: Failure to.provide fie City of Dubuque Building Services Department with a Structural Engineering Report from a Licensed Structural Engineer. The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty in the amount of 750.00 court costs in the amount of $35.00 and to correct/cease the violation as follows: city ordered Deferdarl:to provide City with a Structural Engineering Report from a Licensed Structural Engineer because the building posed danger to Defendant and public at large and no work or repairs can be performed safely without such an assessment first. Report is required because visual inspection:der.h5ed structural issues/`allures creating unsafe conditicns 3!hreat of imminent danger to general public&surrounding property owners. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON: 07 / 27 ( 2016 at 11:00A.M. P.M. Month Day Year FV FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU The undersigned attests that the matters herein are true and correct. City Employee: Todd rut.carr Date: 06/1512016 Title: Building Serrices Manager Phone Number: 563-589-4150 PLEASE NOTE. If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)833-3332.(If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is P.O. Box 1220, Dubuque,Iowa 52004-1220 White:City Attorney Yellow Defendant Pink:City Attorney Gold: Department E-FILED 2016 AUG 22 4:07 PM DUBUQUE - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT, IN AND FOR DUBUQUE COUNTY CITY OF DUBUQUE, IOWA, ) ) Plaintiff, ) vs. ) Case No. 01311 DUCICV104821 ) JAMES KRUEGER, ) Defendant. ) _ APPLICATION THAT DEFENDANT BE HELD IN CONTEMPT STATE OF IOWA ) ) ss DUBUQUE COUNTY ) CONIES NOW, the City of Dubuque, Iowa, by and through its Assistant City Attorney, Maureen Quann, and requests the Court require the Defendant to show cause why he should not be held in contempt, stating: 1. An Order was filed on August 4, 2016 stating the "Defendant will submit to the City of Dubuque Building Services Department an executed contract for either the stabilization and repair OR demolition of the building by 10:00 a.m. on Monday, August 8, 2016. The demolition or stabilization and repair must be complete by October 5, 2016. The threat to public safety must be eliminated by October 5, 2016." 2. As of Monday, August 22, 2016, the Defendant has not submitted any executed contract for either the stabilization or repair of 3000 Jackson Street or the demolition of middle section of 3000 Jackson Street. Building Services Manager Todd Carr's affidavit is attached as Exhibit A. 3. As of August 22, 2016, the Defendant has not complied with the Court's August 4, 2016 order. 4. The middle section of 3000 Jackson Street collapsed on July 21, 2016. The City immediately closed the public sidewalk on both sides of 30th Street, the shared entrance to 3000 Jackson Street, and all private property between the City right-of-way and 3000 Jackson Street (from Washington Street) in an effort to protect public safety and businesses. 5. The City contracted with IIW to perform an assessment of the building, which indicated the building is at risk for further collapse. This report is attached as Exhibit B. E-FILED 2016 AUG 22 4:07 PM DUBUQUE-CLERK OF DISTRICT COURT 6. In light of the imminent threat to public safety and the risk of further collapse, the Plaintiff would like this matter to move forward as quickly as possible. WHEREFORE, the Plaintiff requests a hearing as soon as possible at which Defendant be required to show cause, including if applicable, proof of financial inability to comply, why he should not be held in contempt. Respectfully submitted, t By — I Maureen Quann Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 Phone: (563) 589-4381 Fax: (563) 583-1040 Ili i I I i E-FILED 2016 AUG 22 4:07 PM DUBUQUE-CLERK OF DISTRICT COURT CERTIFICATE OF SERVICE The undersigned hereby certifies that a genuine copy of the foregoing document was served by regular mail upon the persons named below and at the addresses indicated on the ' day of fY;Ir;, r 2016. Jennifer Griffin James Krueger 410 West 17"' Street Dubuque, IA 52001 I I I I i E-FILED 2016 AUG 22 4:07 PM DUBUQUE-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY CITY OF DUBUQUE, ) Plaintiff, ) ) vs. } AFFIDAVIT OF TODD CARR ) JAMES KRUEGER, ) Defendant. ) I, Todd Carr, being first duly sworn upon my oath state: 1. 1 am the Building Services Manager for the City of Dubuque, Iowa. 2. An Order was filed on August 4, 2016 stating the "Defendant will submit to the City of Dubuque Building Services Department an executed contract for both the stabilization and repair OR demolition of the building by 10:00 i a.m. on Monday, August 8, 2016. The demolition or stabilization and repair must be complete by October 5, 2016. The threat to public safety must be eliminated by October 5, 2016. 3. As of Monday, August 22, 2016, the Defendant has not submitted to me any executed contract for either the stabilization or repair of 3000 Jackson Street or the demolition of the middle section of 3000 Jackson Street. The statements above are true and accurate to the best of my knowledge. Todd Carr, Building Services Manager Subscribed and sworn to byre me b Todd Carr, Building Services Manager of the City of Dubuque, on this�a day of , 2016. �eA,vM.NOEL Nota P blic COmm18310n Num r o.: Uy Comm. Exp. PLAINTIFF'S EXHIBIT A IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff), vs. No. Defendant: Auto&Truck Parts,Inc. Address: 4 t C'West 17th street Dubuque,Iowa 52001 CITATION/MUNICIPAL INFRACTION Birth Date: DL#/TID/FEIN: The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: 07 / 21 / 2016 at 10.30 F7A.M. ❑P.M. Month Day Year Address of Violation(s): 3060 Jackson Street in Dubuque Iowa 52001 Defendant herein did violate Section 6-d-4 of the Code of Ordinances of the City of Dubuque, IOWA, as follows: The property at 3000 Jackson Street in Dubuque Iowa suffered multiple structural collapses and is at risk for further collapse,creating a public nuisance- Failure to clean hazardous debris,demolish the remaining walls of the collapsed portion,and stabilize the salvageable portions of the building have further maintained and continued this public nuisance. The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty in the amount of $75000 , court costs in the amount of 85.00 , and to correct/cease the violation as follows: Defendant shall abate the public nuisance this building creates by demolition,stabilization,repair,and proper sealing and closing the structure to protect against water infiltration. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON: C9 / 14 / 2016 at 11:00 A.M. P.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU The undersigned attests that the matters herein are true and correct. City Employee: Todd M.carr Date: 08r26l2016 Title: Building Services Manager Phone Number: 563-589-4150 PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)833-3332. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is P.O.Box 1220,Dubuque,Iowa 520041220 White City Attorney Yellow: Defendant Pink:City Attorney Gold: Department PROOF OF SERVICE STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) I certify that I personally served the attached citation by: D Certified Mail Personal Service Substituted Service Publication � 9 f� a copy being given to /�c✓ '�ac, �rfs� .Lk ` on the day of _' 20 / Signature of City Employee Subscribed an sworn before me, a Notary Public in the State of Iowa, this C e�_ day of ( l ' 20 �( 1( 1 PAMELA J. 4icCARRON Commission P u a �»zai M• No aryPublic o In and the State of Iowa Comm.Ez THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Unless you obtain an exemption from the court, you must register through the Iowa Judicial Branch website at https-flwi�jl�v.iowacourts.state.ia.us/Effle and obtain a log-in and password for purposes of filing and viewing documents on your case and of receiving service and notices from the court. For general rules and information on electronic filing, refer to the Iowa Court Rules, Chapter 16, pertaining to the use of the Electronic Document Management System; https:/,'war✓w.iowacourts.state.ia.uslEfile. For court rules on the protection of personal privacy in court filings, refer to Division VI of Iowa Court Rules Chapter 16: https:,/+rNpn✓.iowacourts.state.ia.use Efile. THE CF Dubuque City of Dubuque Building Services Department DUtB 1I-AmerlcaCAy 50 West , Io Street I I Dubuque, Iowa 52001 I I Office: 563-589-4150 Fax: 563-690-6687 the Masterpiece on the Mississippi2007•zmz•zais Email:building@cityofdubuque.org Building Services Enforcement History Documents Subject: Attached Documents A-Z for 3000 Jackson Street Memorandum May 8, 2008 Auto & Truck Parts, Inc. 3000 Jackson Street Dubuque, IA 52001 RE: 3000 Jackson Street—Demolition by Neglect To Whom It May Concern: The City of Dubuque has adopted Section 25-7 of the City Code. I have enclosed a copy of that section for your use. This section addresses demolition and demolition by neglect in historic districts. It is apparent to me that the south masonry wall of this structure meets some of the defects listed in the ordinance. Specifically, there are bricks missing and the wall has at least one "bubble" where at least the exterior wythe is out of plumb. Repairs to these items must be completed on or before July 31, 2008. Failure to complete these repairs by that date may lead to further legal action by the City, The City of Dubuque provides access to a revolving loan fund to assist property owners in the maintenance of their historic structures. Please contact Dave Johnson, Assistant Planner at 589-4387 for assistance or information about the loan program. The City is also willing to consider the creation of an Urban Renewal District that would allow the use of Tax Increment Financing (TIF)for projects at this property. Please contact Economic Development Director Dave Heiar at 589-4393 for more information. Feel free to contact me at 589-4152 to discuss this issue. Sincerely, Rich Russell Building Services Manager cc: Michael C. Van Milligen, City Manager Dave Heiar, Economic Development Director Dave Johnson, Assistant Planner ( 83 THE C!QTE Dubuque tcald Building Services AD-Amer ca MI 50 West 13� St q g 1 j Dubuque, IA 52001 DPhone—563-589-4150 Xfasterpiece On the Mississippi Fax-563-690-6687 2007 September 10, 2008 Auto & Truck Parts, Inc. 3000 Jackson St Dubuque, IA 52001 RE: 3000 Jackson St To Whom It May Concern: I am sending you this letter to request the opportunity to conduct an inspection of the interior of this property due to increasing citizen concerns over the condition of the property. Rich Russell, Building Services Manager, had sent you a letter dated May 8, 2008 with a list of defects on the exterior of the building. Some of these items have not been addressed as of this date. The City has included this property in an Urban Renewal District which allows the use of Tax Increment Financing (TIF). Contact Dave Heiar at 589-4393 for additional information. Please contact me at 563-589-4150 within five days of receipt of this letter to schedule an inspection date and time. Thank You, Jeff Zasada Inspector II Cc: Rich Russell, Building Services Manager Dave Heiar, Economic Development Director INSPECTION REPORT0 September 24, 2008 City of Dubuque Building Services 50W13`hSt Dubuque, IA 52001 563-589-4150 On September 17, 2008 I conducted a walk through of the former H & W property at 30 & Jackson. Mr Krueger toured me through his portion that is located on the South side of the grounds. The pitched roof has numerous holes, standing water on concrete floors dripping down to the lower levels. There is little if no storage or debris on the upper floors near the Jackson St side. As you move away from Jackson St the building is being used for used and new automobile part storage. These floors were accessed through a freight elevator, which appears to be well maintained. Mr Krueger tells me he has spent some time painting and repairing the building on the inside, and plans to continue this work mainly on the ground level. The exterior has numerous areas that the mortar is gone and the brick are crumbling. One area in the courtyard has a hole about 3 bricks thick into the wall, appears to be a manmade hole. It appears that these walls are multiple courses of brick, possibly 8-10 layers. He has no intension to repair roof, and will not accept any loan funding. He possibly would accept grant funds, if does not have to pay back. The other building owned by LK Development is addressed 3040 Elm St. The gentleman introduced himself as "Mike" gave me a tour of his property. Both the pitched roof and the majority of flat roofs are leaking and have visible holes. Water and pigeon droppings cover most all floors. He has repaired some of the flat roofs. He stated that he has been repairing leaks as he can, but it is getting away from him. He states he purchased the property with the intention to demo the building and he also will not take any loans out to repair. The majority of the building is empty with the exception of the North side of the main floor. This section is being leased by Swiss Valley Farms. Mike also quoted many prices to repair parts of the building as he was touring through the building. Jeff Zasada,Inspector I1 Building Services THE MY Ofi DUB E MEMORANDUM Masterpiece on the Mississippi_ CRENNA M . BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: October 22, 2008 RE: Dubuque Malting and Brewing Company Code Enforcement I am in receipt of your memorandum dated October 14, 2008 regarding the Dubuque Malting and Brewing Company. The Historic Preservation Problem Property Committee has been evaluating the situation at 3000 Jackson Street and 3040 Elm Street for some time now. We recently decided to recommend the following course of action: 1. An updated demolition by neglect letter will be sent to each property owner. The letters, drafts of which I have attached, provide the property owners with a deadline of November 7, 2008 to provide the Building Services Department a timeline to bring the buildings up to code. 2. If the timeline for repairs is not submitted by November 7, 2008, the Building Services Department will begin issuing municipal infractions for each business day the buildings remain in violation of the code. If a timeline is submitted, the property owners will be held accountable for that timeline. If you have any questions or concerns on this course of action please let me know and I will have Jenny schedule a meeting. Thank you. Attachments cc: Cindy Steinhauser, Assistant City Manager Rich Russell, Building Services Manager David Johnson, Assistant Planner ,/Jeff Zasada, Building Inspector II Bob Boge, Housing Inspector OFFICE OF THE CITY ATTORNEY DusuQuE, IowA SUITE 33.7, HARBOR VIEW PLACE, 333 WIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /FAx (563) 583-1040/EMAIL cbrumwel@cityofdubuque.org (Date) Auto & Truck Parts, Inc. 3000 Jackson Street Dubuque, IA 52001 RE: 3000 Jackson Street—Demolition by Neglect To Whom It May Concern: In May of 2008, you were sent a notice regarding the above-listed building and its designation as a building suffering from demolition by neglect. In September 2008, Inspector II Jeff Zasada completed an inspection of the premises. My finding, based on Jeffs report, is that the building continues to meet the definition of a building suffering from demolition by neglect. A copy of the report is attached for your review. You must take steps to comply with City of Dubuque Code of Ordinances Section 25-7 which I have enclosed. Please submit a plan of action to comply with Section 25-7 by November 7, 2008. If a plan is not received by November 7, 2008 you will be issued a municipal infraction. Each day the violation continues is a separate violation. Violations will be issued for each business day the violations persist. The penalties are as follows: 1. First offense: up to a $750 fine, $50 court costs, and a court order requiring corrective action 2. Additional offenses: up to a $1,000 fine, $50 court costs, and a court order requiring corrective action. If a court order is not complied with, the violator may be required to show cause why they should not be held in contempt of court. The penalty for contempt of court includes up to thirty (30) days in jail. Thank you for your anticipated cooperation. If you have any questions, please contact me at (563) 589-4152. Sincerely, Rich Russell, AICP Building Services Manager Enclosure cc: Crenna Brumwell, Assistant City Attorney Jeff Zasada, Inspector II Laura Carstens, Planning Director Sec.25-7.Demolition Of Landmarks,Landmark Sites Or Structures In Historic Districts;Demolition By Neglect;Certificate Of Economic... Page I of I Sec. 25-7. Demolition Of Landmarks, Landmark Sites Or Structures In Historic Districts; Demolition By Neglect; Certificate Of Economic Nonviability: (a) Demolition Generally.Demolition of landmarks, landmark sites or structures within historic districts is prohibited unless,upon application and after hearing,the commission issues a certificate of appropriateness or a certificate of economic nonviability pursuant to subsection 25z2(hof this chapter. (b) Demolition By Neglect Prohibited The owner of real property in any historic district or of a landmark or landmark site shall preserve and keep from deterioration all buildings and structures located on such real property.The owner shall repair the building or structure to correct any of the following defects found by the city's designated enforcement officer. (1) Parts which are improperly or inadequately attached so that they may fall and injure persons or property; (2)A deteriorated or inadequate foundation; (3) Defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed; (4)Walls, partitions or other vertical supports that split, lean,list or buckle due to defect or deterioration or are Insufficient to carry the load imposed; (5)Ceilings, roofs,ceiling or roof supports, or other horizontal members which sag,split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; (6)Fireplaces and chimneys which list, bulge or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed; (7) Deteriorated,crumbling or loose exterior stucco or mortar; (8) Deteriorated or ineffective waterproofing of exterior walls, roofs,foundations or floors,including broken windows and doors; (9)Defective or lack of weather protection for exterior wall coverings, foundations or floors,including broken windows and doors; (10)Any default,defect or condition in the structure which renders it structurally unsafe or not properly watertight; (11)Accumulations of weeds,fallen trees or limbs,debris, abandoned vehicles, and other refuse; (12) Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or (13) Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style.(Ord. 18-01, ? 1,3-19-2001) http://vnvw.stertingmdifters.comAA/Dubuque/30000000000020000,htm 1022/2003 March 6, 2009 Auto & Truck Parts, Inc. 3000 Jackson Street Dubuque, IA 52001 RE: 3000 Jackson Street—Demolition by Neglect To Whom It May Concern: In May of 2008, 1 sent a notice to you regarding the above-listed building apparently suffering from demolition by neglect. In September, 2008, you allowed an inspection of the premises by Inspector 11 Jeff Zasada. My finding, based on Jeff's report, is that the building still meets the definition of a building suffering from demolition by neglect. A copy of the report is attached for your review. In order to comply with the city code in that regard, the following measures must be taken: • Step one –Although you feel the failing brick on the exterior of the building is not a structural concern. We have no proof that this is or is not a structural concern but it is a safety concern for falling brick and is also by definition a nuisance (eyesore). These areas need corrective action taken to ensure the safety of the public. These corrective actions must be taken by May 1, 2009 or a municipal infraction will be issued as stated in the previous letter dated October 24, 2008 - that will seek the court's assistance in requiring the repairs. Feel free to contact me at 563 589-4152 to discuss this issue. Sincerely, Rich Russell, AICP Building Services Manager cc: Crenna Brumwell, Assistant City Attorney THE CDubuque Building Services 50 West 13`h St DUIBRkFE �menca Dubuque, IA 52001 Phone—563-589-4150 Masterpiece on the Mississippi2007 Fax—563-690-6687 April 22, 2009 Auto & Truck Parts, Inc. 3000 Jackson St Dubuque, IA 52001 Subject: 3000 Jackson St To Whom It May Concern: Due to the safety hazard of bricks falling from your building and the close proximity to the public sidewalk, the City of Dubuque is requiring you to properly barricade, in accordance with Engineering Department standards, the sidewalk along 30'`St and the portion of Jackson St that is adjacent to your building. Complying with this order does not relieve you of the previous order to mitigate the deteriorating exterior. If you have questions or concerns please feel free to contact the Building Services Department at 563- 589-4150 or the Engineering Department at 563-589-4270. Thank you for your anticipated cooperation. Sincerely, , Jeff Zasada Inspector II Cc: Rich Russell, Building Services Manager Crenna Brumwell, Assistant City Attorney Jane Smith, Engineering Department Laura Carstens, Planning Services Dubuque THE CITY h St OF � Building Services V E ; ���; D West , I 5 'L) Dubuque, IA 52001 Phone—563-589-4150 Masterpiece on the MississippiFax—563-690-6687 2007 May 12, 2009 Auto & Truck Parts, Inc. 3000 Jackson St OG Dubuque, IA 52001 Subject: 3000 Jackson St To Whom It May Concern: Due to the safety hazard of bricks falling from your building and the close proximity to the public sidewalk, the City of Dubuque is requiring you to properly barricade, in accordance with Engineering Department standards, the sidewalk along 30`x" St and the portion of Jackson St that is adjacent to your building. Complying with this order does not relieve you of the previous order to mitigate the deteriorating exterior. If you have questions or concerns please feel free to contact the Building Services Department at 563- 589-4150 or the Engineering Department at 563-589-4270. Thank you for your anticipated cooperation. Also, now that we have had a fire in the building, the windows will need to be secured. Please complete these requests by May 26, 2009. Sincerely, Jeff Zasada Inspector II Cc: Rich Russell, Building Services Manager Crenna Brumwell, Assistant City Attorney Jane Smith, Engineering Department Laura Carstens, Planning Services Dubuque THE CI�T'YTOFR � Building Services D 1J �j 1 apt; 50 West , L St5 �. Dubuque, 3-52001 Phone—563-589-4150 Masterpiece on the Mississippi Fax—563-690-6687 2007 September 21, 2009 Auto &Truck Parts, Inc. 3000 Jackson St Dubuque, IA 52001 Subject: 3000 Jackson St To Whom It May Concern: Due to the safety hazard of bricks falling from your building and the close proximity to the public sidewalk, the City of Dubuque sent you a letter on May 12, 2009 requiring you to properly barricade, in accordance with Engineering Department standards, the sidewalk along 30`h St and the portion of Jackson St that is adjacent to your building. This has not been done, therefore the City of Dubuque will barricade these areas at the owners expense. Also enclosed is a Municipal Infraction for failing to repair the exterior walls and the roof, which is a violation of the Dangerous building ordinance Section 14-3-1. See attachments. If you have questions or concerns please feel free to contact the Building Services Department at 563- 589-4150 or the Engineering Department at 563-589-4270. Thank you for your anticipated cooperation. Sincerely, Jeff Zasada Inspector Il IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA ) Plaintiff, ) VS. ) NO. N° 14701 Defendant: /ya.%y 9��k c `e/P�('�S) AC, Address: �dU O 40.c K5 " CITATION/ MUNICIPAL INFRACTION Birth Dbate: /-1-17/ DL#/TID/FEIN: 1-31 (D I / 9 The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or abog 07 O d 2 at /0;D O [ X] A.M. [ ] P.M. at: Mo. Day Year Address of Viclation(s):_ 3 60 c7 (a�C es ayt J/ , Defendant herein did violate Section ' of the City of Dubuque, IA Code of Ordinances as follows: l r-T'x ;dr r The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty and to correct/cease the violation as follows: /C?6a if` e_,X1en-d-r briCK -' I .'V AOro? (lan des7na,.S TO ANSWER THE CHARGES N THIS ITATION, YOU MUST APPEAN IN COURT AT THE COURTHO SE, 720 CENTRAL AVENUE, DUBUQUE, IA ON: /'0 / / cho I at fo :Ot) [ X] A.M. [ P.M. Mo. Day0 7 Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE THIS WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS AND AN ORDER TO CORRECT / ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are true and correct. By City Employee: Title: Date: a i Phone Number:_ '5� (.? • PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at(563) 5894448. (If you are bearing impaired,call Relay Iowa TTY at 1-800-735-2942)- The court's mailiae address is P.O. Box 1220, Dubuque,Iowa,52004-1220 White; City Attorney Yellow: Defendant Pink: City Attorney Gold: Department PROOF OF SERVICE STATE OF IOWA ss: X00 J 0.c COUNTY OF DUBUQUE ) �VTwc / �jap70 I I certify that I personally served the attached citation by: Certified Mail Personal Service Substituted Service Publication /� a copy being given to 10-4- es ' ri r r 06-01—yF on the day of 20 0-? . Sig natur C y mployee Subscribed and sworn before me, a Notary Public in the State of Iowa, this 02 "� day of �tecvL(-cv 20 M. NOEL Notary Public, In and For the Commisslen Number 748793 State of Iowa My Comm.Exp.MAY 8,2918 PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(563) 589-4448. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailina address is P.O. Box 1220. Dubuque,Iowa,52004-1220 White: City Attorney Yellow: Defendant Pink: City Attorney Gold: Department IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA ) Plaintiff, ) vs. / ) No. 14.702 Defendant:,4r,tG , ;y C;` - Address: 1 .Gr, )G %�°Sy d-� S CITATION/ MUNICIPAL INFRACTION Birth Date: DL#/TID/FEIN: ) The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: at t% `1 [A-] A.M. [ ] P.M. at: Mo. Day Year Address of Violation(s): ' ': -' jr Defendant herein did violate Section / - -7 - of the City of Dubuque, IA Code of // Ordinances as follows: ri i� t e � �� Y �' Uri�- 5-4 � �t s �,€,� �" j E, SP ..� 7`y art C'1 f The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalt and to correct/cease the violation as follows:!'1ey% of- r= o f b tr c k rr,# ir' foc TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL-AVENUE DUBUCUE, IA ON: /d l J 3 l 6 9 at ;OJT [ ] A.M. [ ] P.M. Mo. Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE THIS WILL RESULT IN JUDGMENT FOR THE CIVIL_ PENALTY, COURT COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are true and correct. By City Employee: - Title: Date: Phone Number: i PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(563)5894448. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailine address is P.O. Bax 1220.Dubuque,Iowa,52004-1120 White: City Attorney Yellow: Defendant Pink: City Attorney Gold: Department unulimmlllulllum►IIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc I0: 006645690002 Type: GEN Recorded: 01/07/2010 at 12;46;19 pM Fee Amt: $14.00 Pape 1 tUnnThof 2KahyFlynurlou Recorder File2010-00000356 V ared by: Kay Munson. Plannino Technician Address: Cily Hall 50 W 13"St Telephone: 589-4210 un to: Kay Munson. Planning Technician Address: Clty Hall. 5D W. 13 St Telephone: 589-4210 HISTORIC PRESERVATION COMMISSION CERTIFICATE OF APPROPRIATENESS NOTICE OF DECISION PLICANT: Jim Krueger/Auto & TrlICIC Parts Inc GAL DESCRIPTION: LOTS 2-7 & LOT 1-1-3-8 OF MIN LOT 322 CATION: 3000 Jackson Street ;TRICT: Brewery Neighborhood Conservation District TE OF PUBLIC MEETING/DECISION: December 17, 2009 Historic Preservation Commission of the City of Dubuque, Iowa hereby renders and as notice of its decision on the above-cited application in conformance with Chapter of the City Code (Historic Preservation Ordinance). PLICATION: The applicant seeks to replace roof and up to $11,500 in Historic :servation Revolving Loan Funds. BLIC MEETING: After notice, as required by law, a Public Meeting was held on . Minutes of the meeting and copies of materials Submitted in evidence and this .ice of decision are on file in the Office of Planning Services, City Hall, Dubuque, /a. IDINGS: Based on the specific information presented at the Public Meeting and stained in the application, the Commission finds that the proposal is in accordance h the applicable standards of review in the Historic Preservation Ordinance. .CISION: By a vote of 9 to 0, as indicated in the minutes, the Historic Preservation mmission approved the request, as submitted, with the provision that the new roof ice People Integrity Responsibility Innovation Teamwork " :ice of Decision — 3000 Jackson Street je 2 Inot extend above the parapet. Expiration date is one year from the date of .iance. EREFORE: Pursuant to Article 10 of the Unified Development Code of the City of Duque, Iowa, the Commission hereby grants permission to the City of Dubuque and designated representative(s) to issue the regulated permit(s) required to complete approved project. Id in the Office of Planning Services Department on the 22nd day of December, )g. L•I Z2 1 c{ r I,L kck t 0 :e Filed Laura Carstens, Planning Services Manager to of Iowa ) ss: unty of Dubuque ) this :;.)d 114 day of before me, the dersigned, a Notary Public in and for the State of Iowa, personally appeared Laura rstens to me personally known, who, being by me duly sworn, did say that she is the nning Services Manager of the City of Dubuque, Iowa; a municipal corporation; that foregoing instrument is signed on behalf of the City, by authority of its Historic :servation Commission who acknowledged the execution of the instrument to be their untary act and deed. Notary Public in and for said State ersV<munson\wp\boards-commissionsVip6notices of decisionlhpc notices of decision 200913000jackson street nod recorder 2 09.doc iervice People Integrity Responsibility Iruto",don, Teamwork Planning Services Deparhvent city Hall 'n113c1TYnr _ Dubuque 50 West 1311hStreet DUB E Dubuque,JA 52001.4864 U k"5151;^j (563)589-4210 phone i I 111 f (563)589-4221 fax Masterpiece on tire Mississi/rpi (563)690-6678 TDD 2007 Imuiiuy�cilyokluLmluc.o,y HISTORIC PRESERVATION COMMISSION CERTIFICATE OF APPROPRIATENESS NOTICE OF DECISION APPLICANT: Jim Krueger/Auto & Truck Parts Inc LOCATION: 3000 Jackson Street DISTRICT: Brewery Neighborhood Conservation District DATE OF PUBLIC MEETING/DECISION: December 17, 2009 The Historic Preservation Commission of the City of Dubuque, Iowa hereby renders and gives notice of its decision on the above-cited application in conformance with Article 10 of the City Unified Development Code. APPLICATION: The applicant seeks to replace roof and up to $11,500 in Historic Preservation Revolving Loan Funds. PUBLIC MEETING: After notice, as required by law, a Public Meeting was held on December 17, 2009. Minutes of the meeting and copies of materials submitted in evidence and this notifice of decision are on file in the Office of Planning Services, City Hall, Dubuque, Iowa. FINDINGS: Based on the specific information presented at the Public Meeting and contained in the application, the Commission finds that the proposal is in accordance with the applicable standards of review in the Historic Preservation Ordinance. DECISION: By a vote of 9 to 0, as indicated in the minutes, the Historic Preservation Commission approved the request, as submitted, with the provision that the new roof cannot extend above the parapet. Expiration date is one year from the date of issuance. THEREFORE: Pursuant to Article 10 of the Unified Development Code of the City of Dubuque, Iowa, the Commission hereby grants permission to the City of Dubuque and its designated representative(s) to issue the regulated permit(s) required to complete the approved project. Filed in the Office of Planning Services Department on December 22, 2009,0 Laura Carstens, Planning Services Manager f.\userslkmunsonlwplboards-commissions4hpclnotices of decisionlhpc notices of decision 2009/3000 Jackson street nod,doc Service People htlegnty Responsibility Innovatmn lcamwork THE C1: YOF 4Ps� City of Dubuque DUB �III�� Planning Services Department Masterpiece on the Mississippi20 Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLk9NNiNG 641 PUCA`i'XON FORM ❑Variance ❑Planned District ❑Major Site Pian ❑Certincate of Economic Non-Viability ❑Conditional Use Permit ❑Preliminary Plat []Major Final Plat []Certificate of Appropriateness ❑Appeal ❑Minor Final Plat ❑Simple Subdivision ❑Historic Designation ❑Special Exception ❑Text Amendment ❑Annexation ONelghborhood Association j ❑Limited Setback Waiver ❑Simple Site Plan ❑Temporary Use Permit QOther: f/PKL F ❑Rezoning ❑Minor Site Plan Please type or print legibly in inlc �� ✓' t- (,�SIJ�� (3 �) Property owner(s): /-lora ZA_Zy.e Ai,3 11— Phone: - fi) Address: 3OMY7, %+c cs 57M _L — C ty; J;_ ii,Xwgzf- State: 1,4 Zip:•Czer Fax Number: Cellular Number: E-mail Address: Appicant/Agent: I/ Phone: Address: 54ivF City: State: Zip:_ Fax Number: Cellular Number:_E-mail Address: Site location/address: :��� ✓4.cs�^� Existing zoning: Proposed zoning: N�Historic District: OYZU Landmark; NO Legal Description(Sidwell parcel ID#or lot number/block number/subdivision): 1,017106LV7 Total property(lot)area(square feet or acres): /J 78 dcxFS ✓ Describe proposal and reason necessary(attach a letter of explanation,If needed):. CERTIFICATION: I/we,the undersigned,do hereby certify that: 1. It Is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The Information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. ✓` Property Owner(s): 44,efi 14i ,_�_ Date: �� dd s / Applicant/Agent: � ___` "N'l. _,�_ - Date: FOR OFFICE USE ONLY—APPLICATIONSUBMITTALCHECKLIST / Fee: D Received by: �� Date: Docket: .1(J 0 Sitelsketch plats Conceptual Development Plan OPhoto D Plat D Improvement plans ❑Design review project description D Floor plan D Other: _ I DESCRIPTION OF PROPOSED PROJECT (use additional pages as needed) Please describe your project, indicating the existing materials and their condition and the reason for the proposed work: FL PG�Icr ' / dN 7 Al �� 7 �vlGD/6t/G. /G�Lt7� c�� 7z�� jZpoF `�fS �/«S o' G✓ 2 vv 77F 22PG/4«c�. /« F_k/ST<sc c Co �l7Zf/ i7 11t C�itGG 7� SUG.�t�zY Iz �fPzO �a Z4 What alternative remedies have you considered to solve your problem or meet your needs? Please indicate the type of construction materials to be used in this project: Mi=MO What is your timeline for completion of the proposed project? What is the estimated proj ect cost? �/// 6-2)z' Will you do the work yourself, or use a contractor? Please provide name of con- tractor. Any other information or comments? Signature Date Q - - e 5�3 oo MVI-'e— SHEET NO.I DATE ID- `••O PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: NAME ADDRESS b 1r4r.K 14's ADDRErSS r DATE OF PLANS PHONE I O. ARCHITECTCOJ 1!I G+ I We hereby propose to furnish the materials and perform the labor necessary for the completion of IZU.(.L /X 1/ l rr f �% �'' w�••��-3.I�y14—S/iztfr5—�fJll-�rw I-p[P �'er IOIJ'SI¢F f�l`r_Ilfcl_Tfs.e �'. 4 ' �4a�ear.LL—��klLlh 1r/�.�/,fPV,,,G/s'r!r".r�+� Mn� r Ui¢'f'tG nn 1�[c(�( cls rce• r s' r/n� laa,''�v Irut'�q...eJ� /-Li'-LC4/2S�r-F-�t� , �+ 1r ar �� ,l(/� /.Jii r(•aa r. c.)7.21—O�YG)!All material is guaranteed to be as specified, and the above work to be per in accordance with the drawings and specifications 1 submitted for above work, and completed in a substantial workmanlike manner for the sum of Dollars ($ will payments to be made as follows: %1 4104r,1,- X1 410AL Respectfully submitted Any alteration or deviation from above specifications involving extra coals will be exaculed only upon written order. and will become an extra charge Per over and above the estimate. All agreements contingent upon strikes, ac. , cidents.or delays beyond our control Note - This proposal may be withdrawn by us if not accepted within 15' days. ACCEPTANCE OF PROPOSAL —� The above prices, specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payments will be made as Outlined above. Signalure --- Date ___ Signature PROPOSAL — ICE'Y CITY BUILDERS LLC. idthr 4060 Peru Rd. m Dubuque, Iowa 52001 563-451-5632 A.GREEMENA THIS AGREEMENT IS SUBJECT TO INSURANCE COMPANYAPPROVAL Date Address City/Beate/Zip i' Billing Address Ciry/State/Zip :l. Home Phone Work Phone RECOMMENDATIONS 8r NOTES SPECIFICATIONS I r' L., . nl: % ,,. ❑ Grade of Shingle: ❑ Style of Shingle: V. ❑ Color of Shingle: ❑ Ridge Material: O Valley: ❑Vents: - ❑ Plumbing Stacks: O Metal Ed'giRg: it , i. ❑Tear Off O Yes 17 No: Layers Additiona[ScopeAttachment ❑ Felt/Underlayerment: El Pitch:,% , . .. PayPerTrade: ❑Remove Trash From Roof,Gutters,And Yard DELIVERY INSTRUCTIONS ❑ ProRCr Landscaping Where Applicable ❑ Roll Yard with Magnetic Roller l7 Furnish Permit COMPANY'S LIMITEDWARRANTY °''` SPECIAL ATTENTION AREAS SEE LINE ITEM 22 ON BACK Ice&Water Shield .. . . .. ... .. .... .. . ..❑Yes 1i No Cover Pool . ... ... .. . . . . . .. . .... . .. ..❑Yes O No Existing Gutter Damage ... . . ..... . .. . ..El Yes ❑No RECOMMENDATIONS&NOTES Existing Driveway Damage. . ... ... ... . . .0 Yes ❑ No 1.) Paid Date: CK# $ Skylights: Leaks:I,/- r /. BalanceDueUponCompletion$ Interior Damage: Emergency Repair. .. ... .. . .. .. ... . . ... D'Yes ❑ No 2.) Paid Datc: C[C# $ Sheeting Required.. . .. ... . . .. ... . . .. . ..d Yes ❑No GENERAL CONTRACTOR: Homeowner acknowledges Key City Builders LLC as a General Concrecror and a, such will be entitled to 10%overhead and 10%profit,as allowed by insurance industry standards. INSURANCE/MORTGAGE COMPANY NOTE: I hereby authorize the inswaace company and/or the mortgage company below to make auy checks jointly. TERMS:This agrecmcnt does nor obligate the homeowner or ICey City Builders LLC in any way unless it is approved by the insurance company and accepted by Key City Builders LLC. By signing this agreement the homeowner authorizes Key City Builders LLC to pursue the homeowners best interest for a roof replacement or repair at a"price agreeable" to the insurance company and Key City Builders LLC with no:kd&6ona cost to the homeowner except the deductible. When "price agreeable" is determined it shall become the final contract price of'$,1:. .and homeowner authorizes Key City Builders LLC to obtain labor and material in accordance with the "price agreeable'and-t to specifications set out herein and on the reverse side the.:.uFro accomplish the replacement or repair.Any and all monies received from the insurance company as General Contractor overhead and profit and/or cost insrcascs will be paid to Key City Builders LLC in addition to the contract price above. You,the buyer,may cancel this transaction at any time prior to midniy+,ltt or the third b—wine _-ss_dad after the dare of the transaction, Aeecprcd by lusured on. Date. ! / By: A,.cepted by luwrcd on. Date:-- !_-- / By. _ ----_ DESIGN REVIEW STAFF REPORT Meeting Date: December 17, 2009 Property Address: 3000 Jackson Street Property Owner: Auto &Truck Parts Inc, Applicant: Jim Krueger Project: Requesting a Certificate of Appropriateness and Historic Preservation Revolving Loan Funds (HPRLF) to replace the roof District: Brewery Neighborhood Conservation District Funding: HPRLF Style: Romanesque Date Built: 1895 Present Land Use: Industrial Level of Significance: Level of Rehabilitation: ❑ National Register Eligible ❑ Alteration/Repair Physical Characteristics: The building is part of the former Dubuque Brewing and Malting Company complex at 301h and Jackson Streets. Please refer to the National Register of Historic Places (NRNP) nomination enclosed with the staff report for more information. Modifications/Additions: Please refer to the enclosed NRHP nomination, Property History: Please refer to the enclosed NRHP nomination. This property was listed on the Historic Preservation Enforcement Report on May 1, 2007 for Demolition by Neglect. That applicant has been ordered to correct the roof deterioration and condition of the exterior brick by the Building Services Department. Staff Analysis: The applicant is requesting a Certificate of Appropriateness and up to$11,450.00 in HPRLF to replace the roof on the west side of the building. The applicant explains the portion of the roof has holes in it and is where the water damage is occuring. The existing low pitched roof will be raised to a 3/12 pitch to improve drainage. Plywood will be secured to the rafters and industrial quality metal sheets will be applied to the plywood. New downspouts will be installed. A future application is anticipated for repointing the brick on the south wall. The applicant has submitted two bids from licensed contractors for the roof. Cody Moss Key City Builders LLC Roof 1 $11,450.00 $10,000.00 The HPRLF has met and discussed the proposed project and costs and recommends funding up to $11,500.00 for the project to keep water out of the building. Enclosed are photographs of the building, contractor bids, and an aerial image depicting the portion of the roof to be replaced. HPRLF- 3000 Jackson page 2 Conformance with Guidelines: Please refer to Roofing - Materials on page A-34 and Roofing- Forms on page A-35 of the Architectural Guidelines for additional information. Prepared by! � = 'f Reviewed: a Date: l a/io o y .. _..._ - 03/05/2004 13-45 5152620502 -SHSI PAGE 03/10 'raa�' 'ti:."rM`.��=....��;,t�._.,:, ,..,�,=,�uu�i'.dd�str�svaradeui 2r�k'§ - �a:' • ;-�Su„�ay�»; •`• ;2�-�`-'�.-,.,.P�...,,.W,:-. . (.: 'IInrmfb. 10-300 1O•TAT I UNITED;STATESDEPARTMENTOFTHEINTERIOR NATIONAL PARK SERVICE pp gIJNkA L REGISTER OF W S,T®IRI C.PLyCE 3 S�,`aP• 6, INVE 8R�*�.I*JCIkYdIz°dATIOI�TFORM SEE INSTRUCTIONS IN HOINTO COMPtE!£NAT/ONAL.REOfST6R FORMS TYPE ALL ENTRIES- COMPLETE APPLICABLE.SECTIO S' NAME N/6TORIC _ _ AND/OR COM- ONN—�i7U15igne 401 nR'fynd M_ 21'tinv nv uj]Lian H & W 1btor )b cess P.00ATIO � s� .i STRWANUM04R. 30th and JaCRSM Streets _NMipR PUBLICATION .CITY.TOWN - CONGRESSIONAL DISTRICT h Dubuque �vlpNlTr'aF Second STATE .. CODE -. _ cOVN1Y •CODE Tnwa •" 7ECLASSIFICATION CATEGORY -OwNER9NIP STATU& PRESENTUSE 11�P—DISTRICT PUBLICX OCCUPIEp —AGRICULTURE MUSEUM y .E`HUILDIN0191 XPRIVATE ..:UNOCCUPIED +1COMMFRCIpL 'J'ARA STRUCTURE —BOTH - .„WORNINPR000CSS _JO.UCATIONAL . .PRIVATE RESIDENCE :I —BITE PUBIICACCtlI61T1PN AIOCE$SISIE` . _ENTENTAiNM9NT _REuplquS '_,pBJE CT —INPROCESS —Yw.R.ESTRICTED —OOVERNMENT _SCIENTIFIC •2 _6111,411 CONSIDERED YES]DNREST01CTED _JNDUSL'RIALTRANSPORTATION KNO __.MILITARY �OTNER; - OWNEIt OF PROPERTY . NAME tia« and iidinas 2-41 Dubuque Packin¢ Co STRb6T6 NUMBER (bld.l& '3000.131M Street •CNY,TOWN STATE Duoubae _VICINITY OF Iowa OL,OCATION OF LEGAL]DESCRIPTION, COURTHOUSE -- REGISTRYOFOEEDSAM Dubuque Gamy Courthouse . STRCCT D NUMBER 720 Central Av n CITY.TOWN STATE �TaLIP Tnl ra O REP'RESENT'ATION IN EXISTING SURVEYS TITLE - DATE' _FEDERAL ,STATE _COUNTY LOCAL DEPOBTTtlRYFOfl - -•-..� 9UR(IEY RECORDS - CIIY.TOWN STATE _ 03/09/2004 13:45 . 5152820502 SHSI - PAGE 04/10 t DIGSCRIP TION CONDITION -CHECK-ONE _ ppCHscK.ONE _qE�IfCB[LENT �OfiTER10IlATED .t?_yUNALTE9-RUMA _"ORI3INALSITE 4000P -RUM _MOVED DATE - . -.:PAIR JUN[KP6SE� DESCRIBE THE PRESENT AND OR101NAL':(IF KNOWN)PHYSICAL APPEARANCE The original, ten-building-brewery' con�plex consisted of 224,500 square feet of floor space. It'was.built around'an open court (45' x 100') a>id cnvexed nearly thxee acres* The;fo' ation; twelve feet d@ep .and twelve feet wide at *tae bottom,'is Taake o£ large overlapping staves on abed of.Concrete to prevent settling. ' 000. tons of Tion and' steel were mod,iil the buildings; the floors are steel, supported by heavy iron pieis. No Wood,res used:ill the structural units of the:6vaidings: Of the original complex, five. structures are included in this nomination, and are the only ones which retain their original character: 1. .Office building, corner of 30th and-Jackson street. A,seven-story structure 5uxnwunted by two.toiers of 30 feat. each.' It has galvariiaed iron Carnices'and a slate roof. Trantage is '62 feet, depth 40 feet., 2. 'Machinery house;, facing Jackson street. A 4k-story structure, 501:' 'k 50'. It is connected to the,office building by a stone, arched, entryway'into the court 3. Brew House, abuts Machinery House. . Pive stories high, with floors of rack asphalt laid on steel beams. Has an open center court with skylight, Dimension, ` are 54' x 521. 4, Mill House, abuts Brew House. Dimensions 25' x 52'. Nes a brick chimney on an octagonal bAse, oAginally.175'. high but;noir considerably shorter. S. $tock iipuse or Meier, attached to.rear of'office building. Has .five stories.and basement. ' Its open interior features brick arches .on iron 'piers. The maul facade of-this brewing complex issuggestive of the Richardsonian style. fi The. Tst floor elevation is faced withcut. stone, while brick is used for the remainder. The Romanesque arch is everywhere apparent. .It is featured in,wide, heavy Cntrancas.and windrnrs on the first floor; and again in brick arcades .of varying heights ab ove;.emphasixed by outlining the arch shape ili light brick. Straig tcjpped windows are' also;u-5 separated vertically from one another.by.decorative' brick panels; Wide' segrrtsntel arches on buildings 2, 3i and A contribute to the T variety.of window. shapes._ fixtensive corbelling below the Cornice line and.many pinnacles atop 'towers, turrets (both round and square)., provide additional decorative detail. Building Rl fea- tures corner pavflions ending in square, ,manserd-roofed-towers with piniikled dor- mars. The tower of building #4 has a .pyramid_roof and,very small,. circular dormer's. Each of these towers is set off from its base by 'a wide'; rounded arch of-Mono which marks the top:of a pavilion arcade.. Behind this elaborate front,.the brewery buildings become largely utilitarian in design. A few pinnacled:corner.pilasters, along with corbelling, wall pilasters, and the scattered use of the three wiridmr shapes (round- and segemtnal-arched, and rectangular) on Wilding 115. The interiors of buildings 1-5 exhibit few clues as'to their original function. Thoy have been used for.general-storage for many years, with a concomitant"loss of the machinery oncefound in them. Generally speaking; only theexteriorsof these WlldinSS'remain .to illustrate the original design and character. of the brewing complex. SIX CONTINUATION SHEET 03/05/2004 13:45. 5152820502 SFISI PAGE 05/10 �1/:i- �.asr ai't"Ys1- -�,a•s"„y Ae,.+.ci'rb K+s a”, :.��.;x'.ss--s'..a-eiY,'nnt�+b'eramm316�-"' ai�a4a.•. Inv,1044)3a0a Iflev,t0�T41 UNITED STATES DEPARTMENTUP-THE INTERIQR F0.51.4P-IS 0 LY' NATIONAL PAA K SERVICE i'„ •1,' . . - RECEIVER•' , NA:TIOdiAi REGISTER OF HISTORIC ]LAGES .: ATE ENTE Ed.� • • INVENTORY—NO11 INATION FORM' Dubuque Brewing and lialting Company buildings, Dubuque, Dubuque County, Iowa- " CONTINUATION SHEET _ ITEM.NUMBER 7 PAGE,1 _ Five other.buildings (listed below) were part o£-the original complex. FRur are extant, but have experienced extensive-alterations and additions which have destroyed their basic axChitectuical:and historic integrity, a 6. Coal Room,.east of and ajoipitg the Boiler House. 4 Y. - Racking ]rouse, across :the:courtyard,front the Stock House:. Two stories, connected with the Stock House by'a ttmnel. ' Dimensions are 401 x 1051. ;1 8, Wash House-, ad)aCent to Racking,House. Two stories-, 541 x 105'.. 9. Bottling works, 'eastern 'Corner-OR the lot, connected to the Stock house %by a,.tunnel. Two stories, 751 x 180'. IO: Barn, north of'Bottling Works.' Two stories, 651.x 138'. Space between . the Barn:and Bottling woiks was covered by a roof, and served as wagon shed and wagon.wash. " This structure was_destroyea.by. the-H 4w Company, and replaced with ;• a.610-story brick structure which.seives as office'space £or this firm.- No irmaNo exterior,Structural alterations have been made to the buildings facing. Jackson Street (buildings 1-4),.. Jhe bottling..works' and.wash house are occupied by the, Unique, Balance Company. 'A rkilroad 'spur to the center of the inner,couri enters from the north coiner o£;the complex. Acreage covered by buildings 1.5 (those included in. the nomination) is approximately 11g. .a . 1 ;I 93/05/2004 23:45 5152828502 -SH5I -- - 3.l.inFmx.A. PAGE 06/10 it—�.r��a,. ( z e. ,.,.rru� ts•si'Qte""�sYWa:�i`+k�n.�-:�'�s.m.. SIGIMC ANCE PERIOD AREAS OF BIGNiFiCANC.t CHECKANDJUSTIFY BELOW —PREHISTp81O .ApCR6ULOOY-PR631167OAIC .-.cPMMUNITY PLANNING —1AN09CAP@ARCNIPECYURE _R@Li010N —1400.1996 JIRCNEOLOGY,HI9TQRIC —a0NSjAVATtON —.UAW.' - ' —80ONVA • —16110-1599 :AORICu4TURfi _ �BCONOMIC9 �UTERATURE _SCUTPTURS _10004099 .XfRCHfTECTVOE ECUCA710N ..MIDTARY _ SOCIAVHUMANITARIAN ' y1700.1199 —'ERT ,.-ENPMEER(NG .MUSfC THEATER 1800.1096COMMERCE A - xPiNATION/SCiTLEMENT ;•_PHILOSOPHY _TppNS_PORTATION' 3` —1600. —COMMUNICATIONS _SNOUSTBY - –.V011nCS/GOVERNMENT ^,OTHER(SPSCIPYI' JNVENAON - .SPECIFICOATES - ' complex Completed 1895 dUnWAgCAITFCT . Louis Lehle STATEMENT OP`S16NIFICANGE - .`t Towers, turrets pinnacles, and Richardsonian arcading and use'o£ materials extend-the signjficance of this commppl�ic<.beyonii'that'af.a merely good ,oxample of brewery. design, Eiistdricalip; file Nbugge`Brewing and Malting"bufldings- represente ante-major industry in.,Dubuque, the years of+its°operatioh.(1695• 1916) seeing no -fewer than nine such brewries-at work at.the same time. The Dubuque S and Malting COM any was incorporated l4:April, 1892',, with A cAf apital $550,- 00, later increased to $250,000: ' The new company was a merger of foar-otheT Dubuque breweries '-- the:Heeb,, Igwa, Western, and Nor.,. them -- and contributed to-the city's reputation'as .the major brewing Canter of.ihe'upper'rdssissippi Valley. Louis Lehle, a'Chicago architect and brewery designer, .drew the plans, and Fridolin Herr, .Sr:,, a prominent Dubuque architect,..engineer"and.sculptor,"was engaged to superintend all phases of.the brewery's construction.., The entire complex b Was COVIeted by 1895, the cost of building and equipment $500,000:, Theenactmentof prohibition in Iowa forced the closingofthe brewery in 1916. The capacious buildings were acquimd;a.few years-liter,by.tho-Corn 'Belt Meat Packing Company, followed by H G.W hmotor Express in:1930: . In 1934 A.P: Heeb, one 4 of the partners in the original Dubuque Brewin arid-Malting opexat an, attempted to revive the business, but.by 1940 H .✓a W had.iRoved back to the plant. It has since been used for general storage. ,y 03/05/2004 13.45. 5152820502 SH5I - PAGE 07/10 U �MA�OR B EMOGRAFMCALWERENCES The. Dubuque Herald, 30 'Oct. 1895. Oldt ai♦d QuiS� eZ—y.:,.Dubuque County Hi'stq�rl , 1911. "The Dubuque Brewing Malting coW.-q , 'illustrated guidebook -issued at the o a*a of the breve_rryy *1 1895. ' TAtkati{ye Telegraph Herald, 13 July 1917. .Sanharti circ TnsuranceTlan, Dubuque, 1909. ®GEOGRAPHICAL DATA ACAEAOEOFNOMINATEOPAOFERTT aPPTOX,. lf¢ - OTM REFERENCES Al1. S1 1619, 64 IIA4gg41 ZONE Ep$TIN NORTHING O Z' N 'EA$TIN NORTHING D(� 'II � I ,' , I ► � 1r1t1 � ' JAZ BOUNDARY DE flIPT10 - s , , PSTALL STATES AND,COUNTIES.FOR"PROPERTIES OVERLAPPING STATE OR COUNTY'88UNDARIES STATE COBE couNtY CODE STATE _ _ Cook � � DUNiY. CODE 1FORi M.FREPARED B7t `Helen Mercer OHGAWAVON - - WE, Dpbuque County Historical Society STRGET6 NUMaFA 2241.Lincolm Avenue CITYORTOwN > 1.. _ Dubuque - Iowa STATE.HISTORIC PRESERVATION OFFICER CERTIFIC.AITION THE EVALUATEDSIGNIFICANCE OFTHI8 PROPERTYWITHINTHE STATE IS;. NATIONAL_ STATE $ LOCAf.;_..,. - Ir,a AeihP daslgneted State Historic preservation Officer 10xth0N30onal Hlstorle Pleservatton Acto 81 u to Lowesi-Mim hereby,nominate this OronmW for Inclusion{n'the National Register and certify that it has bean evatuatecr accarding to the criteria and Oroeadir'res set forth by the Nation at Paik$oiuke. ' , 6YATEHf670flICPOESEAVq"ON OFFICER 6i0NATORF� TITLE Director Division of Historic Preservation DATE 7 January 1977 E: KSRS 'ONk'Sff77il'�:�'i�(;i71=�{�'�^YrkPii It 11F .,r:.r.E::!IS'"I 't*111:b. ¢7:��I,c• r r .��{`{,' + i..; 'r� r f':BYjCE�F��T�I�jrt♦,I�sijft8E�j1�t`,�fJ��t�IF"�IYF'f�F7�i4t'�U1Q?(�i(�ECif51r6 ; � rr 917�i ;ti:i~w,1 -� .r { trrr.n>':•.ik r• i �h..E• fl,e��}f{ ' ti4: RLfrP:.f. 9x;ffn tSYfirtY.•" {. �tSS r11;"•" tt�$tP; a §' �.?R16''>4�R+�?4`@�s�T a tc��� { r� aG,:e.'rw;:p�tu � ,'t4f' s Sbt �f� • - x ' 'n':t+u -w''++y7`f •;:rr . , : Y31`StY�t�ptfilrtililL'is't:eGjrFiieFfi>'iriki�?t+P�rir? y�r uy �fp f t� ?,ii�+•....4rtN' • .... r•s. ...,.9 .....i. .5....:T{ . . .-..:' .. '_ .. ..:: . :.. n:' t.r.u..., , r:. .(t5,"� A!`:..,die�;1W. '- R{+0 OF.itIR"CHEOLD6Y,iAN NISTORIO;P,RE Elt1tA arFe+x rre: - �, � " :NA4{1:7;,rz=.r.�ttt:l�t!�StttrtHSiil+t. i+'• T �_ +�I7ttfNr�..l���' -}• FB�t!'i5U}{t{�L3 +fiiS:'�^:;r;t, ' ,a:..,.' •. 4 'Af��"kf;ffi <F,?tIM{rt.YG'?i7�{+'ltF;tf"A{j4T5{Y4::. 14 .• = ,rt u . f FTN£NATIDNAt RE(itSTkfC+ltN.lr<<`=SIf kh.`;!tifhP{K't?4f''ii1; '3fcti{8f1T�;l4lte}`It jtFl°��fN[;;@�}St�et{ki, ,N y.n ` StSttia;r lfd�ttittc. t,�•`�tt7,1`h,�rta?`iiFlif! +T +iP�'4'tk�+51Ne'# ' St:X4'�. `23L �qN t r� , i,tr; • _ _ - _ 6?0 893.15'J �+�M1^4a�mq. LSA wm.+ !a`m..masmamx.aci. _ f{� •`@3/05/2004 33:45 5152820502 - psi - PAGE 08/10 �� "1•'.r ^'•1'~..J_r n• . M V•'• ��.M•i nMr h � '�'RN,:•1 L Y ~ •• -'x.•,=• T•��. t kr .t• �'`P h`fI6hH. ';�� .T- .I:':'L�.�s:�„ • 15�” ' ,; ';� ...ti'`n `• ` � ' =,w � -I:4 � ', .-. ',4�o•w�� �.I.��Q :;l'.i r=4iyf�`sY,,;`y�/#'�+7 •f?� � �\ O.d'� I_��u.-•,' ,. L., ,r:r •i�'�-'.. '�/ .',�`�',�,:Y+f�' ,,'6a ��.� ".y,, \ �♦b�} i::t _ �'." •:� �'4' ' :\`y vso E e fl '�cG. t r15t , ` r� •`t� , f � G.rt �. . - _ '• _t. " b` •r�'� N _' ate L/ 8 %._� .,', bfnYv •' r�_i .1 i.: '.•.'T-Tr S ..f �-. , �, � 1•.%.•• a...^'•ig}an`'. - f `q ...�,` `S. tri`.i4 .r• .r.. } 1:: .r.:'-•!i' _ yr • t�� AM 'i•. t YEA.�:(,'.,•:"i•.:` r, -I t' .Y�y a 2,r✓�•.;.; fk �t t •' • C¢rou,t t /r . Y�,<.:, • , le-:�',,,,.•:'t�, {{.;.: (y,•�.''' �:�:�� ` � �ntq a �{�� ,v .1° <'..•� _•,-S r.,/I ` '/.1 .r�., f..�. ...h. �✓t: .^r\•r� �,if ;fi._-.. r.4 t_ . gb wY',ai ,.� t•..�,_:f ,�._ .. �i1�.� n!lrNPn�,f . f�•'� _t�r..:..�_ � ',a._: - A' .�'-'• 'Ai ' ! " r n_fi_, s •3•. t ':.., p 7 , 6.1Nk4-- _ „ rN ^•r. .i .• ... • �� ?4 p • nt i .,�a� �3`• .:%.r. ��y -I�.r3t�i''t'`.li�\} •y,'' iS:f ^ � '•I. .��pp�pl�•r)nhcpf'r r.Y n1 ;', ~t-. •: ,;:•er ctir'ijl'. i' y/ S' !.• rt r'v]: :e s�]• t�f,t�� d� Qh.tr.a�t,''•'r�,.�. V - - '� �' fTrY� A!dr _ •�i:.. ' <�`rb[�,, r h �f��. c,- `,. �y � ' :S� �4 F: r :w r""• ._ .. r., :'„M1r"�C.';<� J' hr::a '\'�• � •t1'QYYy��� �ti Y'Tr- . ' r_ .r•� . ' i. _ rf r .- :�,��1:.-y gib'• le tt¢tt¢Y •� � " ?f® �. :•ej i p, 'Aar^,`�"t��.�q�i'••�_ r't r}�' rk:� ti�:fir' � �'RP^''"_`_.;"�::,r.:....�.�.SC .�t{"�. -��1'r '�� �t��t 'f 1p f1`7,.JP`.A,�y' o „_'�8��^t5'::,,' . .•t•.,� . , r :�i.t r `���r.�r Icnu - �,�Y.t _.<•�.y. ^a..r.=::: �i:r �� y'.�' .�,t• ��ComvSk, n`��, +.t: � �A` '��lln •fMn � S/' ''t•.-♦•"�f '��;"b:a.�� � •_ 3 :.t , • �p '�6..e:'� 1SirtTgl t.r�{C•.,,, ` b wlC -v,—. , •y f-_^r r.a .' •_ .•i .yhu-bojl• y •f 0`' d - '�N RCwr o (A .�\=_.• �� _ r,(/ 4 .t:"•t=1.+ • " °t ifG '9 �.ti ��•!�p kJ ilk,,l :J� 'r .`t ••ol Co 6'.r`-,a.l 9^,1y fr^- .i.Hp :lf'-j• ' r -^\t ••`a'R' { Y:i. ` r f ' ^ t.f ?� A _.1�_•..+-•r•.... :.�JA�C�kq Pt e xan.'��•^�_a',�.•��}:_; :r:.1.p:'iewf�pl. }_ r}•'•''"''� �rp''^:;.yr"am,•n_ .tr� • ��� 4, f pig s �... f•""'0ti'r" "Y"': on Sdh I ! ' "C?,'klal.',. :.=r. .1,t•r '. t � 'r$ y i r'J::'. . +'S High S''rlt•_J V: g 1 et..fv+ 4rh� Yvl 'n a44 :a•• '�v �r.: •'•'" r_`'�: '" '{�.,,• '•Sr♦`"�=tom' ,• 4, "f :.0-7� O �•r.! 'g' �e. P ..., 1•pr tloUk - 't='t .,, ,.L�I� �` � •^J}J/lj�J�/fig fir;y? aai.liry� t ^�'1f nw ,�,n•J• r. � �fy £i 1. f f:.Y ��I, �i� t,Y � r .hL�'.�. : !,�" (((,•,�, ` , ¢ pror r '.' 'c°CwSe�1 �'�1'`'� + '�ti?,. • ••` �' V..i!!.i:: _ �310.��:l� � 7,� r .j6",P�i,Ht.S'�i S �.rsnylt„r, VVV i n...Y•_ �y ( ' „���',�„^®'1• , .p. T♦ .°r.. �, ' �''.H .d� :� ft, '• » r4•l'7. '.. er 1 - •'.r r..G'.G-IJ.:...1,._y,�,�u�,t'. 'r.�p,gt =' �>. r �•r �e^^,,” J' ♦:P._�f� 'I'nvrlM1w6 ,tp�• r, Ic �yY 4" f� S• y�pN� lti 40 Aft, 3040 Area to be roofed a r� -- U ; 'Now , y _ (T r. 3000 30TH _ z ME nfD iml " 29 "~• Y2955 4 ( y 2998 320 m iI Y I�nr,i"•.." i J r i L _ - �34Sl0q WORRTO BE PERFORMED A' ROpOS.^'r- SUB'.i;TTEC TO ADDRESS _ - NAME - --._ S w-k ADDRESS DATE OF PLANS _ ARCHITECT __ e• t r�ax�� We hereby propose to fumisn N'a atenals and perform the labor necessary forrthe completion of 5� L.�{ r.c�F�.,,:1�-._3dy+,.-^a."_'•—`s�t_4!- ' a r Ak[a:Lr"_ r 1�— I Add C. _sea'iL4ax §�hzrt— i Y f - p I'. 1'. ti I; 4 S 4 All material is guaranteed to be as specified, and the above a work to be perform for in sum of Ce with the drawl ngg�sP�'f'rations) submitted for above work. and completed m a ---Dollars wlth payments to be made as foliows. �AI ygr�dt„� Respectfully submitted 3 ..r. a .e ,>:.n 1 s r ` a Per ---- T - — •” A ay a-i5 w �Fn ,t:- s. e . e. Note - This proposal may be 'Nithd,a'wn au-e by us if rot accepted wtlhin — r ACCEPTANCE OF PROPOSAL a Sd''�fai tory and ale hereby a[CaFle7 YOu are auWot2ad to do the'hcr' madam as c,..Vl,-?-I -- KEY CITY BUILDERS LLC. 4060 Peru Rd. Dubuque, Iowa 52001 Emm 563-451-5632 AGREEMENT THIS AGREEMENT IS SUBJECT TO INSURANCE COMPANYAPPROVAL Nana Date Address_ '---�'—� _ £ity/State/zip Billing Address_ "- _ city/Sta;JZ4, ---_-- Home Phone Work Phone RECOMMENDATIONS&NOTES SPECIFICATIONS ❑ Grade of Shingle:_ —--- - -- --- ❑Style of Shingle: -- 0 Color of Shingle: ❑ Ridge Material 0 Valley: ❑ Vents: _ -- O Plumbing Stacks: ❑ Metal Edging: ❑Tear Off ❑}es 0 No: :::::::-Layers AdditionaLScopeAttachnient ❑ Felt/ Underlayennent: ❑ Pitch: PayPerTrade: _ 11 Remove Trash From Roof,Gutters,And Yard DEUIYERY INS RUCIIONS ❑ Noma Landscaping V Irerc Appiicabic ❑ Roll Yatd with Magnetic Roller ------- --- ❑Furnish Permit COMPANY'S LIrMITED WARRANTY SPECIAL ATTENTION AREAS SEE LINE ITEM 22 ON BACK Ice&Water Shield . . . .. ... . . . . . . . .....❑Yes ❑No Cover Pool . ... . . . . . . . . .... . . .. . . .. ..❑Yes O No r Existing Curter Damage . .. . . . . . . . . . . . . .❑Yes ❑ No RECOIyfMENDATIONS &NOTES Existing Dri may Damage... . . .". . ... . .0 les ❑No 1.) Paid Date:__ CKn"____ -- -- — _. _— Skylights: --- — Leal,: B, anceDueUponCnmp;rtion 5----- .:uerio, Cyama;;e: 3j PiudD:rte: $_ Emetency{iepair. . . . .". . . . . . . . . . . . . . .0}cs 0 N — Shccti ng Required. .. . . . . . . .. . .. . . . .. . .❑}es ❑ No GENERAL CONTRACTOR: I lomcotvuct ackno•sledgc,Key City Builders LLC as.t GenCra' Contractor and as such will he entitled to 10`o overhead and I O'b profit,as allowed by insurance indusuy standards. INSURANCERNIORTGAGE COMPANY NOTE: 1 hereby anchorite the instu:. ,.ulmp:nr::nl&m file mor,...,....company bdov, a; make anv ehe:k<joindy. "CER1\4S:This agreemcnf doer uo; oblig.ue dm homeowner r,r ICey Cig•Builders LLC in,my:,::v unless it k appra:cd by the insurance company.tnd ac cpfed be I�ec•( its Buildeis I.I.C. BY siYnim.thi,a,rrement th::6wtucoo;nrr authorises Key(:m'Build''. LLC to pursue the h m cots nes. I.c t m crem tw a roof rcph,cment to top h .n a pn._c arrc•cablc'to the inzurance comp-un'and Kev City Buildeis LLC with no additi"mal cn,i to tirr hmn,otkna rsccpt thr dcdn,tiNC Nihon "pri..c'a};rr.ahlr' i.,ticto"min,d it'11111 bcunuc d:c linal unman pnu of$ _ . and 6mneu.encr aurbnrile.hes(:in" Builder, I I(:to obtain L!bo; •n,i m.Ht ::'d io a.:ordanee r-ith the i rt,. i Ir` m 1 tic sl,re:hc neo 1 'ut ow h,r in at d on dv, alI I .6 1, ih, ,J to ac, mpl i,6 r!u 1cpi euwilt of ;cpa it.slur anti all m 11111 11c,:r,„I h,I ) I!J, im!u u1, 1rll} ore a.i;vtt([l l onNa:1,If er,-Inc,, t .nd pi,dlr i i !', ,i�,; i ,rn„,sill be IMid to K,; t, Bu ilk]"I,I.L!.in add iriou u:th, n,r.n a: price ah"cc. . You,the btt-per,may caned this trflrrcacnon at any time_prioI to ruidnighit,r file third Lhftsiness day after"tfte date of the transaction. A"Ciltcd h) (nand ,,; I)at<" Crenna N.Brumwell,Esq. THE e1TY oe Assistant City Attorney Dubuque Suite 330,Harbor view Place f i DUB E'i 300 Main Street AJWzwb My Dubuque, Iowa 52001-6944 1 I I Masterpiece on the Mississippi (563)589-4331 office (563)583-1040 fax cbrumwel@cicyofdubuque.org 2007 August 3, 2010 James Krueger Auto & Truck Parts 3000 Jackson Street Dubuque, IA 52001 Re: Court Order—CICV066865 Dear Mr. Krueger: Enclosed you will find a copy of the court order entered on this matter on May 26, 2010. If the violations are not corrected by August 25, 2010 the City of Dubuque is authorized to enter the property, make the necessary repairs to correct the violations, and assess the costs of the repairs to the property. If you have any questions on the violations, please contact the Building Services Department at (563) 589-4150. Thank you. Sincerely, Crenna Brumwell Assistant City Attorney cc: Jeff Zasada, Inspector II IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY \CITY OF: ) !�DUBUQUE, IOWA ) ;' CASE 01311 CICVO C 1 PIamtiff, ) ORDER Defendant. ) On this date, the defendant: appeared and admitted'the violation. I I failed to appear and is found to be in default. 1 appeared and denied the violation. IT IS THEREFORE ORDERED THAT: A separate written Order will be prepared.' A civil penalty of is assessed together with court costs of .i $ J The total penalty and costs in the amount of $ are due on or before IT IS FURTHER ORDERED that if the Defendant has not fully complied with all requirements of this Order,including full payment of all amounts due, she/he shall appear on the 2nd Floor of the Dubuque County Courthouse on , at 1:15 p.m., to show cause why she/he should not be punished for contempt. FAILURE TO APPEAR MAY RESULT,IN THE DEFENDANT'S ARREST! PLEASESEE REVERSE FOR FURTHER V_iA_TION. i Vl � tit , �, ,�. ��,. � i ;j� l ' , �. it' y� • ✓� rii I a ', � ,. I �( � - r,— ' ( t J Hearing'is set for l t T , at at the Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa. i'lK < C,=(i If assistance of auxiliary aids or services is required to participate in courtdue to a- disability such as hearing impaired, call the Americans with Disabilities coordinator I f at(319) 833-3332. If you are in need of dua7pTtelephone relay services, call RelayIowa TTY at 1;800735-2942. � \ Dated this ` 1 I � _ / I� /JUDGE / Copiesto, hv: � i�ate: ��r., 01- i Defendant or Attorney (pink) City Attorney (yellow) THE CITY OF Dubuque Building Services 50 West 13a' St IUB E ' gyp Dubuque, IA 52001 Phone—563-589-4150 Masterpiece on the Mississippi Fax—563-690-6687 200 March 1, 2011 J ' James Krueger L Auto & Truck Parts 3000 Jackson Street Dubuque, IA 52001 Re: 3000 Jackson St Jim, You received a letter(copy enclosed)from Crenna Brumwell, our Assistant City Attorney, dated August 3, 2010 which explained the deadline of August 25, 2010 to complete all roof repairs.If the deadline was not met then the court would authorize the City of Dubuque to acquire bids to repair roof and assess the property for the cost of these repairs. I met with you in January of 2011, to check the progress of the repairs. There still remained sections not yet completed. You informed me that you had a tenant for the front of the building and the roof would be completed within a month. Then just over a week ago when I saw you in the parking lot of The Point Restaurant, you again stated that the roof work would be completed within a month. You have until March 31, 2011 to complete all repairs and have it inspected by a member of the Building Services and Planning Services Department. Failure to meet this deadline will give the City no choice but to institute the court order and have the roof repaired and assess the property for the cost. Any questions, contact me at the above listed number. Thank you, Jeff Zasada, Inspector II Cc: Crenna Brumwell, Assistant City Attorney Dave Johnson, Planning Services THE CITY OF Dubuque Building Services 50 West 13`h St r ,- NI-AmericaCihf Dubuque, IA 52001 FgI � Tea � : 7 ? 1 j Phone—563-589-4150 a! cl � Fax—563-690-6687 lVas4felT7iece art- the Mississg7pi 2007 April 21, 2014 Auto & Truck Parts Inc r 3000 Jackson Street Dubuque IA 52001 Jim Krueger 410 W 17`h St Dubuque, IA 52001 RE: H & W Building, 3000 Jackson St Dear Mr. Krueger: I recently observed the south wall of the above-listed building with staff from the Engineering Department and found that the brick masonry is in need of repair. Specifically, I noted that there is a bulge in the section near the tree and that several pilasters are also listing towards 30th St. These concerns present an immediate threat to the safety of pedestrians. The City has taken this step to ensure public safety: 1. The City has fenced the south side of the property to prevent injury to pedestrians and/or damage to vehicles. You will be billed for this expense. You can also put the account in your name at SELCO to avoid any additional fees from the City of Dubuque. This fencing must not be removed without prior permission from the City of Dubuque. The following steps need to be taken by you: 1. Provide an engineer or architect's analysis of the needed repairs within 30 days of receipt of this notice. Changes to the safety fencing may be needed, bayed upon the analysis. _-Pmyide a timeline to the Building Se_r_vices D_ epartme_n_t onyouur effort to make the necessary repairs upon receipt of the analysis. Feel free to contact me at 563.58 to discuss this issue in further detail. Sincerely, Rich Russell AICP Building Services Manager cc: Assistant City Attorney Crenna Brumwell City Engineer Gus Pishoyos IIW P C August 1, 2014 xww uwengr com Rich Russell City of Dubuque, Building Safety Department ARCHITECTURE 50 West 13111 Street CIVIL ENGINEERING Dubuque, lA 52001-4805 CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING Re: H&W Building, East 30th &Jackson, Dubuque, Iowa LAND SURVEYING Initial Right-of-Way Observations MUNICIPAL ENGINEERING IIW Project No: 14006.07 STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dear Mr. Russell: In accordance with your request, IIW, Dennis F.Waugh,PE/SE' P.C. personnel(Engineer)visited the #1 Charles A.Cate,PE" above referenced property July 31,2014 Gary D.Sejkora,PE to observe the general condition of the Michael A.Jansen,PEISE structure from the public right-of-way. Ronald A.Balmer,PEISE/AIA Timothy J.Tranel,PE' This Report is intended to provide a >':- John F.Wandsnider,PE qualitative assessment of our initial Julie P.Neebel,PE observations, and is not to be construed James,P.Kaune,PE as a comprehensive evaluation of the Thomas J.Oster,PLS" subject property. We did not perform Wray A.Childers,PLS invasive techniques or collect samples for Geoffry T.Blandin,PE off-site analysis in the course of our Mark C.Jobgen,PE Lauren N.Ray,PEISE' investigation. IIW reserves the right to I inions and conclusions I Bradley J.Mootr,PEISE reconsider our opinions / Cody T.Austin,PE' if further evidence becomes available. Marc D.Ruden,PE For reference purposes in this Report it is Mark R.Fassbinder,AIA' assumed that Jackson Street is along the �/ Michael A.Ruden,NCARBIAIA' west side of the property(see photo#1 Craig J.Elskamp,AIA looking NNE). Eric J.Helminiak,PEISE' Steven J.Hunn,PE The structure dates from the late 1 gt" Jeffrey J.Brandt,PLS/RLS centuryand consists of multi-story multi- ?� _ Craig J.L.Geiser,PLS/RLS ry � , ` Adam J.Mods,PE wythe brick and limestone masonry load a ' David A.Leapaldt,AIA,CID' bearing walls. The structure has —� Nathan W.Miller,PE obviously suffered from a general lack of maintenance and water intrusion, resulting in significant G.Alan Peterson,PE erosion and delamination of brick cladding,as can be seen in photo#1. Areas further to the east of Damian D.Baumhover,AIA hPE photo#1 are experiencing considerably greater degrees of brick loss. White staining is caused by Gene A. S, Nicholaass AA. efflorescence, which is the.leaching of lime from the mortar by water in the wall system, which is left chneider,PE on the masonry surface when the water evaporates. Efflorescence is widespread on the fagade of the building, evidence of a high probability of systemic water damage. LEED AP "Retired The loss of one or two wythes of brick masonry on the exterior of the building is problematic; however, the overall thickness of the masonry wall is likely greater than 24 inches in most of the affected areas, thus generally the bulk of the load-bearing walls is likely to be functioning adequately. The loss of exterior wythes is likely to accelerate deterioration because the interior wythes are generally softer brick that is more susceptible to erosion when exposed to water. Aside from the loss of brick, we found two specific locations where observed conditions warrant further investigation and the likely need for immediate action. 4155 Pennsylvania Aranua,Dubuque, iA 52002-2628 o IP; 563.556.2464/803.556.4491 • [F]563.5567811 11 l H&W Building August 1, 2014 Page 2 of 2 Referring to the area above point°A" identified on photo#2,we found an outward bulge on the wall in the vicinity of a pilaster at the second story limestone belt course(see photo#3). In our opinion this condition is indicative of significant structural issues that could lead to instability and a partial collapse of the structure. r .mss #2 JIM .. Referring to the area above point"B"identified on photo - . #2,we found a segment of the may, a . second level limestone belt -l' course has lost nearly all of its brick support(see photo#4 of -- the area and photo#5 close- - up). In our opinion this stone element is on the verge of falling off of the structure, along with a significant area of brick in its vicinity. - --- - In our opinion immediate attention is warranted to address these two(2)specific issues, identified as points"A"and "B". Furthermore,the overall structure is in need of significant maintenance work to prevent additional similar issues from developing in the future. I hereby certify that this Report has been prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. For IIW, P.C., ���BAleHB07103!)a� yfV` +L d�nu wueyy d ����ry a� tea- Ronald A. Balmer, P.E. {8 R1Afi�7�r' tg IA PE#11261, Renewal Date 12/31/15 6A( a ( �s$i17;1 i!oElyBli:' ' IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA �+ CITY OF DUBUQUE, IOWA (Plaintiff), vs. No. Defendant: Auto&Truck Parts c/o James Krueger Address: 410 W 17th St Dubuque,IA 52001 CITATION/MUNICIPAL INFRACTION Birth Date: D L#/T I D/FEIN: 13101949 The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: 10 / 23 / 2013 at 10:45 A.M. ❑P.M. Month Day Year Address of Violation(s): 3000 Jackson St Defendant herein did violate Section 16-10-5B of the Code of Ordinances of the City of Dubuque, Iowa, a s foilo WS: 60ding ssuffering Rom Demolition by neglect as the roof has partially collapsed,the exterior beck is spalling,and mortarloints are cmenorating to the point that large sections of brick are falling off building to the public way and creating a hazard to the public.There are window openings that at one time were covered with wood and painted, but some have been removed and are allowing weather to further deteriorate the building. The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty in the amount of $750.00 , court costs in the amount of $85.00 , and to correcticease the violation as follows: Complete any and all repairs to the structure to make it weather tight and safe,and continue to maintain the exterior so as not to be considered a building suffering from Demolition-by-Neglect. If owner is unable to maintain building the owner should take action to divest Itself of the building. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON: 12 / 02 / 2013 at 11:00 A.M. F—]P.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU The undersigned attests that the matters herein are true and correct. City Employee: Date: 10/23/2015 Title: Inspector 11 40FPhone Number: 563-589-4150 PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at(319)833-3332.(If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is P.O. Box 1220, Dubuque, Iowa 52004-1220 White: City Attorney Yellow: Defendant Pink: City Attorney Gold: Department PROOF OF SERVICE t4v,6 ,v- %ra.c k AoLr7ti STATE OF IOWA ) 510 Jr� KrL--�� f COUNTY OF DUBUQUE ) ss. y � I certify that I personally served the attached citation by: Certified Mail ✓ Personal Service Substituted Service Publication a copy being given to James Krueger on the 23rd day of October 2015 Signature of City Employee Subscribed and sworn before me, a Notary Public in the State of Iowa, this day of 20 Notary Public, In and For the State of Iowa THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Unless you obtain an exemption from the court, you must register through the Iowa Judicial Branch website at hfps://www.iowacourts.state,ia.us/Efile and obtain a log-in and password for purposes of filing and viewing documents on your case and of receiving service and notices from the court. For general rules and information on electronic filing, refer to the Iowa Court Rules, Chapter 16, pertaining to the use of the Electronic Document Management System; https://www.iowacourts.state.ia.us/Efile. For court rules on the protection of personal privacy in court filings, refer to Division VI of Iowa Court Rules Chapter 16: https://wtivi.iowacourts.state.ia.us/Efile. Dubuque bt FR L NI-AmedcaCh 1111V Masterpiece on the Mississippi 2200;•2012-•2013 December 2, 2015 TO: Cindy Schroeder, Finance Department FROM: John Klostermann, Street/Sewer Maintenance Supervisor SUBJECT: Invoice Auto & Truck Parts Please invoice Auto & Truck Parts in the amount of $2,440.90 for the set up and monthly rental of traffic control and safety fence at the property located at 30th & Jackson Streets. Set up: 10/23/15 4 hours labor $ 662.36 4 hours equipment $ 452.00 10/26/15 1 hour labor $ 125.24 1 hour equipment $ 22.00 10/29/15 3 hours labor $ 201.30 3 hours equipment $ 126.00 Total set up charges $1,588.90 November rental: 9 rolls of safety fence @ $1.50/day each $ 405.00 4 type III barricades @ $1 .00/day each $ 240.00 30 tall cones @ $0.75/day each $ 675.00 Total rental $1,320.00 Total amount due $2,908.90 Please mail the invoice to: Auto & Truck Parts Attn: James Kruger 410 W. 17th Street Dubuque, IA 52001 Credit payment to: 25054400-53620 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY SETTLEMENT AGREEMENT City of Dubuque, Plaintiff, Case No. 01311DUCICV103712 V. Auto & Truck Parts (James Krueger), Defendant. In lieu of a hearing, the Defendant, James Krueger, agrees to the following settlement related to Case No. 0131 1DUCICV103712: A. Zero dollar ($0.00) fine; eighty-five dollar ($85.00) court costs will be assessed to the Defendant. Total cost for Case No. 01311 DUCICV103712 of eighty-five dollars ($85.00) shall be paid within thirty (30) days of execution of this Agreement. I IT IS FURTHER ORDERED THAT Defendant must: A. Cease all operations and salvaging by December 9, 2015. B. Seal all emergency leaks by December 23, 2015. C. Submit proposed schedule of repairs to Jeff Zasada at the City of Dubuque Building Department by January 6, 2016. Defendant must then complete all repairs in accordance with the repair schedule that is approved by Jeff Zasada. D. Before resuming lawful business operations, Defendant must get water to building and submit the premises for re-inspection by the City of Dubuque, including but not limited to representatives from its Building Services, Engineering, and Planning Services Departments. i OR Defendant presents signed purchase agreement by January 31, 2016, then Defendant will no longer need to comply with repair schedule. If the Defendant does not perform pursuant to the conditions listed above, then the Defendant agrees to plead guilty and authorizes the entry of judgment to the offense as charged and the Plaintiff will recommend the following sentence: A. $750 + $85 and a Court order requiring completion of repairs and halting all business operations carried on within the premises until such repairs are made. Dated this 2 day of Dt P(Mb r , 2015. i j SignatM of Defendant jr l�h-c--.--- Signature of Maureen Quann, Assistant City Attorney I i Nancy Kann From: Flint Drake <fdrake@drakelawpc.com> '� Sent: Monday, January 11, 2016 8:38 AM To: Mary Gronen; Nancy Kann Subject: H&W Building Attachments: Offer-Brewery Building.pdf Attached please find a revised draft of Offer for the H&`V Building. Offer highlights: 1. Seller must clean up exterior by March 1; 2. Seller must clean out all but first floor by April 1; 3. Seller must remove first floor items within 30 days of request of Buyer, 4. Buyer has open ended due diligence until Dec. I.By that date must notify Seller if will proceed or not. if do not provide any notice then the agreement is null and void. If determine to proceed the closing would occur Jan. 10,2017. So remember-if you DO want to buy most notify Seller in writing by Dec, 1 and you would buy the property "as is". Please advise of other questions or revisions. D. Flint Drake DRAXE LAW FIR11,P.C. 300 Main Street, Suite 323 Dubuque, IA 52001 Telephone: (563) 582-2000 Facsimile: (563) 583-5225 www.drakelawpc.com Thi,,-mad]is contidenval- It is sent pursuant to the attorney-client privilege doctrine.It may not be used by my person other than its addressee(s). Please conuct the sender if you have received this a-mail in error. This e-mail and any amachments are believed to be free of virus or other defect However,as with all a-mail and attachments,you should scan each to venfy thatit is virus free. Drake Law Firm,P.G is not responsible for loss or damage arising from use of this a-maiL Any discussion of Lv matters contained herein is not intended or written to be used,nor can it be used,for the purpose of avoiding any penalties that may be imposed under federal tax lawi. • 1 FIint Drake OFFER TO BUY REAL ESTATE AND ACCEPTANCE (NONRESIDENTIAL) TO: Auto &Truck Parts, Inc. (Seller) The undersigned BUYERS hereby offer to buy and the undersigned SELLERS by their acceptance agree to sell the real property situated in Dubuque, Iowa, locally known as 3000 Jackson St.,Dubuque,Iowa and legally described as: That real estate owned by Seller on Jackson St, Dubuque, Iowa including Parcel No. 1013106017 and Parcel No. 1013106016 (complete legal description to be provided by Seller through abstract of title), together with any easements and appurtenant servient estates, herein referred to as the "Property," upon the following terms and conditions 1. PURCHASE PRICE. The Purchase Price shall be $30,000.00 and the method of payment shall be as follows: $500.00 with this offer, to be deposited upon acceptance of this offer and held in trust by Seller as earnest money, to be delivered to the SELLERS upon performance of SELLERS"obligations and satisfaction of BUYERS' contingencies; and the balance of the Purchase Price, as follows: In full at closing. 2. REAL ESTATE TAXES. Sellers shall pay real estate taxes for fiscal year 2015-2016, prorated taxes for fiscal year 2016-2017 and any unpaid real estate taxes payable in prior years. Buyers shall pay all subsequent real estate taxes . Unless otherwise provided in this Agreement, at closing SELLERS shall payBUYERS taxes from the first day of July prior to possession to the date of possession based upon the last known actual net real estate taxes payable according to public records. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the data of possession, such proration shall be based on the current levy rate, assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the assessor's records on the date of possession. 3. SPECIAL ASSESSMENTS. A. Sellers shall pay all special assessments which are a lien on the real estate as of the date of closing, including all future installments of any such assessments. B. All charges for solid waste removal, sewage and maintenance that are attributable to SELLERS' possession, including those for which assessments arise after closing, shall be paid by SELLERS. C. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by SELLERS through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to SELLERS. E. BUYERS shall pay all other s SELLERS. pecial assessments or installments not payable by 4. RISK OF LOSS AND INSURANCE. SELLERS shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. SELLERS agree to maintain existing insurance and BUYERS may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however,.BUYERS shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. 5. POSSESSION AND CLOSING. If BUYERS timely perform all obligations, possession of the Property shall be delivered to Buyers on January 10, 2017, and any adjustments of rent, insurance, interest and all charges attributable to the SELLERS' possession shall be made as of the date of possession. Closing shall occur after the approval of title by BUYERS and vacation of the Property by SELLERS, but prior to possession by BUYERS. SELLERS agree to permit BUYERS to inspect the Property within forty-eight hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. This transaction shall be considered closed upon the filing of the title transfer documents and receipt of all funds due at closing from BUYERS under the Agreement. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. Also included shall be the following: The following items shall not be included: Any of Seller's equipment, parts or personal property located at the premises. 7. CONDITION OF PROPERTY. The property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the SELLERS, in its present condition until possession, ordinary wear and tear excepted. SELLERS make no warranties, expressed or implied, as to the condition of the property. 8. ABSTRACT AND TITLE. SELLERS, at their expense, shall promptly (within thirty days of acceptance of this offer) obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to BUYERS' attorney for examination. It shall show marketable title in SELLERS in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The SELLERS shall make every reasonable effort to promptly perfect title. If closing is delayed due to SELLERS' inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of BUYERS when the Purchase Price is paid in full. SELLERS shall pay the costs of any additional abstracting and title work due to any act or omission of SELLERS, including transfers by or the death of SELLERS or their assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. Seller shall also pay the cost to update the abstract to a date within thirty days of closing and the abstract shall continue to show marketable title.in Seller, as described above, at such time. 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances, SELLERS shall pay the costs thereof. BUYERS may, at BUYERS' expense prior to closing, have the property surveyed and certified by a registered land surveyor. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others,the encroachments shall be treated as a title defect. 10.ENMONI N ENTAL'MATTERS. A. SELLERS make no warranty regarding environmental matters. B. BUYERS may at their expense, on or before December 1, 2016, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials„substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, BUYERS' obligation hereunder shall be contingent upon Buyer being satisfied with the condition of the property, in Buyer's sole discretion. 11. DEED. Upon payment of the Purchase Price at closing, SELLERS shall convey the Property to BUYERS by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by BUYERS. 12. JOINT TENANCY IN PROCEEDS AND IV REAL ESTATE. If SELLERS, immediately preceding acceptance of the offer, hold title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law ori acts of the SELLERS, then the proceeds of this sale, and any continuing or recaptured rights is SELLERS in the Property, shall belong to SELLERS as joint tenants with full rights of survivorship and not as tenants in common; and BUYERS in the event of death of any SELLER, agree to pay any balance of the price due SELLERS under this contract to the surviving SELLERS and to accept a deed from the surviving SELLERS consistent with Paragraph 15. 13.JOINDER BY SELLER'S SPOUSE. SELLER'S spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyers intend to assume or take subject to a lien on the Property, SELLERS shall furnish BUYERS with a written statement prior to closing from the holder of such lien,.showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. APPROVAL OF COURT. If the Property is an asset of an estate, trust or conservatorship, this Agreement is contingent upon Court approval unless Court approval is not required under Iowa la-,v and title standards of the Iowa State Bar Association. If the sale of the Property is subject to Court approval, the fiduciary shall promptly submit this Agreement for such approval. If this Agreement is not so approved by March 1, 2016 either party may declare this Agreement null and void, and all payments made hereunder shall be made to BUYERS. 17- Conditions Precedent to Buyer's Oblization to Purchase. Buyer's obligation to purchase the Real Estate is expressly conditioned upon and contingent upon the satisfaction of all of the following terms and conditions prior to the closing: (a) Buyer shall conduct a due diligence review of the property, including engineering, design, stabilization analysis, environmental review, explore rehabilitation and stabilization financing and any and all other issues related to the Real Estate that Buyer deems relevant. This due diligence period shall end on December 1,2016. On or before December 1,2016 Buyer shall notify Seller in writing whether Buyer shall proceed with the purchase of the Real Estate based upon the determination of Buyer as to whether the purchase and rehabilitation are feasible, such determination to be made in the sole and absolute discretion of Buyer. If Buyer fails to provide notice Buyer shall be deemed to have determined not to proceed with the purchase. If Buyer determines not to proceed with the purchase,this agreement shall be deemed null and void and of. no further force or effect and neither party shall be obligated to the other in any way hereunder except that Buyer shall be entitled to return of the earnest money paid. Should Buyer elect to proceed with the purchase,the transaction shall proceed to closing as provided herein. If Buyer determines to proceed with the purchase, Buyer will purchase the property in "as is"condition. (b) Seller shall immediately proceed with removing from the Real Estate all items, including auto parts. On or before March 1,2016 Seller shall remove all items from the exterior of the building including, but not limited to, all trailers, trucks and other items. On or before April 1, 2016 Seller shall have removed all items from the interior of the Real Estate except Seller may leave on the first floor of the Real Estate his personal tools and any vehicles Seller is currently working on. Seller shall ensure the basement and all floors above the first floor are completely vacant and swept clean by April 1, 2016. The only items which may remain on the first floor after April 1, 2016 are personal tools and vehicles currently being worked on-all other materials not for use on the vehicles present will be removed. No motor oil, lubricants, cleaners or similar fluids shall remain on the property after April 1, 2016(except small quantities needed for the work to be performed by Seller on vehicles remaining on site). Seller acknowledges it is necessary for Buyer's review and analysis of the property that all such items be removed. Seller shall remove ALL items from the Real Estate, including personal tools and vehicles,within thirty days of request by Buyer and acknowledges such removal is necessary to allow Buyer to complete Buyer's assessments of the property. Notwithstanding anything herein to the contrary, all historic fabric and items shall remain with the property including;but not limited to, windows, hardware, millwork, stair components, gates,masonry components and similar items original to the structure. 18.REMEDIES OF TILE PARTIES, A. If BUYERS fail to timely perform this Agreement, SELLERS may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; .or, at SELLERS' option, upon thirty days written notice of intention to accelerate the payment of the entirebalance because of BUYERS' default (during which thirty days the default is not corrected), SELLERS may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If SELLERS fail to timely perform this Agreement, BUYERS have the right to have all payments made returned to them. C. BUYERS and SELLERS are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by SELLERS and BUYERS. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21.NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 23. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. 24. BUYER ASSISTANCE.Buyer agrees to assist Seller in Seller's efforts to obtain a waiver from the City of Dubuque of all fines, penalties or assessments against the Real Estatebut Buyer makes no guaranty or warranty as to its ability to obtain any such waiver and such waiver is not a contingency to this agreement. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to BUYERS on or before the 5:00 PM, January 15, 2016, this Agreement shall be null and void and all payments made shall be returned immediately to BUYERS. If accepted by SELLERS at a later date and acceptance is satisfied in writing, then this contract shall be valid and binding. Auto & Truck Parts, Inc., Seller Pr LLC, Buyer By: By: Uv i Its�Pr'esidentJo . Gronen,Presi int N&MErtYOF / Dubupe I— bftd DUB E ,4fa;rerpiereonrhe,bGssissippi � , CITY OF DUBUQUE, IOWA BUILDING PERMIT APPLICATION PERMIT NUMBER:B16-0037 ISSUE DATE:01/26/2016 JOB ADDRESS: 3000 JACKSON ST DBQ ISSUED BY:JNVZ LEGAL DESCRIPTION: LOTS 2-7&LOT 1-1-3-8 OF MIN LOT 322 OWNER: AUTO&TRUCK PARTS ADDRESS: 410 W 17TH ST,DUBUQUE,IA,52001 PHONE: BUILDING CONTRACTOR: ADDRESS: PHONE: REGISTRATION NUMBER: STATE LIC.NO: ARCHITECT: ADDRESS: PHONE: APPLICANT: AUTO&TRUCK PARTS CLASS OF WORK: Com Misc:Siding/Roof/Rep PRESENT USE OF BUILDING: CHANGE OF USE: PROPOSED USES: OPTIONAL INFORMATION CONSTRUCTION TYPE: NO.OF STORIES:0 BASEMENT? NO.OF DWELLING UNITS: 1 AUTOMATIC EXTINGUISING SYSTEM? SIZE OF BUILDING(SF): 0 ZONING DISTRICT: LI,Light Industrial today. WORK DESCRIPTION: Replace and repair front section of roof, approx 3000sgft. This permit is valid for 180 days from VALUE OF WORK: THIS PERMIT:$26,000.00 TOTAL CONSTRUCTION VALUE: $26,000.00 SPECIAL CONDITIONS: PERMIT FEES: NOT ISSUED UNLESS BALANCE DUE IS$0 INVESTIGATION FEE CHARGED? BASE PERMIT FEE: 5323.00 TOTAL FEES CHARGED: $323.00 ISSUANCE FEE: $5.00 TOTAL PAYMENTS: $323.00 CREDITS (PRIOR PERMITS): 50.00 BALANCE DUE: $0.00 PLAN REVIEW: 50.00 PLAN REVISIONS: $0.00 SPECIAL APPROVALS: NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,HEATING,VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOME NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS,OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I H EREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONSOF LAWS AND ORDINANCES GOVENING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT.THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) SIGNATURE OF OWNER(IF DOWNER BUILDER) (DATE) ����u.�-G� cu�� is ✓Z�.�- �� Gv�� � �CJ�-e. gal AUT,-) r- a Building Services Department THE CITY OF Dubuque 50 West 13th Street Dubuque,Iowa 52001-0505 AB-0MWu CMi Office(563)589-4150 DUB E O I I Fax(563) 690-6687 TTY(563)690-6678 b u ildtn0dtycfdubuque.arg Masterpiece on the MIssissippi M12 yah www.citvofdubuque.org March 28, 2016 Mr. Jim Krueger 410 West 17111 Street Dubuque, Iowa 52001 Dear Mr. Krueger: The City of Dubuque Building Services Department is suspending Building Permit#616- 0037, which was issued to you on 01/26/2016 for the following: "Replace and repair the front section of the roof, approximately 3000 sq ft, with work valued at$26,000.00." On March 25, 2016, I, Building Services Manager Todd Carr, and Building Inspector Jeff Zasada performed a field inspection at 3000 Jackson to check the progress and condition of the roof work. Our Department performed an exterior Arial roof inspection by means of City of Dubuque Fire Department ladder truck. Your worker, Mr. Kelly, also provided us with access into the building where we performed additional inspections of the condition of the building interior. Due to structural damage observed during the inspection, we are suspending Building Permit#616-0037. The front portion of the roof for which the permit was issued contains roof framing members completely dislodged from the brick/masonry bearing pockets. These framing members should be resting inside the bearing pockets. Roof framing members that are inside the masonry bearing pockets show evidence of rot on the ends of these framing members where they enter the bearing pockets. We additionally found many areas with missing deck boards, rotted roof sheeting, missing or rotted cross bridging members, loose bricks, and unstable parapet wall conditions around the perimeter of the roof. We observed significant deflection in existing roof framing members that will need to be addressed as well. Due to the structural damage not reported to us at the time of permit issuance, and the permit being issued only for roof replacement work, we are hereby suspending Building Permit#1316-0037. 1 Service rwple Integrity Responswthy Ina"variun Teamwork The Building Services Department will pest the structure located at 3000 Jackson Street as inhabitable. No person may enter this structure, except for the purpose of providing a Structural Assessment of the overall condition of this property. No one will be allowed In the building, no work may be done, and no new building permits will be issued until you provide a report prepared by a state licensed Structural Engineer in regards to all structural repairs that need to be taken care of before the roof repairs can safely be made. The Engineering report needs to provide information about the structural integrity of the existing interior concrete floors, beams and supports, beam to column connections, steel tie rod connections that are anchored to the exterior side of the brick walls, and the overall condition of the exterior brick walls. All structural work, modifications, or repairs to any existing structural elements throughout the building need to be included in this report, and the report must be stamped and approved by a licensed structural engineer. The Structural Engineering report must include any and all information about temporary barricades or fencing around the perimeter of 3000 Jackson Street. If the Structural Engineer believes this is necessary for public safety, then the report shall include; the size and type of fencing required, placement of the fencing in regards to distance away from the exterior perimeter of the building, and proper signs or markings necessary to keep the public safe. You must provide a copy of the Structural Engineering report prepared by a state licensed Structural engineer to myself and Jeff Zasada by April 30th, 2016. 1 appreciate you cooperation in this matter and if you have any questions please feel free to call. Sincerely, Todd Carr Building Services Manager Cc: Mike Van Milligen Cindy Steinhauser Maureen Quann Jeff Zasada Laura Carstens Gus Pslhoyos Steve Brown Charles Miller Dave Johnson 2 Dllt7ll Uf Building Senices Department THE CITY OF Q 50 West 13th Street hthd Dubuque,Iowa 520014805 E AB.kmeAca Cay Office(563)589-1150 Fax56a ( ') 690-6688 TTY(563)690-6673 i� building^sd tyofdu buque.o rg Masterpiece on t/12 Mississippi ?em•mc-2013 www.cityofdubuque.org May 19, 2016 James Krueger 410 West 17w Street Dubuque, Iowa 52001 RE: 3000 Jackson Street Dear Mr. Krueger, On March 28, 2016, Todd Carr, City of Dubuque Building Services Department Manager, and Jeff Zasada, Building Inspector, inspected the property located at 3000 Jackson Street in Dubuque, Iowa. The purpose of this inspection was to identify any structural issues that would prohibit you from moving forward with the installation of new roofing material for which you were issued a permit on January 26, 2016. With your permission, we also inspected the interior portions of the property to verify any structural deficiencies or unsafe conditions, and we further inspected the collapsed section of roofing that caved in. We also inspected the condition of the exterior walls, loose brick, and the steel tie rod connections anchored to the exterior walls. Additionally, we delivered the attached requiring that you provide the City of Dubuque Building Services Department with Structural Engineering Report on the structural condition of this property. We found the following violations according to the 2012 International Property Maintenance Code. 1. Structural damage to the roof framing members, collapsed section of roofing, bowing exterior walls, deflection of concrete floors, steel tie rod connections being pulled inward on the exterior walls, loose brick, missing bricks, and years of water infiltration have caused significant rot and decay to many structural aspects of this building. We find this building causes imminent danger to the public and is at risk of collapse. (IPMC Section 109.1) 2. Because of the extensive structural damage to this building, a Licensed Structural Engineer must perform a full structural assessment and report, and that assessment and report must be filed with the City of Dubuque Building Services Department. This report must evaluate the structural integrity of the existing concrete floors, beam to column connections supporting the concrete floors, steel tie rod connections to the exterior walls, overall structural condition of the exterior brick walls, and the condition of all existing roof framing members. Svrvire neoPb. Intec. • ?,;rcmiUitf f.-mavaFon Tcn,m.wk Also this report must include construction documents and specifications for the necessary repairs to the damaged roof framing members and the collapsed section or roofing. (IPMC Section 105.3, 105.3.1. 105.3.2) 3. Due to the current section of collapsed roofing and all other structural damage, this building is unsafe to occupy. We placarded the building and will not allow any person to enter the building. (IPMC Section 108.3, 108.4, 108.5) Correction Order: The violations listed above must be corrected, the structural engineering report must be submitted to the City of Dubuque Building Services Department, Attention Todd Carr by May 31st, 2016 or municipal infractions will be issued. Right to Appeal: You may appeal these violations by filing an appeal with the Building Code Advisory Appeals Board. Right to File a Lien: As part of the enforcement action at this premises for these violations, a lien may be placed against the real estate pursuant to Section 106.3 of the International Property Maintenance Code (attached). If you have any further questions, please let me know. Thank you for your cooperation. Sincerely, el � vS'I7-7 Todd Carr, Building Services Manager Attachment: Cc: Maureen Quann, Assistant City Attorney James Krueger 410 West 17th Street Dubuque, Iowa 52001 2 SCOPE AND ADMINISTRATION [A] 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accor- dance with Section 107 shall be deemed guilty of a misde- meanor or civil infraction as determined by the local municipality,and the violation shall be deemed astrict liabil- ity offense.If the notice of violation is not complied with,the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the struc- ture is located and shall be a lien upon such real estate. Dubuque Building services oyE".'m THE CITY OF �y9 50 West lith sheet Dubuyun.Iowa 52tuI-1.905 RR E IL.Li ch Offite(563)5594150 UB I II��' Nu (563)690 65] Masterpiece on the Mississippi bu0dingk ilyofdubuque org nn•�:.yos wwwsi! fdubuquc o,g March 28,2016 Mr.Jim Krueger 410 West 1771 Street Dubuque, Iowa 52001 Dear Mr.Krueger. The City of Dubuque Building Services Department is suspending Building Permit#616- 0037,which was issued to you on 01/26/2016 for the following: "Replace and repair the front section of the roof,approx,,,mately 3000 sq ft, with work valued at$26,000.00." On March 25, 2016, I, Building Services Manager Todd Carr,and Building Inspector Jeff Zasada performed a field inspection at 3000 Jackson to check the progress and condition of the roof work. Our Department performed an exterior Arial roof Inspection by means of City of Dubuque Fire Department ladder truck Your worker,Mr.Kelly, also provided us with access into the building where we performed additional inspections of the condition of the building interior. Due to structural damage observed during the inspection, we are suspending Building Permit#B16-0037.The front portion of the roof for which the permit was issued contains roof framing members completely dislodged from the brick masonry bearing packets. These framing members should be resting inside the bearing pockets. Roof framing members that are inside the masonry bearing pockets show evidence of rot on the ends of these framing members where they enter the bearing pockets. We additionally found many areas with missing deck boards, rotted roof sheeting, missing or rotted cross bridging members, loose bricks, and unstable parapet wall conditions around the perimeter of the roof. We observed significant deflection in existing roof framing members that will need to be addressed as well. Due to the structural damagenotreported to us at the time of permit issuance, and the permit being issued only for roof replacement work,we are hereby suspending Building Permit#B16-0037. 1 Sm•ke Purple Inlegity Rnpon,Lility lomvation Teunw"rk 3 The Building Services Department will post the structure located at 3000 Jackson Street as inhabitable. No person may enter this structure, except for the purpose of providing a Structural Assessment of the overall condition of this property. No one will be allowed in the building, no work may be done, and no new building permits will be issued until you provide a report prepared by a state licensed Structural Engineer in regards to all structural repairs that need to be taken care of before the roof repairs can safely be made. The Engineering report needs to provide information about the structural integrity of the existing interior concrete floors, beams and supports, beam to column connections, steel tie rod connections that are anchored to the exterior side of the brick walls,and the overall condition of the exterior brick walls. All structural work, modifications, or repairs to any existing structural elements throughout the building need to be included in this report,and the report must be stamped and approved by a licensed structural engineer. The Structural Engineering report must include any and all information about temporary barricades or fencing around the perimeter of 3000 Jackson Street. If the Structural Engineer believes this is necessary for public safety, then the report shall include; the size and type of fencing required, placement of the fencing in regards to distance away from the exterior perimeter of the building, and proper signs or markings necessary to keep the public safe. You must provide a copy of the Structural Engineering report prepared by a state licensed Structural engineer to myself and Jeff Zasada by April 30th, 2016. 1 appreciate you cooperation in this matter and if you have any questions please feel free to call. Sincerely, Todd Carr Building Services Manager Cc: Mike Van Milligan Cindy Steinhauser Maureen Quann Jeff Zasada Laura Carstens Gus Psihoyos Steve Brown Charles Miller Dave Johnson 2 4 IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff), vs. No. Defendant: James Krueger Address: 410 West 17th Street Dubuque,towa 52001 CITATION/MUNICIPAL INFRACTION Birth Date: DL#/TID/FEIN: The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: 03 / 26 / 2016 at 11:00 A.M. E]P.M. Month Day Year Address of Violatlon(S): 3000 Jackson Street in Dubuque Iowa 52001 Defendant herein did violate Section IPMc log of the Code of Ordinances of the City of Dubuque, Iowa, as follows: Failure to provide the City of Dubuque Building Services Department with a Structural Engineering Report from a Licensed Structural Engineer. The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty in the amount of $750.00 , court costs in the amount of $85.00 , and to correct/cease the violation as follows: City ordered Defendant to provide City with a Structural Engineering Report from a Licensed Structural Engineer because the building posed danger to Defendant and public at large and no work or repairs can be performed safely without such an assessment first. Report is required because visual inspection identified structural issuesifailums creating unsafe conditions 8 threat of Imminent danger to general public 8 surrounding property owners. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON: 07 / 27 / 2016 at 11:00 [7A.M. OP.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU The undersigned attests that the matters herein are true and correct. City Employee: Tedd M.carr Date: 0611512016 Title: Building Services Manager Phone Number: 563-589-4150 PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at(319)833-3332. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is P.O. Box 1220, Dubuque, Iowa 52004-1220 White: City Attorney Yellow: Defendant Pink: City Attorney Gold: Department IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA (Plaintiff), vs. No. Defendant: Auto 8 Truck Parts,Inc. Address: 410 West 17th Street Dubuque, Iowa 52001 CITATION/MUNICIPAL INFRACTION Birth Date: DL#/TID/FEIN: The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: 07 / 21 / 2016 at 10:30 A.M. ❑P.M. Month Day Year Address of Violation(s): 3000 Jackson Street in Dubuque Iowa 52001 Defendant herein did violate Section 6-4-4 of the Code of Ordinances of the City of Dubuque, Iowa, as follows: The property at 3000 Jackson Street in Dubuque Iowa suffered multiple structural collapses and is at risk for further collapse,creating a public nuisance. Failure to clean hazardous debris,demolish the remaining walls of the collapsed portion,and stabilize the salvageable portions of the building have further maintained and continued this public nuisance. The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty in the amount of $750.00 , court costs in the amount of $65.00 , and to correct/cease the violation as follows: Defendant shall abate the public nuisance this building creates by demolition,stabilization,repair,and proper sealing and closing the structure to protect against water infiltration. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON: 09 / 14 / 2016 at 11:00 A.M. ❑P.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU The undersigned attests that the matters herein are true and correct. City Employee: Todd M.carr Date: 06/26/2016 Title: Building Services Manager Phone Number: 563-589-4150 PLEASE NOTE: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)833-3332.(If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is P.O. Box 1220, Dubuque, Iowa 52004-1220 White: City Attorney Yellow: Defendant Pink:City Attorney Gold: Department iiw, P.C. July 29, 2016 www.iiwengr.cam DX ARCHITECTURE Todd Carr, Building Services Manager CIVIL ENGINEERING City of Dubuque CONSTRUCTION SERVICES 50 West 13th St. ENVIRONMENTAL ENGINEERING Dubuque, IA 52001-4805 LAND SURVEYING MUNICIPAL ENGINEERING Re: Internal Collapse of H&W Building on July 21,2016 STRUCTURAL ENGINEERING IIW Project No.: 16006.04 TRANSPORTATION ENGINEERING Dear Mr. Carr: Dennis F.Waugh,PE/SE' This letter is a report of our investigation and opinions regarding an internal collapse of the former Charles A.Cate,PE H&W building at Jackson and East 30th Streets.The collapse incorporated most of the internal 5th Gary D.Sejkora,PE `* 41h, and 3rd levels between 60'and 130'east of the southwest comer of the building complex. Michael A.Jansen,POSE Timothy J.Tranel,PE* While the exterior multi-wythe brick walls remained intact,the internal collapse removed significant John F.W der,PE Julie P.Neebel,bel,PE lateral support restraints from the exterior walls,making them susceptible to overload from winds James P.Kaune,PE which could then produce catastrophic failure of the walls onto the exterior of the building. The Thomas J.Oster,PLS' south wall is susceptible to failure onto the full right-of-way width of East 301h Street. In our opinion, Wray A.Childers,PLS while the internal collapse is not salvageable,the exterior wall can be salvaged if adequate bracing Geoffry T.Blandin,PE is restored to compensate for that lost by the internal collapse. Mark C.Jobgen,PE`* Lauren N.Ray,PE/SE The collapse occurred during or shortly after a significant rainfall on Thursday evening in the Cody T.Austin,PE* Marc D.Ruden,PE Dubuque area,the second rainfall in the week.After reviewing photographs taken after the collapse Mark R.Fassbinder,AIA' of the condition of the building interior, it was apparent that the roof structure deck was nearly non- Michael A Ruden,NCARB/AIA* existent and precipitation would accumulate on the upper floor levels. These conditions had existed Craig J.Elskamp,AIA long enough to allow very significant vegetation to grow, including young trees up to 8'tall protruding Eric J.Helminiak,PE/SE` through the roof rafters where the roof deck was gone. Jeffrey J.Brandt,PLS Craig L.Geiser,PLS Adam J.Mods,PE In our opinion,the accumulated weight David A.Leapaldt,AIA,CID* A + of precipitation was absorbed by the Nathan W.Miller,PE _ debns on the concrete and clay tile floor Damian D.Baumhover,NCARB/AIA system that collapsed under the Nicholas A.Schneider,PE J�1 f accumulating weight on the 51"level, Christian J.Hend6e,AIA which then overloaded the 4th level, Eldon M.Schneider,PE which then also collapsed onto the 3rd Whitney A Lougheed,AIA` r Jessica L.Olson,NCARB/AIA` Allevel floor.Observation of the 2^d level Patrick R.Ready,PE `y - floor from the interiorofground level Nicholas M.Rettenberger,AIA accessible from the north side courtyard visually indicated no distress in the floor system,so we believe it LEER AP reasonable to assume the 31d level Floor "Retired has also remained intact,to be verified once the debris is removed. The primary concern is the structural stability of the north and south exterior walls that are now exposed to wind forces with little lateral support from the floors that have collapsed. In addition to the collapsed floors,a 10'to 12' high brick wall connected the north and south walls near the 4155 Pennsylvania Avenue, Dubuque,IA 52002-2628 ♦ [PI 563,556.2464/800.556.4491 ♦ [F]563.556.7811 ENGINEERS. ARCHITECTS. SURVEYORS. I I W Internal Collapse of H&W Building on July 21,2016 July 29, 2016 Page 2 of 2 easterly side of the collapsed area also collapsed. The exterior walls are also restrained by plates anchored on the outside of the brick wall with plates connected to tie-rods that extended through the building at the interior beam lines,such that the exterior walls anchored each other by being"sandwiched"between the plates and the floor system. The collapse included the beam line below the upper collapsed brick wall at the change in roof level,which pulled the exterior anchor plates completely through the mulkwythe brick,leaving holes in the north and south walls a little larger than the plate,thus removing the"sandwiching"restraint. The holes through the walls where the plates were anchored are evident in �- these photos of the -- south wall on East - � _- s — — iAk=&AJ 300,Street and the north wall from the - �� interior courtyard. The pattern of brick -- failure around the s holes indicates the �i failure was by a punching shear"mechanism. This mechanism is also evident around the 3rd ' _ floor plate on the next beam line to the east where brick around the plate has 1 l failed and is being pulled through the wall,also evident in the north wall photo. This indicates that while the third floor does not appear to have collapsed, it is in distress and in eminent danger of failure. -� At this time, it appears that the lateral support to the exterior walls is intact at the 2nd floor level, under distress at the 31d floor level, mostly destroyed at the 0,56 and roof levels. This creates a safety condition for the occupancy of adjacent areas of the building and the public right-of-way for the full width of East 30th Street.We believe it unlikely the full height of the wall could fall given the mostly intact existing restraints at the 2nd and 3rd levels. However, if the failure continues at the 31d floor level,the entire wall could rapidly become much more unstable. However,the upper wall sections around the pulled through restraints are structurally behaving as a cantilever with some two-way longitudinal restraint,but are much more susceptible to overstress from lateral forces,primarily wind. Excessive wind pressure could fail upper portions of the wall,and the distance the failure debris covers would be highly variable. Depending on the direction of the wind,the wall could fail either inward or outward.We recommend the immediate removal of all the interior collapse debris and verify the stability of the remaining floor components,and the hidden damage at the inaccessible 3rd floor level. In our opinion, the existing interior collapsed wall,floors,and roof cannot be reasonably repaired or restored and must be removed in order to assess the condition of the remaining intact structure. It is reasonable to restore adequate lateral support to the north and south exterior walls when the interior debris is cleared for the installation of support framing.We recommend that a supplement system be installed as soon as possible. Until the installation of the exterior wall support is completed,the exterior walls pose an immediate risk to public safety and well-being. I hereby certify that this engineering document has been prepared by me and that I am a duly licensed Professional Engineer under the Laws of the S to of Iowa. 9e70770 IIW, P.C. m Denns Waugh, P.E. Iowa Reg. No.8909, renewal 12/31/17 Z` ry oUti"d s President/Principal Civil&Structural Engineers t�KF�44rh SpVC�:Ul4U'�9h rl �� IIW, P.C. August 10, 2016 www.iiwengr.com Todd Carr, Building Services Manager City of Dubuque ARCHITECTURE 50 West 13th St. CIVIL ENGINEERING Dubuque, IA 520014805 CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING Re: Internal Collapse of H&W Building on July 21,2016 LAND SURVEYING Report of Observations on August 5,2016 MUNICIPAL ENGINEERING IIW Project No.: 16006-04 STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dear Mr.Carr: This letter is a follow up report of our investigation and opinions regarding an internal collapse of the Dennis F.Waugh,PE/SE« former H&W building at Jackson and East 30th Streets after internal observations on August 5, Charles A.Cale,PE" 2016. The collapse incorporated most of the internal 6th,5th,and 4th levels(previous report Gary D.Sejkora,PE ` referred to as 5th,4th and 3rd) between 60'and 130'east of the southwest comer of the building Michael A.Jansen,PE/SE complex.The internal observations indicated additional internal partial collapse of an additional 60' Timothy J.Trans[,PE` roof area east of the above limits that had occurred at some previous time to the most recent John F.W der,PE p Julie P.Neebelbel,PE collapse. James P.Kaune,PE Thomas J.Oster,PLS«' Observation of the inside _ --- — Wray A.Childers,PLS" conditions have changed the Geoffry T.Blandin,PE categorization of salvageable Mark C.Jobgen,PE„ walls.The interior floor system on ;44G 4-_ 7 - Lauren N.Ray,PEISE �., -� - Cody T.Austin,PE' the 4th level holds the weight of a4 �`- ; Marc D.Ruden,PE the debris collapse above along Mark R.Fassbinder,Ala' the northerly side, but has Michael A.Ruden,NCARB/AIA« several beams on the southerly Craig J.Elskamp,AIA side which does not support Eric J.Helminiak,PE/SE• debris are in the process of Jeffrey J.Brandt,PLS collapsing, exhibiting 12°+ of Craig L.Geiser,PLS deflection compared to adjacent Adam J.Mods,PE David A. floor beams.All the interior levels AIA CID` Nathan W. Miller,PE have severely corroded steel beam or steel reinforcing components whose present capacity is Damian D.Baumhover,NCARB/AIA unpredictable given some are in the process of failing. Nicholas A.Schneider,PE Christian J.Hendre,AIA The interior levels all contain evidence of a minor,but significant amount of asbestos containing Eldon M.Schneider,PE materials that would have to be verified by testing,which include pipe insulation and cork insulation Whitney A.Lougheed,AIA' adhesive on many walls. Without extensive interior shoring,the necessary access and containment Jessica Patrick R..Olson,NCARB/AIA` .Ready,PE required to remove any asbestos materials cannot be installed safely given the current structural Nicholas M.Rettenberger,AIA conditions. Given this consideration,all materials to be removed would have to be considered Christopher A.Becklin,PE contaminated for removal classification purposes. Courtney E.Wand,PE The interior floors appeared to have a slope, indicating settlement of the interior support columns relative to the exterior walls.Survey measurements taken August 8th indicate a relative settlement LEED AP of 3'between the north wall and the first interior column,and a total settlement of nearly 8"between "Retired the north and south walls,with all the interior columns showing more settlement than the differential between the north and south walls. This settlement also provides a good explanation for the extensive cracking of the first level stone fagade on the south side near the southwest comer of the building. 4155 Pennsylvania Avenue, Dubuque, IA 52002-2628 ♦ ]P]563.556.24641800.556.4491 • ]F]563.556.7811 ENGINEERS. ARCHITECTS. SURVEYORS. I I W Report of Observations on August 5,2016 August 10,2016 Page 2 of 2 The settlement movement appears to have also resulted in a differential lateral displacement of the d0.. north exterior wall at the 1 st supported floor level. ` '„ . This displacement is evident in cracking and lateral displacement of the exterior pilasters, approximately 6”over a 4'region of the pilaster at `� �` �\ I \ �'•, IL the worst location. This displacement also calls 5 K into question the stability of the wall above the \ \\ > Y Ao� displacement at the 1st floor level. In our opinion, the state of imminent collapse of other interior floor sections is representative of the `1 condition of the remaining floor conditions, i.e. much of the remaining floor may collapse under its s re . �, •t own weight at any time and would require extensive shoring to provide safe access anywhere in the 2nd through 4th interior levels. The existing interior collapsed wall, floors, and roof cannot be safely accessed in order to remove interior contaminated and collapsed materials, and the only safe way to deconstruct the building is by exterior machine operations. This means the exterior walls cannot be reasonable salvaged as they must be treated as contaminated materials as well for disposal purposes. The recently identified settlement also confirms that none of the structure can be reasonably salvaged due to its damaged or displaced condition. Until removal or installation of a temporary exterior wall supports pr or to removal is completed,the exterior walls pose an immediate risk to public safety and well-being. I hereby certify that this engineering document has been prepared by me and that I am a duly licensed Professional Engineer under the Laws of the State of Iowa. a'j?..' U0ftjgla In, P.C. �e "aaoeo:�aao. �o� VVA ME l 4 5 PE i Dennis Waugh, P.E. Iowa Reg. No.8909, renewal 12/31/17 _jOD .sr. " President/Principal Civil&Structural Engineer ='r; D . W . Zinser Company 1775 Commercial Drive, PO Box 398,Watford,Iowa 52351 plin®>me 319-8460-sm Fax 329-8460.3351 Deft.hqp=22,20Il6 Demolition Proposal Former Brewery Todd Carr Project: 300 Jackson St. Attention: City of Dubuque Dubuque, IA 52001 tcarr@cityofdubuque.org D.W. Zinser Company proposes to furnish all equipment, labor and debris removal for the above reference project to include and exclude the following. Based on project walk Pricing based on a per ton rate,total estimated tonnage for this is 4,000 Tons.Additional tonnage is will be added to the overall cost of the project. Landfill tickets showing tonnage provided Proposal Indudes: -Permits and notifications necessary to complete the work -Using trained ACM operators to remove structure as RACM -Disconnects of existing structure to remain from area of demolition -Additional disconnects will be completed by utility provider -Equipment,tools, temp water and personnel needed to complete demolition -All disposal of partial structure will be RACM,to include trucking manifests -Work performed during normal business hours 7am—3:30pm Monday—Friday -Clean up of all debris created by contracted demo process Proposal does not include: -Additional hazardous material testing or removal -Final/Finish grading using topsoil -All storm water piping, outfall structures or underground disconnects -Compaction testing -Tree, landscape removal &disposal Total Lump Sum: $636,000.00 Additional Tonnage: $159.00 a Ton Brian Sharron Project Manager/Estimator D.W. Zinser Company 319-847-8090 Dubuque Malt & Brewing 3000 Jackson Street BUILDING CONDITIONS REPORT TO CITY COUNCIL September 6, 2016 �4 F Q at r f �s ;�,- -fie �i„, • '!i� dp Report outline • Historical background • Code enforcement by City Departments • Court enforcement by City Attorney's Office • Response to July 21, 2016 building collapse • Work plan to remove threat to public safety • Overview of the City's code enforcement tools Presenters Todd Carr, Building Services Manager Maureen Quann, Assistant City Attorney Crenna Brumwell, Assistant City Attorney Laura Carstens, Planning Services Manager Dubuque Brewing and Malting Complex of primarily brick buildings constructed primarily between 1896 - 1934, located at the northeast corner of Jackson and 30th Streets. North half, 3040 Jackson Street, -- u owned by LK Development & \ �` t . Storage LLC. �. X � C - do South half, 3000 Jackson Street, owned by Jim Krueger dba Auto & ', Truck Parts Inc. Center portion of C - R a this structure has collapsed, and is \ � . deemed a threat to public safety. 76016 .46 Comparable Buildings 040 Roshek Dubuque .M-81 Jackson Building Sta r Building Iron Street Street Brewery Works Approximate 96,000 84,000 222,000 48,000 118,500 78,000 Above Ground Square Footage Average Stories 6 3.5 10 5 3 4 in Height Approximate N/A N/A $ 39 M $ 6.5 M $ 23 M $ 27 M Rehabilitation Cost Designations & Evaluations ➢ Eligible for listing in the National Register of Historic Places • Potentially eligible for Historic Tax Credits ➢ Community Development Block Grant (CDBG ) eligible target area ➢ Urban Renewal District ➢ Brewery Neighborhood Conservation District • prevents building from being demolished without approval from the Historic Preservation Commission or under the direct order of the Building Official if the building is declared unsafe based on a engineering report. ➢ Phase 1 Brownfield Environmental Site Assessment City Code Enforcement Process CODE ENFORCEMENT Department Enforcement violations corrected Violations Not Corrected No further action / No MI Department issues MI Department serves Defendant with MI and provides copy to City Attorney's Office City Attorney's Office files MI with Clerk of Court and initial appearance is scheduled Defendant, Department, and City Attorney's Office appear at initial appearance Defendant admits violation Defendant denies violation Defendant agrees to remedy sought by Department Hearing scheduled Defendant Defendant does not Defendant found guilty Defendant found not guilty complieswith comply with court court order order Court order issued No further action No further action Defendant does Defendant not comply with complies with court Department issues court order order MI (second offense) No further action Repeat process with Contempt Action higher fine Compel abatement City seeks permission to abate and assess costs 7 Dubuque Malt & Brewing 3000 Jackson Street City of Dubuque Building Services Department Enforcement History 2008-2016 'l a � , ��. -\ � � a . - _ � .,� � ��� c _ � .. �' „ 1� ' � � � �=� � D � - �� '��� � "� C �2 �� � _� A ��; _- r5. #, < 9 0� 4fl]R016 � Timeline 3000 Jackson Street 2008 Enforcement 05/08/2008 09/10/2008 Notified about exterior Letter sent requesting deterioration on south wall, interior/exterior inspection, offered financial assistance stated property included in through revolving loan fund. Urban Renewal District. 10/22/2008 09/24/2008 Notice sent on behalf of the Interior/Exterior Inspection noted holes in roof/exterior demolition by neglect wall deterioration madeordinance requesting timeline for repairs by aware of financial loans. 11/07/2008. Timeline 3000 Jackson Street 2009-2013 Enforcement 03/06/2009 04/22/2009 Notice sent requiring all Letter sent requiring barricades previous violations to be completed by 05/01/2009 or to be installed on public municipal infraction will be sidewalk along on 30 Street issued seeking court assistance due to public endangerment from bricks falling. to repair. 05/12/2009 09/21/2009 Letter requiring barricade Municipal Infraction issued for installation along sidewalk and not making all requested noting due to a fire, windows repairs and not barricading the must be secured/boarded bysidewalk, Court Date set for 05/26/2009 + previous orders. 10/07/2009 Continued Timeline 3000 Jackson Street 2009-2013 Enforcement 11/01/2009 Municipal infraction issued due to failure to make repairs to exterior walls and roofs, while also failing to repair an unsafe building, Court date set for 12/23/2009 08/03/2010 03/01/2011 Letter sent explaining Court Letter sent notifying the owner Order had been issued on of not complying with the 05/26/2010 to correct all Court Order, Set a deadline of violations by 08/25/2010, or 03/31/2011 to comply or City City reserved right to make will hire the work to be done repairs and assess all costs. and assess all costs. Timeline 3000 Jackson Street 2014-2015 Enforcement 04/21/2014 Letter Sent notifying owner of an exterior inspection performed by Building/Engineering. City Fenced off south side of building to protect the public from falling debris and cost will be assessed. Letter also requests an Engineering provide an analysis of the needed repairs within 30 days, along with timeline of repairs. 08/01/2014 10/23/2015 Engineering Report ordered by City Municipal infraction issued to and completed. Visual exterior owner requesting that all repairs inspection report; overall structure be completed and states if owner in need of significant maintenance is unable to maintain the building, work, notes two specific areas owner should take action to sell need to be addressed immediately the building. Court Date warranting further investigation. 12/02/2015 Continued Timeline 3000 Jackson Street 2014-2015 Enforcement 11/24/2015 Visual Field Inspection performed by Building Services/Engineering Department of exterior walls and portions of the interior. Report identifies many areas of concern in regards to the structural integrity of the building and water infiltration issues, notes further investigation is warranted and recommended. 12/02/2015 Settlement Agreement from municipal infraction issued on 10/23/2015 ordering defendant to cease business operations by 12/09/2015. Seal all emergency leaks by 12/23/2015. Submit schedule of repairs by 01/06/2016 and complete repairs in accordance with the schedule. OR Defendant could present a signed purchase agreement by 01/31/2016 Timeline of Enforcement of 3000 Jackson Street from 01/01/2016 - 07/21/2016 01/11/2016 City received a revised purchase agreement from the owner of 3000 Jackson. In the agreement there are many contingencies the owner is responsible for. During the due diligence period of the agreement which is until 12/01/2016 the owner is responsible for the building. 03/28/2016 01/26/2016 Notice letter sent due to significant structural damage seen on the roof, Owner of 3000 Jackson was issued a permit was revoked and building was Building Permit to install new roof over posted unsafe to enter. Owner required the front section of the building, to submit Engineering Report on the approximately 3000 square feet. entire structure by 04/30/2016 Continued Timeline 3000 Jackson Street 01/01/2016 to 07/21/2016 05/19/2016 Notice of Violation sent to owner for not submitting a Engineering Report to the City by the required deadline on the previous letter sent on 03/28/2016. Owner must submit report by 05/31/2016 or municipal infraction would be issued. 06/15/2016 Municipal infraction was issued to the owner for not complying with the request to submit an Engineering Report by the required deadline. Court Date was set for 08/03/2016. • : Internal Collapse Occurred at 3000 JacksonStreet 16 ✓J C t itL7 M L y`� Continued Timeline 3000 Jackson Street 01/01/2016 to 07/21/2016 08/03/2016 Court Hearing for municipal infraction which was issued in June. Court Order was issued requiring the owner to submit and executed contract for services to remove the immediate threat of public endangerment and secure and stabilize the entire structure by 08/06/2016 08/29/2016 Municipal infraction was issued to the owner for creating, maintaining, and continuing a public nuisance from the collapses of the building and continued lack of demolition to remove the threat to the public. Court Date set for 09/14/2016 Dubuque Malt & Brewing 3000 Jackson Street City of Dubuque Planning Services Department Zoning Enforcement History 2014-2016 'l a � , ��. -\ � � a . - _ � .,� � ��� c _ � .. �' „ 1� ' � � � �=� � D � - �� '��� � "� C �2 �� � _� A ��; _- r5. #, < 9 0� 4fl]R016 � Zoning Enforcement Timeline 3000 Jackson Street 10/30/2014 to 01/05/2015 10/30/2014 11/04/2014 Notice of violation for Owner informed auto inoperable vehicles, auto salvage is illegal use at this parts and tires. site, deadline of 12/05/2014 to cease illegal use. 12/05/2014 01/05/2015 Extensive progress made; Property cleaned up, owner owner asked for extension established practices to keep due to employee injury. operation in compliance, Deadline extended to including recurring 01/05/2015. inspections by Zoning. Zoning Enforcement Timeline 3000 Jackson Street 10/23/2015 to 01/13/2016 10/23/2015 •• 4 Municipal Infraction served for unlicensed vehicles, auto parts and auto salvage. 01/08/2016 01/13/2016 Court Decision setting Inspection of front courtyard compliance deadline of indicated salvage vehicles 01/15/2016. and parts removed. IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA Court Enforcement sITY OF DUBUQUE IOWA ) Plaintiff, ) /J ) NO. N_ 14701 Defendant:/Yu."4g -- .. Address: .20UO .�%-Io- " CITATION/ MUNICIPAL INFRACTION b ) Birth Date:_/ y/iice� DL#/TID/FEIN: 1-31 The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or ab��oyy.jj y U.�/-��/ e)d at /0'-V O - [X]A.M. [ ]P.M. at: Mo. Day Year // Address of Violation(s): J Ob Tl jl1C L aY1 Defendant herein did violate Section of the City of Dubuque, IA Code of Ordinances asnfollow(s�: 1 rw t r' 4 The City of Clubuque is requesting that the Defendant be forthwith//directed to//pay the civil penalty and to correct/cease the violation as follows: 'r e,Xr- Rr re.s.. . roa (Itt�i �7ricK s ruo '1e� -OmY'�L arolev an �� Q2�esAn S TO ANSWER THE CHARGES dN THIS CITATION, YOU MUST APPEARIN COURT AT TH COURTHO SE, 720 CENTRAL AVENUE, DUBUQUE, IA ON: a / / ana9 at /o So O [ X]A.M. [ ] P.M. Mo. Day O"7 Year /, FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE THIS WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S)BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are true and correct. By City Employee: Title: Date: a 11 _Phone Number. 7— y-S� PLEASE NOTE:If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(563)5894448. (1fyou are hearing impaired,call Relay i.wa 7-1'Y at 1480(1-735-2942). The court's maili. address is P.O.Box 1220,Dubuque,1...,52004-1220 white:City Attorney Yellow:Defendant Pink:City Attorney Gold:Department 21 IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA Court Enforcement CITY OF DUBUQUE IOWA ) Plaintiff, ) VS. ) NO. Defendant: ) l IQ' f0(P('�l;c Address: ) CITATION/ MUNICIPAL INFRACTION Birth Date: / / ) DL#/TI D/FEIN: ) The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: / / at [ ]A.M. [ ] P.M. at: Mo. Day Year Address of Violation(s): Defendant herein did violate Section of the City of Dubuque, IA Code of Ordinances as follows: The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty and to correct/cease the violation as follows: TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, M ON: / / at [ ]A.M. [ ] P.M. Mo. Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE THIS WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are true and correct. By City Employee: Title: Date: Phone Number: PLEASE NOTE:If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(563)5894448. (If you are hearing impaired,tall Relay Iowa TTY at 1-800-735-2942). The court's tnna;�address is P.O.Box 1220,Dubuque,Iowa,52004-1220 White:City Attorney Yellow:Defendant Pink:Cim Attorney Gold:Department E-FILED 2015 OCT 28 4:27 PM DUBUQUE-CLERK OF DISTRICT COURT IN THE OWACourt Enforcement CITY OF DUBUQUE,I OWADISTRICT COURT, DUBUQUE COUNTY IOWA Plaintiff, ) vs. N2 12181 [� p ) Defendant: X .e4 Address: )Cie Qe<.y ) CITATION/ t� ) MUNICIPAL INFRACTION ) Birth Date:—/- / ) �/pp ) DL#RID/FEIN: t ti. [hICA `t'� I ) The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: ('_/ C>8 / 0 C at Z!2Y,' ,� ]A.M. r-14 P.M. at: Mo. - Day Year pp Address of Violation(s): 30-c-6 i Defendant herein did violate Section I of the City o Dubuque, IA C de of Ordinances as follow �� ��f(��� (.L1 17i lr4� AJl LIsOF"-*'� `�t�FS The City of Dubuque is requesting that the Defendant be forthwith directed-to pay the civil Renaltycand to correct/cease tion as follows: Ca�POA f.. e bo t 11, f e O`SLX fllti__ 1t-2� 0 aOt�3s"rtA—�...:w�u .. '. I °p's TO ANSWER TH CHARGE N THI ITATION, YOU MUST AP R IN COURT AT Cy t �p THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IA ON: Ga�Eg -1 _�?- / a z. /zdu<-at ns d �}C)A.M. [ ) P.M. Mo. Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE THIS WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY, COURT COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are true and correct. By City Employee: ]/— Title: , Date:. ICT 'a.t�(S Phone Number;....._.4>G3_ 3. PLEASE NOTE:If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(563)589-4448. (If you are bearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mamma address is P.O.Be.1220,Dubuque,Iowa,52004-1220 White:City Attorney Yellow:Defendant Pink:City Attorney Gold:Department 23 IN THE IOWA DISTRICT COURT, DUBUQUE COUNTY, IOWA CITY OF DUBUQUE, IOWA(Plaintiff), Court Enforcement S No.0UC(CV 10yo'-1 Defendant: James Rmeger Address: 410 west nm Street Dubuque.Iowa 52001 CITATION/MUNICIPAL INFRACTION Birth Date: DL#/TID/FEIN: The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: 03 / 28 / 2016 at 11:00 F,/]A.M. [�:]P.M. Month Day Year Address of Violation(S): 3000 Jackson Straeun Dubuque Iowa 52001 Defendant herein did violate Section IPMC 109 of the Code of Ordinances of the City of Dubuque, Iowa,as fO[IOWS: Failure to provide the City of Dubuque Building Services Department with a Structural Englneenng Report tram a Licensed Structural Engineer. The City of Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty in the amount of$750.00 , court costs in the amount of $85.00 , and to correct/cease the violation as follows: Qty ordered Defendant to provide City with a Structural Engineering Report from a Licensed Structural Engineer because the building posed danger to Defendant and public at large and no work or repairs can be performed safely without such an assessment first. Report is mr—al bemuse Wsual sopeN-m wentlfieE structural issuesMailurex uvning aware wndgbre 8 threat T immilent danger to general public 8 sunwnding progeny—e s. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL AVENUE,DUBUQUE, IOWA ON: 07 / 27 / 2016 at 11:00 rZA.M. F—]P.M. Month Day Year FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT FOR THE CIVIL PENALTY,COURT COSTS,AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S)BEING ENTERED AGAINST YOU The undersigned attests that the matters herein are true and correct. City Employee: Todd M.carr Date: 06115@016 Title: Building Services Manager Phone Number. 563-589-4150 PLEASE NOTE:If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)833-3332.(If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). The court's mailing address is P.O.Box 1220,Dubuque,Iowa 52004-1220 White:City Attorney Yellow:Defendant Pink:City Attorney Gold:Department 24 Court Enforcement EFILED 2016 AUG 224:07PMDUBUQUE-CLERK OF DISTRICT COURT 6. In light of the imminent threat to public safety and the risk of further collapse, the Plaintiff would like this matter to move forward as quickly as possible. E-FILED 2U16 AUG 22 a 07 PM DUBUQUE-CLERK OF DISTRICT COURT WHEREFORE,the Plaintiff requests a hearing as soon as possible at which Defendant be required to show cause, including if applicable, proof of financial inability to comply, why he should not be held in contempt. IN THE IOWA DISTRICT COURT,IN AND FOR DUBUQUE COUNTY Respectfully submitted, CITY OF DUBUQUE,IOWA, ) ' Plaintiff, ) By Maureen Ouann vs. ) Case No.01311DUCICV104821 Suite 330,Harbor View Place JAMES KRUEGER, ) 300 Main Street Dubuque,IA 52001-6944 Defendant. ) Phone: (563)589-4381 I Fax: (563)583-1040 APPLICATION THAT DEFENDANT BE HELD IN CONTEMPT STATE OF IOWA ) ss DUBUQUE COUNTY ) ', COMES NOW,the City of Dubuque. Iowa, by and through its Assistant City Attorney, Maureen Quann,and requests the Court require the Defendant to show Cause why he should not be held in contempt,stating: 1. An Order was filed on August 4,2016 stating the"Defendant will submit to the City of Dubuque Building Services Department an executed contract for either the stabilization and repair OR demolition of the building by 10:00 a.m. on Monday, August 8, 2016. The demolition or stabilization and repair must be complete by October 5, 2016. The threat to public safety must be eliminated by October 5,2016-" 2. As of Monday, August 22, 2016, the Defendant has not submitted any executed contract for either the stabilization or repair of 3000 Jackson Street or the demolition of middle section of 3000 Jackson Street. Building Services Manager Todd Carr's affidavit is attached as Exhibit A 3. As of August 22, 2016, the Defendant has not complied with the Court's August 4,2016 order. 4. The middle section of 3000 Jackson Street collapsed on July 21, 2016. The City immediately closed the public sidewalk on both sides of 30h Street, the shared entrance to 3000 Jackson Street, and all private property between the City right-of-way, and 3000 Jackson Street (from Washington Street)in an effort to protect public safety and businesses. 5. The City contracted with III to perform an assessment of the building, which indicated the building is at risk for further collapse. This report is attached as Exhibit B. 25 IN THE Court Enforcement CITY OF DUBUQUE, IOWA(POWiiff), RICT COURT, DUBUQUE COUNIPI IOWA VS. No. Defendant: Alt A Truck munt, In, Address: are Alt ah arrook D'emi Ivan real CITATIONWUNICIPAL INFRACTION Birth Date: DL#/TID/FEIN: The undersigned states that Defendant did violate the Dubuque Code of Ordinances on or about: 07 / 21 / chn at low OA.M. 7P.M. eeonln oravee, Address of Violation(s)'. 3M neutral Short In lamalium knera 520)1 Defendant herein did violate Section sa< of the Code of Ordinances of the City of Dubuque, Iowa, asfollows: The Worem at wdg Jackson Sees a Dimome m,.,acm.ed multiple mal miaw+a.d Is Ilk for minor Patrick, chroliker a pore nerwince room an calso harrandam make.door the someone Wil A the research much am extreme In, access If tire rawks ease asher...te'ren am conamer like malle"Aare, The City xof Dubuque is requesting that the Defendant be forthwith directed to pay the civil penalty in the amount of $751 , mud costs in the amount of Itumum , and to mrrecVmase the violation as follows: heart cash abate to call look this talking orma,M aamaaual chairman,m ,losing tor harmi 1,Rover moren Art karms, TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT THE COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA ON: / tar / 2016 at 11m OA.M. E]P.M. Nomaoey rear FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGMENT.FOR THE CIVIL PENALTY, COURT COSTS,AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU The undersigned attests that the matters herein are We and correct City Employee: false can Dale: avymee THE: a„nale s.iwawnmer Phone Number: 93 a6e+rm PLEASE Nme.ityou require the mel:ranue or acurmn mark o,seMwa to concrete N court because ora meaauN immMlerey®u "or d6ma ADA calendar at(319)8331 (If pn are xeenrre lmgared,cell Relay lose TlY at 1-Ski.dect The cri mawng addrtee Is P.O. Box 1220,Dubuque.lowe 5yZ00atIIo White.City Attorney mom,Defendant Pink:rotational Cold:Department 26 IT . r IF, . r. ,y AN 'k 3 AW ` h r IRAAF Post Collapse Steps Taken on 07/21/2016 to Ensure Public Safety ➢ Received a citizens Call on Collapse at 10:30 AM and notified City Staff and Departments ➢ Performed Immediate on-site inspection ➢ Requested Cable/TV Department to assist with photos and footage from bluff area above the Building to be able to analyze the collapse and extent of the structural damage. ➢ Meeting with Public Works and Engineering Departments to Close down 30th Street ➢ Notified all Residents adjacent to 3000 Jackson Street on north and south sides of the threat to public safety due to the internal collapse. ➢ Contacted Consulting Engineering firm to perform an immediate inspection and prepare a report as to the current state of the building along with confirming safety parameters to be established. 28 07/29/2016 08/10/2016 Receive the initial Engineering Report that Received the Engineering report back from was ordered on the day of the collapse the 2"d investigation requested and providing details on the collapse and what performed on 08/05/2016. This report portions of the structure pose immediate provided a detailed analysis specifically of risk of further collapse based on Section B of the building where the collapse observations from around structure and Ariel took place. Additionally this report states photos obtained by use of a drone. Stated a Section B cannot be salvaged and must be further investigation will be needed in order demolished due to structural damage. The Action taken by the City to Assess the Current State of the Building by Requesting Engineering Reports to complete a report that can be used to report states this portion of the building will generate a proposal and a work plan to need to be treated as contaminated during remove the threat of public endangerment. the demolition process due to asbestos containing materials identified. 11Wr P.C. 2nd Engineering Report Received : August 10,M16 Choarswuenre�wree Managerwmr.IM2nAr.rom • Collapse of most of 6th, 5th, and 4th levels WHINECTURE se west 130,51. plieLENGNEENING Oubugue,IA 63W14&.M oplenalrOulsorad ENWIRCUMENTAtEadorvEEaws • Re: Interi®r What of 16nift on Jult 31,3016 Partial collapse of 60 of east roof area IIW PRepotrejeMNof �o.:16006M rialibria on Asgrel5,2018 • th aroTOa,R.Nde1Nu 1mN` rva Interior floor on Dear Ni Gm This latter is a how up headedfour inuxsgaV°n and opinions regarding an internal poll ofthe Gsells wal Puse partial collapse deflection Of 12+ feet former Al building at Jackson antl most 301h Wage a%er internal obaarvlion aa on Antitrust 6. CfPE^er-soC / 2016 The purpose incorporated moral of lM1e inlernal6N,Eb,and Ola Ideals hpre"i..repel dowarkhocalle doalf Tdis h.iN.°"antl'"'b`"2dn6"a"tlfiandaMafthe a°°"wer'e°sad`°°bermarl "�""Tharal Asbestos cannot be removed due to morriay.IDB internal abounaand Vo onsind MY and 1 X Einternalpartial collapae m an adithe horelg TAnnMlkneme,PF • roof areaeam of Me above limih that had owulred al same time to me most rawM J°I^f.sensors,PE DMmna J.1.P...PE Whour. Jane P.Wu...PE Obeern0on M gar inert. ....._ --.� _ ^°�JG1•'P�^ structural condition -- - GA'AgiIM he•• commons have changetl the nssa iron, PE categonzetion of seNagaaMa pairs G JdAan PE^ walla.TheinknorlborayA<m on °nn.�y,PhaE • Settlement of interior supports causing the 4tn level Imltls ale M m Gary T.Auarn PE• the debris dampers,alhounaa g MeN a.Pasaidelau• she albeiny vtlth but Mra MkaaaM1nssam,NClRE,RIR• floors to slope significantly 2 beams es the 81GuI III Ni NR do whkh alerts pun . of uu.n.lNi Paini. Coban are ex Iro pn IT- of JWWJCre,L.WanE1,PS Colloidal compared 13•a of °sari"..PEA Settlement of 8" between north and tle0ecaon corn areal to ma'am beam J.rbnsPE P I orvm AleewlM,Al4 c1p• ala]! s.parl All the baronial Ya G WMlllet PE have sdeable him..sled brain or steel mi"'°ung wm°°"ante pubnw prase"'wpxily k gmgsol p.Isr ae nvaa"'" south exterior walls along s e et i o n B unpred table given wmeare intlepmwssoffalling. obsess A.scnmdwPE LasJAeMn4Na The inlerbrlerekallcoM3nentlerce ofa mirep but signifiwntamounlolasheslosconbining eeond.5mrelax.PE WlrnmyALouAMM,RIR' matenalsMet wwk M1ave bbd eetgm by testing,wM1icM1 ircludB pipe insulation antl de inaulafim • $ panel da many walk.WithoNevRnvve ihumanghlME nsdesiary azew and spar nt JesaaJ'amn'xcnaera>A. Extensive cracking o eve stone repoimtl bremove bury aabestw malenals whim ceiradebal sate 0a.,am ehaMuml ar aaeney,PE Nd hi shiscsa.xaa.,Pop pumiMne.cifor biaw°aidere"°nall makdalra'oMmmaretlwa°"M1arebMpuretleretl Laailiv E, 6aAPp PE fagade at SW corner due to settlement wMamlretetlMremovalclassi0cmion Dumoses. cwnnayEwane.PE The Interior Mors appearetl to have a slope,intlicatngsa111emeMof 69 orsupprl pukmbe mlad"a's Me ealeMr walls.Surrey measurements taken August ON it page a rekfive samement �EEn An ofS'beMeenMe reth wall am the Most lnkdbrsalemn,and a lclal remem of ready 6'Mbaadn � Asa rMM1 and soul,walla,with all the inlerier columns sMwir,mete sdmement gun the diXereriAal behreenthe hour and south with,The hattenanl also pmvitlee a Wed!eaclanMon for Me eMer®ea cmGing of the Ahit area Nee to*.on to surth stale a.,Mes erhadesl serer of the bury, al ss sometimes Arena,ouewaa.IsmouNrzare EauEa.24641100.616.4491 a IM sgratia tl ♦♦ I I W Report of Observations an August 5,2016 2nd Engineering Report Continued : August 10,2016 Page 2 of 2 The settlement movement appears to have also .. , Lateral displacement of north exterior wall resulted in a differential lateral displacement of the north exterior wall aide 1st supported floor level This displacement Is evident in cracking and �� x L lateral displacement of the exterior pilasters, 5x \\f� c ��r�`��'. �� i • Displacement above S} level of 6" over T' area approximately 6'over a 4'region of the pilaster at e\ �. �4t {" the worstlocation. This displacement also calls r j displacement thestabilitytat flotthewad above the _ _ State of imminent collapse of interior floors dis lacament at the tat floor level. �� r In our opinion,the state of Imminent collapse of °on o�do,iner�mtaosgaflore��d,iloe=f;he Extensive shoring needed for safe access to much of the remaining floor may collapse on its �`�, � 1 ,, +�. LL '' I awn weigh' in any time and would require remove debris and contaminated materials extensive shoring to provide safe access anywhere the 2nd through 4th interior levels. The existing interior collapsed wall,Floors, and roof cannot be safely accessed in order to remove interior contaminated and collapsed materials,and the only safe way to deconstruct the building is by exterior machine operations. This means the exterior walls cannot be reasonable salvaged as they must be treated as contaminated materials as well for disposal purposes.The recently identified settlement also confirms that none of the Only safe way t o d e e o n st r u et i s by exterior structure can be reasonably salvaged due to its damaged or displaced condition. • Until removal or installation of a temporary exterior wall supports prior to removal is completed,the exterior walls pose an immediate risk to public safety and well-being. I hereby certify that this engineering document has been prepared by me and that I am a duly licensed Professional Engineer under the machine operation s Laws of the State of Iowa. ,p°.evevwhM IIW,P.C. ,.� .°° e. :` A-" Exterior walls cannot be reasonably salvaged as e t _ ,q, 't" `AUG wf' �° they must be treated as contaminated for PE r:e Dennis Waugh,P.E.Iowa Reg.No.8909,renewal 12/31/17 ;�:,, ,. r°a President/Principal Civil&Structural Engineer " sr� °' disposal purposes • Until removal or installation of exterior support walls, exterior walls pose immediate risk to public safety and well-being Required Work Plan to Mitigate all Issues Broken down in Phases Per Sections of the Building ' ^d 'C Q � � '�a ,-'7►� ,'ice ,0411712016 Phase 1 : Section 6 Remove Threat of Public Endangerment • Primary goal : remove threat of AL public endangerment for entireJ" community but specifically the 'xf', L ,^ j. . nearby residents and businesses. • Middle Section 6 of the building Jr` ` i B will need to be completely r . A r demolished . • Section 6 is the 60 wide x 144 � .'ll; deep section outlined in Red, consists of 5 and 6 stories. Phase 1 : Estimated Cost • One Demolition Proposal based on site visit with IIW Engineering • Entire middle section 6 must be considered contaminated which doubles disposal costs for landfill fees from $45 / ton to $90 / ton • Total Estimated Cost of Labor, Equipment, Haul Away: $ 159 / ton • Estimated Tonnage : 4,000 to 4,500 • Total Cost between $636,000 to $715,500 Phase 1 : Estimated Timeline to Complete Work • Remove immediate threat of public endangerment: 1% to 2 % weeks to remove the threat of potential further collapse of structure • Complete Demolition of 60' x 144' section 6 of the building including all haul away and site clean-up would take between 4% to 7 weeks. Phase 2 : Front Section A of the Building • Front westerly section A of a � � A the building known as the ,,, fir � � \.. Towers. Approximately 60' wide x 30' deep, consisting of 6 stories plus 2 stories in the towers. r • This portion of the building 0.11 A _ will require additional '1-� y investigations and reports y<< prior to repair, stabilization, and waterproofing. Phase 2 : Work Plan For Front Section A of the Building Engineering Report and Documents needed to prior to work • Existing wall condition which faces the demolition section is hidden, so evaluation is needed, as is stabilization and waterproofing of this wall . • Roof lacks a membrane and has evidence of water infiltration to existing roof framing members and lower levels as well . • Roof area will need structural evaluation, repair, and new roofing membrane. • Removal of easterly north and south walls removes lateral support for the remaining brick walls that have many window penetrations resulting in substantially reduced lateral (wind ) resisting elements. • Need a structural Engineer to evaluate the remaining portions of Section A for adequate lateral load resistance. Phase 3 : Westerly Rear Section C of the Building • Part of the rear section C of A the building, approximately 60' wide x 44' deep, , .consisting of 6 stories. • This portion of the building Y will require additional investigations and reports B ' _ prior to repair, stabilization and waterproofing. 04.,.016 r a Phase 3 : Work Plan For Rear Section C of the Building Engineering Report and Documents needed to prior to work • Roof structure needs to be evaluated due to neglect and deterioration . • Upon completion of the evaluation, repair work, stabilization, and a new roofing membrane will need to be installed • Westerly wall of the rear building which will be exposed after the demolition of the middle section should be a interior masonry wall that will need to be structurally evaluated and then have the exterior face sealed or waterproofed . Phase 4 : Easterly Rear Section D of the Building • Part of the rear section D of the building, approximately _ .� g is 60' wide and 78' deep, s2 ` consisting of 6 stories. 'A • This portion of the building will require evaluation of the B v concrete roof deckp rior to waterproofing. °°°'rz°" °W"' 40 Phase 4 : Work Plan For Rear Section D of the Building Engineering Report and Documents needed to prior to work • Roof structure needs to be evaluated to ensure the existing concrete deck is in good condition structurally prior to application of new roofing membrane . 41 Enforcement Examples 3040 Jackson Street • North half of Dubuque Brewing & Malting Company Complex • Complied with Enforcement requests which began in 2008 • Installed new roofs, performed tuck-point work, boarding of windows, etc. • Continue to perform routine maintenance 1025 Bluff Street • Vacant and abandoned property which was under enforcement • Through lack of response by owner the City Petitions for Title through the courts and takes ownership. • City will use established Programs and Funding to deal with emergency clean- out, roofing work, and other crucial repairs to make the property marketable for a Private Developer to accept title and responsibility to rehabilitate. Overview of City Code Enforcement Tools Vacant & Abandoned Buildings Ordinance • Building, Housing, Health, and Planning work together to identify and assess properties that are Vacant or Abandoned . • Building Department Licenses Vacant/Abandoned Properties, $350/year • Spring of 2016: 54 properties under investigation, 3 commercial and 51 residential . • 15 Properties have been licensed and inspected • 12 Properties have been removed from the list and are occupied • 30 Properties are under enforcement by means of Notice of Violations, Municipal Infractions, or Issuance of Permits to make the necessary repairs. • Currently reviewing best practices in other communities and states to evaluate whether there are other options available to increase effectiveness. Overview of City Code Enforcement Tools 2015 International Property Maintenance Code • Effective as of July 1, 2016 to replace the pre-existing City Housing Code. • 2015 IPMC connects and links to the other adopted International Codes utilized in the Building Services Department. • 2015 IPMC is easily interpreted for all parties involved and condensed into 30 pages. • 2015 IPMC additionally covers the workmanship quality of the repairs being done while also referring to manufactures specifications allowing inspectors to ensure the quality of the work meets the intent of the code. Overview of City Code Enforcement Tools Interdepartmental Collaboration for Code Enforcement • Monthly meetings on Vacant Abandon Properties • Monthly meetings on Nuisance Properties • Monthly meetings on Problem Properties • Monthly meetings with Neighborhood Associations • Monthly meetings with Landlord's Association • Utilization of WebQA for tracking and handling all referrals and complaints • All City Departments utilize are adopted Codes and Ordinances in collaborative effort while performing Code Enforcement on properties. Overview of City Code Enforcement Tools International Fire Code, Additional Enforcement • Dubuque Fire Department Proactive Measures • Business Inspections • Fire Escape Inspections • Referrals to other departments when paramedics view possible life safety violations • Fire Notification List • Demolition Reserve Work Overview of City Code Enforcement Tools • Nuisance Evaluation • Monthly review of data • Includes Police Department Calls for Service • Citizen Support Center Complaints • Public Works Information • Review of data looks for patterns • Identifying problem tenants, occupants, and owners • Earlier intervention is goal • Actions in response to intervention • Municipal Infractions • Changes to City Services • Evictions Overview of City Code Enforcement Tools • Petition for Title to Abandoned Property • Iowa Code Section 657A. 10A • Vacant • In violation of Housing or Building Code for 6 months • Notices to all with interest in property • Pros • Has spurred owners to take action to resolve • City can obtain ownership • Low Cost • Relatively expedited process • Cons • Lack of comprehensive information on property prior to receiving title (usually no interior inspection) • Properties can have significant and costly challenges • Asbestos • Structural issues Petition for Title to Abandoned Properties • Complete • Action taken by Owner • 595 Angella • 1070 Melrose Terrace • 321 Valeria • 607 West 8th Street • 395 E. 16th Street • Pending Actions • 1025 Bluff Street • 1509 Bluff • 1069 Vernon Street • 1511 Bluff • 1849 Jackson Street • 1589 Bluff • 2008 Foye Street • 1591 Bluff • 2283 White Street Numerous under review • 2525 Windsor Avenue Questions ? IL u m � of �•pp � YSY�� \ 4 r .041712016