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Purchase Property requests Kunde, Roussel 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 /t// ~' -~~ BITTER LAW OFFICES Joseph J. Bitter* Thomas A. Bitter Office: 563-5B8-4608 Fax: 563-588-0103 Residence Joe: 563-582-1768 Tom: 563-582-7545 * Also licensed in Illinois Client parking in rear September 22, 2006 The Honorable Mayor Roy D. Buol and Members of the City Council City of Dubuque City Hall 50 West 13th St. Dubuque,IA 52001 REOUEST TO PURCHASE PROPERTY This letter is written on behalf of Roger Kunde and North End Wrecking, Inc. North End Wrecking, Inc. has been in operation in its present location for over 50 years. Except for business customers, the average resident of Dubuque would not even know that North End Wrecking, Inc. existed. Mr. Kunde and his company have been before the City Council on various occasions during the last 6 plus months seeking rezoning of 2 parcels. Mr. Kunde first sought to have approximately 4 1/2 acres rezoned from Residential to Heavy Industrial. The City Council approved this request and placed a number of restrictions on the rezoning. All of the restrictions were acceptable to Mr. Kunde, and he signed a document agreeing thereto. Parcel No.2 consisted of approximately 5.6 acres, and Mr. Kunde sought to have this property rezoned from Agricultural to Heavy Industrial. Again, the City placed various restrictions, and Mr. Kunde agreed both verbally and in writing to abide. For those of you who have not been to the North End property recently, you would be amazed to find how much work has actually been done there. Mr. Kunde made various promises and representations about how he would screen the property, how he would lower part of the land so as to make it more difficult to be seen from the outside; and he has done all of the things he promised. For example, he was to plant trees. The trees are all planted. He put up a IS-foot metal screening wall. All of the rezoning matters came up because Mr. Kunde had his property surveyed, and he learned that he and North End Wrecking, Inc. had been using City property for 50 years. We believe the City was not aware ofthis until the Survey was completed. As soon as this happened, Mr. Kunde and the City began serious discussions and negotiations. For one thing, the City required that Mr. Kunde remove all of his vehicles from property now clearly established to be owned by the City of Dubuque as shown by the Survey. Mr. Kunde complied completely. North End Wrecking, Inc. now wishes to purchase from the City approximately 5 1/2 acres. The property sought to be purchased is adjacent to the detention basin on the south side. On the north side, the east side, and the west side, the parcel sought to be purchased is surrounded by North End Wrecking, Inc.'s property. There is no access whatever to the property sought to be purchased other than through North End's property. All of the North End property surrounding this particular parcel is zoned H-I (Heavy Industrial). In addition, the parcel that North End Wrecking, Inc. wishes to purchase from the City is also zoned Heavy Industrial. It has absolutely no value whatever to anyone except North End Wrecking, Inc. The property could not be sold to anyone else because they would have no access. The property at issue is described on the attached document as City of Dubuque, Parcel No. 1014201013. This entire parcel is owned by the City of Dubuque. A portion along West 32nd Street will be used as part of the West 32nd Street detention basin. Therefore, North End Wrecking, Inc. cannot purchase all of this parcel. The City will not need approximately the northern half of this parcel. North End Wrecking, Inc. would like to purchase this property. It is willing to pay a fair price. Obviously, the City will want the property to be appraised. Mr. Kunde has determined that the amount ofland for which the City would have no use is approximately 5 1/2 acres. If the City is agreeable to the sale, the survey line will be placed as designated by the City of Dubuque and as deemed necessary by the City for its detention basin. North End Wrecking, Inc. would purchase the northerly portion, that part which is of no value to the City whatsoever. This property has not been on the tax rolls for years, and it therefore produces no income to the City, the County, or the Dubuque Community School District. Upon the sale of the property to North End Wrecking, Inc., the property will be assessed by the City Assessor and taxes will be levied. This will result in additional property tax revenue to the City of Dubuque. Weare willing to answer any questions. We would like to have an opportunity to transport all willing members of the City Council to the site. That way, the Council members can see how Mr. Kunde has kept his promises and complied with all of the requirements imposed upon him by the two previous rezoning actions, and the City Council members will also be able to get a good idea of how the property lays, and why we believe it is in the best interests of the City and of North End Wrecking, Inc. that the City dispose of this property by selling it at a fair price to North End Wrecking, Inc. -2- North End Wrecking, Inc. has indicated that it is not interested in leasing the property. We believe that a lease of the property will benefit no one. The property has only one use, as part of the salvage yard, and there is only one possible purchaser, North End Wrecking, Inc. If the property is leased, we believe that it will not produce property tax income. North End Wrecking, Inc. is willing to pay a fair price, and does not expect the City to give this property to it. North End Wrecking, Inc. would use the property in order to expand its present salvage yard. We cannot emphasize too strongly how well Roger Kunde has handled the property that the City rezoned for him in the past, and how he has complied with all of the restrictions and requirements as placed on him by the City. This property is not on the tax rolls. We have obtained the assessed value for the property, and a copy is attached. As you can see, because the property is not on the tax rolls, if it was sold at the assessed value, the City would harvest about $4,400.00 per year in property taxes. Respectfully submitted, _~F--'-. 0~/ JJBIkm( 6) Ene. Legend for Attachments: r' 1 Denotes property North End Wrecking, Inc. wishes to purchase I I Denotes property North End Wrecking, Inc. currently owns -3- f l z ~ I , I I ~" . , - , ~ 0 II . < , 5 ~ h ~, , 0 0 I , 0 0 ! ! ! 1 ! i < .~ , ~ , ! ~- '- ! l' ~~ .. ! ~ , ~ , . 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