Menard Inc. Property Tax Appeal Stipulation of Settlement Copyrighted
March 6, 2023
City of Dubuque Consent Items # 011.
City Council Meeting
ITEM TITLE: Menard Inc. PropertyTaxAppeal Stipulationof Settlement
SUM MARY: Senior Counsel transmitting notice of a stipulation of settlement and the
proposed settlement agreement for a property tax appeal filed by Menard
I nc. for their property located at 5300 Westside Drive.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Agenda Letter Staff Memo
Stipulation of Settlement Supporting Documentation
Notice of Voluntary Settlement Supporting Documentation
Barry A. Lindahl, Es�. Dubuque
Senior Counsel THE CTTY OF „
Suite 330, Harbor View Place uHl�enaCiry
300 Main Street ' '
Dubuc�ue,lowa 52001-6944 �� � ������,����
(563)583-4113 oftice ��
(563)583-1040 fax 2007•2012
ba�es��«��tyot�Ub���ue.o�-a Masterpieee on the Mississippi 2o,3.Zo1,
Office Hours: 8:00 AM—5:00 PM,T-W-Th
8:00 AM— 12:00 PM,F
AGENDA LETTER
February 24, 2023
Mayor and Members of the City Council President of the Board of Directors
of the City of Dubuque Northeast lowa Community College
City Hall P.O. Box 400
50 West 13th Street Calmar, IA 52132
Dubuque, IA 52001
Chairperson of the Chairperson of the Board of Trustees
Dubuque County Board of Supervisors Dubuque County Hospital
Dubuque County Courthouse Sunnycrest Manor
720 Central Avenue 2375 Roosevelt Street
Dubuque, IA 52001 Dubuque, IA 52001
Chairperson of the School Board Chairperson of the Council of the
Dubuque Community School District Dubuque County Agricultural Extension
Central Administration Offices Service
2300 Chaney Road 14858 West Ridge Lane, Suite 2
Dubuque, IA 52001 Dubuque, IA 52003
Chairperson of the Conference Board
of the City of Dubuque
City Hall
50 West 13t" Street
Dubuque, IA 52001
RE: Menard Inc. vs. City of Dubuque Board of Review
2021 Property Tax Appeal
Enclosed is a copy of the Stipulation of Settlement regarding a tax assessment appeal
filed by Menard, Inc. with the Property Assessment Appeal Board. lowa Code Sec.
441.44 requires that the Stipulation of Settlement be served upon each of you.
I
There is one property that is the subject of this appeal. The property is located at 5300
Westside Drive Dubuque, IA 52003.The appeal is for the January 1 , 2021, assessed
value.
Proposed Settlement
After reviewing appraisals provided by each party and negotiations between them, the
parties have reached a proposed settlement agreement. The tentative settlement is for
an assessed value for January 1 , 2021 , of$9,850,000.
Pursuant to the Stipulation of Settlement the appeal will be dismissed, and the assessed
value will be adjusted to $9,850,000 for the January 1, 2021, year.
The value for 2021 will be apportioned as follows:
Land $2,021,630
Building $7,828,370
Total $9,850,000
The total tax loss to all taxing bodies is estimated to be $5,861.
The proposed settlement will be presented to the Property Assessment Appeal Board
after fourteen (14) days from the date indicated on the attached Notice of Voluntary
Settlement. If there are any objections to the settlement they should be made known to
the Property Assessment Appeal Board prior to that time. If you have any questions about
the proposed settlement, please contact City Assessor Troy Patzner at (563) 589-4919.
Very sincerely,
�
Barry A. Lindahl, Esq.
Senior Counsel
;
Enclosure
Attachment
cc: Michael C. Van Milligen, City Manager
Adrienne N. Breitfelder, City Clerk
Troy Patzner, City Assessor
2
i
I�WA PROPERTY ASSESSM�IdT`APPEAL BE)ARD
PAAB DOCKET NO. 2021-43�-00130C
PARCEL NO. 1E?3212801�
)
M�NARD, 1N�, �
Appeflanf )
}
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vs. �
}
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CITY OF DUBUQUE BQARD {JF )
REViEW. �
�
Ap�ellee �
__ �
STEPULATIC}N QF S�TTLEMENT
Fiaintiff and Defendant state to ti�e Board that the pending appeal wfth
rec�ard fc� the t�x assessment for the fallowing-describ�d property as of January
'1, 2021:
(Parcel Na. 143212&095�
has been se�ttled and agraed upon as foilovvs:
Valuation:
Land Value: $2,021,63�
Buildinq Value: $71828�370
Total Valu�: $9,85(�,000
it is furf�er agreed that the Valuation of $9,85�,000.00 shall be effective
for January 1, 2021.
It is iurther agreed that upon entry of an Order confirming the abova
sett€ement� the above pending appeaf shaif be dismissed with prejudiGe and the
casts shall b� paid by F�laintiff.
Dated�his�day of� -� 1.���, 2023.
�
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MENARD, INC. CITY OF f]U�UQUE
BQARD fyF R�1!!EW
.-'�' � `/ '
By:�����' �,,; f� �- I
Mi hael S. Koziczf, Esq. Barry A, Lindah(, Esq. I
Attorney for Appeilant Counsei for the City af Dubuque
Soard of Review
i
2
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IOWA PROPERTY ASSESSMENT APPEAL BOARD
PAAB Docket No. 2021-031-00130C
Parcel No. 1032128015
MENARD, INC.,
Appellant,
vs.
CITY OF DUBUQUE BOARD OF REVIEW,
Appellee.
NOTICE OF VOLUNTARY SETTLEMENT
TO: City of Dubuque, lowa
County of Dubuque, lowa I
Dubuque Community School District
Northeast lowa Community College
Dubuque County Hospital
Dubuque County Agriculturai Extension Service
Conference Board of the City of Dubuque
YOU ARE HEREBY NOTIFIED, pursuant to lowa Code Section 441.44, that the
above-named Appellant and the City of Dubuque Board of Review, Appellee, have
entered into a voluntary settlement of this assessment appeal.
A copy of the proposed Stipulation of Settlement is attached hereto.
This Stipulation of Settlement will be presented to the lowa Property Assessment
Appeal Board for approval no sooner than fourteen (14) days from the date of this Notice.
Dated this ��day of _��'Q�v�^ , 2023.
CITY OF DUBUQUE BOARD OF REVIEW
Appellee.
,
By:
Ba A. Lindahl, Esq.
Sui#e 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113