Menard Inc. Property Tax Appeal Stipulation of Settlement ApprovalCity of Dubuque
City Council Meeting
Consent Items # 011.
Copyrighted
March 20, 2023
ITEM TITLE:
Menard Inc. Property Tax Appeal Stipulation of Settlement Approval
SUMMARY:
Senior Counsel recommending approval of the stipulation of settlement
for a property tax appeal filed by Menard I nc. for their property located at
5300 Westside Drive.
SUGGESTED
Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description
Agenda Letter
Stipulation of Settlement
Type
Staff Memo
Supporting Documentation
Barry A. Lindahl, Esq.
Senior Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq(_a-,cityofdubuque.or
Office Hours: 8:00 AM - 5:00 PM, T-W-Th
8:00 AM - 12:00 PM, F
OF
THE CITY V
DUtB E
Masterpiece on the Mississippi
Dubuque
*Awrincity
2007-2012
2013-2017
AGENDA LETTER
February 24, 2023
Mayor and Members of the City Council President of the Board of Directors
of the City of Dubuque Northeast Iowa Community College
City Hall P.O. Box 400
50 West 13 th Street Calmar, IA 52132
Dubuque, IA 52001
Chairperson of the
Dubuque County Board of Supervisors
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
Chairperson of the School Board
Dubuque Community School District
Central Administration Offices
2300 Chaney Road
Dubuque, [A 52001
Chairperson of the Conference Board
of the City of Dubuque
City Hall
50 West 13 th Street
Dubuque, IA 52001
Chairperson of the Board of Trustees
Dubuque County Hospital
Sunnycrest Manor
2375 Roosevelt Street
Dubuque, IA 52001
Chairperson of the Council of the
Dubuque County Agricultural Extension
Service
14858 West Ridge Lane, Suite 2
Dubuque, IA 52003
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. Iowa Code Sec.
441.44 requires that the Stipulation of Settlement be served upon each of you.
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
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
STIPULATION OF SETTLEMENT
Plaintiff and Defendant state to the Board that the pending appeal with
regard- to the tax assessment for the following -described property as of January
1, 2021:
(Parcel No. 1032128015)
has been settled and agreed upon as follows:
Valuation:
Land Value: $2,021,630
Building Value:__ $7,828370
Total Value: $9,850,000
It is further agreed that the Valuation of $9,850,000.00 shall be effective
for January 1, 2021,
It is further agreed that upon entry of an Order confirming the above
settlement, the above pending appeal shall be dismissed with prejudice and the
costs shall be paid by Plaintiff,
Dated this J!j:�day of _. - WUNWA, , 2023.
MENARD, INC.
By:
Midhael S. Kozic�zl, E�sq...
Attorney for Appellant
2
CITY OF DUBUQUE
BOARD OF REVIEW
By:
Barry A. Linclahl, Esq.
Counsel for the City of -Dubuque
Board of Review