Stipulation of Settlement_Krieg_195 FreemontBarry A. Lindahl, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563)583-4113 office
(563)583-1040 fax
balesq@cityofdubuque.org
Mayor and Members of the City Council
of the City of Dubuque
Cit~r Hall
13t & Central Avenue
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, IA 52001
Chairperson of the Conference Board
of the City of Dubuque
Cit~ Hall
13t & Central
Dubuque, IA 52001
Dubuque
~.
2007
March 12, 2008
THE CrrY OF
DuB E
U `~"
President of the Board of Directors
Northeast Iowa Community College
P.O. Box 400
Calmar, IA 52132
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
14742 Hwy. 20 West, Suite 2
Dubuque, IA 52003
RE: David F Krieg vs. Dubuque City Board of Review - 2007 Property Tax
Protest; State of Iowa Property Assessment -Docket No. 07-104-0078
Dear Chairpersons, Mayor and President:
Enclosed is a copy of a Stipulation of Settlement of a tax assessment appeal. Iowa
Code § 441.44 requires that the Stipulation of Settlement be served upon each of you.
The property that is the subject of this appeal is the David F. Krieg residence located at
195 Fremont Avenue, Dubuque, Iowa, Assessor's Parcel 1026377016.
The Dubuque City Assessor's Office revalued all residential property for 2007 and
placed a value of $301,300 on the Krieg property. The breakdown of that value is as
follows:
Land: $ 57,400
Building: $ 243,900
Total: $ 301,300
The 2006 assessed value prior to the revaluation was $260,600. The increase for 2007
was placed solely on the dwelling, increasing the dwelling assessment from $203,200 to
$243,900. Upon receiving notice of the 2007 assessment, Mr. Krieg filed a protest to the
Dubuque City Board of Review, stating he felt his property was not assessed fairly when
comparing the percentage increases for neighboring properties. The protest was denied
by the Board of Review. Mr. Krieg then appealed to the State of Iowa Property
Assessment Appeal Board.
Mr. Krieg took the position that his property should be assessed at $272,100 based on
an average percentage increase of the neighboring properties. The Krieg property is
located on the west side of Fremont Avenue, which is the opposite side as the golf
course. It is one of the largest homes on the west side of Fremont Avenue. The exterior
of Mr. Krieg's home has been updated.
Dubuque City Assessor Rick Engelken met with Mr. Krieg twice in the Fall of 2007. Mr.
Engelken reviewed the percentage increase of all large homes on Fremont Avenue, of
all similar homes in Mr. Krieg's neighborhood, and of all homes in the City of Dubuque.
A settlement offer of $291,000 was extended to Mr. Krieg on October 30, 2007. Mr.
Krieg has now agreed to that value.
The settlement will result in a loss of tax dollars of $162 per year.
Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the tax
assessment will be adjusted to $291,000 for January 1, 2007.
The proposed settlement will be presented to the Property Assessment Appeal Board
after fourteen days from the date indicated on the attached Notice of Voluntary
Settlement. If there are any objections to the proposed settlement, they should be made
known to the City Assessor prior to that time.
If you have any questions about the proposed settlement, please contact City Assessor
Rick Engelken at (563)-589-4416.
Very sincerely
~ - ~m / ~
Barry A. Lindahl, Esq.
City Attorney
2
BAUtIs
Enclosure
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Rick Engelken, City Assessor
STATE OF IOWA
PROPERTY ASSESSMENT APPEAL BOARD
Docket No. 07-104-0078
IN THE MATTER OF
David F. Krieg
Petitioner-Appellant,
vs.
Dubuque City Board of Review,
Respondent-Appel lee.
NOTICE OF VOLUNTARY SETTLEMENT
TO: City of Dubuque, Iowa
County of Dubuque, Iowa
Dubuque Community School District
Northeast Iowa Community college
Dubuque County Hospital
Dubuque County Agricultural Extension Service
Conference Board of the City of Dubuque
YOU ARE HEREBY NOTIFIED, pursuant to Iowa Code Section 441.44,
that the above-named Appellant and the Dubuque City 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 State Of Iowa
Property Assessment Appeal Board for approval after fourteen days from the
date of this Notice.
Dated this 12th day of March, 2008.
Dubuque City Board of Review,
Respondent-Appellee
By
Barry A. Li ahl, Esq., City Attorney
Suite 330, arbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
Counsel for the Board of Review
STATE OF IOWA
PROPERTY ASSESSMENT APPEAL BOARD
Docket No. 07-104-0078
IN THE MATTER OF
David F. Krieg
Petitioner-Appellant,
vs.
Dubuque City Board of Review,
Respondent-Appellee.
STIPULATION OF SETTLEMENT
Appellant David F. Krieg and Appellee Dubuque City Board of Review, state to
the State of Iowa Property Assessment Appeal Board that the pending litigation
with regard to the tax assessment for the following-described property as of
January 1, 2007:
Parcel No. 10-26-377-016
has been settled and agreed upon as follows:
Valuation:
Land
Dwelling
Total
$57,400
$233,600
$291,000
It is further agreed that upon entry of a Property Assessment Appeal
Board Order confirming the above settlement, the above pending litigation shall
be dismissed with prejudice.
Dated this s~ 5 day of , 2008.
David F. Krieg
DUBUQUE CITY BOARD
OF REVD
Barry A. Lindahl, Esq.
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
Counsel for the
Board of Review