Stipulation of Settlement for Property Tax Appeal - HyVee S. Locust Copyrighted
March 20, 2017
City of Dubuque Consent Items # 9.
ITEM TITLE: Stipulation of Settlement for Property Tax Appeal - HyVee
Food Stores, 300 S. Locust Street
SUMMARY: City Attorney recommending approval of the Stipulation of
Settlement for a property tax appeal filed by HyVee Food
Stores, Inc. for property located at 300 S. Locust Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Stipulation of Settlement Supporting Documentation
Notice of Voluntary Settlement Supporting Documentation
Barry A. Lindahl, Esq.
Dubuque THE CY OF
E+
City Attorney
Suite 330, Harbor View Place D�UB
�+300 Main Street AII•Amedeaeity
Dubuque, Iowa 52001-6944
(563)583-4113 office Masterpiece on the Mississippi
(563)583-1040 fax
balesq(_c-tcityofdubuque.org 2007.2012•2013
March 8, 2017
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
13th & Central Avenue 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
13th & Central
Dubuque, IA 52001
RE: Hy-Vee Inc and Hy-Vee Food Stores vs. City of Dubuque Board of Review
(South Locust) / Docket No. 2015-104-00006C - Parcel No. 10-25-477-006
Enclosed is a copy of a Stipulation of Settlement regarding a tax assessment appeal
filed by Hy-Vee, Inc. Iowa Code 441 .44 requires that the Stipulation of Settlement be
served upon each of you.
The property is located at 300 South Locust. The parcel number is 1025477006. This
property was built in 2005 and sits on a 6.97 acres of land. The property contains a
77,526 square foot grocery store and also has a 2,409 square foot convenience store.
The assessed value for January 1, 2015 was $6,049,190 based on a 2013 court
settlement in an earlier appeal. The value was raised 12% to $6,796,474 based on a
2015 equalization order by the Iowa Department of Revenue for all commercial property
in the city of Dubuque. Hy-Vee protested the equalization order to the Board of Review
in the Fall of 2015. The Board of Review denied the protest. Hy-Vee then protested the
equalization order to the Property Assessment Appeal Board claiming that the value of
the property was $6,049,190.
Hy-Vee also filed a protest to the Board of Review from the January 1, 2016 value
claiming a value of$4,077,884, which was denied by the Board.
In an appraisal for the Board of Review by Tom Howe of Kane Appraisals, Mr. Howe
concluded that the property value for January 1, 2015 was $7,425,000.
Hy-Vee's two appraisers concluded that the value of the property was $5,250,000 and
$5,230,000.
After lengthy negotiations the parties have reached a tentative settlement value of
$6,432,000.
The following is a summary of the appraisals along with the assessed value:
Howe (Board Appraiser) $7,425,000
Assessed value $6,796,474
Settlement $6,432,000
Nunn (HyVee Appraiser) $5,250,000
Scaletty (HyVee Appraiser) $5,230,000
The settlement will result in a reduction in assessed value of $364,474 for the January
1, 2015 assessment. This settlement will mean a total tax loss to all of the taxing bodies
of $11,156 for the current fiscal year. The 2015 settlement value is an increase of
$382,810 from the 2015 assessed value prior to the equalization order.
Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the
assessed value will be adjusted to $6,432,000 for the 2015 and 2016 assessment
years.
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 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,
Rick Engelken at (563)-589-7800.
Very icerely,
rry A. Lindahl, Esq.
enior Counsel
Enclosure
cc: Michael C. Van Milligen, City Manager
Kevin Firnstahl, City Clerk
Rick Engelken, City Assessor
F:\USERS\tsteckle\Undahl\Tax Appeals\HyVee 2015\Settlement Docs\ChairperMayorPres_AgendaMemo-6C-SLocust_030817.doc
IOWA PROPERTY ASSESSMENT APPEAL BOARD
PAAB Docket No. 2015-104-00006C
Parcel No. 10-25-477-006
HY-VEE INC AND HY-VEE FOOD STORES,
Appellant,
vs.
CITY OF DUBUQUE BOARD OF REVIEW,
Appellee.
STIPULATION OF SETTLEMENT
Appellant Hy-Vee Inc and Hy-Vee Food Stores, and Appellee City of
Dubuque Board of Review, state to the Iowa Property Assessment Appeal Board
that the pending litigation with regard to the tax assessment for the following-
described property as of January 1, 2015:
Parcel No. 10-25-477-006
has been settled and agreed upon as follows:
Valuation:
Land $613,693
Building $5,818,307
Total $6,432,000
It is further agreed that upon entry of an Iowa Property Assessment
Appeal Board Order confirming the above settlement, the above pending
litigation shall be dismissed with prejudice.
Dated this .%Il% day of M?yAl _ , 2017.
HY-VEE INC AND HY-VEE FOOD CITY OF DUBU E BOARD OF REVIEW
STORES
By: <<- By:
Mark A. Roberts, Esq. Barry . Lindahl, Esq,
SIMMONS PERRINE MOYER Suite 30, Harbor View Place
BERGMAN PLC 300 Main Street
115 Third Street SE, Suite 1200 Dubuque, IA 52001
Cedar Rapids, IA 52401
IOWA PROPERTY ASSESSMENT APPEAL BOARD
PAAB Docket No. 2015-104-00006C
Parcel No. 10-25-477-006
HY-VEE INC AND HY-VEE FOOD STORES,
Appellant,
vs.
CITY OF DUBUQUE BOARD OF REVIEW,
Appellee.
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 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 Iowa Property
Assessment Appeal Board for approval no sooner than fourteen days from the
date of this Notice.
Dated this 8t" day of March, 2017.
City of Dubu e Board of Review,
Appellee
By
Barry A. Lindahl, Esq., City Attorney
Suite 330, Harbor View Place
300'Main Street
Dubuque, IA 52001-6944
(563) 583-4113