Stipulation of Settlement for Property Tax Appeal - HyVee Asbury Road Copyrighted
March 20, 2017
City of Dubuque Consent Items # 10.
ITEM TITLE: Stipulation of Settlement for Property Tax Appeal - HyVee
Food Stores, 4800 Asbury Road
SUMMARY: City Attorney recommending approval of the Stipulation of
Settlement for a property tax appeal filed by HyVee Food
Stores, I nc. for property located at 4800 Asbury Road.
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.Undahl, Esq. Dubuque THE CF
City Attorney
Suite 330, Harbor View Place DU6B
300 Main Street AII-Amedeality
Dubuque, Iowa 52001-6944
(563)583-41 13 office Masterpiece on the Mississippi
(563)583-1040 fax
balesgCtcityofdubuque.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: 4800 Asbury Road Dubuque IA LLC vs. City of Dubuque Board of Review
(NW Arterial) / Docket No. 2015-104-00005C - Parcel No. 10-17-476-005
Enclosed is a copy of a Stipulation of Settlement regarding a tax assessment appeal
filed by 4800 Asbury Road Dubuque-IA LLC (Hy-Vee). Iowa Code 441.44 requires that
the Stipulation of Settlement be served upon each of you.
The property is located at 2395 Northwest Arterial and is owned and operated by 4800
Asbury Road Dubuque IA LLC. The parcel number 1017476005. The property sits on
9.56 acres and has a one-story decorative concrete block steel frame, building with
78,134 square feet. The building is a large big box retail building used as a grocery
store by Hy-Vee. The building has normal finish with an office mezzanine of 4,000
square feet. The building was originally built in 1999 and an addition of 11,792 was
added in 2006.
The assessed value for January 1, 2015 was $5,000,000 based on a 2013 court
settlement in a previous appeal. The value was raised by 12% by the Iowa Department
of Revenue to $5,600,000 based on a 2015 equalization order for all commercial
property in the city of Dubuque. 4800 Asbury Road Dubuque IA LLC timely protested
that increase to the Board of Review in the Fall of 2015. The Board of Review reduced
the assessed value to $5,400,000. 4800 Asbury Road Dubuque IA LLC then protested
the assessed value to the Property Assessment Appeal Board claiming that the property
value was $5,000,000.
4800 Asbury Road Dubuque IA LLC also filed a protest to the Board of Review on the
January 1, 2016 value claiming a value of $3,240,000. The Board denied the protest.
In an appraisal that was completed for the Board of Review, Tom Howe of Kane
Appraisals concluded that the value of the property as of January 1, 2015, was
$6,900,000.
Two appraisals by the appraisers for 4800 Asbury Road Dubuque IA LLC concluded
that the 2015 value of the property was $4,690,000.
The parties have reached a tentative settlement value of $5,300,000 for the Arterial
property.
The following is a summary of the appraisals and the assessed value:
Howe (Board Appraiser) $6,900,000
Settlement $5,300,000
Assessed Value $5,400,000
Nunn (HyVee Appraiser) $4,750,000
Scaletty (HyVee Appraiser) $4,690,000
The settlement will result in a reduction in assessed value of $100,000 for the 2015
assessment year from the 2015 assessed value. This settlement will result in a total tax
loss to all of the taxing bodies of $3,060 for the current fiscal year. The 2015 settlement
value is an increase of $300,000 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 $5,300,000 for the 2015 and 2016 assessed values.
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
2
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.
V7rr�yA.
cerely,
tj
BLindahl, Esq.
Senior Counsel
Enclosure
cc: Michael C. Van Milligen, City Manager
Kevin Firnstahl, City Clerk
Rick Engelken, City Assessor
FAUSERS\tsteckle\l-indahkTax Appeals\HyVee 2015\Settlement Docs\ChairperMayorPres_AgendaMemo-5C-NWArterial_030817.doc
3
IOWA PROPERTY ASSESSMENT APPEAL BOARD
PAAB Docket No. 2015-104-00005C
Parcel No. 10-17-476-005
4800 ASBURY ROAD DUBUQUE la LLC,
Appellant,
vs.
CITY OF DUBUQUE BOARD OF REVIEW,
Appellee,
STIPULATION OF SETTLEMENT
Appellant 4800 Asbury Road Dubuque la LLC, 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. 10-17-476-005
has been settled and agreed upon as follows:
Valuation:
Land $1,354,320
Building $3,945,680
Total $5,300,000
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 a- n_ day of 1 aen� _, 2017.
4800 ASBURY ROAD DUBUQUE CITY OF DUBUQUE BOARD OF REVIEW
la LLC
By: By:
Mark A. Roberts, Esq. B rry A. Lindahl, rzsq.
SIMMONS PERRINE MOYER Site 330, 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. 2015-104-00005C
Parcel No. 10-17-476-005
4800 ASBURY ROAD DUBUQUE IA LLC,
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 ofDub e Board of Review,
Appellee
By
BaA. Lindahl, Esq., City Attorney
Su e 330, Harbor View Place
30 Main Street
Dubuque, IA 52001-6944
(563) 583-4113