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Stipulation of Settlement_NEZTROP 2009 Tax AppealBarry A. Lindahl, Esq. DUI~UgU6 City Attorney Suite 330, Harbor View Place 300 Main Street ~ Dubuque, Iowa 52001-6944 ' ~ I (563) 583-4113 office (563)583-1040 fax balesq@cityofdubuque.org 2007 Mayor and Members of the City Council of the City of Dubuque Cit~r Hall 13t & Central Avenue THE CITY OF DuB E Masterpiece on the Mississippi June 26, 2009 President of the Board of Directors Northeast Iowa Community College P.O. Box 400 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 Board of Trustees Dubuque County Hospital Sunnycrest Manor 2375 Roosevelt Street 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~r Hall 13t & Central Dubuque, IA 52001 Chairperson of the Council of the Dubuque County Agricultural Extension Service 14742 Hwy. 20 West, Suite 2 Dubuque, IA 52003 RE: NEZTROP, LLC vs. Dubuque City Board of Review - 2009 Property Tax Protest; State of Iowa Property Assessment -Docket No. 09-104-0038 Dear Chairperson, Mayor and President: On June 15, 2009, I sent you the enclosed letter advising that the tax appeal of Neztrop, LLC for the 2008 property tax protest had been settled. The parties reached a Stipulation of Settlement as to the value of the property for the January 1, 2008 assessment. As a part of the settlement, City Assessor Richard Engelken agreed to the same value for the January 1, 2009 assessment. At the time of my June 15, 2009 letter, however, Neztrop, LLC had not yet filed its appeal for the 2009 assessment. The Neztrop, LLC appeal for the 2009 assessment has now been filed. Pursuant to the enclosed Stipulation of Settlement, the appeal for the 2009 assessment will also be adjusted to $595,000.00. The proposed settlement will be presented to the Property Assessment Appeal Board after 14 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 regarding the proposed settlement, please contact City Assessor Richard Engelken at 563-589-7800. V Barry A. Lindahl, Esq. City Attorney BAL/tls Enclosure cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Rick Engelken, City Assessor F:\USERS\tsteckle\Lindahl\Neztrop, LLC 2009 Tax Appeal\ChairperMayorPres_Neztrop_062609.doc Barry 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~ 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 THE CITY OF ~1 DUB E Masterpiece on the Mississippi 2007 June 15, 2009 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: NEZTROP, L.L.C. vs. Dubuque City Board of Review - 2008 Property Tax Protest; State of Iowa Property Assessment -Docket No. 08-104-0025 Dear Chairperson, Mayor and President: Enclosed is a copy of a Stipulation of Settlement of a tax 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 a vacant lot located along Highway 20 in the Stone Brook Center Subdivision. The 19.831 acre property is located between the Portzen Construction building and Highway 20 and it has a parcel number of 15-06-227- 001. The Dubuque City Assessor's Office placed a value of $1,308,900 on the property for the 2008 assessed value. The 2007 assessed value was $10,600 due to the property falling under the Three-Year Platting Rule for assessments. Upon receiving notice of the 2008 assessed value from the Dubuque City Assessor's Office, Mr. Michael Portzen, acting on behalf of Neztrop, L.L.P., filed a petition to the Board of Review. The petition requested that the property be classified agricultural and also claimed there was an error in the assessment. The Board of Review denied the petition. Mr. Portzen then appealed to the Property Assessment Appeal Board (PAAB). Mr. Portzen argued that his property should be classified agricultural because an area farmer, Daniel Frieburger, uses the property to produce hay. He further argued the assessed value is too high because his access to Highway 20 will be shut off with the construction of the Southwest Arterial. The property will then have poor access. Mr. Portzen also argued that the property has been listed for sale for several years and has had no interested purchaser for at least the past year. Dubuque City Assessor, Richard Engelken, met with Mr. Portzen to discuss their differences. As a result of this discussion, Mr. Engelken hired an appraisal to be done since Mr. Engelken concluded that the assessed value of the property is probably too high. The City Assessor's Office hired Mr. Tom Howe, in late 2008, to perform an appraisal of the property. Mr. Howe's appraisal shows the value at $595,000 as of January 19, 2009. Because of the significant difference between the assessed value and the appraised value, the City Assessor's Office obtained a second appraisal from Luksetich Appraisal Company, Ms. Mary Ellen Clark and Mr. Tom Luksetich. That appraisal was completed April 27, 2009 and shows an appraisal value of $431,900. On May 26, 2009 Mr. Mike Portzen, Mr. Richard Engelken and City Attorney Barry Lindahl discussed settlement of the pending hearing with the Property Assessment Appeal Board. The settlement agreed upon is $595,000. This amount is the higher of the two appraisals. The request to have the classification changed from commercial to agricultural will be dropped. The taxpayer, Neztrop L.L.C., has also filed a petition for the 2009 assessed value on the same grounds as the 2008 petition. The 2009 assessed value will also be settled at this time for $595,000 with a commercial classification. This settlement will result in a loss of tax dollars of $24,526 per year. Pursuant to the Stipulation of Settlement, this appeal will be adjusted to $595,000 for the 2008 and 2009 assessed value. 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 regarding the proposed settlement, please contact Mr. Richard Engelken, Dubuque City Assessor at 563-589-7800. cerely Barry A. Lindahl, Esq. City Attorney BAUtIs Enclosure cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Rick Engelken, City Assessor F:IUSERS\tsteckle\Lindahl\Neztrop, LLC 2008 Tax AppeallC.hairperMayorPres_Neztrop_061209.doc STATE OF IOWA PROPERTY ASSESSMENT APPEAL BOARD IN THE MATTER OF NEZTROP LLC Petitioner-Appellant, vs. Docket No. 09-104-0038 CITY OF DUBUQUE BOARD OF REVIEW, Respondent-Appel lee. STIPULATION OF SETTLEMENT Appellant Neztrop LLC and Appellee City of Dubuque 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, 2009: Parcel No. 1506227001 has been settled and agreed upon as follows: Valuation: Land $595,000.00 Total $595,000.00 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 ~ day ofof NEZTROP LLC cN~ , 2009. by: Michael E. Portzen CITY OF DUBUQUE BOARD Cl~ REVIEW by: 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 STATE OF IOWA PROPERTY ASSESSMENT APPEAL BOARD Docket No. 09-104-0038 IN THE MATTER OF NEZTROP LLC Petitioner-Appellant, vs. CITY OF DUBUQUE 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 26t" day of June, 2009. Dubuqu y Board of Review, Respo nt-Appellee By ~arry A. Lindahl, Esq., City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 583-4113 Counsel for the Board of Review