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Walgreen Co. Property Tax Appeal Settlement Copyrighted April 2, 2018 City of Dubuque Consent Items # 7. ITEM TITLE: Walgreen Co. Property Tax Appeal Settlement SUMMARY: City Attorney recommending approval of a Stipulation of Settlement for a property tax appeal filed by Walgreen Co. affecting property at 55 John F. Kennedy Road. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Staff Letter Staff Memo Stipulation of Settlement Supporting Documentation Notice of Voluntary Settlement Supporting Documentation Dubuque Barry A.Lindahl, Esq. THE CITY OF � Senior Counsel �'��h Suite 330, Harbor View Place T T� � 11}Xzk 300 Main Street � ��� ��� Dubuque, [owa 52001-6944 I I (563)583-41 13 oftice 2007•2012 (563)583-1040 fax Masterpiece on the Mississippi 2o13•z017 balesq_c citvofdubuque.ora Office Hours: 8:00 AM—5:00 PM,T-W-Th 8:00 AM— 12:00 PM,F AGENDA LETTER March 16, 2018 I Mayor and Members of the City Council President of the Board of Directors of the City of Dubuque Northeast lowa Community College City Hall P.O. Box 400 13t" & 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 13t" & Central Dubuque, IA 52001 RE: 2017 Property Tax Appeals — In the District Court for Dubuque County • Walgreen Co. vs Dubuque City Board of Review CVCV106264 • Walgreen Co. vs Dubuque City Board of Review CVCV106265 • Walgreen Co. vs Dubuque City Board of Review CVCV106266 Enclosed is a copy of a Stipulation of Settlement regarding a tax assessment appeal filed by Walgreen Co. lowa Code Sec. 441.44 requires that the Stipulation of Settlement be served upon each of you. There are three properties for three Dubuque commercial establishments that are the subject of these appeals for the 2017 assessment year: 55 John F. Kennedy Road; 2260 John F. Kennedy Road; and 345 E. 20th Street. The proposed settlement affects only 55 John F. Kennedy Road; as part of the settlement, the appeals for the two other properties will be dismissed by Walgreen Co. Walgreen Co. Property at 55 John F. Kennedy Road The property which is the subject of this appeal and proposed settlement is the Walgreen Co. property located at 55 John F Kennedy Road, parcel number 1027301009. The property sits on 1.835 acres and has a 1-story 14,736 square foot brick steel frame building. The building is used as a retail drug store and was built in 2005. The building has an average interior finish and is in average to good condition. 2017 Appeal Walgreen Co. filed a protest with the City of Dubuque Board of Review in the Spring of 2017 appealing the 2017 assessed value of $2,001 ,944. In the protest, Walgreen Co. claimed the assessed value should be $1,111,500. The Board of Review denied the protest and Walgreen Co. appealed the denial to the District Court. The Appraisals An appraisal was completed for the Board of Review by Rochelle L. Dietiker, MAI, Cook Appraisal of lowa City, lowa. Ms. Dietiker concluded that the January 1, 2017 assessed value was $2,200,000. Joseph Calvanico, MAI, FRICS managing director of Loop Capital Financial Consulting Services LLC of Chicago, Illinois completed an appraisal for Walgreen Co. Mr. Calvanico reached an assessed value of $1,250,000. Proposed Settlement The parties had several unsuccessful settlement discussions before reaching the proposed settlement agreement. The City Board of Review and Walgreen Co. have reached a tentative settlement for an assessed value for January 1, 2017 of $1,900,000. This settlement if approved will also result in the two other district court appeals being dismissed by Walgreen Co. Walgreen Co. had requested a substantial deduction in the assessed value of those properties. However, those properties will remain at the 2017 assessed value established by the City Assessor. The result of the settlement will be about a 2% reduction in total value for the three properties. The settlement will result in a total tax loss to all taxing bodies of $3,112 for the 2017 assessment year 2 Pursuant to the Stipulation of Settlement these appeals will be dismissed and the assessed value will be adjusted to $1,900,000 for 55 John F. Kennedy Road. The value for 2017 will be apportioned as follows: Land $667,946 Building $1,232,054 Total $1,900,000 The proposed settlement will be presented to the District Court 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 District Court prior to that time. If you have any questions about the proposed settlement, please contact City Assessor Rick Engelken at 563-589-7800. Very sincerely, � Ba ry A. Lindahl, Esq. Se ior Counsel Enclosure Attachment cc: Michael C. Van Milligen, City Manager Kevin Firnstahl, City Clerk Rick Engelken, City Assessor F:\Users\tsteckle\Lindahl\Tax Appeals\Walgreens 2017\TaxingBodiesLetter_AgendaLtr_031518.docx 3 IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY WALGREEN CO., Appellant, vs. CASE NO. 01311 CVCV106266 DUBUQUE CITY BOARD OF REVIEW, Appellee. STIPULATION OF SETTLEMENT Appellant Walgreen Co., and Defendant Dubuque City Board of Review, state to the Court that the pending litigation with regard to the tax assessment for the following-described property as of January 1, 2017: Parcel No. 1027301009 (locally known as 55 John F. Kennedy Road, Dubuque, lowa) has been settled and agreed upon as follows; Valuation: Land $867,946 Building $1,232,054 Total $1,900,000 The parties have agreed that the assessed value of the above described property for the January 1, 2017 and January 1, 2018 assessment dates shall be One Miilion Nine Hundred Thousand Dollars ($1,900,000). It is further agreed that upon entry of a Court Order confirming the above settlement, the above pending litigation shall be dismissed with prejudice and the costs shall be paid by Appellant. Dated this „�}h day of m��',� , 20 . WALGREEN CO. DUBUQU IT BOARD OF REVIEW By: By: Brent A. Aube y, Esq. B ry A. Lindahl, Esq,, Senior Counsel Faegre Baker Daniels LLP S ite 330, Harbor View Place 300 N. Meridian Street 3 0 Main Street Suite 2700 Dubuque, IA 52001 Indianapolis, IN 46204 IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY WALGREEN CO., Appellant, vs. CASE NO. 01311 CVCV106266 DUBUQUE CITY BOARD OF REVIEW, Appellee. NOTICE OF VOLUNTARY SETTLEMENT TO: City of Dubuque, lowa County of Dubuque, lowa Dubuque Community School District Northeast lowa Community college Dubuque County Hospital Dubuque County Agricultural Extension Service Conference Board of the City of Dubuque YOU ARE HEREBY NOTIFIED, pursuant to lowa 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 Court for approval no sooner than fourteen days from the date of this Notice. Dated this 19t" day of March, 2018. Dubuque C' Board of Review, Appellee i, Barry A. Lindahl, Esq., Senior Counsel Suite`330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 583-4113