Davenport Farm and Fleet, Inc. Property Tax Appeal Settlement Copyrighted
August 17, 2020
City of Dubuque Consent Items # 15.
City Council Meeting
ITEM TITLE: Davenport Farm and Fleet, Inc. PropertyTaxAppeal Settlement
SUM MARY: Senior Counsel recommending approval of the Stipulation of Settlement
with respect to a property tax appeal filed by Davenport Farm and Fleet,
I nc., for property located at 2675 NW Arterial.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Staff Letter Staff Memo
Stipulation of Settlement Supporting Documentation
Notice of Voluntary Settlement Supporting Documentation
Dubuque
Barry A.Lindahl,Esq. THE GTY QF �
Senior Counsel �IF�U1EIYp EIEy
Suite 330,Harbor View Place � �... ..�
300 Main Street �� E ����
Dubuque,Iowa 52001-6944
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August 13, 2020
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RE: Davenport Farm and Fleet, Inc. vs. City of Dubuque Board of Review
2019 Property Tax Appeal
• lowa District Court for Dubuque County Case No. CVCV109286
2020 Property Tax Appeal
• lowa District Court for Dubuque County Case No. CVCV110896
Enclosed is a of the Stipulation of Settlement regarding a tax assessment appeal filed by
Davenport Farm and Fleet, Inc. (Farm and Fleet) filed in lowa District Court for Dubuque
County. lowa Code Sec. 441.44 requires that the Stipulation of Settlement be served
upon each of you.
There is one property that is the subject of this appeal. The property being appealed is
the Farm and Fleet property located at 2675 NW Arterial, Parcel no. 1017426006.
The Farm and Fleet Property
The property sits on 20.54 acres and has a one-story concrete tilt-up frame building built
in 2014. The building is 114,945 square feet and is used as a big box retail store. The
building includes an office mezzanine of 4,774 square feet, a sprinkler system throughout
the entire building, and an automotive service area. The interior finish primarily has vinyl
flooring, painted walls, and exposed ceilings. The land has a large amount of paving
covering the surface.
2019 Appeal
Farm and Fleet filed a protest with the City of Dubuque Board of Review in April of 2019
appealing the 2019 assessed value of $9,003,740. Farm and Fleet was represented at
the Board of Review hearing by the property tax representatives, Savage and Browning.
The initial protest claimed the assessed value to be $4,000,000 based on a market
survey. Before the Board of Review hearing, an appraisal was submitted for Farm and
Fleet by Donald DiNapoli and Edward Kling of RVG Commercial. Their conclusion of
market value was $7,900,000. The Board of Review denied the protest and Farm and
Fleet filed an appeal in lowa District Court for the 2019 assessment asking for a reduction
to $7,900,000.
The Appraisals
The RVG Commercial appraisal from St. Charles, Illinois submitted by Farm and Fleet
used the three approaches to value, which were $8,100,000, $7,900,000, and
$7,800,000. Their conclusion of value for the 2019 assessment was $7,900,000.
Dennis Cronk with Cook Appraisal of lowa City lowa completed an appraisal for the
Dubuque City Board of Review. Cronk's values from the three approaches to value were
$9,425,000, $9,095,000, and $8,625,000. Cronk's conclusion of value was $9,075,000
for the 2019 assessment.
Proposed Settlement
The City Board of Review and Davenport Farm and Fleet, Inc. have reached a tentative
settlement of the assessed value for January 1, 2019 and January 1, 2020 of$8,800,000.
To summarize:
Cronk value (for City Board of Review) $9,075,000
Assessed value $9,003,740
Settlement $8,800,000
DiNapoli and Kling value (for Farm & Fleet) $7,900,000
2
The settlement will result in a total tax loss to all taxing bodies of $5,921 for each of the
2019 and 2020 assessment years.
Pursuant to the Stipulation of Settlement these appeals will be dismissed and the
assessed value will be adjusted to $8,800,000 for the 2019 and 2020 years. The value
for 2019 and 2020 will be apportioned as follows:
Land $2,233,350
Building $6,566,650
Total $8,800,000
The proposed settlement will be presented to the lowa 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 lowa District Court at that
time. If you have any questions about the proposed settlement, please contact City
Assessor Troy Patzner at 563-589-4416.
Very sincerely,
.
arry A. Lindahl, Esq.
Senior Counsel
Enclosure
Attachment
cc: Michael C. Van Milligen, City Manager
Kevin Firnstahl, City Clerk
Troy Patzner, City Assessor
3
IN THE IOWA DISTRICT COURT IN AND FOR DI�BUQUE COUNTY
DAVENPORT FARM AND FLEET, INC.
Appellant,
vs. CASE NO. 01311 CVCV109286
CITY OF DUBUQUE BOARD OF REVIEW,
Appellee.
STIPULATION OF SETTLEMENT
Appellant Davenport Farm and Fleet, Inc., and Appellee City of Dubuque 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, 2019:
Parcel No. 1017426006
(locally known as 2675 NW Arterial, Dubuque, lowa)
has been settled and agreed upon as follows:
Valuation:
Land $2,233,350
Building $6,566,650
Total $8,800,000
It is further agreed that the Valuation of $8,800,000 shall also be effective for
January 1, 2020.
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 >>�`� day of ������;I:IC����- , 2020.
�
DAVENPORT FARM AND FLEET, INC. CITY OF DUBUQUE BOARD OF REVIEW
��� � .
By: � ,_� gy:
An�,re J. Schneiderman Bar A. Lindahl, Esq.
MOORE, HEFFERNAN, MOELLER, Suite 330, Harbor View Place
JOHNSON & MEIS, LLP 300 Main Street
501 Pierce Street, Suite 300 Dubuque, IA 52001
PO Box 3207
Sioux City, IA 51102
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
DAVENPORT FARM AND FLEET, INC.
Appellant,
vs. CASE NO. 01311 CVCV109286
CITY OF DUBUQUE 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 Plaintiff and the Dubuque City Board of Review, Defendant, 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 13t" day of Au ust, 2020.
CITY OF D BUQUE BOARD OF REVIEW
.
By:_ :
B rry A. Lindahl, Esq.
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001