Walgreen Co. Property Tax Appeal Stipulation of Settlement Copyrig hted
October 19, 2020
City of Dubuque Consent Items # 11.
City Council Meeting
ITEM TITLE: Walgreen Co. Property TaxAppeal Stipulation of Settlement
SUM MARY: Senior Counsel recommending approval of a Stipulation of Settlement
for a property tax appeal filed by Walgreen Co., #9708, for their property
located at 55 J F K Road.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Notice of Voluntary Settlement Supporting Documentation
Stipulation of Settlement Supporting Documentation
Dubuque
Barry A. Lindahl, Esq. THE CTTY OF �
Senior Counsel uE�neripciry
Suite 330, Harbor View Place �� � �����'�����
300 Main Sh•eet 1 I I •'
Dubuque, [owa 52001-69�14
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AGENDA LETTER
October 8, 2020
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
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: Walgreen Co. (#9708) vs. City of Dubuque Board of Review
2019 Property Tax Appeal
• lowa District Court for Dubuque County Case No. EQCV109284
2020 Property Tax Appeal
• lowa District Court for Dubuque County Case No. EQCV110892
Enclosed is a Stipulation of Settlement regarding a tax assessment appeal filed by
Walgreen Co. Walgreen 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 is the Walgreen
property located at 55 JFK Rd. Parcel no. 1027301009.
The Walgreen Co. Property
The property sits on 1.84 acres and has a one-story steel frame buiiding with masonry
veneer built in 2005. The building is 14,736 square feet. It is used as a retail store,
including a pharmacy with a drive-thru. The interior finish primarily has vinyl flooring,
painted drywall, and acoustic tile ceilings. The land has a significant amount of retaining
walls along with approximately one acre of paving covering the surFace.
2019 Appeal
Walgreen Co. filed a protest with the City of Dubuque Board of Review in April of 2019
appealing the 2019 assessed value of$1,914,180. Walgreen Co. was represented at the
Board of Review hearing by the Minneapolis law firm of firm Larkin Hoffman. The protest
claimed the assessed value to be $1,185,600 based on market value. The Board of
Review denied the protest and Walgreen Co. filed an appeal in lowa District Court for the
2019 assessment asking for a reduction of the 2019 assessed value to $1 ,185,600.
The Appraisals
Anthony Uzemack with Appraisal Systems from DeerField, Illinois submitted by Walgreen
Co. used the three basic approaches to value, which were $1,215,000, $1,250,000, and
$1,285,000. Mr. Uzemack's conclusion of 2019 assessed value was $1 ,250,000.
Dennis Cronk with Cook Appraisal of lowa City, lowa completed an appraisal for the
Dubuque City Board of Review. Mr. Cronk's values from the three approaches to value
were $2,670,000, $2,430,000, and $2,270,000. Mr. Cronk's conclusion of value was
$2,420,000 for the 2019 assessed value.
Proposed Settlement
The City Board of Review and Walgreen Co. have reached a tentative settlement of the
assessed value for January 1, 2019 and January 1, 2020 of$1,700,000.
To summarize:
Cronk value (for City Board of Review) $2,420,000
Assessed value $1,914,180
Settlement $1 ,700,000
Uzemack value (for Walgreen Co.) $1 ,250,000
The settlement will result in a total tax loss to all taxing bodies of $6,225 for each of the
2019 and 2020 assessment years.
2
Pursuant to the Stipulation of Settlement these appeals will be dismissed and the
assessed value will be adjusted to $1,700,000 for the 2019 and 2020 years. The value
for 2019 and 2020 will be apportioned as follows:
Land $644,090
Building $1,055,910
Total $1,700,000
The proposed settlement will be presented to the lowa District Court after fourteen days
from the date indicated on the enclosed 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 sinc ely,
�
B ry A. Lindahl, Esq.
S n' r Counsel
Enclosure
cc: Michael C. Van Milligen, City Manager
Kevin Firnstahl, City Clerk
Troy Patzner, City Assessor
F:\Users\tsteckle\Lindahl\Tax Appeals\Walgreen Co.2019-DC\Settlement Docs\TaxingBodiesLetter_AGENDA_100820.docx
3
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
WALGREEN CO. (#9708)
Plaintiff,
vs. CASE NO. EQCV109284
CITY OF DUBUQUE BOARD OF REVIEW,
Defendant.
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 8t" day of October, 2020.
CITY OF DUBU E BOARD OF REVIEW
,
�� a
B y:
Barry:A. Lindahl, Esq.
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
WALGREEN CO. (#9708)
Plaintiff,
vs. CASE NO. EQCV109284
CITY OF DUBUQUE BOARD OF REVIEW,
Defendant.
STIPULATION OF SETTLEMENT
Plaintiff Walgreen Co. (#9708), and Defendant City of Dubuque Board of Review,
state to the Court that the pending litigation with regard to the assessed value for the
following-described property as of January 1, 2019
Parcel No. 1027301009
(locaily known as 55 JFK Rd, Dubuque, lowa)
has been settled and agreed upon as follows:
Valuation:
Land $644,090
Building $1,055,910
Total $1,700,000
It is further agreed that the Valuation of $1,700,000 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 court
costs, not including attorneys' fees, shall be paid by Plaintiff.
Dated this 8th day of OCtober , 2020.
WALGREEN CO. (#9708) CITY OF DU UE BOARD OF REVIEW
gy: /s/ Timothy A. Rye By:
Timothy A. Rye, Esq. Bar . Lindahl, Esq.
Larkin Hoffman Daly & Lindgren, Ltd. Sui 330, Harbor View Place
8300 Norman Center Drive, Suite 1000 300 Main Street
Minneapolis, MN 55437-1060 Dubuque, IA 52001