Kress Ind. Facility Tax Settlement
Barry A. Lindahl, Esq.
Corporation Counsel
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
Ci%Hall
131 & 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
Ci%Hall
131 & Central
Dubuque, IA 52001
THE CITY OF ~~
DUBU E
~~~
February 4, 2005
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
r'
Dubuque, IA 52003 ._~,:_"
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RE: Kress Industrial Facility, L.L.C. vs. Board of Review - 2004 Property Tax
Protest
Dear Chairpersons, Mayor and President
Enclosed is a copy of a proposed Stipulation of Settlement for this tax assessment
appeal. Iowa Code Section 441.44 requires that the Stipulation of Settlement be served
upon each of you.
The property that is the subject of this appeal is located at 3185 Hughes Court,
Dubuque, Iowa, and is legally described as follows:
Lot 2 Cedar Ridge Industrial Development First Addition
Service
Integrity
lrmovation
People
Responsibility
Teamwork
The property had an assessed valuation of $678,400 as of January 1, 2004 as a result
of the citywide reappraisal. The taxpayer protested the assessed value and the Board
of Review reduced the assessment to $604,800. The taxpayer then appealed to District
Court.
To avoid any additional costs for appraisals and expert witness fees, the City Assessor
proposed a nominal reduction in the assessed value of $7,400. The taxpayer has
agreed to the proposal. The $7,400 reduction in assessed value will result in a
reduction in annual taxes of $232 per year.
It is the recommendation of the City Assessor that this appeal be settled for an
assessed value of $597,400.
Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the tax
assessment will be adjusted to $597,400 for January 1, 2004.
The proposed settlement will be presented to the Court 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 Court prior to
that time.
If you have any questions about the proposed settlement, please contact City Assessor
Rick Engelken at (563) 589-4416.
arry A. Lindahl, Esq.
Corporation Counsel
BAUtls
Enclosure
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Rick Engelken, City Assessor
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
Appellant,
)
KRESS INDUSTRIAL FACILITY, LLC, )
)
)
)
)
)
)
)
)
)
)
vs.
Case No. EQCV0094400
OFFICE OF THE CITY ASSESSOR
FOR THE CITY OF DUBUQUE, IOWA
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 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 above-named Court
for approval after fourteen days from the date of this Notice.
Dated this 4th day of February, 2005.
Board of Review for the City of Dubuque,
Defendant-A ellee
By
B rry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
)
KRESS INDUSTRIAL FACILITY, LLC, )
)
)
)
)
)
)
)
)
)
)
Appellant,
vs.
OFFICE OF THE CITY ASSESSOR
FOR THE CITY OF DUBUQUE, IOWA
Appellee.
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STIPULATION OF SETTLEMENT
Appellant Kress Industrial Facility, LLC and Appellee, Board of Review of
the City of Dubuque, Iowa, state 10 the Court that the pending litigation with
regard to the tax assessment for the following-described property as of
January 1, 2004:
Lot 2 Cedar Ridge Industrial Development First Addition
has been settled and agreed upon as follows:
Valuation:
Land
Buildina
Total
$135,600
$461.800
$597,400
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 shall be paid by Appellant.
Dated this ---z J.c day of fiE . , 2005.
KRESS INDUSTRIAL FACILITY
LLC
by: ~- - .::;. ~
Benjami J. Roth, Esq.
ROTH & HENKELS
1400 University Ave., Suite D
Dubuque, IA 52001
(563) 582-7980
Counsel for Appellant
BOARD OF REVIEW OF THE
CITY OF DUBUQUE
..
arry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944