Tax Settlement Dbq Golf & Country Club
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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
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
Ci~ Hall
13t & Central
Dubuque, IA 52001
5~B~E
~t/N.-~
May 24, 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 n '.-
Dubuque, IA 52003 :c,
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RE: Dubuque Golf & Country Club - 2004 Property Tax Protest
Case No. EQCV094381
Dear Chairpersons, Mayor and President:
Enclosed is a copy of a Stipulation of Settlement of a tax assessment appeal. Iowa
Code S 441.44 requires that the Stipulation of Settlement be served upon each of you.
The property that is the subject of this appeal is the Dubuque Golf and Country Club
located at 1800 Randall Place, Dubuque, Iowa, Assessor's Parcel 1 035226006.
This property includes 15 parcels that were combined into 1 parcel after the 2003 year.
The parcels added together had a land value of $1,578,030 and building values of
$1,727,730 for a total value of $3,305,760. The original 2003 value had the grounds
Service
Integrity
Innovation
People
Responsibility
Teamwork
improvements in the land value,(tees and greens) and now they appear in the building
value. Prior to the re-appraisal, the assessed value of the property was as follows:
January 1, 2003 assessed value:
Land
Buildings
Total
$ 1,578,030
1,727,730
$ 3,305,760
Following the re-appraisal, the assessed value of the property was as follows.
January 1, 2004 assessed value:
Land
Buildings
Total
$ 1,232,000 or $ 10,183 per acre (120.98 acres)
2,448,200
$ 3,680,200
The taxpayer is challenging only the assessed value of the land and not the building.
The taxpayer claims the assessed value should be as follows:
Land
Buildings
Total
$ 594,791 or $ 4,916 per acre
2,448,200
$ 3,042,991
The taxpayer protested this assessment to the Board of Review and the Board of
Review denied the petition. The taxpayer then appealed from the Board's decision to
the Iowa District Court for Dubuque County.
The taxpayer basis its claim on the land value in part on the current assessed value of
Thunder Hills County Club and The Meadows. Those assessed value are as follows:
Dubuque Golf & Country Club $ 10,183 per acre
Thunder Hills $ 2,137 per acre
The Meadows $ 2,780 per acre
The City Assessor was not able to find any sales of com parables of private clubs in
Iowa. We did look at the assessed value of a private club in Cedar Rapids, a 180 acre
parcel also located in a residential area. The value was $7,577 per acre.
We also considered using the fair market value of the land if it were to be developed
and sold as residential property. We asked Ed Tschiggfrie to give us an opinion of the
land value if his company were to develop the property. His opinion was $8,000 to
$10,000 per acre, depending on the availability and practicality of access to the
property.
The City Assessor also retained an appraiser from Des Moines, Patrick Schulte, to
prepare an appraisal. Mr. Schulte estimated his fee for the appraisal and for testimony
in court would be $8,000 for the appraisal and $125 per hour for traveling and court
time. The City Assessor would most likely have to retain a second appraiser if the case
is tried.
Based on the information available, the City Assessor's conclusion is that $8,000 to
$10,000 per acre represents the fair market value of the property. In an effort to settle
the case without further expense, the City Assessor proposed a settlement to the
taxpayer of $8,000 per acre which the taxpayer has accepted.
The stipulated assessed value is as follows:
Land
Buildings
$ 968,100 or $8,000 per acre
2,448,200
$ 3,416,300
Total
The settlement would result in a loss of tax revenue of $8,288 per year compared to the
2004 assessed value but an increase of $3.494 compared to the 2003 assessed value.
Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the tax
assessment will be adjusted to $3,416,300 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.
Barry A. Lindahl, Esq.
Corporation Counsel
BALltls
Enclosure
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Rick Engelken, City Assessor
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
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NOTICE OF VOLUNTARY SETTLEMENT
DUBUQUE GOLF AND COUNTRY
CLUB,
Plaintiff,
vs.
CITY BOARD OF REVIEW OF
DUBUQUE, IOWA
Defendant.
Case No. EQCV094381
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 Plaintiff and the 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 above-named Court
for approval after fourteen days from the date of this Notice.
Dated this 25th day of Mav, 2005.
City Board of Review for Dubuque, Iowa
Defendant
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By
B rry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque,lA 52001-6944
(563) 583-4113
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
DUBUQUE GOLF AND COUNTRY
CLUB,
Plaintiff,
vs.
CITY BOARD OF REVIEW OF
DUBUQUE, IOWA
Defendant.
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Case No. EQCV094381
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STIPULATION OF SETTLEMENT
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Plaintiff Dubuque Golf and Country Club and Defendant, City Board of
Review of Dubuque, Iowa, state to the Court that the pending litigation with
regard to the tax assessment for the property at 1800 Randall Place, Assessor's
Parcel No. 1035226004, as of January 1, 2004:
has been settled and agreed upon as follows:
1. Valuation:
Land
Buildings
Total
$968,100
$2,448,200
$3,416,300
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 ;l4Vtl day of 1m It Y
J
,2005.
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DUBUQUE GOLF AND COUNTRY
CLUB
CITY BOARD OF REVIEW OF
DUBU , IOWA
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by:':j
I a I . Coyle,
FUERSTE, CARE , COYLE,
JUERGENS & SUDMEIER, P.C.
200 Securitv Building
151 West 8(h Street
Dubuque,IA 52001-6832
(563) 556-4011
by:
Ba A. Lindahl, Esq.
Suite 330, Harbor View Place
300 Main Street
Dubuque,IA 52001-6944
(563) 5834113
Attorney for Plaintiff
Counsel for the Board of
Review