Stipulation of Settlement_Property Tax Appeal by Kohl's Department StoreBarry A. Lindahl, Esq.
City Attorney
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
City Hall
13th & 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
City Hall
13th & Central
Dubuque, IA 52001
Dubuque
All-America�
11111
2007
January 10, 2013
THE CITY OF
DUB
E
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
Dubuque, IA 52003
RE: Kohl's Department Stores, Inc. vs. Dubuque City Board of Review
2009 Tax Appeal — Case No. 01311 EQCV098237
2011 Tax Appeal — Case No. 01311 EQCV099736
Dear Chairpersons, Mayor and President:
Enclosed is a copy of two Stipulations of Settlement regarding the two tax assessment
appeals referenced above. Iowa Code 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 Kohl's Department Store located at
2395 NW Arterial. The assessed value for 2009, 2010, 2011, and 2012 is set at
$5,816,500. The appeal covers parcel 1017426003.
The petitioner requested a value of $4,900,000 for 2009, $4,664,614 for 2010, and
$4,410,000 for 2011 at the Dubuque City Board of Review. The Board of Review
denied each request for all three years. The petitioner then filed an appeal to District
Court for 2009 and 2011. The interim years, 2010 and 2012, would follow the previous
year assessment unless a settlement or court order specified something different.
The property in question is an 88,228 square foot retail store built in 2004. The lot size
is 9.86 acres and almost all of the lot is covered by building or parking lot. The
assessed value of $5,816,500 consists of land value of $1,464,500 and a building value
of $4,352,000.
The Board of Review hired two appraisers to perform appraisals for District Court. Tom
Howe and Kevin Pollard each performed an appraisal. Howe's appraisal resulted in a
value of $5,735,000 and Pollard had an appraisal for $6,000,000. The petitioner also
provided two appraisals. Their two appraisers were Tom Scaletty and Ken Riggs.
Scaletty's appraisal was for $4,410,000 and Rigg's appraisal was for $3,700,000.
After the appraisals were performed and the Assessor's Office examined other Kohl's
assessments, a settlement offer was extended to the petitioner for $5,500,000. The
petitioner countered to have the assessment set at $5,200,000 for a period from 2009
thru 2012 and to then have the value reduce to $4,900,000 for both 2013 and 2014.
The Board of Review countered to have the assessments reduced to $5,200,000 for the
2009 through 2012 years but no change would take place for 2013 unless an
equalization order, up or down, is ordered by the Department of Revenue. No
stipulations were made for the 2014 year because a Commercial Revaluation will be put
in place. This settlement was agreed between the two parties.
The settlement will result in a reduction of value of $616,500 for the 2009 thru 2012
assessments. The settlement will result in a tax loss of $21,158 per year.
Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the tax
assessment will be adjusted to $5,200,000 for parcel 1017426003, for the years 2009
through 2012.
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 -7800.
2
Very sincerely
Barry A. Lindahl, Esq.
City Attorney
BAL /tls
Enclosure
cc: Michael C. Van Milligen, City Manager
Kevin Firnstahl, City Clerk
Rick Engelken, City Assessor
F: \USERS \tsteckle \Lindahl \Tax Appeals \Kohl's Department Stores 2011- CaseNo99736\Settlement Documents \ChairperMayorPres_011013.doc
3
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
KOHL'S DEPARTMENT STORES, INC.)
Plaintiff, )
)
) Case No. 01311 EQCV098237
)
DUBUQUE CITY BOARD OF REVIEW )
V5.
Defendant.
)
)
STIPULATION OF SETTLEMENT
Plaintiff, Kohl's Department Stores, Inc. 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, 2009:
Lot 2 Asbury Plaza #11
(Parcel No. 10- 17- 426 -003; 2595 Northwest Arterial, Dubuque, Iowa)
has been settled and agreed upon as follows:
Valuation:
Land $1,464,500.00
Buildings $3,735,500.00
Total $5,200,000.00
It is further agreed that the Valuation of $5,200,000.00 shall be effective
for the years of 2009 through 2013.
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 Plaintiffs.
Dated this t% day of i'i N itn R `1 , 2013.
KOHL'S DEPARTMENT STORES, INC.
by:
Doug . Oelschlaeg
SHED EWORTH & I ERSOLL,
PLC
115 Third Street, SE, Suite 500
PO Box 2107
Cedar Rapids, IA 52406
Attorney for Plaintiff
DUBUQUE CITY BOARD OF REVIEW
by:
arry A. Lindahi, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001 -6944
(563) 583 -4113
Counsel for the Dubuque City
Board of Review
F: \USERS \tsteckle \Ltndahl \Tax Appeals \Kohl's Department Stores 2009- CaseNo98237\ Stiputation0fSettlement _98237_010313.doc
2
o% ;,2
Ly
IN'THE DISTRICT COURT FOR DUBUQUE COUNTY f "i7�:
KOHL'S DEPARTMENT STORES, INC. DUB
by:
Dougla - r . Oelsc Iaeger
SHU EWOR ' & INGERSOLL,
PLC
115 Third Street, SE, Suite 500
PO Box 2107
Cedar Rapids, IA 52406
Attorney for Plaintiff
CITY BOARD OF REVIEW
y: -
Barry A. Lindahi, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street •
Dubuque, IA 52001 -6944
(563) 583 -4113
Counsel for the Dubuque City
Board of Review
F: \USERS\tsteckle\Lindahl\Tax Appeais\Kohi's Department Stores 2011- CaseNo99736\ StipulationOfSett lement_99736_010313.doc
2
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
)
KOHL'S DEPARTMENT STORES, INC.)
Plaintiff,
)
)
)
vs. ) Case No. 01311 EQCV098237
)
DUBUQUE CITY BOARD OF REVIEW )
Defendant. )
)
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 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 above -named Court
for approval after fourteen days from the date of this Notice.
Dated this j ` Ytix day of Jn MUM ELI , 2013.
Dubuque City Board of Review,
Defendant
By
B. ry A. Lindahl, Esq.
C y Attorney
S . ite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001 -6944
(563) 583 -4113
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
)
KOHL'S DEPARTMENT STORES, INC.)
Plaintiff, )
)
vs. ) Case No. 01311 EQCV099736
)
DUBUQUE CITY BOARD OF REVIEW )
)
Defendant. )
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 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 above -named Court
for approval after fourteen days from the date of this Notice.
Dated this day of 1 -Ft N LIY\IN
, 2013.
Dubuque City Board of Review,
Defendant
By
Barry A. Lindahl, Esq.
Attorney
ite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001 -6944
(563) 583 -4113