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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