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Property Tax Appeal Settlements - Pape Grain Company Copyright 2014 City of Dubuque Consent Items # 13. ITEM TITLE: Property Tax Appeal Settlements - Pape Grain Company SUMMARY: City Attorney recommending approval of three property tax appeal Stipulations of Settlement for properties owned by Pape Grain Company. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Staff Letter to Tabng Bodies Staff Memo EPAP Stipulation of Settlement Supporting Documentation EPAP Notice of Voluntary Settlement Supporting Documentation Pape 410C Stipulation of Settlement Supporting Documentation Pape 410C Notice of Voluntary Settlement Supporting Documentation Pape 411C Stipulation of Settlement Supporting Documentation Pape 411C Notice of Voluntary Settlement Supporting Documentation Barry A. Lindahl,Esq. Dubuque THE C City Attorney Suite 330, Harbor View Place �City DUIB 300 Main Street All-America aTE Dubuque,Iowa 52001-6944 1 I V(563)583-4113 office Masterpiece on the Mississippi (563)583-1040 fax balesq@cityofdubuque.org 2007.2012•2013 December 17, 2015 Mayor and Members of the City Council President of the Board of Directors of the City of Dubuque Northeast Iowa 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 14742 Hwy. 20 West, Suite 2 Dubuque, IA 52001 Dubuque, IA 52003 Chairperson of the Conference Board of the City of Dubuque City Hall 131h & Central Dubuque, IA 52001 RE: Pape Grain Company vs. Dubuque City Board of Review 2015 Tax Appeals — Docket No's. 2015-104-00410C and 2015-104-00411 C EPAP INC vs. Dubuque City Board of Review 2015 Tax Appeal — Docket No. 2015-104-00408C Enclosed are copies of the Stipulations of Settlement regarding three tax assessment appeals filed by Pape Grain Company and EPAP INC. Iowa Code 441.44 requires that the Stipulations of Settlement be served upon each of you. There are three properties that are the subject of these appeals. Current Pape Transfer Offices The first property is the Pape Transfer property located at 1080 East 12th Street, parcel number 1119303005. This property is home to the Pape Transfer offices. The property sits on 2.968 acres and has a concrete tilt-up building with a 2 story office addition with 3520 square feet on each floor. The second floor of the office building is not currently used or totally finished. The building also has a truck maintenance shop that occupies 4224 square feet and a truck wash area that occupies another 1920 square feet. The building was constructed in 1996. The assessed value for 2015 was $900,760 before an equalization order from the Iowa Department of Revenue raised all commercial property in the City of Dubuque by 12%. The equalization order increased the Pape Transfer property value to $1,008,851. Pape Grain filed a protest with the Board of Review in May of 2015 requesting that the value be reduced to $675,570 based on comparable sales. The Board of Review denied this request and Pape Grain appealed the assessment to the Property Assessment Appeal Board (PAAB). Pape Grain appealed its assessment again in October of 2015 after the 12% commercial equalization order. Original Pape Transfer Office The second property is the original Pape Transfer property located at 1130 East 12th Street, parcel number 1119326002. This property is home to the original Pape Transfer offices. It has a land size of/2 acre and it has a metal over steel building that has 9,800 square feet under roof. The building has a 12' eave height on '/2 of the building and a 24' eave height on the rest of the building. The building was constructed in 1969. The assessed value for 2015 was $187,120 before an equalization order from the Iowa Department of Revenue raised all commercial property in the City of Dubuque by 12%. The increase order raised the 2015 assessment on this parcel to $209,574. Pape filed a protest in May of 2015 with the Board of Review requesting the value be reduced to $140,340, based on comparable sales. The Board of Review denied this request and an appeal was filed with PAAB. Pape Grain appealed its value again in October of 2015 after the 12% equalization order. Vacant Lot The third property is a vacant lot next to the other two parcels in the name EPAP INC, parcel number 1119303004. 2 The assessed value for 2015 was $83,380 before an equalization order from the Iowa Department of revenue raised all commercial property in the City of Dubuque. The property is used for parking semi-trailers. The increase order raised the 2015 property value to $93,386 for this parcel. EPAP filed a protest with the Dubuque City Board of Review in the spring of 2015 requesting the value be reduced to $62,475. The Board of Review denied this request and an appeal was filed with the PAAB. EPAP appealed its property value again in the fall of 2015 after the equalization order. Appraisal Bob Felderman prepared an appraisal for Pape on July 30, 2015. (The Board of Review tried but was unable to hire Bob Felderman for this appraisal since he had already done the appraisal for Pape.) The appraised value was $1,034,000 for the two Pape Transfer offices and $128,000 for the vacant parcel assuming no contamination, for a total appraised value of$1,162,000. Based on the recommendation of the City Assessor, the City Board of Review and Mr. Loras Pape have agreed upon an assessed value of $1 ,094,000, which is $77,260 less than the original assessment. It is also $215,615 above what Pape had requested in its protest to the Board. The agreed assessed value of $1,094,000 was arrived using Mr. Felderman's appraisal and adjusting the vacant lot value for contamination. The state equalization order raised the assessed value for the three property values to $1,311,811. The settlement will result in a reduction in assessed value of $77,260 for the 2015 assessment year from the 2014 assessment, and will result in a tax loss of $2,296 for the upcoming year from the previous year. Pursuant to the Stipulation of Settlement, these appeals will be dismissed and the assessed values will be adjusted as follows: Current Pape Transfer Offices (for parcel 1119303005) $852,930 for the 2015 assessment year. The value will be allocated as follows: • land value of $248,970 • building value of$603,960 Original Pape Transfer Offices (parcel 1119326002) $181,070 for the 2015 assessment year. The value will be allocated as follows: • land value of $62,500 • building value of$118,570 Vacant Lot (parcel 1119303004) $60,000 for the 2015 assessment year (land only) 3 Summary of Values Current Pape Transfer Original Pape Transfer Vacant Lot Offices (1119303005) Offices (1119326002) (1119303004) Current Assessed Value $1,008,851 $209,574 $93,386 Pape Requested Value $675,570 $140,340 $62,475 Appraised Value $1,034,000 Included with Parcel $128,000 for both 1119303005 if not contaminated Agreed Assessed Value $852,930 $181,070 $60,000 The proposed settlement will be presented to the PAAB after fourteen days from the date indicated on the attached Notice of Voluntary Settlement. If there are any objections to the settlement they should be made known to the PAAB prior to that time. If you have any questions about the proposed settlement, please contact City Assessor, Rick Engelken at (563)-589-7800. VeK rely, rry A. Lindahl, Esq. ity Attorney Enclosure cc: Michael C. Van Milligen, City Manager Kevin Firnstahl, City Clerk Rick Engelken, City Assessor F:\USERS\tsteckle\Lindahl\Tax Appeals\Pape Grain Company&EPAP Inc 2015\ChairperMayorPres_AGENDA_121715.doc 4 IOWA PROPERTY ASSESSMENT APPEAL BOARD PAAB Docket No. 2015-104-00408C Parcel No. 1119303004 EPAP INC, Appellant, vs. CITY OF DUBUQUE BOARD OF REVIEW, Appellee. STIPULATION OF SETTLEMENT Appellant EPAP Inc., and Appellee City of Dubuque Board of Review, state to the Iowa Property Assessment Appeal Board that the pending litigation with regard to the tax assessment for the following-described property as of January 1, 2015: Parcel No. 1119303004 has been settled and agreed upon as follows: Valuation: Land $60,000.00 Building n/a Total $60,000.00 It is further agreed that upon entry of an Iowa Property Assessment Appeal Board Order confirming the above settlement, the above pending litigation shall be dismissed with prejudice. Dated this ['&'L—day of 2015. EPAP INC. CITY OF UBUQUE BOARD OF REVIEW 1 By: By: Lo ape arry A. Lindahl, Esq. 1080 East 12th Street Suite 330, Harbor View Place Dubuque, IA 52001 300 Main Street Dubuque, IA 52001 IOWA PROPERTY ASSESSMENT APPEAL BOARD PAAB Docket No. 2015-104-00408C Parcel No. 1119903004 EPAP INC, Appellant, vs. CITY OF DUBUQUE BOARD OF REVIEW, 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 City of Dubuque 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 Iowa Property Assessment Appeal Board for approval after fourteen days from the date of this Notice. Dated this 18th day of December, 2015. City of Dubuqu oard of Review, Appellee By Bar A. Lindahl, Esq., City Attorney Suit 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 583-4113 IOWA PROPERTY ASSESSMENT APPEAL BOARD PAAB Docket No. 2015-104-00410C Parcel No. 1119303005 PAPE GRAIN COMPANY, Appellant, vs. CITY OF DUBUQUE BOARD OF REVIEW, Appellee. STIPULATION OF SETTLEMENT Appellant Pape Grain Company, and Appellee City of Dubuque Board of Review, state to the Iowa Property Assessment Appeal Board that the pending litigation with regard to the tax assessment for the following-described property as of January 1, 2015: Parcel No. 1119303005 has been settled and agreed upon as follows: Valuation: Land $248,970.00 Building 603,960.00 Total $852,930.00 It is further agreed that upon entry of an Iowa Property Assessment Appeal Board Order confirming the above settlement, the above pending litigation shall be dismissed with prejudice. Dated this 1��Iay of �� , 2015. PAPE GRAIN COMPANY CITY OF D QUE BOARD OF REVIEW 1 By: By: Lora� P-pe fry'A. Lindahl, Esq. 1080 East 12th Street cite 330, Harbor View Place Dubuque, IA 52001 300 Main Street Dubuque, IA 52001 IOWA PROPERTY ASSESSMENT APPEAL BOARD PAAB Docket No. 2015-104-00410C Parcel No. 1119303005 PAPE GRAIN COMPANY, Appellant, vs. CITY OF DUBUQUE BOARD OF REVIEW, 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 City of Dubuque 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 Iowa Property Assessment Appeal Board for approval after fourteen days from the date of this Notice. Dated this 18th day of December, 2015. City of Dubuque Board of Review, Appellee By B .ry A. Lindahl, Esq., City Attorney S e 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 583-4113 IOWA PROPERTY ASSESSMENT APPEAL BOARD PAAB Docket No. 2015-104-00411 C Parcel No. 1119326002 PAPE GRAIN COMPANY, Appellant, vs. CITY OF DUBUQUE BOARD OF REVIEW, Appellee. STIPULATION OF SETTLEMENT Appellant Pape Grain Company, and Appellee City of Dubuque Board of Review, state to the Iowa Property Assessment Appeal Board that the pending litigation with regard to the tax assessment for the following-described property as of January 1, 2015: Parcel No. 1119326002 has been settled and agreed upon as follows: Valuation: Land $62,500.00 Building $118,570.00 Total $181,070.00 It is further agreed that upon entry of an Iowa Property Assessment Appeal Board Order confirming the above settlement, the above pending litigation shall be dismissed with prejudice. Dated this Q�Kday of {-CX'�f(Z , 2015. PAPE GRAIN COMPANY CITY OF D BUQUE BOARD OF REVIEW 1 By: By: :;z7 A. Lindahl, Esq. 1080 East 12th Street Suite 330, Harbor View Place Dubuque, IA 52001 300 Main Street Dubuque, IA 52001 IOWA PROPERTY ASSESSMENT APPEAL BOARD PAAB Docket No. 2015-104-00411 C Parcel No. 1119326002 PAPE GRAIN COMPANY, Appellant, vs. CITY OF DUBUQUE BOARD OF REVIEW, 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 City of Dubuque 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 Iowa Property Assessment Appeal Board for approval after fourteen days from the date of this Notice. Dated this 18th day of December, 2015. City of Dubuqu and of Review, Appellee 1 By Barry A. Lindahl, Esq., City Attorney Suit 30, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 583-4113