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Property Tax Appeal Settlement - Medical Associates Realty LLC Copyright 2014 City of Dubuque Consent Items # 18. ITEM TITLE: Property Tax Appeal Settlement- Medical Associates Realty, LLC SUMMARY: Senior Counsel recommending approval of the Stipulation of Settlement for a property tax appeal filed by Medical Associates Realty, LLC for property located at 990 Langworthy Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Staff Memo Staff Memo Stipulation of Settlement Supporting Documentation Notice of Voluntary Settlement Supporting Documentation Barry A.Lindahl,Esq. Dubuque THE C Senior Counsel Suite 330,Harbor View Place A�-ADUUB 300 Main Street �icaC" Dubuque,Iowa 52001-6944 (563)583-4113 office Masterpiece on the Mississippi (563)583-1040 fax balesq@cityofdubuque.org 2007.2012•2013 December 9, 2016 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 13th & Central Dubuque, IA 52001 RE: Medical Associates Realty LLC. vs. City of Dubuque Board of Review 2015 Property Tax Appeal — Docket No. 2015-104-01131C Enclosed is a copy of the Stipulation of Settlement regarding the tax assessment appeal filed by Medical Associates. Iowa Code 441.44 requires that the Stipulation of Settlement be served upon each of you. There is one property that is the subject of the appeal. The property is the Medical Associates property located at 990 Langworthy parcel number 1025305014. The property sits on 5.057 acres and is a two-story brick building with 74,520 square feet. The building is used by Medical Associates as a medical clinic. The building has average office finish for a medical building, was built in 1972, and a large addition was added in 1975. The assessed value for 2015 was $5,224,450 before a 12% equalization order raised the property value to $5,851,384. Medical Associates protested to the City of Dubuque Board of Review from the equalization order in the Fall of 2015. Medical Associates protested that the assessed value after the equalization order was too high because the property was not comparable with the sales used by the Iowa Department of Revenue in setting the equalization order, and because the property had just been reassessed during the 2014 revaluation by Vanguard Appraisals. The primary argument was that the property did not increase 12% in value in one year following the 2014 revaluation. Medical Associates presented information to the Board identifying each commercial sale used by the Department of Revenue in its equalization process, and attempted to point out the weak points for each sale, offering its own conclusions about the sales. The Board of Review reduced the assessment from $5,851,384 to $5,642,406. Medical Associates then filed this appeal with the Property Assessment Appeal Board. An appraisal was completed for the Board of Review by Bob Felderman of Felderman Appraisals, Dubuque. Mr. Felderman arrived at a value of $5,664,000 using the three approaches to value for cost, income, and market comparison. Mr. Felderman offered a range of values between $5,524,000 and $5,798,000 using these three approaches. The Board of Review, after reviewing the Felderman appraisal, and weighing the potential risks of a hearing before the Property Assessment Appeal Board, proposed a settlement to reduce the assessed value to $5,537,917. A final agreement was reached with Medical Associates for an assessed value of $5,511,794 for 2015. This value is $287,344 above the 2014 assessed value but does represent a reduction of $130,612 from the 2015 assessed value after the Board of Review's original decision on the equalization protest. This settlement will mean a total tax loss to all of the taxing bodies of $3,998 for the 2015 assessment year. Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the assessed value will be adjusted to $5,511,794 for parcel 1025305014 for the 2015 assessment year as follows: land value of $705,078, building value of $4,806,716. The proposed settlement will be presented to the Property Assessment Appeal Board 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 Property Assessment Appeal Board prior to that time. If you have any questions about the proposed settlement, please contact City Assessor, Rick Engelken at (563)-589-7800. Very sincerely, Barry A. Lindahl, Esq. Senior Counsel Enclosure cc: Michael C. Van Milligen, City Manager Kevin Firnstahl, City Clerk Rick Engelken, City Assessor IOWA PROPERTY ASSESSMENT APPEAL BOARD PAAB Docket No. 2015-104-01131C Parcel No. 10-25-305-014 MEDICAL ASSOCIATES REALTY, LLC, Appellant, vs. CITY OF DUBUQUE BOARD OF REVIEW, Appellee. STIPULATION OF SETTLEMENT Appellant Medical Associates Realty, LLC, 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. 10-25-305-014 has been settled and agreed upon as follows: Valuation: Land $705,078 Building $4,806,716 Total $5,511,794 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 day of 2016. MEDICAL ASSOCIATES REALTY, CITY OF DUBUQUE BOARD OF REVIEW LLC By / By: a u I J. S ig'Wa pG(t S4.V 94�-r4. doili, . ,i��d w1CZ�i�VU'YI i.->Q � O'CONN, HOMAS, PC Suite 330, Harbor View Place 1000 Main Street 300 Main Street Dubuque, IA 52001 Dubuque, IA 52001 IOWA PROPERTY ASSESSMENT APPEAL BOARD PAAB Docket No. 2015-104-01131C Parcel No. 10-25-305-014 MEDICAL ASSOCIATES REALTY, LLC, 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 no sooner than fourteen days from the date of this Notice. Dated this 8t" day of December, 2016. City of Dubuque Board of Review, Appellee Barry A. Lindahl, Esq., Senior Counsel Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 583-4113