Monday, August 10, 2009

Is Potential Use of Land a Reason to Get the Shaft?

It appears that two residences on Old Mill Road have not ended their court dispute with the City of Centerville regarding their $90,000 special assessments. Currently, they are awaiting a hearing in Anoka County scheduled the afternoon of August 24th.
A little history;
May 23, 2007
"In a letter addressed to the city, the Fruths wrote, "that proposal put forth by Jeff and Laura Hanzel [sic] is solely for their financial benefit and does not, in any way, serve to benefit us, our property, or the City . It is our intention to exercise each and every legal right available to us to prevent this ridiculous cost to ourselves." A nearly identical letter was sent to the city by Fred Fischer, who also opposes the project.
At the public hearing, Peter Fruth told council and staff that "we cannot afford a $100,000 assessment. After Peter spoke, Cathy, visibly upset, told council and staff that "we're not gaining a thing . We are being pressured to pay for something for [Hanzals'] development which I don't think we should have to pay for."
Although the Fruths' and Fishers' properties are currently zoned as Rural Residential, which stipulates a density of one lot per ten acres, staff pointed out that it is almost guaranteed that the zoning will change as the city moves through its Comprehensive Plan revision process this year and next, allowing them to subdivide.
"I've got no beef with Jeff Hanzal," Fisher said, "but my problem is that he wants to make money and he's doing it on my back. "He's the one selling the lots; let him pay for the road," he added. After the public hearing was closed, the council passed a resolution ordering the Old Mill Road improvements to go forward.
Prior to that vote, Council Member Lee, turning to look Peter and Cathy Fruth in the eyes, said "As much as it pains me to see old time residents feel like they have to move, this project was going to happen in a year anyway, and be more expensive."
"[However], if I were in your shoes, I'd feel like I was getting the shaft, too," he added.
Council Member Tom Lee argued that the size of the Fruths' property was part of the reason their assessment was so high. "Because your property has the potential to be many lots, the assessment is what it is," he said.
The Citizen

July 10, 2008
Only one person spoke at the hearing, Jeff Carroll, a lawyer representing Old Mill Road neighbors Cathy Fruth and Fred Fischer, but he said both his clients were very dissatisfied with the bills they had been sent.
He questioned the assessments, which he said indicated the property values would increase by $100,000 apiece, from a current estimated value of $375,000.
“The current taxes are over $5,000,” said Carroll. “This is going to increase their taxes to $14,000 a year, an increase of 140 percent, which is incredibly substantial.”
Fruth had appeared before Centerville City Council at a previous meeting, at which she claimed her drive had been left four feet above street level since the road improvements had been made.
She was offered two options to remedy the situation by the city engineer at the July 10 meeting, but explained she would need further time to decide which course of action she wished to pursue.
The City Council voted to delay the passing of a resolution on Old Mill Road residents’ special assessments until a later meeting when Fruth’s situation had been resolved.
The Citizen

The Fruth and Fisher families are considering taking their case all the way to the Minnesota Supreme Court if unsuccessful in Anoka County. Ms. Fruth questions why the City of Centerville is insisting her property is potentially worth over one million dollars while the Anoka County property tax statement shows her property value has dropped approximately $50,000 since this all started two years ago. Ms. Fruth also is willing to sell to any developer willing to pay the price the current council claims the property is worth.
Update:
As of today, the driveway situation has not been resolved between Ms. Fruth and the City of Centerville and both properties are still zoned Rural Residential (one lot per ten acres)

9 comments:

Anonymous said...

"[However], if I were in your shoes, I'd feel like I was getting the shaft, too," he added.

Yet, Tom Lee voted to give these residents "the shaft"
Great representation we have here.
Remember this when you vote next year!

Anonymous said...

So now we are taxing people on the potential use of land.
Does council have some sort of crystal ball? I would like to borrow it except it appears to be broken.
Nobody can predict what will happen in these uncertain times. Especially when it comes to real estate!
Listening to the county tax assessor might be a great place to start!
Poor families.

Adam said...

"Potential use of land" might just be the NEW imminent domain.

What the City wants, the City gets?
I am still disgusted by the senior citizen story.
I hope these people win and help take our City back!
Good riddance to the council majority in 2010!
Booya... See ya!

Anonymous said...

I guess that beside being decorators, designers, developers and real estate mongers they have the inside track on the economy, too!
Council must have the crystal ball syndrome because I can't fathom what makes them qualified to make all these decisions.
Hence, the street-light timers (another 3,500 taxpayer dollars) intended to turn off every other main street light a midnight? Couldn't Centerville have saved the upfront costs by only placing half of the lights in the first place?
C'mon, bloggers, find the link for that story!
Good luck Fruth's and Fischer's!

Anonymous said...

Isn't the size of Linda Broussard-Vickers land over eight times the size of the Fruth and Fischer land?
Why hasn't she been assessed such an exorbitant amount?
Maybe someone in the Fruth and Fisher families should run for council next year?
Maybe someone, anyone, should run against these crazy, spineless creatures we have in office now!

Anonymous said...

"Ms. Fruth also is willing to sell to any developer willing to pay the price the current council claims the property is worth."

There is obviously no developer willing to pay Ms. Fruth what current Council deems her property worth. If there was a market, they would be beating down her door!

What a crock of crap!

Anonymous said...

One developer in Centerville can't sell his land or spec home. How does the council think Ms Fruth can?

Anonymous said...

Did you know that a "Zumbro House" is moving into Hunter's Crossing. Take a look at the link and educate yourself. These people were apparently given a permit to move into a forclosed house. It's all apparently happening on the down low. People are finding out and are planning to attend the city council meeting tonight at 6:30 at the city hall.


http://www.zumbrohouse.com/whoweserve.html

Anonymous said...

I think Linda's land is in trust!