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)