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~ . . City Council Minutes November 19, 1984 Page Two Mr. Jim Tralle was present in the audience and asked if the Council action at the upcoming Novmeber 26th consideration of the Heavenly Hills assessment would permit an additional 30-day period to prepay assessments without interest. The Administrator indicated that he thought it would but would check for sure and re- spond to Mr. Tralle's request. Councilmember Duitsman indicated his unwillingness to approve a motion which would give up any of the City's rights as requested by Lundberg. Lundberg submitted an appeal to the Heavenly Hills assessment as adopted by the City Council to Mayor Hinkle. The appeal was entered into the City's record. Lundberg asked if at or before the November 26th consideration of the Heavenly Hills assessment by the Council. new letters to preserve the right to appeal in district court would need to be submitted by individuals in the Heavenly Hills area. The City Administrator indicated that the City attorney felt that it would be necessary and recommended that Lundberg take that action. 5. Nickerson Administrative Subdivision Councilmember Gunkel reviewed the administrative subdivision request by Mrs. Vira Nickerson of 426 3rd Street in Elk River. Mrs. Nickerson is requesting an administrative subdivision to enable a property split of a parcel 15 feet by 165 feet which would be added to an adjacent parcel on 3rd Street. The staff recommendation was to approve the administrative subdivision. The City Administrator added that the property in question will be subject to City Council consideration of a rezoning in the upcoming weeks. The Administrator indicated that the zone is currently R-2. two Family Residential, and a request to change the zoning to R-3 Townhouse would be made to the Planning Commission and City Council. . Mayor Hinkle declared the public hearing open. Cliff Lundberg. representing Mr. Gene Kreuser, indicated that Mr. Kreuser intended to build a six-unit apartment building on the site in question and asked how assessments for the 15 foot by 165 foot parcel would be treated by the City. The City Administrator indicated that the parcel being split was such a very small percentage of the total 11.84 acres owned by Mrs. Nickerson, that to split an assessment for that individual parcel would be meaningless and cost more for the City to accomplish than the actual assessment. The Administrator indicated that it would be best if the b~yer and seller would simply agree that assessments on the original parcels as constituted in the area would remain and there would be no affect on those assessments as a result of the property division requested by Nickerson. The Administrator further indicated that the buyer and seller could arrange any necessary compensation for the assessment as part of the transaction for the property between themselves and therefore, not involve the City and require that a separate assessment be created for the 15 by 165 foot parcel. The Council's consensus was that the Administrator's recommendation for the treat- ment of the assessment was acceptable.