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City Council Minutes <br />August 21, 2023 <br />Motion carried 3-0. <br />7.3 Simple Plat: Jackson Street Apartments <br />Page 5 <br />Mr. Carlton presented the staff report. He stated, after the Planning Commission review, the applicant <br />brought up a concern and would like the Council to consider immunity from assessments related to <br />improvements on 6`' Street for a period of 10 years. Mr. Carlton stated there has been one instance in <br />history where immunity from assessments was granted for a billboard because it was wetlands and a <br />billboard lot and would receive no benefit from an improved road. This request is for an existing apartment <br />complex that would benefit from improvements. <br />Acting Mayor Wagner opened the public hearing. There being no one to speak to this issue, Acting Mayor <br />Wagner closed the public hearing. <br />The Council stated the immunity request is outside their general practice of assessing residential areas. <br />Moved by Councilmember Grupa and seconded by Councilmember Beyer to adopt Resolution 23- <br />30 approving the final plat of Jackson Street Apartments with the following conditions: <br />1. Right-of-way shall be dedicated for 6`" Steet NW, consistent with the existing easement <br />document. <br />2. The plat shall be updated to convey all standard perimeter drainage and utility easements. <br />3. All site plans must be updated to remove encroachments into the required right-of-way <br />dedication. <br />4. The plat will not be released for recording until all conditions for case file CU 22-17, the PUD <br />review for the Jackson Street Apartments, have been satisfied. <br />Motion carried 3-0. <br />7.4 Zone Change: City of Elk River <br />Mr. Carlton explained how this item related to public hearing notice procedures. <br />Acting Mayor Wagner re -opened the public hearing. There being no one to speak about this matter she <br />closed the public hearing. <br />Moved by Councilmember Beyer and seconded by Councilmember Grupa to direct staff to bring <br />this item back to Council at a future meeting for discussion. Motion carried 3-0. <br />8.1 Heritage Preservation Commission Appointment <br />Ms. Allard presented the staff report. <br />Moved by Councilmember Grupa and seconded by Councilmember Beyer to appoint Mary <br />Stoutenburg to the Heritage Preservation Commission with a term ending February 29, 2024. <br />Motion carried 3-0. <br />P0WIR10 1Y <br />INA ! URE <br />