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J/ <br />Elk REQUEST FOR ACTION <br />River -~ <br />To Item Number <br />Cit Council 3.6. <br />Agenda Section Meeting Date Prepared by <br />Consent A xi17, 2008 exem ~ Barnhart, Plannin Mana ex <br />Item Description Reviewed by <br />Noxthstar Train Station Site Plan Approval Peter Bcck, Ci Attome <br /> Reviewed by <br /> Lori ohnson, Cit Administrator <br />Action Requested <br />Approval of the Noxthstar train station and parking lot improvements. <br />Background/Discussion <br />late last year, staff received a preliminary detail sheet fox the Noxthstar train station improvement and the <br />Council received these plans as an informational item. <br />Anticipating a building permit application, staff has been researching the Ciry's regulatory responsibility in <br />the review and approval of the train station, because the train station and parking lot axe on MnDOT and <br />railroad property, areas where a City's regulatory arm often does not extend. <br />Section 174.86 (Subd 2) of the Minnesota statutes identifies the local participation and review procedure: <br />" lY/ithin 45 days of the hearing, a city or town shall approve or disapprove the location and design of the station <br />to be located in the city or town. A czty or town that dirapproves shall describe specific amendments to the plan <br />that, if adapted, would caarse the czty or town to withdraw its disapproval Failure to comment in writing within <br />45 days after t6ie bearing is deemed to be accepted unless an extension of time is agreed to by the metropolitan <br />planning organisation and the commissioner of transportation. " <br />The Statute (Subd 3) does not require the comments to be addressed by the NCDA. T'he City Council <br />reviewed the plan and held a public hearing at their meeting on October 16, 2000. No comments were <br />received at that time and the Council approved a resolution with the condition that "The City of Elk <br />1Zivex have an opportunity to work with the NCDA and MnDOT on enhancing the depot site." Specific <br />details to he included in the site development were not illustrated. <br />It appears as though the City has exhausted its review ability, and no further formal planning ox land use <br />regulation is in effect fox the train station on Railroad and MnDOT property. <br />C:ADomme~ts and SetringsAjntillu\Local Sectiogs\Temporary ID[e[nec FilerVOLK3E\T=ain staTion memo to CC 47-08 (2).doc <br />