04-09-2007 Council Minutes - Laserfiche WebLink

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1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 • 7:00 o'clock p.m. (4. VACATION OF EASEMENTS ALONG BNSF RAILWAY CORRIDOR, Continued) have resulted in the obliteration, removal, or relocation of all pre- existing drainageways, wetlands, utility lines, etc., in the area of the easements to be vacated. Gaffron noted the public utilities have been notified by mail but had not yet responded. Mn/DOT has indicated there are no utility lines within these easements and is requesting the easements be vacated. There were no public comments. Mayor White closed the public hearing at 7:07 p.m. . Murphy stated he did receive a call from .a property owner in the Silver Meadow area who questioned whether the City was abandoning some city -owned property by vacating the easements. Murphy stated he informed the property owner that the City was not abandoning land per se but rather vacating easements that are located within the corridor. Gaffron stated the easement portions are located within the highway corridor and are not located within any residential property. Murphy inquired whether the drainage in this area would be affected by the vacation. Gaffron stated the vacation of the easements would not change the drainage. • McMillan inquired whether Mn/DOT should pay the fee. Gaffron indicated Mn/DOT has stated they would require an invoice and an explanation of the City's fee. Gaffron stated the City has the option of requiring payment of the fee or waiving the fee as part of the highway project. Gaffron noted Staff would delay delivering the resolution to Mn/DOT for one week to allow the utility companies that have not commented on the vacation to submit their comments to Staff. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5598, a Resolution Vacating Certain Drainage and Utility Easements within the Plats of Crystal Creek; Meyer Dairy Addition; Spruce Acres; with the fee being waived and delivery of the resolution to Mn/DOT being delayed one week. VOTE: Ayes 5, Nays 0. 5. #06 -3199 MINNETONKA CENTER FOR ARTS, 2240 NORTH SHORE DRIVE — VARIANCE AND CONDITIONAL USE PERMIT — RESOLUTION NO. 5599 White noted this application was heard previously by the City Council but that they were waiting for a report on the emissions generated by the kiln. Lorraine Kaley, 1395 Brown Road South, stated she would like to hear more about the study and the emissions. Kaley noted an afterburner stack is to be installed on the furnace, which is a help. Kaley indicated she had a brief conversation with a representative from the Minnetonka Center for Arts prior • to tonight's meeting. PAGE 2 of 22 .