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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, April 9, 2007 <br />7:00 o’clock p.m. <br />___________________________________________________________________________________ <br />(4. VACATION OF EASEMENTS ALONG BNSF RAILWAY CORRIDOR, Continued) <br /> <br />have resulted in the obliteration, removal, or relocation of all pre-existing drainageways, wetlands, <br />utility lines, etc., in the area of the easements to be vacated. <br /> <br />Gaffron noted the public utilities have been notified by mail but had not yet responded. Mn/DOT has <br />indicated there are no utility lines within these easements and is requesting the easements be vacated. <br /> <br />There were no public comments. <br /> <br />Mayor White closed the public hearing at 7:07 p.m. <br /> <br />Murphy stated he did receive a call from a property owner in the Silver Meadow area who questioned <br />whether the City was abandoning some city-owned property by vacating the easements. Murphy stated <br />he informed the property owner that the City was not abandoning land per se but rather vacating <br />easements that are located within the corridor. <br /> <br />Gaffron stated the easement portions are located within the highway corridor and are not located within <br />any residential property. <br /> <br />Murphy inquired whether the drainage in this area would be affected by the vacation. <br /> <br />Gaffron stated the vacation of the easements would not change the drainage. <br /> <br />McMillan inquired whether Mn/DOT should pay the fee. <br /> <br />Gaffron indicated Mn/DOT has stated they would require an invoice and an explanation of the City’s <br />fee. Gaffron stated the City has the option of requiring payment of the fee or waiving the fee as part of <br />the highway project. <br /> <br />Gaffron noted Staff would delay delivering the resolution to Mn/DOT for one week to allow the utility <br />companies that have not commented on the vacation to submit their comments to Staff. <br /> <br />Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5598, a Resolution Vacating <br />Certain Drainage and Utility Easements within the Plats of Crystal Creek; Meyer Dairy Addition; <br />Spruce Acres; with the fee being waived and delivery of the resolution to Mn/DOT being delayed <br />one week. VOTE: Ayes 5, Nays 0. <br /> <br />5. #06-3199 MINNETONKA CENTER FOR ARTS, 2240 NORTH SHORE DRIVE – <br />VARIANCE AND CONDITIONAL USE PERMIT – RESOLUTION NO. 5599 <br /> <br />White noted this application was heard previously by the City Council but that they were waiting for a <br />report on the emissions generated by the kiln. <br /> <br />Lorraine Kaley, 1395 Brown Road South, stated she would like to hear more about the study and the <br />emissions. Kaley noted an afterburner stack is to be installed on the furnace, which is a help. Kaley <br />indicated she had a brief conversation with a representative from the Minnetonka Center for Arts prior <br />to tonight’s meeting. <br /> <br /> <br />PAGE 2 of 22 <br />Item #02 - CC Agenda - 04/23/07 <br />Approval of Council Minutes From 04/09/07 [Page 2 of 22]