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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, May 8,2017 <br />7:00 o'clock p.m. <br />PUBLIC COMMENTS — Continued <br />crushing operation with dust and noise that will be in the air long after the business is gone. Englernan <br />stated as he indicated earlier, this property is residential and has been residential since he purchased his <br />home in 1978. <br />Engleman stated he knows the Council is aware of this project and that it is his understanding from <br />Mike Gaffron approximately two weeks ago that Eureka was not going to crush concrete on the site as <br />originally planned but possibly store some concrete pipe. Eureka has now started hauling and storing dirt <br />without a permit from the Minnehaha Watershed Creek District. Engleman stated he is confused as to <br />what is going on. <br />Engleman asked what Eureka is doing on this site since they have no permits from the state or Orono for <br />storing of dirt and possible concrete crushing. It appears that they are in violation of permits. Engleman <br />stated he knows for sure that as of today they have not applied for an erosion permit from the Watershed <br />District. Per conversations with John Hopkins at the State of Minnesota Pern-ritting, he has been told the <br />state wants to work with municipalities on these projects. As of this afternoon, Hopkins is confused as to <br />what Eureka and Orono is doing. <br />Engleman provided documentation from the State of Minnesota and Department of Transportation. <br />Engleman indicated it is a compilation of permits that Eureka applied for and was given. Engleman <br />stated he would like the city attorney to read Line No. 2 on the second page out loud. <br />Mattick stated it reads as follows: Standard conditions of miscellaneous work permits. If work to be <br />done lies within the city or platted town, permission must also be obtained from such city or town. <br />Engleman stated that means the City and the Council has something to say about it and that they cannot <br />say they cannot do anything because the state owns the land. <br />Mayor Walsh stated the state basically overrides everything in the City but the contractor will have to <br />abide by Orono's working hours, hours of operation. <br />Engleman asked about zoning. <br />Walsh stated the state overrides the City's zoning. Walsh stated the state doesn't choose to do whatever <br />they want all the time but that they do have the right to send someone onto their land without the City's <br />approval. <br />Engelman stated based on his interpretation of that sentence, the City of Orono can do something to help <br />him and the other citizens, and that he is asking for their help. Engleman stated Eureka has received no <br />permits from anybody and that he does not expect them to be working down there tomorrow. Englernan <br />stated he expects them to be served with a cease and desist order from somebody. <br />Walsh stated if they did not have a right to do something, the City would be the first entity there. <br />Mattick noted there is no ordinance in Orono that allows rock crushing but the state's contractor is <br />performing rock crushing on Highway 12. Mattick stated that is the same basic concept. Mattick stated <br />there is a provision in the permit issued by the state which says the contractor has to receive permission, <br />Page 2 of 34 <br />