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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 />which traditionally means they have to work with the City on their hours of operation. Mattick stated he <br />understands Mr. Engleman does not want it next to his home and that he would be willing to contact the <br />contractor. <br />Engelman asked how the contractor can move in without any permits. Engleman noted the permit is for <br />rock crushing only and that it does not say anything about storing pipe and black dirt, which is in <br />violation of the permit. <br />Mattick stated the City can make a call and take a look at it. <br />Printup asked if the City can obtain a written response from the state explaining this issue. <br />Mattick stated to his understanding they eliminated rock crushing from the site but they are using the site <br />for storage. <br />Walsh stated to his understanding they are going to move the rock crushing to a different site and that <br />they will try to limit it to one day of rock crushing. <br />Gaffron stated Daryl from Eureka informed Staff last week that they intend sometime this summer to <br />potentially move their rock crushing activity to the site. What Eureka has said all along is that they will <br />limit the rock crushing to one day or a short period of time. A couple of weeks ago Eureka informed the <br />City that they plan to bring in black dirt and store it there. Gaffron stated he would not be surprised if the <br />rock crushing involves a large pile of bituminous and concrete, which is similar to what is in front of <br />Otten Brothers. Gaffron stated it is his understanding the rock crushing will not be a daily thing for <br />weeks at a time but will instead be short-term. <br />Seals commented it does not make sense to her that the same rules that apply to residents do not apply to <br />the state's contractor. <br />Engelman pointed out the rock crushing activity will also be closer to the apple orchard compared to the <br />Eisinger property. <br />Mattick stated cities exist because the state legislature created cities as well as the power and authority <br />that they have. Under state statutes, states are only subject to the rules that they voluntarily subject <br />themselves to. Mattick stated this is a fight that is common with cities and townships over who controls <br />what, and generally speaking it is accepted that there is a hierarchy that has been created by the state. <br />Mattick stated people tend to think that state and local governments will work with each, but the City has <br />very limited authority in these types of situations. Mattick noted Hennepin County has worked with the <br />City on access points, etc., and the City can attempt to work with the state on this issue. Mattick stated it <br />is doubtful they will abandon the site. <br />Seals stated she would like the City to approach the state and express the City's views. <br />Crosby stated one question to think about is whether there is a better alternative site. Crosby stated the <br />state and contractor might feel this is the only avenue available at this point. <br />Page 3 of 34 <br />