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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—ConNnued <br /> crushing operation with dust and noise that will be in the air long after the business is gone. Engleman <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 Permitting,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. Engleman <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 />