00-1069CouncilFile# GO—Ib�
Green Sheet # � � S Q�C
Presented By
RESOLUTION
SAINT PAUL, M
�� �
Refened To Committee: Date
1
2 WI3EREAS, in late Apri12000 Gopher State Ethanol commenced the production of
3 ethanol on the premises of the former Schxnidt Brewery located in the City's West Seventh
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
neighborhood; and
WHEREAS, shortly after the commencement of ethanol production by Gopher State, the
City began to receive complaints concerning odarous emissions, noise and health problems
purportedly generated by the producfion of ethanol; and
WHEREAS, neighborhood residents submitted a petition pursuant to Administrative
Code Chapter 91 for the purpose of requesting a public hearing regarding the Gopher State
Ethanol plant which the petitioners alleged was a public nuisance; and
WHEREAS, on October 18, 2000 the Council of the City of Saint Paul conducted a
public hearing on the matter for the puxpose of taking oral and written evidence concerning the
allegations of the citizenry against Gopher State Ethanol. At this public hearing testimony was
taken from members of the publia ln addifion, testimony was taken from representatives of
Gopher State Ethanol as well as various public officials with knowledge of efforts made to
correct the perceived problems generated by the Plant. At the close of the public hearing, the
Council kept the record open and continued accepting written submissions from the public, from
Gopher State Ethanol and a11 others wishing to make their voices heard, untii the close of
business on October 27, 2000; and
WIIEREAS, the Council of the City of Saint Paul has received and considered the oral
and written comments regarding the allegations concerning the unpact of the Plant's operations
upon the citizenry of Saint Paul; and
WHEREAS, the evidence presented suggests that Gopher State Ethanol unreasonably
29 annoys, injures or endangers the safeTy, health, comfort and repose of inembers of the public and
30 that its operations repeatedly disturb the peace and comfort of the public and of the
31 neighborhood; and
32
33
34
35
36
37
38
WHEREAS, pursuant to Administrative Code Chapter 91.03(d), the City Council has
determined that it is appropriate to refer this matter to the Office of the City Attorney for review
for sufficiency to file criminal charges or to commence a civil action; and
WI3EREAS, the Council understands that a review of sufficiency at this stage of any
proceedings regarding the operarions of Gopher State Ethanol will be a review of whether there
ofl-�bq
exist sufficient grounds to merit the prepazation of a formallegal action calculated to address the �
problems associated with the operations of Gopher Staxe Ethanol;
4 NOW, THEREFORE, THE CITY COLTNCIL DOES HEREBY RESOLVE that the City
5 Attorney shall review the matter of the operations of the Gopher State Ethanol plant and the
6 effect of those operations for whether there exist sufficient grounds to merit the prepazation of a
7 legal action calculated to address the problems associated with the operations of the plant. The
8 City Attorney shall give an interim report to the Council on November 22, 2000 as to the status
9 of its review of the matter.
Requested by Department of:
By:
Form Approved by ity Attorney
By:
Adoption Certified by Council 5ecretary Approved by Mayor for Submission to Council
By: " �--- Hy:
Approved by Mayor: Date
By:
Adopted by Council: Daee �� _ FC a-r��a
� ��.._
�b��b�l
,�
Citv Council
Councilmember Coleman 266-8620
Nov. 8, 2000 (Suspension Item)
ii/a/oo
TOTAL # OF SIfiNATURE PAQES
GREEN 3HEET
wriuTr[Nr duero�
No 10�9�0
��«.�
FOM ❑ MYATfONYY � CRVCLiRK _
� nuHeua aarvcw an. ❑ rwexw. tenvi�cmo
�MAY4RIOIIiYN/TM1TI���,.�� ❑
(CLIP ALl 40CATIONS FOR SIGNATURE)
iun rteuucaicv
Requesting the City AtCorney to review the matter of the operations of the Gopher State
Ethanol Plant and the effect of those operations as to whether there exists sufficient
grounds to merit preparation of legal action and report to the City Council on November 22,
2000, as to the status of its review.
PLANNINO COMMISSION
CI9 COMMITI'EE
CIVIL SERVICE COM�y11S810N
IF
0
Hae thie pereoNfi�m e�ervrorked under a coM/ect ta this depaAment'7
YES NO
Mes ihis PereonMrm wx heen e aXy emGbYee9
YE3 NO
Does thk peiaoNfrm poaaees a eM�l not namqllypoeaessetl Dy any current cRy employee?
YE8 NO
tslhls peraoMlfrm aterpelodvendorl
YE& N�
TRANSACTION
SQURCB
CO3TIREV6NV6 BUDQETED (CIRCL4 ONE)
ACTNITY NUMBER
Y@S NO
CouncilFile# GO—Ib�
Green Sheet # � � S Q�C
Presented By
RESOLUTION
SAINT PAUL, M
�� �
Refened To Committee: Date
1
2 WI3EREAS, in late Apri12000 Gopher State Ethanol commenced the production of
3 ethanol on the premises of the former Schxnidt Brewery located in the City's West Seventh
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
neighborhood; and
WHEREAS, shortly after the commencement of ethanol production by Gopher State, the
City began to receive complaints concerning odarous emissions, noise and health problems
purportedly generated by the producfion of ethanol; and
WHEREAS, neighborhood residents submitted a petition pursuant to Administrative
Code Chapter 91 for the purpose of requesting a public hearing regarding the Gopher State
Ethanol plant which the petitioners alleged was a public nuisance; and
WHEREAS, on October 18, 2000 the Council of the City of Saint Paul conducted a
public hearing on the matter for the puxpose of taking oral and written evidence concerning the
allegations of the citizenry against Gopher State Ethanol. At this public hearing testimony was
taken from members of the publia ln addifion, testimony was taken from representatives of
Gopher State Ethanol as well as various public officials with knowledge of efforts made to
correct the perceived problems generated by the Plant. At the close of the public hearing, the
Council kept the record open and continued accepting written submissions from the public, from
Gopher State Ethanol and a11 others wishing to make their voices heard, untii the close of
business on October 27, 2000; and
WIIEREAS, the Council of the City of Saint Paul has received and considered the oral
and written comments regarding the allegations concerning the unpact of the Plant's operations
upon the citizenry of Saint Paul; and
WHEREAS, the evidence presented suggests that Gopher State Ethanol unreasonably
29 annoys, injures or endangers the safeTy, health, comfort and repose of inembers of the public and
30 that its operations repeatedly disturb the peace and comfort of the public and of the
31 neighborhood; and
32
33
34
35
36
37
38
WHEREAS, pursuant to Administrative Code Chapter 91.03(d), the City Council has
determined that it is appropriate to refer this matter to the Office of the City Attorney for review
for sufficiency to file criminal charges or to commence a civil action; and
WI3EREAS, the Council understands that a review of sufficiency at this stage of any
proceedings regarding the operarions of Gopher State Ethanol will be a review of whether there
ofl-�bq
exist sufficient grounds to merit the prepazation of a formallegal action calculated to address the �
problems associated with the operations of Gopher Staxe Ethanol;
4 NOW, THEREFORE, THE CITY COLTNCIL DOES HEREBY RESOLVE that the City
5 Attorney shall review the matter of the operations of the Gopher State Ethanol plant and the
6 effect of those operations for whether there exist sufficient grounds to merit the prepazation of a
7 legal action calculated to address the problems associated with the operations of the plant. The
8 City Attorney shall give an interim report to the Council on November 22, 2000 as to the status
9 of its review of the matter.
Requested by Department of:
By:
Form Approved by ity Attorney
By:
Adoption Certified by Council 5ecretary Approved by Mayor for Submission to Council
By: " �--- Hy:
Approved by Mayor: Date
By:
Adopted by Council: Daee �� _ FC a-r��a
� ��.._
�b��b�l
,�
Citv Council
Councilmember Coleman 266-8620
Nov. 8, 2000 (Suspension Item)
ii/a/oo
TOTAL # OF SIfiNATURE PAQES
GREEN 3HEET
wriuTr[Nr duero�
No 10�9�0
��«.�
FOM ❑ MYATfONYY � CRVCLiRK _
� nuHeua aarvcw an. ❑ rwexw. tenvi�cmo
�MAY4RIOIIiYN/TM1TI���,.�� ❑
(CLIP ALl 40CATIONS FOR SIGNATURE)
iun rteuucaicv
Requesting the City AtCorney to review the matter of the operations of the Gopher State
Ethanol Plant and the effect of those operations as to whether there exists sufficient
grounds to merit preparation of legal action and report to the City Council on November 22,
2000, as to the status of its review.
PLANNINO COMMISSION
CI9 COMMITI'EE
CIVIL SERVICE COM�y11S810N
IF
0
Hae thie pereoNfi�m e�ervrorked under a coM/ect ta this depaAment'7
YES NO
Mes ihis PereonMrm wx heen e aXy emGbYee9
YE3 NO
Does thk peiaoNfrm poaaees a eM�l not namqllypoeaessetl Dy any current cRy employee?
YE8 NO
tslhls peraoMlfrm aterpelodvendorl
YE& N�
TRANSACTION
SQURCB
CO3TIREV6NV6 BUDQETED (CIRCL4 ONE)
ACTNITY NUMBER
Y@S NO
CouncilFile# GO—Ib�
Green Sheet # � � S Q�C
Presented By
RESOLUTION
SAINT PAUL, M
�� �
Refened To Committee: Date
1
2 WI3EREAS, in late Apri12000 Gopher State Ethanol commenced the production of
3 ethanol on the premises of the former Schxnidt Brewery located in the City's West Seventh
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
neighborhood; and
WHEREAS, shortly after the commencement of ethanol production by Gopher State, the
City began to receive complaints concerning odarous emissions, noise and health problems
purportedly generated by the producfion of ethanol; and
WHEREAS, neighborhood residents submitted a petition pursuant to Administrative
Code Chapter 91 for the purpose of requesting a public hearing regarding the Gopher State
Ethanol plant which the petitioners alleged was a public nuisance; and
WHEREAS, on October 18, 2000 the Council of the City of Saint Paul conducted a
public hearing on the matter for the puxpose of taking oral and written evidence concerning the
allegations of the citizenry against Gopher State Ethanol. At this public hearing testimony was
taken from members of the publia ln addifion, testimony was taken from representatives of
Gopher State Ethanol as well as various public officials with knowledge of efforts made to
correct the perceived problems generated by the Plant. At the close of the public hearing, the
Council kept the record open and continued accepting written submissions from the public, from
Gopher State Ethanol and a11 others wishing to make their voices heard, untii the close of
business on October 27, 2000; and
WIIEREAS, the Council of the City of Saint Paul has received and considered the oral
and written comments regarding the allegations concerning the unpact of the Plant's operations
upon the citizenry of Saint Paul; and
WHEREAS, the evidence presented suggests that Gopher State Ethanol unreasonably
29 annoys, injures or endangers the safeTy, health, comfort and repose of inembers of the public and
30 that its operations repeatedly disturb the peace and comfort of the public and of the
31 neighborhood; and
32
33
34
35
36
37
38
WHEREAS, pursuant to Administrative Code Chapter 91.03(d), the City Council has
determined that it is appropriate to refer this matter to the Office of the City Attorney for review
for sufficiency to file criminal charges or to commence a civil action; and
WI3EREAS, the Council understands that a review of sufficiency at this stage of any
proceedings regarding the operarions of Gopher State Ethanol will be a review of whether there
ofl-�bq
exist sufficient grounds to merit the prepazation of a formallegal action calculated to address the �
problems associated with the operations of Gopher Staxe Ethanol;
4 NOW, THEREFORE, THE CITY COLTNCIL DOES HEREBY RESOLVE that the City
5 Attorney shall review the matter of the operations of the Gopher State Ethanol plant and the
6 effect of those operations for whether there exist sufficient grounds to merit the prepazation of a
7 legal action calculated to address the problems associated with the operations of the plant. The
8 City Attorney shall give an interim report to the Council on November 22, 2000 as to the status
9 of its review of the matter.
Requested by Department of:
By:
Form Approved by ity Attorney
By:
Adoption Certified by Council 5ecretary Approved by Mayor for Submission to Council
BY: "��— a- Y—� ��'—_ $y:
Approved by Mayo` Date /9�
By:
Adopted by Council: Daee �� _��pp a
�b��b�l
,�
Citv Council
Councilmember Coleman 266-8620
Nov. 8, 2000 (Suspension Item)
ii/a/oo
TOTAL # OF SIfiNATURE PAQES
GREEN 3HEET
wriuTr[Nr duero�
No 10�9�0
��«.�
FOM ❑ MYATfONYY � CRVCLiRK _
� nuHeua aarvcw an. ❑ rwexw. tenvi�cmo
�MAY4RIOIIiYN/TM1TI���,.�� ❑
(CLIP ALl 40CATIONS FOR SIGNATURE)
iun rteuucaicv
Requesting the City AtCorney to review the matter of the operations of the Gopher State
Ethanol Plant and the effect of those operations as to whether there exists sufficient
grounds to merit preparation of legal action and report to the City Council on November 22,
2000, as to the status of its review.
PLANNINO COMMISSION
CI9 COMMITI'EE
CIVIL SERVICE COM�y11S810N
IF
0
Hae thie pereoNfi�m e�ervrorked under a coM/ect ta this depaAment'7
YES NO
Mes ihis PereonMrm wx heen e aXy emGbYee9
YE3 NO
Does thk peiaoNfrm poaaees a eM�l not namqllypoeaessetl Dy any current cRy employee?
YE8 NO
tslhls peraoMlfrm aterpelodvendorl
YE& N�
TRANSACTION
SQURCB
CO3TIREV6NV6 BUDQETED (CIRCL4 ONE)
ACTNITY NUMBER
Y@S NO