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01-948Council File # O \ � R�4' Green Sheet # 1 t 6 3 8' } PAITL, Presented By Referred To WHEREAS, the City of Saint Paul has served and filed a complaint in the Ramsey County District Court, Court File No. CS-01-5074, against Gopher State Ethanol LLC, MBC Holding Company and MG-0O2 St. Paul LLC (hereinafter "Defendants") alleging that those businesses aze engaging in public nuisance activities in violation of city ordinances and state law; and WHEREAS, the City of Saint Paul through the City Attorney's Office has been engaged in discussions with the Defendants regarding terms for the settlement of that litigation, subject to the approval of the Mayor and City Council; and WHEREAS, as a result of those discussions, on August 22, 2001, the City Attorney's Office presented a preliminary settlement proposal to the Mayor Office and the City Council for their review and comment regarding any additional terms which they may deem to be necessary for any settlement on that litigation; and WHEREAS, following that presentation by the City Attorney's Office, the Ciry Council directed the City Attorney's Office to state in resolution form those additional terms which it deemed to be mandatory in any settlement with the Defendants in the above litigation; RESOLVED, that the City Council finds that the following non-exclusive conditions must be agreed to by the Defendants before any settlement of the above litigation will be approved by the City Council: 1) That the Defendants must stipulate in the settlement agreement to the fact that their past noise and odor q �� emissions have constituted a public nuisance as defined in city ordinances and state law; �� • 2) That the settlement agreement must state with specificity the date(s) upon which each Defendant will complete its noise and odor remediation, following which full compliance with city ordinances and state law for such emissions will be attained; 3) That the Defendants agree that by October 15, 2001, they will agree to specific criteria (hereinafter "criteria for success") which wiil establish that they have successfully abated all of their noise and/or odor emissions which constitute a public nuisances under city ordinances or state law; 4) That if the activities of Defendants Gopher State Ethanol LLP or MG-0O2 LLC continues to violate city ordinances or state law, or fails to meet the agreed-upon criteria for success regarding noise or odor emissions after the deadline date for compliance, that such Defendants must agree to cease its offending operations until the noise and/or odor emissions are brought within the legal limits; 5) That the Aefendants must withdraw their pending variance applications with the Minnesota Poliution Control Agency; 6) That Defendants must individually agree to the payment of a fine to the City of St. Paul (in addition to the previously agreed-upon performance bond), with the amount to be determined, for their civil violations of the city's public nuisance ordinances from the date of this resolution, provided that such fine(s) shall not be payable to the city unless the deadlines as stated in this resolution are not met; and 7) That the Defendants must agree to fully cooperate with the Minnesota Department of Health in its assessment of any health issues and the identification of all emissions arising from the operation of their facilities. Requested by Department of: By: Form Appr C ty Attorney By: � Approved by Mayor for Submis5ion to CounCil BY � \ \ �-�i. � Approved by Mayor: Date � By: � Adopted by Council: Date -�l. c lO p� Adoption Certified by Council Secretary o�-9w' DEPARTMENT/OFFlCFICOUNCIL , � OnTE WfMTED � � . . , Dan Bostrom's Office 5 Se tember 200 GREEN SHEET NO 110382 CONiACT PEf2SON & PHONE InXb110#e InMIYIDats Scott Renstrom 266-8661 oerxm�nn.�nm� arrcw�n MUST BE ON COUNCIL AGEN�A BV (DA7E} ARSIGN �� NUMBF1iFOR ❑GIY�STGRlEY QIYq.FRK RWTING ORDER ❑wlAllCia�aEAV�eFSOYL R11111q�LaFRV/�GCTC ❑ WVbRl�Il4A4lA�ll) ❑ TOTAL # OF SIGNATURE PAGES (CL.IP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTm Adopt mandatory settlement terms with Gopher State Ethanol for pending lawsuit. RE OMMENDATION Approve (A) or Reject (R) VEWSONALSERVICE CONiRAC75 MIIST ANSWER THE FOLLOWING QUESiIONS: 1. Has this persoNfimi everwrorked under a contract for this tlepa�tment? PLANNING COMMISSION VES NO CIB COMMITTEE 2. Has this person/firm ever been a ciry empbyre7 CIVILSERVICECOMMISSION YES NO 3. Dces tlire pe�sonlfimi possess a ski{t � no�maNypossesseE by arcy curtent city employee? YES NO 4. Is this persoMrm a targeted vendoY7 VES NO F��lain all yes answers m separate sheet and attach to Bree� sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (Who, Whffi, When, Where, Why) . Bad odor, lots of noise. ADVAMAGES IF APPROVED Reduction in pollutants and noise in neighborhood. DISADVANTAGESIFAPPROVED DISADVAMAGES IF NOT APPROVED TOTAL AMOUNT OF TRANSACTION S COSTIREVEt1UE BUDGETEO SpRCLE OH� YES NO FUNDING SOURCE ACTNITY NUMBER FlNANCIAL INFORMATION (IXPWN) Council File # O \ � R�4' Green Sheet # 1 t 6 3 8' } PAITL, Presented By Referred To WHEREAS, the City of Saint Paul has served and filed a complaint in the Ramsey County District Court, Court File No. CS-01-5074, against Gopher State Ethanol LLC, MBC Holding Company and MG-0O2 St. Paul LLC (hereinafter "Defendants") alleging that those businesses aze engaging in public nuisance activities in violation of city ordinances and state law; and WHEREAS, the City of Saint Paul through the City Attorney's Office has been engaged in discussions with the Defendants regarding terms for the settlement of that litigation, subject to the approval of the Mayor and City Council; and WHEREAS, as a result of those discussions, on August 22, 2001, the City Attorney's Office presented a preliminary settlement proposal to the Mayor Office and the City Council for their review and comment regarding any additional terms which they may deem to be necessary for any settlement on that litigation; and WHEREAS, following that presentation by the City Attorney's Office, the Ciry Council directed the City Attorney's Office to state in resolution form those additional terms which it deemed to be mandatory in any settlement with the Defendants in the above litigation; RESOLVED, that the City Council finds that the following non-exclusive conditions must be agreed to by the Defendants before any settlement of the above litigation will be approved by the City Council: 1) That the Defendants must stipulate in the settlement agreement to the fact that their past noise and odor q �� emissions have constituted a public nuisance as defined in city ordinances and state law; �� • 2) That the settlement agreement must state with specificity the date(s) upon which each Defendant will complete its noise and odor remediation, following which full compliance with city ordinances and state law for such emissions will be attained; 3) That the Defendants agree that by October 15, 2001, they will agree to specific criteria (hereinafter "criteria for success") which wiil establish that they have successfully abated all of their noise and/or odor emissions which constitute a public nuisances under city ordinances or state law; 4) That if the activities of Defendants Gopher State Ethanol LLP or MG-0O2 LLC continues to violate city ordinances or state law, or fails to meet the agreed-upon criteria for success regarding noise or odor emissions after the deadline date for compliance, that such Defendants must agree to cease its offending operations until the noise and/or odor emissions are brought within the legal limits; 5) That the Aefendants must withdraw their pending variance applications with the Minnesota Poliution Control Agency; 6) That Defendants must individually agree to the payment of a fine to the City of St. Paul (in addition to the previously agreed-upon performance bond), with the amount to be determined, for their civil violations of the city's public nuisance ordinances from the date of this resolution, provided that such fine(s) shall not be payable to the city unless the deadlines as stated in this resolution are not met; and 7) That the Defendants must agree to fully cooperate with the Minnesota Department of Health in its assessment of any health issues and the identification of all emissions arising from the operation of their facilities. Requested by Department of: By: Form Appr C ty Attorney By: � Approved by Mayor for Submis5ion to CounCil BY � \ \ �-�i. � Approved by Mayor: Date � By: � Adopted by Council: Date -�l. c lO p� Adoption Certified by Council Secretary o�-9w' DEPARTMENT/OFFlCFICOUNCIL , � OnTE WfMTED � � . . , Dan Bostrom's Office 5 Se tember 200 GREEN SHEET NO 110382 CONiACT PEf2SON & PHONE InXb110#e InMIYIDats Scott Renstrom 266-8661 oerxm�nn.�nm� arrcw�n MUST BE ON COUNCIL AGEN�A BV (DA7E} ARSIGN �� NUMBF1iFOR ❑GIY�STGRlEY QIYq.FRK RWTING ORDER ❑wlAllCia�aEAV�eFSOYL R11111q�LaFRV/�GCTC ❑ WVbRl�Il4A4lA�ll) ❑ TOTAL # OF SIGNATURE PAGES (CL.IP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTm Adopt mandatory settlement terms with Gopher State Ethanol for pending lawsuit. RE OMMENDATION Approve (A) or Reject (R) VEWSONALSERVICE CONiRAC75 MIIST ANSWER THE FOLLOWING QUESiIONS: 1. Has this persoNfimi everwrorked under a contract for this tlepa�tment? PLANNING COMMISSION VES NO CIB COMMITTEE 2. Has this person/firm ever been a ciry empbyre7 CIVILSERVICECOMMISSION YES NO 3. Dces tlire pe�sonlfimi possess a ski{t � no�maNypossesseE by arcy curtent city employee? YES NO 4. Is this persoMrm a targeted vendoY7 VES NO F��lain all yes answers m separate sheet and attach to Bree� sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (Who, Whffi, When, Where, Why) . Bad odor, lots of noise. ADVAMAGES IF APPROVED Reduction in pollutants and noise in neighborhood. DISADVANTAGESIFAPPROVED DISADVAMAGES IF NOT APPROVED TOTAL AMOUNT OF TRANSACTION S COSTIREVEt1UE BUDGETEO SpRCLE OH� YES NO FUNDING SOURCE ACTNITY NUMBER FlNANCIAL INFORMATION (IXPWN) Council File # O \ � R�4' Green Sheet # 1 t 6 3 8' } PAITL, Presented By Referred To WHEREAS, the City of Saint Paul has served and filed a complaint in the Ramsey County District Court, Court File No. CS-01-5074, against Gopher State Ethanol LLC, MBC Holding Company and MG-0O2 St. Paul LLC (hereinafter "Defendants") alleging that those businesses aze engaging in public nuisance activities in violation of city ordinances and state law; and WHEREAS, the City of Saint Paul through the City Attorney's Office has been engaged in discussions with the Defendants regarding terms for the settlement of that litigation, subject to the approval of the Mayor and City Council; and WHEREAS, as a result of those discussions, on August 22, 2001, the City Attorney's Office presented a preliminary settlement proposal to the Mayor Office and the City Council for their review and comment regarding any additional terms which they may deem to be necessary for any settlement on that litigation; and WHEREAS, following that presentation by the City Attorney's Office, the Ciry Council directed the City Attorney's Office to state in resolution form those additional terms which it deemed to be mandatory in any settlement with the Defendants in the above litigation; RESOLVED, that the City Council finds that the following non-exclusive conditions must be agreed to by the Defendants before any settlement of the above litigation will be approved by the City Council: 1) That the Defendants must stipulate in the settlement agreement to the fact that their past noise and odor q �� emissions have constituted a public nuisance as defined in city ordinances and state law; �� • 2) That the settlement agreement must state with specificity the date(s) upon which each Defendant will complete its noise and odor remediation, following which full compliance with city ordinances and state law for such emissions will be attained; 3) That the Defendants agree that by October 15, 2001, they will agree to specific criteria (hereinafter "criteria for success") which wiil establish that they have successfully abated all of their noise and/or odor emissions which constitute a public nuisances under city ordinances or state law; 4) That if the activities of Defendants Gopher State Ethanol LLP or MG-0O2 LLC continues to violate city ordinances or state law, or fails to meet the agreed-upon criteria for success regarding noise or odor emissions after the deadline date for compliance, that such Defendants must agree to cease its offending operations until the noise and/or odor emissions are brought within the legal limits; 5) That the Aefendants must withdraw their pending variance applications with the Minnesota Poliution Control Agency; 6) That Defendants must individually agree to the payment of a fine to the City of St. Paul (in addition to the previously agreed-upon performance bond), with the amount to be determined, for their civil violations of the city's public nuisance ordinances from the date of this resolution, provided that such fine(s) shall not be payable to the city unless the deadlines as stated in this resolution are not met; and 7) That the Defendants must agree to fully cooperate with the Minnesota Department of Health in its assessment of any health issues and the identification of all emissions arising from the operation of their facilities. Requested by Department of: By: Form Appr C ty Attorney By: � Approved by Mayor for Submis5ion to CounCil BY � \ \ �-�i. � Approved by Mayor: Date � By: � Adopted by Council: Date -�l. c lO p� Adoption Certified by Council Secretary o�-9w' DEPARTMENT/OFFlCFICOUNCIL , � OnTE WfMTED � � . . , Dan Bostrom's Office 5 Se tember 200 GREEN SHEET NO 110382 CONiACT PEf2SON & PHONE InXb110#e InMIYIDats Scott Renstrom 266-8661 oerxm�nn.�nm� arrcw�n MUST BE ON COUNCIL AGEN�A BV (DA7E} ARSIGN �� NUMBF1iFOR ❑GIY�STGRlEY QIYq.FRK RWTING ORDER ❑wlAllCia�aEAV�eFSOYL R11111q�LaFRV/�GCTC ❑ WVbRl�Il4A4lA�ll) ❑ TOTAL # OF SIGNATURE PAGES (CL.IP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTm Adopt mandatory settlement terms with Gopher State Ethanol for pending lawsuit. RE OMMENDATION Approve (A) or Reject (R) VEWSONALSERVICE CONiRAC75 MIIST ANSWER THE FOLLOWING QUESiIONS: 1. Has this persoNfimi everwrorked under a contract for this tlepa�tment? PLANNING COMMISSION VES NO CIB COMMITTEE 2. Has this person/firm ever been a ciry empbyre7 CIVILSERVICECOMMISSION YES NO 3. Dces tlire pe�sonlfimi possess a ski{t � no�maNypossesseE by arcy curtent city employee? YES NO 4. Is this persoMrm a targeted vendoY7 VES NO F��lain all yes answers m separate sheet and attach to Bree� sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (Who, Whffi, When, Where, Why) . Bad odor, lots of noise. ADVAMAGES IF APPROVED Reduction in pollutants and noise in neighborhood. DISADVANTAGESIFAPPROVED DISADVAMAGES IF NOT APPROVED TOTAL AMOUNT OF TRANSACTION S COSTIREVEt1UE BUDGETEO SpRCLE OH� YES NO FUNDING SOURCE ACTNITY NUMBER FlNANCIAL INFORMATION (IXPWN)