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)