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Presented
Referred To
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RESOLUTION
OF SAINT PAUL, MI
Council File # ���q
Green Sheet # ��p (p
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1 WI-IEREAS the City of St. Paul commenced civil and criminal enforcement actions
2 nuisance created by the odor and noise emissions of the Gopher State Ethanol and D
3 WHEREAS the City has settled its enforcement actions without prejudice
4 again); and
Date
to remedy the public
operations; and
the actions may be brought
5 WHEREAS the City settlement terxns addressing noise aze only effective i ere is continous and meaningful noise
6 monitoring and enforcement action by the City; and
7 WI3EREAS the City settlement terms leave unresolved issues of o r elimination ; and
8 WHEREAS the City is still receiving reports of odor and noise c plaints by cifizens suggesting that issues remain
9 and tyat fiudier enforcement may become necessary; and
10 WHEREAS the citizen intervenors in the City's civil acf n are negofiating further terms to address some of the
11 unresolved nuisance issues; and
12 WIIEREAS resolution ofthe issues require technic assistance and the citizen intervenors have been unable to pay
13 for the level of expert advice obtained by the City and the defendants; and
14 WHEREAS it is in the City's interest to �n the voluntary resolution of those unresolved issues in order to
15 improve the quality of life for its citizens and o avoid the need for fiu'ther civil or criminal enforcement actions and
16 expense; therefore, be it
17 RESOLVED that:
18 1.The City Attorney is authorized d directed to to j oin any settlement agreement with the citizen intervenors and
19 GSE and MGCO2 and to make y reasonable commitments on behalf of the city which further the cause of
20 reducing the public nuisance, s ecifically including to fiunish a commihnent on behalf of the City far random,
21 unannounced nightime noise onitoring by LIEP for at least one yeaz, to occur at least twice a month, and with at
22 least one of those monthly t ts being conducted between the hours of midnight and 3 am.
23 2. The City Attorney is d' ected to take vigorous action to enforce the City settlement in all respects, including by
24 pursuuig court sanctio and/or injunctions for any violation of the noise standards agreed to and ordered by the
25 court as a consequen of the City's settlement.
26 3. The City will ovide up to $10,000 to fund the use of experts selected by the cirizen intervenors as part of an
27 expert azbitrati procedure used in any settlement between the citzen intervenors and GSE and MGCO2 to address
28 remaining odor mitigation needs.
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4. The Ciry Attomey shall permit the citizen intervenors, through their counsel, to consult with any experts that have
advised the City on noise and odor issues, including A1 Perez and Charles McGinley, so long as Yhey do so at their
own expense and agree in writing to Iimit their consultation to the expert`s analysis and findings and not to inquire
about the thoughts and mental impressions of the Ciry Attorney.
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Requested by Depazhnent of:
Benanav
Blakey
Bostrom
Coleman
Harris
Lantry
Reiter
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Form Approved by City Attorney
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Adopted by Councit: D te
Adoption Certified by oum
By:
Approved by Mayor: Date
By:
Secretar}+
Approved by Mayar for Submission to Council
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TOTAL � OF SIGAIATURE PAGES
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GREEN SHEET
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(CLIP ALL LOCATIONS FOR SIGNATURE)
Resolution giving various directives pertaining to unresoZved issues with the Gopher
State Ethanol and MGCO2 operations.
PL4NNING CAMMISSION
CIB COMMITI'EE
CIVIL SERVICE COMMI3SION
TRANSACTION
°Il.:i�:�Iif7
Has tlus peisoM�rtn evEf Woiketl utWer a contrnc[ iM this tlepartmeM?
vES nio
Vias mis PeisaJfirm e.er been a cilY �PbYee
YES NO
Does this Pe�sorUfirm P� a sW"N not normali�ryossessed M anY curteM cily emP�'eeT
YES NO
Is Urs personlfirm a tarpMed iren0a?
YE3 NO
COST/RtvENl1E BUDGETED ICIRCLE ONq
ACi1VINNUMBER
YES NO