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02-249' �! ; ! ('_ 9 P� p F+� ! �.�,�t�:a —:� Presented Referred To � ; a- RESOLUTION OF SAINT PAUL, MI Council File # ���q Green Sheet # ��p (p a� 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. 1 1 2 , � 4 . O a. - a-`i.°l 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. -. :"� � P'O { i� A _i� � � a'� ' — a , , ? �,.� 5 ��.a �.`+..... Requested by Depazhnent of: Benanav Blakey Bostrom Coleman Harris Lantry Reiter � Form Approved by City Attorney � Adopted by Councit: D te Adoption Certified by oum By: Approved by Mayor: Date By: Secretar}+ Approved by Mayar for Submission to Council � � � S DAiE41f11ATm 2� TOTAL � OF SIGAIATURE PAGES O'3.-�-�1 ti1 GREEN SHEET Na l'��7�� �...,�,.��.� �� ❑ QlYAiTMIEY ❑ CIRCLFRK �.u.xcr��mxcFSOin. �nuucu�smvucnc ❑ wY0R10MAfE0TNln ❑ (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