03-846Council File # �
Green Sheet #�O�a``"���/
Presented
Referred To
Committee Date
Resolution Approving the Sfipulation and Order Recommended by the City Attoruey
Related to Litigafion Against Gopher State Ethanol, LLC
3 WHEREAS, The City of Saint Paul and a group of Saint Paul citizens (collectively, "Intervenors") filed suit against
4 Gopher State Ethanol, LLC ("GSE") seeking both a declaration that GSE operations constitute a public nuisance and
5 remediation of odorous air emissions that have plagued the West Seventh Street communiTy for more than three years;
6 and
7 WHEREAS, a second public nuisance lawsuit commenced by the City of Saint Paul against GSE proceeded to trial in
8 Ramsey County District Court in May 2003; and
9 WHEREAS, following the trial, the parties, including the Intervenors, entered into negotiations in an effort to achieve
10 agreement on the remediation of the odarous air emissions as well as agreement on community odor standards; and
11 WI3EREA5, the City Attomey has presented and recommended the attached Stipulation and Order detailing the
12 substance of the agreement negotiated among the parties; and
13 WfIEREAS, the Intervenors have indicated their support far the proposed Stipulation and Order; and
14 WIIEREAS, a community meeting was held subsequent to the proposed agreement being made public at which general
15 support was expressed;
16 NOW, THEREFORE, BE IT RESOLVED that the CiTy Council of the City of Saint Paul approves the proposed
17 Stipulation and Order subject to the removal of Section 8 related to complainant information.
Yeas Na s Absent
Benanav ,/
Blakey �
Bostrom ,/
Coleman ,
Hanis �
Lantry ,/
Reiter �
Adopted by Council: Date %—cr`''� �,3
Adoption Certified by Cou�cil Secretary
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App�
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NT �IA�C/✓MINNESOTA
Requested by Departrnent of;
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Form Approved by City Attomey
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Approved by Mayor for Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�eaartmerrt/oifiedcounciC oate mivated:
co -��� 25SEP-0;i Green Sheet NO: 3005754
Co�G Persm 8 Phone: DeoartrnerR SeM To Person InitiallDate
Councilrt�ember Coleman � 0 o dl
Assign 1 omcl
Must Be on Counal A9enda bY (Date�: Number 2 - Clerk
Por
Routing 3
Order 4
5
Total # of Signature Pages _(Clip All Loeatio� for Signature)
Action Requested:
Approving the Sripulation and Order recommended by the City Attomey related to lifigarion against Gopher State Ethanol, LLC.
Recommendations: Approve (A) or Reject (R): Personal Service Contraets Must Answer the Foliowing Questions:
Planning Commission 1. Has this person/firtn ever worlcetl u�der a coMract for fhis departmeM?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirtn ever been a ctity empbyee?
Yes No
3. Dces this persoNfirm possess a skill nM normaly possessed by any
curreM ciry employee?
Y¢s No
Explain all yes answers on separate sheet and attach to green sheet
IniUating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvarHages IF Approved:
DisadvaMag� M Approved:
DisadvarMages If Not Approved: �
Total Amount of
Trensaction: ��Revenue Budgeted:
Funding Source: Activiry Number:
Financial Information:
(E�lain)