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03-228�f��oe�� w��r an1 � '��,3 �C-GJi'1S \�CYec� �. VCi� O v er� I`: c�e n3 0� (`.fi�(� I�vr� �9 2. 003 �� Presented bv 0 ESOTA Referred To caun��i F�ie # 03-aa8 Green Sheet # 40252 °�? Committee Date 1 Resolution Amending Council File 02-1127 to Add Support for Senate File No. 36 Relafing to 2 Ethanol Producer Payments and Opposition to House File No. 341 Removing Se%ual Orientation as a 3 Protected Class under the Human Rights Act 4 WHEREAS, the City Council of the City of Saint Paul, on December 4, 2002, adopted Council File #02-1127, 5 detailing its support for legislative initiatives brought forward by outside groups and organizations; and WHEREAS, the resolution acknowledged that legislative issues would continue to arise as the legislative 7 process progressed; and WHEREAS, Senate File 36, that would restrict State ethanol producer payments for facilities located within the corporate limit� of cities of the first class, was introduced on January 10, 2003; and 10 WHEREAS, the City of Saint Paul has first-hand knowledge of the negative environmental consequences 11 associated with ethanol production in a densely settled urban area; and 12 WHEREAS, House File No. 341 would repeal the protections afforded persons of all sexual orientations under 13 the Minnesota Human Rights Act and other statutes; and 14 WHEREAS, the City of Saint Paul and its City Council have a long tradition of supporting the civil and human 15 rights of a11 its residents; 16 NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Saint Paul hereby adds to the 17 previously listed Saint Paul City Support Items the following: 18 1. Support for Senate File No. 36, relating to ethanol; restricting ethanol producer payments for facilities 19 located in cities of the first class; amending Minnesota Statutes 2002, section 41A.09, by adding a 20 subdivision. 21 2. Opposition to House File No. 341, relating to human rights; removing sexual orientation as a protected 22 class under the Human Rights Act and in other statutory provisions. Qf�-.�.3s� Adopted by Council: Date �'�� a-� � 1 Adoption Certified by Council Secretary � By: �� IL��., �,_ Approved M or: Date g �2�.�t� OV err:�� e r� Adoption Certi by Council Secretary�� By. /'p't �--y . Approved by Mayor: ate By: � � C' � �� a � y r�� l `�', Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council" � a�0� Adopted by Council: Date /!/�q�S �?dd3 � 03 _ �a8' CTI'Y OF SAINT PAUL Randy C. KeL(y, Mayor March 14, 2003 Councii President Daniel Bostrom and Saint Paul City Councilmembers City Hall, Suite 310 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 Dear Council President Bostrom and Councilmembers: �� 2��3 Pursuant to City Charter Sections 6.08 and 6.09, I have vetoed Council File #03-228. The resolution addresses two subjects currently before the State Legislature: first, support for S.F. 36, which prohibits state subsidies for ethanol facilities located in a city of the first class; and second, opposition to H.F. 341, which would remove sexual orientation as a protected class under the state Human Rights Act. I deeply regret the Council's action to tie these two non-germane items together in a single resolution. Let no one misconstrue my position. I support the council's position on the second item, relating to protection under the State Human Rights Act from discriminarion based on sexual orientation. I abhor discrimination in any form. When I was a member of the State Senate, I voted for the legislation that included sexual orientation as a protected category in the state Human Rights Act. I oppose the legislation that was recently introduced to remove that protection. It is truly unfortunate that the Council, by linking the ethanol item with the Human Rights Act item, risks confusion at the Capitol about Saint Paul's conrinued, strong opposition to discrimination based on sexual orientation. Such confusion, whether intended ar otherwise, is a disservice to those who need the protection of our anri-discrimination laws. Regarding the ethanol item, I understand the deep concerns caused by the ethanol plant. There are legitimate legal and policy debates over the particular ethanol plant in Saint Paul. Our City Attomey's Office has pursued all legitimate avenues of legal redress on behalf of affected neighbors and neighborhoods. 390 Ciry Ha[1 Telephone: 651-266-85/0 IS West Keflogg Baulevard Facsimile: 651-266-8513 Saint PauG MN5�102 � �es�arch G�r.t�r 0 0 3 - �-z8' Saint Paul City Councilmembers March 14, 2003 Page Two The ethanol plan in Saint Paul, while disfavored by some, is a legal business. As a City, we are obligated to treat it the same as other business—and so should the State. While state taspayers are not compelled to subsidize ethanol, it may be arbitrary and unfair for the state to put a blanket prohibition on subsidies to urban ethanol facilities while continuing to allow subsidies to ethanol facilities in neighboring communities (some of which have comparable population density to cities of the first class) and in greater Minnesota. By combining issues in a resolution in this manner, the Council confixses the message to legislators and undermines the united front that we, as a City, should be presenting at the Capitol wherever possible. If the Council shares my desire to have actual political influence at the Capitol rather than to create confusion, I request that in the future the Council separate controversial lobby items so that it can be cleaz when the City is speaking with a single voice and clear when there is not a consensus. To do otherwise is to consign our City to irrelevance when we most need a persuasive voice at the table. Sincerely, C. � andy . Kelly Mayor 03 -33g' 4f1��? #FlCE/COUNqL DATE INITIATED City Council GREEN SHEE �NR�,�ATE CON7ACT PEq50N & PHONE O DEPARTMEM DIflECfOR � CIN COUNCIL Chris Coleman 651-266-8620 �IGN OqTYATfORNEY �CRYCLEFK MUSTBE ON CAUNCIL AGENDA BV (DATE) ROUTINC O BUDGEf DIRECfOR � FIN. & MGT. SERVICES DIR. 3/OS/03 OHDEN OMAYOR(ORASSISTANn O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS POR SIGNATURE) ACTION REQUESTED: Council to pass resolution amending Council File 02-1127 to add support for Senate File No. 36 relating to ethanol producer payments RECAMMENDA710N5: npprova (n) or Rejeet (R) pERSONAL SERVICE CONTRACTS MUST ANSWEFi TXE FOLLOWING QUESTIONS: _ PLANiJING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this personnrm ever worketl untler a contrac[ for Mis tlepartment? _ CIB COMMITfEE __ YES NO _ STAFF 2. Has this personfirm ever been a ciry employee? — YES NO _ oisifaici COURi _ 3. Does this personRirm possess a skill not normally possessetl by any current ciry employee? SUPPofiTS WNICH COUNCIL O&IECTIVE7 YES NO Explaln all yes answers on separeta sheet antl attaeh to green aheet INITIATiNG PROBLEM, ISSUE, OPPORTUNIN (Who. Whet, Whan, Where, Why): A�VANTAGESIFAPPROVEO: DISADVANTAGES IFAPPROVED: DISADVANTAGES IF NOTAPPROVEO� TOTAL AMOUNT OF TRANSACTION $ COST/FiEVENUE BUDGETEp (CIfiCLE ONE) YES NO FUNDIWG SOURCE ACTIVITY NUMBER FINANCIAL INFORFiATION. (EXPLAIN) Council File # 03 _ �►8.g' � Presented by Referred To � 1 Resolution 2 Council File 02-1127 to Add Support for Senate File No. 36 Relafing to Ethanol Producer Payments 3 WIIEREAS, the City Council of e City of Saint Paul, on December 4, 2002, adopted Council File #02-ll27, 4 detailing its support for legislative i� iatives brought forward by outside groups and organizations; and 5 WHEREAS, the resolution acknowledged`�hat legislative issues would continue to azise as tl�e legislative 6 process progressed; and 7 WHEREAS, Senate File 36, that would restrict St ethanol producer payments for facilities located within the 8 corporate limits of cities of the first class, was introd ed on January 10, 2003; and 9 WHEREAS, the City of Saint Paul has first-hand knowle e of the negative environmental consequences 10 associated with ethanol production in a densely settled urban ea; 11 NOW, THEREFORE, BE IT RESOLVED, that the City Council o the City of Saint Paul hereby adds to the 12 previously listed Saint Paul City Support Items the following: 13 1. Senate File No. 36, relating to ethanol; restricting ethanol produce ayments for facilities located in 14 cities of the first class; amending Minnesota Statutes 2002, section A.09, by adding a subdivision. Benanav Blakey Bosfrom Coleman Harris Lanhy Reiter Yeas � ✓ �— � ✓ Form Approved by City Attomey � Adopted by Council: Adoption CertJfied by By: --.L� Approved by Mayor: By: L�fION %�UL, MINNESOTA Green Sheet # y� .Z Committee Date Absent I Requested by Depamnent of: � !! ° Approved by Mayor for Submission to Council �