Title
Adopting the report of Ramsey County Elections finding that the petition for a referendum on Ord18-40 is sufficient.
Body
WHEREAS, Saint Paul City Charter Section 8.01 states that “[t]he people shall have the right to … require ordinances to be submitted to a vote … by a process known as … referendum”; and
WHEREAS, on August 8, 2018, the Council adopted Ord. 18-40 which was signed by Mayor Carter on August 9, 2018 and published on August 13, 2018; and
WHEREAS, a petition seeking a referendum to repeal Ord. 18-40, amending Chapter 357 of the Legislative Code to regulate coordinated collection was filed with the Office of the City Clerk on September 27, 2018 (the “Petition”); and
WHEREAS, City Charter Chapter 8 requires a petition for referendum to be signed by registered voters equal in number to eight (8) percent of those who voted for the office of mayor in the last preceding city election; and
WHEREAS, the last preceding city election was held November 7, 2017; and
WHEREAS, according to the Ramsey County Elections Manager, there were 61,646 first choice votes cast for Mayor in the 2017 election, meaning that the required number of signatures for the Petition is 4,932; and
WHEREAS, the Ramsey County Elections Manager, who supervises elections on behalf of the City, has reported to the Council that Petition signatures have been checked for compliance with the requirements of Chapter 8 of the Saint Paul City Charter; and
WHEREAS, the Ramsey County Elections Manager reports that the Petition contains 5,919 signatures, and that 5,071 of those comply with the Charter’s requirements; and
WHEREAS, Saint Paul Legislative Code Chapter 357 is the Solid Waste Chapter of the City’s licensing code; and
WHEREAS, Ord. 18-40 amended Leg. Code Chapter 357 by doing the following:
• Adding the term “Authorized Coordinated Collection Program” as a program for the collection and processing of mixed municipal solid waste, yard waste and other items included by the City for residential properties that consist of one, two, three or four dwelling units which is instituted, sponsored authorized or controlled by the City of Saint Paul.
• Exempting haulers who participate in an authorized coordinated collection program from submitting documentation on amounts of materials collected each year.
• Exempting haulers who participate in an authorized coordinated collection program from submitting a schedule of advertised charges.
• Changing the maximum capacity for solid waste containers from thirty-two (32) to ninety-eight (98) gallons.
• Clarifying where yard waste can be stored.
• Allowing properties on an extended leave to temporarily discontinue service if they are served by a an authorized coordinated collection program.
• Changing the date for the start of yard waste collection from April 1 to April 15.
• Clarifying terms related to composting.
• Removing redundant language.
• Allowing enforcement of the chapter to be either by the department of public works or the department of safety and inspections.
• Removing obsolete date references; and
WHEREAS, upon advice of the City Attorney, there are no legal deficiencies with the petition; now, therefore, be it
RESOLVED, that the City Council hereby adopts the report of the Ramsey County Elections Manager and finds that the Petition for a referendum on Ordinance 18-40 is sufficient to satisfy the minimum signature requirements under City Charter Chapter 8; and be it
FURTHER RESOLVED that the Council requests that City Attorney prepare an ordinance for the Council to repeal Ordinance 18-40.