Title
Finding the Petition for a referendum of Ord 18-39 is legally sufficient but that the subject matter is not appropriate to submit to the electorate.
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, a petition seeking a referendum to repeal Ord. 18-39 which created Chapter 220 of the Saint Paul Legislative Code in order to regulate coordinated collection of certain residential trash In Saint Paul, was filed with the Office of the City Clerk on October 16, 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 6,469 signatures, and that 5,541 of those comply with the Charter’s requirements; and
WHEREAS, Minnesota Statute § 443.28, part of the Rubbish Removal chapter of Minnesota Statutes, requires a City to adopt rates for rubbish removal by ordinance; and
WHEREAS, Minnesota Statute § 115A.94 authorizes a city to organize collection as a municipal service by various methods including by negotiated or bidded contract, and creates a required procedure a city must follow to organize collection of trash; and
...
Click here for full text