Title
Authorizing proper City Officials to execute an Addendum to the Residential Solid Waste, Yard Waste, and Bulky Waste Agreement between the City of Saint Paul and Saint Paul Haulers.
Body
WHEREAS, on November 14, 2017, the City and the St. Paul Haulers, LLC., (“Consortium”) entered into a Residential Solid Waste, Yard Waste and Bulky Waste Agreement (“Agreement”); and
WHEREAS, on September 5, 2018, the City, pursuant to the Agreement, adopted Ordinance 18-39 which created Leg. Code Chapter 220 which is entitled “Residential Coordinated Collection” and contains various regulations for collecting residential solid waste including setting base fees for trash collection services, establishing a process for paying trash collection services, and collecting delinquent accounts; and
WHEREAS, on October 16, 2018, the City received a petition for a referendum to repeal Ord. 18-39; and
WHEREAS, the City Council, in Resolution 19-1922, determined that the referendum could not be placed on the ballot because it was preempted by State law and would unconstitutionally interfere with the Agreement; and
WHEREAS, on February 7, 2019, the matter of Clark v. City of Saint Paul, District Court File No. 62-CV-19-857, which challenged the City’s decision to not place Ord. 18-39 on the ballot, was filed in Ramsey County District Court; and
WHEREAS, Ramsey County District Court Judge Leonardo Castro, in an Order dated May 30, 2019, ordered the City to place Ord. 18-39 on the November 5, 2019 General Election ballot; and
WHEREAS, Judge Castro’s Order also suspended Ord. 18-39 effective as of June 30, 2019, pending the November 5, 2019 General Election; and
WHEREAS, because Minn. Stat. § 443.30 requires trash collection rates to be adopted by ordinance, the effect of Judge Castro’s Order suspending Ord. 18-39 is that the Consortium will no longer have the legal authority to issue bills for residential trash collection services and the City will no longer have the legal author...
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