The Minnesota Supreme Court has ordered the city of St. Paul to allow a question on organized trash collection to be put on the Nov. 5 ballot.
The expedited decision sheds no light on what may happen if voters approve or reject the city ordinance behind organized trash hauling, which St. Paul launched on Oct. 1 with a group of private haulers.
The St. Paul City Council is scheduled to meet Friday to finalize potential ballot language — which is due to Ramsey County Elections on the same day. Meanwhile, St. Paul Mayor Melvin Carter is scheduled to deliver public remarks to the media at 2 p.m. Friday.
“We respect the decision from the Supreme Court and appreciate their clarity on how to proceed,” said Carter, in a statement on Thursday. “The city will continue to ensure that garbage service continues uninterrupted, as we prepare for a referendum this fall.”
Instead of discussing potential outcomes, the state’s highest court simply affirmed a lower court ruling from Ramsey County District Court Judge Leonardo Castro, issued May 30, that found the city erred in rejecting a petition from critics of St. Paul’s new system of organized trash collection.
The city had previously appealed Castro’s order, noting city officials entered into a binding contract with a consortium of 11 haulers several months before the city council passed Ordinance 18-39, which effectively makes the system official on city rule books.
During oral arguments before the Supreme Court on Tuesday, the seven justices questioned whether a vote against Ordinance 18-39 would eliminate trash collection entirely, leaving the city out of compliance with state statutes.
Castro’s order indicated that would not necessarily be the case.
NO DIRECT BILLING, HIGHER TAXES?
The mayor’s office has said that, if necessary, the city will continue to abide by the terms of its five-year contract while pulling from city reserves and the taxpayer-supported general fund to pay the six trash haulers that remain licensed within the city.
During the past two years, several companies have closed their doors or sold off their routes.
In the two-page order issued Thursday, the Supreme Court justices said they will elaborate upon their reasoning at a later date, but they wanted to get an expedited decision out so as to meet Friday’s deadline for preparing ballot language.
Banding together under the title St. Paul Trash, landlords and homeowners critical of the five-year contract sued the city in February, noting that the city charter allows petitioners who collect enough valid signatures to bring referendum questions to ballot.
The city council rejected a petition with 6,000 signatures in November of 2018, saying it was effectively overruled by state statutes and the binding contract.
On Thursday, members of St. Paul Trash declared victory under the charter.
“No matter what side you’re on, today is a very good day — the process worked,” said Alisa Lein, whose family owns 140 apartments between 12 St. Paul properties. “You get to have a voice.”
LIGHT BALLOT
City Attorney Lyndsey Olson said the ballot language is already being prepared.
“We appreciate the swift action of the court in providing today’s ruling,” said Olson, in a statement. “We have already taken the necessary steps to ensure we can comply with the court’s order.”
Otherwise, the Nov. 5 ballot will be relatively light.
Four school board seats will be on the ballot, and voters will be asked to pick a city council candidate. In all, 28 candidates have filed for city council races, averaging four per ward.
Given generally declining participation in local elections over the past decades, the city faces the possibility of having the future of organized trash collection decided by a relatively slim percentage of taxpayers.
In 2015, voters cast between 1,600 and 5,700 ballots in each ward race.