Clarification on Bus Fare "Public Hearing" Matter

I have several questions about procedure and process, which I am seeking clarification on. It seems to me that perhaps we can’t do what I understand is being proposed – namely vote on the bus fare on Tuesday.

Here’s the email we got from the clerk’s office this morning:

From: Peters, Tammy
Sent: Thursday, January 15, 2009 8:54:50 AM
To: ALL ALDERS
Subject: Notice of Appeal

Pursuant to MGO Section 3.14(4)(j), an appeal has been filed regarding the Transit and Parking Commission’s decision on file ID# 13187 and is being placed on the 1/20/09 Common Council agenda as a public hearing. Here is a copy of the appeal.

The appeal is available in this blog post.

Here’s the email I sent to Attorney May, the Mayor and his staff, Chuck Kamp, Clerk’s Office and All Alders.

Attorney May/Hogg –
I see that the appeal of the TPC decision is going to be placed as a public hearing agenda item. I have several questions regarding this matter and one regarding your memo you sent us on our possible options for action. My understanding is that the language below is what we are dealing with. If there are other ordinances that govern this issue, please let me know.

(j) Any decision of the Transit and Parking Commission may be appealed to the Common Council. Such appeal must specify the reason therefore and be filed with the Transit General Manager. The Transit General Manager shall transmit such appeal to the City Clerk who shall file such appeal with the Common Council. The Common Council shall fix a reasonable time for the hearing of the appeal and give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. The action of the Transit and Parking Commission shall stand unless the Common Council, by a majority vote of its members, reverses or modifies the action of the Transit and Parking Commission. (See Note Below.)

Two things of note in the above language.

1. The Common Council (not the mayor or clerk or city attorney or council president) decides when the public hearing is. Isn’t the appropriate action to be taken setting the public hearing? And shouldn’t that what should be placed on the agenda? When the TPC does fare hearings, the bus riders get notification. I don’t believe this really gives people adequate notice for a decision that impacts so many people.

2. The memo from the city attorney – a scanned pdf so I can’t cut and paste – says that we can increase the fares (but doesn’t say we can decrease the fares.) Could the Common Council decide to keep the fares at $1.50?

Additionally, since it is a public hearing the public has 5 minutes to speak instead of the regular three minutes, correct?

A separate question is regarding the low-income bus fare proposal. The appellant hardly mentions it in the written appeal, but in an email states that this is the primary reason for the appeal. The $100,000 for this program comes from the shift of money to the reserves. Do I understand correctly that this requires a separate action of the council to adjust the budget?

Thanks for all the time and effort you have put into sorting this issue out and your usual thorough good work! Unfortunately, a speedy reply, given that the meeting is just days away and we need to inform the public, would be appreciated! And, could you cite the language or better yet, cut and paste the language, that you use to make your decision?

Sincerely,

Alder Brenda K. Konkel

As they say, stay tuned!

(Thank goodness for that new TRC winter weather policy the board passed, we close when the schools do, so I have plenty of time for politicking today!)