Councilors, manager clash

over procedure

Robert Monteith

March 20 , 2008 .

City Manager Richard Underkofler and several councilors clashed over his suggestion to forego public process and raise harbor rates without a public hearing. Underkofler suggested the council replace a proposed ordinance with a resolution in an effort to pass the rates by May 1. Resolutions differ from ordinances because they require only one vote to pass instead of the three necessary to pass an ordinance.

Councilor Bob Nilsen was the first to object, stating that the public deserved to be involved in decisions that affected them. “I can’t support this,” he said of the measure. “The reason I can’t support it is I’d like to go by ordinance because it comes up three times with three readings. The second reading is usually a public hearing that the public can be involved in. This process has worked for a lot of years and I see no reason to change it now.”

Mark Jensen, who also sits on the city council, agreed with his colleague and informed the council that some members of the public had already expressed their concerns. “I’ve talked to a few people that have kind of suggested the same concerns as Mr. Nilsen that we’re circumventing the…public,” stated Jensen. “So I think it’s good to have three readings if we want to change the price and raise the rates on the harbors. I’m not against the raise in the rates, but I think we should go through the longer public process.”

Councilor Melinda Hofstad agreed, saying that the process on resolutions and ordinances were different for a reason. “A resolution is more of a recommendation and an ordinance is law,” she said. “Ordinances are safeguarded because they have three readings and at least one mandated public hearing. It absolutely mandates public participation.” She also spoke on the topic of public participation and the need for councilors to have time to solicit information from the public. “I think that the three readings allow people to hear the issues, to talk about it, to give us good ideas, and so I’m very strongly in favor of keeping it in ordinance form. Also, I’m concerned that we would start on a slippery slope. If we do this for one enterprise fund’s fees, I’m fearful that it would be a slippery slope to utility fees as well.”

Underkofler was ready with the same legislation in ordinance form, having been advised by city staff that the council may not be happy with a resolution. The ordinance puts the new rates into effect much later, which could put a dent in the harbor’s budget for next year. New harbor rates were proposed by the harbor advisory board due to problems with budget deficits this year and the fund’s current inability to build a reserve. “The reason I’m asking for this is that there are any number of user fees at the harbor that really should be adjusted before May 1. One of them is the tour boat rate…the other one is your launch ramp fees,” said Underkofler.

The council, however, decided to replace the resolution with an ordinance with similar wording. Councilor Hofstad objected to the fact that the ordinance was inappropriately advertised to the public. “If we take all of the meat out and put a whole new meat in, then it’s legal to introduce things that way? I object to that.”

She appealed to the mayor for a change, but Mayor Dwyer decided that the public would have plenty of time to comment now that the rate increase was in ordinance form. “After tonight, it will be out to the public and there will be two more readings,” he said.