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HomeMy WebLinkAbout10B - Bylaws for Traffic Safety Advisory Committee MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT DECEMBER 15, 2008 10 B JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR CONSIDER APPROVAL OF A RESOLUTION ESTABLISHING BYLAWS FOR THE TRAFFIC SAFETY ADVISORY COMMITTEE (TSAC) Introduction The purpose of this agenda report is to consider a set of bylaws for the Traffic Safety Advisory Committee. Historv The Traffic Safety Committee was originally established as a City Council work group, with staff and resident participation. At the November 17, 2008, City Council meeting, the Council revised their bylaws to establish three distinct City Council committees: special City Council subcommittees, research work groups and advisory committees. Special City Council subcommittees are generally established to deal with a single transaction or project. The membership of the committee does not extend beyond the City Council members and staff liaisons. Research work groups are established by the City Council to study, research, analyze and make recommendations to the Council on a particular issue or subject matter. The work groups may consist of as many members and perform such duties as the City Council may require, and has a specific end date. Advisory committees are established to monitor significant issues in the community of on-going concern or, in the case of the Planning Commission, in compliance with Minnesota Statutes. Advisory Committees are the only groups to adopt bylaws to govern the conduct of the Committee. Advisory Committees are composed of citizen volunteers appointed by the City Council and one City Council member appointed annually as a liaison to the Committee. The Traffic Safety Committee functions as an Advisory group. The Council therefore directed staff to restructure the committee and draft a set of bylaws for adoption. Current Circumstances The Traffic Safety Advisory Committee bylaws are structured in the same manner as the other advisory committee bylaws. Specific elements include: . A statement of ethics; . A nine year term limit; · A format for public hearings. Under Minnesota statutes, it is the City Engineer's responsibility to implement signage consistent with the Uniform Traffic Control Manual and State Law. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 Placement of speed limit and stop signs which make up more than 50% of the committee's requests must follow these guidelines. To address this legality, the membership of the Traffic Safety Advisory Committee has a unique make-up. The bylaws still call for at least three and no more than five resident members. The staff feels it is important to maintain the citizen input and representation component of the committee because of the valuable perspective they offer. However, the TSAC also includes the City Engineer and the Police Chief as voting members, and as the Chair and Vice-Chair of the committee. This is consistent with the decision making authority under State law. One council member will also continue to be appointed as liaison. FINANCIAL IMPACT: There is no financial impact to the City as a result of these changes. ALTERNATIVES: 1. Adopt a resolution approving the bylaws as written or with changes recommended by the City Council. 2. Defer this item and provide staff with further direction. RECOMMENDED A motion and second adopting a resolution approving the bylaws as written or MOTION: with changes recommended by the City Council. Reviewfl: 1 I '1Nw,~/- , Frank Boyles, V"," A RESOLUTION ADOPTING THE BYLAWS FOR THE TRAFFIC SAFETY ADVISORY COMMITTEE (TSAC) Motion By: Second By: WHEREAS, The City Council adopts bylaws to provide a set of operating procedures for the City Council, the Communications and Technology Advisory Committee (CTAC), the Community Safety Advisory Committee (CSAC) , the Economic Development Advisory Committee (EDAC), the Lakes Advisory Committee (LAC), the Parks Advisory Committee (PAC) and the Planning Commission; and WHEREAS, The existing Traffic Safety Committee has been restructured as the Traffic Safety Advisory Committee in accordance with the City Council bylaws; and WHEREAS, The Traffic Safety Advisory Bylaws are consistent with the provisions of the City Council bylaws and other Advisory Committee bylaws. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby adopts the bylaws for the Traffic Safety Advisory Committee (TSAC). PASSED AND ADOPTED THIS 15TH DAY OF DECEMBER, 2008. YES NO I Haugen Erickson Hedberg LeMair Millar Haugen Erickson Hedberg LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 TRAFFIC SAFETY ADVISORY COMMITTEE BYLAWS Adopted December 15,2008 SECTION 100: PURPOSE 101: The purpose of the Traffic Safety Advisory Committee bylaws is to provide a set of operating procedures for the Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Traffic Safety Advisory Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts is annual meeting as the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: The Prior Lake Traffic Safety Advisory Committee is created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to traffic safety. The members of the Traffis ~::faty Advisory C~mmr.~e-€ :hall elect offic€r: in . accord::mce 'Ni~h ~hs ;:rocedures of paraar~p.h ~a5 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Traffic Safety Advisory Committee are as follows: 1. Review community traffic safety issues and proposed solutions in accordance with Minnesota statutes. 2. Provide auidance to Citv staff on traffic safety issues. 3. Advise the Citv Council on traffic safety issues. 4. Conduct public meetinas on traffic safety issues as directed bv the City Council. 203: APPOINTMENT: The Committee shall consist of no more than five (5) and no less than three (3) resident members appointed by the Prior Lake City Council, the City Engineer and the Police Chief. One City Council member shall be appointed annually to serve as liaison to the committee. Only residents of the City who are at least 18 years old shall be considered for appointment. The resident members shall serve terms of three (3) years from November 1 to October 31. The Committee shall consist of one City Coun:~llia~:an, and :Jt le3:~ thr~) and no more th:Jn five (5) ~€r.s \vRe-Hv8 it. Prier !....al<e-,-Committee resident members may serve based upon attendance and participation, continued residence in Prior Lake and in accordance with the term limit policy established by the City Council. The Assistant City Engineer will provide staff support services to the Committee. 204: VACANCIES: -If-tR€ E>-f1be of Ch:Jir becomes v:Jsat.t ~€ Traf..us ~::faty Adv}ce-ry- GZr.1rr.itte~ :hall ~f:;:o{n~ a rapl:Jcemen~ ::$ set forth in ;:aragr:Jph 205 here:n. If--.t:Re- Office of 'lice Chair =acomes v:Js::n~, ~ha-Gsmr.1i~te~ :~all e-Ie:::;t :: 3bSGeSSB:'" frOCl i~s R:\Council\2008 Agenda Reports\12 15 08\Traffic Safety bylaws draft 2.DOC 1 memeershi;: e:t the next regl:ller ~eetffig, er.~ G::J:h electicn shall se-for the unexpired term ::f said office. Should a resident member resign, or otherwise vacate a seat on the Committee, Prior Lake City Council shall appoint a replacement to complete the term in the following manner: 1. Applications are solicited. A Notice of the vacancy is made public and individuals may be encouraged to consider the position. 2. The City Manager or his designee, the City Council member who has been appointed as the liaison to the Advisory Committee, and the City Engineer committee ~~~ir (unless the app~:~t-r.1er.t is t.f":e--G9:l:rr:-ittee-sbair ap~9ffitment 3f-fe- aw~n~meAt,cr ir. tr.a case where no chair he::: been dete:-;:rr:r.sG}-shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory committee charged with the selection of the successor for that person. 3. The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. 205: OFFICERS: The Officers of the Prior Lake Traffic Safety Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The Assistant City Engineer or his/her designee shall serve as Secretary of the Committee. Chair: The City Engineer shall serve as the Chair of the Committee-5~~1I =:: =l3l3ointed fF::m =~ong the C00';-h'1litte~'::: meml3ershi;: fer ~ r..ve-ysar ~erm ir. November =y majaFity- vote of th:: Tre:ffiE: Se:~ety ,A,dvisory Q~"':1mittee. The duties of the Chair include: (1) Review and approval of meeting agendas; (2) Presiding at meetings; (3) Participating with the City Council in the selection of Committee members; and (4) Representation of the Committee as appropriate. Vice Chair: The Police Chief shall serve as the Vice-Chair shall be selected ann:..:-all~L by the C00'T:,'llittee-and shall perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other duties as assigned by the Chair. Secretarv: The Assistant City Engineer or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. 206: TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three-term (nine-year) service limitation for all appointed positions within the committees and commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. 207: REMOVAL OF MEMBER: Any resident member of the Traffic Safety Advisory Committee may be removed from office for just cause by a four-fifths (4/5) vote of the entire City Council. Such member shall be entitled to a public hearing before such a - R:\Council\2008 Agenda Reports\ 12 15 08\Traffic Safety bylaws draft 2.DOC 2 vote is taken. In addition, any member may be removed for nonattendance at Traffic Safety Advisory Committee meetings by action of the City Council. SECTION 300: STATEMENT OF ETHICS 301: POLICY STATEMENT: The City of Prior Lake recognizes that our system of democratic representative government is dependent in large measure upon people having trust and confidence in their public officials. The public rightfully expects that governmental officials will conduct City of Prior Lake business in ways which benefit the public generally and that public office will not be used chiefly or improperly to advance personal interest. The City of Prior Lake has pledged that the goals of fair, efficient and honest government will be fostered and that it will strive for integrity and objectivity from all of its officials. 1. The City of Prior Lake finds that the proper operation of democratic representative government requires that: . Elected and appointed officials be independent, impartial and responsible to the people; . Governmental decisions and policy be made in the proper channels of the governmental structure; · Public office not be used for personal gain; . The public have confidence in the integrity of its government. 2. The City of Prior Lake shall adhere to the highest ethical standards that enhance the public trust in its local government by: · Creating transparency in its actions through honest and open communication; and · Basing decisions and adopting public policies on what is in the best interests of the public and the overall community; . Supporting the public's right to know the public's business . Exercising fairness, optimism, responsiveness and respect in communicating with the public. . Providing a forum and periodic training for public officials and staff to discuss organizational values that reflect high standards and current conditions and concerns. 3. The City's Statement of Ethics shall be liberally construed in favor of protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 302: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 303: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for personal convenience or profit. R:\Council\2008 Agenda Reports\12 15 08\Traffic Safety bylaws draft 2.DOC 3 304: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. (Minn. Stat. Section 471.87) 305: A public official or local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession or occupation, must take the following actions: 1. Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 2. The City Attorney shall determine whether a disqualifying conflict of interest exists. 3. Orally inform the committee of the potential conflict and abstain from any participation in that agenda item. 306: The purpose behind the creation of a rule, which would disqualify public officials from participating in proceedings in a decision-making capacity when they have a direct conflict of interest in its outcome, is to insure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant factors that should be considered in making this determination are: (1) nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of officials making the decision who are interested; (4) the need, if any, to have interested persons make the decision; and (5) the other means available, if any, such as the opportunity for review, that serve to insure that the officials will not act arbitrarily to further their selfish interests. 307: MISUSE OF OFFICIAL POSITION: No elected or appointed official may use his or her official position for a purpose that is, or would to a reasonable person appear to be primarily for the private benefit of the official. SECTION 400: CONDUCTING MEETINGS 401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Lawall meetings of the committee are open to the public. Regular meetings shall be held as needed at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, Minnesota. In the evem-t~::t s:J:h :l d:lte :h::1I fc:l-I-en c: legc:l holid:lY, the meeting €rral! be held en ~he- next succeeding d:lY', Regt:13r r.1setingG may be rescheduled, c:lnceled or :har.geeI- depending b:;:sn b:nique circumstansec an= sb:~ject to the :lpprovc:l ::mi-sen~eRt-ef.- both the Cr.c:ir c:na!E){'" Vice Ch:lir. 402: NOTIFICATION: All regular meetings of the Committee shall be noticed by: 1. Posting at city hall for at least two (2) days prior to the meeting. 2. A copy of the notice, agenda and accompanying materials shall be received by the Committee, City Council, staff and others designated by the City Council, no later R:\Council\2008 Agenda Reports\12 15 08\Traffic Safety bylaws draft 2.DOC 4 ~han ~he \^lednesday prior to the Monday meeting ans! in na-6aS9 lateF-than two (2) days prior to a ~s{al meeting. 403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair, or two {~) m€mlc:ers of the ~€r;,:::Tlittee for the purpose of transacting any business designated in the call.S~aff \;'..ay-F€se.';.l;~aA€l-<~a\li:"..g :: :~ask:1 r.-:eetffig, ~I:.lt r.1~st- feG8W€ ::::~r9Val-fF~'Tl €i~her the ~hair :>r two m€.';l~ers of the Com.'::1it~e&;-- The call for a special meeting may be delivered prior to the time of the proposed meeting to each Committee member of the Committee at least two (2) days prior to the special meeting. At such meetings, no business shall be considered other than as designated in the call. The notification provisions of Section B of the article shall be followed. 404: QUORUM FOR REGULAR AND SPECIAL MEETINGS: A majority of Committee members shall constitute a quorum for the purpose of conducting its business, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Committee upon a vote of a majority of the Committee present. 405: CONDUCT OF BUSINESS AT MEETINGS: The agenda for a regularly scheduled meeting shall include the following in order of business: 1 . Call to Order 2. Approval of minutes of previous meeting(s) 3. Old Business 4. Other Business 5. Staff Update 6. New Business 7. Adjournment 406: PUBLIC HEARING FORMAT: Public hearings shall be conducted in the following manner: 1 The presiding officer calls the public hearing to order and declares the time of opening. 2 It is the intent of the Traffic Safety Advisory Committee to open all public hearings at the predetermined and published time. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the Traffic Safety Advisory Committee. However, in no circumstances can a hearing be opened prior to the predetermined and published time. 3 The presiding officer shall read, from the hearing notice, the details on the hearing sufficient to provide the public a general understanding of the purpose and procedures for the hearing and the fact that the hearing is their exclusive or primary opportunity to provide input to the city on the subject. 4 Staff and/or a consultant make a presentation or report on the subject matter for the hearing. 5 The presiding officer asks Traffic Safety Advisory Committee members if they have questions of the staff or consultant, if any. 6 The presiding officer requests a motion and second to open the public hearing. 7 The presiding officer announces that input will be received from the citizens. Formal input includes the name and address of the speaker delivered from the podium. 5 R:\CounciI\2008 Agenda Reports\12 15 08\Traffic Safety bylaws draft 2.DOC 8 After all persons have been heard, the presiding officer requests a motion to: · Close the public hearing and the Traffic Safety Advisory Committee votes on the motion. Once the vote is taken, the hearing is closed for the record, or · Continue a public hearing. If the Traffic Safety Advisory Committee votes to continue the hearing, the presiding officer, in consultation with the Traffic Safety Advisory Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements are needed if a hearing is continued to a later date. However, no public hearing may be continued more than once without re-notice and publishing the time, date and location of the hearing. 9 The Traffic Safety Advisory Committee addresses the subject matter through deliberation, questions to citizens and staff, and reactions and statement of position on the subject. 10 If the public hearing is closed, the Traffic Safety Advisory Committee should take action on the application before them in the form of a motion by resolution. However, the Committee may formulate a recommendation which outlines the parameters under which an approval would be granted. The reasons and conditions shall be stated in the motion or resolution for approval or denial. Continuation of an action may occur in the event insufficient information is present to make a decision. The Traffic Safety Advisory Committee shall delineate the missing information before continuing the item. 407: VOTING: All members of the Committee have equal voting authority. SECTION 500: SCOPE OF POWERS AND DUTIES 501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake City Council and shall advise the City Council on traffic safety matters identified in Section 200 or as assigned to the committee. The Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 502: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees as it deems necessary to implement its goals and objectives. SECTION 600: AMENDMENTS 601: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised bylaws to the City Council for final approval. R:\Council\2008 Agenda Reports\ 12 15 08\Traffic Safety bylaws draft 2.DOC 6