HomeMy WebLinkAbout5B - Traffic Safety Advisory Committee Bylaws
MEETING DATE:
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PREPARED BY:
AGENDA ITEM:
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JANUARY 5, 2009
58
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 types
of 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, as is the case with the Planning Commission, to comply with Minnesota
Statutes. Advisory Committees are the only groups required to adopt bylaws to
govern the conduct of the Committee. Advisory Committees are composed of
citizen volunteers appointed by the City Council. The City Council also appoints
one of its members annually to serve 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; and
. 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.
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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.
ReVi<medV
Frank Boyles, City M
t
",
Reports\01 05
-05,DOC
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 5TH DAY OF JANUARY, 2009.
YES
NO
HauQen
Erickson
Hedber9
LeMair
Millar
Hau~en
Erickson
HedberQ
LeMair
Millar
Frank Boyles, City Manager
R.\Cc'LI~cil\2009
05 OS\Trafcic Safet~'f~i~~9itli'bW~%~OC
Phone 952.447.9800 / Fax 952.447.4245
TRAFFIC SAFETY ADVISORY COMMITTEE BYLAWS
Adopted January 5,2009
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 Traffic Safety Advisory Cen::n::ittee shall elect offic=r€ in
accors3nce with the procedures of ;:=r=ar~;:ll-2-~a r.9feiR.:.
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 safetv issues.
3. Advise the Citv Council on traffic safetv issues.
4. Conduct cublic meetinas on traffic safetv issues as directed bv the Citv 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 shsll
consist of one City Cm.:I"...silligiszn, gRS a~ le:lSt ~hfee..i3) a:1d no mor= ~-h:3n five (5)
citizens '....ho live in Prier !...ak~ommittee 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 the office of Ch::ir !:ecomes vacant the T:-=ffi: ~=fety Advisory
Committee shall a;:peint a replacement as set fEP.:r. iF: l3::ra~h :!~= h8fei~. If tAe-
Office of Vice Chsir kecomes vassn~, tAe-Germnittes :hgll e1est :: Sb:ccessor f10m its
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membershi;: a~ the next regular meeting, snd such electitr. :haM !:e for the unexpifed
term of 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
Gemmittee chair (unle:: ~~e appointn::ent is the-Gs:l:~shsir s~pointmer.t 9F-fe-
a;:;:ointment, er in ~he case '::here no sh::ir rr::t ~een determined) 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 shall bs sppointed
JF:n:: ~r.-:ong the Cer.-:n::ittee's mSMl:sr:hip for 3 two year tern:: in Novemb::- k~' :l:aj9fity
vote of tha Tra#iz ~=-f.ety Advisory Com:l:ittae. 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 selectea s:1nl:.dl~L
by the Committee 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
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entire City Council. Such member shall be entitled to a public hearing before such a
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
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services for personal convenience or profit.
,-
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
8YG:-:t t~::1-&Ysr. a Sat: tt::1I fa.U-en s legal holiday, the meetina :ball be held en the-
ne,a sUGseeding day. Regb:lsr meetiRat May be rescheduled, canceled or :han~
depending upar. ur.ique cirs~r."r-ta~ces and subj=:t ~9-tl:~e-q::l;:r9\'al and consent of
l3eth the Chair and/or Vice Chsir.
402:
NOTIFICATION: All regular meetings of the Committee shall be noticed by:
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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
~b3r. ~he VVednesday prior to the Monday meeting ana iF: oo-GaS€ l:i~than two (2)
days prior to a spezial meeting.
403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair,
or two (2) meml:ers of the COFr.mit~ee-for the purpose of transacting any business
designated in the call. Staff rrr::y recommend oallina a Sf*tsi::1 :l:eetiRg, !;:I:.'-t r:"r'..Ist-
reoeive approval from eithl3:- t~shair or two memba:-s sf the C::>''''P.n::i~te&,- 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.
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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.
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.
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