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HomeMy WebLinkAbout03-14-17 Workshop packet NOTICE OF MEETING City Council Workshop 3800 Laverne Avenue North March 14, 2017 6:30 PM AGENDA I. Call to Order 6:30 PM II. Job Classification and Compensation Study, Job Descriptions 6:30 PM III. Discuss Policy on Contacting City Attorney 7:30 PM IV. Lake Elmo Farmers’ Market 8:00 PM V. Noise Ordinance Discussion 8:30 PM VI. Planning Commission Ordinance 9:00 PM VII. Items for Future Work Session Agenda 9:30 PM VIII. Adjourn 9:30 PM Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character NOTICE OF MEETING City Council Workshop 3800 Laverne Avenue North March 14, 2017 6:30 PM AGENDA I. Call to Order 6:30 PM II. Job Classification and Compensation Study, Job Descriptions 6:30 PM III. Discuss Policy on Contacting City Attorney 7:30 PM IV. Lake Elmo Farmers’ Market 8:00 PM V. Noise Ordinance Discussion 8:30 PM VI. Planning Commission Ordinance 9:00 PM VII. Items for Future Work Session Agenda 9:30 PM VIII. Adjourn 9:30 PM Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character STAFF REPORT DATE: 3/14/2017 REGULAR ITEM #: TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Noise Control Ordinance REVIEWED BY: Stephen Wensman, Planning Director Kristina Handt, City Administrator Councilmember Bloyer BACKGROUND: Reason for Ordinance Amendment. Staff had previously proposed to the Council an amendment to the City’s Noise Control Ordinance on December 20, 2016. This ordinance amendment was requested for the following reasons: • To Allow for Competitive Pricing and Timely Completion of City Projects. The City Engineer suggested that extending working hours similarly to other cities may allow for more competitive pricing on City projects and allow more timely completion of projects to minimize disruption to Lake Elmo properties. • Multiple Permits Issued. The City Administrator is often asked for permission to allow construction on Saturdays 8:00am or 9:00 am to 3:30pm or extended hours until 7:00pm on weekdays. These requests are almost always granted, and so Staff feels that this standard should be given another thought. Only one complaint has been received by Staff from an Oakdale resident by granting permission for these extended hours. Additionally, amending the ordinance will save Staff time by not having to write approval letters each time a request is made. Feedback Received on Previously Proposed Ordinance Amendment. Prior to bringing the Noise Control Ordinance amendment to Council, a public hearing was held at a Planning Commission meeting. The following comments arose from this public hearing: • From the Planning Commission. The Planning Commission was only comfortable with the following revisions to the City’s current ordinance: o Some Extended Hours. Extending the hours of construction operation from 6pm to 7pm on weekdays. o Exemptions from Prohibition of Construction Activity. Adding exemptions from the prohibition of construction activity, including snow removal activity, parking lot maintenance or sweeping, and work on public infrastructure projects. o Clarifying that the City Administrator is able to grant certain exemptions for activity that is of urgent necessity and in the interest of public health and safety. o Removing language that allows a special permit to be granted for economic loss and replacing this with a provision that allows the City Administrator to grant permission to allow construction during outlined times. There was also a change that restricts construction occurring during specially-allowed hours to at least 1000 feet away from any dwelling (previously 600 feet). • From the Builders Association of the Twin Cities (BATC). BATC provided feedback on the ordinance after the public hearing was held on the ordinance amendment, expressing concern about arbitrarily restricting private construction projects and exempting public projects; there being lack of evidence of a problem; and noise thresholds. City Council Decision on Proposed Noise Ordinance. The Council did not ultimately approve the proposed Noise Control Ordinance Amendment. The ordinance amendment was not approved by a vote of 2-2-1. Amendment Still Needed. Feedback after the meeting indicated that an amendment to the ordinance is still needed, as the ordinance is rather strict and only exempts construction activity and outdoor implements. ISSUE BEFORE COUNCIL: What changes should be made to the City’s Noise Control Ordinance? PROPOSAL DETAILS/ANALYSIS: Staff has provided the Council with the City’s Noise Control Ordinance along with other City Noise Ordinance examples. Staff would like the Council to provide guidance on the following: Measurement of Noise. In the previously-proposed ordinance amendment, Staff proposed replacing the following table with the table in Section 130.46: Measurement of Noise. The table below outlines standards set forth by Minn. Administrative Rules Ch. 7030 *, **. Noise Area Classification Daytime Nighttime L50 L10 L50 L10 1 (Residential housing, religious activities, camping and picknicking areas, health services, hotels, educational services.) 60 65 50 55 2 (Retail, business and government services, recreational activities, transit passenger terminals.) 65 70 65 70 3 (Manufacturing, fairgrounds and amusement parks, agricultural and forestry activities.) 75 80 75 80 Nighttime is defined as the hours between 10:00 p.m. and 7:00 a.m. and Daytime is defined as the hours between 7:00 a.m. and 10:00 p.m. The “L” measurements in the table signify the time during a one-hour period of monitoring that decibel level can occur; L10=10% of that time (6 minutes) and L50=50% of that time (30 minutes). * There is a land use classification 4: Undeveloped and unused land, water areas, under construction. These land use activities are not regulated in the table above. ** Noise Emission Reference Levels and Usage Factors is attached, giving examples of noise producers at various decibel levels. • Analysis. These standards are set forth by Minn. Administrative Rules. It may be redundant to include them in the Code, but may offer clarification to residents who are referencing City Code for noise regulations. Some cities alternatively list out prohibited activities (noisy assemblies, loud music, discharging of exhaust with no muffler, etc.) rather than included this table. • Feedback Requested. Does the Council wish to include this table within the City’s Noise Control Ordinance? Construction Equipment. The current City Noise Control Ordinance exempts certain construction activity from the noise level standards outlined in the table of Section 130.46. • Limited Hours. This exempted construction activity is limited, however, to weekday hours of 7:00am to 6:00pm. o Analysis. The attached comparison table comparing Lake Elmo’s Noise Control Ordinance to those of other cities shows that Lake Elmo has one of the more limited timeframes during which construction activity is allowed. Construction activity will undoubtedly exceed noise level standards and should be listed as an exemption in the City’s Noise Control ordinance. The Council should determine what hours during which the exemption is appropriate. o Feedback Requested. Does the Council wish to extend the hours allowed for construction equipment? Should weekends or at least Saturday construction be allowed? • Maximum Noise Level. Construction equipment must not produce noise exceeding 100 decibels measured along any property line. Internal combustion engines or any other power unit shall not exceed 83 decibels along any property line. o Analysis. 100 decibels along the property line is appropriate for maximum noise level allowed for the operation of construction equipment. This is the sound of a handheld drill being operated. o Feedback Requested. Is the Council amenable to keeping this current provision? • Equipment must be used for construction. o Analysis. This does not allow a resident to operate a piece of construction equipment for a purpose other than construction. o Feedback Requested. Is the Council amenable to keeping this current provision? • Emergency Situation. The current ordinance allows special permits to be granted in the event of an emergency situation. Such permits may be granted during any hour of any day, not to exceed 3 days, and may be renewed while the emergency continues. o Analysis. Emergency situation is not defined, nor does the ordinance outline who determines what is considered an emergency situation. o Feedback Requested. Does the Council wish to allow permits to be granted in the case of emergency situations? Should the ordinance more clearly define emergency situation and who determines what an emergency situation is? • Substantial Economic Loss. Currently, the ordinance allows a special permit to be granted for the operation of equipment which extends the allowed construction hours to 9:30pm on weekdays and permits construction on weekends from 1:00pm to 5:00pm, provided the construction equipment is operated 600 feet or more from any dwellings. Any hour of any day is allowed for construction equipment operated 1200 feet or more from any dwellings. o Analysis. Substantial economic loss is not defined, nor should it be a valid reason for granting such a permit. o Feedback Requested. Does the Council wish to remove this provision from the ordinance? Should equipment that is being operated far enough away from dwellings be allowed to be operated at any hour of any day? Outdoor Implements. Implements designed for outdoor use (power lawn mower, snowblower, power hedge clipper, power saw, etc), if exceeding maximum allowable sound levels, can be operated between the hours of 7:30am to 9:00pm on weekdays and 9:00am to 9:30pm every other day. If such implements do not exceed maximum allowable sound levels, they may be operated at any time. • Analysis. Outdoor implements, like construction equipment, will almost certainly exceed the maximum allowable sound levels. This exemption should be listed in this ordinance. • Feedback Requested. Does the Council wish to amend anything in this section of the ordinance? Additional Exemptions. The current Noise Control Ordinance does not list any other exemptions to the maximum allowable noise levels. • Analysis. Other cities exempt additional activities from maximum allowable noise levels (church bells, school bells, city-sponsored activities, emergency vehicles, etc. • Feedback Requested. Does the Council wish to add additional exemptions to the maximum allowable noise levels? FISCAL IMPACT: Allowing extended working hours may allow for more competitive pricing on City projects and allow more timely completion of projects to minimize disruption to Lake Elmo properties. ATTACHMENTS: • Current City Noise Control Ordinance • Previously-proposed Noise Control Ordinance Amendment • Comparison table • Other City Noise Ordinance examples • Noise Level Chart • Estimating Sound Levels Diagram 2/9/2016 CHAPTER 130: GENERAL OFFENSES http://library.amlegal.com/alpscripts/get­content.aspx 1/2 Print Lake Elmo, MN Code of Ordinances NOISE CONTROL § 130.45  NOISE PROHIBITED.    It shall be unlawful to make, continue, or cause to be made or continued, any noise in excess of the noise levels set forth unless noise is reasonably necessary to preserve life, health, safety, or property. (1997 Code, § 1370.01)  Penalty, see § 10.99 § 130.46  MEASUREMENT OF NOISE.    (A)   Any activity not expressly exempted by this section which creates or produces sound regardless of frequency exceeding the ambient noise levels of the property line of any property (or if a condominium or apartment house within any adjoining apartment) by more than 6 decibels above the ambient noise levels as designated in the following table at the time and place and for the duration then mentioned, is a violation of this section, but any enumeration in this section is not exclusive.   Duration of Sound 7:00 a.m. to 6:00 p.m. (All Districts) 6:00 p.m. to 7:00 a.m. Residential District  and 6:00 p.m. to 7:00 a.m. (All Other Districts) 10:00 p.m. to 7:00 a.m. (Residential Districts) Less than 10 minutes 75 db 70 db 60 db Between 10 minutes and 2 hours 70 db 60 db 50 db In excess of 2 hours 60 db 50 db 40 db      (B)   In determining whether a particular sound exceeds the maximum permissible sound level in the above table:       (1)   Sounds in excess of the residential district limitations as measured in a residential district or other districts; and/or       (2)   During all hours of Sunday and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in the table in division (A) above. (1997 Code, § 1370.02)  Penalty, see § 10.99 2/9/2016 CHAPTER 130: GENERAL OFFENSES http://library.amlegal.com/alpscripts/get­content.aspx 2/2 § 130.47  CONSTRUCTION EQUIPMENT.    (A)   Except as stated, no pile driver, jackhammer, or other construction equipment shall be operated between the hours of 6:00 p.m. to 7:00 a.m. on weekdays and during any hours on Saturdays, Sundays, and state and federal holidays.  No equipment shall be operated at any time if the sound level from the operation exceeds 100 decibels measured along any property line.  However, if the decibel maximum sound limit is reduced to 95 decibels effective the second anniversary of the enactment of this code, and 90 decibels effective the fourth anniversary; and the operation of the equipment conforms to the maximum allowable sound levels as stated in this section; it may be operated during the above prohibited hours and days.  When any of the above named equipment is used for any purpose other than construction, the ambient noise levels apply.    (B)   No internal combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times as set forth in this section and any sound emitted from any engine or power unit shall not exceed 83 decibels measured along the property line.    (C)   If an emergency situation exists or if substantial economic loss would result to any person unless allowed additional hours of equipment operation, a special permit may be granted for extended hours of operation of the construction equipment and internal combustion engine or power unit as follows.       (1)   In the event of an emergency situation, a permit may be granted for the operation during any hour of any day for a period not to exceed 3 days or less while the emergency continues.  This permit may be renewed for periods of 3 days or less while the emergency continues.       (2)   In the event of a determination of substantial economic loss to a person, a special permit may be granted for the operation throughout the hours of 7:00 a.m. to 9:30 p.m. on weekdays and throughout the hours of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays, and state and federal holidays upon the condition that while any construction equipment, internal combustion engine, or power unit is in operation, its location shall not be less than 600 feet in any direction from any dwellings, except that if while any construction equipment, internal combustion, or power unit is in operation, its location shall be no less than 1,200 feet in any direction from any dwelling, a permit may be granted for operation during any hour of any day. (1997 Code, § 1370.03)  Penalty, see § 10.99 § 130.48  OUTDOOR IMPLEMENTS.    (A)   Except as stated, any power lawn mower, snowblower, power hedge clipper, power saw, or other implement, designed primarily for outdoor use, shall be operated only between the hours of 7:30 a.m. to 9:00 p.m. on weekdays, or between the hours of 9:00 a.m. to 9:30 p.m. on Saturdays, Sundays, and state and federal holidays.    (B)   However, if the equipment conforms to the maximum allowable sound levels as stated, it may be operated during the above prohibited hours. (1997 Code, § 1370.04)  Penalty, see § 10.99 491906v1 SJS LA515-4 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-___ SECTION 1. The City Council of the City of Lake Elmo hereby amends Title VIII, Chapter 130: General Offenses; Noise Control, Sections 130.45 – 130.48 of the Lake Elmo Code of Ordinances to read as follows: NOISE CONTROL § 130.45 NOISE PROHIBITED. It shall be unlawful to make, continue, or cause to be made or continued, any noise in excess of the noise levels set forth unless noise is reasonably necessary to preserve life, health, safety, or property. (1997 Code, § 1370.01) Penalty, see § 10.99 § 130.46 MEASUREMENT OF NOISE. (A) Any activity not expressly exempted by this section which creates or produces sound regardless of frequency exceeding the ambient noise levels of the property line of any property (or if a condominium or apartment house within any adjoining apartment) by more than 6 decibels above the ambient noise levels as designated in the following table at the time and place and for the duration then mentioned, is a violation of this section, but any enumeration in this section is not exclusive. by Minnesota Rule Part 7030.0040, Noise Standards. Duration of Sound 7:00 a.m. to 6:00 p.m. (All Districts) 6:00 p.m. to 7:00 a.m. Residential District and 6:00 p.m. to 7:00 a.m. (All Other Districts) 10:00 p.m. to 7:00 a.m. (Residential Districts) Less than 10 minutes 75 db 70 db 60 db Between 10 minutes and 2 hours 70 db 60 db 50 db In excess of 2 hours 60 db 50 db 40 db (B) In determining whether a particular sound exceeds the maximum permissible sound level in the above table: 491906v1 SJS LA515-4 (1) Sounds in excess of the residential district limitations as measured in a residential district or other districts; and/or (2) During all hours of Sunday and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in the table in division (A) above. (1997 Code, § 1370.02) Penalty, see § 10.99 § 130.47 CONSTRUCTION EQUIPMENT. (A) Purpose. The City understands that exceeding decibels above the ambient noise levels is necessary from time to time in order to use heavy equipment to perform construction activities and make necessary improvements within the City. The following sets forth specific times during which such heavy equipment that exceeds the ambient noise level may be used. (B) Definitions. For purposes of this Section, the following definitions shall apply: HEAVY EQUIPMENT. Compactors/rollers, cranes, bulldozers, dump trucks, excavators, forklifts, graders, jackhammers, loaders, pavement breakers, pile drivers, portable crushers, tractors, trenchers, or other pieces of equipment that generate similar levels of noise. OPERATED. Engine start-up or warm-up, delivery and loading/unloading of equipment/supplies or any activity involving heavy equipment that exceeds ambient noise levels. (A) (C) Except as stated, no pile driver, jackhammer, or other construction equipment shall be operated between the hours of 6:00 p.m. to 7:00 a.m. on weekdays and during any hours on Saturdays, Sundays, and state and federal holidays. Heavy equipment may be operated in excess of ambient noise levels between the hours of 7:00 a.m. to 7:00 p.m. on weekdays and on Saturdays from 9:00 a.m. to 3:30 p.m. No heavy equipment exceeding ambient noise levels shall be operated on Sundays or state and federal holidays. No heavy equipment shall be operated at any time under any circumstances if the sound noise level from the operation exceeds 100 decibels measured along any property line. However, if the decibel maximum sound limit is reduced to 95 decibels effective the second anniversary of the enactment of this code, and 90 decibels effective the fourth anniversary; and the operation of the equipment conforms to the maximum allowable sound levels as stated in this section; it may be operated during the above prohibited hours and days. When any of the above named equipment is used for any purpose other than construction, the ambient noise levels apply. (B) No internal combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times as set forth in this section and any sound emitted from any engine or power unit shall not exceed 83 decibels measured along the property line. 491906v1 SJS LA515-4 (C)(D) If an emergency situation exists or if substantial economic loss would result to any person unless allowed additional hours of equipment operation, a special permit may be granted for extended hours of operation of the construction equipment and internal combustion engine or power unit as follows. In the event of an emergency situation, a permit Heavy equipment may be operated in excess of the ambient noise levels during times not allowed by paragraph (C) of this Section if it is found by the City Administrator that the activity is of urgent necessity and is in the interest of the public health, safety or welfare. The City Administrator must grant written permission. Permission by the City Administrator may be granted for the operation of heavy equipment in excess of the ambient noise levels during any hour of any day for a period not to exceed 3 days or less while the emergency continues. This permit Written permission may be renewed by the City Administrator for periods of 3 days or less while if the emergency continues. (E) (2) In the event of a determination of substantial economic loss to a person, a special permit may be granted for the operation throughout the hours of 7:00 a.m. to 9:30 p.m. on weekdays and throughout the hours of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays, and state and federal holidays upon the condition that while any construction equipment, internal combustion engine, or power unit is in operation, its location shall not be less than 600 feet in any direction from any dwellings, except that if while any construction equipment, internal combustion, or power unit is in operation, its location shall be no less than Activities involving operation of heavy equipment producing a noise level of up to 95 decibels that takes place no less than 1,200 feet in any direction from any dwelling, a permit may be allowed, by written permission granted by the City Administrator, for operation during any hour of any day. Ambient noise levels must be maintained at all property lines. § 130.48 OUTDOOR IMPLEMENT. (A) Except as stated, any power lawn mower, snowblower, power hedge clipper, power saw, or other implement, designed primarily for outdoor use, shall be operated only between the hours of 7:30 a.m. to 9:00 p.m. on weekdays, or between the hours of 9:00 a.m. to 9:30 p.m. on Saturdays, Sundays, and state and federal holidays. (B) However, if the equipment operation conforms to the maximum allowable sound ambient noise levels as stated, it may be operated during the above prohibited hours. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. 491906v1 SJS LA515-4 SECTION 3. Adoption Date. This Ordinance 08-__ was adopted on this __ day of _____, 2016, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor ATTEST: _______________________________ Julie Johnson, City Clerk This Ordinance 08-__ was published on the ____ day of ___________________, 2016. Noise Level Chart A noise level chart showing examples of sounds with dB levels ranging from 0 to 180 decibels. dBA Example Home & Yard Appliances Workshop & Construction 0 healthy hearing threshold 10 a pin dropping 20 rustling leaves 30 whisper 40 babbling brook computer 50 light traffic refrigerator 60 conversational speech air conditioner 70 shower dishwasher 75 toilet flushing vacuum cleaner 80 alarm clock garbage disposal 85 passing diesel truck snow blower 90 squeeze toy lawn mower arc welder 95 inside subway car food processor belt sander 100 motorcycle (riding) handheld drill 105 sporting event table saw 110 rock band jackhammer 115 emergency vehicle siren riveter 120 thunderclap oxygen torch 125 balloon popping 130 peak stadium crowd noise 135 air raid siren 140 jet engine at takeoff 145 firecracker 150 fighter jet launch 155 cap gun 160 shotgun 165 .357 magnum revolver 170 safety airbag 175 howitzer cannon 180 rocket launch ... http://hyperphysics.phy-astr.gsu.edu/hbase/acoustic/isprob2.html PLANNING COMMISSION § 32.025 ESTABLISHMENT. A Planning Commission is continued in the city. (1997 Code, § 210.01) § 32.026 PURPOSE. The Planning Commission is established to meet the requirements of state statute; to develop and enforce the Comprehensive Plan and amendments to the plan, subject to Council approval and the requirements of the Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the Commission shall be made unless and until authorized for the purpose by the Council. (1997 Code, § 210.02) § 32.027 COMPOSITION. (A) Generally. The Planning Commission shall consist of 7 voting members and 2 non- voting alternate members. The voting members shall be appointed for a 3-year term so that only 1/3 of the appointments will expire on December 31 of each year. Voting members may not serve more than 2 consecutive terms. Appointment to an additional term(s) will be considered with the available applicant pool. Alternate members shall be appointed to serve until there is a vacancy on the Planning Commission. The City Council shall appoint a first alternate and a second alternate who shall become voting members in the order of their appointment upon a vacancy on the Commission. (1997 Code, § 210.03) (Am. Ord. 97-96, passed 1-15-2002; Am. Ord. 97-147, passed 2-15- 2005; Am. Ord. 97-200, passed 11-5-2007; Am. Ord. 08-046, passed 6-21-2011) (B) Special appointments. (1) At the discretion of the City Council, up to 5 additional appointments can be made to the Planning Commission, for each special project, including but not limited to Environmental Management, Maintenance Advisory, and the Old Village, to assist with special projects currently in process, or directed by the City Council to be studied, drafted, and completed. (2) The term of the special appointments shall expire 2 years from the date of appointment, or upon completion of the special project, whichever is first. Any special appointee may request reappointment if the specific project is not completed in that time. (3) (a) Special project appointees shall have full voting privileges only on issues specifically related to the special project. (b) Full voting privileges for the regular Planning Commission shall remain consistent with this section. (Ord. 97-67, passed 1-2-2001; Am. Ord. 97-70, passed 1-16-2001) § 32.028 QUALIFICATIONS. Each member and alternate member shall be a resident of the city. Wherever possible, Commission members should represent all geographical areas of the city and a cross-section of the population of the city at the time of appointment. (1997 Code, § 210.04) § 32.029 REMOVAL. Any member or alternate member may be removed by a 4/5 vote of the Council, for cause. Cause shall include but not be limited to having more than 3 consecutive absences or being absent from more than 1/3 of the meetings in any 1 calendar year. The Council may consider exceptional circumstances when applying this rule. (1997 Code, § 210.05) § 32.030 OFFICERS. The Commission shall elect a Chairperson, a Vice Chairperson, and a Secretary from among its appointed members at the annual meeting each year, for a term of 1 year. The Chairperson shall preside at all meetings of the Commission, if present, and shall perform all other duties and functions required by state statute or assigned by the Commission or the Council. The Vice Chairperson shall perform these duties in the absence of the Chairperson. If a vacancy occurs in the Chairperson's office, the Vice Chairperson shall assume the Chairperson's duties for the remainder of the year, and a new Vice Chairperson shall be elected by the Commission at a special election to be held at the next regularly scheduled Commission meeting, after at least 2- days written notice to each Commission member. The Secretary shall perform those duties assigned by state statute only. A recording Secretary shall be appointed by the Council to take and keep the minutes and records of the Commission. (1997 Code, § 210.06) § 32.031 ANNUAL MEETINGS. (A) The Commission shall hold an annual meeting the second Monday in the month of January in each year. (B) The meeting shall be devoted to the election of officers and other business as shall be scheduled. (1997 Code, § 210.07) § 32.032 ANNUAL WORK PLAN. The Planning Commission shall meet with the Council at the Commission's first meeting in September each year to develop an annual work plan, including a list of projects, points of interaction on projects, programs, and goals for the following year. (1997 Code, § 210.08) § 32.033 REGULAR MEETINGS. Regular meetings shall be held in the City Hall at 7:00 p.m. on the second and fourth Mondays of each month. No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A regular meeting may be canceled or rescheduled by the Commission at a prior meeting or if there are no scheduled agenda items on the Thursday prior to the meeting. All action taken by the Commission shall be by the affirmative vote of a majority of the members present. (1997 Code, § 210.09) § 32.034 SPECIAL MEETINGS. Special meetings of the Commission shall be held in the City Hall at a time and place designated or at a public place at a time designated and shall be called by the Chairperson. Upon the written request of at least 4 members, the Chairperson shall be required to call a special meeting to be held within 7 days of the request. Written notice of the meeting shall be given to all members not less than 3 working days in advance of the meeting. (1997 Code, § 210.10) § 32.035 QUORUM. A quorum shall consist of 4 members. (1997 Code, § 210.11) (Am. Ord. 97-14, passed 9-2-1997; Am. Ord. 08-046, passed 6-21-2011) § 32.036 VOTING. Each member attending any meeting shall be entitled to cast 1 vote. Voting shall be by voice vote. If any member has a personal interest of any kind in the matter before the Commission, the member shall disclose the interest and be disqualified from voting upon the matter. The Secretary shall record in the minutes that no vote was cast by that member. Alternate members shall be entitled to cast 1 vote in the absence of any member. The second alternate shall be entitled to cast 1 vote in the absence of any 2 members. (1997 Code, § 210.12) § 32.037 PROCEEDINGS. At any regular meeting of the Commission, the following shall be the regular order of business: (A) Roll call; (B) Approval of agenda; (C) Minutes of the preceding meeting; (D) Public hearings as scheduled on the agenda; (E) Old and new business as scheduled on the agenda; (F) Communications; (G) Other; and (H) Adjournment. (1997 Code, § 210.13) § 32.038 RULES OF PROCEDURE. All meetings of the Commission shall be conducted in accordance with the Revised Robert's Rules of Order. (1997 Code, § 210.14) § 32.039 AGENDA. The Chairperson shall cause all items to be considered at any meeting to be placed on a written agenda by the City Administrator or an appointed designee. The City Administrator, or appointed designee, shall advise the Chairperson of any matters the Commission must consider by Council directive, ordinance, or statute and shall have prepared and supply a written agenda of all meetings to all Commission members, the Council, and the public no less than 4 days before each meeting. (1997 Code, § 210.15) § 32.040 RECORDS. Each formal action of the Commission shall be embodied in full upon the minute book as formal motion or resolution. The minutes of each meeting shall be provided to each member, the Council, and the public no more than 7 days after the date of each meeting. The recommendations and findings of the Commission shall be presented to the Council at the next regularly scheduled Council meeting. The records of meetings and actions and recommendations shall be transmitted to the City Administrator, or appointed designee, for keeping and distribution. (1997 Code, § 210.16) § 32.041 TRAINING. Commission members shall be encouraged to avail themselves of training courses offered by the city, the state, and other government and public training agencies and the Council shall budget for the reimbursement of expenses incurred in training each year. (1997 Code, § 210.17) § 32.042 DUTIES AND POWERS OF THE COMMISSION; COMPREHENSIVE PLAN. (A) Plan. The Planning Commission shall have the powers and duties given city planning agencies generally by law. The Commission shall also exercise the duties conferred upon it by this code. It shall be the purpose of the Planning Commission to prepare and adopt a Comprehensive Plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan, and other matters relating to the physical development of the city. The plan may be prepared in sections, each of which shall relate to the Comprehensive Plan program. After the Commission has prepared and adopted the Comprehensive Plan, it shall periodically, but at least every 5 years, review the Comprehensive Plan and any ordinances or program implementing the plan. (B) Means of executing plan. Upon the adoption of a Comprehensive Plan or any section, it shall be the concern of the Planning Commission to recommend to the Council reasonable and practicable means for putting into effect the plan or section in order that the same will serve as a pattern and guide for the orderly physical development of the city and as a basis for judging the timely disbursements of funds to implement the objective. Means of effectuating the plan shall, among other things, consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the Council. (C) Zoning ordinance. The Planning Commission shall review all proposed amendments to the zoning ordinance, take part in public hearings, and make recommendations to the Council as may be prescribed by the zoning ordinance. (D) Conditional use permits. (1) The Planning Commission may make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance. (2) The Commission shall report its recommendations to the Council for action. (E) Subdivisions. The Planning Commission may make recommendations in relation to the subdividing of land as prescribed by the ordinance; the Commission shall report its recommendations to the Council for action. (F) Variances. The Planning Commission shall hear all variance requests from the literal provisions of this code, and shall follow the guidelines set forth in the zoning code. (G) Capital Improvement Program. (1) (a) The Planning Commission shall endeavor to obtain from city officers a descriptive list of proposed improvements for the ensuing 5-year period. (b) The Planning Commission shall also request from the local school district a similar list of its proposed public works. (2) (a) The Planning Commission shall list and classify all the proposed public works and shall prepare a coordinated program of proposed public works for the ensuing year and for a projected 5-year period. (b) The program shall be recommended by the Planning Commission to the Council and to the other officers, departments, boards, or public bodies as have jurisdiction over the recommended planning or construction of the public works. (1997 Code, § 210.18)