Sec. 50-38. Functions, duties; capital improvements.
(a)   Construction of streets, squares, parks, public buildings, or other public way, ground, or open space. A street; square, park, playground, public way, ground, or other open space; or public building or other structure shall not be constructed or authorized for construction in an area covered by the municipal master plan unless the location, character, and extent of the street, public way, open space, structure, or utility have been submitted to the planning commission by the city council or other body having jurisdiction over the authorization or financing of the project and has been approved by the planning commission. The planning commission shall submit its reasons for approval or disapproval to the body having jurisdiction. If the planning commission disapproves, the body having jurisdiction may overrule the planning commission by a vote of not less than two-thirds of its entire membership.
(b)   Rescission of authorization for opening, widening or extension of streets or acquisition or enlargement of park or other open space. If the opening, widening, or extension of a street or the acquisition or enlargement of any square, park, playground, or other open space has been approved by the planning commission and authorized by the city council as provided above, the council shall not rescind its authorization unless the matter has been resubmitted to the planning commission and the rescission has been approved by the planning commission. The planning commission shall hold a public hearing on the matter. The planning commission shall submit its reasons for approval or disapproval of the rescission to the council. If the planning commission disapproves the rescission, the council may overrule the planning commission by a vote of not less than two-thirds of its entire membership. If the planning commission fails to act within 63 days after submission of the proposed rescission to the planning commission, the proposed rescission shall be considered to be approved by the planning commission.
(c)   Capital improvements program. To further the desirable future development of the city under the master plan, the planning commission, after adoption of a master plan, shall annually prepare a capital improvements program of public structures and improvements. The capital improvements program shall show those public structures and improvements, in the general order of their priority, that in the commission's judgment will be needed or desirable and can be undertaken within the ensuing six-year period. The capital improvements program shall be based upon the requirements of the city for all types of public structures and improvements. Consequently, each agency or department of the city with authority for public structures or improvements shall upon request furnish the planning commission with lists, plans, and estimates of time and cost of those public structures and improvements.
(Ord. No. 171, 5-4-2009)