A.
Composition. The Board of Review shall consist of the
Mayor, City Clerk, and three Council members appointed by the Mayor.
The Board of Review members, except members who are full-time employees
or officers of the City of Onalaska, shall receive such compensation
as shall be fixed by the Common Council.
B.
Duties. The duties and functions of the Board of Review
shall be as prescribed in §§ 70.46 and 70.47, Wis.
Stats.
C.
Board's duty. The Board shall carefully examine the
assessment roll and correct all apparent errors in description or
computation. It shall add all omitted property but shall not raise
or lower the assessment of any property except after hearing, as provided
by the statutes.
D.
Confidentiality. Whenever the Assessor, in the performance
of the Assessor's duties, requests or obtains income and expense information
pursuant to § 70.47(7)(af), Wis. Stats. or any successor
statute thereto, then, such income and expense information may be
revealed to and used by such persons: in the discharging duties imposed
by law; in the discharge of duties imposed by office (including but
not limited to, use by the Assessor in performance of official duties
of the Assessor's office and use by the Board of Review in performance
of its official duties); or pursuant to order of a court. Income and
expense information provided to the Assessor under § 70.47(7)(af),
Wis. Stats., unless a court determines that it is inaccurate, is,
per § 70.47(7)(af), Wis. Stats. confidential and not a public
record and therefore is not subject to the right of inspection and
copying under § 19.35(1), Wis. Stats.
E.
Severability. The several sections of this section are declared to be severable.
If any section or portion thereof shall be declared by a court of
competent jurisdiction to be invalid, unlawful or unenforceable, such
decision shall apply only to the specific section or portion thereof
directly specified in the decision, and shall not affect the validity
of any other provisions, sections or portions thereof of the section.
The remainder of the section shall remain in full force and effect.
Any other ordinances whose terms are in conflict with the provisions
of this section are hereby repealed as to those terms that conflict.
[Amended 12-14-2021 by Ord. No. 1719-2021]
A.
The Board of Public Works and Utilities shall consist of the Director
of Public Works, the Mayor, the Financial Services Director, and two
Council members, along with an alternate Council member. The two Council
members shall be annually appointed by the Mayor, subject to confirmation
by the Council at the organizational meeting. The alternate Council
member shall serve when either of the regular Council members are
absent or must withdraw on grounds of conflict of interest. The Board
of Public Works and Utilities shall perform those duties prescribed
in this Code of Ordinances and § 62.14, Wis. Stats.
A.
Establishment. A Board of Zoning Appeals shall be appointed
as specified in § 62.23(7)(e), Wis. Stats. The Board of
Zoning Appeals shall consist of five members, appointed by the Mayor,
subject to confirmation by the Common Council. The member of the Common
Council who serves on the Plan Commission shall serve as an alternate
member. The Mayor shall designate one of the members chairperson.
B.
Powers. The Board of Zoning Appeals shall have the following
powers:
1.
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision, or determination made by an administrative
official in the enforcement of the City's Unified Development Code
and Building Code.
2.
To hear and decide special exceptions to the terms of City Unified
Development Code, Floodplain Regulations, and Building Code upon which
the Board of Zoning Appeals is required to pass.
3.
To authorize, upon appeal in specific cases, such variance from the terms of the City's Unified Development Code as described in Section 13.05.23.
4.
The Board of Zoning Appeals may reverse or affirm wholly or in part
or may modify any order, requirement, decision or determination as
in its opinion ought to be made regarding the premises. The concurring
vote of four members of the Board of Zoning Appeals shall be necessary
to reverse any order, requirement, decision or determination appealed
from or to decide in favor of the applicant on any matter on which
it is required to pass, or to effect any variation in the requirements
of the City's Unified Development Code and Building Codes.
C.
Meetings and rules. All meetings of the Board of Zoning
Appeals shall be held at the call of the Chairman and at such other
times as the Board may determine. All hearings conducted by the said
Board shall be open to the public. The Board of Zoning Appeals shall
keep minutes of its proceedings, showing the vote of each member upon
each question, or, if absent or failing to vote, indicating such fact,
and shall keep records of its examination and other official actions,
all of which shall be immediately filed in the office of the City
Clerk and shall be a public record. The Board shall adopt its own
rules of procedure not in conflict with this section or with applicable
Wisconsin Statutes.
A.
Appointments. The Parks, Recreation and Library Board
shall consist of seven members, including six citizens from the City
of Onalaska and one Council member. The members of this Board shall
be appointed for terms of three years, except that the Council member
shall be annually appointed by the Mayor subject to confirmation by
the Council. Any Board member may be reappointed and may serve an
unlimited number of consecutive terms. In addition to the members
set forth above, a student recommended by the Onalaska High School
administration may be appointed to the Board in an advisory, nonvoting
capacity for a term of one year.
B.
Compensation; oaths. No compensation shall be paid for
service on the Board. Members shall take an official oath as prescribed
by § 19.01, Wis. Stats., to be filed with the City Clerk.
C.
Powers and duties. The Board shall have all the powers
conferred by law under § 27.08, Wis. Stats, and § 43.54,
Wis. Stats. and shall be charged with all the duties so required such
as recommend, oversee work, and oversee funds of all parks, park and
recreational facilities, playgrounds, and recreational activities
as part of properties within the City. The Parks, Recreation and Library
Board is specifically empowered and directed:
1.
To govern, manage, control, improve and care for all public parks
located within, or partly within and partly without, the corporate
limits of the City and secure the quiet, orderly and suitable use
and enjoyment thereof by the people; also to adopt rules and regulations
to promote these purposes.
2.
To acquire in the name of the City for park purposes by gift, purchase,
devise, bequest or condemnation, either absolutely or in trust, money,
real or personal property, or any incorporeal right or privilege,
provided gifts to the City of money or other property, real or personal,
either absolutely or in trust, for park purposes shall be accepted
only after they have been recommended by the Board to the Common Council
and approved by said Common Council by resolution.
3.
With prior Council approval, to buy or lease lands in the name of
the City for park purposes within or without the City and, with the
approval of the Common Council, to sell or exchange property no longer
required for its purpose.
4.
To serve as liaison between the City and the County library system
library board.
5.
To have the powers necessary and convenient for the effective and
efficient management, control, supervision and operation of the City
park system, park and recreation facilities and recreation programs,
subject to budgetary approval by the Common Council.
6.
To coordinate library-related activities of the City and the County
library system and ensure the City's responsibility for the operation
and maintenance of the library is carried out in the manner which
best serves the interest of the residents of the area.
7.
To have jurisdiction of the parks and playgrounds throughout the
City and assume full responsibility for the equipping, developing
and maintaining the physical facilities of the park system.
8.
To establish such rules and regulations to promote the quiet, orderly
and suitable use of the City parks and playgrounds as the Board shall
deem necessary.
9.
And such other and further duties as may be necessary for the proper
carrying out of the purposes of said Board.
D.
Public recreation program. The Parks, Recreation and
Library Board shall determine the recreational needs and shall have
jurisdiction over the public recreation program of the City.
E.
Record. The Parks, Recreation and Library Board shall
keep a written record of its proceedings to include all actions taken,
a copy of which shall be filed with the office of the City Clerk.
F.
Finance.
1.
Budget. The Board shall assist in preparing an annual
budget for submission to the Common Council, which budget shall reflect
the Board's recommendations as to maintenance or acquisition of City
parks, open spaces, park and related facilities, recreation programs
and equipment, summer or seasonal employees, etc. Said annual budget
request shall contain estimates as to revenues to be derived from
recreation programs or activities as well as estimated expenditures
for operating the parks and recreation system.
2.
Deposits. All revenues and income from the operation
of Park and Recreation Programs shall be deposited with the City Treasurer.
3.
Monetary contributions. All monies donated to the City
specifically for park or recreation use shall be deposited in City
accounts as a nonlapsing fund or reserve for such specific use.
A.
Findings and declaration of necessity. The Common Council
hereby finds and declares that a need for blight elimination, community
development, housing programs and projects exist in the City and that
a community development authority functioning within the City constitutes
an effective and efficient means for carrying out such programs and
projects. The necessity in the public interest for the provisions
of this section is also declared as a matter of legislative determination.
B.
Creation of community development authority; status as public
body. Pursuant to § 66.1335, Wis. Stats. (entitled
"Housing and Community Development Authorities"), there is hereby
created a community development authority, which shall be known as
the "Community Development Authority of the City of Onalaska." The
Community Development Authority (the "CDA") is deemed a public body
and a body corporate and politic, exercising necessary public powers,
and having all the powers, duties and functions conferred on redevelopment
authorities, community development authorities, housing authorities
and housing authorities for elderly persons by applicable law.
C.
Composition of governing body; powers vested in Commissioners;
compensation. The CDA shall consist of seven resident persons
having sufficient ability and experience in the field of urban renewal,
community development, and housing, who shall serve as the governing
body (the "Commissioners") of the CDA. In addition to the members
set forth above, a student recommended by the Onalaska High School
administration may be appointed to the Commission in an advisory,
nonvoting capacity for a term of one year. The powers of the CDA shall
be vested in, and exercised by, the Commissioners in office from time
to time.
D.
Compensation; oaths. No compensation shall be paid for
service on the CDA. Citizen members shall take the official oath as
required by § 19.01, Wis. Stats., said oath to be filed
with the City Clerk.
E.
Appointment, confirmation and term of Commissioners; vacancies. The Commissioners of the CDA shall be appointed by the Mayor and
confirmed by the Common Council as follows:
1.
Two of the Commissioners shall be members of the Common Council,
one of which shall be a member of the Finance and Personnel Committee
and the other shall not be a member of the Finance and Personnel Committee.
Each of the Common Council Commissioners shall serve with full voting
rights. The remaining five Commissioners of the CDA shall be selected
with preference to the following qualifications: (1) background in
finance, banking, accounting, financial investments or any combination
thereof; (2) legal, paralegal or real estate law background or any
combination thereof; (3) background in either real estate, real estate
development, commercial and residential construction or property management
or any combination thereof; (4) background in the Onalaska business
community and Onalaska community organizations; and (5) background
in either manufacturing, business startups or other related background.
2.
All Commissioners who are not members of the Common Council shall
be appointed for terms of four years. A Commissioner who is not a
member of the Common Council shall hold office until their successor
has been appointed and qualified, unless such Commissioner's term
is vacated earlier because of their change of residence, removal,
resignation, incapacity or death.
3.
Vacancies occurring during any term shall be filled for the unexpired
portion of the term and new appointments or reappointments of Commissioners
shall be made, in the same manner in which the original appointments
were made.
4.
The Mayor of the City of Onalaska shall be a nonvoting ex officio
member of the Community Development Authority.
F.
Evidence of appointment. The records maintained in the
office of the City Clerk reflecting that the City Clerk administered
the oath of appointment of the Commissioner. Such record shall be
conclusive evidence of the due and proper appointment of the Commissioner
if such Commissioner has been duly confirmed as herein provided and
has duly taken and filed the official oath before entering upon their
office.
G.
Removal of Commissioners. A Commissioner may be removed
from office by the Mayor by incompetency, inefficiency, neglect of
duty or misconduct in office, but such Commissioner shall be removed
only after they shall have been given a copy of the charges at least
10 days prior to the hearing thereon and had an opportunity to be
heard in person or by counsel. In the event of the removal of any
Commissioner, a record of the proceedings, together with the charges
and findings thereon, shall be filed in the office of the City Clerk.
To the extent applicable, the provisions of § 17.16, Wis.
Stats., relating to removal for cause shall apply to any such removal.
H.
Meetings; quorum; bylaws. All meetings of the CDA shall
be held in compliance with the provisions of Subch. IV of Ch. 19,
Wis. Stats., and this Code of Ordinances. Four Commissioners shall
constitute a quorum of the CDA for the purpose of conducting its business
and exercising its powers and for all other purposes. Action may be
taken by the CDA upon the affirmative vote of a majority of the Commissioners
present at any meeting of the CDA at which a quorum is present. No
vacancy in the membership of the CDA shall impair the right of a quorum
to exercise the powers and perform the functions of the CDA. The CDA
may adopt and from time to time amend or repeal such bylaws and other
rules and regulations not inconsistent with applicable law as it deems
necessary in the performance of its functions.
I.
Selection of officers, agents and employees.
1.
The CDA shall annually elect a Chairperson and Vice Chairperson from
among the Commissioners. Vacancies occurring in the office of Chairperson
or Vice Chairperson shall be filled from among the Commissioners for
the unexpired portion of the term.
2.
The CDA may employ technical experts and such other officers, agents
and employees, permanent and temporary, as it may require from time
to time in the performance of its duties and functions, within the
limits of the funds available for such purpose. The CDA may delegate
to one or more of its agents or employees such powers or duties as
may deem proper.
3.
The employees of the CDA shall be selected and serve under the provisions
of the City's civil service system and shall be subject to pertinent
civil service and personnel policies established for City employees
with equivalent duties and responsibilities unless the CDA:
4.
The CDA may call upon the City Attorney for such legal services as
it may require, and may also retain specialists to render legal services
as required by the CDA from time to time. The CDA may also contract
with the City or any other agency or entity, public or private, for
the provision of any necessary staff services associated with or required
by the CDA in the performance of its duties or functions which could
be performed by the staff of the CDA.
J.
City Assistance to CDA.
1.
The CDA is authorized to call upon any department, board, commission
or agency of the City for assistance and cooperation in the performance
of CDA's duties and functions. All City departments, boards, commissions
and agencies are hereby authorized and directed to cooperate with,
and furnish assistance to, the CDA in the performance of the CDA's
duties and functions to the extent that such cooperation does not
interfere with or disrupt the priorities and work programs of the
City agency.
2.
In the event that any department or commission or agency shall have
good cause for failing to comply with the request of the CDA for assistance,
the matter shall be referred to the Mayor's office and, if deemed
necessary, to the Common Council for adjudication.
3.
In addition, the CDA may contract with the City of Onalaska for performance
of such services as may be required by the authority in the performance
of its functions. In the event assistance is provided by the department,
board, commission or agency of the City, whether by contract or not,
the CDA shall agree to compensate the City of Onalaska for all services
rendered to the authority.
K.
Interested Commissioners or employees. No Commissioner
or employee of the CDA shall acquire any direct or indirect interest
in any project or in any property included or planned to be included
in any such project, nor shall they have any direct or indirect interest
in any contract or proposed contract for insurance, materials or services
to be furnished or used in any such project. If any Commissioner or
employee of the CDA owns or controls a direct or indirect interest
in any property included or planned to be included in any such project,
they shall immediately disclose the same in writing to the CDA, and
such disclosure shall be entered upon the minutes of the CDA, and
such Commissioner or employee shall not participate in any action
by the CDA relating to such property. Failure to so disclose such
interest shall constitute misconduct in office.
L.
Powers and duties of CDA.
1.
The CDA shall have all powers, duties and functions set out in §§ 66.1201,
66.1213 and 66.1333, Wis. Stats., for housing and redevelopment authorities,
and as to all housing projects initiated by the CDA, it shall proceed
under §§ 66.1201 or 66.1213, Wis. Stats., as applicable,
and as to all projects relating to blight elimination, slum clearance,
urban renewal and redevelopment programs, it shall proceed under §§ 66.1301
to 66.1327, 66.1333, 66.1337 or 66.1105, Wis. Stats., as determined
appropriate by the Common Council on a project-by-project basis.
2.
The CDA may, upon the direction of the Common Council, act as agent
of the City in planning and carrying out community development programs
and activities funded under the Federal Housing and Community Development
Act of 1974, as amended, and any or all community development programs
and activities initiated by the CDA and approved by the Mayor and
Common Council shall be undertaken and carried out pursuant to such
Act and other applicable law.
3.
The CDA may, upon the direction of the Common Council, act as agent
of the City in performing any or all acts, except the development
of the general plan of the City, which may otherwise be performed
by the Plan Commission under §§ 66.1301 to 66.1327,
66.1333, 66.1337 or 66.1105, Wis. Stats.
4.
In addition to the foregoing powers, duties and functions, the CDA
shall have such other powers, duties and functions related to community
development as are conferred on it by the Common Council from time
to time.
M.
Annual budget. An annual budget shall be established
by the CDA, which budget shall be subject to approval of the Finance
and Personnel Committee and the Common Council.
N.
Annual report. The CDA shall coordinate with City Staff
to include a summary of their yearly activities in the annual Planning
Department report.
O.
Evidence of authority. A certified copy of this section
shall be filed with the City Clerk and shall be prima facie evidence
of the CDA's right to transact business, and such ordinance shall
not be subject to challenge because of any technicality. In any suit,
action or proceeding commenced against the CDA, a certified copy of
such ordinance shall be deemed conclusive evidence that the CDA is
established and authorized to transact business and exercise its powers
hereunder and pursuant to § 66.1335, Wis. Stats.
P.
Construction. All powers, duties and functions of a
community development authority, as set forth in § 66.1335,
Wis. Stats., are deemed to have been granted to the CDA as though
set forth in this section, except as to those powers, duties and functions
which are subject to further authorization and direction of the Common
Council, as set forth herein.
Q.
Committees. The CDA shall create related committees
and boards on an as needed basis to assist in the implementation of
the powers and duties of the CDA as set forth above, including but
not limited to those powers conferred to a redevelopment authority
as set forth in § 66.1335, Wis. Stats., and such other duties,
powers and functions related to community development as are conferred
on it by the Common Council.
