[Code 1992, § 2.01]
The City Council shall consist of the Mayor and eight Alderpersons,
two Alderpersons from each aldermanic district, who shall be elected
for two-year terms.
[Code 1992, § 1.10]
The City Council shall have all powers of the City not specifically
given to some other body or officer. Except as otherwise provided
by law, the City Council shall have the management and control of
the City property, finances, highways, streets, utilities and the
public service; may act for the government and good order of the City;
for its commercial benefit; for the health, safety, welfare and convenience
of the public; and may carry its powers into effect by license, regulations,
suppression, borrowing, taxation, special assessment, appropriation,
imposition of forfeitures and other necessary and lawful means. The
City Council may appoint such officials from time to time as may be
deemed necessary for the benefit of the community. In addition, the
City Council shall have the powers enumerated in W.S.A., § 62.11(5).
The powers hereby conferred shall be in addition to all other grants
and shall be limited only by express language.
[Code 1992, § 2.02; Ord. No. 98-13, § I, 12-14-1998]
(a)
Open Meeting Law requirements. Notice of every meeting of the City
Council, and every board, commission and committee of the Council,
shall be given to the public, to those news media who have filed a
written request for such notice, and to the official newspaper, or
to a news medium likely to give notice in the area, at least 24 hours
prior to commencement of the meeting. If such notice is impossible
or impractical, shorter notice may be given for good cause shown,
but in no case may notice be given less than two hours in advance
of the meeting. Every public notice of a meeting shall contain the
time, date, place and subject matter of the meeting.
(b)
Regular and special meetings. Regular meetings of the City Council
shall be held on the second and fourth Monday of each calendar month,
at 6:00 p.m. Any regular meeting falling on a legal holiday shall
be held on the next following secular day, at the same hour and place.
All meetings of the Council, including special and adjourned meetings,
shall be held in the City Hall. The Mayor may call a special meeting
by notifying members in a manner likely to give each member notice
of the meeting and providing the notice at least six hours before
the meeting. In the event the Mayor is unavailable to perform his
or her duties as Mayor, or the Council President, or the Council Vice
President are unavailable to act in the place of the Mayor, a special
meeting may be called by the approval of the majority Council members
remaining.
[Amended 1-23-2017 by Ord. No. 17-01; 8-24-2020 by Ord. No. 20-10]
(c)
Adjournments. The Council may, by a majority vote of those present,
but not less than three affirmative votes, adjourn from time to time
to a specific date and hour.
(d)
Meetings to be public. All meetings of the City Council and subunits
of the Council shall be open to the public as provided in W.S.A.,
§§ 19.81 through 19.89. Public notice of all such meetings
shall be given as provided in W.S.A., § 19.84.
[Code 1992, § 2.03]
(a)
Designated. The Mayor shall preside. In the absence of the Mayor,
the President of the Council shall preside. In the absence of both
the Mayor and the President, the Vice Chairman shall call the meeting
to order and preside.
(b)
Duties. The presiding officer shall preserve order and decorum, decide
all questions of order and conduct the proceedings of the meeting
in accordance with the parliamentary rules contained in Robert's Rules
of Order, Newly Revised, unless otherwise provided by statute or by
these rules.
(c)
Decisions, appeals from. Any member may appeal from a decision of
the presiding officer. An appeal shall be sustained by a two-thirds
vote of the Council.
[Ord. No. 94-9, § I(b), 5-9-1994]
During the Mayor's absence or inability to serve, the Council
President shall be acting Mayor and shall be vested with the powers
and duties of the Mayor, except the Council President may not approve
a Council act that the Mayor has vetoed. When presiding, the Council
President retains his right to vote as Alderperson.
[Code 1992, § 2.04]
(a)
Roll call; procedure when quorum not in attendance. As soon as the
Council is called to order, the Clerk shall proceed to call the names
of the members, noting who are present and who are absent, and record
the same in the proceedings of the Council. If there is not a quorum
present, the fact shall be entered on the journal and the Council
may adjourn; or the Mayor, or in his absence, the Clerk may issue
a process to any peace officer commanding him to summon the absentees
immediately.
(b)
Quorum. Two-thirds of the Alderpersons shall constitute a quorum.
The Mayor shall not be counted in computing a quorum.
[Code 1992, § 2.05; Ord. No. 95-8, § II, 5-22-1995; Ord. No. 99-13, § I, 8-9-1999; Ord. No. 03-15, §§ I,
II, 11-24-2003; Ord. No. 04-12, §§ I, II, 5-10-2004; Ord.
No. 07-20, § 1, 1-14-2008; amended 6-11-2012 by Ord. No. 12-12]
(a)
The business of the City Council shall be conducted in the following
order:
(1)
Call to order;
(2)
Pledge of Allegiance;
(3)
Roll call;
(4)
Awards, presentations and proclamations;
(5)
Reconsider business from previous meeting;
(6)
Comments from the public as allowed by W.S.A. § 19.84(2),
except for public hearing items limited to five minutes;
(7)
Acknowledgement of correspondence;
(8)
Consent agenda;
(9)
Adoption of ordinances and resolutions;
(10)
Licenses;
(11)
Planning Commission recommendations (no matter shall be brought
forward from the Plan Commission without an intervening one-week time
period);
(12)
Presentation of accounts;
(13)
Appointments;
(14)
Adjournment.
(c)
The City Clerk shall ensure that all items referred to the Council
by two Alderman, Mayor, Administrator, committees, boards, or commissions
are included in the agenda. Referrals from members of the Common Council
must be received by the Clerk two Fridays prior to the scheduled meeting.
A consent agenda may be included within the regular agenda for items
to be voted upon en bloc without discussion. Any item listed on the
consent agenda may be removed at the request of any member of the
Council. The request requires no second, is not discussed, and is
not voted upon. After a request is made, the item shall be placed
on the regular agenda under the proper category for discussion and/or
action.
[Amended 2-25-2013 by Ord. No. 13-05]
[Code 1992, § 2.06; amended 5-29-2012 by Ord. No. 12-08; 11-10-2014 by Ord. No. 14-08]
An Assistant City Clerk may be designated by the City Clerk
or the City Administrator. The Assistant City Clerk shall have those
duties as designated in § 62.09(11)(i), Wis. Stats., in
addition to such other duties prescribed by the City Council. The
Assistant City Clerk shall receive such compensation as the City Council
shall provide.
[Code 1992, § 2.07]
The deliberations of the City Council shall be conducted in
the following manner:
(1)
When two or more members simultaneously seek recognition, the presiding
officer shall name the member who is to speak first.
(2)
Except as provided by Section 2-42(a)(9), no person other than a member shall address the Council, except by vote of a majority of the members present.
(3)
No motion
shall be discussed or acted upon until it has been seconded unless
the rules permit one Alderperson to initiate action. No motion shall
be withdrawn without the consent of the person making the motion and
the person seconding it.
(4)
When
a question is under discussion, no action shall be in order except
the following motions, which shall have precedence in the order listed:
(5)
Any member
desiring to terminate debate may move the previous question, in which
event the presiding officer shall announce the question as: "Shall
the main question now be put?" If a majority of the members present
vote in the affirmative, the main question shall be taken without
further debate, its effect being to put an end to all debate and bring
the Council to a direct vote, first upon any pending amendments and
then upon the main question.
(6)
Any Alderperson
may demand an aye and nay vote on any matter, and such vote shall
be entered in the proceedings. A majority vote of all members of the
Council in favor of any proposed ordinance, resolution or appointment
shall be necessary for passage or approval unless a larger number
is required by statute. Except as otherwise provided by these rules,
a majority vote of those present shall prevail in other cases. The
Mayor shall not vote except in case of a tie.
(7)
A motion
to adjourn shall always be in order. A motion to adjourn or to lay
on the table and a call for the previous question shall be decided
without debate.
[Code 1992, § 2.08]
(a)
Any member voting with the prevailing side may move for a reconsideration
of the vote on any question at that meeting or at the next succeeding
regular meeting. A motion to reconsider being put and lost shall not
be renewed. An Alderperson may not change his vote on any question
after the result has been announced.
(b)
If the motion for reconsideration is made at the same meeting that
the vote on an agenda item was taken, then the actual reconsideration
of the issue can be made and voted upon at that same meeting.
(c)
If the motion for reconsideration is made and passed at the next
regularly scheduled meeting after the vote was taken on an agenda
item, then the issue must be placed on the agenda at a subsequent
scheduled and noticed City Council meeting.
(d)
After a motion for reconsideration has been made and passed, the
Council may refer the matter to a committee for further consideration
prior to the matter being placed on the agenda for action by the City
Council.
[Code 1992, § 2.09]
A call of the Council may be requested at any time by two or
more members, and absent members shall be sent for. A call shall not
be made after voting has commenced. When a call of the Council has
been requested and ordered, the door shall be closed until the report
of the police officer has been received and acted upon, or until further
proceedings under the call are dispensed with by a majority of the
entire Council.
[Code 1992, § 2.10]
Whenever any disturbance or disorderly conduct occurs in any
meeting of the Council, the presiding officer may cause the room to
be cleared of all persons guilty of such disorderly conduct except
the Alderpersons. If any Alderperson is guilty of disorderly conduct,
the presiding officer may order the police to take him into custody
for the time being or until the meeting adjourns. Such member may
appeal from such order to the Council as in other cases.
[Code 1992, § 2.11]
All demands or accounts shall be acted upon at the time of presentation
unless one or more members demands a reference.
[Code 1992, § 2.12; Ord. No. 08-02, 3-10-2008]
The standing committees of the council shall be:
Finance, Licensing and Regulation Committee;
Piers, Harbors, and Lakefront Committee;
Personnel Committee;
Public Works Committees.
The standing committees shall consist of five persons all of
whom shall be Aldermen and shall be appointed by the Mayor subject
to approval of Council.
The Mayor shall designate one of each committee's members as
the committee chairman.
The term for member shall be one year. Vacancies shall be filled
by appointment by the Mayor subject to approval of Council for the
unexpired term.
A member or members of each standing committee may be removed
by the Mayor with the approval of the Council.
Committee members shall serve without compensation other than
the regularly established salary as Aldermen.
Each standing committee shall adopt its own rules and procedures
that are consistent with the current edition of Robert's Rules of
Order and shall keep a written record and file a copy with the City
Clerk of all its minutes, resolutions, and proceedings.
The City Clerk shall prepare the agenda and provide timely public
notice, including date, place and agenda of all standing committee
meetings in accordance with state statutes.
All standing committees shall meet at City Hall unless a meeting
elsewhere is authorized by the Mayor or City Clerk.
A majority of the members of the committee shall constitute
a quorum for the transaction of business
The powers, duties, and responsibilities of each standing committee
are:
(1)
Finance, Licensing and Regulation Committee. The Committee shall
have the duties and powers set forth below:
[Amended 5-29-2012 by Ord. No. 12-08; 11-10-2014 by Ord. No. 14-08; 12-27-2016 by Ord. No. 16-23; 5-28-2019 by Ord. No. 19-06]
a.
Meeting. The Committee shall meet at 4:30 p.m. on the first and third
Tuesday of each month and additionally as called by the Chairman or
by a majority of the Committee. In the event of an election, the Committee
Chairman may reschedule a regular meeting.
[Amended 8-12-2020 by Ord. No. 20-09; 2-22-2021 by Ord. No. 21-01]
b.
Financial recommendations. The Committee shall meet to discuss and
make recommendations on the following or similar matters:
1.
City or utility financing for capital improvements, capital projects,
and capital equipment financing or leasing;
2.
Refinancing;
3.
Bond proceeds investing;
4.
Financial forecasting;
5.
Financing for housing development, economic development, or for tax
incremental financing;
6.
Bond counsel for financing, refinancing, financial evaluation, or
bond rating;
7.
Cooperate with the City Administrator, Comptroller, Treasurer, and
others in preparation and review of the annual City budget; and
8.
Consider and recommend all purchases of labor, services, supplies,
and materials exceeding $5,000 and all contracts made, except contracts
pursuant to W.S.A. § 62.15(2). No contract or purchase shall
be recommended except where sufficient funds have been appropriated
in the current budget to an official, department, board or commission
or to a particular fund. All purchases shall be made on the basis
of a written purchase order by the proper official department head,
board or commission.
c.
Financial duties. Receive and authorize payment of the monthly obligations
and payments of the City, provided such payments are authorized under
the approved annual budget or authorized amendments to the annual
budget of the City.
d.
Regulatory and licensing duties. The Committee shall be responsible
for recommendations of the following to City Council:
e.
Advise the City Council and City Administrator on matters relating
to technology, information and communications with the City, or as
referred by City staff or Council.
f.
Evaluate and make recommendations to the City Council related to
overall communications to the residents of the City of Lake Geneva
with the vision of establishing a system of communications that keeps
its residents reasonably well informed about the plans and actions
of the City.
g.
Advise the City Council on issues related to cable television pursuant
to applicable state and federal laws.
h.
Monitor the local cable television franchise and review service concerns
pursuant to the franchise agreement.
i.
Study the use of public access and government channels.
j.
Review and make recommendations concerning the City's website.
k.
Propose facilities and equipment needs necessary for video, electronic,
and digital information distribution to staff and to the public.
(2)
Piers, Harbors, and Lakefront Committee. The Committee shall consider
the following and shall have the duty to recommend action there as
to the City Council:
a.
All commercial and private pier and buoy leases, including wording,
length of lease, cost, and any other provisions.
b.
All rules and procedures pertaining to City leases, all activities
within or surrounding the Riviera piers, buoys, dinghy pads, launching,
trailer parking as part of boat launch fee and access road (if any)
to piers.
c.
Launch fees and annual beach passes.
d.
New construction and maintenance of beach piers, buoys, dinghy pads,
and boat launches.
e.
The Harbormaster or other person in charge of any lakefront activity
shall report to and cooperate with the Committee.
(3)
Personnel Committee.
a.
The Committee shall be responsible for negotiating all employment
contracts or agreements between the City of Lake Geneva and its employees,
excepting only those employees who are specifically governed by another
City committee or commission.
b.
The Committee shall make a recommendation to the City Council to
accept or reject employee contract or agreement offers. The City Council
shall have the sole power to accept or reject employee contracts or
agreements by a majority vote.
c.
The Committee shall be responsible for periodic evaluations, semiannual
and/or annual, of all City department heads except those governed
by another City commission, committee, or official.
d.
The Committee shall be responsible for all disciplinary matters involving
grievances, prohibitive practice complaints, work rule violations,
contract violations, and other matters including discharge or separation
for employment.
e.
The Committee shall be responsible for creating and recommending
to the City Council job descriptions for all City employees (except
police and fire), and such job descriptions shall be utilized when
advertising for and evaluating potential new and current employees.
f.
The Committee will interview all prospective exempt employees and all appointed officials of the City that are appointed by the City Council as set forth in Section 2-3 of the Municipal Code of the City of Lake Geneva. City department heads are those individuals responsible for the oversight of particular functions and employees of the City. City department heads shall be given the authority to hire and terminate employees within their department, provided that any hiring is done without violating budgetary constraints placed on their departments and any terminating is done within the guidelines established by the City of Lake Geneva Employee Handbook.
[Added 5-24-2010 by Ord. No. 10-05; amended 11-28-2011 by Ord. No.
11-32; 9-22-2014 by Ord. No. 14-05]
(4)
Public Works Committee. The Public Works Committee shall be responsible
for activities taking place on public property, rights-of-way, and
easements, and including the following:
[Amended 12-27-2016 by Ord. No. 16-21]
a.
Planning for maintenance, repairs and remodeling of all City-owned
facilities except those facilities under the control of the Utility
Commission and the Piers and Harbors Committee.
b.
Recommend repairs of City-owned facilities to be included in the
following year's budget.
c.
Determine by inspection or otherwise, not less than annually, the
need for repairs of each facility. Major repairs are to be included
in the proposed five-year capital improvement plan and approved by
the Common Council.
d.
Consult and cooperate with the Piers, Harbors, and Lakefront Committee,
Park Commission, Cemetery Commission, Library Board and any other
overlapping City committees.
e.
Superintend all public works and keep the streets, alleys, sidewalks,
storm sewers, public open spaces, and public related places in repair.
f.
Unusual use of streets. No building shall be moved through the streets
without a written permit therefor granted by the Board of Public Works,
except in cities where the Council shall, by ordinance, authorize
some other officer or officers to issue a permit therefor; said Board
shall determine the time and manner of using the streets for laying
or changing underground utilities in City rights-of-way or easements,
including electric, telephone, or gas pipes, cable television, or
placing and maintaining electric and telephone poles therein, provided
that its decision in this regard may be reviewed by the Council.
g.
Restoring streets. In case any corporation or individual shall neglect
to repair or restore to its former condition any street, alley or
sidewalk excavated, altered or taken up, within the time and in the
manner directed by the Board, said Board shall cause the same to be
done at the expense of said corporation or individual. The expense
thereof, when chargeable to a lot owner, shall be certified to the
City Clerk by the Board, and if not paid shall be carried into the
tax roll as a special tax against the lot.
h.
Manage all acquisition and maintenance of land for public parking
subject to approval of the City Council.
i.
Set up and maintain a system of operation for the municipal parking
system subject to approval of the City Council.
j.
With the approval of the Council, purchase, acquire, or lease land
in order to operate a municipal parking system.
k.
With the approval of the City Council the Committee shall construct,
extend, add to, improve, conduct, and operate the municipal parking
system for the parking of vehicles.
l.
The Committee may exercise the preceding duties in a manner it sees
fit, subject to approval of the City Council. The municipal parking
system shall include parking lots and other parking facilities upon
the public streets or grounds of the City.
[Code 1992, § 2.13; Ord. No. 07-20, § 1, 1-14-2008]
(a)
City Attorney to review. All proposed ordinances shall be submitted
to the City Attorney for review before action by the Council.
(b)
Reading. Unless otherwise requested by majority vote of the members present, all ordinances shall be read by title at two consecutive Council meetings before adoption by the Council, except the Council may suspend this rule under Section 2-52 and bring the matter up for action after the first reading.
[Amended 9-26-2011 by Ord. No. 11-28]
(c)
Publication. All general ordinances of the City and all regulations
imposing a penalty shall be published in the official paper of the
City once and shall be immediately recorded, with the affidavit of
publication, by the City Clerk in a book kept for that purpose. A
printed copy of such ordinance or resolution in any book, pamphlet
or newspaper and published or purporting to be published therein by
direction of the City Council shall be prima facie proof of due passage,
publication and recording of such ordinance or resolution.
(d)
Effective date. Unless otherwise provided, all ordinances shall take
effect and be in force from and after passage and publication; and
published copies of such ordinances shall have appended the date of
first publication.
[Code 1992, § 2.14]
The rules of this article shall not be rescinded or amended
unless the proposed amendment or motion to rescind has laid over from
a regular meeting, and then it shall require a vote of three-fourths
of all the members of the Council.
[Code 1992, § 2.15]
The rules of this article or any part of such rules may be temporarily
suspended in connection with any matter under consideration by a recorded
vote of three-fourths of the members present.
[Code 1992, § 2.16]
(a)
Tabled or deferred items may be placed on the agenda for the next
Council meeting by notifying the City Clerk by noon of the previous
Thursday. The Mayor, committee chairman of the responsible committee
or any two Alderpersons may make the request. The item will then be
placed on the agenda for the consideration of removing it from the
table.
(b)
The City Clerk will maintain a list of all tabled or deferred items.
A copy of the list will be provided the Mayor and Alderpersons with
the agenda for each meeting.
