City of Two Rivers, WI
Manitowoc County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 2, Ch. 2, of the 1981 Code). Amendments noted where applicable.]
A. 
Powers of the Council. The City Council shall possess and exercise all legislative and general ordinance powers imposed and conferred by general law or special charter upon the City Manager and City Council and the various boards and commissions, not inconsistent with §§ 64.01 to 64.15, Wis. Stats., and in force at the time the City adopted the Council-Manager form of government, and such additional powers as are imposed and conferred by the Wisconsin Statutes. The City Council shall not have the power to enact special executive or administrative orders, it being the intent of §§ 64.01 to 64.15, Wis. Stats., to separate the legislative and executive powers of City government.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
B. 
Organization meeting; Council President.
(1) 
Following the regular City election, the City Council shall hold an organizational meeting on the third Tuesday in April. At the organizational meeting, the City Council shall select by majority vote one of its members to act as President and one as Vice President.
(2) 
The President shall be the presiding officer of the City Council and shall have a vote, but shall have no veto power. In the absence of the President and Vice President of the Council, the City Manager shall call the meeting to order and the Council members present shall elect one of their number President Pro Tempore.
(3) 
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 specified in § 2-2-2, unless otherwise provided by statute or by ordinances. The presiding officer may speak upon any question or make any motion if he vacates the chair and designates the Vice President to preside temporarily.
C. 
Regular meetings. The City Council shall hold its regular meetings on the first and third Monday of each month at 6:00 p.m. When any such day is a legal holiday, the City Council shall meet at 6:00 p.m. on the next regular business day.
D. 
Special meetings. Special meetings shall be called by the President of the City Council, any two Council members, or by the City Manager, legally notifying each member of the Council and complying with the notice requirements of the open meeting law.
E. 
Quorum. A majority of the members of the Council shall constitute a quorum, and a majority vote of all the members of the Council shall be necessary to adopt any ordinance or resolution.
F. 
Recording of votes. The ayes and noes shall be called and recorded on the vote upon every ordinance and resolution.
G. 
Order of business. The order of business for all meetings of the City Council shall be set by the City Council by resolution annually at each organizational meeting of the City Council. A majority vote of all members of the City Council shall be required for the adoption of such resolution.
H. 
Special business. If the City Council directs any matter to be the special business of a future meeting, the same shall have precedence over all other business at such meeting.
A. 
Robert's Rules of Order. Unless otherwise provided in this Code, the Council in its deliberations shall be governed by Robert's Rules of Order, Revised.
(1) 
No member shall address the Council until he has been recognized by the presiding officer. He shall thereupon address himself to the presiding officer and confine his remarks to the question under discussion. No member shall be interrupted except by a call to order. Visitors addressing the Council shall be limited by such restrictions established by the presiding officer to facilitate the business of the Council.
(2) 
When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first.
(3) 
When a member is called to order, he shall take his seat and shall not be allowed to proceed until the question of order is decided. No member shall speak more than two times at the same meeting on any questions except on leave of the Council President.
The rules of order shall only be suspended upon the request of a Council member, with the approval of the presiding officer, or by the presiding officer, except that if any member of the Council so requests, a majority vote of all the members shall be required.
A. 
Committee appointments. At the first regular meeting of the City Council, the Council President shall appoint Council members to each of the following standing committees:
(1) 
Personnel and Finance Committee. The Personnel and Finance Committee shall consist of three Council members, to be appointed by the Council President. The Council President will select the Committee Chairperson.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(2) 
Public Works Committee. The Public Works Committee shall consist of three Council members. The Council President shall select the Committee Chairperson.
(3) 
Public Utilities Committee. The Public Utilities Committee shall consist of three Council members, to be appointed by the Council President. The Council President shall select the Committee Chairperson.[1]
[1]
Editor's Note: Original Sec. 2-2-4(a)(4), Personnel Committee, which immediately followed this subsection, was repealed and the subsequent subsection renumbered at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III).
(4) 
Such other special committees as the Council President deems necessary.
B. 
Committee reports. Each committee shall at the next regular Council meeting submit a report on all matters requiring Council action. Such report shall recommend a definite action on each item and shall be approved by a majority of the committee members present at the time of voting.
A. 
Composition; terms. The City Council shall consist of nine members elected at large. Commencing with the election to be held in April 2007, Council members shall be elected for terms of three years on a staggered basis, until all Council members have been elected for three-year terms, in the following manner:
(1) 
At the spring election in 2007, the candidate receiving the most votes, the candidate receiving the second largest number of votes, and the candidate receiving the third largest number of votes shall serve for three-year terms, and the remaining two candidates receiving the fourth and fifth largest number of votes shall be elected for two-year terms; at the spring election in 2008, the candidate receiving the most votes, the candidate receiving the second largest number of votes, and the candidate receiving the third largest number of votes shall be elected to three-year terms, and the candidate receiving the fourth largest number of votes shall be elected for one year; at the spring election in 2009 and at each spring election thereafter, all candidates shall be elected for three-year terms.
(2) 
Council members shall serve until their successors are elected and qualify. By this chapter, the Charter Ordinance dated March 1, 1948, and published March 4, 1948, providing for two-year terms, is repealed.
The compensation of Council members shall be as determined by the Council from time to time, provided that such compensation shall not be inconsistent with the provisions of the Wisconsin Statutes.
A. 
Authority.
(1) 
Where in the judgment of the City Council it would be inappropriate to literally apply the requirements of any ordinance in the City's Municipal Code because exceptional circumstances exist, or because application of such requirement would create an undue hardship which would outweigh the benefit intended to be reached through compliance with such requirements, the City Council may, on written request, by written resolution, waive such requirements to the extent it deems just and proper, subject to the conditions and exceptions set forth in this chapter, after public hearing as provided in this chapter. An affirmative vote of 2/3 of the members of the Council shall be required to create such a waiver. If a waiver is granted, the reasons for the waiver shall be stated in the Council's minutes and in its resolution.
(2) 
Prior to granting any waiver, the Council shall hold a public hearing on the waiver requested. The hearing shall be preceded by a Class 1 notice as provided in Ch. 985, Wis. Stats. The person requesting the waiver shall pay a fee to be set by the Council by resolution at the time written request for waiver is made. Such fee may be modified by the Council by resolution from time to time. The written request shall state the reasons why a waiver is requested, and shall be delivered to the Council care of the City Manager's office.
B. 
Consideration. The Council shall consider the following factors in determining whether to waive the requirements of any ordinance, in addition to such other factors it considers relevant, and shall in its consideration of the waiver and in its written resolution state its findings as to each factor and whether such findings do or do not support granting a waiver:
(1) 
Whether the waiver would be consistent with the general intent of the chapter of the Municipal Code in which the ordinance in question appears.
(2) 
Whether the waiver would adversely affect the property in the surrounding areas.
(3) 
Whether the waiver would adversely affect the health, welfare or safety of the property owners or those residing in the surrounding area, or the public in general.
(4) 
Whether, instead of waiving the requirements of the ordinance in question, it would be better to amend or repeal that ordinance to address the circumstances to be accommodated by the proposed waiver.
(5) 
Whether the circumstance, hardship or situation to be addressed by the proposed waiver is unique and not applicable generally to other circumstances, hardships or situations.
(6) 
Whether the hardship for which a waiver is being sought has been created, in whole or in part, by the person or entity seeking a waiver.
(7) 
Whether a failure to grant a waiver will adversely affect the property rights or other legal rights of the person or entity seeking a waiver or for whom a waiver is sought.
(8) 
Whether the person or entity seeking a waiver is otherwise in compliance with all applicable ordinances, regulations and statutes.
C. 
Exceptions. The City Council shall not exercise its authority under this chapter in any of the following situations:
(1) 
Where the authority to grant a waiver or variance from the requirements of any ordinance is already granted to an official or some other governmental body by an applicable ordinance or statute.
(2) 
Where granting a waiver would violate an applicable and governing state regulation or statute or federal law.
(3) 
Where granting a waiver would be inconsistent with the requirement of an applicable ordinance in addition to that ordinance regarding which a waiver is proposed to be granted.
(4) 
Where, with respect to the request or circumstances being considered by the City Council, a citation has already been issued for violation of the ordinance in question or a legal action for enforcement of the requirement in question is already pending.
(5) 
Where the Council lacks the legal authority to grant such waiver.
D. 
Case-by-case decision. The Council's exercise of authority to waive ordinance requirements pursuant to this chapter shall be on a case-by-case basis, and any waiver granted shall be deemed limited to the specific circumstances or request addressed by the Council at the time a waiver is granted. The Council's decision to grant a waiver in one case shall not bind it to grant a waiver in any other instance. The Council may, if it desires and provided it may do so legally, make any waiver personal to the person or entity requesting a waiver, specify that such waiver does not extend to successors in interest to property and is not assignable, or provide that the waiver shall exist only for a particular period of time or is subject to compliance with conditions the Council imposes.
E. 
Severability. If any provision of this chapter is determined be illegal, such illegality shall not affect the application of the balance of the chapter, which shall continue to be in force and effect, unless the provision determined to be illegal is so essential to this chapter that its purpose cannot be accomplished if the illegal provision is severed.