City of Two Rivers, WI
Manitowoc County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 2, Ch. 5, of the 1981 Code). Amendments noted where applicable.]
A. 
Members.
(1) 
The City Plan Commission shall consist of the City Manager, who shall be its presiding officer, the City Engineer, a Council member and four citizens. The Council member of the Commission shall be elected by a majority vote of the members of the Council during each April.
(2) 
The four citizen members shall be appointed by the City Manager and confirmed by the Council for terms of three years. Terms expire on May 1.
(3) 
The members of the Commission shall receive no compensation for service on the Commission.
B. 
Organization and rules. A majority of the members shall be a quorum for the transaction of business, but no recommendation or approval shall be made without consent of a majority of the Commission. The Building and Zoning Director shall act as Secretary to the Commission.
C. 
Matters referred to Plan Commission. The powers and duties of the Plan Commission shall be as provided in § 62.23, Wis. Stats.
D. 
Fees. Fees for request for zoning district changes, Zoning Map amendments, Comprehensive Plan amendments, conditional use permits, establishment of planned unit development districts, recreational vehicle courts, and drive-in businesses shall be as established in Chapter 1-2, Fees.
A. 
How Board constituted. The Board of Appeals shall consist of five members appointed by the City Manager for staggered terms of three years, subject to confirmation of the City Council. The City Manager shall designate one of the members Chairperson. The City Manager shall appoint for staggered terms of three years two alternate members of the Board. Annually, the City Manager shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of conflict of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent. The members and alternates shall serve at such compensation as may be fixed by ordinance and shall be removable by the City Manager for cause upon written charges and after public hearing. If a quorum of the Board is present, the Board may take action as authorized under § 62.23(7)(e), Wis. Stats., by a majority vote of the members present.
B. 
Procedure. Meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board of Appeals may determine. The Chairperson or, in his absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
C. 
Minutes of proceedings. The Board of Appeals shall keep minutes of its proceedings and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Appeals and shall be a public record.
D. 
Appeals, how taken. An appeal shall be taken within 30 days of the date of the decision appealed from by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof, as well as due notice to the parties in interest, and shall decide the same within a reasonable time.
E. 
Powers of the Board of Appeals. The Board of Appeals shall have the powers provided in § 62.23(7)(e), Wis. Stats.
F. 
Expiration. No order of the Board of Appeals granting a variance shall be valid for a period longer than 12 months from the date of such order unless a permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period; provided, however, upon the written request of the applicant for a variance, the Board may authorize such period to be longer than 12 months, but in no case longer than 10 years.
[Amended 1-27-2020]
G. 
Conditions on development. The Board may impose conditions on development to eliminate or substantially reduce adverse impact of a project under consideration for a variance. Conditions may relate to project design, construction activities, or operation of a facility and must address and be commensurate with project impacts.
[Added 1-27-2020]
H. 
Fees. Fees for variances from Chapter 10-1, Zoning, the fire protection code, and Chapter 10-2, Floodplain Zoning, shall be as established in Chapter 1-2, Fees.
A. 
Appointment. The Police and Fire Commission shall consist of five citizens, one of whom shall be appointed annually by the City Manager for a five-year term.
B. 
Powers. The Police and Fire Commission shall be governed by § 62.13, Wis. Stats.
A. 
Members. The Board of Review shall consist of the City Manager, City Clerk, and three Council members appointed by the Council annually.
B. 
Compensation; meetings. The Board members shall receive $10 for less than a full-day session and $25 for a full-day session. The Clerk or City Manager shall receive no compensation. Board of Review meetings start on the fourth Wednesday in May and are adjourned from day to day.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
C. 
Statutory authorization. Section 70.47, Wis. Stats., is hereby adopted by reference.
D. 
Whenever the City Assessor, in the performance of the Assessor's duties, requests or obtains income or expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, such income and expense information provided to the Assessor shall be held by the Assessor on a confidential basis; except, however, that said information may be revealed to and used by persons: i) in the discharge of duties imposed by law, ii) 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 the performance of its official duties; or iii) pursuant to order of a court. Pursuant to § 70.47(7)(af), Wis. Stats., income and expense information provided to the Assessor under that section is not subject to the right of inspection and copying under § 19.35(1), Wis. Stats., unless a court determines that it is inaccurate.
A. 
Appointment. The Environmental Advisory Board shall consist of seven members. All Board members as well as a student member shall be appointed by the City Manager, subject to confirmation by the Council, except that the City Council shall appoint one member of the Council at the April organizational meeting.
B. 
Composition.
(1) 
Six citizen members shall be appointed to staggered two-year terms as follows: three members in even-numbered years; three members appointed in odd-numbered years; one Council member shall be named annually. Citizen board members shall be drawn from such fields as business, industry, organized labor and environmental organizations, as well as other citizens.
(2) 
A student member shall be appointed annually to serve throughout the school year. The student member shall act in an advisory role.
C. 
Secretary. A staff person from the Public Works Department shall serve as Secretary but shall have no vote.
D. 
Expiration of terms. All terms shall expire on May 1 of the year designated.
E. 
Duties. The Environmental Advisory Board (EAB) shall act as an advisory board to the Public Works Committee. The EAB shall recommend policy enforcement and information programs to assist the City Council in setting policy. Further, the EAB will act as a resource for City Manager, City Council, all City departments, the Plan Commission, and any other governing bodies or committees. The City Council and the City Manager may refer environmental actions to the Board to investigate and provide recommendations. If the Board wants to explore more issues above and beyond this, it can, but the Board needs to focus on the needs of the City Council and City Manager first.[1]
[1]
Editor's Note: Original Sec. 2-5-6, City Park Board, which immediately followed this section, was repealed and subsequent sections renumbered at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III).
The Advisory Recreation Board shall consist of seven citizens of the City, a youth representative, two Council members and the Recreation Director. The citizen members shall be appointed by the City Manager, subject to confirmation by the Council, for three-year terms. The terms shall be so staggered that no more than three citizen members are appointed annually. The youth representative shall be appointed by the City Manager, subject to confirmation by the Council for a one-year term. The Council members shall be appointed by the Council at its organizational meeting in April. All terms shall expire April 30 of the year. The Recreation Director shall serve as Secretary of the Board.
A. 
Findings and declaration of necessity. The City Council hereby finds and declares a need for blight elimination, slum clearance, urban renewal and community development programs and projects and housing projects, and that a housing and Community Development Authority functioning within the City of Two Rivers would constitute an effective, efficient means for carrying out such programs and projects.
B. 
Creation of Community Development Authority. Pursuant to § 66.1335, Wis. Stats., there is hereby created a housing and development authority to be known as the Community Development Authority of the City of Two Rivers. The Community Development Authority shall be deemed a separate body corporate and politic for the purpose of carrying out blight elimination, slum clearance, urban renewal programs and projects and housing projects.
C. 
Composition and procedures of Community Development Authority.
(1) 
Composition. The Community Development Authority shall consist of seven resident persons having sufficient ability and experience in the fields of urban renewal, community development and housing. These persons shall serve as Commissioners of the Community Development Authority.
(2) 
Appointment. The Commissioners shall be pointed by the City Manager with the confirmation of the City Council. Two of the Commissioners shall be members of the City Council and shall serve during their terms of office as Council members. The first appointments of the five non-Council members shall be for the following terms: two for one year and one each for terms of two, three, and four years. Thereafter, the terms of non-Council members shall be four years and until their successors are appointed and qualify. Vacancies shall be filled for the unexpired term as provided for in this Subsection C. Certificate of appointment of a Commissioner shall be filed with the City Clerk and shall be conclusive evidence of the due and proper appointment of such Commissioner.
(3) 
Officers. The Community Development Authority shall annually elect a Chairperson (President), Vice Chairperson (Vice President), Executive Director Secretary and Assistant Executive Director Secretary from among the Commissioners. The City Plan Commission shall assist in performing duties required by the Community Development Authority.
(4) 
Compensation. The Commissioners shall receive no compensation for their services, but shall be entitled to reimbursement for their actual and necessary expenses, including local travel expenses included in the discharge of their duties.
(5) 
Meetings, quorum and bylaws. All meetings of the Community Development Authority shall be held in compliance with the provisions of the Open Meeting Law[1] of the State of Wisconsin. Four Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the Community Development Authority upon the affirmative vote of a majority of the Commissioners present at any meeting. The Community Development Authority may adopt and from time to time amend or repeal such bylaws or other rules or regulations not inconsistent with the applicable laws of this chapter as it deems necessary in the performance of its functions and duties.
[1]
Editor's Note: See § 19.81 et seq., Wis. Stats.
(6) 
Powers and duties.
(a) 
The Community Development Authority has all powers, duties and functions set out in §§ 66.1201 and 66.1333, Wis. Stats., for housing and redevelopment authorities. As to all housing projects initiated by the Community Development Authority, it shall proceed under § 66.1201, and as to all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs, it shall proceed under §§ 66.1105, 66.1301 to 66.1329, 66.1331, 66.1333 or 66.1337, Wis. Stats., as determined appropriate by the Council on a project-by-project basis. As to all community development programs and activities undertaken by the City under the Federal Housing and Community Development Act of 1974,[2] the Community Development Authority shall proceed under all applicable laws and ordinances not inconsistent with the laws of this state. In addition, if provided in the resolution or ordinance, the Community Development Authority may act as agent of the City to perform all acts, except the development of the general plan of the City, which may be otherwise performed by the Planning Commission under §§ 66.1105, 66.1301 to 66.1329, 66.1331 or 66.1337, Wis. Stats.
[2]
Editor's Note: See 42 U.S.C. § 5301 et seq.
(b) 
In addition to the foregoing powers, duties and functions, the Community Development Authority shall have such other powers, duties and functions related to community development as are conferred upon the Authority by the City Council from time to time.
D. 
Termination of housing authority. There is currently no redevelopment authority or housing authority created under § 66.1201 or 66.1333, Wis. Stats., operating in the City of Two Rivers.
E. 
Controlling statute. This section of the Municipal Code is enacted pursuant to § 66.1335, Wis. Stats. Insofar as this section may be inconsistent with § 66.1335, the statute shall control.
A. 
Powers. The Municipal Library Board shall have the powers, functions, and duties provided under Ch. 43, Wis. Stats. Library operations and staff shall be subject to the rules and regulations established by the City Council and City Manager, where such rules and regulations are not inconsistent with Ch. 43, Wis. Stats.
B. 
Appointment and terms of office.
(1) 
Appointment. The Library Board shall consist of nine members, three of whom shall be appointed annually for three years by the City Manager, subject to City Council confirmation.
(2) 
Exception. Under § 43.54(c), Wis. Stats., the School District Administrator or his designee shall be a member of the Library Board. Every third year, the School District Administrator, or his designee, shall be appointed to the Library Board.
C. 
Vacancies. Vacancies on the Library Board shall be filled for the balance of the unexpired term of each office vacated by the appointing authority.
D. 
Limit on terms. No person shall serve more than six continuous years on the Library Board.
A. 
Composition. The Two Rivers Commission on Equal Opportunities in Housing shall consist of seven members, five members who are qualified electors of the City and who shall serve two-year terms. The members shall be jointly appointed by the Council President and City Manager, subject to Council confirmation. In even years, three members shall be appointed for terms of two years, and two members shall be appointed in odd years. The City Council shall elect two of its members to serve on said Commission at its annual organizational meeting.
B. 
Powers and duties. The Two Rivers Commission on Equal Opportunities in Housing shall have the following powers and duties:
(1) 
To adopt, amend, publish and rescind rules for governing its meetings and hearings, including an attempt at reconciliation prior to formal action, in accordance with established administrative law.
(2) 
To do all things necessary in the determination of whether complaints alleging any discriminatory practice prohibited by Chapter 3-6, Fair Housing, of this Code shall be referred to the City Attorney for appropriate legal remedy.
(3) 
To make full efforts to secure conciliation between the parties to any dispute arising under the jurisdiction of the Commission prior to any formal action and to refer its finding to the City Manager and City Attorney to carry out enforcement of Chapter 3-6, Fair Housing, of this Code.
(4) 
To refer its findings to the City Manager and City Attorney for its enforcement.
(5) 
To recommend any legislation necessary to further promote the purposes of Chapter 3-6, Fair Housing, of this Code and to file annual written reports of its work to the City Manager and the City Council.
A. 
Composition. The Business and Industrial Development Committee shall consist of nine members. Seven members shall be appointed to staggered three-year terms by the City Manager, subject to confirmation by the Council, in the following sequence: two members appointed in odd-numbered years, two members appointed in even numbered years, with an additional member appointed in every other odd-numbered year. Two Council members shall be elected annually by the City Council. Terms shall commence May 1.
B. 
Duties:
(1) 
To confer with and advise the Council, City Manager, and Plan Commission on all matters concerning the industrial development of the City.
(2) 
To advertise the industrial advantages and opportunities of the City within the means provided by any appropriations made therefor by the Council.
(3) 
To collect data and information as to the type of industries best suited to the City.
(4) 
To develop, compile and coordinate information regarding available areas suitable for industrial development.
(5) 
To encourage the proper zoning and orderly development of areas suitable for industrial development and to promote the interest of industrialization of such areas of the City.
(6) 
To aid the Council, City Manager, and Plan Commission in the attraction of new industries and in the encouragement of expansion by existing industries and businesses.
(7) 
To cooperate with all industries and businesses in the City in the solution of any community problems which they might have, and to encourage the management of such concerns to have a healthy and constructive interest in the City's welfare.
(8) 
To periodically survey the overall condition of the City from the standpoint of determining whether the City has a community climate and furnishes such services and facilities as are conducive to industrial and economic expansion.
(9) 
To recommend to the Council the leasing, sale or use of City-owned properties for industrial purposes.
A. 
Composition. The Committee on Aging shall consist of nine members. Eight members shall be appointed to three-year terms by the City Manager, subject to confirmation by the Council, in the following sequence: three members one year, three members the next year, and two members the following year. One member shall be elected annually to a one-year term by the City Council from among its members at its organizational meeting. All terms commence on May 1 in the year of appointment.
B. 
Duties. The Committee shall make recommendations to the Advisory Recreation Board and City Manager regarding the well-being of senior citizens.[1]
[1]
Editor's Note: Original Sec. 2-5-13, Capital Improvement Advisory Board, which immediately followed this section, was repealed and subsequent sections renumbered at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III).
A member of a board, commission or committee may be removed by the City Manager for inefficiency, neglect of duty, misconduct or malfeasance of office. The commissioner, committee member or board member shall be given a written statement of the charges and an opportunity to be heard by the City Manager. Such removal by the City Manager shall require the approval of the Council in those instances where the Council first provided confirmation and shall meet any statutory requirements.
A. 
Records. Every City board, committee and commission shall keep an accurate and complete record of its deliberations and actions. A copy of such records shall be filed with the City Manager after every meeting.
B. 
Meetings. Every City board, committee, and commission shall comply with the provisions of the State Open Meeting Law.[1]
[1]
Editor's Note: See § 19.81 et seq., Wis. Stats.