Article I General Provisions

There is hereby created, pursuant to W.S.A. ch. 43, a Municipal Library Board for the City of Rice Lake, consisting of a seven-member board in three classes. Three of such members shall serve for a period of three years, two shall serve for two years and two shall serve for a period of one year.

Terms of such members shall be from July first in the year of their appointment, and thereafter each regular appointment shall be for a term of three years. Not more than one member of the Common Council body shall at any one time be a member of the Library Board. All other members shall be residents of the City of Rice Lake. Members shall be appointed by the Mayor, subject to confirmation by the Common Council. The Mayor shall appoint as one of the Library Board members a school district administrator, or his representative, to represent the public school district or districts in which the library is located.

A majority of the membership of the Board shall constitute a quorum.

As soon as practicable after the first appointments, at a date and place fixed by the appointing officer, and annually thereafter, within 30 days after the time designated in this section for the beginning of terms, the members of the Library Board shall organize by election from among their number a President and such other officers that they deem necessary to prescribe and adopt rules and regulations for the operation of the library.

Duties and powers. The Library Board shall have the duties and powers as prescribed by W.S.A. ch. 43 and more particularly set forth in W.S.A. s. 43.58.

State Law Reference: W.S.A. s. 43.54.

§ 7-3 Board of Health.

Composition. The City of Rice Lake Board of Health shall consist of the Mayor and the Common Council serving as a committee of the whole.

Officers. The Mayor shall serve as the Chairman of the Board of Health.

Power of appointment. The Board of Health may appoint persons to aid it.

Responsibilities.

The Board of Health shall take such measures as shall be most effectual for the preservation of the public health. It shall be the duty of the Board of Health of the City of Rice Lake to assume the general administration of health and sanitation laws and regulations in the city, to supervise the work of the Health Officer and to attend to the administration and enforcement of the health laws of the state and the rules and regulations prescribed by the State Board of Health and the ordinances of the city.

Powers. The Board shall take such measures and make such rules and regulations as shall be necessary and effectual for the preservation and promotion of the public health in the City of Rice Lake. All orders and regulations of the Board shall be published in the official newspaper and, after publication, shall have the force and effect of ordinances, including penalty for violation.

§ 7-4 Zoning Board of Appeals.

Establishment. A Zoning Board of Appeals shall be appointed as specified in W.S.A. s. 62.23(7)(e). The Zoning Board of Appeals shall consist of five members who are residents of the city appointed by the Mayor subject to confirmation by the Common Council. Two alternate members shall also be appointed, subject to Council confirmation. The members shall serve without compensation and shall be removable by the Common Council for cause upon written charges and upon public hearing. The Mayor shall designate one of the members Chairman.

Powers.

The Zoning Board of Appeals shall have the following powers:

(a)

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the City Zoning Code.[1]

Editor's Note: See Ch. 260, Zoning.

(b)

To hear and decide special exceptions to the terms of the City of Rice Lake zoning and floodplain zoning regulations[2] upon which the Zoning Board of Appeals is required to pass.

[2]

Editor's Note: See Ch. 257, Floodplain Zoning.

(c)

To authorize, upon appeal in specific cases, such variance from the terms of the city zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the Zoning Code shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district.

(d)

To permit the erection and use of a building or premises in any location, subject to appropriate conditions and safeguards in harmony with the general purposes of the Zoning Code, for such purposes which are reasonably necessary for public convenience and welfare.

The Zoning Board of 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 in the circumstances. The concurring vote of four members of the Zoning Board of 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 Zoning Code. The grounds of every such determination shall be stated and recorded. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than one year from the date of such order unless the land use permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

[Amended 1-25-2000 by Ord. No. 00-3]

Meeting and rules. All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings conducted by said Board shall be open to the public. The Board 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 examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. The Board shall adopt its own rules of procedure not in conflict with this section or with the applicable Wisconsin statutes.

Offices. The Common Council shall provide suitable offices for holding of hearings and the presentation of records, documents and accounts.

Appropriations. The Common Council shall appropriate funds to carry out the duties of the Board, and the Board shall have the authority to expend, under regular procedure, all sums appropriated to it for the purpose and activities authorized herein.

§ 7-5 Plan Commission.

Composition. The Plan Commission shall consist of the Mayor, the President of the Board of Parks, Recreation and Cemeteries, an Alderman and four citizens who are residents of the city.

[Amended 9-12-1995 by Ord. No. 808]

Appointment.

The Alderman member of the Commission shall be elected by a two-thirds vote of the Common Council and during each April thereafter.

Citizen members. The four regular citizen members of the Commission shall be appointed by the Mayor, subject to confirmation by the Common Council. The original citizen members shall be appointed upon creation of the Commission and shall hold office for a period of one, two and three years, respectively, from the succeeding first day of May, and thereafter annually during the month of April such member shall be appointed for a term of three years.

Organization of Commission. The Mayor shall serve as presiding officer. The Plan Commission shall organize by the election of a Vice Chairman, Secretary and such other officers as may in its judgment be necessary. All the members of the Plan Commission, other than Aldermen, shall serve as such without compensation, except that if the Common Council deems advisable, the Secretary may receive such compensation as may be fixed from time to time by the Council and provided for in the appropriation ordinance (annual budget).

Record. The Plan Commission shall keep a written record of its proceedings, to include all actions taken, a copy of which shall be filed with the City Clerk-Treasurer. Four members shall constitute a quorum, but all actions shall require the affirmative approval of a majority of all of the members of the Commission.

Duties.

The Master Plan.

(a)

The Plan Commission may make, adopt and, as necessary, amend, extend or add to the Master Plan, subject to Common Council confirmation, for the physical development of the city, including areas outside of its boundaries which, in the Plan Commission's judgment, bear relation to the development of the city. The Master Plan, with the accompanying maps, plats and descriptive and explanatory matter, shall show the Commission's recommendations for such physical development and may include, among other things, without limitation because of enumeration, the general location, character and extent of streets, highways, freeways, street grades, roadways, walks, parking areas, public places and areas, parks, parkways, playgrounds, sites for public buildings and structures and the general location and extent of sewers, water conduits and other public utilities, whether privately or publicly owned, the acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals, the general location, character and extent of community centers and neighborhood units and a comprehensive zoning plan.

(b)

The Commission may adopt the Master Plan as a whole by a single resolution or, as the work of making the whole Master Plan progresses, may from time to time by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the Plan Commission, subject to confirmation by the Common Council. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Commission, and a copy of the plan or part thereof shall be certified to the Common Council. The purpose and effect of the adoption and certifying of the Master Plan or part thereof shall be solely to aid the Plan Commission and the Common Council in the performance of their duties.

Mandatory referrals to Commission. The Common Council or officer of the city having final authority thereon shall refer to the Plan Commission, for its consideration and report before final action is taken by the Council, public body or officer, the following matters: the location of any statue or other memorial; the location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public ways, park, playground, airport, area for parking vehicles or other memorial or public grounds; the location, extension, abandonment or authorization for any public utility, whether publicly or privately owned; all plats of lands in the city or within the territory over which the city is given platting jurisdiction by W.S.A. ch. 236; the location, character and extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion or vacation camps for children; and the amendment or repeal of any land use ordinance. Unless such report from the Commission is made within 30 days, or such longer period as may be stipulated by the Common Council, the Council or other public body or officer may take final action without it.

§ 7-6 Board of Parks, Recreation and Cemeteries.

Miscellaneous powers. The Commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the Common Council programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the Commission, within a reasonable time, such available information as it may require for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys and place and maintain necessary monuments and markers thereon. In general, the Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning in cooperation with the Common Council.

State Law Reference: W.S.A. s. 62.23.

[Amended 8-13-2013 by Ord. No. 13-09]

Members.

The Board of Parks, Recreation and Cemeteries shall consist of an Alderman appointed annually by the Mayor, a member of the Board of Education appointed annually by the Mayor, and six citizens who are residents of the City appointed by the Mayor for four-year terms, with the terms staggered so that no more than one citizen shall be appointed each year.

[Amended 11-9-2021 by Ord. No. 21-08]

All appointments by the Mayor shall be subject to confirmation by the Common Council. The Alderman member shall serve as Chairman. The Community Service Department Director, or his or her designee, shall be Secretary of the Board, shall take minutes, but shall not be a voting member.

Powers and duties. The Board shall have all the powers conferred by law upon park, recreational and cemetery boards in cities of the fourth class and shall be chargeable with all the duties so required, such as to recommend and supervise work and administration of all parks, cemeteries, playgrounds and recreational activities used for such purposes within the City. This charge shall include all properties which are used for parks, cemeteries, playgrounds and recreational activities, even if the said parks are not dedicated as parks to the City. The Board of Parks, Recreation and Cemeteries is specifically empowered and directed to:

Govern, manage, control, improve and care for all public parks and properties used as 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 and also to adopt rules and regulations to promote these purposes, including use of public parks for such recreational activities as the Board designates.

To govern, manage, and control the use of said public parks by the public for various recreation activities and to provide for the orderly recreational use of those properties which are designed for said uses.

To govern, manage, and control all cemeteries within the City, all cemeteries which are publicly owned and to provide for the proper maintenance and transfer of said lots within said cemetery to and from City and citizens or to and from citizens to other citizens.

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 other incorporeal right or privilege, provided that gifts to the City of money or other property, real or personal, either absolutely or in trust, for park purposes (only) shall be accepted only after they have been recommended by the Board to the Common Council and approved by said Common Council by resolution.

Buy or lease lands in the name of the City for park and recreational and cemetery purposes within or without the City and, with the approval of the Common Council, to sell or exchange property no longer required for its purposes.

Execute every trust imposed upon the use of property or property rights by the deed, testament or other conveyance transferring the title of such property to the City for park or other purposes.

(7)

Confer with recreational associations and groups and their representatives for the purpose of maximizing use of public properties under management and control of the Board for the specific recreational activities for which the properties have been designed, constructed, maintained and used.

(8)

Establish regulations to insure proper public use of parks and other properties under the Board's control.

(9)

Do such other and further duties as may be necessary for the proper carrying out of the purposes of the Board, to wit, governing, managing, and controlling the use of all properties used as parks and for recreational activities within the City of Rice Lake, and for the perpetual maintenance of cemeteries of the City.

Record. The Board of Parks, Recreation and Cemeteries shall keep a written record of its proceedings, to include all actions taken, a copy of which will be filed with the City Clerk-Treasurer.

§ 7-7 (Reserved) [1]

Editor's Note: Former § 7-7, Airport Commission, as amended, was repealed 3-26-2013 by Ord. No. 13-01.

§ 7-8 Police and Fire Commission.

[Amended 1-25-2000 by Ord. No. 00-3]

The Police and Fire Commission shall consist of five citizens who are residents of the city, three of whom shall constitute a quorum. The Mayor shall annually, between the last Monday of April and the first Monday of May, appoint, in writing, to be filed with the Secretary of the Commission, one member for a term of five years. No appointment shall be made which will result in more than three members of the Commission belonging to the same political party. The Commission shall keep a record of its proceedings. The Police and Fire Commission shall have the power and authority prescribed by W.S.A. s. 62.13 and this Code.[1]

Editor's Note: See Art. II, Police and Fire Commission, of this chapter.

§ 7-9 (Reserved) [1]

Editor's Note: Former § 7-9, Community Development Block Grant (CDBG) Committee, was repealed 5-14-2020 by Ord. No. 20-03.

§ 7-10 Rice Lake Housing Authority.

Appointment, qualifications and tenure of Commissioners.

The Mayor shall, with the confirmation of the Council, appoint five persons who are citizens of the city as Commissioners of the Housing Authority. No Commissioner may be connected in any official capacity with any political party, nor shall more than two be officers of the city.

The Commissioners who are first appointed shall be designated by the Mayor to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment. Thereafter, the term of office shall be five years. A Commissioner shall hold office until his successor has been appointed and has qualified. Vacancies shall be filled for the unexpired term in the same manner as other appointments. Three Commissioners shall constitute a quorum. The Mayor shall file with the City Clerk-Treasurer a certificate of the appointment or reappointment of any Commissioner, and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner, if such Commissioner has been duly confirmed as herein provided and has duly taken and filed the official oath before entering upon his office. A Commissioner shall receive no compensation for his services, but he shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties.

Selection of officers. When the office of the first Chairman of the Authority becomes vacant, the Authority shall select a Chairman from among its members. The Authority shall select from among its members a Vice Chairman, and it may employ a Secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. The Authority may call upon the City Attorney or chief law officer of the city for such legal services as it may require. The Authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.

The Rice Lake Housing Authority shall have all the power and perform all of the duties conferred upon it by W.S.A. s. 66.40.

§ 7-11 Economic Development Committee.

[Added 4-12-2011 by Ord. No. 11-04][1]

Council member. The Mayor shall appoint, subject to confirmation of the Common Council, three alderpersons to the committee.

Other members. The designated Council members shall invite participation from groups or individuals with an interest in economic development within the City of Rice Lake. Examples of such groups are: Rice Lake Development Corporation, Main Street Association, Tourism, Rice Lake Chamber of Commerce, Barron County Economic Development Corporation, Rice Lake School District, UW-BC and WITC. Membership is not limited to the groups listed.

Goals and purpose:

Facilitate the creation of a strategic economic development plan for the City of Rice Lake.

Gain acceptance, involvement and ongoing support for the strategic economic development plan from a wide variety of groups, individuals and organizations.

§ 7-12 Extraterritorial Zoning Committee.

Editor's Note: Former § 7-11, Commission on Aging, was repealed 3-28-2000 by Ord. No. 00-2.

[Amended 1-25-2000 by Ord. No. 00-3]

Three of the four citizen members of the Plan Commission, who are designated by the Mayor, shall be the city's representatives on the Extraterritorial Zoning Committee. Such Committee shall have the power and authority prescribed by W.S.A. s. 62.23(7a)(c) through (g).

§ 7-13 Tourism Commission.

[Amended 4-22-1997 by Ord. No. 838; 2-28-2023 by Ord. No. 23-05]

Creation. Pursuant to Wis. Stats. § 66.0615(1m), the City of Rice Lake has established a Tourism Commission.

Composition. The Tourism Commission shall consist of five members. The members shall consist of one Alderperson, a minimum of one representative of the Wisconsin hotel and motel industry, and up to three members at large. All members of the Tourism Commission shall be appointed by the Mayor, subject to Common Council approval, for one-year terms and shall serve at the pleasure of the Mayor. Members may be reappointed for additional terms.

Officers. At the first meeting following the annual reorganization meeting of the Common Council, the members of the Tourism Commission shall elect the Chairperson, Vice Chairperson, Secretary, and Treasurer of the Tourism Commission in accordance with the Tourism Commission's bylaws. No member may serve two consecutive terms as Chairperson.

Powers and duties.

The Tourism Commission shall have all of the powers and duties provided under Wis. Stats. § 66.0615 and any other applicable statutes and/or City ordinances. The Tourism Commission shall work toward the goals of tourism promotion and tourism development in the City of Rice Lake.

The Tourism Commission shall be responsible for creating and administering a written room tax grant application process. The application must include general guidelines, funding guidelines, eligibility criteria, and information regarding payment of grant funds.

Bylaws. The Tourism Commission shall establish bylaws to guide its efforts to achieve the goals of tourism promotion and tourism development. The Common Council must approve the Tourism Commission's bylaws and any amendments to the bylaws. At least every five years, the Tourism Commission's bylaws must be reviewed and approved by the Common Council.

Reporting. All minutes of the Tourism Commission must be received by the City Clerk-Treasurer within 14 calendars days of approval of such minutes by the Tourism Commission.

§ 7-14 (Reserved) [1]

Editor's Note: Former § 7-14, Citizens Advisory Board, was repealed 3-28-2000 by Ord. No. 00-2.

§ 7-15 Cable Television Commission.

Regulatory authority. The city shall exercise appropriate regulatory authority under the provisions of the franchise ordinance[1] and applicable law. Regulation shall be exercised through a duly established board of Commissioners.

Editor's Note: See Ch. A262, Cable Television Franchise.

Composition of Commission. The Cable Commission shall consist of five members appointed by the Mayor and subject to confirmation by the City Council. One Commissioner shall be an Alderman of the Common Council who shall serve as the Commission's Secretary. The remainder of the members shall be selected from citizens at large.

[Amended 11-9-2021 by Ord. No. 21-09]

Term of office. The Commissioners who are first appointed shall be designated by the Mayor to serve for terms of one, two and three years, respectively, from the date of their appointment. Thereafter, the term of office shall be three years. A Commissioner shall hold office until his or her successor has been appointed and has qualified. Vacancies shall be filled for the unexpired term in the same manner as other appointments. The Alderperson shall be annually appointed by the Mayor to a one-year term. All terms shall commence on May 1 of the year of appointment.

Duties of the Commission are to:

Identify the future cable-related needs and interests and review the performance of the cable operator under the franchise during the current franchise term.

Negotiate future agreements.

Meet quarterly after the new franchise agreement is consummated to ensure that the needs of the city cable subscribers are met under the terms of the cable franchise agreement.

Regulate the activities and duties of the cable director.

Approve the Cable Commission annual budget.

§ 7-16 Business Improvement District Board of Directors.

Recommend to the City Council all matters of legislation and regulation concerning cable television.

Members. The Business Improvement District Board of Directors shall consist of seven members appointed by the Mayor, subject to confirmation by the Common Council. Representation upon the Board of Directors shall be four owner-occupants and three non-owner-occupants. Members of the Board of Directors shall either own or occupy properties within the Business Improvement District that is subject to the special assessment. Members of the Board of Directors shall serve staggered three-year terms of office. Initially, appointments to the Board of Directors shall consist of two members whose term shall expire in April 1991, two members whose term shall expire in April 1992 and three members whose term shall expire in April 1993.

Powers and duties. The Business Improvement District Board of Directors shall have the powers and duties as set forth in W.S.A. s. 66.608(3). The Board of Directors shall also have the right to create its own bylaws and elect its own officers if it so chooses.

§ 7-17 Americans with Disabilities Act (ADA) Compliance Committee.

Membership. The ADA Compliance Committee shall consist of seven members appointed by the Mayor, subject to confirmation by the Common Council. Members of the Committee shall serve staggered three-year terms of office. Initially, the term of office for two members of the Committee shall expire in April 1993, for two members shall expire in April 1994 and for three members shall expire in April 1995. Committee members may be reappointed for additional terms of office. Representation on the Committee shall be as follows:

One Alderman.

One member of the disabled community.

One member from sectors such as nonprofit entities, housing or nursing homes or private transportation services.

One member from the health/medical profession.

Three citizen at large members who are residents of the City of Rice Lake.

The city's ADA designated local government official as an ex officio, nonvoting member.

Powers and duties. The ADA Compliance Committee shall have the following powers and duties:

It shall elect from its membership a Chairman and Secretary and any other officers necessary to carrying out its responsibilities.

It may establish advisory or ad-hoc committees necessary to carrying out its responsibilities.

It shall hear all ADA complaints appealed to it by a complainant who is not satisfied by a decision rendered by the designated local government official.

It shall establish ground rules or procedures for hearing complaints, requests or suggestions from disabled persons regarding access to and participation in public facilities, services, activities and functions that the City of Rice Lake is involved with.

It shall hear all complaints in public, after adequate notice is given, in an unbiased, objective manner.