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City of Brodhead, WI
Green County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Brodhead as Title 2, Ch. 4, of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Elections — See Ch. 38.
Code of Ethics — See Ch. 50.
Grievance procedures — See Ch. 71.
Mayor and Council — See Ch. 95.
Officers and employees — See Ch. 112.
A. 
How constituted. The Board of Review shall consist of the Mayor, the City Clerk-Treasurer and the members of the Common Council.
B. 
Objections to valuations to be written. No person shall be permitted to appear and make objection before the Board to the amount of valuation of any property unless objection thereto shall first have been made in writing and filed with the Clerk of the Board prior to the adjournment of public hearing by the Board.
C. 
Duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.46, 70.47 and 70.48, Wis. Stats.
D. 
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.
A. 
Membership and terms. Up to two members may be appointed who are residents of adjacent townships. Pursuant to § 43.54, Wis. Stats., the Library Board shall consist of seven members appointed by the Mayor, subject to confirmation by the Council, to serve three-year terms. One member shall be a school district administrator or his/her representative, and not more than one member of the Council shall serve on the Library Board at any one time.
B. 
Duties and powers.
(1) 
The Library Board shall have the duties and powers as prescribed by Ch. 43, Wis. Stats., and more particularly set forth in § 43.58, Wis. Stats. The Library Board shall appoint the Librarian, who shall appoint such other assistants and employees as the Library Board deems necessary, and prescribe their duties and compensation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The Library Board shall submit annually to the Council an itemized budget of the estimated expenses of the library for the following year.
A. 
Composition. The Common Council shall serve as the City of Brodhead Board of Health. The Council shall make a recommendation to the Mayor on appointing a competent and proper person who shall be, whenever the same is applicable, a reputable physician, who shall be the Health Officer of the City and who shall, during his/her term of office, be an ex officio officer of the Board.
B. 
Responsibilities.
(1) 
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 Brodhead to assume the general administration of health and sanitation laws and regulations in the City and to attend to the administration and enforcement of the health laws of the state and the rules and regulations prescribed by the State Department of Health Services and the ordinances of the City.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
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 Brodhead. 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.
A. 
Establishment. A Zoning Board of Appeals shall be appointed as specified in § 62.23(7)(e), Wis. Stats. The Zoning Board of Appeals shall consist of five members and two alternate members, appointed by the Mayor, subject to confirmation by the Common Council for a term of three years. The members shall be compensated as determined by the Council 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 Chairperson.
B. 
Powers. The Zoning Board of 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 Chapter 203, Building Construction, and Chapter 480, Zoning.
(2) 
To hear and decide special exceptions to the terms of Chapter 203, Building Construction, Chapter 455, Floodplain Zoning, and Chapter 480, Zoning, upon which the Zoning Board of Appeals is required to pass.
(3) 
To authorize, upon appeal in specific cases, such variance from the terms of Chapter 203, Building Construction, and Chapter 480, Zoning, 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 Chapter 480, Zoning, 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.
(4) 
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 Chapter 480, Zoning, for such public utility purposes which are reasonably necessary for the public convenience and welfare.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as in its opinion ought to be made. If a quorum is present, the Zoning Board of Appeals may take action by a majority vote of the members present. 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 six months from the date of such order unless a zoning permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. All hearings conducted by the said Board shall be open to the public. The Zoning Board of 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-Treasurer 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.
D. 
Offices. The Common Council shall provide suitable meeting space for holding the Zoning Board of Appeals hearings.
E. 
Appropriations. The Common Council shall appropriate funds to carry out the duties of the Zoning Board of Appeals, and the Board shall have the authority to expend, under regular procedures, all sums appropriated to it for the purpose and activities authorized herein.
A. 
Composition. The Plan Commission shall consist of the Mayor, who shall be the presiding officer, one Alderperson and five citizens.
B. 
Appointment.
(1) 
Election appointment of Alderperson members. At its annual meeting in April of each year, the Common Council shall, by a 2/3 majority vote of its members, elect one of its number as a member of the City Plan Commission for a period of one year from and after the first day of May next ensuing.
(2) 
Appointment and terms of citizen members. The five citizen members shall be appointed by the Mayor, subject to Council confirmation, on the third Tuesday of April in each year to hold office for a staggered term of three years commencing with the third Tuesday of April. No more than two such citizens' terms shall expire in any one year.
C. 
Organization of Commission. The Mayor shall serve as presiding officer. The Plan Commission shall organize by the election of a Vice Chairperson, Secretary and such other officers as may in its judgment be necessary.
D. 
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.
E. 
Duties.
(1) 
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.
(2) 
Mandatory referrals to Commission. The Common Council or officer of the City by 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 Ch. 236, Wis. Stats.; 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.
(3) 
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. 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.
F. 
Vacancies. Vacancies shall be filled by appointment for the remainder of the unexpired term in the same manner as appointment for the full term.
G. 
Compensation. Compensation shall be as established by the Common Council. Citizen members shall take the official oath as required by § 19.01, Wis. Stats., said oath to be filed with the City Clerk-Treasurer.
A. 
Creation. A Park Board for the City of Brodhead is hereby created.
B. 
Members and appointment.
(1) 
The Park Board shall consist of four members as follows: one Alderperson and three citizen members.
[Amended 4-19-2016]
(2) 
Each member shall have one vote, and a quorum shall consist of four members thereof.
(3) 
The Alderperson member of the Park Board shall be appointed by the Mayor in April of each year.
(4) 
The five citizen members shall be appointed by the Mayor subject to confirmation by the Common Council upon the reorganization of the Park Board to hold office for terms as follows: one member for a term of one year; two members for a term of two years; two members for a term of three years. The terms thus created shall expire on April 30, 1972. Thereafter, the terms will commence May 1 and be for a period of three years, each to expire alternately as herein provided.
C. 
Organization. As soon as all members of the first Board shall have been appointed and their appointments confirmed, the City Clerk-Treasurer shall give each appointee written notice stating the time and place for the first meeting, which shall be not less than 10 nor more than 30 days thereafter. At such meeting, the Board shall organize by electing from its members, excluding the Mayor, a President and a Secretary, each of whom shall hold office until his/her successor shall be elected and qualified. The City Clerk-Treasurer shall act as the Treasurer of said Board and shall not be required to give bond other than his/her regular bond, which said bond shall cover his/her duties as Treasurer of the Board. Thereafter, the annual meeting of the Board shall be held on the second Tuesday of May in each year, at which time the above officers shall be elected for terms of one year and until their respective successors are elected and qualify. Four members of the Board shall constitute a quorum for the transaction of business.
D. 
Powers and duties. The Park Board is empowered and directed:
(1) 
To govern, manage, improve and care for parks, parkways, boulevards and pleasure drives 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 those purposes.
(2) 
To acquire in the name of the City for park, parkway, boulevard or pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely or in trust, money, real or personal property, or any incorporeal right or privilege. Gifts to any City of money or other property, real or personal, either absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall be accepted only after they shall have been recommended by the Board to the Common Council and approved by the Council by resolution. Subject to the approval of the Common Council, the Board may 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, parkway, boulevard or pleasure drive purposes.
(3) 
Subject to the approval of the Common Council, to buy or lease lands in the name of the City for park, parkway, boulevard or pleasure drive 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. Every City is authorized, upon recommendation of its officers, board or body having the control and management of its public parks, to acquire by condemnation in the name of the City such lands within or without its corporate boundaries as it may need for public parks, parkways, boulevards and pleasure drives.
(4) 
To acquire and maintain such equipment as may be necessary to properly carry out its purpose.
(5) 
To promote recreational activity within the City as it may deem advisable and its budget may permit.
(6) 
To exercise such other powers and duties as shall be vested in it from time to time by the Common Council.
E. 
Compensation. Members and officers of the Board shall serve without salary or other compensation.
F. 
Restrictions. The Park Board shall not contract any liability on the part of the City in excess of the sums set apart for park funds, unless the same be expressly authorized by the Common Council.
[Amended 3-17-2015]
A. 
Creation. There is created a Law Enforcement Disciplinary Committee for the City of Brodhead.
B. 
Duties. The Law Enforcement Disciplinary Committee shall have the power to suspend, reduce, suspend and reduce or remove any Police Chief or other law enforcement officer of the City of Brodhead who is not probationary following the procedure set forth in § 62.13(5), Wis. Stats.
C. 
Composition. The Law Enforcement Disciplinary Committee shall consist of three members, two of whom shall constitute a quorum, and none of whom may be an elected or appointed official of the City or be employed by the City of Brodhead. Such Committee members shall receive compensation for serving on the Committee as may be determined from time to time by the Common Council.
[Amended 4-19-2016]
D. 
Term. The members of the Law Enforcement Disciplinary Committee shall serve a term of three years. The members of the Law Enforcement Disciplinary Committee shall be appointed by the Mayor subject to confirmation by the Council. Such appointments shall be made initially as follows: one member whose term shall end on April 30, 1987; two members whose terms shall end on April 30, 1988; and two members whose terms shall end on April 30, 1989. Thereafter, regular three-year terms shall commence on May 1 and be for a period of three years, with such term to end on April 30. No person may serve more than two successive terms.
E. 
Organization. The Law Enforcement Disciplinary Committee shall promulgate, in addition to those rules provided in § 62.13(5), Wis. Stats., such additional rules for the administration of disciplinary actions against members of the Brodhead Police Department as may be appropriate. The Committee shall keep a record of its proceedings.
[Amended 4-19-2016]
[Amended 3-17-2015]
A. 
Composition. The City of Brodhead Water and Light Commission shall consist of a Commission of three Commissioners to take entire charge and management of the Water and Light Utility of the City of Brodhead, together with one Alderperson ex officio member without voting power to act as liaison officer between the Commission and Common Council. Citizen members of the Commission shall be customers of the Brodhead Water and Light Commission. The Alderperson member shall be advisory only. The Commissioners shall be elected by the Council for three-year terms beginning on the first day of October, with the terms expiring successively so that one term expires each year. The advisory Alderperson member shall be placed on the Commission for a one-year term by appointment of the Mayor.
B. 
Powers. The Commission shall have the duties and powers as prescribed in § 66.0805, Wis. Stats., as presently adopted and as may be amended from time to time. The Commission shall appoint the Water and Light Utility.
A. 
Regular meetings; public notice. Every board, committee and commission created by or existing under the ordinances of the City shall fix a regular date, time and place for its meeting.
B. 
Notice of meetings.
(1) 
Every meeting of any board or commission of the City of Brodhead and/or any committee appointed or created by the Mayor or Common Council of the City of Brodhead shall be preceded by public notice and shall be held in open session at a place acceptable to the public in accordance with the provisions of Ch. 19, Subchapter V, Open Meetings of Governmental Bodies, Wis. Stats., unless otherwise authorized by law.
(2) 
Such notice shall be given in writing to the official newspaper and, in addition thereto, shall be posted in at least one location likely to give notice to the public of such meeting.
(3) 
A separate public notice shall be given for each meeting at a time and date reasonably proximate to the time and date of the meeting, but not less than 24 hours prior to the commencement of such meeting, unless, for good cause, such notice is impossible or impractical, in which case shorter notice may be given, but in no case may the notice be provided less than 2 hours in advance of the meeting.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Such notice shall set forth the time, date, place and subject matter of the meeting, including that intended for consideration at any contemplated closed session which may be authorized by law, and may be in the following form:
NOTICE OF MEETING
CITY OF BRODHEAD, WISCONSIN
(commission)
Please take notice that a meeting of the (commission) of the City of Brodhead will be held on _______________, _____, at _______ p.m., at the City Hall, to consider the following:
1.
(Agenda items set forth).
2.
Such other matters as authorized by law.
Dated:
By
(Commission)
The Brodhead City Hall is accessible to the physically disadvantaged. If special accommodations for visually or hearing impaired individuals are needed, please contact the Brodhead City Clerk-Treasurer at (608) 897-4018.
C. 
Notice to members. Every member of any board, commission or committee of the City of Brodhead shall be notified by the secretary thereof or designee that a meeting is to be held and the time and place of such meeting and the subject to be considered thereat. No member shall be intentionally excluded from any meeting by a failure to give proper notice or a reasonable attempt to give proper notice to such member.
D. 
Minutes to be kept. Every board, commission and committee shall keep a record of the minutes of its proceedings and shall cause a signed copy thereof to be filed by its secretary with the City Clerk-Treasurer within one week of the meeting date. The City Clerk-Treasurer shall furnish a copy of all minutes filed with him/her to the Mayor and to each member of the Common Council. All such minutes shall be public records.
A. 
Residency. Except for the Library Board, Historic Preservation Commission or Water and Light Commission, no person not a resident of the City of Brodhead shall be appointed in a voting capacity to any City board, committee or commission. Any such member who moves from the City shall be removed from such board, commission or committee, but may be appointed to serve in an ex officio capacity.
B. 
Attendance standard. Members of boards, committees and commissions are required to attend a minimum of 2/3 of the meetings in each six-month period of their respective bodies, unless excused by the membership of their body. Failure to comply with this subsection may result in the removal and replacement of the official found to be in noncompliance.
C. 
Member subject to removal. Any member of any board or commission who violates any provision of this section or who knowingly attends a meeting held in violation hereof may be removed as a member of such board or commission after being granted a public hearing by the appointing authority and upon concurrence of the Common Council.
A. 
Except as provided herein, the provisions of § 95-19 of the Code of the City of Brodhead relating to rules of procedure for the Common Council, together with Robert's Rules of Order, shall, as far as applicable, also apply to committee, board and commission meetings.
B. 
A simple majority of the members of a board, committee or commission shall constitute a quorum.