City Council Meeting — Agenda Packet

City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 CITY COUNCIL MEETING IN PERSON AND VIA ZOOM TUESDAY, SEPTEMBER 15, 2026 – 7:00 PM CITY HALL – SECOND FLOOR https://us02web.zoom.us/j/5997866403?pwd=alcreldSbGpNUVI1VnR1RWF5bXovdz09&omn=85105919995 Meeting ID: 599 786 6403 Passcode: 53538 Dial by Location +1 312 626 6799 If you have special needs or circumstances which may make communication or accessibility difficult at the meeting, please call (920) 397-9901. Accommodations will, to the fullest extent possible, be made available on request by a person with a disability. AGENDA 1. Call meeting to order 2. Roll call 3. Pledge of Allegiance 4. Consent Agenda: The Consent Agenda outlined below is hereby presented for action by the City Council. Items may be removed from the Consent Agenda on the request of any one Council member. Items not removed may be adopted by one action without debate. Removed items may be taken up either immediately after the Consent Agenda or placed later on the agenda at the discretion of the Council President. a. Review and possible action relating to the minutes of the September 1, 2026, City Council meeting (Ebbert, Clerk/Treasurer/Finance Director) b. Review and possible action relating to the minutes of the September 10, 2026 Transportation and Traffic Review Committee (Ebbert, Clerk/Treasurer/Finance Director) c. Review and possible action relating to building, plumbing, and electrical permit report for August 2026 (Draeger, Director of Neighborhood and Building Services) d. Review and possible action relating to the City Clerk-issued License and Permit Report for September (Ebbert, Clerk/Treasurer/Finance Director) e. Review and possible action relating to City Sewer, Water, and Stormwater Utility Page 1 of 194 Financial Statements as of August 31, 2026 (Ebbert, Clerk/Treasurer/Finance Director) f. Review and possible action relating to a Temporary Retailer's License for Rotary Club of Fort Atkinson Wine Walk, on October 17, 2026. (Ebbert, Clerk/Treasurer/Finance Director) g. Review and possible action on a Special Event: Rotary Wine Walk Saturday, Oct. 17, 2026, from 12:00-4:00 pm in downtown Fort Atkinson (Ebbert, Clerk/Treasurer/Finance Director) h. Review and possible action on a Special Event: Haunted Hike Friday, Oct. 16, 2026 and Saturday, Oct. 17, 2026 from 6 to 9 pm at Haumerson's Pond (Ebbert, Clerk/Treasurer/Finance Director) i. Review and possible action on a Special Event: HFH Fill-A-Truck, Thursday, October 11, 2026 from 10:00 am - 2:00 pm (Ebbert, Clerk/Treasurer/Finance Director) j. Review and possible action on a Special Event: Chamber of Commerce, Holiday Parade, Sunday, December 6, 2026, 4:03 p.m. - 6:00 p.m. (Ebbert, Clerk/Treasurer/Finance Director) k. Review and possible action on a Special Event: Kiwanis Trunk or Treat, Saturday, October 31, 2026, 6:00 - 8:00 pm at Jones Park (Ebbert, Clerk/Treasurer/Finance Director) l. Review and possible action relating to Citizen Appointments to Boards, Commissions and Committees (Houseman, City Manager) m. Review and possible action on a Special Event: Fort Nutrition You Matter: Suicide Prevention 1-mile walk Sunday, September 27, 2026 from 9 am to 12 pm at Fort Nutrition and the Bike path (Ebbert, Clerk/Treasurer/Finance Director) 5. Public Hearings 6. Public Comment for Matters on the Agenda: The City Council will receive comments from City residents. Comments are generally limited to three minutes per individual. Anyone wishing to speak is required to sign up in advance or state the following items for the record when called upon: name, address, and contact information. No action will be taken on any public comments unless the item is also elsewhere on the agenda. 7. Petitions, Requests, and Communications a. Presentation: Affordable Housing Program (Kristen Fish-Peterson, Redevelopment Resources) b. Presentation: City of Fort Atkinson Adopt a Storm Drain Program (Navin, Director of Public Works) 8. Resolutions and Ordinances Page 2 of 194 a. Review and possible action relating to a Resolution requesting exemption from the County Library Tax for the City of Fort Atkinson (Houseman, City Manager) b. Second and possible third/final reading of an Ordinance regarding an amendment to Section 6-33 of the City of Fort Atkinson Municipal Code relating to provisional operator licenses (Ebbert, Clerk/Treasurer/Finance Director) c. Third/final reading and possible adoption of an Ordinance to amend Section 58-148 of the City of Fort Atkinson Municipal Code relating to the sale of tobacco, nicotine products, electronic smoking devices, and electronic smoking device paraphernalia near certain locations (Bump, Police Chief) d. Third/final reading and possible adoption of an Ordinance to amend multiple sections of Chapter 62 of the City of Fort Atkinson Municipal Code of Ordinances relating to park regulations (Dayton, Director of Parks and Recreation) e. First reading of an Ordinance amending Chapter 94, Article VIII, Division 6 Stopping, Standing and Parking (Lindsey, Police Captain) f. First reading of an Ordinance amending the Stormwater Utility Ordinance, Chapter 98 of the City of Fort Atkinson Municipal Code (Navin, Director of Public Works) g. First reading of an Ordinance to Amend Section 18-256 of the City of Fort Atkinson Code of General Ordinances relating to Camping Units (Draeger, Director of Neighborhood and Building Services) 9. Reports of Officers, Boards, and Committees a. City Manager’s Report (Houseman, City Manager) 10. Unfinished Business a. Review and possible action relating to the Affordable Housing program (Houseman, City Manager) 11. New Business 12. Miscellaneous 13. Public Comment for Matters Not on the Agenda: The City Council will receive comments from City residents. Comments are generally limited to three minutes per individual. Anyone wishing to speak is required to sign up in advance or state the following items for the record when called upon: name, address, subject matter, and contact information. No action will be taken on any public comments. 14. Claims, Appropriations and Contract Payments a. Review and possible action relating to the Verified Claims presented by the Director of Finance and authorization of payment (Ebbert, Clerk/Treasurer/Finance Page 3 of 194 Director) 15. Adjournment Date Posted: September 11, 2026 CC: City Council; City Staff; City Attorney; News Media; Fort Atkinson School District; Fort Atkinson Chamber of Commerce Visit us online! City news and information can be found at www.fortatkinsonwi.gov, and be sure to follow us on Facebook @FortAtkinsonWI. Page 4 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 CITY COUNCIL MEETING IN PERSON AND VIA ZOOM TUESDAY, SEPTEMBER 1, 2026 – 7:00 PM CITY HALL – SECOND FLOOR MINUTES 1. Call meeting to order President Jaeckel called the meeting to order at 7:00 pm. 2. Roll call Present: Cm. Huckabee, Cm. Johnson, Cm. Lescohier, Cm. Price and President Jaeckel. Also present: City Manager, Clerk/Treasurer/Finance Director, City Attorney, Director of Public Works, Director of Neighborhood Services, Park & Recreation Director, Police Chief, Police Captains, Wastewater Superintendent, Museum Director, Fire Chief and Facilities Manager. 3. Pledge of Allegiance President Jaeckel led the Pledge of Allegiance. 4. Consent Agenda Huckabee moved, seconded by Johnson to approve the Consent Agenda items 4.a through 4.e. Motion carried. a. Review and possible action relating to the minutes of the August 18, 2026, City Council meeting (Ebbert, Clerk/Treasurer/Finance Director) b. Review and possible action relating to the minutes of the August 25, 2026, Plan Commission meeting (Ebbert, Clerk/Treasurer/Finance Director) c. Review and possible action relating to the Police Chief’s recommendations for Trick or Treat hours (10/31/26 1–4 p.m.) and Trunk or Treat hours (10/31/26 6–8:00 p.m. at Jones Park) (Bump, Police Chief) d. Review and possible action on a Special Event: Park & Recreation Adult Recess Remix, Friday, September 11, 2026, 6-8:30 p.m. at Jones Park (Ebbert, Clerk/Treasurer/Finance Director) e. Review and possible action on a Special Event: City of Fort Atkinson Park & Recreation World of Wheels: Saturday, September 12, 2026, 12:00-2:00 p.m. (Ebbert, Clerk/Treasurer/Finance Director) 5. Public Hearings None. Page 5 of 194 6. Public Comment for Matters on the Agenda John Hausz, 104 Jefferson Street, commented on the apartment complex near the Klement Business Park and asked about utility infrastructure. He witnessed someone on an e-bike with a trailer with children and claimed they were going 30 mph. 7. Petitions, Requests, and Communications a. Review and possible action relating to a proclamation recognizing September as National Senior Center Month in the City of Fort Atkinson (Dayton, Parks and Recreation Director) Price moved, seconded by Lescohier to adopt the Proclamation recognizing September as National Senior Center Month in the City of Fort Atkinson. Motion carried. b. Presentation relating to the City of Fort Atkinson Lead Service Line Replacement Program (Navin, Director of Public Works) 8. Resolutions and Ordinances a. First reading of an Ordinance regarding an amendment to Section 6-33 of the City of Fort Atkinson Municipal Code relating to provisional operator licenses (Ebbert, Clerk/Treasurer/Finance Director) Clerk/Treasurer Ebbert stated an Operator's License, often referred to as a 'Bartender License' is issued to an individual to serve or sell alcoholic beverages at a retail/licensed premises. Applicants for an operator's license must be 18 years of age, not be convicted of a felony, or be habitual law offenders. They must also provide proof of successfully taking a responsible beverage server's course. A provisional operator license is a license that can be issued up to 60 days to an Operator License applicant during the interm of applying for such license and receiving the license. A provisional license will allow an individual to work at a licensed establishment while their operator license is being processed. In order for an applicant to receive a provisional license, an applicant must provide proof of a license issued by another municipality, proof of completion of a responsible beverage server course or confirmation of enrollment in a responsible beverage server course. Current Ordinance Sec. 6-33. provides that the Clerk may issue a provisional license with proof of a license issued by another municipality. However, the Ordinance does not include that a provisional can be issued with proof of completion of a responsible beverage server course or confirmation of enrollment in a responsible beverage server course. Staff is requesting the ordinance be amended to include the additional proof of the server course or registration. The Ordinance Committee reviewed this item at their meeting on July 21, 2026, and recommended that the City Council review and adopt the ordinance. Price moved, seconded by Johnson to perform the first reading of the Ordinance and Page 6 of 194 direct the City Manager to prepare the Ordinance for a second and possible third/final reading on September 15, 2026. Motion carried. b. Second reading of an Ordinance to amend Section 58-148 of the City of Fort Atkinson Municipal Code relating to the sale of tobacco, nicotine products, electronic smoking devices, and electronic smoking device paraphernalia near certain locations (Bump, Police Chief) Chief Bump stated the main goal of section 58-148(d)(3) of the Fort Atkinson City ordinance is to reduce the availability and visibility of smoking products that include Tobacco, Vape, Electronic Smoking Devices, Electronic Smoking Device Paraphernalia, Pipes, Hookahs, Rolling Papers, and other miscellaneous nicotine consumables and smoke products to youth. The City Council performed a first reading of this Ordinance at the meeting on August 15, 2026 and voted to amend the Ordinance to remove parks from the list of prohibited locations. A deeper dive into the conflicting state and federal laws relating to the smoking age found that municipalities are not able to create a local ordinance prohibiting the sale of tobacco and related materials until such time that the state of Wisconsin establishes such a law. The attached Substitute Amendment #1 reflects these changes from the original amendment presented on August 15th. Huckabee moved, seconded by Johnson to perform the second reading of Substitute Amendment #1 amending Section 58-148 of the City of Fort Atkinson Municipal Code relating to the sale of tobacco, nicotine products, electronic smoking devices, and electronic smoking device paraphernalia in certain locations and direct the City Manager to prepare the ordinance for a third/final reading on September 15, 2026. Motion carried. c. Second reading of an Ordinance to amend multiple sections of Chapter 62 of the City of Fort Atkinson Municipal Code of Ordinances relating to park regulations (Dayton, Director of Parks and Recreation) Director Dayton and the Recreation Advisory Board Rules and Ordinances Subcommittee conducted a focused review of Chapter 62, Articles I and II of the City’s Codes and Ordinances. Additionally, the subcommittee investigated the addition of a new ordinance to prohibit the use of smoking, vaping, and e-cigarettes products within the City's park system. Staff provided the subcommittee with a proposal adopting new ordinance to prohibit smoking, vaping, and the use of e-cigarettes within city parks and on public trails. Additionally, revisions were recommended to existing ordinances regarding pets on designated park property, protection of City property within the parks system, glass bottle restrictions, and park hours of operation. These amendments are intended to align current usage of park facilities with City ordinance. The City Council performed the first reading at the meeting on August 18th. After a proposed amendment to change the areas where smoking would be prohibited in parks failed, the motion to direct the City Manager to prepare the ordinance for a second reading carried. Page 7 of 194 Lescohier moved, seconded by Price to perform the second reading and direct the City Manager to prepare it for a third/final reading at the meeting on September 15, 2026. Motion carried, 4/1 Huckabee opposed. d. Third/Final reading of an Ordinance creating Sections 94-245 through 94-248 of the City of Fort Atkinson Code of Ordinances relating to Off-Highway Motorcycles (OHM) (Hefty, Police Captain) Captain Hefty provided this is the third and final reading of the Ordinance. Adopting this local ordinance would give Fort Atkinson police officers the authority to issue municipal citations for OHM violations, rather than relying on more serious state traffic charges, while also helping deter unsafe riding by juveniles. The Ordinance Committee met on July 21st and recommended that the City Council review the ordinance. The City Council performed the first and second readings of the Ordinance at their August 4th and 18th meeting. Lescohier moved, seconded by Johnson to adopt the ordinance creating Sections 94-245 through 94- 248 of the City of Fort Atkinson Code of Ordinances relating to off-highway motorcycles. Motion carried. e. Third/Final reading of an Ordinance to amend several Sections of Chapter 94 of the City of Fort Atkinson Code of General Ordinances relating to Electric Bikes and Scooters (Bump, Police Chief) Chief Bump discussed the purpose of this memo is to serve as background on the draft updates to the ordinance for Bicycles and Scooters. The Council held the first reading of the ordinance at a meeting on August 4, 2026, and a second reading at the meeting on August 18, 2026. Huckabee moved, seconded by Johnson to adopt the ordinance to amend several sections of Chapter 94 of the City of Fort Atkinson General Ordinances relating to Electric Bikes and Scooters. Motion carried. f. Third/Final reading of an Ordinance Amending the City of Fort Atkinson Zoning Map to change the zoning of the property located at 1911 Janesville Avenue from Rural Holding (RH-35) to Multifamily Residential (MRH-30) (Draeger, Director of Neighborhood and Building Services) Director Draeger discussed that the applicant is proposing to rezone the property from RH-35 to MRH-30, and to obtain a Conditional Use Permit for a Group Development to accommodate seven multifamily buildings totaling 112 units within two separate phases. The Plan Commission reviewed the Zoning Map Amendment at a meeting on July 28, 2026, and recommended approval by the City Council. Council held the first reading on August 4, 2026. The second reading was held on August 18, 2026. Huckabee moved, seconded by Johnson to adopt the ordinance to change the zoning of the property located at 1911 Janesville Avenue, known as Cardinal Crossing, from Rural Holding (RH-35) to Multifamily Residential (MRH-30). Motion carried. Page 8 of 194 9. Reports of Officers, Boards, and Committees a. City Manager’s Report (Houseman, City Manager) No action was taken. 10. Unfinished Business a. Review and possible action related to the amended replacement of Aerated Digester #2 Membranes at the Wastewater Treatment Facility (Sweeney, Wastewater Superintendent) Superintendent Sweeney stated that this item was reviewed at the August 18, 2026, Council meeting. The total project cost of $16,200 was presented and subsequently approved. However, after further review, it was determined that a miscommunication occurred during the quoting process. Rubicon Environmental has clarified that the installation cost alone is $16,200, rather than the combined cost for materials and installation. Price moved, seconded by Huckabee, to approve the purchase and installation of the membranes from Rubicon Environmental at a cost not to exceed $25,100.00, to be paid for using Wastewater borrowed funds. Motion carried. b. Review and possible action related to the Replacement of the Hoard Historical Museum's roof, a 2026 CIP project (Thompson, Facilities Manager) Facilities Manager Thompson explained how the roof of the Hoard Historical Museum is in need of replacement. This project was previously approved by the City Council in May of 2026. The previously chosen and approved contractor is no longer conducting business due to retirement. Due to Reliable Roofing no longer conducting business, staff received four new bids and were provided scopes of work for best practices for installation of asphalt shingles and rubber roofing for low-pitch areas. Previous bidding contractors were asked to update pricing. This project is to be completed in 2026. Price moved, seconded by Johnson to accept the proposal from Smith Roofing to replace the roof at the Hoard Historical Museum at a cost of $132,900.00 +/- cost of replacement sheeting and up to $15,000 for replacement sheeting recommended by Smith. Motion carried. Staff will bring this item back to City Council for review should replacement sheeting exceed $15,000. 11. New Business a. Review and possible action relating to the replacement of the Water Utility Hackbarth Road Rooftop HVAC Unit (Thompson, Facilities Manager) Page 9 of 194 Facilities Manager Thompson provided that the existing HVAC unit serving the Hackbarth Road Water Utility building has reached the end of its useful service life. City staff have evaluated the condition of the existing units and determined that replacement is the most appropriate long-term solution. Lescohier moved, seconded by Johnson to approve the proposal from Total Mechanical to replace one of the Water Utility buildings' rooftop HVAC unit at a cost not to exceed $18,343.00 with funding from Water Utility Fund. Motion carried. b. Review and possible action relating to a Certified Survey Map, for the property located at 1704 Montclair Pl. (Draeger, Director of Neighborhood and Building Services) Director Draeger stated that property owner Aeryn Barry has requested a two-lot Certified Survey Map for the parcel located at 1704 Montclair Pl. The property owner would like to split the existing DR-8 Duplex Residential lot into two lots, allowing construction of a twin house using the zero-lot-line zoning mechanism. The Plan Commission recommended approval at its August 25, 2026 meeting. Huckabee moved, seconded by Price to approve the preliminary Certified Survey Map for property located at 1704 Montclair Place, subject to inclusion of the following conditions: • A joint maintenance agreement for the roof, shared wall of the house, and any shared portion of the sanitary lateral to be recorded on each parcel, • All changes noted in the staff report, and • Any other recommendations from City staff and the Plan Commission. Motion carried. c. Review and possible action relating to a Certified Survey Map for the property located at 1911 Janesville Avenue, known as River Trail Flats (parcel 226-0514-1742-001) (SPR-2026- 07) (Draeger, Director of Neighborhood and Building Services) Director Draeger stated the applicant is proposing to split the existing 12-acre parcel into three new parcels via a CSM, rezone the property from RH-35 to MRH-30, and obtain a Conditional Use for a Group Development to accommodate seven multifamily buildings totaling 112 units within two separate phases. This Conditional Use Permit covers Phase 1 of the project. Phase 2 will also require a CUP. The Plan Commission reviewed this matter at their meeting on August 25th, and recommended the City Council approve the CSM subject to the conditions outlined in the Plan Commission staff report. Price moved, seconded by Johnson to approve the Certified Survey Map for the property located at 1911 Janesville Avenue, known as River Tail Flats, subject to the following conditions: 1. All City Engineer comments are incorporated within a revised CSM and provided to City staff for review and approval. 2. An access easement is shown over the 6-foot wide trail access over the proposed Lot 3. 3. Any other recommendations of City staff and the Plan Commission. Motion carried. d. Review and possible action relating to repairs of the Water Utility's Booster Pump 301 Page 10 of 194 (Navin, Director of Public Works) Director Navin provided that earlier this month, the Water Utility experienced a mechanical failure of Booster Pump 301, located at the Water Utility office on North Water Street West. Inspection of the pump identified a failure of the pump's impeller, requiring the unit to be removed from service while repair or replacement options were evaluated. Following the failure, Water Utility staff contacted qualified municipal pumping contractors to inspect the equipment and provide options for restoring Booster Pump 301 with two vendors providing quotes and options. Lescohier moved, seconded by Johnson to approve Municipal Well & Pump Option 2 at a cost of $37,900 for replacement of the complete pump assembly with a new stainless- steel impeller using Water Utility funds. Motion carried. e. Review and possible action relating to the 2027 Recycling Grant Application to the Wisconsin Department of Natural Resources (Navin, Director of Public Works) Director Navin noted the 2027 Recycling Grant Application has been completed. This is an annual grant program through the Wisconsin Department of Natural Resources. The grant award supplements the cost of both recycling and composting for the City. The City’s estimated recycling expenditure in 2027 is estimated to be $338,731, as outlined in the attachment, or $75.14 per unit. There are an estimated 4,508 units in the City. The WDNR has provided around $35,000 in grant funds over the last several years. In 2027, WDNR is expected to provide a similar amount. Huckabee moved, seconded by Johnson to approve the 2027 Recycling Grant and authorize staff to sign and submit the application to the Wisconsin Department of Natural Resources. Motion carried. 12. Miscellaneous None. 13. Public Comment for Matters Not on the Agenda John Hausz, 104 Jefferson Street, spoke about a clock that was removed from Main Street. He stated that $5,000 has been raised to repair the clock. He commented on the bike trail near Sherman Avenue and a lack of lighting. He commented on the 'Monarch City' designation from a social media post. 14. Claims, Appropriations and Contract Payments a. Review and possible action relating to the Verified Claims presented by the Director of Finance and authorization of payment (Ebbert, Clerk/Treasurer/Finance Director) Price moved, seconded by Huckabee to approve the list of Verified Claims as presented. Motion carried unanimously. 15. Closed Session Page 11 of 194 a. The City Council may consider a motion to convene in closed session pursuant to State Stat. §19.85(1)(e), conducting other specified public business, whenever competitive or bargaining reasons require a closed session [discussion of Development Agreements for Cardinal View Crossing, River Point Commons and River Trail Flats residential projects] (Houseman, City Manager) Lescohier moved, seconded by Johnson to convene in closed session pursuant to State Stat. §19.85(1)(e), conducting other specified public business, whenever competitive or bargaining reasons require a closed session [discussion of Development Agreements for Cardinal View Crossing, River Point Commons and River Trail Flats residential projects]. Motion carried on a roll call vote. b. The City Council may reconvene in open session and may take action on items discussed in closed session. Huckabee moved, seconded by Johnson to reconvene in open session. Motion carried on a roll call vote. c. Review and possible action relating to a Development Agreement between the City of Fort Atkinson and RTF Manager LLC for the River Trail Flats Apartment Development (Houseman, City Manager) Price moved, seconded by Lescohier to approve the Development Agreement between the City of Fort Atkinson and RTF Manager LLC for the River Trail Flats Apartment Development subject to final review by City Attorney and City Manager. Motion carried. d. Review and possible action relating to a Development Agreement between the City of Fort Atkinson and Premier Cardinal View, LLC and TW Cardinal View LLC for the Cardinal View Crossing residential development (Houseman, City Manager) Huckabee moved, seconded by Johnson to approve the Development Agreement between the City of Fort Atkinson and Premier Cardinal View, LLC and TW Cardinal View LLC for the Cardinal View Crossing residential development subject to final review by City Attorney and City Manager. Motion carried. e. Review and possible action relating to a Development Agreement between the City of Fort Atkinson and Premier RP Fort Atkinson, LLC, for the River Point Commons residential development (Houseman, City Manager) Lescohier moved, seconded by Huckabee to approve the Development Agreement between the City of Fort Atkinson and Premier RP Fort Atkinson, LLC, for the River Point Commons residential development subject to final review by City Attorney and City Manager. Motion carried. 16. Adjournment Price moved, seconded by Huckabee to adjourn. Meeting adjourned at 8:44 pm. Respectfully submitted, Michelle Ebbert City Clerk/Treasurer/Finance Director Page 12 of 194 Page 13 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 1, 2026 TO: Fort Atkinson City Council FROM: Ben Dayton, Director of Parks and Recreation RE: Second reading of an Ordinance to amend multiple sections of Chapter 62 of the City of Fort Atkinson Municipal Code of Ordinances relating to park regulations (Dayton, Director of Parks and Recreation) BACKGROUND Parks and Recreation Director Dayton and the Recreation Advisory Board Rules and Ordinances Subcommittee conducted a focused review of Chapter 62, Articles I and II of the City’s Codes and Ordinances. Additionally, the subcommittee investigated the addition of a new ordinance to prohibit the use of smoking, vaping, and e-cigarettes products within the City's park system. DISCUSSION Staff provided the subcommittee with a proposal adopting new ordinance to prohibit smoking, vaping, and the use of e-cigarettes within city parks and on public trails. Additionally, revisions were recommended to existing ordinances regarding pets on designated park property, protection of City property within the parks system, glass bottle restrictions, and park hours of operation. These amendments are intended to align current usage of park facilities with City ordinance. The following recommendations and rationales are proposed: ARTICLE I. - IN GENERAL Sec. 62-1. - Animals on city park grounds: Staff proposes extending this ordinance to include designated athletic fields and playgrounds. This restriction is intended to prevent damage to prepared ballfields and ensure playgrounds remain free of animal waste. Also, extending the ordinance to easily recognizable facilities without the need for additional posted signage. Sec. 62-2. - Operation of vehicles, animals restricted; destruction of property. Staff recommends adding language to specifically identify the unauthorized tampering with city property during activities such as geocaching and the use of metal detectors. While geocaching is recognized as an acceptable activity, the intent is to prevent the modification of or damage to facilities and property. Page 14 of 194 Sec. 62-4. - Possession, consumption of alcohol prohibited. Staff recommendations include removing the prohibition of alcohol consumption in Bicentennial Park. The original ordinance was adopted when the park was located in a different area. Memorial Park will remain on the list due to its primary use as a youth sports facility. The ordinance will also be updated to include legal, hemp-derived THC beverage products and a citywide prohibition of glass bottles in parks to enhance public safety and reduce the risk of injury from broken glass. Sec. 62-5. - Smoking, vaping, and e-cigarettes prohibited. (proposed new ordinance) Staff recommends, with subcommittee support, the adoption of a new ordinance prohibiting the use of smoke or vapor producing products within park spaces. Aside from public health concerns, the intent is to remove smoking and vaping from public events, youth activities, and locations where the general public will congregate. Under the proposed rules, the use of these products would be restricted to areas within the public right-of-way. ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Sec. 62-37. - Hours of operation. Staff recommends that park hours mirror the weekend hours established by the citywide curfew ordinance (Section 58-197). This update also includes the removal of specific, outdated hours previously set for Bicentennial Park. FINANCIAL ANALYSIS Staff does not anticipate a significant financial impact associated with the recommended new ordinance and ordinance amendments. RECOMMENDATION Staff, the Parks and Recreation Advisory Board, and the Ordinance Committee recommended the City Council adopt the Ordinance amendments as proposed. The City Council performed the first reading at the meeting on August 18th. After a proposed amendment to change the areas where smoking would be prohibited in parks failed, the motion to direct the City Manager to prepare the ordinance for a second reading carried. Staff recommends the City Council hold the second reading and direct the City Manager to prepare it for a third/final reading at the meeting on September 15, 2026. ATTACHMENTS 1. Chapter_62___PARKS_AND_RECREATION 2. Ord No Parks and Recreation Section 62 DRAFT REDLINE Page 15 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 TRANSPORTATION & TRAFFIC REVIEW COMMITTEE MEETING IN PERSON AND VIA ZOOM THURSDAY, SEPTEMBER 10, 2026 – 2:00 PM CITY HALL – SECOND FLOOR MINUTES 1. Call meeting to order Chairperson Director Navin called the meeting to order at 2:00 p.m. 2. Roll call Members Present: Chairperson Director Navin, Superintendent Williamson, Council Representative Jaeckel, Police Chief Bump, City Electrician Nick Armstrong, Citizen Member Gray, and City Engineer Andy Burt. Absent: Citizen Member Maas and School Representative Moehling. Also present: Manager Houseman and Public Relations Executive Assistant Weihert. 3. Approval of Minutes a. Review and possible action relating to the minutes of the March 26, 2026, Transportation and Traffic Review Commission meeting (Weihert, Public Relations Executive Assistant) Motion to approve the minutes of the March 26, 2026, meeting made by Bump and seconded by Williamson. Motion carried. 4. Parking Requests None. 5. Speed Limit Reviews None. 6. Traffic Signal Reviews None. 7. Miscellaneous a. Review and possible action relating to a request for pedestrian crossing signage at the intersections of N. High St. and N. Fourth St. and N. Third St. and Jefferson St. Chairperson Director Navin stated that the City received a resident request for enhanced pedestrian crossing signage at the intersections of N. High Street and N. 4th Street and N. Page 16 of 194 3rd Street and Jefferson Street. The resident noted that existing pavement markings alone do not provide sufficient visibility to approaching motorists and requested additional pedestrian crossing signage, preferably including illuminated or flashing features. Following receipt of the request, staff conducted a field review of both locations. Both crossings are located on busy collector streets carrying a significant amount of through traffic. Based on the roadway characteristics, existing crosswalks, and visibility of the crossings to approaching motorists, staff agrees that additional pedestrian crossing signage is appropriate. Staff recommends installation of standard MUTCD-compliant pedestrian warning signs and supplemental plaques, which would represent a relatively minor expense of less than $1,500. The work could likely be completed using existing City sign maintenance resources, with costs primarily consisting of sign panels, posts, mounting hardware, and staff installation time. Staff recommends completing the standard signing improvements first before incurring the additional cost associated with active warning devices. Williamson moved, seconded by Armstrong, to approve the installation of MUTCD- compliant advance and at-crosswalk pedestrian warning signage at the identified locations in the staff report. Motion carried. b. Review and possible action relating to a request for a Rapid Flashing Beacon (RFB) at the Glacial River Trail crosswalk on Sherman Avenue W. Chairperson Director Navin stated the City received a traffic review request from a resident concerning pedestrian and bicyclist safety at the Glacial River Trail crossing of Sherman Avenue W. The crossing is located between the Festival Foods parking lot and the trail bridge. The request describes several instances in which motorists traveling toward downtown reportedly failed to see or yield to people using the crossing. The applicant specifically requested that the City install pedestrian-activated flashing lights similar to the Rectangular Rapid-Flashing Beacons, or RRFBs, used at other crossings in the City. Staff recommends that the Transportation and Traffic Review Committee take the following action: 1. Request staff complete a focused evaluation of the Glacial River Trail crossing at Sherman Avenue, including vehicle speeds and volumes, pedestrian and bicycle activity, nighttime visibility, crash history, pavement markings, warning signs, parking, lighting, and accessibility. 2. Request staff complete routine or lower-cost maintenance improvements identified during the evaluation, including pavement-marking refreshment, sign maintenance, vegetation removal, and/or correction of visibility obstructions, subject to available operating funds. 3. If the evaluation supports installation of a Rectangular Rapid-Flashing Beacon, request staff prepare a compliant design, detailed cost estimate, and proposed Page 17 of 194 funding plan for separate consideration and approval by the City Council before equipment is purchased or installed. Bump stated doing a study at that crossing is the right move to make sure an RRFB is the right option. Williamson said because it's an uncontrolled intersection separate from the controlled intersection in can be confusing for drivers and further study is a good idea. Navin stated that getting the data to back up any decision made at the location is important. Jaeckel moved, seconded by Bump to recommend staff take the actions recommended in the staff report. Motion carried. 8. Transit Items None. 9. Safe Routes to School None. 10. Adjournment Bump moved to adjourn, seconded by Armstrong. Motion carried. Meeting adjourned at 2:11 p.m. Respectfully submitted by Sarah Weihert, Public Relations Executive Assistant Page 18 of 194 Page: 1 of 12 Permit Report 08/01/2026 - 08/31/2026 Permit Issued Date Permit # Permit Location Municipality Owner Name Permit Type Permit Description Estimated Project Cost Total Fees Group: Accessory Structure 8/26/2026 26712 827 Banker Rd. Fort Atkinson Fred Brechlin - Madison Area Technical College Accessory Structure New construction storage building 652,535 $1,105.00 $1,105.00 Group Total: 1 Group: Add/Alter Commercial 8/31/2026 26768 827 Banker Rd. Fort Atkinson Fred Brechlin Add/Alter Commercial Construct new storage building at the existing Madison College Fort Atkinson campus. 652,535 $180.00 8/7/2026 26668 825 Lexington Blvd. 1 Fort Atkinson JH Investments LLC Add/Alter Commercial Turning a 2 office space into 4 offices 15,000 $582.70 8/17/2026 26393 711 Zaffke St. Fort Atkinson City of Fort Atkinson Add/Alter Commercial Remove existing US Cellular Equipment. Install New T-Mobile antennas, radios, cabling and ground equipment. No change in ground 50,000 $500.00 Page 19 of 194 Page: 2 of 12 footprint or tower height. $1,262.70 Group Total: 3 Group: Commercial/ Industrial 8/26/2026 26747 611 E Sherman Ave. Fort Atkinson Greg Dempsey Commercial/ Industrial Fort Health Care Imaging Xray Replacement 81,006 $357.80 8/17/2026 26711 825 Lexington Blvd 1 Fort Atkinson Dan Miller Commercial/ Industrial Interior wall remodel, approximately 12 receptacles, 6 switches, 10 light fixtures 5,000 $101.45 8/4/2026 26617 Unit 400 Fort Atkinson AAA Spa Commercial/ Industrial Interior renovation 8,000 $536.00 $995.25 Group Total: 3 Group: Deck 8/25/2026 26742 413 S Fifth St. Fort Atkinson JACOB S HUCKABEE Deck replace existing deck with new 6x10 The deck is 6'x10' 2x6 treated framing. 6x6 treated posts on 12" sonitubes 4' deep. The deck joists spans are 6' and the stair stringer will be 2x12 with treated 4x4 supports using 8" sonitubes at bottom and mid span. 10,000 $120.00 8/18/2026 26733 1201 Navaho Ct. Fort Atkinson Cheryl Tumbarello Deck Replace existing structure (current 4,500 $103.00 Page 20 of 194 Page: 3 of 12 4x4 posts are rotted and decaying) 8/17/2026 26594 602 Coventry Cir Fort Atkinson DONALD J HROBSKY Deck remove/replace deck 15,000 $148.00 8/18/2026 26528 1211 Cheyenne Ct. Fort Atkinson Robert Schultz Deck Deck off the back of the house 1,200 $121.00 8/13/2026 26518 311 N High St. Fort Atkinson Scott & Lisa Fero Deck remove decking material - pour footing and rebuild to the exsisting footprint 1,700 $47.00 $539.00 Group Total: 5 Group: Demo/Raze 8/27/2026 26390 509 Clarence St. Fort Atkinson AXS Demo/Raze Demo House 5,000 $85.00 $85.00 Group Total: 1 Group: Electrical 8/21/2026 26749 90 S Roland Ave. Fort Atkinson tylor pennewell Electrical 100 amp overhead service and misc electrical upgrades 3,500 $80.00 8/18/2026 26740 711 Whitewater Ave Fort Atkinson Brian Weber Electrical Bathroom remodel 3,000 $60.00 8/19/2026 26732 98 Jackson St. Fort Atkinson Ted Mierzwinski Electrical Upgrade panel to 200 amps 4,000 $90.00 8/12/2026 26701 9 S 5th St. Fort Atkinson Michael Meyer Electrical Service Update 4,420 $90.00 8/12/2026 26690 815 McCoy Park Rd. Fort Atkinson Sheila Engfer Electrical Install one Tesla Powerwall battery 12,000 $165.00 8/12/2026 26680 420 Clover Ln. Fort Atkinson Shane Feist Electrical Full new electrical on existing house 10,000 $198.80 Page 21 of 194 Page: 4 of 12 8/11/2026 26679 1211 Orchard Ln. Fort Atkinson Bob Head Electrical install range cord, install exhaust fan, hang island light 575 $110.00 8/14/2026 26382 925 Lexington Blvd. Fort Atkinson School District of Fort Atkinson Electrical 320 amp service/concession stand feeder 28,775 $151.50 $945.30 Group Total: 8 Group: Fence 8/31/2026 26773 500 Shah Ave. Fort Atkinson John Bovre Fence Back yard fence, see survey 13,717 $60.00 8/28/2026 26763 10 W Hilltop Tr. Fort Atkinson Jacob Ball Fence 6' Privacy fence installed around back yard 3,500 $60.00 8/31/2026 26762 1313 Peony Pl. Fort Atkinson Matt Symons Fence Installation of 5’ vinyl fence 17,500 $60.00 8/24/2026 26758 604 East St. Fort Atkinson Timothy J. Wilson Fence 75 Foot Fence on South Side. 4 ft. tall 550 $60.00 8/14/2026 26710 614 Talent Tr. Fort Atkinson MARIE MESSMER Fence Looking to transfer permit from 1204 Navaho Ct. to 614 Talent Tr. 6,000 $60.00 8/11/2026 26659 514 Washington St. Fort Atkinson Rebecca Green (Prager) Fence Fence 9,000 $60.00 $360.00 Group Total: 6 Group: Foundation Repair 8/14/2026 26713 303 Memorial Dr. Fort Atkinson Michael Baker Foundation Repair install interior drainage with pump 3,184 $85.00 $85.00 Group Total: 1 Page 22 of 194 Page: 5 of 12 Group: HVAC 8/25/2026 26752 825 Lexington Blvd. 1 Fort Atkinson Dan Miller HVAC add and relocate grilles & ductwork 1,000 $85.00 8/21/2026 26748 1103 Grove St. Fort Atkinson Sean & Jordan Van Buren HVAC Add ductless split heat pump 10,018 $80.00 8/31/2026 26729 611 Talent Tr. Fort Atkinson SHARON PETERSON HVAC REPLACEMENT GAS FURNACE AND CENTRAL A/C 0 $105.00 8/31/2026 26728 701 S Main St. Fort Atkinson ELLEN DONEHOWER HVAC REPLACEMENT FURNACE AND CENTRAL A/C 0 $105.00 8/31/2026 26727 1233 W Sherman Ave. Fort Atkinson STEVE BAKKEN HVAC REPLACEMENT CENTRAL A/C -4 $70.00 8/31/2026 26726 1603 Stacy Ln. Fort Atkinson SHARON SPAANEM HVAC REPLACEMENT CENTRAL A/C 0 $70.00 8/31/2026 26725 1004 Apache Ct. Fort Atkinson AMY PEASE HVAC REPLACEMENT GAS FURNACE 0 $70.00 8/31/2026 26724 325 Hake St. Fort Atkinson LISA WAGNER HVAC REPLAEMENT FURNACE AND CENTRAL A/C -3 $105.00 8/31/2026 26723 423 E Milwaukee Ave. Fort Atkinson MITCH REYNOLDS HVAC REPLACEMENT CENTRAL A/C 0 $70.00 8/31/2026 26722 816 W Cramer St. Fort Atkinson MARK WUENSTEL HVAC REPLACEMENT FURNACE AND CENTRAL A/C 0 $105.00 8/31/2026 26721 808 N High St. Fort Atkinson RAY BLACK HVAC REPLACEMENT GAS FURNACE -3 $70.00 8/31/2026 26719 202 McMillen St. Fort Atkinson FORT HEALTH CARE HVAC REPLACEMENT FURNACE AND CENTRAL A/C 0 $105.00 8/31/2026 26718 708 Harriette St. Fort Atkinson DAVE BIELEFELDT HVAC REPLACEMENT CENTRAL A/C 0 $70.00 8/14/2026 26715 611 E Sherman Ave. Fort Atkinson Fort Healthcare HVAC VAV tying to existing/balancing 10,904 $60.00 Page 23 of 194 Page: 6 of 12 8/31/2026 26698 519 Highland Ave. Fort Atkinson BARB CONGDON HVAC REPLACEMENT FURNACE AND A/C 0 $105.00 8/31/2026 26697 213 S 6th St. Fort Atkinson BRIAN WENDT HVAC REPLACEMENT FURNACE AND CENTRAL A/C -3 $105.00 8/31/2026 26696 1200 Monroe St. Fort Atkinson SHARON ERHARDT HVAC REPLACEMENT FURNACE AND CENTRAL A/C -2 $105.00 8/31/2026 26695 1234 Erick St. Fort Atkinson CINDY SCHULTZ HVAC REPLACEMENT FURNACE AND CENTRAL A/C -2 $105.00 8/31/2026 26694 1519 Rangita St. Fort Atkinson JOHN HUDSON HVAC REPLACEMENT CENTRAL A/C -3 $70.00 8/31/2026 26687 325 Maple St. Fort Atkinson DARRELL CARTWRIGHT HVAC REPLACEMENT FURNACE AND CENTRAL A/C 0 $105.00 8/31/2026 26686 214 S High St. Fort Atkinson CODY SCHREER HVAC REPLACEMENT CENTRAL A/C -2 $70.00 8/31/2026 26685 319 Highland Ave. Fort Atkinson MICHAEL ARNOLD HVAC REPLACEMENT CENTRAL A/C 0 $70.00 8/31/2026 26684 522 Roosevelt St. Fort Atkinson KAREN STRAUSS HVAC REPLACEMENT FURNACE AND CENTRAL A/C 0 $105.00 8/31/2026 26683 300 Riverside Dr. Fort Atkinson KATHY CONNOR HVAC REPLACEMENT FURNACE AND CENTRAL A/C -3 $105.00 8/31/2026 26682 502 Grant St. Fort Atkinson MARLENE REIF HVAC REPLACEMENT CENTRAL AIR CONDITIONER 0 $70.00 8/12/2026 26673 1220 Janesville Ave. unit 400 Fort Atkinson Greg Cordell HVAC Adding 2 registers to space 700 $60.00 8/11/2026 26670 234 S Main St Fort Atkinson MKE Real Estate HVAC Changing A/C 8,996 $135.00 Page 24 of 194 Page: 7 of 12 8/4/2026 26667 1331 Erick St. Fort Atkinson Vurva HVAC modify supply runs and dryer vent 300 $100.00 8/4/2026 26657 1317 Peony Pl. Fort Atkinson Loos Homes HVAC Res NSF 15,000 $371.45 $2,851.45 Group Total: 29 Group: New Single Family 8/3/2026 26623 1317 Peony Pl. Fort Atkinson LOOS CUSTOM HOMES LLC. New Single Family TWO STORY, 4 bedroom, 3-car garage,Single Family Home 301,560 $3,828.75 $3,828.75 Group Total: 1 Group: Plumbing 8/18/2026 26741 711 Whitewater Ave Fort Atkinson Brian Weber Plumbing Bathroom remodel 3,000 $60.00 8/14/2026 26714 303 Memorial Dr. Fort Atkinson Micahel Baker Plumbing install sump pump 1,616 $60.00 8/18/2026 26689 640 S Main St. Fort Atkinson Larissa Wiskowski Plumbing Water lateral replacement 4,850 $125.00 8/10/2026 26676 420 Clover Ln. Fort Atkinson JUDITH A WITTENWYLER Plumbing Plumbing is above ground - Bathtub, toilet, bathroom sink, kitchen sink, laundry tub, exterior hose bibs and new water heater 10,000 $107.00 8/10/2026 26665 1513 Lena Ln. Fort Atkinson Lynn Staude Plumbing Water lateral repair 4,250 $125.00 8/4/2026 26656 1317 Peony Pl Fort Atkinson Loos Homes Plumbing Res NSF 14,000 $261.45 8/17/2026 26646 402 Raintree Dr. Fort Atkinson Ruby Copeland Plumbing Scope of Work: Tub to Shower Conversion 1,800 $60.00 Page 25 of 194 Page: 8 of 12 8/5/2026 26573 1314 Commonwealth Dr. Fort Atkinson Andy & Tia Seguin Plumbing Bathroom Remodel 0 $60.00 8/4/2026 26508 308 Garfield St. Fort Atkinson Alexander Endl Plumbing install clear water sump pump 500 $60.00 8/4/2026 26479 800 Mc Millen St Fort Atkinson B+ Properties LLC Plumbing 12 unit appartment 150,000 $75.00 $993.45 Group Total: 10 Group: Private Driveway 8/26/2026 26765 608 LEXINGTON BLVD. Fort Atkinson NICHOLAS CONGDON Private Driveway REPAIR DRIVEWAY 5,000 $50.00 8/26/2026 26757 419 FOSTER ST. Fort Atkinson Steven Holz Private Driveway New driveway, replace city sidewalk, replace approach and extend 12,000 $50.00 8/24/2026 26738 507 Foster St. Fort Atkinson Randall Piering Private Driveway Replace Driveway with new concrete 10,000 $50.00 8/4/2026 26671 203 Robert St. Fort Atkinson ROBERT BELL Private Driveway Paving Driveway - is gravel right now 5,000 $50.00 8/3/2026 26660 218 S Main St. Fort Atkinson ROBERT BELL Private Driveway Repaving the parking lot between the alley and the congregational church. 5,000 $50.00 8/17/2026 26397 308 E Cramer St. Fort Atkinson Tianna McConley Private Driveway Concrete Driveway Replacement 5,000 $50.00 $300.00 Group Total: 6 Group: Right of Way Opening Permit Page 26 of 194 Page: 9 of 12 8/31/2026 26769 1204 Cheyenne Ct. Fort Atkinson Matt Christiansen Right of Way Opening Permit Parking pad and widening edge of driveway 0 $50.00 8/26/2026 26756 1337 MARIGOLD DR Fort Atkinson LOOS CUSTOM HOMES LLC Right of Way Opening Permit NEW GAS SERVICE 0 $50.00 8/20/2026 26745 1704 Montclair Pl. Fort Atkinson DT Designed Right of Way Opening Permit Install a 1" water service 0 $50.00 8/17/2026 26709 106 S THIRD ST W, FORT ATKINSON Fort Atkinson Badger Bank Right of Way Opening Permit Pull single fiber drop in existing conduit from MST HH DA-1806 002 through HH DA- 1806 001 then place with conduit and bury to DPU slackbox location on E side of building approx. 150 FT. Driveway bore required 0 $50.00 8/12/2026 26692 926 Hillcrest Drive Fort Atkinson Teresa Brandt Trust Right of Way Opening Permit Driveway 0 $50.00 8/3/2026 26662 106 S third street W Fort Atkinson Right of Way Opening Permit Emergency water repair in sidewalk 0 $50.00 $300.00 Group Total: 6 Group: Roofing/Siding 8/26/2026 26764 413 Hillcrest Dr. Fort Atkinson Marcy & Jeff Jewell Roofing/Siding replacing house and garage roof 12,000 $60.00 8/26/2026 26760 1204 Cheyenne Ct. Fort Atkinson Matt Christiansen Roofing/Siding replacing house roof and 11 windows 59,500 $60.00 8/17/2026 26681 1712 Montclair Pl. Fort Atkinson Samantha Tiry Roofing/Siding Roof/Siding/Gutter 59,791 $60.00 8/13/2026 26351 806 Caswell St. Fort Atkinson Brian Zahn Roofing/Siding Rubber Roof Replacement 6,270 $60.00 Page 27 of 194 Page: 10 of 12 $240.00 Group Total: 4 Group: ROW and Driveway 8/31/2026 26753 309 Shirley St. Fort Atkinson MICHAEL A STERKEN ROW and Driveway Concrete walkway front door to sidewalk. Dwelling Con. Lic. app in- progress still. 4,300 $50.00 $50.00 Group Total: 1 Group: Shed 8/25/2026 26373 1633 MONTCLAIR PL Fort Atkinson Todd Wileman Shed Total height of garden shed is 12' 8,000 $60.00 $60.00 Group Total: 1 Group: Sign 8/24/2026 26743 825 Lexington Blvd. 1 Fort Atkinson KAYLA MILLER Sign 1 set of channel letters on the raceway. Day/Night Vinyl. 7,433 $130.00 8/13/2026 26328 313 Madison Ave Fort Atkinson Prakash Navadia Sign We will be manufacturing and installing signs 10,000 $185.00 $315.00 Group Total: 2 Group: Single Family Alteration/Addition 8/18/2026 26739 711 Whitewater Ave Fort Atkinson Brian Weber Single Family Alteration/Addition Bathroom remodel 3,000 $60.00 8/17/2026 26699 1306 Adrian Blvd. Fort Atkinson Gierzak, Chris Single Family Alteration/Addition replacing current tub base with shower base no walls or plumbing 20,800 $100.00 Page 28 of 194 Page: 11 of 12 being moved - Construction only 8/21/2026 26675 1211 Orchard Ln Fort Atkinson Ali Head Single Family Alteration/Addition Kitchen Remodel, bath remodel x2 45,000 $155.00 $315.00 Group Total: 3 Group: Temporary Ramp 8/31/2026 26767 1611 Premier Pl. Fort Atkinson Maryan Salim Temporary Ramp 2 Exit Ramps. One in garage and one out the front door 8,000 $85.00 $85.00 Group Total: 1 Group: Windows/Doors 8/24/2026 26754 437 Adams St. Fort Atkinson Michael Wilson Windows/Doors Pocket Window installation - Replacement windows going in existing openings. 14,998 $60.00 8/24/2026 26751 306 Martin St. Fort Atkinson Tamara Buchli Windows/Doors Door replacements 13,998 $60.00 $120.00 Group Total: 2 $14,835.90 Total Records: 94 9/1/2026 Page 29 of 194 Page: 12 of 12 Jedidiah Draeger Director of Neighborhood and Building Services Page 30 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Review and possible action relating to the City Clerk-issued License and Permit Report for September (Ebbert, Clerk/Treasurer/Finance Director) BACKGROUND The following is a list of the Licenses and Permits issued by the City Clerk for the period of August 18, 2026 through September 15, 2026 per the City of Fort Atkinson Municipal Code of Ordinances. DISCUSSION BEEKEEPING None OPERATOR Licensing Period – July 1, 2026 – June 30, 2028 Applicant Place of Employment Recommended Approval by Police Department Cost Rebecca Waters Two Twenty Y $ 30.00 Jennifer Firn Send to home address Y $ 30.00 Maritza Alvarado El Patron Y $ 30.00 Garrett Rowley Shell Y $ 30.00 Traci Thrash Fort Atkinson Club Y $ 30.00 Jamie Bowman Kwik Trip #439 Y $ 30.00 William Schmieder Rock River Lanes Y $ 30.00 MOBILE MERCHANT None DOOR-TO-DOOR RESIDENTIAL / DIRECT SELLER None Page 31 of 194 FINANCIAL ANALYSIS In accordance with the City's Ordinances and Fee Schedule a total of $210.00 was collected for Operator's licenses. RECOMMENDATION These licenses have been issued by the City Clerk's Office in accordance with the City's Ordinances. No further action by the City Council is necessary. ATTACHMENTS None Page 32 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Review and possible action relating to a Temporary Retailer's License for Rotary Club of Fort Atkinson Wine Walk, on October 17, 2026. (Ebbert, Clerk/Treasurer/Finance Director) BACKGROUND The State of Wisconsin regulates alcohol licensing for local governments through Chapter 125. There are three classes of Licenses: Class A, Class B and Class C. “Class C” pertains strictly to wine with consumption on-site in a restaurant. The difference between Class A and B is where alcohol is authorized for sale and for consumption. Class A generally offers sale of alcohol on- site with consumption off-site (e.g. grocery or liquor store, gas station or convenience store). Class B allows for on-site sale and on-site consumption (e.g. Restaurant, Bar, Bowling Alley, Tavern). Class A can easily be remember as you consume alcohol Away from the premises. Likewise, Class B you consume on-site, for example Bar. Alcohol licenses are further defined by the quotation marks used. For example, “Class A” refers to intoxicating liquor while Class “A” refers to fermented malt beverages. These licenses can also be issued together as a combination license, most common for grocery stores. Temporary Class “B” (picnic) beer and/or wine licenses may sell fermented malt beverages to consumers at a picnic or similar gathering of limited duration. Such licenses may be issued only to bona fide clubs, chambers of commerce, county or local fair associations, agricultural societies, churches, lodges, societies, veteran’s organizations that have been in existence for at least six months. There is no limit to the number of Temporary Class “B” fermented malt beverage licenses that may be issued to an eligible organization in a calendar year. However, there is a limit of two Temporary “Class B” wine licenses that may be issued to an eligible organization in a 12-month period. Temporary license holders must have licensed operators (bartenders) and they must purchase their products from a Distributor/Wholesaler. Page 33 of 194 DISCUSSION Organization: Rotary Club of Fort Atkinson Street Location: Various locations Manager of affair: Margaret Bare Name of Event: Fort Atkinson Wine Walk 2026 Date of Event: Saturday October 17, 2025 - 4:30 pm to 8:30 pm Premises: Various locations within downtown Fort Atkinson. The Named Organization Applied for the Following License(s): “Class C” Wine License A ‘wine walk’ or ‘beer walk’ is a single-day event at which customers are served a glass of beer or wine at multiple locations that do not qualify for regular alcohol licenses (jewelry store, art gallery, clothing boutiques, salons, furniture stores). A municipality may issue up to 20 Temporary “Class B” (wine only) licenses to a qualified organization (bona fide club, church, lodge/society, Chamber of Commerce, Veteran’s Organization) for a wine walk for a specific date and time with the following requirements: • The licenses must be issued to a single qualified organization that is the sponsor of the wine walk. • The licenses must be issued for the same date and time. • An admission fee must be charged for participation and no additional fee can be charged for the wine. • A municipality may authorize the licensee to permit unaccompanied underage patrons on the license’s premise only if the underage person is acting as a designated river and has been provided a means of identification, such as a wristband by the licensee. • No person may serve wine after 9:00 pm on premises for which Temporary “Class B” (wine only) licenses are issued for a wine walk. • A qualified organization may receive Temporary “Class B” (wine only) licenses for up to two events during a 12-month period. • A licensed premises, such as a restaurant or tavern, may participate in the wine walk but the sponsoring organization cannot be issued a temporary license for a premises that already holds a license. Licensees must purchase all wine from liquor or beer wholesalers or small winery cooperative wholesalers authorized to sell wine to retail licenses Each premises on the wine walk must have licensed operators/bartenders to serve the alcoholic products. FINANCIAL ANALYSIS There is a $10.00 license fee per Application for Temporary Retailer’s License. Publication is not required for these licenses. Page 34 of 194 RECOMMENDATION Staff recommends that the City Council approve the Temporary Class B Retailer’s License to sell/serve wine to Rotary Club of Fort Atkinson for the Fort Atkinson Wine Walk scheduled for Saturday October 17, 2026 at 12:00 pm to 4:00 pm contingent upon having licensed operators and purchasing products from a Wisconsin beverage distributor. ATTACHMENTS 1. WINE WALK TEMP B APP 2026 Page 35 of 194 Page 36 of 194 Page 37 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Review and possible action on a Special Event: Rotary Wine Walk Saturday, Oct. 17, 2026, from 12:00-4:00 pm in downtown Fort Atkinson (Ebbert, Clerk/Treasurer/Finance Director) BACKGROUND The City of Fort Atkinson is committed to supporting quality special events throughout the community. The Special Event Guide and Application was created to assist with planning events in the city and to allow appropriate contact information be obtained and forwarded to Departments. The planning guide is designed to assist members of the community in the planning, preparation and running of events and programs in Fort Atkinson. The Special Event Guide defines a special event as a planned extraordinary occurrence or temporary aggregation of attractions, open to the public, that (a) is conducted on public property, (b) is conducted on private property and has a substantial impact on public property, (c) has activities that request special temporary licenses; or (d) require special city services, whether open to the public or not, including but not limited to, any of the following: street closures, provisions of barricades, garbage cans, stages or special no parking signs, special electrical services, or special police protection. Special events include, but not limited to, neighborhood and community festivals, parades, processions, fairs, and bicycle or foot races. DISCUSSION Event: Rotary Club Wine Walk Dates and Hours of Event: Saturday, October 17, 2026, 12:00-4:00 pm Locations: Various locations on or around Main Street* Contact Person: Margaret Bare, mbare@forttaxservice.com Estimated Number of Attendees: 350 The application and event information was routed to all City Departments without comments or concerns. FINANCIAL ANALYSIS There is no financial impact to the City of Fort Atkinson for the event. Page 38 of 194 RECOMMENDATION Staff recommends that City Council approve the Special Event: Rotary Wine Walk on Saturday, October 17, 2026 from 12:00-4:00 pm. ATTACHMENTS 1. ROTARY WINE WALK 2026 Page 39 of 194 Page 40 of 194 Page 41 of 194 Page 42 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Review and possible action on a Special Event: Haunted Hike Friday, Oct. 16, 2026 and Saturday, Oct. 17, 2026 from 6 to 9 pm at Haumerson's Pond (Ebbert, Clerk/Treasurer/Finance Director) BACKGROUND The City of Fort Atkinson is committed to supporting quality special events throughout the community. The Special Event Guide and Application was created to assist with planning events in the city and to allow appropriate contact information be obtained and forwarded to Departments. The planning guide is designed to assist members of the community in the planning, preparation and running of events and programs in Fort Atkinson. The Special Event Guide defines a special event as a planned extraordinary occurrence or temporary aggregation of attractions, open to the public, that (a) is conducted on public property, (b) is conducted on private property and has a substantial impact on public property, (c) has activities that request special temporary licenses; or (d) require special city services, whether open to the public or not, including but not limited to, any of the following: street closures, provisions of barricades, garbage cans, stages or special no parking signs, special electrical services, or special police protection. Special events include, but not limited to, neighborhood and community festivals, parades, processions, fairs, and bicycle or foot races. DISCUSSION Friends of Haumerson's Pond Event: Haunted Hike Dates and Hours of Event: Setup: Friday, October 16, 1:00 pm Event: Friday, October 16 and Saturday, October 17 from 6:00 pm to 9:00 pm Tear down: Sunday, October 18, 2026, 10:00 am Locations: Haumerson’s Pond Warming House Contact Person: Josie Kincaid, josie7001@gmail.com Estimated Number of Attendees: 1000 The application and event information was routed to all City Departments without comments Page 43 of 194 or concerns. FINANCIAL ANALYSIS There is no financial impact to the City of Fort Atkinson for the event. RECOMMENDATION Staff recommends that City Council approve the Special Event: Haunted Hike Friday, October 16, 2026 and Saturday, October 17, 2026 from 6:00 - 9:00 pm at Haumerson's Pond. ATTACHMENTS 1. HAUNTED HIKE APP 2026 Page 44 of 194 Page 45 of 194 Page 46 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Review and possible action on a Special Event: HFH Fill-A-Truck, Thursday, October 11, 2026 from 10:00 am - 2:00 pm (Ebbert, Clerk/Treasurer/Finance Director) BACKGROUND The City of Fort Atkinson is committed to supporting quality special events throughout the community. The Special Event Guide and Application was created to assist with planning events in the city and to allow appropriate contact information be obtained and forwarded to Departments. The planning guide is designed to assist members of the community in the planning, preparation and running of events and programs in Fort Atkinson. The Special Event Guide defines a special event as a planned extraordinary occurrence or temporary aggregation of attractions, open to the public, that (a) is conducted on public property, (b) is conducted on private property and has a substantial impact on public property, (c) has activities that request special temporary licenses; or (d) require special city services, whether open to the public or not, including but not limited to, any of the following: street closures, provisions of barricades, garbage cans, stages or special no parking signs, special electrical services, or special police protection. Special events include, but not limited to, neighborhood and community festivals, parades, processions, fairs, and bicycle or foot races. DISCUSSION Habitat for Humanity Event: Fill-A-Truck Dates and Hours of Event: Sunday, October 11, 2026 10:00 am - 2:00 pm Setup: 8:00 am Tear down: 4:00 pm Event Location: Fort Community Credit Union, 800 Madison Ave Contact Person: Anna Rousseau, anna@habitatwaukesha.org Estimated Number of Attendees: 150 Event information was routed to Departments without comments or concerns. FINANCIAL ANALYSIS Page 47 of 194 There is no financial impact to the City of Fort Atkinson for the event. RECOMMENDATION Staff recommends that City Council approve the HFH Fill-A-Truck, Sunday, October 11, 2026 from 10:00 am - 2:00 pm at 800 Madison Avenue. ATTACHMENTS 1. Fill-A-Truck Special Event Application 2026 Page 48 of 194 Page 49 of 194 Page 50 of 194 Page 51 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Review and possible action on a Special Event: Chamber of Commerce, Holiday Parade, Sunday, December 6, 2026, 4:03 p.m. - 6:00 p.m. (Ebbert, Clerk/Treasurer/Finance Director) BACKGROUND The City of Fort Atkinson is committed to supporting quality special events throughout the community. The Special Event Guide and Application was created to assist with planning events in the city and to allow appropriate contact information be obtained and forwarded to Departments. The planning guide is designed to assist members of the community in the planning, preparation and running of events and programs in Fort Atkinson. The Special Event Guide defines a special event as a planned extraordinary occurrence or temporary aggregation of attractions, open to the public, that (a) is conducted on public property, (b) is conducted on private property and has a substantial impact on public property, (c) has activities that request special temporary licenses; or (d) require special city services, whether open to the public or not, including but not limited to, any of the following: street closures, provisions of barricades, garbage cans, stages or special no parking signs, special electrical services, or special police protection. Special events include, but not limited to, neighborhood and community festivals, parades, processions, fairs, and bicycle or foot races. DISCUSSION Event: Holiday Parade Dates and Hours of Event: Saturday, December 6, 2026 Set up will begin at 1:00 pm. Street Closures will begin at 4:00 pm and end approximately 15 minutes following the parade. Parade will begin at 4:30 pm Locations: Staging at the Middle School and St. Paul’s parking lots near 4th, East and Bluff Streets. At the end of the parade route floats will be routed down Adams and Lincoln towards Barrie Park. Large groups can unite at Barrie Park Contact Person: Alli Thompson, projects@fortchamber.com Estimated Number of Attendees: 2000 Event information was routed to Departments without comments or concerns. Page 52 of 194 FINANCIAL ANALYSIS There is no financial impact to the City of Fort Atkinson for the event. RECOMMENDATION Staff recommends that City Council approve the Chamber of Commerce, Holiday Parade, Sunday, December 6, 2026, from 4:30 PM - 6:00 PM. ATTACHMENTS 1. CHAMBER HOLIDAY PARADE 2026 Page 53 of 194 Page 54 of 194 Page 55 of 194 Page 56 of 194 Page 57 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Review and possible action on a Special Event: Kiwanis Trunk or Treat, Saturday, October 31, 2026, 6:00 - 8:00 pm at Jones Park (Ebbert, Clerk/Treasurer/Finance Director) BACKGROUND The City of Fort Atkinson is committed to supporting quality special events throughout the community. The Special Event Guide and Application was created to assist with planning events in the city and to allow appropriate contact information be obtained and forwarded to Departments. The planning guide is designed to assist members of the community in the planning, preparation and running of events and programs in Fort Atkinson. The Special Event Guide defines a special event as a planned extraordinary occurrence or temporary aggregation of attractions, open to the public, that (a) is conducted on public property, (b) is conducted on private property and has a substantial impact on public property, (c) has activities that request special temporary licenses; or (d) require special city services, whether open to the public or not, including but not limited to, any of the following: street closures, provisions of barricades, garbage cans, stages or special no parking signs, special electrical services, or special police protection. Special events include, but not limited to, neighborhood and community festivals, parades, processions, fairs, and bicycle or foot races. DISCUSSION Kiwanis Event: Trunk or Treat Date of Event: Saturday, October 31, 2026 Hours of Event: Setup 4:00 pm, Event 6:00-8:00 pm, Take Down 9:00 pm Location: Jones Park, parking lot Contact Person: Andy Selle Estimated Number of Attendees: 1500 The Police Department will schedule two Crossing Guards for the event. The application and event information was routed to all City Departments without comments Page 58 of 194 or concerns. FINANCIAL ANALYSIS There is no financial impact to the City of Fort Atkinson for the event. RECOMMENDATION Staff recommends that City Council approve the Kiwanis Trunk or Treat, Saturday, October 31, 2026 from 6:00 - 8:00 pm at Jones Park. ATTACHMENTS 1. Kiwanis Trunk or Treat_Application 2026 Page 59 of 194 Continued E vent Setup Time: Att ach a map of the event including: I am renting a city park I am renting city equipment 8’ white plastic table (43 available; $4.50/each) Qty ____ Qty ____ Additional Picnic Table ($15/each; includes delivery & pick up)* Qty ____ Qty ____ Qty ____ Traffic Cones* Qty ____ Electrical Access The City Electrican may reach out to you to address any needs/concerns. Please specify if you have any requests or requirements beyond current access: CITY OF FORT ATKINSON Special Event Application Fee: $25.00 Event Date (mm/dd/yyyy): Event Tear Down Time: Event Description: Goal/Purpose of Event: Name of Business/Group Organizing Event: Contact Person for Event: Estimated Number of Attendees: Hours of Event: Phone: Email: Day of Event Contact Person (if different from above): Email:Phone Number: Special Event Details Event Location: Event Name: Designated parking areas and available number of spaces*, directional signage for events (i.e. parking guidance), pedestrian street crossing locations, location of any traffic control barricades or personnel to ensure safe coordination of vehicles and pedestrians Additional Garbage/Recycling Can* Barricades* Attach copy of paid park rental from Parks & Recreation Department. Equipment rentals are reservable through the Parks & Recreation office 920-397-9910. You are responsible for picking up, setting up, tearing down, and return of equipment. Each park is equipped with picnic tables and garbage/recycling receptacles, and additional are available upon request. If additional cans are requested, the event coordinator will need to pick up additional can liners from Park & Recreation office. The event coordinator is responsible for trash and recycling disposal. If there is no dumpster on site, a dumpster may be required and is the responsibility of the event coordinator. Metal folding chair (190 available; $0.75/each) Please secure and submit payment for requested equipment prior to submitting Special Event Application. *Attach a map with a location for drop off of equipment with this application. Check all applicable boxes: * I f limited parking available, provide proof of permission from neighboring businesses/property to utilize their parking Page 60 of 194 I w ill be having music Start Time of Music: End Time of Music: _________________ I will be closing a street(s)* Barricades can be provided by Public Works upon request I will be selling beer and/or wine* *Restroom Plan also required with sales of beer and/or wine. Refer to the Special Event Guide. I will be erecting a tent, canopy or other temporary structure.* I am having a walk/race* Responsible Party Signature: Submission Date: For Office Use Only: Date Received: Date Paid: Council Approval / Denial Date: Date applicant notified of Council action and any event stipulations: Event Stipulations: I understand I am responsible for a fire safety and medical plan. I understand it is my responsibility to read the Special Events Guide. I understand I may be re quired to provide Proof of Insurance. I understand that I may need to contact multiple Departments to arrange for assistance. I understand I am responsible for timely clean up after the event. I understand that additional charges may apply and that I can be billed after my event. * Provide proof of permission from neighboring businesses/properties if street closure impacts daily activity *Event coordinator is responsible for ensuring that the temporary structure is safely installed. Event Coordinator is required to contact Diggers Hotline at least 4 business days prior to the event. Diggershotline.com, 1-800-242-8511 *See map instructions above. In addition to the previously listed map requirements, clearly mark your walk/race route on the map. _________________ By signing, I agree to the following statements: (Per City Ordinance 17.03) no person shall cause or allow loud, excessive or unusual noise that will disturb the comfort and quiet repose of persons in the vicinity. All music shall terminate as of 10:00 p.m. City noise ordinance must be followed Alcohol license and licensed bartender(s) required. Contact City Clerk (920) 397-9901 prior to submitting this application. Page 61 of 194 16 15 Kiwanis Milo Street 2 0 2 6 T R U N K TREAT or O C T 3 1 S T 6 P M - 8 P M J o n e s P a r k 18 19 20 21 13 12 10 9 8 7 6 22 5 25 24 23 4 3 2 Page 62 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Rebecca Houseman, City Manager RE: Review and possible action relating to Citizen Appointments to Boards, Commissions and Committees (Houseman, City Manager) BACKGROUND The City has a wide variety of Committees, Commissions, and Boards made up of citizens, staff, and elected officials. Some of these groups are outlined in the City’s Ordinances. Most often, the City Manager is responsible for appointing citizen members, subject to approval by the City Council. Similarly, in most cases, the Council President is responsible for appointing Council members to these groups. DISCUSSION The following citizen members are eligible for appointment or reappointment to the Committees, Commissions, and Boards below for the terms indicated: Airport Committee • Mitch Heath for a four-year term ending in 2031 Note the following vacancies for citizens on City Commissions, Committees, and Boards: • Board of Zoning Appeals (two seats) • Cable Television Committee (two seats) • Parks and Recreation Advisory Board (one seat) • Plan Commission (one seat) Staff continues to work on filling these vacancies and encourages members of the public to submit an application to serve if interested. Page 63 of 194 FINANCIAL ANALYSIS The appointments of citizens to these Committees, Commissions, and Boards is not expected to impact the City financially. RECOMMENDATION Staff recommends that the City Council confirm the appointments listed in this memo through the Consent Agenda. ATTACHMENTS 1. Mitch Heath Airport Advisory Committee App_Redacted Page 64 of 194 City of Fort Atkinson City Manager’s Office 101 N. Main Street Fort Atkinson, WI 53538 CITIZEN SERVICE INFORMATION FORM Name (Print): ______________________________________________ Date: _______________ Last First Middle Home Address: ______________________ _______ Busines s Name/Address: ________________________________________________________________ Telephone (Home): __________ (Work): _____________________________ Email Address: ___________________________________________ _______ How lo ng have you lived in the City of Fort Atkinson? ____________________________________ ____ Which Boa rds, Commissions and/or Committees interest you? __________________________________ __________________________________________________________________________________ ___ Please g ive a brief overview of your background, experience, interest or concerns in the above areas: References: 1. __________ ______ ___________________________________ Phone: _ 2. __________ ______ ___________________________________ Phone:_ _______________________________________ Signature Ret urn this form to: City Manager’s Office 101 North Main Street Fort Atkinson WI 53538 sweihert@fortatkinsonwi.gov Heath, Mitchell Adam Michael 7/27/26 Airport Advisory Committee Cole Jacquin Page 65 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Review and possible action on a Special Event: Fort Nutrition You Matter: Suicide Prevention 1-mile walk Sunday, September 27, 2026 from 9 am to 12 pm at Fort Nutrition and the Bike path (Ebbert, Clerk/Treasurer/Finance Director) BACKGROUND The City of Fort Atkinson is committed to supporting quality special events throughout the community. The Special Event Guide and Application was created to assist with planning events in the city and to allow appropriate contact information be obtained and forwarded to Departments. The planning guide is designed to assist members of the community in the planning, preparation and running of events and programs in Fort Atkinson. The Special Event Guide defines a special event as a planned extraordinary occurrence or temporary aggregation of attractions, open to the public, that (a) is conducted on public property, (b) is conducted on private property and has a substantial impact on public property, (c) has activities that request special temporary licenses; or (d) require special city services, whether open to the public or not, including but not limited to, any of the following: street closures, provisions of barricades, garbage cans, stages or special no parking signs, special electrical services, or special police protection. Special events include, but not limited to, neighborhood and community festivals, parades, processions, fairs, and bicycle or foot races. DISCUSSION Fort Nutrition ft NAMI Southeast Event: You Matter Suicide Prevention 1-Mile walk Dates and Hours of Event: Sunday, September 27, 2026 9:00 am - 12:00 pm Setup: 8:00 am Tear down: 12:00 pm Event Location: Fort Nutrition/Bike Path, 1220 Janesville Ave #200 Contact Person: Kaia Dorn Estimated Number of Attendees: 20-40 The application and event information was routed to all City Departments without comments Page 66 of 194 or concerns. FINANCIAL ANALYSIS There is no financial impact to the City of Fort Atkinson for the event. RECOMMENDATION Staff recommends that City Council approve the Special Event: ou Matter Suicide Prevention 1- Mile walk on Sunday, September 27, 2026 from 9:00 am - 12:00 pm at Fort Nutrition and the Bike Path. ATTACHMENTS 1. You Matter 1 Mile Map 2. You Matter Suicide Prevention 1mile App 9.27.26 3. You Matter - Letter 9.27.26 Page 67 of 194 Page 68 of 194 Page 69 of 194 Page 70 of 194 Page 71 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Rebecca Houseman, City Manager RE: Review and possible action relating to a Resolution requesting exemption from the County Library Tax for the City of Fort Atkinson (Houseman, City Manager) BACKGROUND The Jefferson County Board has established a County Library Service and levies a County Library Tax. State Statutes provide that a municipality is exempt from this County Library Tax if the municipality levies a minimum amount for public library services. Annually in September, the County calculates the minimum levy for municipalities to qualify for this exemption. DISCUSSION In August, the City received the attached letter from the Jefferson County Finance Department reminding the City of the minimum appropriation to the Dwight Foster Public Library in order to be exempt from paying the County Library Tax. Per the attached documentation and statutory calculation, the City is required to appropriate at least $331,699 to the Dwight Foster Public Library to be exempt from the tax. The City is proposing to levy $650,400 in property taxes to fund Library operations in 2027. This amount exceeds the minimum appropriation for exemption from the County Library Tax. The proposed amount to be levied ($650,400) represents an increase of $13,400 over the 2026 levied amount of $637,000, or just over 2%. FINANCIAL ANALYSIS The City requests this exemption annually through a similar resolution. If the City Council does not approve the request for the exemption, the County may require the City to levy additional property taxes to contribute to the County library system. RECOMMENDATION Staff recommends that the City Council adopt the Resolution requesting exemption from the County Library Tax and direct the City Clerk to provide copies of the Resolution to the County Clerk and the Jefferson County Library Council Administrator. Page 72 of 194 ATTACHMENTS 1. Municipal Library Letter-2027 2. Municipal libraries 2026 - Minimums 3. COFA Library Exemption Resolution 2027 Page 73 of 194 September 3, 2025 Municipal Libraries in Jefferson County: This letter is a reminder to all municipal libraries in Jefferson County that your village or city must tax and appropriate a minimum amount to your library fund for 2027 expenditures in order to qualify for an exemption from the Jefferson County library tax. I have enclosed a spreadsheet that lists the MINIMUM APPROPRIATION for each of you to qualify for this exemption. Note that if your municipality is situated in two counties, you must also coordinate this calculation with that other county. I have also summarized below how this calculation is made: From Wisconsin Statutes 43.64 1. Divide the amount of tax levied by the county for public library service in the prior year by the equalized valuation of property in that area of the county that was subject to the county property tax levy for public library services in the prior year. 2. Multiply the amount determined above by the equalized valuation of property in the city, village, town, or school district for the current year. Your municipal governing body must also pass a resolution annually requesting an exemption from the county library tax. Section 43.64 of the Wisconsin Statutes requires this procedure to avoid double taxation of your municipality for library purposes. The County Clerk’s office calculates the tax assessment in the middle of November. Please have your resolution acted upon and mailed to arrive by November 1 st. If it is not on file when the tax assessment is calculated, your municipality will be taxed as required by Wisconsin Statutes. An electronic copy of the sample resolution is attached. If you have any problems or questions concerning this, please feel free to contact me at 920-674-7142. Sincerely, Marc A. DeVries, CPA Finance Director Jefferson County Jefferson County Finance Department 311 S. Center Ave. Room 109 Jefferson, WI 53549 Telephone (920) 674-7434 Fax (920) 674-7368 Marc A. DeVries, CPA Finance Director Kylie Kamholz Donna Miller Morgan Toutant Tamara L. Worzalla, CPA Page 74 of 194 Prior year rate for Library Levy = 0.000219192 (2024 equalized value, 2025 budget) (2026 Budget Year) 2026 EQUALIZED VALUE MINIMUM TO EXEMPT 2027 Village of Cambridge** 10,290,000 2,255$ Village of Johnson Creek 635,115,700 139,212$ Village of Palmyra 207,306,900 45,440$ City of Fort Atkinson 1,677,984,800 367,801$ City of Jefferson 1,003,334,200 219,923$ City of Lake Mills 1,102,288,600 241,613$ City of Waterloo 401,545,100 88,016$ City of Watertown ** 1,749,020,500 383,372$ City of Whitewater ** 137,233,500 30,081$ 6,924,119,300 ** These municipalities have residents in multiple Counties, therefore there are additional aggregate full values that need to be added to their municipal values to determine their needed appropriations. Equalized values are TID out. Jefferson County Library Exemption Minimum M:\City Manager\3. SARAH\1. City Council stuff\2026\18 Sept 15\Municipal libraries 2026 Minimums 9/11/2026,1:56 PM Page 75 of 194 RESOLUTION NO. RESOLUTION REQUESTING EXEMPTION FROM THE COUNTY LIBRARY TAX FOR THE CITY OF FORT ATKINSON WHEREAS, the Jefferson County Board has established a county library service and levies a county library tax as authorized under Section 43.57 (3) of the Wisconsin Statutes; and WHEREAS, Section 43.64 (2) (b) of the Wisconsin Statutes provides that a village or city is exempt from the county library tax if it levies a tax for public library service and appropriates and expends for a library fund as defined by s.43.52 (1) during the year for which the county tax levy is made a sum at least equal to the county library tax rate in the prior year multiplied by the equalized valuation of the property in the city or village for the current year; and WHEREAS, the City of Fort Atkinson will, in 2027, appropriate and expend an amount in excess of that calculated above; and WHEREAS, the City of Fort Atkinson’s draft 2027 Operating Budget appropriates $650,400 to the Dwight Foster Public Library Fund (Fund 15), which exceeds the statutory calculation in 2027 of $367,801. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fort Atkinson hereby requests of the Jefferson County Board of Supervisors that the City of Fort Atkinson be exempted from the payment of any tax for the support of the County Library Service as provided in Wis. Stats. Section 43.64 (2). BE IT FURTHER RESOLVED that the City Council direct the City Clerk to provide copies of this Resolution to the following parties: ADMINISTRATOR COUNTY CLERK Jefferson County Library Council 320 S. Main Street, Room 109 Dwight Foster Public Library Jefferson, WI 53549 209 Merchants Avenue Fort Atkinson, WI 53538 Adopted by the City Council of the City of Fort Atkinson this 15th day of September, 2026. ATTEST: Kyle Jaeckel, Council President Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 76 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Second and possible third/final reading of an Ordinance regarding an amendment to Section 6-33 of the City of Fort Atkinson Municipal Code relating to provisional operator licenses (Ebbert, Clerk/Treasurer/Finance Director) BACKGROUND An Operator's License, often referred to as a 'Bartender License' is issued to an individual to serve or sell alcoholic beverages at a retail/licensed premises according to State Statute 125.17. Licensed premises include businesses that hold a Class A or Class B alcohol license. Operator licenses may only be used in the municipality where issued. However, they may be used at any licensed location within the municipality. Operator licenses issued in the City of Fort Atkinson are valid for two years. Applicants for an operator's license must be 18 years of age, not be convicted of a felony, or be habitual law offenders. They must also provide proof of successfully taking a responsible beverage server's course. DISCUSSION A provisional operator license is a license that can be issued up to 60 days to an Operator License applicant during the interm of applying for such license and receiving the license. A provisional license will allow an individual to work at a licensed establishment while their operator license is being processed. In order for an applicant to receive a provisional license, an applicant must provide proof of a license issued by another municipality, proof of completion of a responsible beverage server course or confirmation of enrollment in a responsible beverage server course. Over the past few years, the responsible beverage server course has been made available online for 24/7 accessibility. Prior to the online availability, the server class was offered in person only a few times per month at Technical Colleges or other educational locations. Operator License applicants could be issued a Provisional with proof of their server course registration according to State Statutes, (b) A municipal governing body or designated municipal official shall issue a provisional Page 77 of 194 operator’s license to a person who is enrolled in a training course under par. (a) and who meets the standards established by the municipality by ordinance, if any. Current City of Fort Atkinson Ordinance reflects the following: Sec. 6-33. Licenses (f)Provisional operator's license. The city clerk may issue a provisional license to a person who, at the time of applying for an operator's license and paying the fee, files a certified copy of a valid operator's license issued by another municipality. Current ordinances does not acknowledge that a Provisional License can be issued to an Operator License application upon proof of completion of a responsible beverage server course or proof of enrollment in a responsible beverage server course. Staff recommends language be amended to state the following: (f)Provisional operator's license. The city clerk may issue a provisional license to a person who, at the time of applying for an operator's license and paying the fee, files a certified copy of a valid operator's license issued by another municipality or provides completion of a training course or confirms enrollment in a training course. FINANCIAL ANALYSIS Staff does not anticipate a financial impact as a result of this ordinance change. RECOMMENDATION The Ordinance Committee reviewed this item at their meeting on July 21, 2026, and recommended to City Council for review. The City Council approved the first reading at their September 1, 2026 meeting. Staff recommends the City Council perform the second reading of the Ordinance, suspend the rules and offer a third/final reading, and adopt the Ordinance as proposed. ATTACHMENTS 1. Ord Provisional Licenses - REDLINED 2. Ord Provisional Licenses - Final 9.15.26 Page 78 of 194 ORDINANCE NO. ____ AN ORDINANCE TO AMEND SECTIONS OF CHAPTER 6 OF THE CITY OF FORT ATKINSON CODE OF GENERAL ORDINANCES RELATING TO LICENSES NOW THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, does hereby ordain as follows: Section 1. Amends Section 6-33(f) of the City of Fort Atkinson Municipal Code to read as follows: (f)Provisional operator's license. The city clerk may issue a provisional license to a person who, at the time of applying for an operator's license and paying the fee, files a certified copy of a valid operator's license issued by another municipality or provides completion of a training course or confirms enrollment in a training course. . Section 4. Effective Date. This ordinance shall take effect on after passage, publication, and attestation as required by law. Enacted by the City Council of the City of Fort Atkinson, Jefferson County, Wisconsin, this __________ day of ____________, 2026. Fort Atkinson City Council Kyle Jaeckel, President ATTEST: Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 79 of 194 ORDINANCE NO. ____ AN ORDINANCE TO AMEND SECTIONS OF CHAPTER 6 OF THE CITY OF FORT ATKINSON CODE OF GENERAL ORDINANCES RELATING TO LICENSES NOW THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, does hereby ordain as follows: Section 1. Amends Section 6-33(f) of the City of Fort Atkinson Municipal Code to read as follows: (f)Provisional operator's license. The city clerk may issue a provisional license to a person who, at the time of applying for an operator's license and paying the fee, files a certified copy of a valid operator's license issued by another municipality or provides completion of a training course or confirms enrollment in a training course. Section 4. Effective Date. This ordinance shall take effect on after passage, publication, and attestation as required by law. Enacted by the City Council of the City of Fort Atkinson, Jefferson County, Wisconsin, this __________ day of ____________, 2026. Fort Atkinson City Council Kyle Jaeckel, President ATTEST: Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 80 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Adrian Bump, Police Chief RE: Third/final reading and possible adoption of an Ordinance to amend Section 58-148 of the City of Fort Atkinson Municipal Code relating to the sale of tobacco, nicotine products, electronic smoking devices, and electronic smoking device paraphernalia near certain locations (Bump, Police Chief) BACKGROUND The main goal of section 58-148(d)(3) of the Fort Atkinson City ordinance is to reduce the availability and visibility of smoking products that include Tobacco, Vape, Electronic Smoking Devices, Electronic Smoking Device Paraphernalia, Pipes, Hookahs, Rolling Papers, and other miscellaneous nicotine consumables and smoke products to youth. In 2022, this ordinance was originally drafted as multiple new businesses were opening their doors next to the Fort Atkinson High School. At that time, insufficient attention was given to other locations that should have been included in the distance restrictions. This ordinance intends to prevent future businesses from opening retail locations not only near schools but also near city parks, out-of-school time programming locations, youth centers, or youth-serving organizations. This ordinance amendment will help reduce opportunities where marketing and sales, either intentionally or unintentionally, target youth. In addition to this change, a review of the ordinance also revealed required updates after Federal Law changes that raised the legal age from 18 to 21. This update reflects those changes as well. The City Council performed a first reading of this Ordinance at the meeting on August 15, 2026 and voted to amend the Ordinance to remove parks from the list of prohibited locations. A deeper dive into the conflicting state and federal laws relating to the smoking age found that municipalities are not able to create a local ordinance prohibiting the sale of tobacco and related materials until such time that the state of Wisconsin establishes such a law. The attached Substitute Amendment #1 reflects these changes from the original amendment presented on August 15th. DISCUSSION Page 81 of 194 At least 44% of teens in the US attend school within 1,000 feet of a tobacco retailer, and 77% of public schools are within a 10-minute walk of a tobacco retailer. This is important because when there are more stores near schools, youth smoking rates are higher. A 2019 systematic review of both US-based and international studies found a positive association between higher density of stores near schools and youth susceptibility to future smoking. One study found that schools with more stores within walking distance have higher smoking prevalences than schools with fewer retailers nearby. Stores near schools in some areas may be more likely to sell to minors or to display more tobacco advertising than others. A study conducted in Washington D.C. found that illicit sales to minors were higher in tobacco retailers located closer to high schools. The researchers also found that the closer retailers were located to a public high school, the more likely they were to display exterior tobacco advertising. Countertobacco.org Tobacco use is the leading cause of preventable death in the U.S., resulting in over 480,000 deaths and $170 billion in health care expenses each year. While the U.S. has greatly reduced cigarette smoking, youth use of e-cigarettes has skyrocketed in recent years. According to the 2019 National Youth Tobacco Survey, e-cigarette use among high school students nationwide more than doubled between 2017 and 2019 (from 11.7% to 27.5%) and over 5.3 million U.S. kids now use e-cigarettes. Research shows that 97% of current youth e-cigarette users used a flavored product in the past month, and 80% of youth who had ever used tobacco started with a flavored product. Tobaccofreekids.org Knowing this data, communities need to do more to reduce visibility and availability to youth who are easily tempted by targeted marketing and easy accessibility near places youth go for education and mentorship. FINANCIAL ANALYSIS Financial impact on the City is specific to the passing and publishing of the ordinance. The ordinance is focused on future businesses and will not target businesses currently in operation. RECOMMENDATION Staff recommends that the City Council approve the ordinance with Substitute Amendment #1 amending Section 58-148 of the City of Fort Atkinson Municipal Code relating to the sale of tobacco, nicotine products, electronic smoking devices, and electronic smoking device paraphernalia in certain locations. ATTACHMENTS 1. Sec._58_148.___Sale_of_tobacco_and_possession_of_tobacco_and_electronic_cigarettes_b y_minors 2. ProposedTobaccoOrdinance_V2_8.21.2026 Youth Centers 3. SUB AMEND 1 Ord. No. Section 58-148 - Tobacco and Youth Locations Page 82 of 194 4. AMEND 1 Ord. No. Section 58-148 - Tobacco and Youth Locations Final Page 83 of 194 Created: 2026-04-30 10:33:25 [EST] (Supp. No. 30) Page 1 of 2 Sec. 58-148. Sale of tobacco and possession of tobacco and electronic cigarettes by minors. (a) The city council finds and declares the following: (1) Tobacco is the leading cause of preventable death in the United States and the leading risk factor contributing to the burden of disease in the world's high-income countries. According to the Centers for Disease Control and Prevention (CDC), more than 400,000 deaths each year are attributable to tobacco use, including one-third of all cancer deaths. (2) Social norms about smoking influence smoking rates, particularly among those not addicted. Studies have found that strong governmental regulation of smoking corresponds and may contribute to anti - smoking norms. Social unacceptability has been repeatedly shown to be an important influence on both initiation and quitting. (3) Local regulations are necessary to control the location and operation of the sale or exchange of tobacco products for the protection of public health, safety, and welfare. (b) Definitions. (1) Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. It includes any such device whether manufactured, distributed, marketed, or sold as an electronic cigarette, commonly known as e-cigarettes; an electronic cigar; an electronic cigarillo; an electronic pipe; an electronic hookah; vape pen; or any other product name or descriptor. (2) Electronic smoking device paraphernalia means a cartridge, cartomizer, e-liquid, smoke juice, tip, atomizer, electronic smoking device battery, electronic smoking device charger, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. It doe s not include any cigarette, as defined in Wis. Stats. § 139.30(1m), nicotine product, as defined in Wis. Stats. § 134.66(1)(f), or tobacco products, as defined in Wis. Stats. § 139.75(12). (3) Person means any individual, partnership, firm, organization, association, corporation, trustee, or other legal entity of any kind. (4) Vending machine means any mechanical device that automatically dispenses electronic smoking devices or electronic smoking device paraphernalia when money or tokens are deposited in the device in payment for electronic smoking devices or electronic smoking device parapher nalia. (c) Prohibition. (1) No person may sell or give any person under the age of 18 any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia at any time. (2) No person under 18 years of age may purchase or possess any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia. (3) No person may purchase any tobacco, nicotine product, electronic smoking devices, or electronic smoking device paraphernalia on behalf of, or to provide to, any person who is under 18 years of age. (4) No person may provide for nominal or no consideration any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years. (d) Regulations. Page 84 of 194 Created: 2026-04-30 10:33:25 [EST] (Supp. No. 30) Page 2 of 2 (1) The owner or operator of an establishment that sells tobacco, nicotine products, electronic smoking devices, or electronic smoking device paraphernalia shall post a sign in the immediate area where those products are sold stating that the sale of any said products to a person under the age of 18 is unlawful under this section. (2) A person or vending machine operator may not sell tobacco, nicotine products, electronic smoking devices, or electronic smoking device paraphernalia from a vending machine, except in an establishment where individuals under the age of 18 are not present or permitted at any time, as provided in § 21 CFR Part 1140.16(c)(2)(ii). (3) No sale of tobacco, nicotine products, electronic smoking devices, nor electronic smoking device paraphernalia is permitted within 1,000 feet of the nearest point of the property line of a public or private school. (4) Establishments currently operating at a location where sales would otherwise under subsection (d)(3) be prohibited may continue to operate. (5) Only those establishments which derive more than 50 percent of their gross income from the sale of tobacco, nicotine products, electronic smoking devices, and/or electronic smoking device paraphernalia shall be subject to the ordinance codified herein. (e) Defense of seller. Proof of all the following facts by a person who sells electronic smoking devices or electronic smoking device paraphernalia to a person under the age of 18 is a defense to any prosecution for a violation of subsection (b)(1): (1) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card, and (2) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18, and (3) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18. (f) Penalties. (1) Any person convicted of violating this section, shall be subject to the following forfeitures: a. Not less than $100.00 nor more than $400.00 if the person has not committed a previous violation within 12 months of the violation. b. Not less than $200.00 nor more than $500.00 if the person has committed a previous violation within 12 months of the violation. (Ord. No. 774, 2-5-19; Ord. No. 812, § 1, 2-17-22) Page 85 of 194 Page 86 of 194 SUBSTITUTE AMENDMENT #1 ORDINANCE NO. ____ AN ORDINANCE TO AMEND SECTION 58-148 OF THE CITY OF FORT ATKINSON MUNICIPAL CODE RELATING TO THE SALE OF TOBACCO, NICOTINE PRODUCTS, ELECTRONIC SMOKING DEVICES, AND ELECTRONIC SMOKING DEVICE PARAPHERNALIA NEAR CERTAIN LOCATIONS NOW, THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, do ordain as follows: Section 1. Section 58-148 of the City of Fort Atkinson Municipal Code is hereby amended to read as follows: “Sec. 58-148. Sale of tobacco and possession of tobacco and electronic cigarettes by minors. (A) The City Council finds and declares the following: (1) Tobacco is the leading cause of preventable death in the United States and the leading risk factor contributing to the burden of disease in the world’s high- income countries. According to the Centers for Disease Control and Prevention (CDC), more than 400,000 deaths each year are attributable to tobacco use, including one-third of all cancer deaths. (2) Social norms about smoking influence smoking rates, particularly among those not addicted. Studies have found that strong governmental regulation of smoking corresponds and may contribute to anti-smoking norms. Social unacceptability has been repeatedly shown to be an important influence on both initiation and quitting. (3) Local regulations are necessary to control the location and operation of the sale or exchange of tobacco products for the protection of public health, safety, and welfare. (B) Definitions. (1) Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. It includes any such device whether manufactured, distributed, marketed, or sold as an electronic cigarette, commonly known as e- cigarettes; an electronic cigar; an electronic cigarillo; an electronic pipe; an electronic hookah; vape pen; or any other product name or descriptor. (2) Electronic smoking device paraphernalia means a cartridge, cartomizer, e-liquid, smoke juice, tip, atomizer, electronic smoking device battery, electronic smoking device charger, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. It does not include any cigarette, as defined in Page 87 of 194 Wis. Stats. § 139.30(1m), nicotine product, as defined in Wis. Stats. § 134.66(1)(f), or tobacco products, as defined in Wis. Stats. § 139.75(12). (3) Person means any individual, partnership, firm, organization, association, corporation, trustee, or other legal entity of any kind. (4) Vending machine means any mechanical device that automatically dispenses electronic smoking devices or electronic smoking device paraphernalia when money or tokens are deposited in the device in payment for electronic smoking devices or electronic smoking device paraphernalia. (5) Out-of-School Time Program means a place or setting dedicated to the development of youth outside of schools. These environments operate during non-school hours and are supervised by adults focused on the academic, social, emotional, and physical growth of young people. These organizations fall under a broader asset-based model known as Positive Youth Development (PYD), which emphasizes building a youth’s strengths and resiliency rather than simply treating problems. (6) Youth Center means a community-based space that accommodates unstructured social interaction, recreation, and institutional classes in a safe, supervised environment. (7) Youth-Serving Organization means a larger, long-standing association that provides a wide array of activities, mentorship, and career pathways, such as Boys and Girls Clubs, YMCA, 4-H, and Badgerland Afterschool Enrichment Program (BASE). (8) Out-of-School Youth (OSY) means a legal classification (often used in workforce or community service grants) for youth under specific age limits who are not attending any standard educational institution. (C) Prohibition. (1) No person may sell or give any person under the age of 18 any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia at any time. (2) No person under 18 years of age may purchase or possess any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia. (3) No person may purchase any tobacco, nicotine product, electronic smoking devices, or electronic smoking device paraphernalia on behalf of, or to provide to, any person who is under 18 years of age. (4) No person may provide for nominal or no consideration any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years. (D) Regulations. (1) The owner or operator of an establishment that sells tobacco, nicotine products, electronic smoking devices, or electronic smoking device paraphernalia shall post a Formatted: Indent: Left: 0", First line: 0" Page 88 of 194 sign in the immediate area where those products are sold stating that the sale of any said products to a person under the age of 18 is unlawful under this section. (2) A person or vending machine operator may not sell tobacco, nicotine products, electronic smoking devices, or electronic smoking device paraphernalia from a vending machine, except in an establishment where individuals under the age of 18 are not present or permitted at any time, as provided in § 21 CFR Part 1140.16(c)(2)(ii). (3) No sale of tobacco, nicotine products, electronic smoking devices, nor electronic smoking device paraphernalia is permitted within 1,000 feet of the nearest point of the property line of a public or private school and any out-of-school youth programming location, youth center, or youth-serving organization per the definitions included in (B). (4) Establishments currently operating at a location where sales would otherwise under (3) be prohibited may continue to operate. (5) Only those establishments which derive more than 50% of their gross income from the sale of tobacco, nicotine products, electronic smoking devices, and/or electronic smoking device paraphernalia shall be subject to this ordinance. (E) Defense of seller. Proof of all the following facts by a person who sells electronic smoking devices or electronic smoking device paraphernalia to a person under the age of 18 is a defense to any prosecution for a violation of subsection (b)(1): (1) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card, and (2) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18, and (3) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18. (F) Penalties. (1) Any person convicted of violating this section, shall be subject to the following forfeitures: a. Not less than $100.00 nor more than $400.00 if the person has not committed a previous violation within 12 months of the violation. b. Not less than $200.00 nor more than $500.00 if the person has committed a previous violation within 12 months of the violation. (Ord. No. 774, 2-5-19)” Section 2. This ordinance shall take effect upon passage, posting, or publication as provided by law. Page 89 of 194 Enacted by the City Council of the City of Fort Atkinson, Jefferson County, Wisconsin, this __________ day of ____________, 2026. CITY OF FORT ATKINSON Kyle Jaeckel, City Council President ATTEST: Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 90 of 194 SUBSTITUTE AMENDMENT #1 ORDINANCE NO. ____ AN ORDINANCE TO AMEND SECTION 58-148 OF THE CITY OF FORT ATKINSON MUNICIPAL CODE RELATING TO THE SALE OF TOBACCO, NICOTINE PRODUCTS, ELECTRONIC SMOKING DEVICES, AND ELECTRONIC SMOKING DEVICE PARAPHERNALIA NEAR CERTAIN LOCATIONS NOW, THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, do ordain as follows: Section 1. Section 58-148 of the City of Fort Atkinson Municipal Code is hereby amended to read as follows: “Sec. 58-148. Sale of tobacco and possession of tobacco and electronic cigarettes by minors. (A) The City Council finds and declares the following: (1) Tobacco is the leading cause of preventable death in the United States and the leading risk factor contributing to the burden of disease in the world’s high- income countries. According to the Centers for Disease Control and Prevention (CDC), more than 400,000 deaths each year are attributable to tobacco use, including one-third of all cancer deaths. (2) Social norms about smoking influence smoking rates, particularly among those not addicted. Studies have found that strong governmental regulation of smoking corresponds and may contribute to anti-smoking norms. Social unacceptability has been repeatedly shown to be an important influence on both initiation and quitting. (3) Local regulations are necessary to control the location and operation of the sale or exchange of tobacco products for the protection of public health, safety, and welfare. (B) Definitions. (1) Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. It includes any such device whether manufactured, distributed, marketed, or sold as an electronic cigarette, commonly known as e- cigarettes; an electronic cigar; an electronic cigarillo; an electronic pipe; an electronic hookah; vape pen; or any other product name or descriptor. (2) Electronic smoking device paraphernalia means a cartridge, cartomizer, e-liquid, smoke juice, tip, atomizer, electronic smoking device battery, electronic smoking device charger, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. It does not include any cigarette, as defined in Page 91 of 194 Wis. Stats. § 139.30(1m), nicotine product, as defined in Wis. Stats. § 134.66(1)(f), or tobacco products, as defined in Wis. Stats. § 139.75(12). (3) Person means any individual, partnership, firm, organization, association, corporation, trustee, or other legal entity of any kind. (4) Vending machine means any mechanical device that automatically dispenses electronic smoking devices or electronic smoking device paraphernalia when money or tokens are deposited in the device in payment for electronic smoking devices or electronic smoking device paraphernalia. (5) Out-of-School Time Program means a place or setting dedicated to the development of youth outside of schools. These environments operate during non-school hours and are supervised by adults focused on the academic, social, emotional, and physical growth of young people. These organizations fall under a broader asset-based model known as Positive Youth Development (PYD), which emphasizes building a youth’s strengths and resiliency rather than simply treating problems. (6) Youth Center means a community-based space that accommodates unstructured social interaction, recreation, and institutional classes in a safe, supervised environment. (7) Youth-Serving Organization means a larger, long-standing association that provides a wide array of activities, mentorship, and career pathways, such as Boys and Girls Clubs, YMCA, 4-H, and Badgerland Afterschool Enrichment Program (BASE). (8) Out-of-School Youth (OSY) means a legal classification (often used in workforce or community service grants) for youth under specific age limits who are not attending any standard educational institution. (C) Prohibition. (1) No person may sell or give any person under the age of 18 any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia at any time. (2) No person under 18 years of age may purchase or possess any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia. (3) No person may purchase any tobacco, nicotine product, electronic smoking devices, or electronic smoking device paraphernalia on behalf of, or to provide to, any person who is under 18 years of age. (4) No person may provide for nominal or no consideration any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years. (D) Regulations. (1) The owner or operator of an establishment that sells tobacco, nicotine products, electronic smoking devices, or electronic smoking device paraphernalia shall post a Page 92 of 194 sign in the immediate area where those products are sold stating that the sale of any said products to a person under the age of 18 is unlawful under this section. (2) A person or vending machine operator may not sell tobacco, nicotine products, electronic smoking devices, or electronic smoking device paraphernalia from a vending machine, except in an establishment where individuals under the age of 18 are not present or permitted at any time, as provided in § 21 CFR Part 1140.16(c)(2)(ii). (3) No sale of tobacco, nicotine products, electronic smoking devices, nor electronic smoking device paraphernalia is permitted within 1,000 feet of the nearest point of the property line of a public or private school and any out-of-school youth programming location, youth center, or youth-serving organization per the definitions included in (B). (4) Establishments currently operating at a location where sales would otherwise under (3) be prohibited may continue to operate. (5) Only those establishments which derive more than 50% of their gross income from the sale of tobacco, nicotine products, electronic smoking devices, and/or electronic smoking device paraphernalia shall be subject to this ordinance. (E) Defense of seller. Proof of all the following facts by a person who sells electronic smoking devices or electronic smoking device paraphernalia to a person under the age of 18 is a defense to any prosecution for a violation of subsection (b)(1): (1) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card, and (2) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18, and (3) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18. (F) Penalties. (1) Any person convicted of violating this section, shall be subject to the following forfeitures: a. Not less than $100.00 nor more than $400.00 if the person has not committed a previous violation within 12 months of the violation. b. Not less than $200.00 nor more than $500.00 if the person has committed a previous violation within 12 months of the violation. (Ord. No. 774, 2-5-19)” Section 2. This ordinance shall take effect upon passage, posting, or publication as provided by law. Page 93 of 194 Enacted by the City Council of the City of Fort Atkinson, Jefferson County, Wisconsin, this __________ day of ____________, 2026. CITY OF FORT ATKINSON Kyle Jaeckel, City Council President ATTEST: Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 94 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Ben Dayton, Director of Parks and Recreation RE: Third/final reading and possible adoption of an Ordinance to amend multiple sections of Chapter 62 of the City of Fort Atkinson Municipal Code of Ordinances relating to park regulations (Dayton, Director of Parks and Recreation) BACKGROUND Parks and Recreation Director Dayton and the Recreation Advisory Board Rules and Ordinances Subcommittee conducted a focused review of Chapter 62, Articles I and II of the City’s Codes and Ordinances. Additionally, the subcommittee investigated the addition of a new ordinance to prohibit the use of smoking, vaping, and e-cigarettes products within the City's park system. The City Council performed the first reading at the meeting on August 18th. After a proposed amendment to change the areas where smoking would be prohibited in parks failed, the motion to direct the City Manager to prepare the ordinance for a second reading carried. The second reading was held September 1. DISCUSSION Staff provided the subcommittee with a proposal adopting new ordinance to prohibit smoking, vaping, and the use of e-cigarettes within city parks and on public trails. Additionally, revisions were recommended to existing ordinances regarding pets on designated park property, protection of City property within the parks system, glass bottle restrictions, and park hours of operation. These amendments are intended to align current usage of park facilities with City ordinance. The following recommendations and rationales are proposed: ARTICLE I. - IN GENERAL Sec. 62-1. - Animals on city park grounds: Staff proposes extending this ordinance to include designated athletic fields and playgrounds. This restriction is intended to prevent damage to prepared ballfields and ensure playgrounds remain free of animal waste. Also, extending the ordinance to easily recognizable facilities without the need for additional posted signage. Page 95 of 194 Sec. 62-2. - Operation of vehicles, animals restricted; destruction of property. Staff recommends adding language to specifically identify the unauthorized tampering with city property during activities such as geocaching and the use of metal detectors. While geocaching is recognized as an acceptable activity, the intent is to prevent the modification of or damage to facilities and property. Sec. 62-4. - Possession, consumption of alcohol prohibited. Staff recommendations include removing the prohibition of alcohol consumption in Bicentennial Park. The original ordinance was adopted when the park was located in a different area. Memorial Park will remain on the list due to its primary use as a youth sports facility. The ordinance will also be updated to include legal, hemp-derived THC beverage products and a citywide prohibition of glass bottles in parks to enhance public safety and reduce the risk of injury from broken glass. Sec. 62-5. - Smoking, vaping, and e-cigarettes prohibited. (proposed new ordinance) Staff recommends, with subcommittee support, the adoption of a new ordinance prohibiting the use of smoke or vapor producing products within park spaces. Aside from public health concerns, the intent is to remove smoking and vaping from public events, youth activities, and locations where the general public will congregate. Under the proposed rules, the use of these products would be restricted to areas within the public right-of-way. ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Sec. 62-37. - Hours of operation. Staff recommends that park hours mirror the weekend hours established by the citywide curfew ordinance (Section 58-197). This update also includes the removal of specific, outdated hours previously set for Bicentennial Park. FINANCIAL ANALYSIS Staff does not anticipate a significant financial impact associated with the recommended new ordinance and ordinance amendments. RECOMMENDATION Staff, the Parks and Recreation Advisory Board, and the Ordinance Committee recommended the City Council adopt the Ordinance amendments to Chapter 62 relating to park regulations as proposed. ATTACHMENTS 1. Chapter_62___PARKS_AND_RECREATION 2. Ord No Parks and Recreation Section 62 DRAFT REDLINE 3. Ord No Parks and Recreation Section 62 FINAL Page 96 of 194 - REVISED CODE OF ORDINANCES Chapter 62 PARKS AND RECREATION Fort Atkinson, Wisconsin, Code of Ordinances Created: 2026-04-30 10:33:26 [EST] (Supp. No. 30) Page 1 of 5 Chapter 62 PARKS AND RECREATION1 ARTICLE I. IN GENERAL Sec. 62-1. Animals on city park grounds. It shall be unlawful for any animal to be on city park grounds if the parks are so posted. (Code 1969, § 7.06) Cross reference(s)—Animals generally, ch. 10. Sec. 62-2. Operation of vehicles, animals restricted; destruction of property. (a) It shall be unlawful for any person to operate or cause to be operated any motorcycle, motorbike or motor scooter on the public sidewalks or pedestrian walkways in any of the parks in the city. It shall further be unlawful for any person to operate a snowmobile on any city-owned or -controlled property or public park without the express approval of the council. (b) No person, not duly authorized, shall ride, drive or lead any horse or other animal, or drive any motor vehicle, upon or across any public park except upon the driveways, and park except upon the driveways and parking areas specifically provided for such purposes. (c) No person shall cut, pick, break, dig up, deface or in any manner injure any tree, shrub, plant, flower, grass or other public property in any public park or street. (Code 1969, § 16.01(C)) Cross reference(s)—Animals generally, ch. 10; traffic and vehicles, ch. 94. Sec. 62-3. Injury and damage. Any person who shall in any manner willfully or maliciously injure or damage any public property in or within any city park, athletic field or playground, or who shall violate any of the rules or regulations prescribed under section 62-36, shall be subject to section 1-10. (Code 1969, § 7.03) Cross reference(s)—Crimes against property generally, § 58-36 et seq. 1Cross reference(s)—The naming and changing of names of parks saved from repeal, § 1 -11(7); environment, ch. 30; streets, sidewalks and other public places, ch. 90; vegetation, ch. 102; waterways, ch. 106. State law reference(s)—Authority regarding parks generally, Wis. Stats. § 27.08. Page 97 of 194 Created: 2026-04-30 10:33:26 [EST] (Supp. No. 30) Page 2 of 5 Sec. 62-4. Possession, consumption of alcohol prohibited. It shall be unlawful to possess or consume alcohol or fermented malt beverages on the premises known as Memorial Park and Bicentennial Park in the city. It shall be unlawful for any person to drink or possess any alcohol beverages in any city park when said park is closed unless the city council and/or parks and recreation director has approved a later time for an authorized event, in which case the prohibition becomes effective after such later time. The penalty for the violation of this article shall be as specified in section 1-10. (Code 1969, § 7.04; Ord. No. 802, § 1, 7-7-21) Cross reference(s)—Alcohol and nonintoxicating beverages, ch. 6. Secs. 62-5—62-35. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT2 DIVISION 1. GENERALLY Sec. 62-36. Supervision. (a) All public parks, athletic fields, playgrounds, etc., in the city shall be under the supervision and management of the director of parks and recreation. The director shall prescribe from time to time, as may be necessary, reasonable rules and regulations for the use of all such properties and submit them to the city manager. These rules and regulations shall, however, be subject to approval by the council before taking effect. When approved by the council and published, such rules and regulations shall have the same force and effect as ordinances. (b) No park or other property shall be used by any person for the purpose of profit or financial return without express approval of the council. (Code 1969, § 7.01) Sec. 62-37. Hours of operation. No person shall enter or remain in any public park of the city within the hours of 12:00 midnight and 6:00 a.m. or Bicentennial Park from 9:00 p.m. until 6:00 a.m. without the permission of the parks and recreation director or his/her appointee. (Code 1969, § 7.01) 2Cross reference(s)—Administration, ch. 2. Page 98 of 194 Created: 2026-04-30 10:33:26 [EST] (Supp. No. 30) Page 3 of 5 Sec. 62-38. Use of public buildings, schools for recreation. The use of any public buildings not located in the city parks shall be made available for recreational use when not in conflict with the use of which the building was built. Suitable arrangements shall be made under the direction of the city manager for scheduling activities in these public buildings. (Code 1969, § 3.07(T)(1)) Secs. 62-39—62-60. Reserved. DIVISION 2. DIRECTOR OF PARKS AND RECREATION3 Sec. 62-61. Office created. There is created the office of director of parks and recreation, which shall be filled by appointment in the same manner as other appointments in the city organization. (Code 1969, § 3.07(T)(1)) Sec. 62-62. Duties. (a) The general duties of the director of parks and recreation shall be to have charge of the general care and maintenance of all public parks, playgrounds, and public buildings located in the public parks. (b) He/she shall also have charge of the operation and maintenance of the swimming pool in Rock River Park. (c) He/she shall have charge of the recreational program in the city, including, but not limited to, outdoor activities such as softball, baseball, tennis, horseshoe, shuffleboard, all summer playgrounds, and archery; and indoor activities, including but not limited to basketball, badminton, volleyball, dancing, checkers and chess, etc. (d) He/she shall submit a budget for the ensuing year to the city manager on or before October 1. (e) It is intended that school buildings shall be made available through arrangements with the superintendent of schools for many of the recreational programs. (Code 1969, § 3.07(T)(1)) Secs. 62-63—62-85. Reserved. DIVISION 3. ADVISORY BOARD OF PARKS AND RECREATION4 3Cross reference(s)—Officers and employes, § 2-96 et seq. 4Cross reference(s)—Boards, commissions and committees, § 2-301 et seq. Page 99 of 194 Created: 2026-04-30 10:33:26 [EST] (Supp. No. 30) Page 4 of 5 Sec. 62-86. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board means the advisory board of city parks and recreation. Cross reference(s)—Definitions generally, § 1-2. Sec. 62-87. Created. There is created an advisory board of city parks and recreation. (Code 1969, § 3.07(T)(2)) Sec. 62-88. Purpose. The establishment of the board shall be for the purpose of aiding and counseling with the director of parks and recreation on matters relating to the city parks and recreation department. (Code 1969, § 3.07(T)(2)(A)) Sec. 62-89. Membership. (a) The board shall consist of seven members, six of whom shall be residents of the city, and one may be a resident of the city or a resident of joint school district number 6. The members shall serve without compensation. All members of the board shall be appointed by the city manager. (b) The board shall consist of two members who shall serve permanently or as long as they are holding office in or are members of the following organizations or departments: (1) The superintendent of public schools shall recommend a person from the school system from district 6 for appointment by the city manager for a one-year term beginning in June of each year; and (2) A councilmember. (c) The board shall consist of five citizen members, who shall be appointed by the city manager. (d) Each citizen member shall serve for a term of three years beginning on June 1. Citizen members shall be limited to two consecutive terms and cannot be reappointed as a board member until one three -year term has elapsed. (e) The director of parks and recreation shall be a nonvoting member of the board. (f) Vacancies to finish unexpired terms will be filled in the same manner as the original appointments. (Code 1969, §§ 3.07(T)(2)(B)—(D)) Sec. 62-90. Officers. A chairperson and vice-chairperson shall be elected by the board members. The election of officers will take place at the organization meeting, and those elected will serve for a term of one year. The director of parks and recreation will automatically serve as secretary. (Code 1969, § 3.07(T)(2)(E)) Page 100 of 194 Created: 2026-04-30 10:33:26 [EST] (Supp. No. 30) Page 5 of 5 Sec. 62-91. Organization. (a) The board shall organize and adopt rules for its own government in accordance with the provisions of this division. Meetings shall be held monthly or at the call of the parks and recreation director, and shall be open to the public. Minutes shall be kept by the secretary showing all actions taken, and a copy shall be filed in the office of the parks and recreation director as a public record. (b) A quorum shall be four members, but all action shall require the approval of the majority of the board. (Code 1969, § 3.07(T)(2)(F)) Sec. 62-92. Functions. (a) The board shall set up general policies regarding the type of programs as well as the level of leadership employed. (b) The board shall assist and advise the city manager in the selection of the director of parks and recreation. (Code 1969, § 3.07(T)(2)(G)) Page 101 of 194 ORDINANCE NO. ____ AN ORDINANCE TO AMEND MULTIPLE SECTIONS OF CHAPTER 62 OF THE CITY OF FORT ATKINSON MUNICIPAL CODE RELATING TO PARK REGULATIONS NOW, THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, do ordain as follows: Section 1. Section 62-1 of the City of Fort Atkinson Municipal Code is hereby amended to read as follows: “62-1. Animals on city park grounds. It shall be unlawful for any animal to be on city park designated athletic fields, playgrounds, city park grounds if the parks are so posted. (Code 1969, § 7.06) Cross reference(s)—Animals generally, ch. 10. ” Section 2. Section 15.10.13(2) of the City of Fort Atkinson Municipal Code (Zoning Ordinance) is hereby amended to read as follows: “Section 62-2. – Operation of vehicles, animals restricted; destruction of property. (a) It shall be unlawful for any person to operate or cause to be operated any motorcycle, motorbike or motor scooter on the public sidewalks or pedestrian walkways in any of the parks in the city. It shall further be unlawful for any person to operate a snowmobile on any city-owned or -controlled property or public park without the express approval of the council. (b) No person, not duly authorized, shall ride, drive or lead any horse or other animal, or drive any motor vehicle, upon or across any public park except upon the driveways, and park except upon the driveways and parking areas specifically provided for such purposes. (c) No person shall cut, pick, break, dig up, deface or in any manner injure any tree, shrub, plant, flower, grass or other public property in any public park or street. The use of metal detectors, or the placement and retrieval of geocaches or similar items, is prohibited if such activities involve digging, the physical modification of any structure, or any action that causes damage, alteration, or disturbance to city property. (Code 1969, § 16.01(C)) Page 102 of 194 Cross reference— Animals generally, ch. 10; traffic and vehicles, ch. 94.” Section 3. Section 62-4 of the City of Fort Atkinson Municipal Code is hereby amended to read as follows: “Section 62-4. - Possession, consumption of alcohol prohibited; glass containers prohibited. (a) It shall be unlawful to possess or consume alcohol or fermented malt beverages or beverages containing hemp-derived THC on the premises known as Memorial Park and Bicentennial Park in the city. It shall be unlawful for any person to drink or possess any alcohol beverages in any city park when said park is closed unless the city council and/or parks and recreation director has approved a later time for an authorized event, in which case the prohibition becomes effective after such later time. The penalty for the violation of this article shall be as specified in section 1-10. (b) Glass beverage containers of any kind are prohibited in all parks and trails in the city. (Code 1969, § 7.04; Ord. No. 802, § 1, 7-7-21) Cross reference— Alcohol and nonintoxicating beverages, ch. 6.” Section 4. Section 62-5 of the City of Fort Atkinson Municipal Code is hereby created to read as follows: “Section 62-5. – Smoking and vaping prohibited in park property or trails. Smoking and vaping prohibited in park property or trails. It shall be unlawful for any person to smoke or vape tobacco, Hemp, or THC products in any park or trail in the city.” Section 5. Section 62-37 of the City of Fort Atkinson Municipal Code is hereby amended to read as follows: “Section 62-37. - Hours of operation. No person shall enter or remain in any public park of the city within the hours of 12:00 midnight and 65:00 a.m. or Bicentennial Park from 9:00 p.m. until 6:00 a.m. without the permission of the parks and recreation director or his/her appointee. (Code 1969, § 7.01)” Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Indent: Left: 0.5" Page 103 of 194 Section 6. This ordinance shall take effect upon passage, posting, or publication as provided by law. Enacted by the City Council of the City of Fort Atkinson, Jefferson County, Wisconsin, this __________ day of ____________, 2026. Kyle Jaeckel, President ATTEST: Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 104 of 194 ORDINANCE NO. ____ AN ORDINANCE TO AMEND MULTIPLE SECTIONS OF CHAPTER 62 OF THE CITY OF FORT ATKINSON MUNICIPAL CODE RELATING TO PARK REGULATIONS NOW, THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, do ordain as follows: Section 1. Section 62-1 of the City of Fort Atkinson Municipal Code is hereby amended to read as follows: “62-1. Animals on city park grounds. It shall be unlawful for any animal to be on city park designated athletic fields, playgrounds, city park grounds if the parks are so posted. (Code 1969, § 7.06) Cross reference(s)—Animals generally, ch. 10. ” Section 2. Section 15.10.13(2) of the City of Fort Atkinson Municipal Code (Zoning Ordinance) is hereby amended to read as follows: “Section 62-2. – Operation of vehicles, animals restricted; destruction of property. (a) It shall be unlawful for any person to operate or cause to be operated any motorcycle, motorbike or motor scooter on the public sidewalks or pedestrian walkways in any of the parks in the city. It shall further be unlawful for any person to operate a snowmobile on any city-owned or -controlled property or public park without the express approval of the council. (b) No person, not duly authorized, shall ride, drive or lead any horse or other animal, or drive any motor vehicle, upon or across any public park except upon the driveways, and park except upon the driveways and parking areas specifically provided for such purposes. (c) No person shall cut, pick, break, dig up, deface or in any manner injure any tree, shrub, plant, flower, grass or other public property in any public park or street. The use of metal detectors, or the placement and retrieval of geocaches or similar items, is prohibited if such activities involve digging, the physical modification of any structure, or any action that causes damage, alteration, or disturbance to city property. (Code 1969, § 16.01(C)) Page 105 of 194 Cross reference— Animals generally, ch. 10; traffic and vehicles, ch. 94.” Section 3. Section 62-4 of the City of Fort Atkinson Municipal Code is hereby amended to read as follows: “Section 62-4. - Possession, consumption of alcohol prohibited; glass containers prohibited. (a) It shall be unlawful to possess or consume alcohol or fermented malt beverages or beverages containing hemp-derived THC on the premises known as Memorial Park . It shall be unlawful for any person to drink or possess any alcohol beverages in any city park when said park is closed unless the city council and/or parks and recreation director has approved a later time for an authorized event, in which case the prohibition becomes effective after such later time. The penalty for the violation of this article shall be as specified in section 1-10. (b) Glass beverage containers of any kind are prohibited in all parks and trails in the city. (Code 1969, § 7.04; Ord. No. 802, § 1, 7-7-21) Cross reference— Alcohol and nonintoxicating beverages, ch. 6.” Section 4. Section 62-5 of the City of Fort Atkinson Municipal Code is hereby created to read as follows: “Section 62-5. – Smoking and vaping prohibited in park property or trails. Smoking and vaping prohibited in park property or trails. It shall be unlawful for any person to smoke or vape tobacco, Hemp, or THC products in any park or trail in the city.” Section 5. Section 62-37 of the City of Fort Atkinson Municipal Code is hereby amended to read as follows: “Section 62-37. - Hours of operation. No person shall enter or remain in any public park of the city within the hours of 12:00 midnight and 5:00 a.m. without the permission of the parks and recreation director or his/her appointee. (Code 1969, § 7.01)” Page 106 of 194 Section 6. This ordinance shall take effect upon passage, posting, or publication as provided by law. Enacted by the City Council of the City of Fort Atkinson, Jefferson County, Wisconsin, this __________ day of ____________, 2026. Kyle Jaeckel, President ATTEST: Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 107 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Ben Lindsey Captain RE: First reading of an Ordinance amending Chapter 94, Article VIII, Division 6 Stopping, Standing and Parking (Lindsey, Police Captain) BACKGROUND The City's current parking ordinance establishes specific forfeiture and penalty amounts directly within the ordinance. As a result, any future adjustment to parking-related fees requires a formal ordinance amendment. The proposed revision would remove the specific penalty amounts from the ordinance and instead reference a fee schedule adopted by the City Council. This approach separates the fee structure and gives the City greater flexibility to review and adjust parking-related fees as needed through the annual fee schedule adoption process. The proposed change is intended to improve administrative efficiency, ensure consistency with other City fees established by resolution or fee schedule, and allow the City Council to evaluate parking penalties without amending the ordinance itself. DISCUSSION The proposed ordinance revision removes specific parking forfeiture and penalty amounts from the parking ordinance and instead establishes those amounts within the City's annual fee schedule. Under the current ordinance, penalty amounts are specified within the ordinance itself, requiring a formal ordinance amendment whenever a fee adjustment is necessary. Under the proposed structure, the parking ordinance will continue to establish parking regulations, restrictions, and enforcement authority, while the associated forfeiture amounts will be adopted separately through the City's fee schedule. Any future adjustments to parking penalties would be considered by the City Council as part of the fee schedule review and adoption process, eliminating the need to amend the ordinance solely to modify penalty amounts. This change does not alter the City's authority to regulate parking or enforce parking restrictions. It does modify the method by which forfeiture amounts are established, allowing the City Council to respond more efficiently to changing administrative costs, compliance, and enforcement needs. Page 108 of 194 FINANCIAL ANALYSIS There is no additional financial impact in adopting this ordinance beyond the associated costs in publishing the ordinance to the city code of ordinances. RECOMMENDATION The Ordinance Committee reviewed this ordinance amendment at the meeting on September 1, 2026, and recommended that the City Council review and approve it. Staff recommends that the City Council perform the first reading of the ordinance amendments and direct the City Manager to prepare it for a second and possible third/final reading on October 6, 2026. ATTACHMENTS 1. Sec._94_45.___Penalties. 2. DIVISION_6.___STOPPING__STANDING_AND_PARKING Page 109 of 194 Created: 2026-04-30 10:33:31 [EST] (Supp. No. 30) Page 1 of 1 Sec. 94-45. Penalties. (a) Forfeiture penalty. The penalty for a violation of this chapter shall be a forfeiture of not less than $5.00, nor more than $300.00, together with the costs of prosecution and the penalty assessments imposed by Wis. Stats. §§ 165.87 and 346.655 where applicable. Payment of the judgment may be deferred by the judge for a period of not more than 60 days. (1) Any person who shall fail to pay the amount of forfeiture, costs of prosecution and penalty assessments imposed for violation of any nontraffic provision of this chapter may, upon order of the court entering judgment therefor and having jurisdiction of the case, be imprisoned until such forfeiture, penalty assessment and costs are paid; but such period of imprisonment shall not exceed 90 days; or (2) Any person who shall fail to pay the amount of the forfeiture, costs of prosecution and penalty assessments imposed for the violation of any traffic regulation provision of this chapter may, upon order of the court entering judgment therefor and having jurisdiction of the case, be subject to any and all additional penalties as contained in Wis. Stats. ch. 800. (3) Forfeitures for violations of any traffic regulations set forth in the state statutes adopted by reference in sections 94-1, 94-2, 94-331, 94-332, 94-356, 94-381 and 94-401 shall conform to the forfeiture penalty permitted to be imposed for violations of comparable state statutes, including any variations or increases for subsequent offenses; however, this subsection shall not permit prosecution for any offense for which a term of imprisonment or fine may be imposed. (b) Other sanctions. Nothing in this section shall preclude or affect the power of the court to exercise additional authority granted by state statute to suspend or revoke the operating privileges of the defendant, order the defendant to submit to assessment, or order compliance with the recommended driver safety plan or to order attendance of a traffic safety school in addition to or in lieu of other penalties imposed. (1) The penalty for a violation of sections 94-426—94-432 shall be a forfeiture of $10.00 for parking over an allotted time; $25.00 for parking in the area of a fire hydrant; $50.00 for parking in a handicapped stall without the proper permit; $15.00 for traffic violation; $20.00 for parking in a school zone; $10.00 for alternate side parking; $25.00 for parking during a snow emergency; and $15.00 for other violations not specified. shall be set by resolution and adopted by the city council. A copy of said resolution shall be on file in the office of the city clerk/treasurer. (2) Any person charged with a nonmoving violation who fails to make payment under subsection (1) of this section within 30 days may be issued a citation as specified under subsection (a)(2) of this section for appearance in municipal court of the city, in which case provisions of Wis. Stats. §§ 345.34—345.47 may apply. (3) If a person does not make payment under subsection (1) of this section within 30 days of the date of issuance, the amount of forfeiture specified on the parking ticket shall double, and the provisions of Wis. Stats. § 345.28, providing for the suspension and refusal of vehicle registration, shall apply. (4) When any vehicle is found upon a street, highway, alley or other public ground in violation of any provision of this chapter regulating the stopping, parking or standing of vehicles, the owner as shown by the ownership registration information supplied by the state department of transportation, or a comparable authority of any other state, shall be subject to the penalties as provided in this chapter. (Code 1969, § 20.14(C); Ord. No. 501, 3-4-97; Ord. No. 709, 3-6-12) Page 110 of 194 - REVISED CODE OF ORDINANCES Chapter 94 - TRAFFIC AND VEHICLES ARTICLE VIII. - TRAFFIC SCHEDULE DIVISION 6. STOPPING, STANDING AND PARKING Fort Atkinson, Wisconsin, Code of Ordinances Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 1 of 19 DIVISION 6. STOPPING, STANDING AND PARKING Subdivision I. In General Sec. 94-426. Emergency police powers. Whenever it becomes necessary due to a temporary emergency to restrict parking on any street or portion thereof, to ensure the orderly flow of traffic, the chief of police or his/her designee shall be authorized to post such street or portions thereof with signs bearing the words "NO PARKING—EMERGENCY AREA"; and no person shall park, stop or leave standing any vehicle, whether attended or otherwise, in violation of such signs. (Code 1969, § 20.06(C)) Sec. 94-427. Parking area for municipal vehicles. The east four parking stalls in the city parking lot located on the north side of the municipal building shall be designated for municipally licensed vehicle parking only. (Code 1969, § 20.06(F)) Sec. 94-428. Terrace parking prohibition. Parking of any vehicle on the terrace of any street in the city is prohibited. The terrace is defined as that portion of street right-of-way between the edge of the roadway and the property lines. (Code 1969, § 20.06(D)) Sec. 94-429. Handicapped parking. No person shall park, stop or leave standing any vehicle, whether attended or unattended, upon any portion of a street or highway, or upon a parking facility, whether public or private, reserved for the use of handicapped persons as indicated by official traffic signs or distinct markers indicating the restrictions, unless such vehicle bears either special disability registration plates or a temporary disability card issued by the proper authority clearly identifying the vehicle as exempt from this section. (Code 1969, § 20.08(H)) Sec. 94-430. Removal of illegally parked vehicle. Any vehicle parked or left standing upon any street, highway, alley or other public ground in violation of this subdivision may be declared to be a hazard to traffic and public safety. Such vehicle shall be removed by the operator or owner, upon request of any police officer, to a position where parking or standing is not prohibited. Any police officer, after issuing a citation or parking violation notice ticket, is authorized to remove such vehicle to Page 111 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 2 of 19 a position where parking or standing is not prohibited. In addition to any other penalty provided by this subdivision, the operator or owner of a vehicle so removed shall pay the costs incurred. (Code 1969, § 20.08(I)) Sec. 94-431. Time limitations. No person shall park or leave standing any vehicle, whether attended or unattended, upon any street or any municipal parking lot held open to the public for a period of more than 48 consecutive hours. (Code 1969, § 20.07(A)) Sec. 94-432. Parking restrictions. (a) No person shall park, stop or leave standing any unattended vehicle when any part of the vehicle is nearer than ten feet to the centerline of the roadway. However, this provision shall not apply to narrow streets where the parking is restricted to one side only. (b) No person shall park, stop or leave standing any vehicle, whether attended or unattended, upon any street or municipal parking lot that has stalls marked thereon in such a manner so as to partially occupy more than one parking stall. However, this provision shall not apply to vehicles that, due to their length, exceed the parking markings. (c) No personnel shall park, stop or leave standing any unattended vehicle on the north side of West Milwaukee Avenue, from the intersection of Lumber Street to a point 55 feet east, unless said person is a current City of Fort Atkinson Fire Department personnel. (d) Vehicle and trailer parking. No person shall park, stop, or leave standing more than one vehicle and trailer combination in any public parking lot or on any city street, avenue, or alley adjacent to a residential property owned or rented by the owner or renter of the vehicle and trailer combination, except construction vehicles and trailers parking on the street adjacent to the side that is current being worked at with an active building permit. The location of such on-street parking must be able to safety accommodate the specified trailer and vehicle parked without causing any safety concerns, view obstructions, or other roadway obstructions. (e) Trailer parking. The purpose of this subsection is to prevent the use of city streets, avenues, alleys or public parking lots for storage of trailers. (1) It shall be unlawful for the owner or operator of a trailer to cause or permit such trailer to be parked, on any street, avenue, alley or public parking lot within the city, except construction company trailers that are parked on the street adjacent to the site that is currently being worked at, and boat trailers in the municipal lots on the west side of Mechanic Street, the east side of Mechanic Street (weekends only), and the east side of North High Street. (2) Trailers shall be permitted to temporarily park on the street to load, unload, or for emergency repairs if the police department is contacted prior to parking the trailer. The trailer shall be parked adjacent to the property owned by the person making the request. (3) Motorhomes shall be governed by the current 48-hour parking requirements for motor vehicles (section 94-431). The motorhome shall be parked adjacent to the property of the motorhome owner, or the property/people being visited. (4) Semi-trailers parking on all streets, alleys and avenues is prohibited. (5) The fine for violating this subsection shall be set by resolution and adopted by the city council. A copy of said resolution shall be on file in the office of the city clerk/treasurer. Page 112 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 3 of 19 (f) Definitions. Camping trailer means a vehicle with a collapsible or folding structure designed for human habitation and towed upon a highway by a motor vehicle. Mobile home means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. Motorhome means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home. Semi-trailer means a vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, but does not include a mobile home. A vehicle used with a ready-mix motor truck to spread the load is considered a semi-trailer. Trailer means a vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, but does not include a mobile home. (Code 1969, § 20.08; Ord. No. 569, 11-21-00; Ord. No. 577, 9-18-02; Ord. No. 586, 12-4-01; Ord. No. 593, 8-6-02; Ord. No. 628, 3-15-05; Ord. No. 687, 9-15-09; Ord. No. 747, 3-15-16; Ord. No. 772, 11-8-18; Ord. No. 834, § 1, 10- 17-23) Sec. 94-433. Compact cars only. Compact cars, as defined, means a vehicle with a wheelbase less than 105 inches and a height less than 61 inches. Only compact vehicles may park in the following areas: East Sherman Avenue. From its intersection with Edward Street at the northwest and southwest corners, for the first parking stalls in each of those locations. At the northwest and southwest corners on East Sherman Avenue at Edward Street, parking stalls be restricted to compact cars only for the first parking stalls in each of those locations. West Milwaukee Avenue. From its intersection with Grant Street at the northwest, northeast and southeast corners for the first parking stalls in each of those locations. West Milwaukee Avenue and Grant Street. At the northwest, northeast, and southeast corners of the intersection of West Milwaukee Avenue and Grant Street, parking stall be restricted to compact cars only for the first parking stalls in each of those locations. West Sherman Avenue. On the south side at its intersection with Mechanic Street, for the first parking stall east of this location. (Ord. No. 687, 9-15-09; Ord. No. 765, 7-17-18) Page 113 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 4 of 19 Sec. 94-434. Reserved. Ord. No. 832, § 1, adopted Oct. 17, 2023, repealed § 94-434 entitled "Taxicab parking," which derived from Ord. No. 778, adopted May 7, 2019. Secs. 94-435—94-455. Reserved. Subdivision II. Parking Prohibited Sec. 94-456. On through highway or in central business district; exceptions. (a) No person shall park, stop or leave standing any unattended vehicle on any through highway between the hours of 2:00 a.m. and 6:00 a.m., or in that portion of the central business district bounded by Madison Avenue/North Third Street, Edward Street/Merchant Street, South Third Street and Grant Street/Mechanic Street between the hours of 2:00 a.m. and 5:00 a.m., except where otherwise posted. (b) This section shall not apply to the following streets or portions of streets, which have been declared through streets by section 94-356: Adams Street, from its intersection with Sherman Avenue to its intersection with Madison Avenue. Cramer Street, from its intersection with North Main Street to its intersection with Banker Road. East Street, from its intersection with Bark River Drive to its intersection with South Fourth Street. Endl Boulevard, from its intersection with Hilltop Trail to its intersection with Highland Avenue. Grove Street, from its intersection with Park Street to its intersection with South Fourth Street. Highland Avenue, from its intersection with Janesville Avenue to its intersection with Maple Street. Hilltop Trail, from its intersection with Whitewater Avenue to its intersection with Klement Street. Jefferson Street, from its intersection with Blackhawk Drive to its intersection with North Fourth Street. Milwaukee Avenue, from its intersection with Purdy Street to the east city limits. Monroe Street, from its intersection with Madison Avenue to its intersection with Cramer Street. North Fourth Street, from its intersection with North Main Street to its intersection with Memorial Drive. Park Street, from its intersection with South Main Street to its intersection with Janesville Avenue. Roosevelt Street, from its intersection with Madison Avenue to its intersection with Sherman Avenue. Sherman Avenue West, from its intersection with Robert Street to its intersection with Wilson Street. Talcott Street, from its intersection with South Main Street to its intersection with Hilltop Trail. Van Buren Street, from its intersection with Robert Street to its intersection with Wilson Street. (Code 1969, § 20.08(C); Ord. No. 579, 9-18-01) Page 114 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 5 of 19 Sec. 94-457. No parking areas. No person shall park, stop or leave standing any vehicle, whether attended or unattended, except temporarily for the purpose of and while actually engaged in the receiving or discharging of passengers, and such vehicle must be attended by a licensed driver so that it may be moved promptly in case of an emergency or to avoid obstruction of traffic, upon any of the following streets or portions thereof: Seventh Street. The north and south sides of the street, between Janesville Avenue and the C & NW RR tracks. Allen Drive. From its intersection with Commerce Parkway to its eastern terminus. Banker Road. The west side of the street, from its intersection with Madison Avenue to the north city limits. Bark River Drive. The north side of the street, from Whitewater Avenue to East Street. Barrie Street. The north side of the street, from Lincoln Street to a point 18 feet east. Blackhawk Drive. The west side of the street, northerly 100 feet from Old Madison Road. The north and south sides of the street, from North Main Street to Jefferson Street. Bluff Street. The east and west sides of the street, northerly 75 feet from South Fourth Street. Butler Drive. The south side of Butler Drive, from its intersection with Industrial Drive to its western terminus. The north side of Butler Drive, from its intersection with Industrial Drive to a point 285 feet west, and from a point 710 feet west of the intersection with Industrial Drive to its western terminus. Campus Drive. The north and south sides of the street from Banker Road to Lexington Boulevard. Clarence Street. The east side of the street, from its intersection with Lorman Street to a point 30 feet south. The west side of the street, from its intersection with Lorman Street to a point 120 feet south. Commerce Parkway. From its intersection with Janesville Avenue to its eastern terminus. East Sherman Avenue. Both sides of the street from Edward Street east to the city limits. The north side of the street from its intersection with North Main Street to a point 130 feet east. The south side of the street from its intersection with North Main Street to a point 40 feet east. Page 115 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 6 of 19 Farmco Lane. Both sides of the street. Grant Street. The east side of the street, from Milwaukee Avenue to the alley entrance of the Methodist Church property, except the loading zone area from 119 feet to 144 feet south of Milwaukee Avenue. The west side of the street, two car stalls mid-block between Milwaukee Avenue and South Third Street. The west side of the street, from its intersection with West Milwaukee Avenue north to the end. Grove Street. The east side of the street, southerly 100 feet from South Third Street. The east and west sides of the street, southerly 50 feet from Rockwell Avenue. The west side of the street, from the intersection of South Third Street to the south property line of Hardee's Restaurant. Harrison Street. The south side of the street, from Adams Street to North Main Street. The north side of the street, from North Main Street to Edward Street. Highland Avenue. The north and south sides of the street, from Janesville Avenue west to its terminus on Monday through Friday from 6:00 a.m. to 6:00 p.m. Industrial Drive. From Rockwell Avenue to Klement Street. James Place. The north side of the street from Talcott Avenue to Janesville Avenue, except for four parking stalls in front of the park and recreation shop. The south side of the street from Talcott Avenue westerly to Janesville Avenue. Janesville Avenue. From South Third Street to the south city limits. Jones Avenue. The east and west sides of the street, northerly 125 feet from Eighth Street. Klement Street. The north and south sides of the street, from Janesville Avenue westerly to the dead end. Lexington Boulevard. The east and west sides of the street from Campus Drive to Madison Avenue. The east side of the street from its intersection with Madison Avenue to a point 150 feet south. The west side of the street from its intersection with Madison Avenue to a point 75 feet south. Linden Street. Page 116 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 7 of 19 The south side of the street, from Adams Street to North Main Street. The north side of the street, from North Main Street to a point 25 feet west. Lorman Street. The south side of the street from its intersection with Clarence Street to a point 60 feet east. Madison Avenue. The north and south sides of the street from North Main Street to the west city limits. Main Street. The west side of the street, northerly 100 feet from Madison Avenue. The east side of the street, northerly 300 feet from North Third Street. The west side of the street, southerly 50 feet from Park Street. The east side of Main Street, northerly 57 feet from East Sherman Avenue. The east and west side of North Main Street from the intersection of North Fourth Street north to the north city limits. The east side of North Main Street from the intersection of North Third Street to a point 188 feet south. The west side of North Main Street from the intersection of Madison Avenue to a point 207 feet south. The east side of South Main Street from the intersection of South Third Street to a point 333 feet south. The west side of South Main Street from the intersection of South Third Street to a point 288 feet south, and from a point 330 feet south to a point 416 feet south. The west side of North Main Street, northerly 57 feet from West Sherman Avenue. The east side of North Main Street, southerly 60 feet from East Sherman Avenue. The west side of North Main Street, southerly 15 feet from West Sherman Avenue. The east side of North Main Street, northerly 16 feet from North Water Street East. The west side of the North Main Street, northerly 55 feet from North Water Street West. The east side of North Main Street, southerly 110 feet from North Water Street East. The west side of North Main Street, southerly 155 feet from North Water Street West. The east side of South Main Street, northerly 175 feet from South Water Street East. The west side of South Main Street, northerly 100 feet from South Water Street West. The east side of South Main Street, southerly 24 feet from South Water Street East. The west side of South Main Street, southerly 20 feet from South Water Street West. The east side of South Main Street, northerly 32 feet from East Milwaukee Avenue. The west side of South Main Street, northerly 30 feet from West Milwaukee Avenue. The east side of South Main Street, southerly 56 feet from East Milwaukee Avenue. The west side of South Main Street, southerly 20 feet from West Milwaukee Avenue. Page 117 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 8 of 19 The east side of South Main Street, northerly 66 feet from South Third Street East. The west side of South Main Street, northerly 48 feet from South Third Street West. McKee Court. The south side of the street, from its intersection with Whitewater Avenue to a point 230 feet east. McPherson Street. The west side of the street, east from the intersection with East Milwaukee Avenue to its intersection with South Water Street. Mehta Lane. The north and south sides of the street, from its intersection with Reena Avenue to its western terminus. Merchants Avenue. The east side of the street, from 112 feet to 135 feet south of East Milwaukee Avenue. Mielke Drive. From its intersection with Commerce Parkway to its southern terminus. Milwaukee Avenue. The south side of the street, from Walton Street to Robert Street. The south side of the street, opposite of the fire department entrances. The south side of the street, westerly 53 feet from Grant Street. The south side of the street, from Bluff Street to McPherson Street. The south side of the street, on West Milwaukee Avenue, from the alley to a point 13 feet east on the alley, on the 00.00 block. The north side of the street, westerly 41 feet from Grant Street. Monroe Street. The east and west sides of the street, 20 feet north of the intersection of Cramer Street. The east side of the street, from the Hillcrest Drive intersection, south 23 feet. Nelson Street. The east side of the street, from Madison Avenue to Caswell Street. The east side of the street, from Messmer Street to Frederick Avenue. The west side of the street, from Madison Avenue to a point 55 feet north. North Third Street. The south side of the street, from North Main Street to North High Street. The north side of the street, from North Main Street to North High Street. North High Street. Both sides of the street from North Third Street, north to the city limits. Purdy Street. Page 118 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 9 of 19 Both sides of the street from its intersection with South Water Street East, north to the Rock River. Riverside Drive. Both sides of the street from Sherman Avenue to Robert Street. Robert Street. The west side of the street, from Madison Avenue northerly to West Cramer Street. The east side of the street, northerly 175 feet from Madison Avenue. The east side of the street, southerly 170 feet from Madison Avenue. The west side of the street, southerly 200 feet from Madison Avenue. The east and west sides of the street, from Van Buren Street to South Third Street. Rockwell Avenue. In the median from its intersection with South Main Street to its intersection with Grove Street. South Third Street. The north side of the street, from Robert Street to a point 51 feet east of Grant Street. The south side of the street, from Janesville Avenue to a point 137 feet east of South Main Street. The north side, from a point 38 feet west of South Main Street to a point 69 feet east of South Main Street and the area from 91 feet east to 226 feet east of South Main Street. South Fourth Street. The north side of the street, from South Main Street to South High Street. South Sixth Street. The south side of the street, from Janesville Avenue to Milo Street. South Water Street. The south side of the street, from a point 140 feet west of Purdy Street to McPherson Street. The north side of the street from its intersection with South Main Street to a point 161 feet east. The south side of the street from the intersection with Grant Street to a point 31 feet west. Washington Street. The east side of the street, from a point 85 feet north to a point 115 feet north of its intersection with Madison Avenue. West Cramer Street. The north and south sides of the street, east from the intersection of Monroe Street 100 feet. The north side of the street, west from the intersection of Monroe Street 130 feet. West Hilltop Trail. The north side of the street, from its intersection with Janesville Avenue to a point 200 feet east. The south side of the street, from its intersection with Janesville Avenue to a point 118 feet east. West Rockwell Avenue. Page 119 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 10 of 19 The south side of the street, from a point which is 138 feet west of Erick Street, west for a distance of 30 feet. Whitewater Avenue. Both sides of the street, from the south curb line of McComb Street to a point 205 feet south. The west side of the street, from South Main Street to South Fourth Street. Zida Street. The west side of the street, from East Milwaukee Avenue to a point 35 feet south. The east side of the street, from East Milwaukee Avenue to a point 156 feet south. (Code 1969, § 20.06(A); Ord. No. 485, 9-17-96; Ord. No. 494, 12-3-96; Ord. No. 504, 5-6-97; Ord. No. 507, 9-2-97; Ord. No. 510, 11-4-97; Ord. No. 511, 11-18-97; Ord. No. 518, 3-3-98; Ord. No. 531, 8-4-98; Ord. No. 543, 4-20-99; Ord. No. 548, 8-17-99; Ord. No. 550, 9-7-99; Ord. No. 552, 10-5-99; Ord. No. 555, 12-21-99; Ord. No. 568, 11-21-00; Ord. No. 572, 11-21-00; Ord. No. 578, 9-18-01; Ord. No. 582A, 10-16-01; Ord. No. 588, 3-19-02; Ord. No. 594, 8-6- 02, Ord. No. 595, 8-6-02; Ord. No. 599, 2-4-03; Ord. No. 614, 5-4-04; Ord. No. 628, 3-15-05; Ord. No. 634, 3-21-06; Ord. No. 655, 11-6-07; Ord. No. 668, 12-2-08; Ord. No. 686, 9-1-09; Ord. No. 687, 9-15-09; Ord. No. 691, 10-6-09; Ord. No. 739, 1-5-16; Ord. No. 740, 2-2-16; Ord. No. 764, 4-17-18; Ord. No. 765, 7-17-18; Ord. No. 772, 11-8-18; Ord. No. 777, 5-7-19; Ord. No. 788, 5-5-20) Sec. 94-458. Parking on medians. No person shall park or leave standing any vehicle, whether attended or unattended, on the following medians: Adrian Boulevard. Blackhawk Drive. Endl Boulevard. Grove Street. Memorial Drive. (Ord. No. 651, 5-15-07) Secs. 94-459—94-480. Reserved. Subdivision III. School Parking Regulations Sec. 94-481. Prohibitions. (a) No person shall park or leave standing any vehicle, whether attended or unattended, on the near side of the following streets or portions thereof during the hours of 7:30 a.m. to 4:30 p.m. on school days: Bluff Street. The east side of the street, from the south St. Paul's School property line to the south right-of-way line of South Third Street to be designated as "SCHOOL BUS ONLY." Cramer Street. Page 120 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 11 of 19 The south side of the street, adjacent to Rockwell School, except the area from Monroe Street to 140 feet to the west, to allow for picking up and dropping off of students. Elsie Street. The south side of the street, adjacent to Barrie School. The north side of the street from a point 87 feet west to a point 149 feet west of Roosevelt Street. Grove Street. The east side of the street, adjacent to Luther Elementary, to allow for picking up and dropping off of students. Harriette Street. The north side of the street, from Roosevelt Street to Shirley Street, to allow for the picking up and dropping off of students. Monroe Street. The west side of the street, adjacent to Rockwell School. The east side of the street, from Hillcrest Drive intersection, north 23 feet. Park Street. The south side of the street adjacent to J.F. Luther School from Grove Street to the sign for the outdoor science lab to allow for picking up and dropping off of students. Roosevelt Street. The west side of the street, adjacent to Barrie School. South Fourth Street. The south side of the street, adjacent to the middle school property. South High Street. The east side of the street adjacent to the middle high school property, to be designated as "SCHOOL BUS ONLY." South Main Street. The east side of the street, from the south Purdy School property line to the south right-of-way line of South Street. The west side of the street, from the north right-of-way line of Park Street to the north right-of-way line of South Street. (b) No person shall park or leave standing any vehicle upon the following described streets or portions thereof during the period of time of a school activity: Craig Street. The north side of the street, from its intersection with East Street to its intersection with South High Street. South Main Street. The west side of the street, from its intersection with Park Street to its intersection with Rockwell Avenue. Page 121 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 12 of 19 (c) No persons shall park or leave standing any vehicle, whether attended or unattended, on the following streets or portions thereof during the hours of 7:30 a.m. to 8:30 a.m., and 2:30 p.m. to 3:30 p.m. on school days: Hillcrest Drive. The south side of the street, from Monroe Street to Robert Street. Park Street. On the north side of the street, from its intersection with South Main Street, to a point 95 feet west. Roosevelt Street. The east side of the street, 40 feet north of Harriette Street and 40 feet north and south of Charles Street. (Code 1969, §§ 20.06(B), 20.08(F); Ord. No. 519, 3-3-98; Ord. No. 530, 8-4-98; Ord. No. 567, 11-21-00; Ord. No. 584, 12-4-01; Ord. No. 585, 12-4-01; Ord. No. 628, 3-15-05; Ord. No. 638, 7-18-06; Ord. No. 649, 5-15-07; Ord. No. 681, 9-1-09; Ord. No. 682, 9-1-09; Ord. No. 683, 9-1-09; Ord. No. 684, 9-1-09; Ord. No. 690, 10-6-09) Secs. 94-482—94-500. Reserved. Subdivision IV. Winter-Time Parking Sec. 94-501. General prohibitions. (a) No owner or operator of any vehicle shall park upon any public street or alley at any time during a snow emergency. Any time two inches or greater of snow is anticipated during any 24-hour period, a snow emergency shall go into effect. The director of public works or is/her designee may also declare a snow emergency by providing notice to the public via the newspaper and/or radio and/or cable television. All vehicles must be removed from public streets and alleys from the starting time of the snow emergency until the streets or alleys have been cleared curb-to-curb or edge-to-edge of pavement during a snow emergency. For the purpose of this subsection, a vehicle shall be defined as every device in, upon or by which any person or property is or may be transported or drawn upon a roadway or highway. If any vehicle shall be parked in violation of this subsection, the police department shall ticket the vehicle and may order it towed from the street at the owner's risk after the vehicle has been ticketed; and the towing charge shall be paid by the owner or operator of the vehicle. The fine for violating this subsection shall be $25.00, plus towing charge for each occurrence. (b) In addition to the provisions of subsection (a), no owner or operator shall park any vehicle in any street or alley when signs have been posted indicating that snow is being or is about to be removed from such street or alley. If any vehicle shall be parked in violation of this section, the police department shall ticket said vehicle and may order it from the street at the owner's risk after the vehicle has been ticketed, and the towing charge shall be paid by the owner or operator of said vehicle. The fine for violating this subsection shall be $25.00, plus towing charge for each occurrence. (c) On all other streets not designated as through street in section 94-356, and those streets or portions thereof to which subsection 94-456(b) is not applicable by exemption, no person shall park or leave standing any unattended vehicle between the hours of 2:00 a.m. and 6:00 a.m. from December 1 to March 15, unless such vehicle is parked on the even-numbered side of the street on days bearing an even-numbered calendar date, and on the odd-numbered side of the street on days bearing an odd-numbered calendar date. "Numbered side of the street" refers to the address of a given residence. For purposes of this subsection, the calendar Page 122 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 13 of 19 date is to start at 12:01 a.m. If any vehicle shall be parked in violation of this subsection, the police department shall ticket the vehicle and may order it towed from the street at the owner's risk after the vehicle has been ticketed, and the towing charge shall be paid by the owner or operator of the vehicle. The fine for violating this section shall be $15.00, plus towing charge for each occurrence. (Code 1969, § 20.08(D)(1), (2); Ord. No. 534, 10-20-98; Ord. No. 551, 10-5-99; Ord. No. 709, 3-6-12) Sec. 94-502. Parking in public parking lots. (a) It is the declared policy of the department of public works to clear the public parking lots within the city by 12:00 noon on the day following the removal of snow from the adjoining streets or alleys. To allow for the snow removal in public parking lots, the following parking lot rules will be in force between the hours of 2:00 a.m. and 6:00 a.m. every day between November 1 and March 31: (1) Vehicles will park on the designated half of the lot (i.e.; east-west or north-south) that corresponds to the even or odd-numbered calendar days as indicated on the signs located in each lot. For the purposes of this subsection, the calendar date is to start at 12:01 a.m. (2) Public parking lots 2, 5, 7, 9 and 10, will be designated to be east-side parking on the even-numbered days and the west-side parking on odd-numbered days. (3) Public parking lots 1, 4 and 8, will be designated to be north-side parking on even-numbered days and south-side parking on odd-numbered days. (4) In lot 3, the lot will be completely closed to vehicle parking during a snow emergency until the snow has been removed. (b) If any vehicle shall be parked in violation of this subsection, the police department shall ticket the vehicle and may order it towed from the public parking lot at the owner's risk. (c) The fine for violating this subsection shall be $15.00, plus towing charge for each occurrence to be paid by the owner or operator of the vehicle prior to the return of the vehicle to the owner or operator. (Code 1969, § 20.08(D)(3); Ord. No. 628, 3-15-05; Ord. No. 709, 3-6-12) Sec. 94-503. Specific limitations. No person shall park any vehicle upon the following described streets or portions thereof between December 1 and March 15: James Place. The north side of the street from a point 43 feet east of Janesville Avenue to a point 158 feet east. Rockwell Avenue. On both sides of the street, from its intersection with Janesville Avenue to its intersection with South Main Street. (Ord. No. 490, 11-5-96; Ord. No. 685, 9-1-09; Ord. No. 686, 9-1-09; Ord. No. 810, § 1, 1-4-22) Secs. 94-504—94-525. Reserved. Subdivision V. Two-Hour Limit Page 123 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 14 of 19 Sec. 94-526. Specific limitations. (a) No person shall park, stop or leave standing any vehicle, whether attended or unattended, for more than two hours, between the hours of 9:00 a.m. and 5:00 p.m. on weekdays, on the following streets or portions thereof: Armenia Street. From its intersection with Sherman Avenue to its intersection with North Fourth Street. Barrie Street. From its intersection with the alley, east to the Sentry Parking Lot (200 block), on both sides of the street. East Milwaukee Avenue/South Third Street East — City parking lot 5 (east of South Main Street and west of post office). The west side of the lot from a point 115 feet south of East Milwaukee Avenue to a point 175 feet south of East Milwaukee Avenue. Edward Street. From its intersection with North Water Street to its intersection with Sherman Avenue, on the west side of the street. Grant Street. The west side of the street between South Third Street and West Milwaukee Avenue except the area from 142 feet to 180 feet north of South Third Street. The east side of the street, between West Milwaukee Avenue and South Water Street West, except the north 37 feet. The east side of the street from South Water Street West, going north to the end. The west side of the street from its intersection with South Third Street to a point 100 feet south. Main Street. North Main Street—East side: From 188 feet south of North Third Street to 57 feet north of East Sherman Avenue. From 80 feet south of East Sherman Avenue to 16 feet north of North Water Street East. From 110 feet south of North Water Street East to 175 feet north of South Water Street East. North Main Street—West side: From 207 feet south of Madison Avenue to 57 feet north of West Sherman Avenue. From 15 feet south of West Sherman Avenue to 55 feet north of North Water Street West. From 155 feet south of North Water Street West to 100 feet north of South Water Street West. South Main Street—East side: From 24 feet south of South Water Street East to 32 feet north of East Milwaukee Avenue. From 56 feet south of East Milwaukee Avenue to 66 feet north of South Third Street East. South Main Street—West side: Page 124 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 15 of 19 From 20 feet south of South Water Street West to 30 feet north of West Milwaukee Avenue. From 20 feet south of West Milwaukee Avenue to 48 feet north of South Third Street West. From a point 288 feet south to a point 330 feet south of South Third Street West. Mechanic Street. The east side of the street from West Sherman Avenue to a point 80 feet south. Merchants Avenue. From its intersection with South Third Street to its intersection with Milwaukee Avenue, except the area on the east side from 89 feet to 135 feet south of Milwaukee Avenue. McMillen Street. The east side of the street, from its intersection with Sherman Avenue to its intersection with North Fourth Street. Milwaukee Avenue. From its intersection with Grant Street to its intersection with Foster Street, except for the area on the south side from 221 feet to 246 feet west of South Main Street, from 45 feet to 77 feet west of South Main Street, and from Merchants Avenue to its intersection with South Main Street alley (post office area), and the north side from Grant Street to a point 52 feet east. North Third Street. From its intersection with Armenia Street to its intersection with Wilcox Street. North Fourth Street. From its intersection with Wilcox Street to its intersection with McMillen Street, on both sides of the street. North Water Street, West. North side of the street 60 feet west of its intersection with North Main Street to a point 260 feet west. South side of the street from its intersection with North Main Street to a point 218 feet west. Purdy Street. From its intersection with Milwaukee Avenue to South Water Street East. Sherman Avenue. The north side of the street from a point 130 feet east of Mechanic Street west to the bike trail. The south side from a point 225 feet west of the intersection with North Main Street west to the bike trail. Both sides of the street from its intersection with North Main Street east to Edward Street. South Third Street. The north side of the street from 51 feet east of Grant Street to 38 feet west of South Main Street. The north side of the street from 69 feet east to 91 feet east of South Main Street and from the intersection with Merchants Avenue to a point 63 feet west. The south side of the street from the intersection with Merchants Avenue to a point 153 feet west. South Water Street and South Water Street West. Page 125 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 16 of 19 The north side from a point 161 feet east of South Main Street to a point 167 feet west of Purdy Street, and form Purdy Street to a point 164 east. The north side of South Water Street from South Main Street to Grant Street. The south side of the street, from 79 feet to 168 feet west of the intersection with Grant Street. The south side of the street from Grant Street to a point 115 feet west of South Main Street, and from South Main Street to a point 111 feet east. (b) No person shall park, stop or leave standing any vehicle, whether attended or unattended, for more than two hours, between the hours of 9:00 a.m. and 8:00 p.m. on Sundays through Saturdays, on the following streets or portions thereof: Sherman Avenue. The north side of the street from a point 45 feet west of North Main Street to a point 130 feet east of Mechanic Street. (c) On school days. No person shall park, stop or leave standing any vehicle, whether attended or unattended, for a period of more than two consecutive hours between the hours of 9:00 a.m. and 5:00 p.m. on school days. South High Street. The east side of the street, from its intersection with Craig Street northerly to the Middle School property. The west side of the street, from its intersection with Elm Street to its intersection with South Fourth Street. (Code 1969, § 20.07(B), (H); Ord. No. 628, 3-15-05; Ord. No. 648, 5-17-07; Ord. No. 655, 11-6-07; Ord. No. 657, 12- 18-07; Ord. No. 658, 12-18-07; Ord. No. 659, 1-15-08; Ord. No. 688, 10-6-09; Ord. No. 691, 10-6-09; Ord. No. 765, 7-17-18; Ord. No. 777, 5-7-19; Ord. No. 782, 8-6-19; Ord. No. 783, 8-6-19; Ord. No. 784, 9-17-19) Secs. 94-527—94-550. Reserved. Subdivision VI. Reserved Sec. 94-551. Reserved. Editor's note(s)—Ord. No. 628, adopted Mar. 15, 2005, deleted § 94-551, which pertained to specific limitations for 90-minute parking and derived from Code 1969, § 20.07(D); Ord. No. 549, adopted Aug. 17, 1999; Ord. No. 571, adopted Nov. 21, 2000; Ord. No. 578, adopted Sept. 9, 2001; and Ord. No. 587, adopted Feb. 5, 2002. Secs. 94-552—94-570. Reserved. Subdivision VII. Thirty-Minute Limits Page 126 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 17 of 19 Sec. 94-571. Specific limitations. No person shall park, stop or leave standing any vehicle, whether attended or unattended, for a period of more than 30 minutes between the hours of 8:00 a.m. and 6:00 p.m., excluding Sundays and major holidays, upon the following streets or portions thereof: Grant Street. The east side of the street from South Water Street West to a point 37 feet south. Milwaukee Avenue. The south side of the street only, from its intersection with Merchants Avenue to its intersection with South Main Street alley (post office property). The north side of the street, from Grant Street to a point 52 feet east. North Main Street. On the east side of the street, from a point 60 feet south to a point 80 feet south of East Sherman Avenue. North Water Street West. For a distance of 110 feet easterly from its intersection with Mechanic Street; and such parking shall be for the purpose of conducting official business with the water department. South Water Street West. The south side of the street from a point 56 feet to a point 79 feet west of its intersection with Grant Street; and such parking shall be for the purpose of conducting official business with the police department. The south side of the street from South Main Street to a point 115 feet west. (Code 1969, § 20.07(F), (G); Ord. No. 570, 11-21-00; Ord. No. 628, 3-15-05; Ord. No. 689, 10-6-09) Secs. 94-572—94-580. Reserved. Subdivision VIII. Five-Minute Limits Sec. 94-581. Specific limitations. No person shall park, stop or leave standing any vehicle, whether attended or unattended for more than five minutes between the hours of 9:00 a.m. and 5:00 p.m., excluding Sundays and major holidays, on the following named streets or portions thereof: Merchants Avenue. On the east side of the street, in front of the Dwight Foster Public Library (200 block); the area from 89 feet to 112 feet south of East Milwaukee Avenue. (Ord. No. 605, 6-17-03; Ord. No. 628, 3-15-05) Secs. 94-582—94-590. Reserved. Page 127 of 194 - REVISED CODE OF ORDINANCES Chapter 94 - TRAFFIC AND VEHICLES ARTICLE VIII. - TRAFFIC SCHEDULE DIVISION 6. - STOPPING, STANDING AND PARKING Subdivision IX. Parking Heavy Vehicles Fort Atkinson, Wisconsin, Code of Ordinances Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 18 of 19 Subdivision IX. Parking Heavy Vehicles Sec. 94-591. Specific limitations. (a) No person shall park, stop or leave standing any heavy traffic vehicle, whether attended or unattended, for more than one hour on any street in any residential zone as designated by the zoning ordinance except for the purpose of and while actually engaged in the taking on or discharging all or part of a load. (b) No person shall park, stop or leave standing any vehicle in excess of a gross weight of 8,000 pounds, whether attended or unattended, upon any portion of the South Main Street parking lot. (c) No person shall park, stop or leave standing any vehicle in excess of a gross weight of 8,000 pounds and a width in excess of 84 inches, whether attended or unattended, on any portion of Main Street between Madison Avenue/North Third Street and South Third Street. (Code 1969, §§ 20.07(C), 20.08(J), (K)) Sec. 94-592. Schedule of fines for Parking Violations. The fine for each parking violation described anywhere in this Code shall be set by resolution and adopted by the city council. A copy of said resolution shall be on file in the office of the city clerk/treasurer. Secs. 94-593—94-610. Reserved. DIVISION 7. LOADING ZONES Sec. 94-611. Specific limitations. No person shall stop or leave any vehicle standing, whether attended or unattended, except temporarily for the purpose of and while engaged in loading or unloading or in receiving or discharging passengers, on the following streets or portions thereof: Grant Street. The east side of the street, from 119 feet to 144 feet south of West Milwaukee Avenue. Lincoln Street. The east side of the street, from Barrie Street to a point 60 feet north. South Water Street, East. The north side of the street, from a point 296 feet east of Purdy Street to a point 316 feet east of Purdy Street. Page 128 of 194 Created: 2026-04-30 10:33:33 [EST] (Supp. No. 30) Page 19 of 19 West Milwaukee Avenue. The south side of the street, from South Main Street to a point 77 feet west of South Main Street. West Milwaukee Avenue. The south side of the street, from 221 feet to 246 feet west of South Main Street. (Code 1969, § 20.06(E); Ord. No. 549, 8-17-99; Ord. No. 561, 5-16-00; Ord. No. 650, 5-15-07; Ord. No. 716, 9-3-13) Sec. 94-612. Schedule of fines for Parking Violations. The fine for each parking violation described anywhere in this Code shall be set by resolution and adopted by the city council. A copy of said resolution shall be on file in the office of the city clerk/treasurer. Secs. 94-613—94-635. Reserved. Page 129 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Zach Navin, Director of Public Works RE: First reading of an Ordinance amending the Stormwater Utility Ordinance, Chapter 98 of the City of Fort Atkinson Municipal Code (Navin, Director of Public Works) BACKGROUND On July 21, 2026 the Ordinance Committee requested that staff evaluate an amendment to the City's Stormwater Utility Ordinance that would remove cemetery properties from stormwater utility charges. Under the City's current ordinance, stormwater utility charges are imposed on developed property with impervious area and are calculated based upon Equivalent Runoff Units (ERUs). Nonresidential properties, including cemetery properties, are therefore charged based upon the amount of impervious area located on the property. In response to the Committee's request, staff evaluated both a complete cemetery exemption and an alternative approach that would recognize the unique land-use characteristics of cemeteries through a percentage-based land-use credit. Staff's analysis found that municipal approaches vary. Some Wisconsin communities, including Barron, Chippewa Falls, Rice Lake, and Washburn, exempt cemetery properties from stormwater charges. Many other communities continue to charge cemeteries or provide partial relief based on the principle that cemetery properties contain impervious surfaces, generate runoff, and benefit from municipal stormwater infrastructure. At its September 1, 2026, meeting, the Ordinance Committee considered both approaches presented by staff. The Ordinance Committee recommended that the City Council amend the Stormwater Utility Ordinance to provide a full exemption from stormwater utility charges for qualifying cemetery properties. The proposed ordinance before the City Council therefore reflects the recommendation of the Ordinance Committee. Under the proposed language, cemetery property would be specifically defined in Section 98-603 and Section 98-610 would provide that qualifying cemetery Page 130 of 194 properties are exempt from stormwater utility charges. DISCUSSION The policy question before the City Council is ultimately whether the unique land-use characteristics of cemeteries warrant complete removal from the stormwater utility rate structure. Cemetery properties are different from many traditional nonresidential properties. They generally contain substantial areas of maintained open space, relatively low building coverage, limited development intensity, and significant pervious areas capable of infiltration. Those characteristics may support providing some level of relief from the standard stormwater utility charge. However, staff does not support the complete elimination of stormwater charges, as stormwater from cemeteries continues to impact the City's stormwater system. As illustrated in the mapping presented to the Ordinance Committee, the City's cemetery properties contain substantial impervious surfaces, including internal paved drives and other improved areas. Portions of those surfaces are curbed or otherwise configured to collect and convey stormwater toward the City's drainage system. For example, the Evergreen Cemetery mapping on page 5 of the Committee packet identifies more than 100,000 square feet of estimated impervious surface, in addition to approximately 32,000 square feet of asphalt curbline area. The St. Joseph's Cemetery mapping on page 6 similarly identifies more than 52,000 square feet of estimated impervious surface. A full exemption would establish that cemetery properties with impervious surfaces have no financial responsibility for the stormwater system, while other residential, commercial, institutional, governmental, and nonprofit properties with impervious surfaces remain responsible for their share of utility costs. FINANCIAL ANALYSIS The three cemetery properties evaluated by staff currently generate approximately $5,599.08 annually in stormwater utility revenue: Property Current Annual Charge Full Exemption Lakeview Cemetery $1,078.14 $0 Evergreen Cemetery $3,868.62 $0 St. Joseph's Cemetery $652.32 $0 Total $5,599.08 $0 Under the Ordinance Committee's recommended full exemption, the Stormwater Utility would forego approximately $5,599 annually in current revenue. While the immediate financial effect is relatively small compared with the overall Stormwater Page 131 of 194 Utility budget, staff believes the broader policy implication is more significant. Creating a categorical exemption establishes a precedent that may generate future requests for similar treatment from other property types that contain substantial open or pervious areas. RECOMMENDATION The Ordinance Committee recommends City Council perform the first reading of the Ordinance exempting cemeteries from Stormwater Utility charges and direct the City Manager to prepare the ordinance for a second reading at the October 6, 2026, City Council meeting. Staff does not support this recommendation due to its negative impact on the financial health of the Stormwater Utility. ATTACHMENTS 1. Review, discussion, and possible recommendation to_Item_Preview 2. ARTICLE_V.___STORMWATER_UTILITY - Exemption Page 132 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Fort Atkinson City Council FROM: Zach Navin, Director of Public Works RE: First reading of an Ordinance regarding an amendment to the Stormwater Utility Ordinance, Chapter 98 of the City of Fort Atkinson Municipal Code (Navin, Director of Public Works) BACKGROUND The Ordinance Committee has requested that staff prepare an amendment to the City's stormwater utility ordinance that would remove cemetery properties from stormwater utility charges. The City's stormwater utility currently assesses properties based on their contribution to and use of the community's stormwater management system. Cemetery properties are presently treated in the same manner as other applicable non-residential properties and are assessed based on the City's established stormwater utility rate structure. In response to the Committee's request, staff reviewed the financial and policy implications of establishing a full exemption for cemeteries, as well as how other municipalities have approached similar requests. DISCUSSION Several Wisconsin municipalities provide examples of cemetery exemptions. Barron, Wisconsin Barron's stormwater ordinance places "Parks/Open Space/Cemeteries" in an exempt land-use classification and specifically exempts that category from the stormwater management fee. The exemption is therefore based directly on the property's land-use classification. Chippewa Falls, Wisconsin Chippewa Falls similarly identifies "Parks/Open Space/Cemeteries" as an exempt classification within its Stormwater Utility provisions. Cemeteries are assigned an exempt utility factor and are separately listed among the land uses exempt from the stormwater management fee. Rice Lake, Wisconsin Page 133 of 194 Rice Lake expressly includes cemeteries among the impervious areas exempt from its stormwater utility fee. Rice Lake also maintains a separate stormwater credit program for onsite mitigation and treatment, demonstrating that the community distinguishes between a categorical cemetery exemption and credits earned through stormwater management practices. Washburn, Wisconsin Washburn's official stormwater program and rate information identifies cemeteries, along with parks and certain other land uses, as exempt from stormwater utility charges. The exemption identified in staff's research appears in the City's published stormwater program and rate information rather than a directly verified ordinance section. Staff recognizes that there is municipal precedent for exempting cemetery properties. Barron, Chippewa Falls, Rice Lake and Washburn provide Wisconsin examples demonstrating that such an approach can be incorporated into a stormwater utility rate structure. At the same time, the research also demonstrates that a complete exemption is not necessary to recognize the unique character of cemetery land. Other communities continue to charge cemeteries or provide partial relief based on the principle that these properties still generate runoff and benefit from the overall stormwater management system. This can be reaffirmed through the attached exhibits showing locations within the City's cemetery's where the pervious surfaces are curbed and directing water towards the City's stormwater infrastructure. Staff believes cemetery properties should continue to contribute toward the operation and maintenance of the City's stormwater system. While cemeteries have unique land-use characteristics that warrant consideration, a complete exemption is not the preferred mechanism for recognizing those characteristics. Rather than creating a categorical exemption, staff recommends addressing the unique nature of cemetery properties through a more targeted land-use reduction and the City's stormwater credit policy. Recommended Alternative: 25% Cemetery Land-Use Reduction. A 25% reduction in stormwater utility charges for qualifying cemetery properties based on the inherent characteristics of cemetery land use. The reduction would recognize that cemeteries generally contain: • substantial areas of permanent open space; • relatively low building coverage; • limited intensity of development; and • significant areas capable of infiltration and reduction of stormwater runoff. Page 134 of 194 Under this approach, cemeteries would remain part of the stormwater utility rate structure but would automatically receive a 25% reduction in recognition of these land-use characteristics. FINANCIAL ANALYSIS Based on current charges, the estimated financial impact would be Cemetery Current Annual Charge 25% Reduction Estimated Annual Charge Lakeview Cemetery $1,078.14 $269.54 $808.61 Evergreen Cemetery $3,868.62 $967.16 $2,901.47 St. Joseph's Cemetery $652.32 $163.08 $489.24 Total $5,599.08 $1,399.77 $4,199.31 This alternative would provide approximately $1,399.77 annually in relief to cemetery properties while retaining approximately $4,199.31 in annual stormwater utility revenue. The recommended 25% reduction would not replace or limit a cemetery's ability to participate in the City's stormwater credit program. Cemetery properties could pursue additional reductions when they demonstrate qualifying stormwater management practices, site characteristics, or improvements that reduce their impact on the City's stormwater system in accordance with the City's credit policy. This creates two separate forms of relief: 1. Land-Use Reduction: A 25% reduction recognizing the inherent characteristics of cemetery properties. 2. Stormwater Credits: Additional reductions based on demonstrated stormwater management benefits or qualifying practices Staff believes this approach provides a more equitable and defensible framework than a complete exemption. It recognizes that cemeteries are a unique land use while maintaining the principle that properties contributing runoff to and benefiting from the City's stormwater system should participate in funding that system. RECOMMENDATION Staff recommends that the Ordinance Committee review both draft ordinances and their financial implications in the short and long term. Staff recommends that the Ordinance Committee recommend the "credit alternate" draft ordinance be reviewed by the City Council at an upcoming meeting. Page 135 of 194 ATTACHMENTS 1. Cemetery Curblines 2. ARTICLE_V.___STORMWATER_UTILITY 3. ARTICLE_V.___STORMWATER_UTILITY - Exemption 4. ARTICLE_V.___STORMWATER_UTILITY - Credit Alternate Page 136 of 194 8 5 0 8 5 0 8 5 0 8 5 0 8 5 0 8 5 0 8 2 0 8 3 0 8 1 0 8 4 0 8 3 0 8 4 0 8 4 0 840 8 6 0 840 8 6 0 102928.38 SQ FT 32332.04 SQ FT EVERGREEN CEMETERY ASSOCIATION IMPERVIOUS SURFACE Asphalt Curbline Other Impervious Area 10 ft contour interval 50 ft contour interval 100 ft contour interval Tax Parcels 0 250 500125 Feet ¯ *All impervious surface area calculations are estimates Page 137 of 194 800 8 5 0 8 5 0 8 5 0 8 1 0 8 1 0 8 2 0 8 2 0 8 6 0 8 3 0 8 3 0 8 2 0 8 2 0 8 3 0 830 8 3 0 8 3 0 8 4 0 8 4 0 8 4 0 8 4 0 52059.32 SQ FT 6446.5 SQ FT ST JOSEPHS CONGREGATION CEMETERY IMPERVIOUS SURFACE Asphalt Curbline Other Impervious Area 10 ft contour interval 50 ft contour interval 100 ft contour interval Tax Parcels 0 210 420105 Feet ¯ *All impervious surface area calculations are estimates Page 138 of 194 - REVISED CODE OF ORDINANCES Chapter 98 - UTILITIES ARTICLE V. STORMWATER UTILITY Fort Atkinson, Wisconsin, Code of Ordinances Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 1 of 4 ARTICLE V. STORMWATER UTILITY Sec. 98-601. Creation. There is hereby established a stormwater utility in the City of Fort Atkinson. The operation of a stormwater utility shall be under the supervision of the director of public works. (Ord. No. 680, § 1, 9-1-09) Sec. 98-602. Authority. The city, acting through the stormwater utility, may without limitation due to enumeration, do the following: (1) Acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, manage and finance such facilities and equipment, as are deemed by the city to be proper and necessary for storm and surface water management. These facilities may include, without limitation due to enumeration, surface and underground drainage facilities, pollution control practices, sewers, watercourses, retaining walls, ponds, streets, roads, ditches and such other natural or manmade facilities as will support a stormwater management system. (2) Undertake any operations or activities, or provide any services deemed by the city to be proper and necessary for storm and surface water management. (3) Maintain compliance with all regulatory requirements for storm and surface water management. (Ord. No. 680, § 1, 9-1-09) Sec. 98-603. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: City credit policy. The city credit policy is a written document prepared by the director and approved by the city, which sets forth the criteria under which customers may be eligible for a credit to reduce stormwater charges. The city credit policy shall be available through the department of public works prior to the initial billing. Customer. The term "customer" means the owner or nonowner user of a property with impervious area in the city. Developed property. The term "developed property" means property that is developed by the addition of an improvement such as a building, structure, grading, other impervious surface, or substantial landscaping, but excluding publicly-owned rights-of-way. A new improvement shall be considered complete upon issuance of a certificate of occupancy, or if no such certificate is issued, upon completion of construction or final inspection. A new improvement shall also be considered complete if the construction pro ject is at least 50 percent complete, and then is halted for a period of three months or more. Director. The term "director" means the director of public works, or his/her designee. Page 139 of 194 Created: 2026-04-30 10:33:36 [EST] (Supp. No. 30) Page 2 of 4 Equivalent runoff unit (ERU) means 3,096 square feet, which is approximately the statistical average impervious area of one single-family residential housing unit within the city. This definition only applies to this chapter, and not to any other City of Fort Atkinson ordinance. Impervious area or impervious surface. The terms "impervious area" or "impervious surface" means a horizontal surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes, but is not limited to, streets, roofs, sid ewalks, parking lots, compacted gravel surfaces, as well as other similar surfaces. Nonresidential property. The term "nonresidential property" means any developed property not defined as "residential property", including, but not limited to, transient rental (such as hotels and motels), multifamily apartment buildings or condominiums more than four units, commercial, industrial, institutional, governmental property, and parking lots. Residential property. The term "residential property" means any developed property developed exclusively for residential purposes with four or fewer residential housing units. (Ord. No. 680, § 1, 9-1-09) Sec. 98-604. Rates and charges. (a) User charges shall be imposed on all developed property with impervious area in the city to recover all or a portion of the costs of the stormwater utility. The amount of such charges shall be based on a rate per equivalent runoff unit (ERU). The rate per ERU shall be established pursuant to further resolution of the City of Fort Atkinson Common Council and shall be fair and reasonable. A schedule of current rates shall be maintained and on file in the office of the city clerk. (b) All developed property with impervious area shall be assigned ERUs. Each single -family residential property shall be assigned one ERU. Each two-family residential property shall be assigned 0.7 ERUs/dwelling unit. Each three- and four-family residential property shall be assigned 0.5 ERUs/dwelling unit. Nonresidential property shall be assigned ERUs based upon the amount of impervious area on the property divided by 3,096 square feet, however shall not be less than one ERU. (c) In the event the owner and nonowner users of a particular property are not the same, the liability for the charges attributable to that property shall be joint and several. (d) The director shall prepare a city credit policy which sets forth available credits to reduce stormwater charges for customers with riparian lands, and for customers who have taken additional stormwater management steps which reduce the city's stormwater management costs (i.e.; does not include credits for rain barrels, rain gardens or minor stormwater management steps). (e) Undeveloped and agricultural. No stormwater charge shall be assigned. (Ord. No. 680, § 1, 9-1-09) Sec. 98-605. Payments. (a) Stormwater charges will be billed to the utility customer and shall be payable at the same time and in the same manner as water and wastewater charges. A stormwater utility bill will be established for those properties that do not receive a water/wastewater bill. These bills will be payable at the same time as the other water/wastewater bills. Such charges shall not be payable in installments. Page 140 of 194 Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 3 of 4 (b) The owner of any property, which is occupied by tenants, shall have the right to examine during normal business hours the appropriate records of the city to determine whether such fees and charges have been paid by such tenants. (c) Delinquent stormwater charges may be placed as a lien upon the property a provided in Wis. Stats. §§ 66.0821(4)(d) and 66.0809. (Ord. No. 680, § 1, 9-1-09) Sec. 98-606. Adjustments and credits. (a) A nonresidential customer may apply for an adjustment to the ERUs assigned to his, her or its property if the customer believes the impervious area measurements on which the ERU calculation is based are inaccurate. (b) Residential and nonresidential customers may apply for a credit to their stormwater charge if the property is eligible for a credit pursuant to the city credit policy. (c) Procedure to apply for adjustments or credits. (1) A customer may submit a request for an adjustment or credit at any time. All such requests shall be submitted to the director on forms provided by the city. (2) The director shall have the authority to develop and administer the procedures and standards for adjustment of ERUs or granting of credits as established in this section. (3) The nonresidential customer requesting the adjustment may be required, at his, her or its own expense, to provide supplemental information to the director. (4) Once a completed request and all required information is fully submitted, the director shall have 30 calendar days within which to render a written decision. The director shall notify the requester in writing of the decision by first class mail addressed to the individual at the address listed within the request. Service is conclusive upon mailing. (5) If a request is granted, stormwater charges shall be adjusted on a going forward basis. (Ord. No. 680, § 1, 9-1-09) Sec. 98-607. Appeals process. (a) The City of Ft. Atkinson elects not to be subject to the administrative review procedure provisions contained within Wis. Stats. ch. 68, and established this section as its municipal review procedure. As a condition precedent to challenging any stormwater utility charge, the charge must be timely paid in full under protest to the city. (b) Within 30 calendar days after the date of mailing the director's decision, the customer may appeal the director's decision to the board of public works (board) by filing a written appeal with the city clerk. The written appeal shall specify all grounds for the challenge and shall state the amount of stormwater charge that the appellant considers to be appropriate. The appeal must specifically address the director's conclusions and not merely repeat the bases for the initial request. Failure to timely and properly appeal shall deprive the board of jurisdiction to hear the appeal. (c) The board shall conduct a formal hearing at such time and place as designated in a hearing notice to the appellant, providing a minimum of five business days' notice to the appellant. In considering an appeal, the board shall determine whether the stormwater charge is fair and reasonable. The decision shall be based upon the evidence presented at the hearing. The board shall notify the appellant in writing of its Page 141 of 194 Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 4 of 4 determination by first class mail addressed to the individual at the address listed within the appeal. Service is conclusive upon mailing. (d) Within 30 calendar days after the date of mailing the board decision, the customer may appeal the board's decision to the common council following the process set forth in subsection (e) of this section. Failure to timely and properly appeal shall deprive the common council of jurisdiction to hear the appeal. (e) The common council shall consider the appeal in the same manner as a new resolution, pursuant to its rules for procedure in existence at the time of consideration. The city clerk shall provide written notice no later than five business days to the address listed within the appeal of the time and place of the common council's consideration of the appeal. In considering an appeal, the common council shall determine whether the stormwater charge is fair and reasonable. The common council shall base its dec ision upon the information presented at its meeting. The city clerk shall notify the appellant in writing of the common council's determination by first class mail addressed to the individual at the address listed within the appeal. Service is conclusive upon mailing. (f) As a condition precedent to any adjustment or credit request, or any appeal, a customer must have paid in full all stormwater charges to the city. (g) If an adjustment request is granted, stormwater charges shall be adjusted on a going forward basis. (Ord. No. 680, § 1, 9-1-09) Sec. 98-608. Alternative method to collect stormwater charges. In addition to any other method for collection of the charges established under this section, or subsequent resolution, such charges may be, and are hereby authorized to be levied and imposed on property as a special charge pursuant to Wis. Stats. § 66.0627. The mailing of the bill for stormwater charges to a property owner shall serve as notice to the property owner that failure to pay the charges when due may result in the charges being imposed pursuant to the authority of Wis. Stats. § 66.0627. The proce dures contained in Wis. Stats. § 66.0627, shall govern such notice and further collection procedures. (Ord. No. 680, § 1, 9-1-09) Sec. 98-609. Budget excess revenues. The stormwater utility finances shall be accounted for in a separate stormwater utility fund by the city. The finance director or his/her designee, shall prepare an annual budget, which is to include all operation and maintenance costs, debt service, capital, and other costs related to the operation of the stormwater utility. The budget is subject to approval by the common council. Any excess of stormwater utility revenues over expenditures in a year will be retained by the fund for subsequent years' needs of the stormwater utility. (Ord. No. 680, § 1, 9-1-09) Secs. 98-610—98-635. Reserved. Page 142 of 194 - REVISED CODE OF ORDINANCES Chapter 98 - UTILITIES ARTICLE V. STORMWATER UTILITY Fort Atkinson, Wisconsin, Code of Ordinances Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 1 of 4 ARTICLE V. STORMWATER UTILITY Sec. 98-601. Creation. There is hereby established a stormwater utility in the City of Fort Atkinson. The operation of a stormwater utility shall be under the supervision of the director of public works. (Ord. No. 680, § 1, 9-1-09) Sec. 98-602. Authority. The city, acting through the stormwater utility, may without limitation due to enumeration, do the following: (1) Acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, manage and finance such facilities and equipment, as are deemed by the city to be proper and necessary for storm and surface water management. These faci lities may include, without limitation due to enumeration, surface and underground drainage facilities, pollution control practices, sewers, watercourses, retaining walls, ponds, streets, roads, ditches and such other natural or manmade facilities as will support a stormwater management system. (2) Undertake any operations or activities, or provide any services deemed by the city to be proper and necessary for storm and surface water management. (3) Maintain compliance with all regulatory requirements for storm and surface water management. (Ord. No. 680, § 1, 9-1-09) Sec. 98-603. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: Cemetery property. The term “cemetery property” means a parcel or contiguous group of parcels used primarily and actively for the internment of human remains, including grassed areas, internal driveways, pedestrian areas, landscaping, and structures customarily incidental to cemetery operations. City credit policy. The city credit policy is a written document prepared by the director and approved by the city, which sets forth the criteria under which customers may be eligible for a credit to reduce stormwater charges. The city credit policy shall be available throug h the department of public works prior to the initial billing. Customer. The term “customer” means the owner or nonowner user of a property with impervious area in the city. Developed property. The term “developed property” means property that is developed by the addition of an improvement such as a building, structure, grading, other impervious surface, or substantial landscaping, but excluding publicly-owned rights-of-way. A new improvement shall be considered complete upo n issuance of a certificate of occupancy, or if no such certificate is issued, upon completion of construction or final inspection. A new improvement shall also be considered complete if the construction pro ject is at least 50 percent complete, and then is halted for a period of three months or more. Page 143 of 194 Created: 2026-04-30 10:33:36 [EST] (Supp. No. 30) Page 2 of 4 Director. The term “director” means the director of public works, or his/her designee. Equivalent runoff unit (ERU) means 3,096 square feet, which is approximately the statistical average impervious area of one single-family residential housing unit within the city. This definition only applies to this chapter, and not to any other City of Fort Atkinson ordinance. Impervious area or impervious surface. The terms “impervious area” or “impervious surface” means a horizontal surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes, but is not limited to, streets, roofs, sidewalks, parking lots, compacted gravel surfaces, as well as other similar surfaces. Nonresidential property. The term “nonresidential property” means any developed property not defined as “residential property”, including, but not limited to, transient rental (such as hotels and motels), multifamily apartment buildings or condominiums more than four units, commercial, industrial, institutional, governmental property, and parking lots. Residential property. The term “residential property” means any developed property developed exclusively for residential purposes with four or fewer residential housing units. (Ord. No. 680, § 1, 9-1-09) Sec. 98-604. Rates and charges. (a) User charges shall be imposed on all developed property with impervious area in the city to recover all or a portion of the costs of the stormwater utility. The amount of such charges shall be based on a rate per equivalent runoff unit (ERU). The rate per ERU shall be established pursuant to further resolution of the City of Fort Atkinson Common Council and shall be fair and reasonable. A schedule of current rates shall be maintained and on file in the office of the city clerk. (b) All developed property with impervious area shall be assigned ERUs. Each single -family residential property shall be assigned one ERU. Each two-family residential property shall be assigned 0.7 ERUs/dwelling unit. Each three- and four-family residential property shall be assigned 0.5 ERUs/dwelling unit. Nonresidential property shall be assigned ERUs based upon the amount of impervious area on the property divided by 3,096 square feet, however shall not be less than one ERU. (c) In the event the owner and nonowner users of a particular property are not the same, the liability for the charges attributable to that property shall be joint and several. (d) The director shall prepare a city credit policy which sets forth available credits to reduce stormwater charges for customers with riparian lands, and for customers who have taken additional stormwater management steps which reduce the city’s stormwater management costs (i.e.; does not include credits for rain barrels, rain gardens or minor stormwater management steps). (e) Undeveloped and agricultural. No stormwater charge shall be assigned. (Ord. No. 680, § 1, 9-1-09) Sec. 98-605. Payments. (a) Stormwater charges will be billed to the utility customer and shall be payable at the same time and in the same manner as water and wastewater charges. A stormwater utility bill will be established for those properties that do not receive a water/waste water bill. These bills will be payable at the same time as the other water/wastewater bills. Such charges shall not be payable in installments. Page 144 of 194 Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 3 of 4 (b) The owner of any property, which is occupied by tenants, shall have the right to examine during normal business hours the appropriate records of the city to determine whether such fees and charges have been paid by such tenants. (c) Delinquent stormwater charges may be placed as a lien upon the property a provided in Wis. Stats. §§ 66.0821(4)(d) and 66.0809. (Ord. No. 680, § 1, 9-1-09) Sec. 98-606. Adjustments and credits. (a) A nonresidential customer may apply for an adjustment to the ERUs assigned to his, her or its property if the customer believes the impervious area measurements on which the ERU calculation is based are inaccurate. (b) Residential and nonresidential customers may apply for a credit to their stormwater charge if the property is eligible for a credit pursuant to the city credit policy. (c) Procedure to apply for adjustments or credits. (1) A customer may submit a request for an adjustment or credit at any time. All such requests shall be submitted to the director on forms provided by the city. (2) The director shall have the authority to develop and administer the procedures and standards for adjustment of ERUs or granting of credits as established in this section. (3) The nonresidential customer requesting the adjustment may be required, at his, her or its own expense, to provide supplemental information to the director. (4) Once a completed request and all required information is fully submitted, the director shall have 30 calendar days within which to render a written decision. The director shall notify the requester in writing of the decision by first class mail address ed to the individual at the address listed within the request. Service is conclusive upon mailing. (5) If a request is granted, stormwater charges shall be adjusted on a going forward basis. (Ord. No. 680, § 1, 9-1-09) Sec. 98-607. Appeals process. (a) The City of Ft. Atkinson elects not to be subject to the administrative review procedure provisions contained within Wis. Stats. ch. 68, and established this section as its municipal review procedure. As a condition precedent to challenging any stormwater utility charge, the charge must be timely paid in full under protest to the city. (b) Within 30 calendar days after the date of mailing the director’s decision, the customer may appeal the director’s decision to the board of public works (board) by filing a written appeal with the city clerk. The written appeal shall specify all grounds for the challenge and shall state the amount of stormwater charge that the appellant considers to be appropriate. Th e appeal must specifically address the director’s conclusions and not merely repeat the bases for the initial request. Failure to timely an d properly appeal shall deprive the board of jurisdiction to hear the appeal. (c) The board shall conduct a formal hearing at such time and place as designated in a hearing notice to the appellant, providing a minimum of five business days' notice to the appellant. In considering an appeal, the board shall determine whether the stormwater charge is fair and reasonable. The decision shall be based upon the evidence presented at the hearing. The board shall notify the appellant in writing of its Page 145 of 194 Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 4 of 4 determination by first class mail addressed to the individual at the address listed within the appeal. Service is conclusive upon mailing. (d) Within 30 calendar days after the date of mailing the board decision, the customer may appeal the board’s decision to the common council following the process set forth in subsecti on (e) of this section. Failure to timely and properly appeal shall deprive the common council of jurisdiction to hear the app eal. (e) The common council shall consider the appeal in the same manner as a new resolution, pursuant to its rules for procedure in existence at the time of consideration. The city clerk shall provide written notice no later than five business days to the address listed within the appeal of the time and place of the commo n council's consideration of the appeal. In considering an appeal, the common council shall determine whether the stormwater charge is fair and reasonable. The common council shall base its dec ision upon the information presented at its meeting. The city clerk shall notify the appellant in writing of the commo n council's determination by first class mail addressed to the individual at the address listed within the appeal. Service is conclusive upon mailing. (f) As a condition precedent to any adjustment or credit request, or any appeal, a customer must have paid in full all stormwater charges to the city. (g) If an adjustment request is granted, stormwater charges shall be adjusted on a going forward basis. (Ord. No. 680, § 1, 9-1-09) Sec. 98-608. Alternative method to collect stormwater charges. In addition to any other method for collection of the charges established under this section, or subsequent resolution, such charges may be, and are hereby authorized to be levied and imposed on property as a special charge pursuant to Wis. Stats. § 66.0627. The mailing of the bill for stormwater charges to a property owner shall serve as notice to the property owner that failure to pay the charges when due may result in the charges being imposed pursuant to the authority of Wis. Stats. § 66.0627. The proce dures contained in Wis. Stats. § 66.0627, shall govern such notice and further collection procedures. (Ord. No. 680, § 1, 9-1-09) Sec. 98-609. Budget excess revenues. The stormwater utility finances shall be accounted for in a separate stormwater utility fund by the city. The finance director or his/her designee, shall prepare an annual budget, which is to include all operation and maintenance costs, debt service, capital, and other costs related to the operation of the stormwater utility. The budget is subject to approval by the common council. Any excess of stormwater utility revenues over expenditures in a year will be retained by the fund for subsequent years' needs of the stormwater utility. (Ord. No. 680, § 1, 9-1-09) Secs. 98-610. Exemption. Cemetery properties, as defined in Section 98-603, are exempt from stormwater utility charges. Sec. 98-611—98-635. Reserved. Formatted: Block 1 Page 146 of 194 - REVISED CODE OF ORDINANCES Chapter 98 - UTILITIES ARTICLE V. STORMWATER UTILITY Fort Atkinson, Wisconsin, Code of Ordinances Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 1 of 5 ARTICLE V. STORMWATER UTILITY Sec. 98-601. Creation. There is hereby established a stormwater utility in the City of Fort Atkinson. The operation of a stormwater utility shall be under the supervision of the director of public works. (Ord. No. 680, § 1, 9-1-09) Sec. 98-602. Authority. The city, acting through the stormwater utility, may without limitation due to enumeration, do the following: (1) Acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, manage and finance such facilities and equipment, as are deemed by the city to be proper and necessary for storm and surface water management. These faci lities may include, without limitation due to enumeration, surface and underground drainage facilities, pollution control practices, sewers, watercourses, retaining walls, ponds, streets, roads, ditches and such other natural or manmade facilities as will support a stormwater management system. (2) Undertake any operations or activities, or provide any services deemed by the city to be proper and necessary for storm and surface water management. (3) Maintain compliance with all regulatory requirements for storm and surface water management. (Ord. No. 680, § 1, 9-1-09) Sec. 98-603. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: Cemetery property. The term “cemetery property” means a parcel or contiguous group of parcels used primarily and actively for the internment of human remains, including grassed areas, internal driveways, pedestrian areas, landscaping, and structures customarily incidental to cemetery operations. City credit policy. The city credit policy is a written document prepared by the director and approved by the city, which sets forth the criteria under which customers may be eligible for a credit to reduce stormwater charges. The city credit policy shall be available throug h the department of public works prior to the initial billing. Customer. The term "customer" means the owner or nonowner user of a property with impervious area in the city. Developed property. The term "developed property" means property that is developed by the addition of an improvement such as a building, structure, grading, other impervious surface, or substantial landscaping, but excluding publicly-owned rights-of-way. A new improvement shall be considered complete upon issuance of a certificate of occupancy, or if no such certificate is issued, upon completion of construction or final inspection. A new improvement shall also be considered complete if the construction pro ject is at least 50 percent complete, and then is halted for a period of three months or more. Formatted: Font: Not Italic Page 147 of 194 Created: 2026-04-30 10:33:36 [EST] (Supp. No. 30) Page 2 of 5 Director. The term "director" means the director of public works, or his/her designee. Equivalent runoff unit (ERU) means 3,096 square feet, which is approximately the statistical average impervious area of one single-family residential housing unit within the city. This definition only applies to this chapter, and not to any other City of Fort Atkinson ordinance. Impervious area or impervious surface. The terms "impervious area" or "impervious surface" means a horizontal surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes, but is not limited to, streets, roofs, sid ewalks, parking lots, compacted gravel surfaces, as well as other similar surfaces. Nonresidential property. The term "nonresidential property" means any developed property not defined as "residential property", including, but not limited to, transient rental (such as hotels and motels), multifamily apartment buildings or condominiums more than four units, comme rcial, industrial, institutional, governmental property, and parking lots. Residential property. The term "residential property" means any developed property developed exclusively for residential purposes with four or fewer residential housing units. (Ord. No. 680, § 1, 9-1-09) Sec. 98-604. Rates and charges. (a) User charges shall be imposed on all developed property with impervious area in the city to recover all or a portion of the costs of the stormwater utility. The amount of such charges shall be based on a rate per equivalent runoff unit (ERU). The rate per ERU shall be established pursuant to further resolution of the City of Fort Atkinson Common Council and shall be fair and reasonable. A schedule of current rates shall be maintained and on file in the office of the city clerk. (b) All developed property with impervious area shall be assigned ERUs. Each single -family residential property shall be assigned one ERU. Each two-family residential property shall be assigned 0.7 ERUs/dwelling unit. Each three- and four-family residential property shall be assigned 0.5 ERUs/dwelling unit. Nonresidential property shall be assigned ERUs based upon the amount of impervious area on the property divided by 3,096 square feet, however shall not be less than one ERU. (c) In the event the owner and nonowner users of a particular property are not the same, the liability for the charges attributable to that property shall be joint and several. (d) The director shall prepare a city credit policy which sets forth available credits to reduce stormwater charges for customers with riparian lands, and for customers who have taken additional stormwater management steps which reduce the city's stormwater management costs (i.e.; does not include credits for rain barrels, rain gardens or minor stormwater management steps). (e) Undeveloped and agricultural. No stormwater charge shall be assigned. (Ord. No. 680, § 1, 9-1-09) Sec. 98-605. Payments. (a) Stormwater charges will be billed to the utility customer and shall be payable at the same time and in the same manner as water and wastewater charges. A stormwater utility bill will be established for those properties that do not receive a water/waste water bill. These bills will be payable at the same time as the other water/wastewater bills. Such charges shall not be payable in installments. Page 148 of 194 Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 3 of 5 (b) The owner of any property, which is occupied by tenants, shall have the right to examine during normal business hours the appropriate records of the city to determine whether such fees and charges have been paid by such tenants. (c) Delinquent stormwater charges may be placed as a lien upon the property a provided in Wis. Stats. §§ 66.0821(4)(d) and 66.0809. (Ord. No. 680, § 1, 9-1-09) Sec. 98-606. Adjustments and credits. (a) A nonresidential customer may apply for an adjustment to the ERUs assigned to his, her or its property if the customer believes the impervious area measurements on which the ERU calculation is based are inaccurate. (b) Residential and nonresidential customers may apply for a credit to their stormwater charge if the property is eligible for a credit pursuant to the city credit policy. (c) Procedure to apply for adjustments or credits. (1) A customer may submit a request for an adjustment or credit at any time. All such requests shall be submitted to the director on forms provided by the city. (2) The director shall have the authority to develop and administer the procedures and standards for adjustment of ERUs or granting of credits as established in this section. (3) The nonresidential customer requesting the adjustment may be required, at his, her or its own expense, to provide supplemental information to the director. (4) Once a completed request and all required information is fully submitted, the director shall have 30 calendar days within which to render a written decision. The director shall notify the requester in writing of the decision by first class mail address ed to the individual at the address listed within the request. Service is conclusive upon mailing. (5) If a request is granted, stormwater charges shall be adjusted on a going forward basis. (Ord. No. 680, § 1, 9-1-09) Sec. 98-607. Appeals process. (a) The City of Ft. Atkinson elects not to be subject to the administrative review procedure provisions contained within Wis. Stats. ch. 68, and established this section as its municipal review procedure. As a condition precedent to challenging any stormwater utility charge, the charge must be timely paid in full under protest to the city. (b) Within 30 calendar days after the date of mailing the director's decision, the customer may appeal the director's decision to the board of public works (board) by filing a written appeal with the city clerk. The written appeal shall specify all grounds for the challenge and shall state the amount of stormwater charge that the appellant considers to be appropriate. The appeal must specifically address the director's conclusions and not merely repeat the bases for the initial request. Failure to timely an d properly appeal shall deprive the board of jurisdiction to hear the appeal. (c) The board shall conduct a formal hearing at such time and place as designated in a hearing notice to the appellant, providing a minimum of five business days' notice to the appellant. In considering an appeal, the board shall determine whether the stormwater charge is fair and reasonable. The decision shall be based upon the evidence presented at the hearing. The board shall notify the appellant in writing of its Page 149 of 194 Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 4 of 5 determination by first class mail addressed to the individual at the address listed within the appeal. Service is conclusive upon mailing. (d) Within 30 calendar days after the date of mailing the board decision, the customer may appeal the board's decision to the common council following the process set forth in subsection (e) of this section. Failure to timely and properly appeal shall deprive the common council of jurisdiction to hear the appeal. (e) The common council shall consider the appeal in the same manner as a new resolution, pursuant to its rules for procedure in existence at the time of consideration. The city clerk shall provide written notice no later than five business days to the address listed within the appeal of the time and place of the common council's consideration of the appeal. In considering an appeal, the common council shall determine whether the stormwater charge is fair and reasonable. The common council shall base its dec ision upon the information presented at its meeting. The city clerk shall notify the appellant in writing of the common council's determination by first class mail addressed to the individual at the address listed within the appeal. Service is conclusive upon mailing. (f) As a condition precedent to any adjustment or credit request, or any appeal, a customer must have paid in full all stormwater charges to the city. (g) If an adjustment request is granted, stormwater charges shall be adjusted on a going forward basis. (Ord. No. 680, § 1, 9-1-09) Sec. 98-608. Alternative method to collect stormwater charges. In addition to any other method for collection of the charges established under this section, or subsequent resolution, such charges may be, and are hereby authorized to be levied and imposed on property as a special charge pursuant to Wis. Stats. § 66.0627. The mailing of the bill for stormwater charges to a property owner shall serve as notice to the property owner that failure to pay the charges when due may result in the charges being imposed pursuant to the authority of Wis. Stats. § 66.0627. The proce dures contained in Wis. Stats. § 66.0627, shall govern such notice and further collection procedures. (Ord. No. 680, § 1, 9-1-09) Sec. 98-609. Budget excess revenues. The stormwater utility finances shall be accounted for in a separate stormwater utility fund by the city. The finance director or his/her designee, shall prepare an annual budget, which is to include all operation and maintenance costs, debt service, capital, and other costs related to the operation of the stormwater utility. The budget is subject to approval by the common council. Any excess of stormwater utility revenues over expenditures in a year will be retained by the fund for subsequent years' needs of the stormwater utility. (Ord. No. 680, § 1, 9-1-09) Sec. 98-610. Cemetery land-use credit. (a) Purpose. A cemetery land-use credit is established to recognize the predominantly maintained pervious character of qualifying cemetery property while ensuring that cemetery property continues to contribute toward the city's system-wide stormwater utility costs. The credit is land -use-specific and shall not be construed as a general open-space, low-impervious-area, or undeveloped-land credit. Formatted: Font: (Default) +Body (Calibri) Page 150 of 194 Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 5 of 5 (b) Eligibility. A customer responsible for stormwater charges attributable to cemetery property may apply for the cemetery land-use credit. The director may require reasonable documentation to establish that the property is used primarily and actively as cemetery property and may verify continued eligibility . (c) Credit amount. Qualifying cemetery property shall receive a credit equal to 25 percent of the stormwater utility charge otherwise calculated under section 98 -604. The credit shall not change the property's ERU assignment, impervious-area measurement, or stormwater utility classification and shall be applied as a reduction to the billed stormwater utility charge. (d) Additional stormwater management credit. Qualifying cemetery property may separately qualify for an additional credit under the city credit policy for additional stormwater management steps that reduce the city's stormwater management costs. Any additional credit applied to cemetery property under this subsection shall not exceed 20 percent of the stormwater utility charge. The cemetery land-use credit and any additional stormwater management credit may be combined, but the total combined credit shall not exceed 40 percent of the stormwater utility charge . (e) Excluded uses. The cemetery land-use credit is specific to cemetery property. Vacant or undeveloped property, agricultural property, public parks or recreational property, golf courses, schools, churches or other religious facilities, private lawns or landscaped areas, commercial open areas, and other property not used primarily and actively for the interment of human remains shall not qualify for the cemetery land -use credit solely because the property contains open, landscaped, or pervious areas. Undeveloped and agricultural property shall remain subject to section 98-604(e). (f) Application and decision. Applications shall be submitted and reviewed in accordance with section 98-606(c). The application shall identify the property, the owner or customer, and the basis for cemetery eligibility . If approved, the credit shall be applied on a going -forward basis. (g) Continued eligibility and revocation. The cemetery owner or operator shall maintain the property in a manner consistent with the qualifying cemetery use. The director may periodically verify continued eligibility and may review the credit upon sale, redevelopment, substantial change in use or physical condition, or cessation of cemetery use. The director may revoke the credit if the property ceases to qualify or if material information provided in support of the application is inaccurate. Written notice of revocation shall be provided to the customer. (h) Appeals. A decision concerning eligibility for, denial of, or revocation of a cemetery land -use credit may be appealed pursuant to section 98-607. (i) No residential minor-practice credit created. This section does not establish a residential rain barrel, rain garden, or other minor stormwater-management credit program. Secs. 98-6110—98-635. Reserved. Formatted: Font: (Default) +Body (Calibri) Formatted: Block 1 Page 151 of 194 - REVISED CODE OF ORDINANCES Chapter 98 - UTILITIES ARTICLE V. STORMWATER UTILITY Fort Atkinson, Wisconsin, Code of Ordinances Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 1 of 4 ARTICLE V. STORMWATER UTILITY Sec. 98-601. Creation. There is hereby established a stormwater utility in the City of Fort Atkinson. The operation of a stormwater utility shall be under the supervision of the director of public works. (Ord. No. 680, § 1, 9-1-09) Sec. 98-602. Authority. The city, acting through the stormwater utility, may without limitation due to enumeration, do the following: (1) Acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, manage and finance such facilities and equipment, as are deemed by the city to be proper and necessary for storm and surface water management. These faci lities may include, without limitation due to enumeration, surface and underground drainage facilities, pollution control practices, sewers, watercourses, retaining walls, ponds, streets, roads, ditches and such other natural or manmade facilities as will support a stormwater management system. (2) Undertake any operations or activities, or provide any services deemed by the city to be proper and necessary for storm and surface water management. (3) Maintain compliance with all regulatory requirements for storm and surface water management. (Ord. No. 680, § 1, 9-1-09) Sec. 98-603. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: Cemetery property. The term “cemetery property” means a parcel or contiguous group of parcels used primarily and actively for the internment of human remains, including grassed areas, internal driveways, pedestrian areas, landscaping, and structures customarily incidental to cemetery operations. City credit policy. The city credit policy is a written document prepared by the director and approved by the city, which sets forth the criteria under which customers may be eligible for a credit to reduce stormwater charges. The city credit policy shall be available throug h the department of public works prior to the initial billing. Customer. The term “customer” means the owner or nonowner user of a property with impervious area in the city. Developed property. The term “developed property” means property that is developed by the addition of an improvement such as a building, structure, grading, other impervious surface, or substantial landscaping, but excluding publicly-owned rights-of-way. A new improvement shall be considered complete upo n issuance of a certificate of occupancy, or if no such certificate is issued, upon completion of construction or final inspection. A new improvement shall also be considered complete if the construction pro ject is at least 50 percent complete, and then is halted for a period of three months or more. Page 152 of 194 Created: 2026-04-30 10:33:36 [EST] (Supp. No. 30) Page 2 of 4 Director. The term “director” means the director of public works, or his/her designee. Equivalent runoff unit (ERU) means 3,096 square feet, which is approximately the statistical average impervious area of one single-family residential housing unit within the city. This definition only applies to this chapter, and not to any other City of Fort Atkinson ordinance. Impervious area or impervious surface. The terms “impervious area” or “impervious surface” means a horizontal surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes, but is not limited to, streets, roofs, sidewalks, parking lots, compacted gravel surfaces, as well as other similar surfaces. Nonresidential property. The term “nonresidential property” means any developed property not defined as “residential property”, including, but not limited to, transient rental (such as hotels and motels), multifamily apartment buildings or condominiums more than four units, commercial, industrial, institutional, governmental property, and parking lots. Residential property. The term “residential property” means any developed property developed exclusively for residential purposes with four or fewer residential housing units. (Ord. No. 680, § 1, 9-1-09) Sec. 98-604. Rates and charges. (a) User charges shall be imposed on all developed property with impervious area in the city to recover all or a portion of the costs of the stormwater utility. The amount of such charges shall be based on a rate per equivalent runoff unit (ERU). The rate per ERU shall be established pursuant to further resolution of the City of Fort Atkinson Common Council and shall be fair and reasonable. A schedule of current rates shall be maintained and on file in the office of the city clerk. (b) All developed property with impervious area shall be assigned ERUs. Each single -family residential property shall be assigned one ERU. Each two-family residential property shall be assigned 0.7 ERUs/dwelling unit. Each three- and four-family residential property shall be assigned 0.5 ERUs/dwelling unit. Nonresidential property shall be assigned ERUs based upon the amount of impervious area on the property divided by 3,096 square feet, however shall not be less than one ERU. (c) In the event the owner and nonowner users of a particular property are not the same, the liability for the charges attributable to that property shall be joint and several. (d) The director shall prepare a city credit policy which sets forth available credits to reduce stormwater charges for customers with riparian lands, and for customers who have taken additional stormwater management steps which reduce the city’s stormwater management costs (i.e.; does not include credits for rain barrels, rain gardens or minor stormwater management steps). (e) Undeveloped and agricultural. No stormwater charge shall be assigned. (Ord. No. 680, § 1, 9-1-09) Sec. 98-605. Payments. (a) Stormwater charges will be billed to the utility customer and shall be payable at the same time and in the same manner as water and wastewater charges. A stormwater utility bill will be established for those properties that do not receive a water/waste water bill. These bills will be payable at the same time as the other water/wastewater bills. Such charges shall not be payable in installments. Page 153 of 194 Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 3 of 4 (b) The owner of any property, which is occupied by tenants, shall have the right to examine during normal business hours the appropriate records of the city to determine whether such fees and charges have been paid by such tenants. (c) Delinquent stormwater charges may be placed as a lien upon the property a provided in Wis. Stats. §§ 66.0821(4)(d) and 66.0809. (Ord. No. 680, § 1, 9-1-09) Sec. 98-606. Adjustments and credits. (a) A nonresidential customer may apply for an adjustment to the ERUs assigned to his, her or its property if the customer believes the impervious area measurements on which the ERU calculation is based are inaccurate. (b) Residential and nonresidential customers may apply for a credit to their stormwater charge if the property is eligible for a credit pursuant to the city credit policy. (c) Procedure to apply for adjustments or credits. (1) A customer may submit a request for an adjustment or credit at any time. All such requests shall be submitted to the director on forms provided by the city. (2) The director shall have the authority to develop and administer the procedures and standards for adjustment of ERUs or granting of credits as established in this section. (3) The nonresidential customer requesting the adjustment may be required, at his, her or its own expense, to provide supplemental information to the director. (4) Once a completed request and all required information is fully submitted, the director shall have 30 calendar days within which to render a written decision. The director shall notify the requester in writing of the decision by first class mail address ed to the individual at the address listed within the request. Service is conclusive upon mailing. (5) If a request is granted, stormwater charges shall be adjusted on a going forward basis. (Ord. No. 680, § 1, 9-1-09) Sec. 98-607. Appeals process. (a) The City of Ft. Atkinson elects not to be subject to the administrative review procedure provisions contained within Wis. Stats. ch. 68, and established this section as its municipal review procedure. As a condition precedent to challenging any stormwater utility charge, the charge must be timely paid in full under protest to the city. (b) Within 30 calendar days after the date of mailing the director’s decision, the customer may appeal the director’s decision to the board of public works (board) by filing a written appeal with the city clerk. The written appeal shall specify all grounds for the challenge and shall state the amount of stormwater charge that the appellant considers to be appropriate. Th e appeal must specifically address the director’s conclusions and not merely repeat the bases for the initial request. Failure to timely an d properly appeal shall deprive the board of jurisdiction to hear the appeal. (c) The board shall conduct a formal hearing at such time and place as designated in a hearing notice to the appellant, providing a minimum of five business days' notice to the appellant. In considering an appeal, the board shall determine whether the stormwater charge is fair and reasonable. The decision shall be based upon the evidence presented at the hearing. The board shall notify the appellant in writing of its Page 154 of 194 Created: 2026-04-30 10:33:37 [EST] (Supp. No. 30) Page 4 of 4 determination by first class mail addressed to the individual at the address listed within the appeal. Service is conclusive upon mailing. (d) Within 30 calendar days after the date of mailing the board decision, the customer may appeal the board’s decision to the common council following the process set forth in subsecti on (e) of this section. Failure to timely and properly appeal shall deprive the common council of jurisdiction to hear the app eal. (e) The common council shall consider the appeal in the same manner as a new resolution, pursuant to its rules for procedure in existence at the time of consideration. The city clerk shall provide written notice no later than five business days to the address listed within the appeal of the time and place of the commo n council's consideration of the appeal. In considering an appeal, the common council shall determine whether the stormwater charge is fair and reasonable. The common council shall base its dec ision upon the information presented at its meeting. The city clerk shall notify the appellant in writing of the commo n council's determination by first class mail addressed to the individual at the address listed within the appeal. Service is conclusive upon mailing. (f) As a condition precedent to any adjustment or credit request, or any appeal, a customer must have paid in full all stormwater charges to the city. (g) If an adjustment request is granted, stormwater charges shall be adjusted on a going forward basis. (Ord. No. 680, § 1, 9-1-09) Sec. 98-608. Alternative method to collect stormwater charges. In addition to any other method for collection of the charges established under this section, or subsequent resolution, such charges may be, and are hereby authorized to be levied and imposed on property as a special charge pursuant to Wis. Stats. § 66.0627. The mailing of the bill for stormwater charges to a property owner shall serve as notice to the property owner that failure to pay the charges when due may result in the charges being imposed pursuant to the authority of Wis. Stats. § 66.0627. The proce dures contained in Wis. Stats. § 66.0627, shall govern such notice and further collection procedures. (Ord. No. 680, § 1, 9-1-09) Sec. 98-609. Budget excess revenues. The stormwater utility finances shall be accounted for in a separate stormwater utility fund by the city. The finance director or his/her designee, shall prepare an annual budget, which is to include all operation and maintenance costs, debt service, capital, and other costs related to the operation of the stormwater utility. The budget is subject to approval by the common council. Any excess of stormwater utility revenues over expenditures in a year will be retained by the fund for subsequent years' needs of the stormwater utility. (Ord. No. 680, § 1, 9-1-09) Secs. 98-610. Exemption. Cemetery properties, as defined in Section 98-603, are exempt from stormwater utility charges. Sec. 98-611—98-635. Reserved. Formatted: Block 1 Page 155 of 194 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: September 15, 2026 TO: Committee/Commission/Board FROM: Jedidiah Draeger, Director of Neighborhood and Building Services RE: First reading of an Ordinance to Amend Section 18-256 of the City of Fort Atkinson Code of General Ordinances relating to Camping Units (Draeger, Director of Neighborhood and Building Services) BACKGROUND The City is delegated by the State of Wisconsin to administer and enforce the Wisconsin Uniform Dwelling Code (UDC) within the City. As part of this delegation, the City is responsible for issuing building permits, conducting inspections, and enforcing applicable state building standards for one- and two-family dwellings and certain related structures. To maintain this delegated authority, municipalities are required to adopt and enforce specific provisions of the Wisconsin Administrative Code by reference within their local ordinances. Chapter 18 of the City's Municipal Code, Buildings and Building Regulations, currently adopts the required state administrative code sections necessary for the administration of the UDC. The Wisconsin Department of Safety and Professional Services (DSPS) has since adopted SPS 327 relating to Camping Units, as part of the applicable administrative code. Updating Chapter 18 to include SPS 327 ensures that the City's ordinances remain consistent with current state law and continue to satisfy the requirements of the City's delegated enforcement authority. SPS 327 is included with this staff report for information and review. DISCUSSION The proposed ordinance amendment adopts Wisconsin Administrative Code SPS 327, Camping Units, by reference into Chapter 18 of the City's Municipal Code. This amendment is administrative in nature and is intended to ensure that the City's building regulations remain consistent with current state requirements governing the Uniform Dwelling Code program. Under Wisconsin law, municipalities that elect to administer the Uniform Dwelling Code are required to adopt the applicable administrative code provisions identified by the Department of Safety and Professional Services. Adoption of SPS 327 is part of maintaining compliance with the State's delegation requirements and preserving the City's authority to issue permits, perform inspections, and enforce the Uniform Dwelling Code locally. Page 156 of 194 SPS 327 establishes statewide construction and safety standards applicable to camping units. Incorporating these standards by reference provides consistency between state and local regulations and allows the City to administer building-related matters using the most current state standards. Importantly, adoption of SPS 327 does not allow camping units to be permitted within the City. The proposed ordinance does not amend zoning regulations, land use policies, or occupancy provisions. Camping units will continue to be allowed only in locations and under circumstances otherwise authorized by the City's zoning ordinance and other applicable municipal regulations. The amendment simply adopts the applicable state construction and safety standards required under the City's delegated building inspection authority. Failure to update the City's ordinances to reflect the current Wisconsin Administrative Code could create inconsistencies between local and state regulations and may jeopardize the City's continued compliance with the requirements necessary to administer the Uniform Dwelling Code program. The Ordinance Committee reviewed the proposed Ordinance Amendment to Section 18-256 at a meeting on July 21, 2026, and recommended the City Council adopt the proposed Amendment. FINANCIAL ANALYSIS The proposed ordinance amendment is not expected to have a significant fiscal impact on the City. Adoption of SPS 327 is an administrative update required to maintain compliance with state requirements associated with the City's delegated Uniform Dwelling Code authority. Any implementation costs are expected to be minimal and will be absorbed within the Building Inspection Department's existing operations. Maintaining delegated authority allows the City to continue issuing permits and performing inspections locally, providing efficient service to residents and avoiding the potential administrative and operational impacts that could result if the City were no longer authorized to administer the Uniform Dwelling Code. RECOMMENDATION Staff and the Ordinance Committee recommend the City Council hold the first reading of the ordinance amending Section 18-256 of the City of Fort Atkinson General Code of Ordinances relating to Camping Units and direct the City Manager to prepare the ordinance for a second and possible third/final reading at the meeting on October 6, 2026. ATTACHMENTS 1. DRAFT ORDINANCE NO_Camping Units 2. WI SPS 327 Page 157 of 194 ORDINANCE NO. ____ AN ORDINANCE TO AMEND SECTION 18-256 OF THE CITY OF FORT ATKINSON CODE OF GENERAL ORDINANCES RELATING TO CAMPING UNITS NOW THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, does hereby ordain as follows: Section 1. Amends Sec. 18-256. – Adoption of Uniform Dwelling Code to read as follows: Sec. 18-256. – Adoption of Uniform Dwelling Code. (a) Pursuant to Wis. Stats. §§ 101.65, and 101.66, the council ordains a building code for new one- and two-family dwellings, accessory structures and the remodeling of, or addition to existing structures, by adoption of Wis. Admin. Code chapters: SPS. 320 Administration and Enforcement; SPS. 321 Construction Standards; SPS. 322 Energy Conservation; SPS. 323 Heating, Ventilating and Air Conditioning; SPS. 324 Electrical Standards; SPS. 325 Plumbing and Potable Water Standards SPS. 327 Camping Units Section 2. This ordinance shall take effect after passage, posting, or publication as provided by law. Enacted by the City Council of the City of Fort Atkinson, Jefferson County, Wisconsin, this __________ day of ____________, 2026. Page 158 of 194 Fort Atkinson City Council ______________________________________ Kyle Jaeckel, President ATTEST: ____________________________________________________ Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 159 of 194 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 1 SAFETY AND PROFESSIONAL SERVICES SPS 327.02 Chapter SPS 327 CAMPING UNITS Subchapter I — Administration and Enforcement SPS 327.01 Purpose. SPS 327.02 Scope. SPS 327.03 Effective date. SPS 327.04 Applications. SPS 327.05 Exemptions. SPS 327.06 Procedure for municipalities. SPS 327.07 State jurisdiction. SPS 327.08 Definitions. SPS 327.09 Wisconsin camping unit building permit. SPS 327.10 Procedure for obtaining camping unit building permit. SPS 327.11 Inspections. SPS 327.12 Approval procedures. SPS 327.13 Suspension or revocation of Wisconsin camping unit building permit. SPS 327.14 Effect of suspension and revocation. SPS 327.15 Approval of products. SPS 327.16 Petition for variance. SPS 327.17 Municipal variance from the code. SPS 327.18 Appeals of orders, determinations, and for extension of time. SPS 327.19 Adoption of standards. Subchapter II — Construction Standards SPS 327.20 Loads and materials. SPS 327.21 Exits. SPS 327.22 Stairways and elevated areas. SPS 327.23 Ladders. SPS 327.24 Ceiling height. SPS 327.25 Fireblocking. SPS 327.26 Smoke detectors. SPS 327.27 Carbon monoxide alarms. SPS 327.28 Protection against decay and termites. SPS 327.29 Floor design. SPS 327.30 Wood floors in contact with the ground. SPS 327.31 Wood frame floors. SPS 327.32 Decks. SPS 327.33 Exterior covering. SPS 327.34 Wood frame walls. SPS 327.35 Roof design and framing. SPS 327.36 Weather protection for roofs. Subchapter III — Heating, Ventilating, and Air Conditioning SPS 327.37 Scope. SPS 327.38 Design. SPS 327.39 Selection of equipment. SPS 327.40 Types and location of equipment. SPS 327.41 Combustion air. SPS 327.42 Mechanical draft systems. SPS 327.43 Equipment maintenance information. SPS 327.44 Ductwork. SPS 327.45 Dampers, registers, and grilles. SPS 327.46 Piping. SPS 327.47 Venting system location. SPS 327.48 Multiple appliance venting. SPS 327.49 Fuel storage. Subchapter IV — Electrical Standards SPS 327.50 Electrical standards. Subchapter V — Plumbing SPS 327.51 Plumbing. Subchapter VI — Camping Unit Transfer Tanks SPS 327.52 Purpose. SPS 327.53 Installation and maintenance. SPS 327.54 Compliance with code. SPS 327.55 Servicing requirements. SPS 327.56 Abandonment. SPS 327.57 Penalties. Note: Ch. SPS 327 was created by emergency rule, EmR1703, effective February 6, 2017. Subchapter I — Administration and Enforcement SPS 327.01 Purpose. The purpose of this code is to es- tablish uniform statewide construction standards and inspection procedures for camping units in accordance with the require- ments of ss. 101.63 (1), 101.82 (1), and 145.02 (2) (b), Stats. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.02 Scope. (1) GENERAL. The provisions of this code apply to all camping units for which construction com- menced on or after February 6, 2017. Note: Also see s. SPS 327.04. (2) MUNICIPAL ORDINANCES. (a) A municipality may not adopt an ordinance on any subject falling within the scope of this code including establishing restrictions on the occupancy of camping units for any reason other than noncompliance with the provisions of this code as set forth in s. SPS 327.11 (5) . This code does not apply to occupancy requirements occurring after the first occupancy following the final inspection required under s. SPS 327.11 (4). (b) This code shall not be construed to affect local require- ments relating to land use, zoning, post-construction storm water management, fire districts, side, front and rear setback require- ments, property line requirements or other similar requirements. This code shall not affect the right of municipalities to establish safety regulations for the protection of the public from hazards at the job site. (c) Any municipality may, by ordinance, require permits and fees for any construction, additions, alterations, or repairs not within the scope of this code. (d) Any municipality may, by ordinance, adopt the provisions of this chapter to apply to any additions or alterations to existing camping units. (e) Nothing in this chapter shall prevent a municipality from any of the following: 1. Implementing erosion and sediment control requirements that are more stringent than the standards of this code when di- rected by an order of the United States Environmental Protection Agency or by an administrative rule of the department of natural resources under s. NR 151.004. 2. Regulating erosion and sediment control for sites that are not under the scope of this chapter. (f) This code shall not be construed to affect the authority of the department of natural resources to enforce chs. 281 and 283, Stats., and administrative rules promulgated thereunder. (3) LEGAL RESPONSIBILITY. The department or the munici- pality having jurisdiction shall not assume legal responsibility for the design or construction of camping units. (4) RETROACTIVITY. The provisions of this code are not retroactive, except as specifically stated in a rule. (5) LANDSCAPING. The scope of this code does not extend to driveways, sidewalks, landscaping, and other similar features not having an impact on the camping unit structure. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18; correction in (2) (f) made under s. 35.17, Stats., Register March 2018 No. 747. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register November 2024 No. 827 Page 160 of 194 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. SPS 327.03 WISCONSIN ADMINISTRATIVE CODE 2 SPS 327.03 Effective date. The effective date of this chapter is February 6, 2017. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.04 Applications. (1) NEW CAMPING UNITS. This code applies to all camping units for which construction commenced on or after February 6, 2017. All camping units cov- ered under this subsection shall meet the requirements of this chapter. If a plumbing, electrical, heating, or air conditioning sys- tem is installed in a camping unit, the system shall meet the re- quirements of this chapter. (2) ADDITIONS AND ALTERATIONS. Additions and alterations to camping units covered by this code shall comply with all provi- sions of this code at the time of permit application or the begin- ning of the project, if no permit is required. (3) CHANGE OF USE. Property previously used for another purpose shall comply with this code upon conversion to a camp- ing unit. Note: Examples of property that may be converted to a camping unit include a cabin, covered wagon, or gazebo. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.05 Exemptions. (1) EXISTING CAMPING UNITS. The provisions of this code shall not apply to camping units, the construction of which was commenced prior to Febru- ary 6, 2017, or to additions or alterations to such camping units. Note: As provided under s. SPS 327.02 (2) (d), the provisions of this chapter may be adopted by a municipality to apply to any additions or alterations to existing camping units. (2) REPAIRS. The provisions of this code do not apply to re- pairs or maintenance to camping units, or to the repair of electri- cal, plumbing, heating, ventilating, air conditioning and other sys- tems installed therein. (3) ACCESSORY BUILDINGS. The provisions of this code do not apply to detached garages or to any accessory buildings de- tached from the camping unit. (4) DETACHED DECKS. The provisions of this code do not ap- ply to detached decks provided the deck does not serve an exit from the camping unit. (5) MANUFACTURED AND MODULAR HOMES. The provisions of this code do not apply to manufactured homes and modular homes. (6) MOTOR AND MOBILE HOMES AND RECREATIONAL VEHI- CLES. The provisions of this code do not apply to motor homes, recreational vehicles, park model recreational vehicles, and recre- ational mobile homes. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.06 Procedure for municipalities. (1) MU- NICIPAL JURISDICTION. (a) General. 1. Except as provided in par. (b), cities, villages, towns, and counties approved by the de- partment under s. SPS 320.06 to exercise jurisdiction over the construction and inspection of new dwellings shall exercise juris- diction over the construction and inspection of new camping units. 2. Municipalities exercising jurisdiction under subd. 1. shall, by ordinance, adopt this code in its entirety. 3. Except as provided under s. SPS 327.02 (2) (d), no addi- tional requirements within the scope of this code may be adopted by a municipality unless approved by the department in accor- dance with s. SPS 327.17. (b) Intent to not exercise jurisdiction. Municipalities intend- ing not to exercise jurisdiction over the construction and inspec- tion of new camping units shall notify the department, in writing, within 90 days of the effective date of this code. (c) Recision of ordinances. Municipalities that rescind an or- dinance under par. (a) shall file a certified copy of the recision with the department within 30 days of adoption. Note: Notification of intent to not exercise jurisdiction and certified copies of re- cisions of ordinances should be sent to Department of Safety and Professional Ser- vices, Industry Services Division, PO Box 2658, Madison, WI 53701-2658. (2) DEPARTMENTAL JURISDICTION. In municipalities not ex- ercising jurisdiction under sub. (1), the department will oversee enforcement and inspection services for new camping units. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.07 State jurisdiction. In accordance with s. 101.64 (1) (h), Stats., municipalities administering the code may be monitored by the department for compliance with the admin- istrative requirements under this code. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18; correction made under s. 13.92 (4) (b) 7., Stats., Register May 2018 No. 749. SPS 327.08 Definitions. In this chapter: (1) XAccessory building Y means a detached building, not used as a camping unit but is incidental to that of the camping unit and which is located on the same lot. Accessory building does not mean farm building. (2) XAdditionY means new construction performed on a camping unit which increases the outside dimensions of the camping unit. (3) XAllowable stressY means the specified maximum per- missible stress of a material expressed in load per unit area. (4) XAlterationY means an enhancement, upgrading, or sub- stantial change or modification other than an addition or repair to a camping unit or to electrical, plumbing, heating, ventilating, air conditioning, and other systems within a camping unit. (5) XApprovedY means an approval by the department or its authorized representative. Approval is not to be construed as an assumption of any legal responsibility for the design or construc- tion of the camping unit. (6) XBuilding componentY means any subsystem, subassem- bly, or other system designed for use in or as part of a structure, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety. (7) XBuilding systemY means plans, specifications and docu- mentation for a system of manufactured building or for a type or a system of building components, which may include structural, electrical, mechanical, plumbing, and variations which are sub- mitted as part of the building system. (8) XCampgroundY has the meaning given in s. ATCP 79.03 (3). Note: ATCP 79.03 (3) reads: XCampgroundY means a parcel or tract of land owned by a person, state, or local government that is designed, maintained, in- tended, or used for the purpose of providing campsites offered with or without charge, for temporary overnight sleeping accommodations. (9) XCamping unit Y means a framed structure or a tent, teepee, yurt, or other structure with fabric roof or walls that is 400 square feet or less in area, which is placed by a campground owner or operator in a campground for which a permit is issued under s. 97.67, Stats., and used for seasonal overnight camping. (10) XCamping unit transfer tankY or Xtransfer tankY means a type of portable container used to collect and hold wastewater discharges generated by an individual camping unit. (11) XCeiling heightY means the clear vertical distance from the finished floor to the finished ceiling. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register November 2024 No. 827 Page 161 of 194 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 3 SAFETY AND PROFESSIONAL SERVICES SPS 327.08 (12) XCertified UDC inspectorY means a person certified by the department to engage in the administration and enforcement of this code. (13) A XchimneyY is one or more vertical, or nearly so, pas- sageways or flues for the purpose of conveying flue gases to the atmosphere. (14) XCodeY means this chapter. (15) XCommon areaY means a kitchen, hallway, or any habit- able room. (16) XCooling loadY is the rate at which heat must be removed from the space to maintain a selected indoor air temperature dur- ing periods of design outdoor weather conditions. (17) XDeckY means an unenclosed exterior structure, at- tached or adjacent to the exterior wall of a camping unit, which has a floor, but no roof. (18) XDepartmentY means the department of safety and pro- fessional services. (19) XDilution airY means air that is provided for the purpose of mixing with flue gases in a draft hood or draft regulator. (20) XDirect-vent applianceY means a gas-burning appliance that is constructed and installed so that all air for combustion is derived directly from the outside atmosphere and all flue gases are discharged to the outside atmosphere. (21) XExitY means a direct, continuous, unobstructed means of egress from inside the camping unit to the exterior of the camping unit. (22) XFireblockingY means a material or device used to retard or prevent the spread of flame or hot gases through concealed spaces into adjacent rooms or areas. (23) XFirst floor Y means the first floor level above any groundfloor or basement or, in the absence of a groundfloor or basement, means the lowest floor level in the camping unit. (24) XFlightY means a continuous series of risers and treads, with no intermediate landings. (25) XGas applianceY means any device that uses gas as a fuel or raw material to produce light, heat, power, refrigeration, or air conditioning. (26) XGroundfloorY means that level of a camping unit, be- low the first floor, located on a site with a sloping or multilevel grade and which has a portion of its floor line at grade. (27) XGuardY means a barrier erected to prevent a person from falling to a lower level. (28) XHabitable room Y means any room used for sleeping, living, or dining purposes, excluding such enclosed places as kitchens, closets, pantries, bath or toilet rooms, hallways, laun- dries, storage spaces, utility rooms, and similar spaces. (29) XHandrailY means a horizontal or sloping rail intended for grasping by a hand, for guidance or support or preventing a fall down a stair. (30) XHeating loadY is the estimated heat loss of each room or space to be heated, based on maintaining a selected indoor air temperature during periods of design outdoor weather conditions. The total heat load includes: the transmission losses of heat trans- mitted through the wall, floor, ceiling, glass or other surfaces; and either the infiltration losses or heat required to warm outdoor air used for ventilation. (31) XHV ACY means heating, ventilating and air conditioning. (32) XHV AC systemY means the equipment, distribution net- work, and terminals that provide either collectively or individu- ally the processes of heating, ventilating, or air conditioning to a building. (33) XInsigniaY or XWisconsin insigniaY means a device or seal approved by the department to certify compliance with this code. (34) XKitchenY means an area used, or designed to be used, for the preparation of food. (35) XLand disturbing construction activityY means any man- made alteration of the land surface resulting in a change in the to- pography or existing vegetative or non-vegetative soil cover, that may result in storm water runoff and lead to an increase in soil erosion and movement of sediment. (36) XLandingY means the level portion of a stairs located be- tween flights of stairs or located at the top and base of a stairs. (37) XLavatoryY means a sink or basin in a camping unit bathroom. (38) XListed and listingY means equipment or building com- ponents which are tested by an independent testing agency and accepted by the department. (39) XLoftY means an upper room or floor with one side that has at least 50% of the space from the floor to the ceiling open to the floor below. (40) XManufactured home Y has the meaning given in s. 101.91 (2), Stats. (41) XMechanical draft systemY means a venting system for a gas burning appliance that is designed to remove flue or vent gases by mechanical means, such as a fan, which may consist of an induced draft portion under non-positive static pressure or a forced draft portion under positive static pressure. (42) XModular homeY has the meaning given in s. 101.71 (6), Stats. (43) XMotor home Y has the meaning given in s. 340.01 (33m), Stats. (44) XMunicipalityY means any city, village, town, or county in this state. (45) XNaturally vented applianceY means an appliance with a venting system designed to remove flue or vent gases under non- positive static vent pressure entirely by natural draft. (46) XOwnerY means any person having a legal or equitable interest in the camping unit. (47) XPark model recreational vehicleY means a factory built vehicular structure that is designed only for recreational use and not as a primary residence or for permanent occupancy, is built and certified in accordance with the National Fire Protection As- sociation[s NFPA 1192-15, Standard for Recreational Vehicles, or the American National Standards Institute[s ANSI A119.5-15, Recreational Park Trailer Standard, and is not certified as a man- ufactured home. (48) XPorchY means an unenclosed exterior structure at or near grade attached or adjacent to the exterior wall of any camp- ing unit, and having a roof and floor. (49) XPre-existing insigniaY or XWisconsin pre-existing in- signiaY means a device or seal approved by the department for camping units, the construction of which was commenced prior to February 6, 2017. (50) XRecreational mobile homeY has the meaning given in s. 66.0435 (1) (hm), Stats. (51) XRecreational vehicle Y has the meaning given in s. 340.01 (48r), Stats. (52) XRegistered UDC inspection agency Y means a person, business, or entity that is registered with the department for the purpose of facilitating issuance of Wisconsin camping unit build- ing permits and inspection of camping units in municipalities Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register November 2024 No. 827 Page 162 of 194 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. SPS 327.08 WISCONSIN ADMINISTRATIVE CODE 4 where the department has jurisdiction pursuant to s. 101.651 (3) (b), Stats. (53) XRepairY means the act or process of restoring to origi- nal soundness, including redecorating, refinishing, nonstructural repairs or maintenance, or the replacement of existing fixtures, systems, or equipment with the equivalent fixture, system or equipment. (54) XShingleY means a unit of roof-covering material that has been manufactured to specific dimensions and is applied in overlapping fashion. XShingleY includes all of the following: (a) XFiberglass asphalt shingleY means a type of shingle with an internal mat composed of nonwoven, resin-bonded glass fibers, that is impregnated and coated with asphalt. (b) XLaminated shingleY means a shingle with a second layer of asphalt and mat laminated to the first layer, usually in a design pattern to simulate the dimensional appearance of natural slate or wood shakes. (c) XOrganic asphalt shingleY means a shingle with an internal mat composed of organic fibers, such as cellulose, that is satu- rated and coated with asphalt. (d) XStrip shingleY means a rectangular shingle that relies ei- ther on a sealant or on a combination of weight and stiffness to re- sist wind uplift, rather than using interlocking tabs. (55) XStair,Y Ystairs,Y or YstairwayY means one or more risers that form a continuous passage from one elevation to another. (56) A XstoryY is that portion of a camping unit located be- tween the floor and the ceiling. (57) XVentY means a vertical flue or passageway to vent fuel- burning appliances. (58) XVentilationY means the process of supplying or remov- ing air by natural or mechanical means to or from any space. (59) XWater closetY means a water-flushed plumbing fixture designed to receive human excrement directly from the user of the fixture. (60) XWaters of the state Y includes those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, and all lakes, bays, rivers, streams, springs, ponds, wells, im- pounding reservoirs, marshes, watercourses, drainage systems, and other surface waters or groundwaters, natural or artificial, public or private, within the state or its jurisdiction. (61) XWindowY means a glazed opening in an exterior wall, including glazed portions of doors, within a conditioned space. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.09 Wisconsin camping unit building per- mit. (1) WHERE REQUIRED. A Wisconsin camping unit build- ing permit shall be obtained from the municipality administering and enforcing this code or from a registered UDC inspection agency administering and enforcing this code in a municipality where the department has jurisdiction pursuant to s. 101.651 (3) (b), Stats., before any construction of a camping unit may begin. (2) INSPECTIONS. A person who obtains a Wisconsin camp- ing unit building permit from a registered UDC inspection agency shall retain the same agency to conduct the inspection of the camping unit under s. SPS 327.11. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.10 Procedure for obtaining camping unit building permit. (1) APPLICATION. Application for a Wis- consin camping unit building permit shall be on forms obtained from the department, the municipality, or the authorized UDC in- spection agency administering and enforcing this code. No appli- cation shall be accepted that does not contain all the information requested on the form. Note: Applications are available from the department by email at dsps@wiscon- sin.gov or by telephone at (608) 266-2112, (877) 617-1565, or 411 (Telecommuni- cations Relay). (2) FILING OF PERMIT APPLICATIONS. A Wisconsin camping unit building permit shall be filed with the municipality or the authorized UDC inspection agency administering and enforcing this code. (3) FEES. (a) Municipal fees. The municipality shall, by or- dinance, determine fees to cover expenses of final inspection of the camping unit and the issuance of a Wisconsin insignia. Note: Also see s. SPS 302.34, which sets the fee the department will charge for a Wisconsin insignia. (b) Inspection agency fees. UDC inspection agency fees shall be determined by contract between the municipality and the agency or between the department and the agency, where the agency has been authorized to conduct inspections on behalf of the department. (4) ISSUANCE OF PERMITS. (a) The Wisconsin camping unit building permit shall be issued if the requirements for filing and fees are satisfied. (b) The permit shall expire 24 months after issuance if con- struction of the camping unit has not been completed. (5) DENIAL OF PERMITS. (a) General. Approval shall be de- nied if the municipality or authorized UDC inspection agency ad- ministering and enforcing this code determines that the Wiscon- sin camping unit building permit application does not substan- tially conform to the provisions of this code and other legal requirements. (b) Denial of application. A copy of the denied application, accompanied by a written statement specifying the reasons for denial, shall be sent to the applicant and to the owner as specified on the Wisconsin camping unit building permit application. (c) Appeals. The applicant may appeal a denial of the appli- cation in accordance with the procedure outlined in s. SPS 327.18. (6) TIME-SPAN FOR APPROVAL OR DENIAL. Action to approve or deny a camping unit building permit application shall be com- pleted within 10 business days of receipt of the application, fees, and supplementary information required to process the application. History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.11