City Council Meeting — Minutes

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. 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 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. 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. 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) 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 (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 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 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. 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