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, AUGUST 18, 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 August 4, 2026, City Council meeting (Ebbert, Clerk/Treasurer/Finance Director) b. Review and possible action relating to the minutes of the August 4, 2026 License Committee meeting (Ebbert, Clerk/Treasurer/Finance Director) c. Review and possible action relating to the minutes of the August 11, 2026, Plan Commission meeting (Ebbert, Clerk/Treasurer/Finance Director) d. Review and possible action relating to building, plumbing, and electrical permit report for July 2026 (Draeger, Director of Neighborhood and Building Services) e. Review and possible action relating to the City Clerk-issued License and Permit Report for August (Ebbert, Clerk/Treasurer/Finance Director) Page 1 of 295 f. Review and possible action relating to City Sewer, Water, and Stormwater Utility Financial Statements as of July 31, 2026 (Ebbert, Clerk/Treasurer/Finance Director) g. Review and possible action relating to an Alcohol Beverage License Application for Rock River Heritage Inc. dba Fort Atkinson Club Community Center, for use at 211 S. Water Street East for a RESERVE "Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverage license (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. A proclamation celebrating Jeff Armstrong on the occasion of his retirement and proclaiming August 18, 2026, as "Jeff Armstrong Day" in the City of Fort Atkinson (Navin, Director of Public Works) 8. Resolutions and Ordinances a. First 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) b. First 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) c. Second 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) d. Second 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) e. Second 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) f. Review and possible action relating to a Resolution adopting the Project Plan and boundaries for Tax Incremental District (TID) No. 12, City of Fort Atkinson, Page 2 of 295 Jefferson County, Wisconsin (Houseman, City Manager) g. Review and possible action on a Resolution adopting the project plan and boundaries for Tax Incremental District (TID) No. 13, City of Fort Atkinson, Jefferson County, Wisconsin (Houseman, City Manager) 9. Reports of Officers, Boards, and Committees a. City Manager’s Report (Houseman, City Manager) 10. Unfinished Business 11. New Business a. Review and possible action relating to Ridge View Estates structural fill invoice from Gallitz Grading LLC in the amount of $22,642 (Navin, Director of Public Works) b. Review and possible action regarding Ridge View Estates Development Change Order #9 (Navin, Director of Public Works) c. Review and possible action related to the replacement of Aerated Digester #2 Membrane at the Wastewater Treatment Facility (Sweeney, Wastewater Utility Superintendent) d. Review and possible action relating to a Certified Survey Map for the property located at 815 Jefferson St. (226-0614-3432 and 226-0614-3432-004) (Draeger, Director of Neighborhood and Building Services) e. Review and possible action relating to a Certified Survey Map for the property located on Mehta Lane (parcels 226-0614-3231-000 and 226-0614-3242-001) (Draeger, Director of Neighborhood and Building Services) f. Review and possible action relating to a Certified Survey Map for a property located at 550 McMillen St. (ZMA-SPR-2026-02) (Draeger, Director of Neighborhood and Building Services) 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 Director) Page 3 of 295 15. Closed Session a. The City Council may adjourn into closed session under Wis. Stat. 19.85(1)(e) to conduct other specified business where competitive or bargaining purposes require a closed session [Review of Offer to Purchase Lot 1 in the Klement Business Park] (Houseman, City Manager) b. The council may reconvene in open session and may take action on the Offer to Purchase Lot 1 in the Klement Business Park (Houseman, City Manager) 16. Adjournment Date Posted: August 14, 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 295 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, AUGUST 4, 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: Council members Huckabee, Johnson, Lescohier, Price and President Jaeckel. Also present: City Manager, City Clerk/Treasurer/Finance Director, City Attorney, Director of Public Works, Director of Neighborhood and Building Services, Public Works Supervisor, Police Chief, Police Captain, Water Superintendent and Fire Chief. 3. Pledge of Allegiance President Jaeckel led the Pledge of Allegiance. 4. Consent Agenda Price moved, seconded by Johnson to approve the Consent Agenda items 4.a through 4.d as presented. Motion carried. a. Review and possible action relating to the minutes of the July 21, 2026, City Council meeting (Ebbert, Clerk/Treasurer/Finance Director) b. Review and possible action relating to the minutes of the July 27, 2026, Police and Fire Commission meeting (Ebbert, Clerk/Treasurer/Finance Director) c. Review and possible action relating to the minutes of the July 27, 2026, Joint Review Board meeting (Ebbert, Clerk/Treasurer/Finance Director) d. Review and possible action relating to the minutes of the July 28, 2026, Plan Commission meeting (Ebbert, Clerk/Treasurer/Finance Director) 5. Public Hearings None. 6. Public Comment for Matters on the Agenda None. 7. Petitions, Requests, and Communications Page 5 of 295 a. Presentation of proposed changes to Thrive Economic Development Structure (Deb Reinbold, Thrive ED President) No action was taken. 8. Resolutions and Ordinances a. First 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 presented the Ordinance related to Off-Highway Motorcycles. The proposed ordinance is a necessary step to address the surge in OHM and E-Moto usage in Fort Atkinson. By clearly defining OHMs, distinguishing them from legal E-bikes, and providing a tool for municipal citations, this ordinance will protect the community and empower local law enforcement to curb dangerous, unregulated riding. The Ordinance Committee reviewed these proposed changes at their meeting on July 21st and recommended the City Council review and enact the changes. Lescohier moved, seconded by Johnson to perform the first reading of this ordinance and direct the City Manager to prepare the ordinance for a second reading at the meeting on August 18, 2026. Motion carried. b. First 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 presented the Ordinance relating to electric bikes and scooters. Since the last update to this ordinance in 2019, the State of Wisconsin has made additional law changes pertaining to e-Bikes. This update incorporates these updates and adopts additional safety language focused on improving roadway safety. There is also the addition of parental responsibility as e-Bikes continue to gain popularity with youth. The Ordinance Committee reviewed these proposed changes at their meeting on July 21st and recommended the City Council review and enact the changes. Huckabee moved, seconded by Johnson to perform the first reading of the ordinance relating to e-bike usage and direct the City Manager to prepare the ordinance for a second reading at the meeting on August 18, 2026. Motion carried. c. First 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 reviewed the Ordinance amending the zoning map for the property located at 1911 Janesville Avenue. The Plan Commission reviewed the Zoning Map Amendment at a meeting on July 28, 2026, and recommended approval by the City Council. The applicant is proposing to rezone the property from RH-35 to MRH-30, and to Page 6 of 295 obtain a Conditional Use Permit for a Group Development to accommodate seven multifamily buildings totaling 112 units within two separate phases. The existing single- family home on the property is proposed to remain, and a new parcel will be created to include 0.9-acres. The multifamily buildings are proposed to the north, west, and south of the existing home. 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 reading at the August 18, 2026 meeting. Motion carried. 9. Reports of Officers, Boards, and Committees a. City Manager’s Report (Houseman, City Manager) No action was taken. 10. Unfinished Business None. 11. New Business a. Review and possible action relating to the purchase of a 2026 Ford F-250 Super Duty truck for the City's Water Utility (Armstrong, Water Utility Superintendent) Superintendent Armstrong shared the existing 2009 Ford F350 truck has served the Water Utility well for the past 17 years but is past its useful life and starting to cost the Utility in additional repairs. This truck is used daily by the Water Utility Staff for general maintenance, repair work, and emergency response for main breaks and service interruptions. Replacement of the truck was included in the 2026 Budget and CIP. Two vendors provided comparable quotes. Johnson moved, seconded by Lescohier to approve the purchase of a 2026 Ford F-250 XL Super Duty from Griffin Ford of Fort Atkinson in an amount not to exceed $44,215.50. Motion carried. b. Review and possible action relating to a storm sewer cleaning, televising, and locating invoice (Navin, Director of Public Works) Director Navin discussed that on June 9, 2026, the Plan Commission recommended the City Council approve a Preliminary Certified Survey Map for the property located at 312 S. Fourth Street with a condition establishing an easement for maintaining the public storm sewer on the final certified survey map before being brought forward to the City Council for approval. This condition was recommended to address the storm sewer that runs through the property at this location. Staff contracted out the cleaning and televising of this 234.5-foot section of pipe to properly locate its path through private property. The exact location of this pipe is now being recorded in the CSM as recommended by the Plan Page 7 of 295 Commission. Lescohier moved, seconded by Johnson to approve the Expediters, Inc. invoice of $11,805.00 for the cleaning, televising, and locating of the storm sewer pipe at 312 S Fourth St. Motion carried. c. Review and possible action relating to the Purchase and Installation of Fire/EMS Computer Aided Dispatch system using donated funds (Peterson, Fire Chief) Chief Peterson provided the Fort Atkinson Fire Department is requesting approval to implement a Computer-Aided Dispatch (CAD) system utilizing Mobile Data Terminals (MDTs) installed in frontline emergency response vehicles. This project expands the City of Fort Atkinson Police Department's existing ProPhoenix CAD system to include Fire and EMS operations. This will allow Fire, EMS, Police, and Dispatch personnel to operate from the same proven platform while sharing real-time incident information during emergency responses. The project is funded by an anonymous donation to the Fire Department. Price moved, seconded by Johnson to approve the purchase and implementation of the ProPhoenix Computer Aided Dispatch (CAD) Mobile Data Terminal project in the amount of $35,673.05 from the vendors noted in the staff report with donated funds. Motion carried. 12. Miscellaneous None. 13. Public Comment for Matters Not on the Agenda None. 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) Huckabee moved, seconded by Lescohier to approve the list of Verified Claims as presented and authorize payment. Motion carried. 15. Closed Session a. The City Council may adjourn into closed session pursuant to Wis. State Stat. §19.85(1)(e) to deliberate or negotiate the purchasing of public properties, the sale of public properties, and the purchase of temporary limited easements over private property, where competitive or bargaining reasons require a closed session (Houseman, City Manager) Lescohier moved, seconded by Johnson to go into closed session pursuant to Wis. State Stat. §19.85(1)(e) to deliberate or negotiate the purchasing of public properties, the sale Page 8 of 295 of public properties, and the purchase of temporary limited easements over private property, where competitive or bargaining reasons require a closed session. Motion carried. 16. Adjournment Huckabee moved, seconded by Johnson to adjourn. Meeting adjourned at 9:12 pm. Respectfully submitted, Michelle Ebbert City Clerk/Treasurer/Finance Director Page 9 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 LICENSE COMMITTEE MEETING IN PERSON TUESDAY, AUGUST 4, 2026 – 6:30 PM CITY HALL – SECOND FLOOR MINUTES 1. Call meeting to order President Jaeckel called the meeting to order at 6:30 pm. 2. Roll call Present: Committee members Lescohier and President Jaeckel. Also present: City Manager and City Clerk/Treasurer/Finance Director. Absent: Price. 3. New Business a. Review and possible action relating to an Alcohol Beverage License Application for Rock River Heritage Inc dba Fort Atkinson Club Community Center, for use at 211 S. Water Street East for a RESERVE "Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverage license (Ebbert, Clerk/Treasurer/Finance Director) Clerk Ebbert introduced the submission from the Rock River Heritage for a Reserve "Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverage license. All documentation was completed accurately, and background checks were successful. Over the past few weeks, employees of the establishment have obtained their operator licenses. The Reserve license carries a one-time fee of $10,000 with annual license renewal rates of $600.00. Jill Kessenich, 301 Memorial Drive- was the prior executive director and spoke in support of the venue obtaining a license. Lescohier moved, seconded by Jaeckel to recommend that the City Council approve the Alcohol Beverage License Application for a RESERVE "Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverage License for Rock River Heritage, Inc dba Fort Atkinson Club Community Center for use at 211 S Water Street East contingent upon payment of licensing fees and having licensed operators. Motion carried. 4. Adjournment Page 10 of 295 Lescohier moved, seconded by Jaeckel to adjourn. Meeting adjourned at 6:46 pm. Respectfully submitted, Michelle Ebbert City Clerk/Treasurer/Finance Director Page 11 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 PLAN COMMISSION MEETING IN PERSON AND VIA ZOOM TUESDAY, AUGUST 11, 2026 – 4:00 PM CITY HALL – SECOND FLOOR MINUTES 1. Call meeting to order Chairperson Manager Houseman called the meeting to order at 4:00 pm. 2. Roll call Present: Chairperson Manager Houseman, Director of Public Works Navin, Commissioners Schultz, Shull, Ciccarelli and Council Representative Huckabee. Also present: Director of Neighborhood and Building Services, City Attorney and Public Relations Executive Assistant. 3. Unfinished Business a. Review and possible action relating to a Conditional Use Permit for Phase 1 of a group development of multiple principal buildings on one parcel located at 1911 Janesville Avenue (parcel 226-0514-1742-001) (SPR-2026-07) (Draeger, Director of Neighborhood and Building Services) Manager Houseman stated that the applicant requested that the Certified Survey Map and Site Plan Review for 1911 Janesville Ave. be removed from the agenda, with a plan to bring them to a future agenda. Director Draeger presented the Conditional Use Permit for a Group Development to accommodate seven multifamily buildings totaling 112 units in two separate phases. This Conditional Use Permit covers Phase 1 of the project. Phase 2 will also require a CUP. The property is located on the far southern edge of Fort Atkinson near the Klement Business Park and STH 26 Bypass/Janesville Avenue interchange. It is currently being used for farming and includes one single-family home. Any existing access easements would not be changed without the property owner's concent. Phase 1 of the project includes four 16-unit multifamily buildings, a new access point to Janesville Avenue, stormwater management, surface parking, and internal circulation driveways. Phase 2 would have three 16-unit buildings. Staff believes the conditions of the Conditional Use Permit are being met. City staff recommends approval of the Conditional Use Permit for Phase 1, subject to the Page 12 of 295 following conditions: • City Council approval of a Certified Survey Map and Plan Commission approval of a Site Plan for Phase 1 • Any other recommendations of City staff and the Plan Commission. Ciccarelli moved, seconded by Huckabee, to approve the Conditional Use Permit subject to the conditions above. Motion carried, 6-0 b. Review and possible recommendation to the City Council on a Certified Survey Map for the property located at 1911 Janesville Avenue (parcel 226-0514-1742-001) (SPR-2026-07) (Draeger, Director of Neighborhood and Building Services) Removed from the agenda. c. Review and possible action relating to a Site Plan Review for the property located at 1911 Janesville Avenue (parcel 226-0514-1742-001) (SPR-2026-07) (Draeger, Director of Neighborhood and Building Services) Removed from agenda. 4. New Business a. Review and possible action relating to the minutes of the July 28, 2026, Plan Commission meeting (Ebbert, Clerk/Treasurer/Finance Director) Huckabee moved, seconded by Shull, to approve the minutes of the July 28, 2026 Plan Commission meeting. The motion carried 6-0. b. Review and possible recommendation to the City Council relating to a Certified Survey Map for the property located at 815 Jefferson St. (226-0614-3432 and 226-0614-3432-004) (CSM-2026-11) (Draeger, Director of Neighborhood and Building Services) Director Draeger stated that the property owner, Opportunities Inc., has requested approval to combine two parcels into one to facilitate the development of an outdoor activities area on the combined properties as an accessory use to the primary structure. The zoning of the property is proposed to remain Light Industrial, and its future use will be an accessory use to the current principal use. The area would be used by their employees and also by the public during certain hours. Overall, the proposed CSM meets the requirements of the City's Land Division and Development Ordinance and the dimensional standards of the City's Zoning Ordinance. Houseman said a Site Plan Review will come before the Plan Commission on September 8, 2026, which will include the all-inclusive playground project. Huckabee confirmed the zoning would stay Light Industrial. Draeger stated it would, so that if the accessory use no longer exists in the future, the property would still be Light Industrial. Ciccarelli asked about the parcels owned by the City in remediation as related to this project. Draeger stated the City has not explored redevelopment of that site yet. Page 13 of 295 Ciccarelli moved, seconded by Schultz, to recommend that the City Council approve the Certified Survey Map for the property located at 815 Jefferson St., subject to the conditions outlined in the staff report. Motion carried 6-0. c. Public Hearing relating to a Conditional Use Permit for a group development to allow multiple buildings on the property located on Mehta Lane (parcels 226-0614-3231-000 and 226-0614-3242-001) (ZMA-2026-01) (Draeger, Director of Neighborhood and Building Services) Director Draeger presented the request relating to a Conditional Use Permit for a group development to allow multiple buildings on the property located on Mehta Lane. The proposed project involves a CSM to combine two existing parcels, a conditional use permit for group development, and a Site Plan Review. Each multifamily building is proposed to be identical, two stories in height, with individual units, attached garages, and entries. Multiple surface parking areas are provided for guests and residents that are connected via internal circulation driveways. The subject properties are located on the far Northwest side of Fort Atkinson, adjacent to the USH 26 Bypass on Mehta Lane and Commonwealth Drive. Staff feels the project meets the group development standards and believes it is in harmony with the Comprehensive Plan. The project also includes interior walkways for pedestrian safety. Manager Houseman opened the public hearing at 4:17 p.m. John Hausz, 104 Jefferson St., questioned how the City sewer and water would be paid for in the development and which street it is coming from. After three calls and no comments, the public hearing was closed at 4:19 p.m. d. Public Hearing relating to a Conditional Use Permit for a group development to allow multiple buildings on the property located at 550 McMillen St. (ZMA-SPR-2026-02) (Draeger, Director of Neighborhood and Building Services) Director Draeger presented the request for the Conditional Use Permit for a group development to allow multiple buildings on the property located at 550 McMillen St. The proposed project involves the following: a CSM to combine two existing parcels into one, a Conditional Use for a Group Development, multiple principal buildings on the same lot, and a Site Plan. A Zoning Map Amendment was approved earlier this year to change the zoning from Institutional to Multi-Family Residential-30. That request was approved by the Plan Commission and City Council. The developer is not requesting the full density of the zoning with the proposed project. The development includes four 24-unit multifamily buildings. The subject properties are located on the far northeast side of Fort Atkinson, near the Fort Healthcare campus. They currently include an access point from McMillen Street to serve an off-site parking lot that Page 14 of 295 was previously needed for Fort Healthcare. The proposed Certified Survey Map is planned to combine two existing parcels and extend the public right-of-way for Schumacher Way into the subject property. One small parcel currently connects the large existing parking lot parcel (7.5 acres) to McMillen Street. The CSM is proposed to combine the parcels for improved access. Additionally, a cul-de-sac-shaped right-of-way extension is proposed at the eastern terminus of Schumacher Way to also improve long-term accessibility to the site. The CSM documents a series of easements that include water and sewer connections between this property and Schumacher Way, in addition to stormwater areas needed to serve this property and the original development of Schumacher Way. Draeger stated the project is in harmony with the City's Comprehensive Plan and meets the conditions for a CUP as outlined in the Zoning Ordinance. Manager Houseman opened the public hearing at 4:23 p.m. After three calls and no comments, the public hearing was closed at 4:23 p.m. e. Review and possible recommendation to the City Council relating to a Certified Survey Map for the property located on Mehta Lane (parcels 226-0614-3231-000 and 226-0614- 3242-001) (ZMA-2026-01) (Draeger, Director of Neighborhood and Building Services) Huckabee moved, seconded by Ciccarelli, to recommend the City Council approve the Certified Survey Map for the property located on Mehta Lane, subject to the following conditions: • An easement shall be added to the CSM to identify the location of a watermain loop from Mehta Lane to Commonwealth Drive. • All City Engineer comments are incorporated within a revised CSM and provided to City staff for review and approval. • Subject to approval of the Conditional Use Permit by the Plan Commission. • Any other recommendations of City staff and the Plan Commission. Motion carried, 6-0. f. Review and possible recommendation to the City Council relating to a Certified Survey Map for a property located at 550 McMillen St. (ZMA-SPR-2026-02) (Draeger, Director of Neighborhood and Building Services) Huckabee moved, seconded by Shull, to recommend the City Council approve the Certified Survey Map for the property located at 550 McMillen St., subject to the following conditions: • All City Engineer comments are incorporated within a revised CSM and provided to City staff for review and approval. • Conditional Use Permit approved by Plan Commission. • Any other recommendations of City staff and the Plan Commission. Motion carried, 6-0 Page 15 of 295 g. Review and possible action relating to a Site Plan Review for the property located on Mehta Lane (parcels 226-0614-3231-000 and 226-0614-3242-001) (ZMA-2026-01) (Draeger, Director of Neighborhood and Building Services) To address a public comment, Drager stated the application packet includes a plan that shows the utilities running through the site. The water will be looped, and the sanitary sewer will run down Commonwealth Drive. The applicant will be paying for the sewer and water loop. Bob Murray, a representative of Pre3, stated the company concentrates on workforce housing. Cardinal View, the project on Mehta Lane, is a 12-unit building, called an apartment home, focused on renters who want to live there for a long period of time. Each home has a private entrance and a private garage connected to the unit. He stated the turnover is 20-25%, which means people are staying there long-term. Pre3 manages their own buildings. The goal is to make the rent affordable enough that the average person making $18–$20 an hour can afford it. He also discussed the project by the hospital, Riverpoint Commons, to focus on an aging population. These buildings are three stories with underground parking and elevators. There is a community room to gather. The company uses on-site managers. The goal is to start having units available by the end of next summer. Both Pre3 projects will be built at the same time. Huckabee stated that she was pleased the company would be managing the buildings and have on-site management. Ciccarelli stated he is pleased with the pedestrian paths within the development. He mentioned future planning to cross Madison Avenue to the high school may be a consideration. Huckabee moved, seconded by Ciccarelli, to recommend the City Council approve the Certified Survey Map for the property located on Mehta Lane, subject to the following conditions: • Require the applicant to provide designated or marked internal walking paths to connect Mehta Lane and Commonwealth Drive through the site. • Require the applicant to add curbing around all parking and landscaping areas. • Require the applicant to update the Site Plan to include pavement markings for all planned parking stall locations that meet all ordinance requirements, as approved by staff. • Waive the requirement and allow individual unit AC mechanicals to be located on the façade of the structure. • Waive the requirement and allow all six buildings to be identical in terms of architecture, materials, and colors, with consideration that each building provides variation in materials and materials on individual buildings. • Waive the 0.4 footcandles lighting requirements, subject to public safety approval. Page 16 of 295 • Contingent on approval of the Conditional Use Permit by the Plan Commission. • Any other recommendations from City staff and the Plan Commission. Motion carried, 6-0 h. Review and possible action relating to a Site Plan Review for a property located at 550 McMillen St. (ZMA-SPR-2026-02) (Draeger, Director of Neighborhood and Building Services) Ciccarelli discussed the possibility of a pedestrian path in the future with CORP planning. He stated the Tax Increment District has funds for bike and pedestrian paths and the possibility of including the connections on the site. He also commended the site connectivity with the sidewalks on the property. Ciccarelli moved, seconded by Huckabee to recommend the City Council approve the Site Plan Reivew for the property located at 550 McMillen St., subject to the following conditions, subject to Staff approval: • Require the applicant to increase the pavement setback for the proposed parking lot closest to the new Schumacher Way cul-de-sac to meet the standards of Section 15.02.24 (10’ from the right-of-way) • Require the applicant to reduce the driveway widths to meet the standards of Section 15.06.03 (24’). • Require the applicant to add curbing along all internal parking and landscaping areas. • Require the applicant to add a minimum of 14 on-site bicycle parking stalls or provide designated space in underground parking • Require the applicant to update the Site Plan to include: • Four-sided, screened dumpster enclosure that meets all ordinance requirements, as approved by staff. • Landscaping plan with plantings and points identified that meets all ordinance requirements, as approved by staff. • Four-sided elevations for the office/mailroom building that meets all ordinance requirements, as approved by staff. • Waive the 0.4 footcandles lighting requirement, subject to public safety approval. • Waive the requirement for a 50' throat depth for the access point office of Schumacher Way due to the very low traffic volumes associated with this street and access point. • Waive the requirement for variation amongst the individual buildings (architectural elements, materials, colors, etc.), understanding that the individual buildings are proposed to have a variation of colors and materials meeting the intent of the requirement. • Contingent on the Plan Commission approval of the Conditional Use Permit. • Any other recommendations of City staff and the Plan Commission. Motion carried, 6-0 Page 17 of 295 i. Update on previously approved projects (Houseman) None. 5. Adjournment Huckabee moved, seconded by Shull to adjourn. Meeting adjourned at 4:55 p.m. Page 18 of 295 Page: 1 of 10 Permit Report 07/01/2026 - 07/31/2026 Permit Issued Date Permit # Permit Location Municipality Owner Name Permit Type Permit Description Estimated Project Cost Total Fees Group: Accessory Structure 7/9/2026 26595 643 Adams St Fort Atkinson Diane Lenz Accessory Structure Lengthening existing garage by 2 feet, replacing roofing and making needed repairs. 18,000 $125.00 $125.00 Group Total: 1 Group: Add/Alter Commercial 7/21/2026 26566 103 S. Main St. Fort Atkinson Andy Eyers Add/Alter Commercial New Storefront and Entry Elevation Upgrades, New Interior Offices 70,000 $605.00 $605.00 Group Total: 1 Group: Deck 7/28/2026 26642 1439 Lakeview Dr. Fort Atkinson Michael Rolland Deck Roofing, Siding, and Window Replacement, Two story 3 season porch addition, front porch addition, 256,645 $261.00 Page 19 of 295 Page: 2 of 10 and Deck Addition 7/16/2026 26590 435 Mechanic St. Fort Atkinson Melissa Burmeister Deck Deck Build 21,387 $100.75 $361.75 Group Total: 2 Group: Early Start 7/24/2026 26635 801 West Rockwell Ave. Fort Atkinson Jones Dairy Farm Early Start Early Start and erosion control only- 8,400 SF Addition and Remodel to Existing South Plant 8,000,000 $775.00 $775.00 Group Total: 1 Group: Electrical 7/31/2026 26664 214 S Main St Fort Atkinson Blackhawk Phase III LLC- Aimee Leonard Electrical Rework 2 light openings 200 $60.00 7/24/2026 26637 408 S Main St. Fort Atkinson Vickie Leistner Electrical New kitchen outlets. 250 $60.00 7/24/2026 26624 510 Washington St. Fort Atkinson Dennis Verhalen Electrical Generator installation 5,782 $140.00 7/21/2026 26611 233 E Milwaukee Ave. Fort Atkinson TW Fleur de Lis LLC Electrical Wire elevator panel 3,200 $63.00 7/13/2026 26599 1331 Erick St Fort Atkinson R & J Vurva Trust Electrical Bath remodel, cut in kitchen lights 2,000 $60.00 7/16/2026 26598 744 Jones Ave Fort Atkinson Jones Dairy Electrical Waste water addition and improvements 5,000,000 $1,300.00 Page 20 of 295 Page: 3 of 10 7/8/2026 26592 1103 Grove St Fort Atkinson Jordan & Sean Van Buren Electrical 200amp overhead service upgrade 11,046 $90.00 7/22/2026 26312 17 Talcott Ave. Fort Atkinson Gary Bergholtz Electrical Generac Generator Installation 14,486 $130.00 $1,903.00 Group Total: 8 Group: Fence 7/30/2026 26663 601 Chippewa Ct Fort Atkinson Margaret Green Fence new 4ft fence around yard 14,000 $60.00 7/2/2026 26585 1113 Harriette St. Fort Atkinson Jeannie M Vechinsky Fence Replace wooden fence with Chain link 5,500 $60.00 7/2/2026 26584 203 Wilcox St. Fort Atkinson Karla & Bob Deutsch Fence 23 lf of 4' aluminum picket fence, 1 gate 3,002 $60.00 7/2/2026 26576 515 Roosevelt St. Fort Atkinson VANCE HETHERINGTON Fence New Fence - 5,000 $60.00 $240.00 Group Total: 4 Group: HVAC 7/31/2026 26648 1337 Marigold Dr. Fort Atkinson Loos Homes HVAC Res NSF 13,000 $297.40 7/21/2026 26630 805 Hillcrest Dr. Fort Atkinson Michael Welke HVAC Replace AC and Furnace 10,500 $105.00 7/23/2026 26629 525 Jackson St. Fort Atkinson Christopher Minor HVAC Remove & replace existing furnace & AC 21,473 $105.00 7/23/2026 26626 643 Hilltop Tr. W Fort Atkinson Kris Koenig HVAC Roof Top Change out 15,000 $85.00 7/16/2026 26609 1131 Janesville Ave. Fort Atkinson Ryan Klopcic HVAC Replacing Rooftop Unit 1 and existing curb 28,000 $85.00 Page 21 of 295 Page: 4 of 10 7/14/2026 26602 1304 Montclair Pl. Fort Atkinson Loran Trust HVAC Remove & replace existing furnace & AC 26,303 $105.00 7/6/2026 26589 721 N 4th St. Fort Atkinson DOTTY BUCHOLTZ HVAC REPLACEMENT FURNACE AND CENTRAL AIR CONDITIONER 0 $105.00 7/6/2026 26588 813 Morrison St. Fort Atkinson VIRGINIA RADER HVAC REPLACEMENT FURNACE AND CENTRAL AIR CONDITIONER 0 $105.00 7/6/2026 26587 604 Chippewa Ct. Fort Atkinson SHARON ERICKSON HVAC REPLACEMENT FURNACE AND CENTRAL AIR CONDITIONING 0 $105.00 7/6/2026 26586 308 E Sherman Ave. Fort Atkinson RON DUDEZECH HVAC REPLACEMENT CENTRAL A/C 0 $70.00 7/6/2026 26536 1246 Janette St. Fort Atkinson DON BLADORN HVAC REPLACEMENT CENTRAL AIR CONDITIONER 0 $70.00 7/6/2026 26535 1246 Janette St. Fort Atkinson DON BLADORN HVAC REPLACEMENT FURNACE 0 $70.00 7/6/2026 26534 421 Oak Ridge Ct. Fort Atkinson MARILYN PURTELL HVAC REPLACEMENT CENTRAL AIR CONDITIONER 0 $70.00 7/6/2026 26533 522 Roosevelt St. Fort Atkinson KAREN STRAUSS HVAC REPLACEMENT CENTRAL AIR CONDITIONER 0 $70.00 7/6/2026 26532 727 MESSMER ST. Fort Atkinson ROBIN LEHMAN HVAC REPLACEMENT FURNACE AND CENTRAL AIR CONDITIONER 0 $105.00 7/6/2026 26527 1212 Shawnee St. Fort Atkinson PATTY CASSEL HVAC REPLACEMENT FURNACE AND REPLACEMENT CENTRAL AIR CONDITIONER 0 $105.00 Page 22 of 295 Page: 5 of 10 7/6/2026 26526 1309 Erick St. Fort Atkinson MIKE HILL HVAC REPLACEMENT FURNACE 0 $70.00 7/6/2026 26495 311 N High St Fort Atkinson LISA FERO HVAC DUCT WORK/SUPPLY AND RETURN 0 $98.75 7/6/2026 26478 725 CASWELL ST. Fort Atkinson TOM COOK HVAC GAS LINE 0 $60.00 7/6/2026 26450 625 Monroe St. Fort Atkinson CHRIS ULSBERGER HVAC REPLACEMENT CENTRAL AIR CONDITIONER 0 $70.00 7/6/2026 26449 1512 Rangita St. Fort Atkinson DANA DAVIS HVAC REPLACEMENT CENTRAL AIR CONDITIONER 0 $70.00 7/6/2026 26448 444 1/2 Mechanic St. Fort Atkinson EMILY BERQUIST HVAC REPLACEMENT CENTRAL AIR CONDITIONER -1 $70.00 7/6/2026 26447 61 LUCILE ST. Fort Atkinson GARY JONAS HVAC REPLACEMENT FURNACE 0 $70.00 $2,166.15 Group Total: 23 Group: New Single Family 7/20/2026 26615 1337 Marigold Dr. Fort Atkinson LOOS CUSTOM HOMES LLC. New Single Family ONE STORY 230,720 $3,743.50 $3,743.50 Group Total: 1 Group: Other 7/23/2026 26625 408 S Main St. Fort Atkinson Vickie Leistner Other Upstairs kitchen remodel - 2nd kitchen 15,000 $70.00 7/28/2026 26618 410 Adams St Fort Atkinson Chad Sanders Other Replacement of 3 structural beams in basement 1,000 $60.00 $130.00 Group Total: 2 Page 23 of 295 Page: 6 of 10 Group: Plumbing 7/31/2026 26652 1220 S Main St. Fort Atkinson James Kirk Plumbing Bathroom 1: Pan to pan replacement located on 1st floor Bathroom 2: Tub to tub replacement located on 1st floor same size and location of wet area 2,520 $60.00 7/31/2026 26649 1337 Marigold Dr. Fort Atkinson Loos Homes Plumbing REs NSF 14,000 $225.40 7/29/2026 26645 816 East St. Fort Atkinson Schultz Plumbing Shower to shower replacement, new mixing valve, pan and drain 14,100 $60.00 7/29/2026 26644 202 Highland Ave. Fort Atkinson Kenley Plumbing Tub to shower replacement, new mixing valve, pan and drain. 15,700 $60.00 7/23/2026 26627 1211 Orchard Ln. Fort Atkinson Robert Head Plumbing install sump upmp 1,900 $60.00 7/27/2026 26622 1337 Marigold Dr. Fort Atkinson Loos Homes Plumbing outside sewer & water laterals 3,000 $200.00 7/16/2026 26597 801 W Rockwell Ave Fort Atkinson Jones Dairy Farm Plumbing Site storm sewer 19,499 $170.00 $835.40 Group Total: 7 Group: Right of Way Opening Permit 7/29/2026 26654 1339 JANESVILLE AVE Fort Atkinson Right of Way Opening Permit GAS SERVICE RETIREMENT WR#5193714 0 $50.00 Page 24 of 295 Page: 7 of 10 7/29/2026 26653 426 WASHINGTON ST Fort Atkinson Right of Way Opening Permit GAS SERVICE REPLACEMENT WR#5225038 0 $50.00 7/24/2026 26636 313 Lucile st Fort Atkinson Right of Way Opening Permit 30-yard dumpster to place on roadway/curbside while cleaning out house as owner passed away. Unsure exact date 0 $50.00 7/20/2026 26621 1227 Commonwealth Dr. Fort Atkinson Ponds Edge Right of Way Opening Permit Asphalt work - Remove and Replace concrete curb 0 $50.00 7/23/2026 26612 1450 Janesville Ave Fort Atkinson Right of Way Opening Permit To directional bore from our existing ped at 1501 for 220' to near our existing vault on the NW corner of Highland Ave and Janesville Ave. 0 $50.00 7/20/2026 26503 25 Elm Street Fort Atkinson Dale and Jackie Lyons Right of Way Opening Permit Concrete Driveway 0 $50.00 $300.00 Group Total: 6 Group: Roofing/Siding 7/30/2026 26658 1127 Peterson St. Fort Atkinson Melalee Bouton Roofing/Siding replacing house roof and flashing on chimney 17,927 $60.00 7/28/2026 26640 210 Nadig Dr. Fort Atkinson Robert Milan Roofing/Siding Siding Replacement 18,631 $60.00 Page 25 of 295 Page: 8 of 10 7/21/2026 26628 1124 Peterson St. Fort Atkinson Linda Straub Roofing/Siding Roof replacement with new gutters, soffit, and fascia 30,000 $60.00 7/20/2026 26619 625 Lexington Blvd Fort Atkinson David and Cathryn Keller Roofing/Siding Roof and Gutter Replacement 15,863 $60.00 7/13/2026 26603 522 Roosevelt St. Fort Atkinson David Strauss Roofing/Siding Roof Replacement 14,356 $60.00 7/7/2026 26591 323 Merchants Ave. Fort Atkinson Greg Albert Roofing/Siding Roof Replacement 4,553 $60.00 7/2/2026 26577 90 S Roland Ave. Fort Atkinson Tyler Pennewell Roofing/Siding New siding, windows & rotten wood repair 17,000 $60.00 7/31/2026 26355 219 Janesville Ave. Fort Atkinson Aaron Phillips Roofing/Siding Roof Replacement 12,800 $60.00 $480.00 Group Total: 8 Group: ROW and Driveway 7/23/2026 26634 643 Adams St. Fort Atkinson Diane Lenz ROW and Driveway Replacing existing driveway - 12 x 28 New Driveway 5,000 $50.00 $50.00 Group Total: 1 Group: Sign 7/31/2026 26661 200 W Sherman Ave. Fort Atkinson Johnson Financial Group Sign Signage replacement 15,000 $145.00 $145.00 Group Total: 1 Group: Single Family Alteration/Addition 7/20/2026 26557 1331 Erick St. Fort Atkinson Rich & Julie VurvA Single Family Alteration/Addition Remodel 3 Existing Bathrooms/First Floor Laundry 40,000 $235.00 $235.00 Page 26 of 295 Page: 9 of 10 Group Total: 1 Group: Windows/Doors 7/28/2026 26620 813 Dempster St. Fort Atkinson Jason Hare Windows/Doors 5 new double hung replacement windows 5,465 $60.00 7/16/2026 26601 541 Stratford Ct. Fort Atkinson Steve and Jennifer Slak Windows/Doors Replacing 1 patio door and 3 windows 13,684 $60.00 7/16/2026 26600 711 McMillen St. Fort Atkinson MARK A MACEJKOVIC Windows/Doors Installing 11 Pocket Replacement windows 27,658 $60.00 $180.00 Group Total: 3 Group: Zoning 7/16/2026 26607 252 W Blackhawk Dr. Fort Atkinson BLACKHAWK RIDGE INVESTMENTS LLC Zoning Zoning Verification Letter 1 $50.00 $50.00 Group Total: 1 $12,324.80 Total Records: 71 8/3/2026 Jedidiah Draeger Director of Neighborhood and Building Services Page 27 of 295 Page: 10 of 10 Page 28 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: August 18, 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 August (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 July 21, 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 Jessica Scott The Fireside Theatre Y $ 30.00 Megwyn Sanders- Andrews Fort Atkinson Club Y $ 30.00 Alyssa Ostrenga Fort Atkinson Club Y $ 30.00 Betsy Swenson Fort Atkinson Club Y $ 30.00 Sean Hackbart Festival Foods Y $ 30.00 Vaidehi Pansheriya Tipsy Trail Y $ 30.00 Harsh Suhagiya Tipsy Trail Y $ 30.00 Yogeshkumar Patel Tipsy Trail Y $ 40.00 Tyler Lewis Kwik Trip #1506 Y $ 40.00 Alexandria Willard Kwik Trip #1506 Y $ 40.00 Alexis Kuehn Two Twenty Y $ 30.00 Page 29 of 295 Jessica Garrett-Grandt 99 Sushi Y $ 30.00 Christina Parish Ruhani Gas Y $ 40.00 Heather Baker Fat Boyz Y $ 30.00 Madison Firn mail to home address Y $ 30.00 Joel Osmundson American Legion Y $ 30.00 MOBILE MERCHANT Baylee Grischow A & B Acai Inc Y $50 Rachel Marlow I Heart Cookies Y $30 DOOR-TO-DOOR RESIDENTIAL / DIRECT SELLER None FINANCIAL ANALYSIS In accordance with the City's Ordinances and Fee Schedule, a total of $80 was collected for Mobile Merchant Permits, and $520.00 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 30 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: August 18, 2026 TO: Committee/Commission/Board FROM: Michelle Ebbert, Clerk/Treasurer/Finance Director RE: Review and possible action relating to an Alcohol Beverage License Application for Rock River Heritage Inc. dba Fort Atkinson Club Community Center, for use at 211 S. Water Street East for a RESERVE "Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverage license (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. 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 remembered because alcohol is consumed Away from the premises. Likewise, Class B you consume on-site, for example Bar. A license is a privilege granted by a municipality to a person (e.g. natural person, partnership, limited liability company, or corporation) that authorizes the sale of alcohol beverages for a specified time period (licensing period). The governing body of the municipality may, but is not required to, issue retail liquor and beer licenses. The municipality may refuse to issue retail licenses if it uses good judgment and does not discriminate between applicants. Table 1: Type of license, beverage and where consumption is permitted. Type of License Type of Beverage Consumption Location “Class A” Intoxicating Liquor Off-site Class “A” Fermented Malt Off-site “Class A” Liquor: Cider Only* Cider Only Off-site “Class B” Intoxicating Liquor On-site Class “B” Fermented Malt On-site “Class C” Wine only On-site Reserve “Class B” Intoxicating Liquor On-site Page 31 of 295 Temporary Class “B” ** Fermented Malt On-site Temporary “Class B” ** Wine On-site *The 2015-17 Wisconsin State Budget (2015 Act 55) provides that municipalities shall issue a “Class A” liquor license if both of the following apply: • The “Class A” liquor license application is for sales limited to cider products only. • The application for a “Class A” liquor license holds a Class “A” beer license for the same premises. 2015 Act 55 provision also defines ‘cider’ to mean any alcohol beverage that is obtained from the fermentation of the juice of apples or pears and that contains not less than 0.5 percent alcohol by volume and not more than 7.0 percent alcohol by volume. “Cider” includes flavored, sparkling, and carbonated cider. ** Temporary Class “B” Fermented Malt and Temporary “Class B” Wine – these licenses are issued throughout the year to lodges, societies, bona fide clubs, chambers, non-profit, etc. Table 2: Combination of Licenses License Combinations Type of Beverage(s) Consumption Location “Class A” and Class “A” Intoxicating Liquor and Fermented Malt Off-site Class “A” and “Class A” Liquor: Cider Only Fermented Malt and Cider Off-site “Class B” and Class “B” Intoxicating Liquor and Fermented Malt On-site Class “B” and “Class C” Wine Fermented Malt and Wine On-site Reserve “Class B” and Class “B” Intoxicating Liquor and Fermented Malt On-site Temporary Class “B” and Temporary “Class B” Fermented Malt and Wine On-site Table 3: License fees (maximum amount allowable by State Statute is being charged) Type of License License Fee “Class A” Intoxicating Liquor $500.00 Class “A” Fermented Malt $100.00 “Class A” Liquor: Cider Only No fee. Page 32 of 295 “Class B” Intoxicating Liquor $500.00 Class “B” Fermented Malt $100.00 “Class C” Wine Only $100.00 Reserve “Class B” Intoxicating Liquor $10,000 (one-time) Temporary Class “B” Fermented Malt $10.00 Temporary “Class B” Wine $10.00 A combination Class A license (intoxicating liquor and fermented malt) would total $600.00. A combination Class B license (intoxicating liquor and fermented malt) would total $600.00. Table 4: Existing Quotas (03/19/2026) License Quota Licenses Issued Licenses Available “Class A” Intoxicating Liquor 16 - 1 per 750 residents 16 0 Class “A” Fermented Malt 17 - 1 per 750 residents 17 0 “Class B” Intoxicating Liquor 25 - 1 per 500 residents 25 0 RESERVE “Class B” Intoxicating Liquor 5 - $10,000 one-time fee 4 1 DISCUSSION Rock River Heritage, Inc dba Fort Atkinson Club Community Center located at 211 S Water Street East has applied for a RESERVE "Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverage license. A Reserve license above the quote exists as the City Council approved the purchase of the license from the Town of Ixonia in 2024. A reserve license carries a one- time license fee of $10,000. The annual renewal of a "Class B" Intoxicating Liquor and Class "B" Fermented Malt beverage license is $600.00. The premise description provides that alcohol will be consumed in all areas of the building and patio. Records will be stored in the Main Floor office; alcohol will be stored in the Main Floor Kitchen. Three additional layouts of the facility are included in the packet. Staff requested the Fort Atkinson Club provide a business plan or model highlighting how an alcohol license could benefit the operations of the Club. A Reserve License remains as a reserve license. Should any Reserve license be surrendered or returned to the City, the license will remain as a Reserve and be eligible to be reissued at the $10,000 one-time license fee. The License Committee reviewed the application and recommended approval by the City Council at their August 4, 2026 meeting. Page 33 of 295 FINANCIAL ANALYSIS Alcohol license fees for the submitted application will be pro-rated from the month of issuance to expiration. Such Class B license from September to June is $500.00. The Reserve license fee is a one-time expense of $10,000. Publication fee for new applications is $100.00. RECOMMENDATION Staff recommends the City Council approve the Alcohol Beverage License Application for a RESERVE "Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverage License for Rock River Heritage, Inc dba Fort Atkinson Club Community Center, for use at 211 S. Water Street East, contingent upon payment of licensing fees and having licensed operators. ATTACHMENTS 1. Rock River Heritage - Fort Atkinson Club Community Center Alc Lic App_Redacted 2. FAC Liquor License Business Plan Page 34 of 295 Page 35 of 295 Page 36 of 295 Page 37 of 295 Page 38 of 295 Page 39 of 295 F � � � � � ------ ------ -- ------ ------- ----- -- - - - - --------- ---- 1\ D D l STORAGE 207C ,/\ __ �n lvC I b ii? '; co N P'I N I STORAGE ,J I' 207□ I 47"-6" - '=, LJ THEATER 51'-6" - rr- - 1 STORAGE 207E I � EXIST. STAGE � ' ' L ________________ ..J LOUNGE 208 206 206A CLOSET _J L CLOSET STYLER2� v= / � FiFI· TAf � 2 4 l [gJ - 0RESTROOM HALL V 203 202 � c 7 r, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I STAIR l F 201 r-.ro-.----.-� I It I I I I! I I I I I I I I I I I I I I I I I I I I I I I I l Vt_� 210 kg'- � �IE ST ROOM 209 �A r ELEVATOR LOBBY 205 ELEVATOR SHAFT FLEX- SPACE 201A Page 40 of 295 Page 41 of 295 Page 42 of 295 Business Plan Rock River Heritage, Inc., d/b/a the Fort Atkinson Club Community Center 211 S. Water St. E. • Fort Atkinson, WI 53538 • July 2026 Executive Summary Rock River Heritage, Inc. is a 501(c)(3) d/b/a Fort Atkinson Club Community Center (the FAC), a multi-purpose community center housed in a renovated historic building on the Rock River in downtown Fort Atkinson, Wis. The FAC respectfully submits this business plan in support of its application for a “Class B” intoxicating liquor and fermented malt beverages license. We seek to provide beverage service, in the manner of an in-house caterer, at two defined categories of events: a subset of our own public programs, principally patio concerts, chamber concerts, our gala, and art exhibition openings; and the private rental events, such as weddings, celebrations of life, showers, and milestone birthdays, that our community already hosts in our building. Alcohol will be sold and served exclusively by trained FAC staff who have completed the Wisconsin Responsible Beverage Server course and who hold, or are in the process of obtaining, operator licenses issued by the City of Fort Atkinson. The mission of the FAC is to keep the Fort Atkinson area vibrant, inclusive, and welcoming with cultural and learning experiences open to everyone who calls this place home. Every dollar of net proceeds from beverage service will be reinvested in free and low-cost community programming such as free community meals, art classes, FACTalks, social dances, concerts and other community programs. Organization and History The FAC has operated continuously since 2013, when the historic building it occupies was renovated and reopened as an independent, multi-purpose, nonprofit center serving the residents, neighbors, and visitors of Fort Atkinson, Wis. The building itself is a downtown hub along the Rock River, and our vision for it is deliberately broad: a place where people of all ages and backgrounds come together through education, arts, Page 43 of 295 wellness, business, community events, and other activities, while celebrating the history, culture, and heritage of the area. We are dedicated to fostering an environment of diversity, equity, and inclusion, and we work intentionally to ensure that everyone who walks through our doors feels welcomed, respected, and valued. Programming: A Two-Part Model The FAC operates on a two-part model, and the two parts sustain one another. The first part is our own programming, and its breadth is documented in our 2026 calendar: well over one hundred community programs this year, nearly all of them free. These include monthly free community meals; monthly First Friday social dances with free ballroom instruction; monthly kids’ nights and family programs; weekly MahJongg lessons and open game times; our FACTalk and FACTaste educational series on topics ranging from wellness and menopause to prairie restoration and substance misuse prevention, the latter presented with the Jefferson County Drug Free Coalition; art classes, including a recurring series taught with UW- Whitewater students; art exhibitions and openings; a playwriting group for teens and adults with disabilities; chamber concerts, patio concerts, and open mic nights; and free meeting space for community groups, including weekly Narcotics Anonymous meetings and a point-in-time dinner for neighbors experiencing homelessness, hosted with the Community Action Coalition for South Central Wisconsin. All of these programs are free or low cost by design, because access and inclusion is central to our mission, vision and values. The second part is facility rental. We rent our spaces for weddings, baby showers, birthdays, funerals and celebrations of life, and other private gatherings. Rental income is a vitally important revenue stream: it is what allows the first part of the model, the free and low-cost programming, to exist. The scale of this activity is documented in our booking records. The 2026 calendar to date includes approximately forty-five private rental events, among them weddings, bridal and baby showers, graduation parties, retirement parties, celebrations of life, class reunions, nonprofit meetings, and holiday parties, with attendance ranging from ten to one hundred fifty guests and rental revenue of approximately twenty-seven thousand five hundred dollars. Of these, thirteen events, including four weddings, a retirement party, a fiftieth class reunion, and our own annual October gala, already have requested alcohol. We expect to book additional events this year and expect requests for alcohol at events to increase substantially when a full liquor license is obtained. A detailed event calendar is available to the Committee upon request. Plan for Alcohol Service Under the requested license, alcohol service at the FAC will function in the manner of a catering operation rather than a bar. There will be no standing barroom, no regular drinking hours, and no service outside of scheduled events. Specifically, beverage service will occur in two settings. Page 44 of 295 First, at selected FAC-produced events, principally concerts and art exhibition openings, guests of legal drinking age will be able to purchase beer, wine, and mixed drinks from a staffed service station for consumption on the premises during the event. This is not untested ground. A number of our own programs, including our gala and our Americana event have included alcohol service and sales, conducted under caterer’s licenses or temporary licenses obtained event by event through the City. The FAC has managed that service without incident. The annual license we now request would replace this piecemeal, event-by- event process with a single license held to consistent, year-round standards, which we regard as an improvement in oversight for the City as much as an improvement for the FAC. Second, at private rental events, the FAC will provide beverage service directly, ordering, selling, and serving all alcohol through its own trained staff. Renters and their guests will not be permitted to bring in or self-serve alcohol; the FAC will be the sole provider on the premises. This arrangement gives the FAC, and by extension the City, complete control over who serves, who is served, and how. Service will be confined to the licensed premises as described in the submitted application. Hours of service will match the hours of the events themselves, ending no later than the close of each event, and will in all cases remain within the hours permitted for “Class B” premises under Wisconsin law and City of Fort Atkinson ordinance. Responsible Beverage Service We recognize that a liquor license is a public trust, and we have built our service plan around five safeguards. The first safeguard is trained, licensed staff. All alcohol will be served by a team of five FAC staff members; no volunteers and no renters will serve. Each of the five has completed the online Wisconsin Responsible Beverage Server training course, and each holds or is obtaining an operator (bartender) license through the City of Fort Atkinson. A licensed operator will be on the premises and on duty at all times that the FAC is open to the public. The second safeguard is rigorous age verification. Staff will check government-issued photo identification for any patron who appears under the age of forty, and events attended by families and children, of which we host many, will use wristbands or hand stamps to mark guests whose identification has been verified. Because so much of our programming is intergenerational, we treat the presence of minors not as an exception but as the default condition of our events, and our procedures reflect that. The third safeguard is controlled service. Alcohol will be dispensed only from designated, staffed service stations; there will be no self-service, no unattended coolers, and no carry-in alcohol at any event. Staff will refuse service to any patron who is intoxicated or who cannot produce identification, and staff have both the authority and the obligation to do so. Water and non- Page 45 of 295 alcoholic options will be available at every event where alcohol is served. Between events, all alcohol will be secured in a dedicated, locked storage room on the upper level, with access limited to licensed staff and inventory tracked through written logs. The fourth safeguard is accountability. The Executive Director, as the corporation’s appointed agent, is responsible for compliance and will maintain an incident log recording any refusal of service, any removal of a patron, and any other alcohol-related incident, to be reviewed with the board. The FAC will carry liquor liability insurance in addition to its existing general liability coverage. The fifth safeguard is a written policy. The board of directors will adopt a written alcohol service policy incorporating the practices above, and every serving staff member will review and sign it before serving. The policy will be reviewed annually and revised as experience and the City’s guidance require. Alcohol Service and Youth Programming The FAC anticipates, and welcomes, the question of how a liquor license coexists with programming built substantially around children and families: our kids’ nights, our art classes, our kids’ concerts, our free community meals. The FAC will not operate a bar. Alcohol will exist on our premises in only two states: locked in a dedicated storage room, or in the hands of a licensed operator during a scheduled event. There are no standing drinking hours, no taps, and no open barroom for a child to pass on the way to an art class. Every program designed for children and youth is, and will remain, entirely dry; no alcohol will be served, sold, removed from locked storage or given away at any of them. Wisconsin law anticipates precisely this arrangement. Under section 125.07(3)(a) of the statutes, underage persons may be present on licensed premises during times when no alcohol is being consumed, sold, or given away, provided that the alcohol is stored in a locked portion of the premises and that the licensee provides advance notice to local law enforcement. Our locked storage room is designed to satisfy that condition, and we will establish the required notification procedure with the Fort Atkinson Police Department before service begins. At events where alcohol is served and families are present, such as patio concerts and community celebrations, the statute’s framework for minors accompanied by a parent or guardian applies, and our own safeguards, the wristbands, staffed service stations, and licensed operators described above, go further than the law requires. Indeed, we would ask the Committee to consider that the license improves on the current arrangement. Today, alcohol enters our building event by event, under temporary licenses and renters’ one-time arrangements. An annual license places a single accountable licensee, one trained staff of four, a written board policy, and a locked inventory between alcohol and every Page 46 of 295 child who walks through our doors. Understood in this way, the license is a measure of child protection as much as a source of revenue. Management, Governance, and the Appointed Agent The FAC is led by Executive Director Megwyn Sanders-Andrews, who manages daily operations, staff, and programming, and who reports to the volunteer board of directors of Rock River Heritage, Inc. The board provides financial oversight, sets policy, and reviews the organization’s performance against its mission. A current list of the board of directors is included with the submitted license application. In accordance with Wisconsin law governing corporate licensees, the corporation designates its Executive Director as its agent for purposes of this license (Form AB-101, Alcohol Beverage Appointment of Agent). The agent has completed responsible beverage server training, meets the residency requirements for appointment, and will exercise full authority over the licensed premises and the conduct of beverage service there. Financial Plan The FAC’s current annual operating budget is approximately two hundred fifty-eight thousand dollars, funded through facility rentals, program fees, donations, sponsorships, and grants. Beverage service is projected to become a meaningful supplemental revenue stream within that budget, not a replacement for it. The projections below are grounded in our actual 2026 booking records and incorporate two growth assumptions drawn from our experience in the rental market. The first is that a license will increase rental bookings by up to thirty percent, because couples and families planning weddings and celebrations routinely choose venues that can provide bar service, and the FAC currently loses those bookings to venues that can. The second is that the number of events including alcohol will grow by roughly half once renters no longer need to make separate arrangements. Per-event proceeds assume an average of seventy guests, two to three drinks per drinking-age guest at typical prices, and cost of goods near thirty percent of sales. Assumption / Result Conservative Moderate Rental events per year (45 on the 2026 calendar; projected growth of up to 30% with a license) 50 58 Rental events with alcohol service per year (13 in 2026; projected growth of 50%) 18 20 FAC-produced events with alcohol sales per year (patio concerts, art openings, annual gala) 8 12 Average net proceeds per event (sales less cost of goods and service labor) $450 $700 Page 47 of 295 Net proceeds from alcohol service $11,700 $22,400 Additional rental revenue from increased bookings (avg. rental fee approx. $600) $3,000 $7,800 Total projected annual improvement $14,700 $30,200 Improvement as a share of the current $258,000 operating budget approx. 6% approx. 12% Figures are first-year planning estimates based on the FAC’s existing event calendar and will be updated annually. Start-up costs (license fees, initial inventory, glassware, point-of-sale equipment, and insurance) are estimated at $5,000 to $8,000 and will be funded from existing reserves. Accordingly, even under the conservative scenario, beverage service strengthens the FAC’s financial position; under the moderate scenario, it materially expands what we can offer. Because we are a nonprofit, the destination of these proceeds is fixed by our purpose: more free concerts, more free community meals, more art classes, more kids’ nights. The revenue does not leave the community; it returns to it. Community Benefit and Conclusion To return to where this plan began: the FAC is not proposing to open a bar. We are proposing to complete our model as a community gathering place. The families who rent our spaces for weddings and celebrations of life currently must look elsewhere for beverage service; our concert audiences ask, reasonably, why they cannot buy a glass of wine on the patio on a summer evening. Granting this license allows the FAC to answer those requests responsibly, with trained staff, written policy, and board oversight, while directing every dollar of net proceeds back into free and low-cost programming for the people of Fort Atkinson. We thank the Council and the License Committee for their consideration, and we welcome any questions about this plan. Megwyn Sanders-Andrews Executive Director, Fort Atkinson Club Community Center Appointed Agent, Rock River Heritage, Inc. Page 48 of 295 A PROCLAMATION RECOGNIZING JEFF ARMSTRONG ON THE OCCASION OF HIS RETIRMENT AND PROCLAIMING AUGUST 18, 2026, AS “JEFF ARMSTRONG DAY” WHEREAS, the City of Fort Atkinson would like to recognize Jeff Armstrong for his 23 years of service to the City of Fort Atkinson between the Fort Atkinson Fire Department, as City Electrician and most recently as the Water Utility Superintendent; and WHEREAS, Jeff started his career with the City as a paid-on-call firefighter for 23 years; and, WHEREAS, for 11 years Jeff served as the City Electrician; and WHEREAS, Jeff stepped up as the Water Utility Superintendent and has served in that position for nearly four years; and WHEREAS, has helped to oversee the lead service line replacement process; and WHEREAS, the City of Fort Atkinson values the experience and dedication of Jeff during his time with the Fort Atkinson Water Utility; and WHEREAS, while working for the City Jeff has brought experience and skill to his position; and NOW, THEREFORE, I, Kyle Jaeckel, City Council President of the City of Fort Atkinson, and my counsel colleagues, do here by recognize Jeff Armstrong on his retirement from the City of Fort Atkinson after 23 years of distinguished service, and proclaim August 18, 2026, as “Jeff Armstrong Day” in the City of Fort Atkinson. Proclaimed this 18th day of August 2026. CITY OF FORT ATKINSON ____________________________________ Kyle Jaeckel, Council President ATTEST: Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 49 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: August 18, 2026 TO: Fort Atkinson City Council FROM: Adrian Bump, Police Chief RE: First 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) 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 addition 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. DISCUSSION 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. Page 50 of 295 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 review and approve this Ordinance 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 near special locations focused on youth education and development as drafted. ATTACHMENTS 1. Sec._58_148.___Sale_of_tobacco_and_possession_of_tobacco_and_electronic_cigarettes_b y_minors 2. Ord. No. Section 58-148 - Tobacco and Youth Locations DRAFT REDLINE Page 51 of 295 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 52 of 295 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 53 of 295 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 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). Page 54 of 295 (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 2118 any tobacco, nicotine product, electronic smoking device, or electronic smoking device paraphernalia at any time. (2) No person under 2118 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 2118 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 2118 years of age is present or permitted to enter unless the person who is younger than 2118 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 2118 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 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 2118 is unlawful under this section. Formatted: Indent: Left: 0", First line: 0" Page 55 of 295 (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 2118 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, City Park, 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 2118 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 2118 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 2118, 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 2118. (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 56 of 295 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 57 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: August 18, 2026 TO: Fort Atkinson City Council FROM: Ben Dayton, Director of Parks and Recreation RE: First 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 58 of 295 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 recommend the Council hold the first reading of the Ordinance and direct the City Manager to prepare the ordinance for a second reading at the meeting on September 1, 2026. ATTACHMENTS 1. Chapter_62___PARKS_AND_RECREATION 2. Ord No Parks and Recreation Section 62 DRAFT REDLINE Page 59 of 295 - 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 60 of 295 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 61 of 295 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 62 of 295 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 63 of 295 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 64 of 295 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 65 of 295 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 66 of 295 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 67 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: August 18, 2026 TO: Fort Atkinson City Council FROM: Dan Hefty Police Captain RE: Second 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) BACKGROUND Electronic transportation has been increasing in the US, and Fort Atkinson is no exception. With increased modes of transportation come more opportunities for traffic crashes involving people operating Off-Highway Motorcycles (OHM), commonly referred to as E-Motos. According to data from the Wisconsin Department of Transportation analyzed by the Dane County Traffic Safety Commission, from 2022 to 2025 in Wisconsin, the number of reported crashes involving an e-bike and a motor vehicle increased by 194%. The number of injuries involving an e-bike and a motor vehicle has increased by 171%. The number of crashes involving an e-scooter and a motor vehicle has increased by 260%, and the number of injuries involving an e-scooter and a motor vehicle has increased by 240%. Fort Atkinson recently experienced a fatality involving a juvenile operating an OHM. It is the intent of this ordinance to clearly identify the definition of an OHM and articulate the differences between an OHM and an E-Bike to the public. Many parents do not know the difference between OHMs and E-Bikes and do not know what they purchased for their child may not be legal to ride in public places. Although Wisconsin law already prohibits the operation of OHMs on public roadways, adopting a local ordinance would improve public education and allow officers to address violations through municipal citations rather than state traffic charges. The proposed ordinance is a necessary step to address the surge in OHM and E-Moto usage in Fort Atkinson. By clearly defining OHMs, distinguishing them from legal E-bikes, and providing a tool for municipal citations, this ordinance will protect the community and empower local law enforcement to curb dangerous, unregulated riding. The Council held the first reading of the ordinance at a meeting on August 4, 2026. Page 68 of 295 DISCUSSION OHMs are defined by WI State Statutes as: Off-Highway Motorcycle (OHM) “Off-highway motorcycle” means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway. “Off-highway motorcycle” does not include an electric bicycle, as defined under s. 340.01 (15ph). The biggest difference between an OHM and an E-Bike is the speed in which an OHM can achieve. OHMs also do not have functioning pedals for the operator to assist in its propulsion. E-Bikes have 3 classes. Classes 1 and 2 stop assisting once the bike reaches 20 MPH. Class 3 assists until the bike reaches 28 MPH. You also have to be 16 years of age or older to operate a class 3 e-bike. Many OHMs can operate well above 50 MPH with no rider assistance. They are completely powered by electric motors, making them much more dangerous for the operator and operators of vehicles in the area. Fort Atkinson is not immune to tragedies caused by the operation of OHMs. So far in 2026, the Department has seen several injury accidents involving youth on e-moto/OHM motorcycles, including a fatal accident of a Fort Atkinson youth just outside the City limits. 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. Sections 94-245 through 94-275 in the City's Municipal Code are currently reserved (unused). The Ordinance Committee met on July 21st and recommended that the City Council review and adopt the ordinance as proposed. 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 Staff recommends the council perform the second reading and direct the City Manager to prepare the Ordinance for a Third/Final reading at the meeting on September 1, 2026. ATTACHMENTS 1. ARTICLE_VI.___BICYCLES_AND_PLAY_VEHICLES 2. Ord. No. Prohibition of Off Highway Motorcycles REDLINE DRAFT 3. Ord. No. Prohibition of Off Highway Motorcycles DRAFT FINAL Page 69 of 295 - REVISED CODE OF ORDINANCES Chapter 94 - TRAFFIC AND VEHICLES ARTICLE VI. BICYCLES AND PLAY VEHICLES Fort Atkinson, Wisconsin, Code of Ordinances Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 1 of 7 ARTICLE VI. BICYCLES AND PLAY VEHICLES1 DIVISION 1. GENERALLY Secs. 94-181—94-200. Reserved. DIVISION 2. BICYCLES, e-BIKES AND e-SCOOTERS2 Sec. 94-201. 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: (1) Curb means the lateral boundaries of that portion of a street designed for the use of vehicles, whether marked by a curb or not. (2) Registration sticker means a sticker indicating that a bicycle, e-bike or e-scooter is registered. (3) e-Scooter means a device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor. "Electric scooter" does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped. (4) e-Bike means a bicycle with a motor attached. It must have pedals that are operational, an electric motor that is less than 750w and have a maximum speed of 20 mph on level ground. (Ord. No. 785, 10-15-19) Cross reference(s)—Definitions generally, § 1-2. Sec. 94-202. Reserved. Sec. 94-203. Registration required. (a) No person shall ride or propel a bicycle, e-bike or e-scooter on any street or upon any public path set aside for the exclusive use of bicycles, e-bikes or e-scooters unless such unit has been registered and a sticker is attached thereto. 1State law reference(s)—Bicycles and play vehicles generally, Wis. Stats. § 346.77 et seq. 2Editor's note(s)—Ord. No. 785, adopted Oct. 15, 2019, repealed the former Div. 2, §§ 94- 201—94-219, and enacted a new Div. 2 as set out herein. The former Div. 2 was entitled "Bicycles," and derived from Code 1969, §§ 18.07(1)—(20). Page 70 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 2 of 7 (b) At the time of the issuance of any such registration sticker, the applicant shall pay a registration fee. Registration stickers issued in accordance with this section shall be attached to the bicycles, e -bikes or e- scooters immediately after issuance. (c) This section shall apply to all persons who operate bicycles, e-bikes or e-scooters upon the streets sidewalks or paths of the city habitually or frequently. (d) All bicycles, e-bikes and/or e-scooters must be registered within ten days of purchase. (Ord. No. 785, 10-15-19) Sec. 94-204. Application for bicycle, e-bike or e-scooter registration. Application for a bicycle, e-bike or e-scooter registration sticker shall be made upon a form provided by the police department. A registration fee specified in chapter 10 shall be paid to the city before registration is granted. (Ord. No. 785, 10-15-19) Sec. 94-205. Inspection of bicycle, e-bike or e-scooter. The police department or any officer assigned such responsibility may inspect each bicycle, e -bike or e- scooter before registering the same and shall refuse registration for any bicycle, e- bike or e-scooter he/she determines to be in unsafe mechanical condition. (Ord. No. 785, 10-15-19) Sec. 94-206. Issuance of license. (a) The police department or other designated authority, upon receiving proper application therefor, is authorized to issue a bicycle, e-bike or e-scooter registration, which shall be valid for the duration of ownership. (b) The police department shall not issue a registration for any bicycle, e-bike or e-scooter where reasonable grounds exist that the applicant is not the owner of or entitled to the possession of such bicycle, e -bike or e- scooter. (c) The police department shall keep a record of the number of each registration, the date issued, the name and address of the person to whom issued, the number on the frame of the bicycle, e- bike or e-scooter for which issued, and a record of all registration fees collected by him/her. Registration forms and registration stickers shall be serially numbered to coincide with each other. (d) If a bicycle, e-bike or scooter does not have a serial number and if proof of ownership can be proven, the police department shall assign one to the bicycle, e-bike or e-scooter. (Ord. No. 785, 10-15-19) Sec. 94-207. Attachment of sticker. (a) The police department, upon issuing a bicycle, e-bike or e-scooter registration, shall also issue a registration sticker bearing the registration number assigned to the unit and the name of the city. (b) The registration sticker shall be placed midway on the seat tube for bicycles and e -bikes and on the handlebar base for e-scooters in such a manner to be visible. Page 71 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 3 of 7 (c) No person shall remove a registration sticker from a bicycle, e-bike or e-scooter except upon a transfer of ownership or if the bicycle, e-bike or e-scooter is dismantled and no longer operated upon any street in the city. (Ord. No. 785, 10-15-19) Sec. 94-208. Lost registration sticker. If an owner shall lose his/her registration sticker or it should be destroyed or stolen, he/she shall report same immediately to the police department, which shall then issue to such owner a new registration sticker at a cost to such owner as provided in chapter 110. (Ord. No. 785, 10-15-19) Sec. 94-209. Alteration of registration sticker. It shall be unlawful for any person to alter or counterfeit any registration sticker issued in conformity with this division. (Ord. No. 785, 10-15-19) Sec. 94-210. Transfer of ownership. Within ten days after any registered bicycle, e-bike or e-scooter has changed ownership or been dismantled and taken out of service or operation, the person in whose name the unit has been registered shall report such information to the police department. In case of change of ownership, the registration shall thereupon be changed to show the name of the new owner; in case of dismantling and taking out of service of operation, the registration shall be canceled. (Ord. No. 785, 10-15-19) Sec. 94-211. Nonresident. Any nonresident may operate a bicycle, e-bike or e-scooter that is duly registered in any municipality, and equipped with valid registration plates, without obtaining a local registration, provided that such other municipality wherein the bicycle, e-bike or e-scooter is registered extends the same privilege. (Ord. No. 785, 10-15-19) Sec. 94-212. Unclaimed or unidentified bicycles, e-bikes or e-scooters. All abandoned or unidentified bicycles, e-bikes or e-scooters remaining with the police department shall, after 30 days, be sold at public sale or donated to a charitable organization. (Ord. No. 785, 10-15-19) Page 72 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 4 of 7 Sec. 94-213. Riding on sidewalks. (a) It shall be unlawful for any person to operate a bicycle, e-bike or e-scooter upon a sidewalk within the downtown business district of the city. This section shall not prohibit a person from dismounting and walking a bicycle, e-bike or e-scooter upon the sidewalk. (b) Riders exercising due care may drive and operate their bicycles, e-bikes or e-scooters upon the sidewalk, other than in the downtown business district, when such riding does not jeopardize the safety of the pedestrians on the sidewalk. (c) It shall be unlawful for any person driving a bicycle, e-bike or e-scooter on the sidewalk to attempt to pass another person going in the same direction on the sidewalk without giving a warning and until it becomes evident that the person so warned is aware of the approach of such person driving the bicycle, e -bike or e- scooter. Pedestrians shall at all times have the right-of-way upon the sidewalks; and if necessary, the person driving such bicycle, e-bike or e-scooter shall dismount and vacate the sidewalk to prevent a collision; and any such person driving a bicycle, e-bike or e-scooter upon the sidewalk must have the bicycle, e-bike or e- scooter under control at all times. (Ord. No. 785, 10-15-19) Sec. 94-214. Riding on paved recreational paths. (a) Riders exercising due care may drive and operate their bicycles, e-bikes or e-scooters upon the paved recreational paths within the city when such riding does not jeopardize the safety of the pedestrians or other riders traveling on the path. (b) It shall be unlawful for any person driving a bicycle, e-bike or e-scooter on the bike paths to attempt to pass another person going in the same direction on the path without giving a warning and until it becomes evident that the person so warned is aware of the approach of such person driving the bicycle, e-bike or e- scooter. Pedestrians shall at all times have the right-of-way upon paved multi-use recreational paths; and if necessary, the person driving such bicycle, e-bike or e-scooter shall dismount and vacate the recreational path to prevent a collision; and any such person driving a bicycle, e -bike or e-scooter upon the recreational path must have the bicycle, e-bike or e-scooter under control at all times. (Ord. No. 785, 10-15-19) Sec. 94-215. Improper riding, trick riding, racing. (a) No person driving a bicycle, e-bike or e-scooter upon a public highway, recreational path, sidewalk or street shall participate in any race, speed or endurance contest. (b) No person riding or operating a bicycle, e-bike or e-scooter shall perform or attempt to perform any acrobatic, fancy or stunt riding upon any public highway, recreational path, sidewalk or street. (Ord. No. 785, 10-15-19) Sec. 94-216. Parking. (a) No person shall park any bicycle, e-bike or e-scooter against windows or on the main traveled portion of a sidewalk, nor in such manner as to constitute a hazard to pedestrians, traffic or property. Page 73 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 5 of 7 (b) If there is no bicycle rack or other facilities intended to be used for the parking of bicycles, e -bikes or e- scooters in the vicinity, bicycles, e-bikes and/or e-scooters may be parked on the sidewalk in an upright position parallel to and within 24 inches of the curb. (Ord. No. 785, 10-15-19) Sec. 94-217. Effects of regulations. (a) It is unlawful for any person to perform any act forbidden or fail to perform any act required in this division. (b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this division. (c) The regulations applicable to bicycles, e-bikes and e-scooters shall apply whenever a bicycle, e-bike or e- scooter is operated upon any highway, street, sidewalk or any path set aside for the use of bicycles, e -bikes and/or scooters subject to those exceptions stated in this division. (Ord. No. 785, 10-15-19) Sec. 94-218. Penalties. Every person 16 and over convicted of a violation of any provision of this division shall forfeit not less than $10.00 or more than $50.00. (Ord. No. 785, 10-15-19) Sec. 94-219. Disposal of offenders according to age. Any offender under the age of 16 years disregarding the rules and regulations governing the operation of bicycles, e-bikes or e-scooters not in conflict with the state laws shall be dealt with in accordance with the bicycle, e-bike and e-scooter court provisions. (Ord. No. 785, 10-15-19) Sec. 94-220. Bicycle, e-bike and e-scooter court provisions. The penalty for violating any of the rules and conditions set forth in this division shall be as follows: (1) First violation within one-year period: Written warning and notice to parents of violator. (2) Second violation within one-year period: Conference with parents, child and police department representative. (3) Third violation within one-year period: Municipal court citation with mandatory appearance to court. (Ord. No. 785, 10-15-19) Secs. 94-221—94-240. Reserved. DIVISION 3. SKATEBOARDS, IN-LINE SKATES AND PLAY VEHICLES Page 74 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 6 of 7 Sec. 94-241. 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: In-line skates and play vehicles, shall be as defined in Wis. Stats. §§ 340.01(24m), (43m), which are adopted by reference in this section as if fully set forth. Skateboard means a device consisting of a board with attached wheels designed to be ridden by a person, as defined in Wis. Stats. § 340.01(43m). (Code 1969, § 18.10(A)(1)) Cross reference(s)—Definitions generally, § 1-2. Sec. 94-242. Regulations. (a) No person shall operate or ride upon in-line skates, a play vehicle or a skateboard within the city in any of the following locations: (1) In or on any municipal parking lot and/or the ramp areas leading into such parking lot. (2) In or upon any public property where the owner or person in charge of such property has posted signs at the entrance thereto that operation of such is prohibited. (3) In or upon any alley highway, roadway or street, except while crossing such area at a crosswalk as defined in Wis. Stats. § 340.01(10), or when no sidewalk or path is present. (4) On any private property, parking lot, pedestrian way or other premises without the express written permission of a person in authority at such place, or where the owner or person in charge of such property has posted signs at the entrance thereto that operation of such is prohibited. (b) No parent of any child or the guardian of any ward shall authorize or knowingly permit any child or ward to violate any of the provisions of this division regulating the operation of such devices. (Code 1969, § 18.10(C); Ord. No. 606, 7-17-03; Ord. No. 748, 3-15-16) Sec. 94-243. Penalties. (a) Persons under the age of 14. (1) First violation of this division. A warning will be issued to the child, and notice of the violation will be sent to a parent or guardian of the child. (2) Second violation of this division. A warning will be issued to the child, and the parent or guardian of the child may be charged as specified under subsection 94-242(b). (3) Third and subsequent violations of this division. Referral will be made following procedures under Wis. Stats. § 48.125 for a child alleged to have violated an ordinance. (b) Persons ages 14 to 18. (1) First violation of this division. A warning will be issued to the child and notice of the violation will be sent to a parent or guardian of the child. (2) Second violation of this division. A citation will be issued to the child, and notice of the citation will be sent to the parent or guardian of the child. Page 75 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 7 of 7 Any person over the age of 14 convicted of a violation of any provision of this division shall forfeit not less than $10.00 nor more than $25.00, together with applicable costs and assessments. (c) Adult persons. Any person over the age of 18 convicted of a violation of any provision of this division shall forfeit not less than $10.00 nor more than $50.00, together with applicable costs and assessments. (Code 1969, § 18.10(D)) Sec. 94-244. Prohibitions on River Walkway. (a) Prohibitions on River Walkway shall be as follows: (1) It shall be unlawful to drive, ride or use bicycles (bicycles may be walked), skates, skateboards, roller blades and motorized or nonmotorized vehicles on the tracks or trails on the River Walkway. An exception to this will be granted for the use of motorized and nonmotorized vehicles by city personnel while performing their job duties, and motorized wheelchairs, handicapped scooters and strollers. (2) No person shall block any portion of the riverwalk, either personally or with any boxes, personal belongings or other materials. (3) The River Walkway shall be for the use of persons on foot or in a wheelchair. (4) No person shall scale, gut, eviscerate, clean or engage in any other process of or partial process of cleaning fish at, on or upon any portion of the River Walkway. (5) No person shall leave any fish carcasses on any portion of the River Walkway. (6) No person shall have an open fire on any portion of the River Walkway. (7) There shall be no overnight camping allowed on any portion of the River Walkway. (8) No person shall, while on any portion of the River Walkway, take any action which unreasonably endangers the safety of the public. (9) No fishing shall take place on any portion of the River Walkway that is prohibited by appropriate signage, notably on the narrowest portions along the River Walkway where railing exists, with the exception of cantilevers. (10) Any person violating this section while signs are in place prohibiting such use of the River Walkway shall be punished in accordance with section 94-243 of this Code. (b) The River Walkway, for the purpose of this section, shall be described as the public easement that lies along the south side of the Rock River starting from the Robert Street Bridge east to the end of the paved portion of said walkway. It also includes the public lands owned by the city on the western portion of the River Walkway. (Ord. No. 598, 1-7-03; Ord. No. 678, 9-1-09) Secs. 94-245—94-275. Reserved. Page 76 of 295 DRAFT ORDINANCE NO. ____ AN ORDINANCE TO CREATE SECTIONS 94-245 THROUGH 94-248 OF CHAPTER 94 OF THE CITY OF FORT ATKINSON CODE OF GENERAL ORDINANCES RELATING TO OFF HIGHWAY MOTORCYCLES (OHM) NOW THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, does hereby ordain as follows: Section 1. Creates Section 94-245 through 94-248 of the City of Fort Atkinson Municipal Code to read as follows: "ARTICLE VI. – BICYCLES AND PLAY VEHICLES. DIVISION 4. – OFF-HIGHWAY MOTORCYLES Sec. 94-245. Definitions. The following words, terms, and phrases, when used in this ordinance shall have the meanings ascribed to them in this section: Off-HighwayMotorcycle (OHM) “Off-highway motorcycle” means a 2-wheeled motor vehicle, powered by an electric or combustion motor, that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway. “Off-highway motorcycle” does not include an electric bicycle, as defined under s. 340.01 (15ph). Sec 94-246 - Operating an Off Highway Motorcycle within City Limits. a) It is unlawful for any person to operate an Off-Highway Motorcycle on any public street, sidewalk, road, alley, trail, or other public property within the City of Fort Atkinson in violation of state law or this ordinance except in the followingcases: 1. During special off-highway vehicle events lawfully conducted pursuant to the authority granted by the City Council or Chief of Police. b) Parent Responsibility. No parent or legal guardian shall cause, permit, or knowingly allow a minor under the age of eighteen (18) years of age to operate an off-highway motorcycle on any public street, road, alley, trail, or other public property within the City of Fort Atkinson in violation of state law or this ordinance. c) Fleeing/Eluding. It is unlawful for any operator of an off-highway motorcycle to Page 77 of 295 DRAFT willfully fail to stop, or to willfully attempt to elude or evade, a peace officer after receiving a clear visual or audible signal directing the operator to stop. This subsection applies when the officer has reasonable articulable suspicion that the operator has violated any provision of state law or City ordinance of the City of Fort Atkinson. The signal must be given by a peace officer operating an official vehicle or wearing a clearly identifiable uniform. Prohibited conduct includes, without limitation: (1) increasing speed to avoid the officer; (2) extinguishing lights; (3) departing the roadway to avoid the stop; or (4) any other conduct demonstrating a willful intent to avoid the officer. d) Reckless Driving. A person who operates an off-highway motorcycle in the City of Fort Atkinson in such a manner as to indicate either a wanton or a willful disregard for the safety of person(s) or property is guilty of reckless driving. For purposes of this subsection, "willful or wanton disregard" means conduct that the operator knew, or reasonably should have known, created a substantial and unjustifiable risk of harm to persons or property. e) Careless Driving. A person who operates an off-highway motorcycle in the City of Fort Atkinson in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways, and all other attendant circumstances, is guilty of careless driving. Sec 94-247. – Penalties. a) Operating an OHM within City Limits. Any person found guilty of, or entering a plea of guilty or no contest to, a violation of this subsection shall be subject to a mandatory minimum fine of twenty-five dollars ($25.00) and maximum fine of fifty dollars ($50.00) plus applicable court costs. b) Parent Responsibility. Any person found guilty of, or entering a plea of guilty or no contest to, a violation of this subsection shall be subject to a mandatory minimum fine of fifty dollars ($50.00) and maximum of one hundred dollars ($100.00) plus applicable court costs. c) Fleeing/Eluding. Any person found guilty of, or entering a plea of guilty or no contest to, a violation of this subsection shall be subject to a mandatory minimum fine of one hundred fifty dollars ($150.00) and maximum of two hundred fifty dollars ($250.00) plus applicable court costs. d) Reckless Driving. Any person found guilty of, or entering a plea of guilty, or no contest to, a violation of this subsection shall be subject to a mandatory minimum fine of one hundred fifty ($150.00), and a maximum of two hundred fifty dollars ($250.00) plus any applicable court costs. e) Careless Driving. Any person found guilty of, or entering a plea of guilty, or no Page 78 of 295 DRAFT contest to, a violation of this subsection where such conduct did not result in bodily injury or damage to another person’s property shall be subject to a mandatory minimum fine of one hundred dollars ($100.00), and a maximum of one hundred fifty dollars ($150.00) plus any applicable court costs. Sec 94-248. - Impoundment. a) The Fort Atkinson Police Department is hereby authorized to impound any off-highway motorcycle in which the Fort Atkinson Police Department has probable cause to believe is being operated on the public streets, roads, trails, and alleys within the City of Fort Atkinson in violation of the provisions of state law or this ordinance. (1) Whenever an off-highway motorcycle is impounded, and the identity of the owner of the off-highway motorcycle is known, such owner or person shall be given notice either verbally or in writing of the fact of such impoundment, the reasons therefore, and the place to which the off-highway motorcycle has been impounded. (2) In the event an off-highway motorcycle is impounded pursuant to this subsection, the owner of such off-highway motorcycle shall be responsible for all impoundment and storage fees, as outlined by the Tow Agency utilized by the Fort Atkinson Police Department. (3) The Fort Atkinson Police Department is hereby empowered and authorized to adopt rules and regulations governing the procedure to be followed in the impounding of off-highway motorcycles pursuant to the provisions of this subsection. Secs. 94-2495 – 9-275. – Reserved.” Section 2. 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 Formatted: List Paragraph, Right: 0", Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.5", Tab stops: Not at 1.07" + 1.07" Page 79 of 295 ORDINANCE NO. ____ AN ORDINANCE TO CREATE SECTIONS 94-245 THROUGH 94-248 OF CHAPTER 94 OF THE CITY OF FORT ATKINSON CODE OF GENERAL ORDINANCES RELATING TO OFF HIGHWAY MOTORCYCLES (OHM) NOW THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, does hereby ordain as follows: Section 1. Creates Section 94-245 through 94-248 of the City of Fort Atkinson Municipal Code to read as follows: "ARTICLE VI. – BICYCLES AND PLAY VEHICLES. DIVISION 4. – OFF-HIGHWAY MOTORCYLES Sec. 94-245. Definitions. The following words, terms, and phrases, when used in this ordinance shall have the meanings ascribed to them in this section: Off-Highway Motorcycle (OHM) “Off-highway motorcycle” means a 2-wheeled motor vehicle, powered by an electric or combustion motor, that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway. “Off-highway motorcycle” does not include an electric bicycle, as defined under s. 340.01 (15ph). Sec 94-246 - Operating an Off Highway Motorcycle within City Limits. a) It is unlawful for any person to operate an Off-Highway Motorcycle on any public street, sidewalk, road, alley, trail, or other public property within the City of Fort Atkinson in violation of state law or this ordinance except in the following cases: 1. During special off-highway vehicle events lawfully conducted pursuant to the authority granted by the City Council or Chief of Police. b) Parent Responsibility. No parent or legal guardian shall cause, permit, or knowingly allow a minor under the age of eighteen (18) years of age to operate an off-highway motorcycle on any public street, road, alley, trail, or other public property within the City of Fort Atkinson in violation of state law or this ordinance. c) Fleeing/Eluding. It is unlawful for any operator of an off-highway motorcycle to Page 80 of 295 willfully fail to stop, or to willfully attempt to elude or evade, a peace officer after receiving a clear visual or audible signal directing the operator to stop. This subsection applies when the officer has reasonable articulable suspicion that the operator has violated any provision of state law or City ordinance of the City of Fort Atkinson. The signal must be given by a peace officer operating an official vehicle or wearing a clearly identifiable uniform. Prohibited conduct includes, without limitation: (1) increasing speed to avoid the officer; (2) extinguishing lights; (3) departing the roadway to avoid the stop; or (4) any other conduct demonstrating a willful intent to avoid the officer. d) Reckless Driving. A person who operates an off-highway motorcycle in the City of Fort Atkinson in such a manner as to indicate either a wanton or a willful disregard for the safety of person(s) or property is guilty of reckless driving. For purposes of this subsection, "willful or wanton disregard" means conduct that the operator knew, or reasonably should have known, created a substantial and unjustifiable risk of harm to persons or property. e) Careless Driving. A person who operates an off-highway motorcycle in the City of Fort Atkinson in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways, and all other attendant circumstances, is guilty of careless driving. Sec 94-247. – Penalties. a) Operating an OHM within City Limits. Any person found guilty of, or entering a plea of guilty or no contest to, a violation of this subsection shall be subject to a mandatory minimum fine of twenty-five dollars ($25.00) and maximum fine of fifty dollars ($50.00) plus applicable court costs. b) Parent Responsibility. Any person found guilty of, or entering a plea of guilty or no contest to, a violation of this subsection shall be subject to a mandatory minimum fine of fifty dollars ($50.00) and maximum of one hundred dollars ($100.00) plus applicable court costs. c) Fleeing/Eluding. Any person found guilty of, or entering a plea of guilty or no contest to, a violation of this subsection shall be subject to a mandatory minimum fine of one hundred fifty dollars ($150.00) and maximum of two hundred fifty dollars ($250.00) plus applicable court costs. d) Reckless Driving. Any person found guilty of, or entering a plea of guilty, or no contest to, a violation of this subsection shall be subject to a mandatory minimum fine of one hundred fifty ($150.00), and a maximum of two hundred fifty dollars ($250.00) plus any applicable court costs. e) Careless Driving. Any person found guilty of, or entering a plea of guilty, or no Page 81 of 295 contest to, a violation of this subsection where such conduct did not result in bodily injury or damage to another person’s property shall be subject to a mandatory minimum fine of one hundred dollars ($100.00), and a maximum of one hundred fifty dollars ($150.00) plus any applicable court costs. Sec 94-248. - Impoundment. a) The Fort Atkinson Police Department is hereby authorized to impound any off-highway motorcycle in which the Fort Atkinson Police Department has probable cause to believe is being operated on the public streets, roads, trails, and alleys within the City of Fort Atkinson in violation of the provisions of state law or this ordinance. (1) Whenever an off-highway motorcycle is impounded, and the identity of the owner of the off-highway motorcycle is known, such owner or person shall be given notice either verbally or in writing of the fact of such impoundment, the reasons therefore, and the place to which the off-highway motorcycle has been impounded. (2) In the event an off-highway motorcycle is impounded pursuant to this subsection, the owner of such off-highway motorcycle shall be responsible for all impoundment and storage fees, as outlined by the Tow Agency utilized by the Fort Atkinson Police Department. (3) The Fort Atkinson Police Department is hereby empowered and authorized to adopt rules and regulations governing the procedure to be followed in the impounding of off-highway motorcycles pursuant to the provisions of this subsection. Secs. 94-249 – 9-275. – Reserved.” Section 2. 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 82 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: August 18, 2026 TO: Fort Atkinson City Council FROM: Adrian Bump, Police Chief RE: Second 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) BACKGROUND The purpose of this memo is to serve as background on the draft updates to the ordinance for Bicycles and Scooters. Drafted additions and updates are specific to e-Bikes. Since the last update to this ordinance in 2019, the State of Wisconsin has made additional law changes pertaining to e-Bikes. This update incorporates these updates and adopts additional safety language focused on improving roadway safety. There is also the addition of parental responsibility as e-Bikes continue to gain popularity with youth. The Council held the first reading of the ordinance at a meeting on August 4, 2026. DISCUSSION The current ordinance's definition of e-Bikes is out of compliance. The State of Wisconsin has updated the definition to include 3 specific classifications of legal electric bicycles for Wisconsin. Adjusting this definition under City Ordinance Sec. 94-201(4) to the correct definition as drafted is essential, so the ordinance is accurate and allows citizens to properly align with the correct requirements. In addition to the changes in the definition, a full review of this ordinance was conducted. The ordinance was compared to Wisconsin Statute language as well as common safety issues officers are now addressing with bicycles and e-Bikes in the community. Through that evaluation, additional sections are being proposed for inclusion with the current ordinance related to Improper riding under Sec. 94-215 as listed below: (c) No person riding a bicycle, e-scooter, or e-bike shall attach himself or herself or his or her bicycle, e-scooter, or e-bike to any vehicle upon a roadway or street. (d) Except as provided in Subsection e, no bicycle, e-scooter, or e-bike may be used to carry or transport more persons at one time than the number for which it is designed. (e) In addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child's seat or trailer designed for Page 83 of 295 attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer. (f) Every person riding a bicycle, e-scooter, or e-bike upon any street in the City shall obey all traffic signs and signals and shall stop at all stop signs. (g) No bicycle or e-bike shall be ridden faster than is reasonable and proper, and every bicycle shall be operated with reasonable regard for the safety of the operator and every person upon the streets of the City. (h) No person shall operate a bicycle, e-scooter, or e-bike upon any street of the City while under the influence of alcohol or drugs. (i) During hours of darkness, bicycles, e-bikes, motor-bicycles, and e-scooters must be equipped with a white front light visible from at least 500 feet. It must also have a red rear reflector visible from 50 to 500 feet when illuminated by headlights, or instead use a red rear light visible from 500 feet. (§347.489(1) Wisc. Stat.) (j) No person under the age of 16 years shall operate a Class 3 electric bicycle. (§346.806(4) Wisc. Stat.) Finally, adding a parental responsibility component is an important part of this ordinance update. Officers have addressed e-bike violations in which a child’s unsafe operation was directly connected to parental decisions, including permitting unsafe riding behavior or providing e-bikes that are not lawful for the child to operate under Wisconsin law. Because many e-bikes are capable of speeds and performance levels intended for experienced adult riders, inexperienced youth operators can create significant safety concerns on City streets. A parental responsibility provision would give officers an additional tool for education and enforcement, help parents better understand their obligations, and support the overall goal of making Fort Atkinson roadways safer for all users. Parental Responsibility Addition: Sec 94-221 Parental responsibility. Any parent or guardian of any child who authorizes or knowingly permits such child to violate any provisions of this chapter may be issued a citation and may be subject, upon conviction, to a fine of $10 plus costs for a first offense, and a fine of $50 plus costs for subsequent offenses within one year of the first offense. The Ordinance Committee reviewed these proposed changes at their meeting on July 21st and recommended the City Council review and enact the changes. 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 Staff recommends the council hold the second reading and direct the City Manager to prepare the Ordinance for a Third/Final reading at the meeting on September 1, 2026. Page 84 of 295 ATTACHMENTS 1. ARTICLE_VI.___BICYCLES_AND_PLAY_VEHICLES 2. Ord. No. Ch 94 E Bikes DRAFT 8.4.26 3. Ord. No. Ch 94 E Bikes DRAFT FINAL Page 85 of 295 - REVISED CODE OF ORDINANCES Chapter 94 - TRAFFIC AND VEHICLES ARTICLE VI. BICYCLES AND PLAY VEHICLES Fort Atkinson, Wisconsin, Code of Ordinances Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 1 of 7 ARTICLE VI. BICYCLES AND PLAY VEHICLES1 DIVISION 1. GENERALLY Secs. 94-181—94-200. Reserved. DIVISION 2. BICYCLES, e-BIKES AND e-SCOOTERS2 Sec. 94-201. 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: (1) Curb means the lateral boundaries of that portion of a street designed for the use of vehicles, whether marked by a curb or not. (2) Registration sticker means a sticker indicating that a bicycle, e-bike or e-scooter is registered. (3) e-Scooter means a device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor. "Electric scooter" does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped. (4) e-Bike means a bicycle with a motor attached. It must have pedals that are operational, an electric motor that is less than 750w and have a maximum speed of 20 mph on level ground. (Ord. No. 785, 10-15-19) Cross reference(s)—Definitions generally, § 1-2. Sec. 94-202. Reserved. Sec. 94-203. Registration required. (a) No person shall ride or propel a bicycle, e-bike or e-scooter on any street or upon any public path set aside for the exclusive use of bicycles, e-bikes or e-scooters unless such unit has been registered and a sticker is attached thereto. 1State law reference(s)—Bicycles and play vehicles generally, Wis. Stats. § 346.77 et seq. 2Editor's note(s)—Ord. No. 785, adopted Oct. 15, 2019, repealed the former Div. 2, §§ 94- 201—94-219, and enacted a new Div. 2 as set out herein. The former Div. 2 was entitled "Bicycles," and derived from Code 1969, §§ 18.07(1)—(20). Page 86 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 2 of 7 (b) At the time of the issuance of any such registration sticker, the applicant shall pay a registration fee. Registration stickers issued in accordance with this section shall be attached to the bicycles, e -bikes or e- scooters immediately after issuance. (c) This section shall apply to all persons who operate bicycles, e-bikes or e-scooters upon the streets sidewalks or paths of the city habitually or frequently. (d) All bicycles, e-bikes and/or e-scooters must be registered within ten days of purchase. (Ord. No. 785, 10-15-19) Sec. 94-204. Application for bicycle, e-bike or e-scooter registration. Application for a bicycle, e-bike or e-scooter registration sticker shall be made upon a form provided by the police department. A registration fee specified in chapter 10 shall be paid to the city before registration is granted. (Ord. No. 785, 10-15-19) Sec. 94-205. Inspection of bicycle, e-bike or e-scooter. The police department or any officer assigned such responsibility may inspect each bicycle, e -bike or e- scooter before registering the same and shall refuse registration for any bicycle, e- bike or e-scooter he/she determines to be in unsafe mechanical condition. (Ord. No. 785, 10-15-19) Sec. 94-206. Issuance of license. (a) The police department or other designated authority, upon receiving proper application therefor, is authorized to issue a bicycle, e-bike or e-scooter registration, which shall be valid for the duration of ownership. (b) The police department shall not issue a registration for any bicycle, e-bike or e-scooter where reasonable grounds exist that the applicant is not the owner of or entitled to the possession of such bicycle, e -bike or e- scooter. (c) The police department shall keep a record of the number of each registration, the date issued, the name and address of the person to whom issued, the number on the frame of the bicycle, e- bike or e-scooter for which issued, and a record of all registration fees collected by him/her. Registration forms and registration stickers shall be serially numbered to coincide with each other. (d) If a bicycle, e-bike or scooter does not have a serial number and if proof of ownership can be proven, the police department shall assign one to the bicycle, e-bike or e-scooter. (Ord. No. 785, 10-15-19) Sec. 94-207. Attachment of sticker. (a) The police department, upon issuing a bicycle, e-bike or e-scooter registration, shall also issue a registration sticker bearing the registration number assigned to the unit and the name of the city. (b) The registration sticker shall be placed midway on the seat tube for bicycles and e -bikes and on the handlebar base for e-scooters in such a manner to be visible. Page 87 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 3 of 7 (c) No person shall remove a registration sticker from a bicycle, e-bike or e-scooter except upon a transfer of ownership or if the bicycle, e-bike or e-scooter is dismantled and no longer operated upon any street in the city. (Ord. No. 785, 10-15-19) Sec. 94-208. Lost registration sticker. If an owner shall lose his/her registration sticker or it should be destroyed or stolen, he/she shall report same immediately to the police department, which shall then issue to such owner a new registration sticker at a cost to such owner as provided in chapter 110. (Ord. No. 785, 10-15-19) Sec. 94-209. Alteration of registration sticker. It shall be unlawful for any person to alter or counterfeit any registration sticker issued in conformity with this division. (Ord. No. 785, 10-15-19) Sec. 94-210. Transfer of ownership. Within ten days after any registered bicycle, e-bike or e-scooter has changed ownership or been dismantled and taken out of service or operation, the person in whose name the unit has been registered shall report such information to the police department. In case of change of ownership, the registration shall thereupon be changed to show the name of the new owner; in case of dismantling and taking out of service of operation, the registration shall be canceled. (Ord. No. 785, 10-15-19) Sec. 94-211. Nonresident. Any nonresident may operate a bicycle, e-bike or e-scooter that is duly registered in any municipality, and equipped with valid registration plates, without obtaining a local registration, provided that such other municipality wherein the bicycle, e-bike or e-scooter is registered extends the same privilege. (Ord. No. 785, 10-15-19) Sec. 94-212. Unclaimed or unidentified bicycles, e-bikes or e-scooters. All abandoned or unidentified bicycles, e-bikes or e-scooters remaining with the police department shall, after 30 days, be sold at public sale or donated to a charitable organization. (Ord. No. 785, 10-15-19) Page 88 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 4 of 7 Sec. 94-213. Riding on sidewalks. (a) It shall be unlawful for any person to operate a bicycle, e-bike or e-scooter upon a sidewalk within the downtown business district of the city. This section shall not prohibit a person from dismounting and walking a bicycle, e-bike or e-scooter upon the sidewalk. (b) Riders exercising due care may drive and operate their bicycles, e-bikes or e-scooters upon the sidewalk, other than in the downtown business district, when such riding does not jeopardize the safety of the pedestrians on the sidewalk. (c) It shall be unlawful for any person driving a bicycle, e-bike or e-scooter on the sidewalk to attempt to pass another person going in the same direction on the sidewalk without giving a warning and until it becomes evident that the person so warned is aware of the approach of such person driving the bicycle, e -bike or e- scooter. Pedestrians shall at all times have the right-of-way upon the sidewalks; and if necessary, the person driving such bicycle, e-bike or e-scooter shall dismount and vacate the sidewalk to prevent a collision; and any such person driving a bicycle, e-bike or e-scooter upon the sidewalk must have the bicycle, e-bike or e- scooter under control at all times. (Ord. No. 785, 10-15-19) Sec. 94-214. Riding on paved recreational paths. (a) Riders exercising due care may drive and operate their bicycles, e-bikes or e-scooters upon the paved recreational paths within the city when such riding does not jeopardize the safety of the pedestrians or other riders traveling on the path. (b) It shall be unlawful for any person driving a bicycle, e-bike or e-scooter on the bike paths to attempt to pass another person going in the same direction on the path without giving a warning and until it becomes evident that the person so warned is aware of the approach of such person driving the bicycle, e-bike or e- scooter. Pedestrians shall at all times have the right-of-way upon paved multi-use recreational paths; and if necessary, the person driving such bicycle, e-bike or e-scooter shall dismount and vacate the recreational path to prevent a collision; and any such person driving a bicycle, e -bike or e-scooter upon the recreational path must have the bicycle, e-bike or e-scooter under control at all times. (Ord. No. 785, 10-15-19) Sec. 94-215. Improper riding, trick riding, racing. (a) No person driving a bicycle, e-bike or e-scooter upon a public highway, recreational path, sidewalk or street shall participate in any race, speed or endurance contest. (b) No person riding or operating a bicycle, e-bike or e-scooter shall perform or attempt to perform any acrobatic, fancy or stunt riding upon any public highway, recreational path, sidewalk or street. (Ord. No. 785, 10-15-19) Sec. 94-216. Parking. (a) No person shall park any bicycle, e-bike or e-scooter against windows or on the main traveled portion of a sidewalk, nor in such manner as to constitute a hazard to pedestrians, traffic or property. Page 89 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 5 of 7 (b) If there is no bicycle rack or other facilities intended to be used for the parking of bicycles, e -bikes or e- scooters in the vicinity, bicycles, e-bikes and/or e-scooters may be parked on the sidewalk in an upright position parallel to and within 24 inches of the curb. (Ord. No. 785, 10-15-19) Sec. 94-217. Effects of regulations. (a) It is unlawful for any person to perform any act forbidden or fail to perform any act required in this division. (b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this division. (c) The regulations applicable to bicycles, e-bikes and e-scooters shall apply whenever a bicycle, e-bike or e- scooter is operated upon any highway, street, sidewalk or any path set aside for the use of bicycles, e -bikes and/or scooters subject to those exceptions stated in this division. (Ord. No. 785, 10-15-19) Sec. 94-218. Penalties. Every person 16 and over convicted of a violation of any provision of this division shall forfeit not less than $10.00 or more than $50.00. (Ord. No. 785, 10-15-19) Sec. 94-219. Disposal of offenders according to age. Any offender under the age of 16 years disregarding the rules and regulations governing the operation of bicycles, e-bikes or e-scooters not in conflict with the state laws shall be dealt with in accordance with the bicycle, e-bike and e-scooter court provisions. (Ord. No. 785, 10-15-19) Sec. 94-220. Bicycle, e-bike and e-scooter court provisions. The penalty for violating any of the rules and conditions set forth in this division shall be as follows: (1) First violation within one-year period: Written warning and notice to parents of violator. (2) Second violation within one-year period: Conference with parents, child and police department representative. (3) Third violation within one-year period: Municipal court citation with mandatory appearance to court. (Ord. No. 785, 10-15-19) Secs. 94-221—94-240. Reserved. DIVISION 3. SKATEBOARDS, IN-LINE SKATES AND PLAY VEHICLES Page 90 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 6 of 7 Sec. 94-241. 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: In-line skates and play vehicles, shall be as defined in Wis. Stats. §§ 340.01(24m), (43m), which are adopted by reference in this section as if fully set forth. Skateboard means a device consisting of a board with attached wheels designed to be ridden by a person, as defined in Wis. Stats. § 340.01(43m). (Code 1969, § 18.10(A)(1)) Cross reference(s)—Definitions generally, § 1-2. Sec. 94-242. Regulations. (a) No person shall operate or ride upon in-line skates, a play vehicle or a skateboard within the city in any of the following locations: (1) In or on any municipal parking lot and/or the ramp areas leading into such parking lot. (2) In or upon any public property where the owner or person in charge of such property has posted signs at the entrance thereto that operation of such is prohibited. (3) In or upon any alley highway, roadway or street, except while crossing such area at a crosswalk as defined in Wis. Stats. § 340.01(10), or when no sidewalk or path is present. (4) On any private property, parking lot, pedestrian way or other premises without the express written permission of a person in authority at such place, or where the owner or person in charge of such property has posted signs at the entrance thereto that operation of such is prohibited. (b) No parent of any child or the guardian of any ward shall authorize or knowingly permit any child or ward to violate any of the provisions of this division regulating the operation of such devices. (Code 1969, § 18.10(C); Ord. No. 606, 7-17-03; Ord. No. 748, 3-15-16) Sec. 94-243. Penalties. (a) Persons under the age of 14. (1) First violation of this division. A warning will be issued to the child, and notice of the violation will be sent to a parent or guardian of the child. (2) Second violation of this division. A warning will be issued to the child, and the parent or guardian of the child may be charged as specified under subsection 94-242(b). (3) Third and subsequent violations of this division. Referral will be made following procedures under Wis. Stats. § 48.125 for a child alleged to have violated an ordinance. (b) Persons ages 14 to 18. (1) First violation of this division. A warning will be issued to the child and notice of the violation will be sent to a parent or guardian of the child. (2) Second violation of this division. A citation will be issued to the child, and notice of the citation will be sent to the parent or guardian of the child. Page 91 of 295 Created: 2026-04-30 10:33:32 [EST] (Supp. No. 30) Page 7 of 7 Any person over the age of 14 convicted of a violation of any provision of this division shall forfeit not less than $10.00 nor more than $25.00, together with applicable costs and assessments. (c) Adult persons. Any person over the age of 18 convicted of a violation of any provision of this division shall forfeit not less than $10.00 nor more than $50.00, together with applicable costs and assessments. (Code 1969, § 18.10(D)) Sec. 94-244. Prohibitions on River Walkway. (a) Prohibitions on River Walkway shall be as follows: (1) It shall be unlawful to drive, ride or use bicycles (bicycles may be walked), skates, skateboards, roller blades and motorized or nonmotorized vehicles on the tracks or trails on the River Walkway. An exception to this will be granted for the use of motorized and nonmotorized vehicles by city personnel while performing their job duties, and motorized wheelchairs, handicapped scooters and strollers. (2) No person shall block any portion of the riverwalk, either personally or with any boxes, personal belongings or other materials. (3) The River Walkway shall be for the use of persons on foot or in a wheelchair. (4) No person shall scale, gut, eviscerate, clean or engage in any other process of or partial process of cleaning fish at, on or upon any portion of the River Walkway. (5) No person shall leave any fish carcasses on any portion of the River Walkway. (6) No person shall have an open fire on any portion of the River Walkway. (7) There shall be no overnight camping allowed on any portion of the River Walkway. (8) No person shall, while on any portion of the River Walkway, take any action which unreasonably endangers the safety of the public. (9) No fishing shall take place on any portion of the River Walkway that is prohibited by appropriate signage, notably on the narrowest portions along the River Walkway where railing exists, with the exception of cantilevers. (10) Any person violating this section while signs are in place prohibiting such use of the River Walkway shall be punished in accordance with section 94-243 of this Code. (b) The River Walkway, for the purpose of this section, shall be described as the public easement that lies along the south side of the Rock River starting from the Robert Street Bridge east to the end of the paved portion of said walkway. It also includes the public lands owned by the city on the western portion of the River Walkway. (Ord. No. 598, 1-7-03; Ord. No. 678, 9-1-09) Secs. 94-245—94-275. Reserved. Page 92 of 295 1 ORDINANCE NO. ____ AN ORDINANCE TO AMEND SECTIONS OF CHAPTER 94 OF THE CITY OF FORT ATKINSON CODE OF GENERAL ORDINANCES RELATING TO ELECTRIC BIKES AND SCOOTERS NOW THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, does hereby ordain as follows: Section 1. Amends Section 94-201(4) of the City of Fort Atkinson Municipal Code to read as follows: “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: (1) Curb means the lateral boundaries of that portion of a street designed for the use of vehicles, whether marked by a curb or not. (2) Registration sticker means a sticker indicating that a bicycle, e-bike or e-scooter is registered. (3) e-Scooter means a device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor. "Electric scooter" does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped. (4) e-Bike means a bicycle with a motor attached. It must have pedals that are operational, an electric motor that is less than 750w and have a maximum speed of 20 mph on level ground. ELECTRONIC BICYCLE (E-BIKE) – a bicycle that is equipped with fully operational pedals for propulsion by human power and an electronic motor of 750 watts or less and that meets the requirements of any of the following classifications: (a) Class 1 E-Bike: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. (b) Class 2 E-Bike: An electric bicycle that may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (c) Class 3 E-Bike: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. Class 3 E-Bikes must have a Page 93 of 295 2 speedometer (WI §347.789(3M)(d) and may not be operated by anyone under the age of 16 (WI §346.806(4)). (Ord. No. 785, 10-15-19) Cross reference(s)—Definitions generally, § 1-2.” Section 2. Amends Section 94-215 relating to Improper riding, trick riding, racing of bikes, e-bikes, and e-scooters, of the City of Fort Atkinson Municipal Code to read as follows: “(a) No person driving a bicycle, e-bike or e-scooter upon a public highway, recreational path, sidewalk or street shall participate in any race, speed or endurance contest. (b) No person riding or operating a bicycle, e-bike or e-scooter shall perform or attempt to perform any acrobatic, fancy or stunt riding upon any public highway, recreational path, sidewalk or street. (c) No person riding a bicycle, e-scooter, or e-bike shall attach himself or herself to his or her bicycle, e-scooter, or e-bike to any vehicle upon a roadway or street. (d) Except as provided in Subsection (e), no bicycle, e-scooter, or e-bike may be used to carry out or transport more persons at one time that the number for which it is designed. (e) In addition to the operator, a bicycle otherwise designed to carry one the operator may be used top carry or transport a child seated in an auxiliary child’s seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer. (f) Every person riding a bicycle, e-scooter, or e-bike upon any street in the City shall obey all traffic signs and signals and shall stop at all stop signs. (g) No bicycle or e-bike shall be ridden faster than is reasonable and proper and every bicycle shall be operated with reasonable regard for safety of the operator and person upon the streets of the City. (h) No person shall operate a bicycle, e-scooter, or e-bike upon any street of the City while under the influence of alcohol or drugs. (i) During the hours of darkness, bicycles, e-bikes, motor-bicycles, and e-scooters must be equipped with a white front light visible from at least 500 feet. It must also have a rear red reflector visible from 50-500 feet when illuminated by headlights, or instead use a red rear light visible from 500 feet (§347.489(1) Wis. Stat.). (j) No person under the age of 16 years shall operate a Class 3 electric bike (§346.806(4) Wis. Stat.). (Ord. No. 785, 10-15-19)” Page 94 of 295 3 Section 3. Amends Sec. 94-221 to read as follows: “Sec. 94-221. Parental Responsibility. Any parent or guardian of any child who authorizes or knowingly permits such child to violate any provision of this chapter may be issued a citation and may be subject, upon conviction, to a fine of $10 plus court costs for a first offense, and a fine of $50 public court costs for subsequent offenses within one year of the first offense. Secs. 94-2221 – 94-240. Reserved.” 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 95 of 295 1 ORDINANCE NO. ____ AN ORDINANCE TO AMEND SECTIONS OF CHAPTER 94 OF THE CITY OF FORT ATKINSON CODE OF GENERAL ORDINANCES RELATING TO ELECTRIC BIKES AND SCOOTERS NOW THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, does hereby ordain as follows: Section 1. Amends Section 94-201(4) of the City of Fort Atkinson Municipal Code to read as follows: “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: (1) Curb means the lateral boundaries of that portion of a street designed for the use of vehicles, whether marked by a curb or not. (2) Registration sticker means a sticker indicating that a bicycle, e-bike or e-scooter is registered. (3) e-Scooter means a device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor. "Electric scooter" does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped. (4) ELECTRONIC BICYCLE (E-BIKE) – a bicycle that is equipped with fully operational pedals for propulsion by human power and an electronic motor of 750 watts or less and that meets the requirements of any of the following classifications: (a) Class 1 E-Bike: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. (b) Class 2 E-Bike: An electric bicycle that may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (c) Class 3 E-Bike: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. Class 3 E-Bikes must have a speedometer (WI §347.789(3M)(d) and may not be operated by anyone under the age of 16 (WI §346.806(4)). Page 96 of 295 2 (Ord. No. 785, 10-15-19) Cross reference(s)—Definitions generally, § 1-2.” Section 2. Amends Section 94-215 relating to Improper riding, trick riding, racing of bikes, e-bikes, and e-scooters, of the City of Fort Atkinson Municipal Code to read as follows: “(a) No person driving a bicycle, e-bike or e-scooter upon a public highway, recreational path, sidewalk or street shall participate in any race, speed or endurance contest. (b) No person riding or operating a bicycle, e-bike or e-scooter shall perform or attempt to perform any acrobatic, fancy or stunt riding upon any public highway, recreational path, sidewalk or street. (c) No person riding a bicycle, e-scooter, or e-bike shall attach himself or herself to his or her bicycle, e-scooter, or e-bike to any vehicle upon a roadway or street. (d) Except as provided in Subsection (e), no bicycle, e-scooter, or e-bike may be used to carry out or transport more persons at one time that the number for which it is designed. (e) In addition to the operator, a bicycle otherwise designed to carry one the operator may be used top carry or transport a child seated in an auxiliary child’s seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer. (f) Every person riding a bicycle, e-scooter, or e-bike upon any street in the City shall obey all traffic signs and signals and shall stop at all stop signs. (g) No bicycle or e-bike shall be ridden faster than is reasonable and proper and every bicycle shall be operated with reasonable regard for safety of the operator and person upon the streets of the City. (h) No person shall operate a bicycle, e-scooter, or e-bike upon any street of the City while under the influence of alcohol or drugs. (i) During the hours of darkness, bicycles, e-bikes, motor-bicycles, and e-scooters must be equipped with a white front light visible from at least 500 feet. It must also have a rear red reflector visible from 50-500 feet when illuminated by headlights, or instead use a red rear light visible from 500 feet (§347.489(1) Wis. Stat.). (j) No person under the age of 16 years shall operate a Class 3 electric bike (§346.806(4) Wis. Stat.). (Ord. No. 785, 10-15-19)” Section 3. Amends Sec. 94-221 to read as follows: “Sec. 94-221. Parental Responsibility. Page 97 of 295 3 Any parent or guardian of any child who authorizes or knowingly permits such child to violate any provision of this chapter may be issued a citation and may be subject, upon conviction, to a fine of $10 plus court costs for a first offense, and a fine of $50 public court costs for subsequent offenses within one year of the first offense. Secs. 94-222 – 94-240. Reserved.” 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 98 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: August 18, 2026 TO: Fort Atkinson City Council FROM: Jedidiah Draeger, Director of Neighborhood and Building Services RE: Second 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) BACKGROUND Section 15.10.31 of the City of Fort Atkinson Zoning Ordinance outlines the requirements for a Zoning Map Amendment process. This requires a public hearing, review, and approval by the Plan Commission and the City Council on the consistency of the proposal with adopted plans. 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 July 18, 2026. 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 subject property is located on the far southern edge of Fort Atkinson near the Klement Business Park and STH 26 Bypass/Janesville Avenue interchange. It is currently being used for farming and includes one single-family home. The Glacier River Trail borders the property to the west, Klement Towing (in the Town Koshkonong) borders the property to the north, and the Klement Business Park is located directly to the east. The proposed development includes: • Phase 1: o Four 16-unit Multi-Family Buildings (64 units) o New access point to Janesville Avenue o Stormwater management area o Surface parking o Internal circulation driveways Page 99 of 295 • • Phase 2: o Three 16-unit Multi-Family Buildings (48 units) o Surface parking o Internal circulation driveways Each building is proposed to be identical in two stories in height with individual unit attached garages and entries. Additional surface parking is provided for each adjacent to the buildings and internal circulation driveways connect each area together. The existing single-family home on the property is proposed to remain, and a new parcel will be created to include 0.9-acres. The multifamily buildings are proposed to the north, west, and south of the existing home. Further, the subject property is identified as Planned Mixed Use within the Comprehensive Plan. This land use designation includes commercial, multifamily, and mixed-use buildings. The proposed Zoning Map Amendment is consistent with this designation. DISCUSSION The existing property is currently zoned RH-35. This zoning district allows for and is oriented to agricultural and rural land uses. This district is also intended to be a holding district where property remains undeveloped until a proposed project comes forward and then is subsequently rezoned to accommodate said project. The Comprehensive Plan identifies the properties as Planned Mixed Use on the Future Land Use Map. The consistency between the proposed rezoning and the Comprehensive Plan is further described below. The parcels must meet the minimum standards of the MRH-30 zoning district to accommodate the proposed rezoning. All proposed land uses and structures must also meet the minimum standards of each district and will be reviewed in detail associated with future required steps prior to development. FINANCIAL ANALYSIS Passage of the Zoning Map Amendment is not expected to have a financial impact on the City. However, changing the zoning will support a proposed multi-family development on the property, which will increase the tax base. RECOMMENDATION Staff recommends the council hold the second reading and direct the City Manager to prepare the Ordinance for a Third/Final reading at the meeting on September 1, 2026. ATTACHMENTS 1. Plan Commission Memorandum Page 100 of 295 2. 5.21.26 ZMA application - 1911 Janesville Ave_Redacted 3. Pelton Zoning Map Amendment Narrative 4. ZMA_Public Notice_ 1911 Janesville Ave Public Notice 5. 2026-05-27 - Preliminary Site Plan 6. 2026-05-27 PRELIM Fort Atkinson - Site Plan (Img) 7. 2026-06-24 Certified Survey Map 8. Area Map 9. Area Map_MRH30 10. Koshkonong Town Board letter of Board opinion 11. 1911 Janesville Ave Ordinance (1) Page 101 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 ZONING MAP AMENDMENT AND CONDITIONAL USE PERMIT REPORT TO THE PLAN COMMISSION DATE: July 28, 2026 FILE NUMBER: SPR-2026-07 PROPERTY ADDRESS: 1911 Janesville Avenue EXISTING ZONING: RH-35, Rural Holding PARCEL NUMBER: 226-0514-1742-001 PROPOSED ZONING: MRH-30, Multi-Family Residential OWNER: V&J Investment Properties, LLC EXISTING LAND USE: Agriculture/Rural Residential APPLICANT: Pelton Builders REQUESTED USES: Multi-Family Residential BACKGROUND Section 15.10.31 of the City of Fort Atkinson Zoning Ordinance outlines the requirements for a Zoning Map Amendment process. This requires a public hearing, review, and approval by the Plan Commission and the City Council on the consistency of the proposal with adopted plans. Section 15.10.32 of the City of Fort Atkinson Zoning Ordinance outlines the requirements for the Conditional Use application and procedure. This requires A Site Plan and a public hearing before the Plan Commission. REQUEST OVERVIEW 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 subject property is located on the far southern edge of Fort Akinson near the Klement Business Park and STH 26 Bypass/Janesville Avenue interchange. It is currently being used for farming and includes one single-family home. The Glacier River Trail borders the property to the west, Klement Towing (in the Town Koshkonong) borders the property to the north, and the Klement Business Park is located directly to the east. The proposed development includes: • Phase 1: o Four 16-unit Multi-Family Buildings (64 units) o New access point to Janesville Avenue Page 102 of 295 o Stormwater management area o Suface parking o Internal circulation driveways • • Phase 2: o Three 16-unit Multi-Family Buildings (48 units) o Suface parking o Internal circulation driveways Each building is proposed to be identical in two stories in height with individual unit attached garages and entries. Additional surface parking is provided for each adjacent to the buildings and internal circulation driveways connect each area together. The existing single-family home on the property is proposed to remain, and a new parcel will be created to include 0.9-acres. The multifamily buildings are proposed to the north, west, and south of the existing home. Further, the subject property is identified as Planned Mixed Use within the Comprehensive Plan. This land use designation includes commercial, multifamily, and mixed-use buildings. The proposed Zoning Map Amendment is consistent with this designation. The following staff report reviews the proposed Zoning Map Amendment and Conditional Use for a Group Development (multiple principal buildings on the same lot). The Site Plan for this project will be reviewed at a separate meeting. ZONING MAP AMENDMENT REVIEW: The existing property is currently zoned RH-35. This zoning district allows for and is oriented to agricultural and rural land uses. This district is also intended to be a holding district where property remains undeveloped until a proposed project comes forward and then is subsequently rezoned to accommodate said project. The Comprehensive Plan identifies the properties as Planned Mixed Use on the Future Land Use Map. The consistency between the proposed rezoning and the Comprehensive Plan is further described below. The parcels must meet the minimum standards of the MRH-30 zoning district to accommodate the proposed rezoning. All proposed land uses and structures must also meet the minimum standards of each district and will be reviewed in detail associated with future required steps prior to development. The minimum lot dimensions must be met for each parcel, as shown below: Page 103 of 295 Lot 1 - New Northern Parcel (MRH-35) Bulk Regulation MRH-35 Standard Proposed New Parcel Minimum Lot Area 20,000 sf 228,201 sf Minimum Lot Width 100 ft 408 ft Minimum Lot Depth 120 ft 548 ft Minimum Lot Frontage at ROW 50 ft 556 ft Lot 2 - New Middle Parcel (MRH-35) Bulk Regulation MRH-35 Standard Proposed New Parcel Minimum Lot Area 20,000 sf 41,910 sf Minimum Lot Width 100 ft 187 ft Minimum Lot Depth 120 ft 215 ft Minimum Lot Frontage at ROW 50 ft 187 ft Lot 3 - New Southern Parcel (MRH-35) Bulk Regulation MRH-35 Standard Proposed New Parcel Minimum Lot Area 20,000 sf 265,891 sf Minimum Lot Width 100 ft 564 ft Minimum Lot Depth 120 ft 216 ft Minimum Lot Frontage at ROW 50 ft 143 ft ZONING MAP AMENDMENT CRITERIA: A Zoning Map Amendment must be reviewed per the requirements of Section 15.10.31(4)(b) of the Zoning Ordinance. City Staff is required to provide a written report regarding this review to assist the Plan Commission and City Council in reviewing the proposed amendment. 1. Does the proposed Zoning Map Amendment advance the purposes of the Zoning Ordinance as outlined in Section 15.01.03? Yes. The proposed zoning map amendment protects the health, safety, morals, comfort, convenience, and general welfare of the public. This will be accomplished through consistency with and advancement of community goals within adopted Page 104 of 295 plans. 2. Is the proposed Zoning Map Amendment in harmony with the Comprehensive Plan? Yes. The proposed zoning map amendment helps accomplish many of the community’s goals as identified in the Comprehensive Plan and is consistent with the Planned Mixed Use designation on the Future Land Use Map. 3. Does the proposed Zoning Map Amendment maintain the desired consistency of land uses, land use intensities, and land use impacts within the pertinent Zoning District? Yes. The proposed zoning map amendment is consistent with the Comprehensive Plan. While there are no other multifamily residential land uses in this area, the proposed project reflects a community need (housing) and is generally reflective of the planned growth patterns in the area (mixed-use commercial, residential, and industrial). 4. Does the proposed Zoning Map Amendment address any factors that are not accomplished on the current Zoning Map? 1. The designations of the Zoning Map are not in conformance with the Comprehensive Plan. N/A 2. A mapping mistake was made. N/A 3. Factors have changed, such as new data, infrastructure, market conditions, development, annexation, or other zoning changes that make the subject property more appropriate for a different zoning district. Yes. The proposed zoning map amendment allows for the creation of additional housing units within the City of Fort Atkinson in reflection of the well-documented housing shortage in the community. 4. Growth patterns or rates have changed, creating the need for an amendment to the Zoning Map. Yes. There is a well-documented shortage of housing in Fort Atkinson and across Wisconsin that necessitates additional housing opportunities within the community, which is consistent with the proposed amendment. CONDITIONAL USE REVIEW Under the Group Development section (15.06.02), applicants must demonstrate how the development complements the design and layout of nearby buildings and enhances, rather than detracts from, the desired character of the surrounding area. Additionally, all buildings must be of compatible architectural quality. Finally, building configuration shall allow for the potential future subdivision of the parcel for each individual building. Group Development Standards: Land uses and development shall comply with the applicable requirements of this Chapter, including, but not limited to, density, intensity, bulk, setback, and building separation requirements; building and site design standards; landscaping and green space requirements; access, parking, loading requirements; and signage requirements. = Met The applicant shall demonstrate: • Complements the design and layout of nearby buildings and developments. = Met (the design and layout provides the opportunity to create a new consistent land use pattern and layout Page 105 of 295 across the site in an evolving area of the community) • Enhances, rather than detracts from, the desired character of the surrounding area. = Met (the area is evolving in terms of land use and development patterns; the proposed project aims to complement future surrounding developments) • Architectural Quality. All buildings within the group and/or large development shall be compatible with one another in terms of architectural quality and design, as determined by the Plan Commission. = Met (This will be reviewed further during Site Plan Review. ) • Development located within a group development shall be located so as to comply with the intent of this Chapter regarding setbacks of structures and buildings from lot lines. Building envelopes shall be depicted on the site plan required for review of group developments. The use of this approach to designing group developments will facilitate the subdividing of group developments in the future (if such action is so desired). = Met (future divisibility could be accomplished for the individual buildings within the Group Development) • Roadway Connections. All nonresidential projects shall have direct access or access through an easement to an arterial or collector level street; or to a local street if no other access is available, as deemed appropriate by the City. = Met (direct access proposed to an arterial road) • Parking. Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces by 25 percent or more shall be allowed according to the regulations of Section 15.06.06(8). = Met (This will be reviewed further during Site Plan Review) • Outdoor Display Areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a minimum of 5 feet or by a physical barrier visible to drivers and pedestrians. = N/A (none proposed) • Outdoor Storage Uses and Areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan. Outdoor storage uses and areas shall meet the screening requirements of Section 15.06.21. = Met (This will be reviewed further during Site Plan Review) • Landscaping. Landscaping shall meet the standards in Article VIII. = Met (This will be reviewed further during Site Plan Review) • Lighting. Onsite exterior lighting shall meet the standards in Section 15.06.20. = Met (This will be reviewed further during Site Plan Review) • Signage. Signage shall meet the standards in Article IX. = Met (This will be reviewed further during Site Plan Review) In reviewing and taking final action on a proposed conditional use permit, the Plan Commission shall consider whether the proposed conditional use meets the following (staff review of each finding is underlined): • Is in harmony with the Comprehensive Plan. Staff believes this condition is met. The proposed project aligns with the Comprehensive Plan’s Planned Mixed Use future land use designation and associated policies. Page 106 of 295 • Would result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. Staff believes this condition is met. The proposed use does not adversely impact nearby properties, will be adequately served by utilities and infrastructure, and does not pose a threat to public health, safety, or general welfare. • Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. Staff believes this condition is met. This area contains a mix of uses including rural, residential, and industrial. The proposed use is consistent with the plans for long-term changes to more residential and mixed uses in this area. • The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. Staff believes this condition is met. The site will be served by new utilities and infrastructure extended into the property. • The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff believes this condition is met. The proposed use provides public benefits in offering new, much-needed housing units in Fort Atkinson. The Plan Commission may impose conditions on any conditional use permit related to the physical development and operation, vehicles and equipment of the use, roadway impacts, or other conditions as deemed necessary. PUBLIC NOTICE: A public hearing is required for Zoning Map Amendment and Conditional Use review and action. All required public hearing notices have been properly posted in compliance with state law. COMPREHENSIVE LAND USE PLAN (2019): The subject property is located within the Southwest Economic Opportunity District Planning Area (see attachments) and is identified as mixed-use on the plan. The property is identified in the Comprehensive Plan Future Land Use as Planned Mixed Use. This land use category includes a carefully designed blend of commercial, office, multifamily residential, and/or community facility land uses. Staff believes the proposal is in concert with the Comprehensive Plan. DISCUSSION Page 107 of 295 The proposed Zoning Map Amendment and Conditional Use request aim to provide additional housing development opportunities on the subject properties. This location is an evolving area with a mix of different land use types. As nearby properties are developed, it’s anticipated that other potential multifamily projects may take place. Additionally, with the site’s proximity to major transportation corridors, new residents will be able to access recreation (trail), job centers, daily shopping needs, and more within close proximity. Overall, the proposed Zoning Map Amendment and Conditional Use request meet the requirements of the City’s ordinances, is in alignment with adopted City plans, and will provide new tax base and housing units through a future multi-family development. RECOMMENDATION No action is required for the Zoning Map Amendment or Conditional Use Permit after the public hearing. Later on the agenda, staff recommends the Plan Commission recommend the City Council review and approve the Zoning Map Amendment for the property located at 1911 Janesville Avenue from RH-35 to MRH-30. There is no action on the Conditional Use Permit at this time. Additional review and possible action will be on the Plan Commission agenda on August 11, 2026. Likewise, the applicant is expected to submit a certified survey map to create the three lots that are referenced in this staff report. ATTACHMENTS 1. 5.21.26 ZMA application - 1911 Janesville Ave_Redacted 2. Pelton Zoning Map Amendment Narrative 3. ZMA_Public Notice_ 1911 Janesville Ave Public Notice 4. 2026-05-27 - Preliminary Site Plan 5. 2026-05-27 PRELIM Fort Atkinson - Site Plan (Img) 6. Conditional Use Permit Narrative 7. CUP_Public Notice_ 1911 Janesville Ave 8. 2026 CUP application- SIGNED 5.27.26_Redacted 9. 2026-06-24 Certified Survey Map 10. Application_Redacted 11. Area Map 12. Area Map_MRH30 Page 108 of 295 City of Fort Atkinson 101 N. Main Street Fort Atkinson, WI 53538 Zoning Map Amendment Page 1 of 2 City of Fort Atkinson Procedural Checklist for Zoning Map Amendments (Rezoning) Requirements per Section 15.10.31 This form is designed to be used by the Applicant as a guide to submitting a complete application to amend the Official Zoning Map and by the City to process the application. Name, company, and client (if applicable): ___________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Phone number: _ Email: _ _____________ Property address of requested zoning change: ________________________________________________ _____________________________________________________________________________________ Zoning change request from ______________________________ to ______________________________ I Application Packet Requirements The Applicant shall submit an electronic or paper copies, as may be required by the City, of the application.  A map of the subject property to scale, depicting the following:  All lands for which the zoning is proposed to be amended and all other lands within 100 feet of the boundaries of the subject property.  All parcel numbers for the subject property.  Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control.  All lot dimensions of the subject property.  A graphic scale and north arrow.  Legal description of the property.  Written justification for the proposed Official Zoning Map amendment, including evidence that the application is consistent with the Comprehensive Plan.  Any further information needed by the Plan Commission to facilitate the making of a comprehensive report to the Plan Commission and City Council. II Criteria Used to Evaluate the Proposed Zoning Map Amendment The Zoning Administrator shall review the complete application and evaluate whether the proposed amendment: 1. Advances the purposes of this Chapter as outlined in Section 15.01.03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. 2. Is in harmony with the Comprehensive Plan. 3. Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. Charlie Kudy, Pelton Development RH-35 MRH-30 Page 109 of 295 Page 110 of 295 Pelton Zoning Map Amendment: Narrative Pelton Builders respectfully requests a zoning map amendment to parcel 226-0514-1742-001 (1911 Janesville Ave) from RH-35 to MRH-30 to build a proposed multi-family development. This requested zoning map amendment is consistent with the City’s amended 2023 Comprehensive Plan. The site at 1911 Janesville Ave was slated for future development as a “Planned Mixed Use” zoning. Planned Mixed Use is further defined by the 2023 Comprehensive Plan as the following: “A carefully designed blend of commercial, office, multi-family residential, and/or community facility land uses, usually as part of a Planned Unit Development. Mixed-use areas are intended to be vibrant urban places that also function as community gathering spots” Utilizing this definition as the guide for the City’s future vision, we believe our development accomplishes that multifamily desire of Planned Mixed Use with the zoning change to MRH-30. Please see the attached future land use map from the amended 2023 Comprehensive Plan. The proposed development site is denoted by a star. Page 111 of 295 City of Fort Atkinson City Manager’s Office 101 N. Main Street Fort Atkinson, WI 53538 June 1, 2026 NOTICE TO THE PUBLIC OFFICIAL NOTICE IS HEREBY GIVEN the Fort Atkinson Plan Commission will hold a public hearing to review and make a recommendation to the City Council on a request for a Zoning Map Amendment for the property located at 1911 Janesville Avenue (parcel 226-0514-1742-001), from Rural Holding 35 (RH -35) to Multi-Family Residential 30 (MRH-30). This zoning change is being requested to allow building of a multi-family development. Said public hearing will be held in person at the Fort Atkinson Municipal Building, 101 N. Main St. and via Zoom on Tuesday, July 28, 2026, at 4:00 p.m. at the City of Fort Atkinson Plan Commission meeting. Those interested in attending this meeting should follow the below link or dial in for audio access. https://us02web.zoom.us/j/82214860406?pwd=TEVyUVdQM05VNFVzb0E2TUNTVnZlZz09 Meeting ID: 822 1486 0406 Passcode: 53538 Dial by your location +1 312 626 6799 Any interested party will be given the opportunity to be heard at that time. The City Council will likely review the rezoning request at the meeting on Tuesday, August 4, 2026, and again Tuesday, August 11, 2026. The Plan Commission is seeking input from the public. For more information, please contact the Director of Neighborhood and Building Services Jedidiah Draeger at jdraeger@fortatkinsonwi.gov or (920) -397-9901. You may attend the public hearing via Zoom or submit a letter or email expressing your thoughts. If you have special needs or circumstances which make communication or accessibility difficult at the meeting, please call (920)-397-9901 prior to the meeting date. Accommodation will, to the fullest extent possible, be made available on request to a person with a disability. Jedidiah Draeger Director of Neighborhood and Building Services Please publish: July 14 and 21, 2026 Page 112 of 295 Page 113 of 295 Page 114 of 295 Certified Survey Map Page 115 of 295 Page 116 of 295 Page 117 of 295 Page 118 of 295 Page 119 of 295 Page 120 of 295 BOARD PACKET COVER SHEET Meeting Date: Thursday, August 6, 2026 Agenda Item #: 10 Agenda Item Title: Discuss/Motion Board opinion correspondence regarding City of Fort Atkinson proposed development on Janesville Avenue Requestor: Chairperson Cheney Background/Context (if applicable): Documents Included: - GIS map image of parcel 226-0514-1742-001 - Draft letter of opinion on proposed City development Suggested Board Action: ☐ Discussion only? Consider drafted letter of opinion to submit to the City of Fort Atkinson Additional Notes for Board: Page 121 of 295 Page 122 of 295 August 6, 2026 City of Fort Atkinson City Council 101 North Main Street Fort Atkinson, WI 53538 Re: Proposed Multi -Family Residential Development – 1911 Janesville Avenue (Parcel No. 226-0514-1742-001) Dear Members of the City Council: At a duly noticed meeting, the Town Board of the Town of Koshkonong considered the proposed multi-family residential development located at 1911 Janesville Avenue, Fort Atkinson, Wisconsin (Parcel No. 226-0514-1742-001). After discussion, the Town Board voted to express its opposition to the proposed development and respectfully submits the following comments for the City's consideration. While the Town recognizes the City's authority over development within its corporate limits and appreciates the need for additional housing opportunities, the Board has concerns regarding the compatibility of this proposal with the surrounding area and its potential impacts on neighboring Town properties. The Town's concerns include the following: The property is located immediately adjacent to the Town of Koshkonong boundary, making the proposed development one that could have direct impacts on adjacent Town residents and properties. The site is surrounded by existing industrial uses and also adjoins a commercial business, raising concerns regarding the long -term compatibility of a multi -family residential development in this location. A privately owned easement traverses the subject property. The easement is owned by two Town of Koshkonong residents, and the Town encourages the City to carefully consider and protect the rights and access associated with this private easement throughout any review and development process. The neighboring properties within the Town consist primarily of rural, single -family residential development. The Town believes the proposed density and character of a Town of Koshkonong W5609 Star School Road Fort Atkinson, Wisconsin 53538 Phone: (920)563-4510 E-mail: town@koshkonongwi.gov Website: www.koshkonongwi.gov Page 123 of 295 multi-family development would not be compatible with the existing surrounding land uses immediately outside the City's boundary. The Town also understands that the subject property and surrounding area contain underground springs. The Board encourages the City to carefully evaluate any potential impacts to groundwater, drainage, and neighboring properties through appropriate engineering and environmental review before approving the project. The Town Board respectfully requests that the City give careful consideration to these concerns as it evaluates the proposed development. We appreciate the opportunity to provide comments and thank you for your consideration. Sincerely, Koshkonong Town Board Page 124 of 295 ORDINANCE NO. _____ AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF FORT ATKINSON NOW, THEREFORE, the City Council of the City of Fort Atkinson, Wisconsin, do ordain as follows: Section 1. Section 15.02.03 of the City of Fort Atkinson Zoning Ordinance, adopting the Map of Standard Zoning Districts, is hereby amended to change the zoning classification of the following described properties from Rural Holding (RH-35) to Multifamily Residential (MRH- 30). PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, T5N, R14E, CITY OF FORT ATKINSON, JEFFERSON COUNTY, WISCONSIN AND BOUNDED BY A LINE DESCRIBED AS FOLLOWS. COMMENCING AT A FOUND LIMESTONE MONUMENT AT THE SOUTH ONE-QUARTER CORNER OF SECTION 17, T5N, R14E; THENCE, N00°30'39"E, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, T5N, R14E, 1373.28 FEET, TO A FOUND 3/4" DIAMETER IRON ROD AT THE NORTHWEST RIGHT-OF-WAY OF JANESVILLE AVENUE (S.T.H. “26”) AND THE POINT OF BEGINNING (P.O.B.) OF THIS LEGAL DESCRIPTION; THENCE, N00°30'39"E, CONTINUING ALONG THE SAID WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, T5N, R14E, 414.17 FEET, TO A SET 3/4" DIAMETER IRON ROD AT THE SOUTHEAST RIGHT-OF-WAY LINE OF THE GLACIAL RIVER TRAIL; THENCE, N30°33'26"E, ALONG THE SAID SOUTHEAST RIGHT-OF-WAY LINE OF THE GLACIAL RIVER TRAIL, 973.63 FEET, TO A SET 3/4" DIAMETER IRON ROD AT THE NORTH LINE OF THE SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, T5N, R14E; THENCE, S87°10'32"E, ALONG SAID THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, T5N, R14E, 548.34 FEET, TO A SET 3/4" DIAMETER IRON ROD AT THE NORTHWEST RIGHT-OF-WAY LINE OF SAID JANESVILLE AVENUE; THENCE, S33°39'43"W, ALONG THE SAID NORTHWEST RIGHT-OF-WAY LINE OF SAID JANESVILLE AVENUE, 890.55 FEET TO A FOUND 3/4" DIAMETER IRON ROD; THENCE, S48°46'26"W, CONTINUING ALONG THE SAID NORTHWEST RIGHT-OF-WAY LINE OF JANESVILLE AVENUE, 734.91 FEET, RETURNING TO THE POINT OF BEGINNING. CERTIFIED SURVEY MAP CONTAINS 12.30 ACRES, 536,002 SQ. FT. AND IS SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS-OF-WAY OF RECORD. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. 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. Page 125 of 295 Kyle Jaeckel, President ATTEST: Michelle Ebbert, City Clerk/Treasurer/Finance Director Page 126 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: August 18, 2026 TO: Fort Atkinson City Council FROM: Rebecca Houseman, City Manager RE: Review and possible action relating to a Resolution adopting the Project Plan and boundaries for Tax Incremental District (TID) No. 12, City of Fort Atkinson, Jefferson County, Wisconsin (Houseman, City Manager) BACKGROUND The City is proposing to create a new Tax Incremental District (TID) No. 12, generally located in the area around Main Street and then primarily along Madison Avenue, West Sherman Avenue, and Riverside Drive, located within the City's limits. The project plan, maps, and notices are included with this memo for review by the City Council and the Public. TID 12 will be classified as a blighted district based on the identification and classification of the property proposed to be included within the district. The Plan Commission held a public hearing relating to TID No. 12 at the meeting on July 28, 2026. DISCUSSION There are 109 parcels proposed to be included in TID No. 12, for a total of about 32 acres of land. The estimated fair market value of the land and improvements in the TID is $41,344,000. If this TID is created, the taxes based on that land value will continue to be distributed to the four taxing jurisdictions. If created, the taxes on the additional value in the TID over its life will go into a separate fund for use in supporting development and installing infrastructure and improvements within the TID. Proposed public project improvements may include, but are not limited to, sanitary sewer and water system improvements, pedestrian and bicycle safety improvements, the Mechanic Street boat launch improvements, public parking lot reconstruction, utility and road improvements, entryway signage, pedestrian and bicycle path extensions, administrative costs, financing costs, and others as outlined in the Project Plan. A public notice for this public hearing was mailed to each taxing jurisdiction on July 7, 2026. In addition, it was published in the Jefferson County Daily Union as a Class 2 Notice on July 14, 2026, and July 21, 2026. The Joint Review Board held its initial meeting to review this matter on July 27, 2026. The Plan Commission held a public hearing on July 28th and adopted a resolution recommending the City Council approve the TID Project Plan. Page 127 of 295 FINANCIAL ANALYSIS Approval of the TID will provide financing for projects within the TID and is expected to increase the overall tax base of the City. RECOMMENDATION Staff and the Plan Commission recommend the City Council adopt the resolution recommending approval of the Project Plan and Boundaries for Tax Incremental District No. 12, City of Fort Atkinson, Jefferson County, Wisconsin. ATTACHMENTS 1. Combined-Public-Notices-Fort Atkinson TID 12 Creation blight 2. 7.7.26 Taxing Entities Public Hearing Notice TID 12 creation 3. Res 1465 TID 12 Creation - Plan Comm 4. 8.13.26 TID #12 Creation Resolution City Council 5. TID#12 creation DRAFT 5 project plan Fort Atkinson 081026 Page 128 of 295 NOTICE OF PUBLIC HEARING AND JOINT REVIEW BOARD MEETING REGARDING THE PROPOSED PROJECT PLAN FOR TAX INCREMENTAL DISTRICT (TID) NUMBER 12 IN THE CITY OF FORT ATKINSON, WISCONSIN NOTICE IS HEREBY GIVEN, that the City of Fort Atkinson will hold an organizational Joint Review Board (JRB) meeting on July 27, 2026, at 3 p.m. in the Municipal Building Council Chambers, located at 101 N. Main Street, Fort Atkinson, WI 53538. The purpose of this meeting is to organize a JRB to consider the proposed project plan for TID 12. The meeting is open to the public. NOTICE IS HEREBY GIVEN, that the Plan Commission, of the City of Fort Atkinson, will hold a public hearing on July 28, 2026, at 4 p.m., in the Municipal Building Council Chambers, 101 N. Main Street, Fort Atkinson, WI regarding the proposed project plan for TID 12 in the City. Access meeting online: https://us02web.zoom.us/j/82214860406?pwd=TEVyUVdQM05VNFVzb0E2TUNTVnZlZz09; Meeting ID: 822 1486 0406; Passcode: 53538; Dial by Location +1 312 626 6799. Contact Sarah Weihert at 920-397-9901 to request accommodation or access assistance. City of Fort Atkinson TID 12 is generally located in the area in the City around Main Street and then primarily along Madison Avenue, West Sherman Avenue, and Riverside Drive located within the City's limits. TID 12 will be classified as a blighted district based on the identification and classification of the property proposed to be included within the district. Proposed public project improvements may include but are not limited to sanitary sewer and water system improvements, road curb and gutter, intersection, and storm water infrastructure improvements, street improvements, lighting, sidewalks, multi-use trail and park improvements, entryway signage, pedestrian and bicycle path extensions, professional and organizational services, administrative costs, and finance costs. As part of the project plan, cash grants may be made by the City of Fort Atkinson to owners, lessees, or developers of property within TID 12. The proposed costs include projects within the proposed boundary and within a one-half mile radius of the boundary of the district. At the public hearing, all persons will be afforded a reasonable opportunity to be heard concerning the proposed project plan. A copy of the TID 12 project plan and boundary is available for inspection and will be provided upon request. Arrangements for either inspection or receipt of a copy of the project plan may be made by contacting the City Manager, Municipal Building, 101 N. Main Street, Fort Atkinson, WI 53538; Phone (920) 397-9901. Dated the 6th day of July 2026 Rebecca Houseman City Manager Publication Date: July 14, 2026 and July 21, 2026. Page 129 of 295 VIA EMAIL-RETURN RECEIPT REQUESTED July 7, 2026 Michael Luckey, County Administrator, Jefferson County Shawna Marquardt, Dean of Regional Campuses, Madison Area Technical College Nathan Knitt, Director of Business Services, School District of Fort Atkinson Rebecca Houseman, City Manager, City of Fort Atkinson Jonah Ralston, City of Fort Atkinson resident, Public Member (nominated) RE: Notice of Public Hearing and Joint Review Board dates-Regarding Proposed Project Plan & District Boundary for Tax Incremental District No. 12 of the City of Fort Atkinson, Wisconsin Dear Joint Review Board Member, The City of Fort Atkinson is proposing the creation of Tax Increment al District No. 12 in the City. Pursuant to Section 66.1105 of Wisconsin Statues, we need to hold our first meeting of the Joint Review Board within 14 days from the first public notice publication on July 14, 2026, and before the public hearing scheduled for July 28, 2026. This letter is to inform you that a public hearing will be held on Tuesday, July 28, 2026, at 4 p.m. in the Fort Atkinson Municipal Building Council Chambers, 101 N. Main Street, regarding the Proposed Project Plan and District Boundary for Tax Incremental District No. 12 of the City of Fort Atkinson, Wisconsin. The Wisconsin Tax Incremental Law provides that a Joint Review Board must be established with respect to the proposed project plan and must include members chosen by Jefferson County, Madison Area Technical College, School District of Fort Atkinson, City of Fort Atkinson and one public member chosen by a majority of the other Joint Review Board members. The first meeting of the Joint Review Board will be held on Monday, July 27, 2026, at 3 p.m. in the Fort Atkinson Council Chambers, 101 N. Main Street. The purpose of the meeting will be to review the role of the Joint Review Board, elect a chairperson and a public member, and discuss the district’s creation. Enclosed is a copy of the agenda for that meeting and a copy of the notice of public hearing for the Proposed Project Plan and District Boundary of Tax Incremental District No. 12. The second Joint Review Board meeting has been scheduled for Monday, August 31, 2026 at 3 p.m. Thank you for your cooperation in this important matter. If you have any questions or require further information, please contact me at 920-397-9901 or rhouseman@fortatkinsonwi.gov. Sincerely, Rebecca Houseman City Manager Page 130 of 295 Page 131 of 295 Page 132 of 295 Resolution Formally Establishing the Boundaries of and Approving the Project Plan for Tax Incremental District No. 12 ESTABLISHING THE BOUNDARIES OF AND APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NO. 12, CITY OF FORT ATKINSON, JEFFERSON COUNTY, WISCONSIN WHEREAS, pursuant to Wisconsin Statutes §66.1105 the City of Fort Atkinson has determined that use of Tax Incremental Financing is required to promote development and redevelopment within the City; and WHEREAS, Tax Incremental District No. 12 (“the district”) is proposed to be created as a “blighted area district” based on findings that at least 50 percent (by area) of the real property within the District is a blighted area; and WHEREAS, a Project Plan for Tax Incremental District No. 12 has been prepared that includes the following: 1. A statement listing the kind, number, and location of proposed public works or improvements within the district. 2. An economic feasibility study. 3. A detailed list of estimated projects costs. 4. A description of the methods of financing all estimated project costs and the time when the related costs or monetary obligations are to be incurred. 5. A map showing existing uses and conditions of real property in the district. 6. A map showing proposed improvements and uses in the district. 7. Proposed changes of zoning ordinance, master plan, map, building codes, and City Ordinances. 8. A statement of the proposed method for relocation of any person to be displaced. 9. A statement indicating how creation of the district promotes the orderly development of the City. 10. A list of estimated non-project costs. 11. A section for the eventual insertion of a boundary legal description to be completed upon approval of this resolution. 12. A section for the eventual insertion of An Opinion of the City Attorney advising that the plan is complete and complies with Wis. Statute §66.1105(4)(f); and WHEREAS, in accordance with the procedures specified in the Tax Increment Law, the Plan Commission, on July 28, 2026, held a public hearing concerning the project plan and boundaries and proposed creation of the district providing interested parties a reasonable opportunity to express their views on the proposed creation of a tax incremental district and the proposed boundaries of the district; and WHEREAS, after said public hearing, the Plan Commission adopted a resolution, and recommended to the City Council that it create the district. Page 133 of 295 Resolution Formally Establishing the Boundaries of and Approving the Project Plan for Tax Incremental District No. 12 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Atkinson that: 1. The Recitals set forth above are incorporated herein and are made an enforceable part of this resolution. 2. The boundaries of the district are hereby approved and established, only includes whole parcels and is contiguous, as legally described in Exhibit A attached and incorporated herein by reference. 3. The City of Fort Atkinson hereby creates Tax Increment District No. 12 on August 18, 2026, effective January 1, 2026. 4. The City Council finds and declares that: a. At least 50 percent (by area) of the real property within the District is a blighted area as defined in Wisconsin Statute Section 66.1105(2)(ae)1. b. Based upon the findings, as stated in (a) above, the District is declared to be a blighted area district based on the identification and classification of the property included within the district. c. The project costs relate directly to eliminating blight in the district consistent with the purpose for which the district is created. d. The equalized value of the taxable property in the district plus the value increment of all other existing tax incremental districts within the City does not exceed 12% of the total equalized value of taxable property within the City. e. The improvement of the area is likely to significantly enhance all the other real property’s value in the district. f. The private development activities projected in the Project Plan would not occur without tax incremental financing. g. Confirms the project plan “is feasible and in conformity” with the City of Fort Atkinson’s master plan. h. The City estimates less than 35% of the territory within the district will be devoted to retail business at the end of the district’s maximum expenditure period, pursuant to Section §66.1105 (5)(b) of the Wisconsin Statutes. i. Confirms for any annexed parcels not within the municipality’s boundaries on January 1, 2004, three years have elapsed since the territory was annexed. 5. The Project Plan, prepared by Robert W. Baird & Co. dated August 18, 2026, which is incorporated herein in its entirety by reference, is approved and adopted and the City further finds that plan is feasible and in conformity with the master plan of the City. BE IT FURTHER RESOLVED THAT the City Clerk is hereby authorized and directed to apply to the Wisconsin Department of Revenue, in such form as may be prescribed, for a Page 134 of 295 Resolution Formally Establishing the Boundaries of and Approving the Project Plan for Tax Incremental District No. 12 “Determination of Tax Incremental Base”, as of January 1, 2026, pursuant to the provisions of Section §66.1105 (5) (b) of the Wisconsin Statutes. BE IT FURTHER RESOLVED THAT the City Assessor is hereby authorized and directed to identify upon the assessment roll returned and examined under section §70.45 of the Wisconsin Statutes, those parcels of property which are within the District, specifying thereon the name of the District, and the City Clerk is hereby authorized and directed to make similar notations on the tax roll made under Section §70.65 of the Wisconsin Statutes, pursuant to Section §66.1105(5)(f) of the Wisconsin Statutes. Adopted this 18th day of August 2026 City of Fort Atkinson By ______________________________ Kyle Jaeckel, President CERTIFICATION I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Fort Atkinson on the 18th day of August 2026. ____________________________ Michelle Ebbert, City of Fort Atkinson City Clerk Page 135 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 1 Project Plan & District Boundary Tax Incremental District No. 12 in the CITY OF FORT ATKINSON, WISCONSIN August 18, 2026 (Approved Actions) Organizational Joint Review Board Meeting Held July 27, 2026 Public Hearing Held July 28, 2026 Adopted by Planning Commission July 28, 2026 Adopted by City Council August 18, 2026 Adopted by Joint Review Board August 31, 2026 Prepared in part by: Robert W. Baird & Co. Public Finance 777 E. Wisconsin Ave. Milwaukee, WI 53202 800.792.2473 Page 136 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 2 Table of Contents Section 1: City of Fort Atkinson Officials ............................................................................... 3 Section 2: Introduction and Description of District ............................................................... 4 Section 3: Summary of Findings ............................................................................................ 5 Section 4: Map of Proposed District Boundary ...................................................................... 8 Section 5: One Half Mile Radius Map of Proposed District Boundary ..................................... 9 Section 6: Map Showing Existing Uses and Conditions ........................................................ 10 Section 7: Preliminary Parcels List and Analysis ................................................................. 11 Section 8: Equalized Valuation Test .................................................................................... 13 Section 9: Statement of Kind, Number and Location of Proposed Projects .......................... 13 Section 10: Maps Showing Proposed Improvements and Uses ............................................ 14 Section 11: Detailed List of Project Costs ............................................................................ 17 Section 12: Economic Feasibility ......................................................................................... 17 Section 13: Method of Financing and Timing of When Costs are to be Incurred. ................. 18 Section 14: Annexed Property ............................................................................................. 21 Section 15: Proposed Changes in Zoning Ordinances .......................................................... 21 Section 16: Proposed Changes in Master Plan, Map, Building Codes, and City Ordinances .. 21 Section 17: Relocation ........................................................................................................ 21 Section 18: Orderly Development of the City ...................................................................... 21 Section 19: A List of Estimated Non-Project Costs .............................................................. 22 Section 20: City Attorney Opinion ....................................................................................... 22 Section 21: Exhibit A Cash Flow Proforma Analysis ............................................................. 23 Section 22: Estimated Tax Increments By Taxing Entity ..................................................... 24 Section 23: Exhibit B City Attorney Opinion ........................................................................ 25 Section 24: Exhibit C TID #12 Boundary Legal Description ................................................. 27 Section 25: Disclaimer Text ................................................................................................ 31 Page 137 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 3 Section 1: City of Fort Atkinson Officials City Council Kyle Jaeckel President Davin Lescohier President Pro Tem Bruce Johnson Council Member Peggy Huckabee Council Member Jena Price Council Member City Staff Rebecca Houseman City Manager Michelle Ebbert City Clerk/Treasurer/Finance Director Zach Navin Director of Public Works David Westrick City Attorney Jedidiah Draeger Director of Neighborhood & Building Services Sarah Weihert Public Relations/Executive Assistant Planning Commission Rebecca Houseman, Chairperson Diana Shull Peggy Huckabee, Council Representative Vacant Citizen Position John Ciccarelli Zach Navin, Secretary Eric Schultz Joint Review Board Rebecca Houseman City Representative - Chairperson Michael Luckey Jefferson County Shawna Marquardt Madison Area Technical College Nathan Knitt Fort Atkinson School District Jonah Ralston Public Member Page 138 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 4 Section 2: Introduction and Description of District The City plans to use Tax Incremental Financing (“TIF”) as a successful economic development programming tool by providing public improvements and development incentives to encourage and promote residential and commercial development. The goal is to increase the t ax base, to create and enhance economic opportunities, and to increase housing options within the City. The City works with developers and property owners to provide infrastructure improvements and incentives for development. Public infrastructure and property improvements will be financed by a combination of TIF increments and debt financing. The Tax Increment District (“TID”) is being created as a “Blight District” based on the identification and classification of the property proposed to be included in the TID. Not less than 50% by area of the real property within the District is a blighted area as defined by Wis. Stat. § 66.1105(2)(ae)1. A blighted area is property that may consist or but is not limited to structural deterioration, health and safety hazards, environmental issues, or economic stagnation. The maximum life (absent extension) of the TID is 27 years from the date of adoption. Tax incremental financing is being proposed to encourage and support development within the District. Said financing is intended to be used for the projects outlined in this Project Plan (“Plan”). The District is located wholly within the City of Fort Atkinson. Any proposed and potential new development will generate additional property taxes (tax increment) that will be used to offset the cost of the public investments resulting from, or needed by, the new development. Planned or potential development projects are detailed in the Statement of Kind, Number and Location of Proposed Projects section of this Plan. The City anticipates various public improvement project cost expenditures of approximately $12,550,000 including financing/interest costs during the TID’s 22-year expenditure period. Proposed public project improvements may include but not limited to developer incentives in the form of cash grants or TID loans, infrastructure improvements, professional and organizational services, administrative costs, and finance costs. As a result of the creation of this TID, the City projects a preliminary and conservative cash flow analysis indicating approximately $20,381,000 in increments. The TID increment will primarily be used to pay the debt service costs of the TID, project costs within the TID, and project development incentives. The increment may be used for bicycle/pedestrian connections , street/sidewalk improvements, riverwalk and streetscape improvements, and Page 139 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 5 other infrastructure improvements within the vicinity of the district. The City projects land and improvement values (incremental value) of approximately $27,500,000 will be created in the TID by the end of 20 53. This additional value will be a result of the improvements made, and projects undertaken within the TID. If the project generates less in value than anticipated, any shortfall in paying of the loan incentive is borne by the developer. Maps depicting the boundaries and existing uses and conditions of the TID are found in the respective mapping sections of this Plan. Section 3: Summary of Findings As required by Wis. Stats. § 66.1105, and as documented in this Project Plan and the exhibits contained and referenced herein, the following findings are made: 1. That the area described herein on the boundary map (page 6) is a blighted area as defined in Section 66.1105(2)(ae), Wisconsin Statutes, that the property substantially impairs or arrests the sound growth of the city and is in need of redevelopment and that “but for” the creation of this TID, the development projected as detailed in this Project Plan: 1) would not occur; or 2) would not occur in the manner, at the values, or within the timeframe desired by the City. In making this determination, the City has considered the following information: • Development within the TID has not occurred at the pace anticipated by the City. Infrastructure and other development related expenses are not likely to be borne exclusively by private developers; therefore, the City has concluded that public investment wi ll be required to fully achieve the City’s objectives for this area. • To achieve its objectives, the City has determined that it must take an active role in encouraging development by making appropriate public expenditures in the area. Witho ut the availability of tax increment financing, these expenditures are unlikely to be made. Enhancement of this area will complement existing venues in the City, and benefit, not only the City, but all overlapping taxing jurisdictions. Accordingly, the costs to implement the needed projects and programs are appropriately funded through tax increment financing. • In order to make the area included within the TID suitable for development, the City will need to make a substantial investment to Page 140 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 6 pay costs of some or all of the projects listed in the project plan and to maintain a rent structure that does not exceed the upper end of market levels. Due to the public investment that is required, the City has determined that development of the area wi ll not occur at the pace or levels desired solely as a result of private investment. 2. The economic benefits of the Tax Incremental District, as measured by increased property values, are sufficient to compensate for the cost of the improvements. In making this determination, the City has considered the following information: As demonstrated in the Economic Feasibility Section of this Project Plan, the tax increments projected to be collected and the debt issuance will be more than sufficient to pay for the proposed project costs. On this basis alone, the finding is supported. 3. The benefits of the proposal outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing jurisdictions. Since the development expected to occur is unlikely to take place without the use of Tax Incremental Financing (see Finding #1) and since the TID will generate economic benefits that are more than sufficient to compensate for the cost of the improvements (see Finding #2), the City reasonably concludes that the overall benefits of the TID outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing jurisdictions. It is further concluded that since the “but for” test is satisfied, there would, in fact, be no foregone tax increments to be paid in the event the TID is not created. 4. The improvements to be made within the TID are likely to significantly enhance the value of substantially all other real property in the City surrounding the TID. 5. The equalized value of taxable property of the TID does not exceed 12% of the total equalized value of taxable property within the City. 6. The Project Plan for the TID is feasible and is in conformity with the master plan of the City. 7. The City estimates that less than 35% of the territory within the District will be devoted to retail business at the end of the District’s maximum expenditure period, pursuant to Wisconsin Statutes Sections 66.1105(5)(b). Page 141 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 7 8. The TID is being created by the city as a blight district. As described in Finding #1 above, 50% or more of the proposed district’s area is a blighted area. Page 142 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 8 Section 4: Map of Proposed District Boundary Current Map is reflective of the 01/01/2026 parcel list. Page 143 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 9 Section 5: One Half Mile Radius Map of Proposed District Boundary Page 144 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 10 Section 6: Map Showing Existing Uses and Conditions Page 145 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 11 Section 7: Preliminary Parcels List and Analysis As of 01/01/2026 parcel list. Page 146 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 12 Page 147 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 13 Section 8: Equalized Valuation Test The following calculations demonstrate that the City is in compliance with s.66.1105(4)(gm)4.c. Wis. Stats., which requires that the equalized value of the taxable property in the proposed TID, plus the value increment of any existing Tax Incremental Districts, does not exceed 12% of the total equalized value of taxable property within the City. With TID #12, the value increment of all existing Tax Increment Districts will be approximately 7.05%. Valuation Test Compliance Calculation 2025 Projected Equalized Valuation (TID IN) $ 1,555,582,500 Limit for 12% Test $ 186,669,900 Increment Value of Existing TIDs $ 42,303,600 Projected Base Value of New TIDs 9 and 11 previously approved $ 26,058,600 Projected Base Value of New TID $ 41,344,000 Total Value Subject to Test $ 109,706,200 Compliance ($109,706,200 < $186,669,900) Meets Requirement Section 9: Statement of Kind, Number and Location of Proposed Projects The City expects to implement the followi ng public project improvements . Any costs including eligible administrative costs necessary or convenient to the creation of the district or directly or indirectly related to the public works and other projects are considered "project costs" and eligible to be paid with tax increment revenues of the TID. Page 148 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 14 Project Descriptions 1. Sanitary Sewer Project – Sanitary Sewer repair project in the 100 block of N. Main St. 2. Pedestrian and Bicycle Safety Improvements – Install pavement markings across Main Street at intersections per MUTCD standards, install standard pavement marking (6-inch wide) crosswalk strips on the side streets, consider epoxy paint (or an option for City to easily maintain), install bicycle safety routes and incorporate bicycle travel lane signage, incorporate bicycle travel lane signage per MUTCD standards, explore opportunities to connect lanes and routes to connect southeastern portion of the community to downtown. 3. Mechanic Street Boat Launch – Improve downtown boat launch area. 4. Public Parking lot reconstruction – Improve and reconstruct downtown parking lots. 5. Park/Trail Improvements – Rock River Riverwalk reconstruction, extension and/or improvements, or other improvements identified in the City’s Comprehensive Plan (2022), Comprehensive Outdoor Page 149 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 15 Recreation Plan (2023), or through a planned development. This may include a connection to the Glacial River Bike Trail system. 6. Utility and Road Improvements – within ½ mile of the TID boundaries necessary to support the proper and responsible development of the TID. 7. Entryway and Wayfinding Signage Improvements – prepare for possible new entryway signage and/or wayfinding signage at Main Street entrance points and throughout the project area. 8. Streetscape Enhancements and Green Infrastructure Improvements – Improve downtown aesthetics by diversifying street trees, adding uniform street lighting, adding uniform planters containing dwarf shrubs or small flowering annuals. Adding trash cans, bicycle racks and benches in a uniform color and design, etc., per the 2025 Council-adopted Main Street Corridor Plan. 9. Regional Stormwater Improvements – regional stormwater improvements may include public or private stormwater detention and retention within the TID and within ½ mile of the TID boundaries. 10. Pedestrian/Bicycle Path Extensions and Improvements – Glacial River Bike trail pedestrian and bicycle path future extensions and connections may be considered within the TID and within ½ mile of the TID. 11. City Land Purchases – the City may purchase land throughout the life of the TID for public infrastructure, parkland, and/or if an opportunity arises where the purchase of land would benefit the City and the TID. 12. Direct Developer Assistance – Direct developer assistance and incentives may be utilized through TIF in order to take advantage possible development opportunities for the redevelopment of blighted properties. 13. Financing and Interest – the cost of issuance and interest on borrowing needed for projects along with interest due to development for any developer incentive loan in the redevelopment of blighted properties. 14. Administrative & Organizational Fees – City staff and consultants planning, engineering, legal, and administrative fees, along with organizational fees, Department of Revenue annual fees, and the costs associated with the creation of this TID. Page 150 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 16 Section 10: Maps Showing Proposed Improvements and Uses Page 151 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 17 Section 11: Detailed List of Project Costs 1. INFRASTRUCTURE IMPROVEMENTS $5,900,000 2. DEVELOPER ASSISTANCE $1,500,000 4. LAND PURCHASES $750,000 4. FINANCING & INTEREST $4,000,000 5. ADMINISTRATIVE & ORGANIZATION FEES $400,000 ESTIMATED TOTAL $12,550,000 The project cost is based on current prices and preliminary estimates. The City reserves the right to increase this cost to reflect inflationary increases and other uncontrollable circumstances between the creation of the TID and the time of construction. The tax increment allocation is preliminary and is subject to adjustment based upon the implementation of the Plan. This Plan is not meant to be a budget nor an appropriation of funds for specific projects, but a framework within which to manage projects. All costs included in the Plan are estimates based on the best information available. The City retains the right to delete or pursue future projects listed in the prior paragraph, and shown on the map, or change the scope and/or timing of projects implemented as they are individually authorized by the City Council, without amending the Plan. The City has provided a full list of projects that would only be included in the TID in the event sufficient increment growth is expected to be generated. The City reserves the right to replace specific projects within the general categories stated in Section 9 to better meet the needs of the development as it progresses. The Plan authorizes the expenditure of funds for project costs within a ½ mile radius of the TID boundary. Section 12: Economic Feasibility The information and exhibits contained within this project plan demonstrate that the proposed TID is economically feasible in so far as: Page 152 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 18 • The City has available to it the means to secure the necessary financing required to accomplish the projects contained within this Plan. A listing of “Method of Financing and Timing of When Costs are to be Incurred” follows. • The development anticipated to occur because of the implementation of this Plan will generate sufficient tax increments to pay for the cost of the projects. This Plan identifies the following: 1) the development expected to occur, 2) a projection of tax increments to be collected resulting from that development and other economic growth within the TID, and 3) a cash flow model demonstrating that the projected tax increment collections and all other revenues available such as debt issuance will be sufficient to pay all Project Costs. To evaluate the economic feasibility of TID #12 it is necessary to project the amount of tax revenue that can be reasonably generated over the legal life of the TID. Included in Exhibit A is a proforma analysis of TID # 12. The proforma analyzes expenses based on project plan costs of TID #12 against projected TID revenue. Tax revenue is conservatively estimated. Cash received from future TID # 12 tax increments will be used to fund project costs and i mplementation of this Plan. In 2054, the final year of revenue collection for the TID, it is projected to have repaid all expenditures and is left with a positive surplus balance. Section 13: Method of Financing and Timing of When Costs are to be Incurred. The City plans to fund project costs with cash received from future TID # 12 tax increments and to issue a developer grant/loan to provide direct or indirect financing for the projects to be undertaken. The following is a list of the types of obligations the City may choose to utilize. General Obligation (G.O.) Bonds or Notes (BAN, NAN, TAN) The City may issue G.O. Bonds or Notes to finance the cost of Projects included within this Plan. Wisconsin Statutes limit the principal amount of G.O. and State Trust Fund Loan debt that a community may have outstanding at any point in time to an amount not greater than five percent of its total equalized value (including increment values). Community Development Authority Lease Revenue Bonds: Pursuant to Section 66.1335 Wisconsin Statutes (i.e., the “Community Development Authority Law”) the City may issue Community Development Authority Lease Revenue Bonds to finance projects included within this Plan. Page 153 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 19 Lease Revenue Bonds are not general obligations of the City and therefore do not count against the City’s borrowing capacity. To the extent tax increments collected are insufficient to meet the annual debt service requirements of the revenue bonds, the City may be subject to either a permissive or mandatory requirement to appropriate on an annual basis a sum equal to the actual or projected shortfall. Tax Increment Revenue Bonds The City has the authority to issue revenue bonds secured by the tax increments to be collected. These bonds may be issued directly by the City or as a Lease Revenue Bond by a Community Development Authority (CDA). Tax Increment Revenue Bonds and Lease Revenue Bonds are not general obligations of the City and therefore do not count against the cities. borrowing capacity. To the extent tax increments collected are insufficient to meet the annual debt service requirements of the revenue bonds, the City may be subject to either a permissive or mandatory requirement to appropriate on an annual basis a sum equal to the actual or projected shortfall. Utility Revenue Bonds The City can issue revenue bonds to be repaid from revenues of the sewer and/or water systems, including revenues paid by the City that represent service of the system to the City. There is neither a statutory nor constitutional limitation on the amount of revenue bonds that can be issued, however, water rates are controlled by the Wisconsin Public Service Commission and the City must demonstrate to bond underwriters its ability to repay revenue debt with the assigned rates. To the extent the City utilizes utility revenues other than tax increments to repay a portion of the bonds, the City must reduce the total eligible Project Costs in an equal amount. Board of Commissioners of Public Lands State Trust Fund Loans The City may issue State Trust Fund Loans to finance the cost of Projects included within this Plan. Wisconsin Statutes limit the principal amount of State Trust Fund Loan and GO debt that a community may have outstanding at any point in time to an amount not greater than five percent of its total equalized value (including increment values). Bonds Issued to Developers (“Pay as You Go” Financing) The City may issue a bond to one or more developers who provide financing for projects included in this Plan. Repayment of the amounts due to the developer under the bonds are limited to an agreed percentage of the available annual tax increments collected that result from the improvements made by the developer. To the extent the tax increments collected are insufficient to make annual payments, or to repay the entire obligation over Page 154 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 20 the life of the District, the City’s obligation is limited to not more than the agreed percentage of the actual increments collected . Bonds issued to developers in this fashion are not general obligations of the City and therefore do not count against the City’s borrowing capacity. Federal/State Loan and Grant Programs The State and Federal g overnments often sponsor grant and loan programs that municipalities may potentially use to supplement TID expenditures or provide financing for capital costs which positively impact the district. These programs include Wisconsin Community Development Block Grants, Rural Development Administration Community Facility Loan/Grants, Transportation Economic Assistance Grants, and Economic Development Administration Grants. These programs require local match funding to e nsure State and Federal participation in the project. The actual amount of debt issuance will be determined by the City at its convenience and as dictated by the nature of the projects as they are implemented. Plan Implementation Projects identified will provide the necessary anticipated governmental services to the area, and appropriate inducements to encourage development of the area. The City anticipates making total project expenditures of approximately $12,550,000 plus financing/interest costs to undertake the projects listed in this Project Plan. The Expenditure Period of this District is 27 years from the date of adoption of the Creation Resolution by the Common Council. The projects to be undertaken pursuant to this Project Plan are expected to be financed primarily with tax increments. The City reserves the right to alter the implementation of this Plan to accomplish this objective. Interest rates projected are based on current market conditions. Municipal interest rates are subject to constantly changing market conditions. In addition, other factors such as the loss of tax-exempt status of municipal bonds or broadening the purpose of future tax -exempt bonds would affect market conditions. Actual interest expense will be determined once the methods of financing have been approved and securities or other obligations are issued. If financing as outlined in this Plan proves unworkable, the City reserves the right to use alternate financing solutions for the projects as they are implemented. Page 155 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 21 Section 14: Annexed Property All lands within the TID proposed for inclusion in this amendment were either within the City limits as of January 1, 2004, or, if annexed after that date, have been within the City for a minimum of three years. Section 15: Proposed Changes in Zoning Ordinances Any changes in zoning that may take place throughout the life of the TID will be consistent with the City’s Comprehensive Plan – Future Land Use Map. Section 16: Proposed Changes in Master Plan, Map, Building Codes, and City Ordinances The City does anticipate that the TID will require changes in the master plan, map, building codes, and City ordinances to implement this project plan. The proposed development and uses are consistent with the a dopted Fort Atkinson Comprehensive Plan. Section 17: Relocation The City does not anticipate the need to relocate persons or businesses in conjunction with this Plan. In the event relocation or the acquisition of property by eminent domain becomes necessary at some time during the implementation period, the City will follow applicable state statues as required in Wisconsin Statutes Chapter 32. Section 18: Orderly Development of the City The creation of the TID will enable the City to undertake projects in furtherance of the stated objectives of its Comprehensive Plan and other planning documents. To this extent, the creation of the TID promotes the orderly development of the City. Page 156 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 22 Section 19: A List of Estimated Non-Project Costs Non-Project costs are public works projects that only partly benefit the TID or are not eligible to be paid with tax increment, or costs not eligible to be paid with Tax Incremental Financing funds. The City does not anticipate any non-project costs for the TID. Section 20: City Attorney Opinion Exhibit B contains a signed opinion from the City attorney advising whether the project plan is complete and complies with Section 66.1105(4)(f) of the Wisconsin Statutes. Page 157 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 23 Section 21: Exhibit A Cash Flow Proforma Analysis Page 158 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 24 Section 22: Estimated Tax Increments By Taxing Entity Page 159 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 25 Section 23: Exhibit B City Attorney Opinion Page 160 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 26 Page 161 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 27 Section 24: Exhibit C TID #12 Boundary Legal Description LEGAL DESCRIPTION – TID #12 LOT 1, BLK 1, MRS. BARRIES ADD. EX N34FT., BEG ON W/L OF N. MAIN ST 191 FT N OF MADISON AV, N84DG12' N 93.5FT TO E/L OF C&NW RR CO, N272FT, S265FT TO POB., LOT 4, BLK 12, MARSTON & PRITCHARD ADD., LOT 21 & S1/3 OF LOT 20, BLK 4, GREEN & RANKIN'S ADD, THE S1/3 BEING 15FT ON THE E & 25FT ON THE W. EX PT IN USH 12 IN DOC 1086061. RERECORD IN DOC 1089994., BEG AT SE/C OF LOT 9, BLK 5, GREEN & RANKIN'S ADD,N138.5 FT,W50FT,S TO A PT ON MADI- SON AV 97.9FT W OF POB, E97. 9FT TO POB. EX PT IN USH 12 IN DOC 1095112., BEG AT SW/C LOT 9, BLK 5, GREEN&RANKIN'S ADD,N100.81FT S89DG46'E 40.3FT,S68DG46'E 18.35FT,E12.52FT SLY TO MAD- ISON AV TO A PT 30FT ELY OF POB, WLY 30FT TO POB. ALSO DRVWY AGRMT IN 334-419., E40FT OF LOT 19, BLK 4, GREEN & RANKIN'S ADD. ALSO E29FT OF S14FT LOT 18., LOT 19, BLK 4, GREEN & RANKINS ADD. EX E40FT., BEG INTERS S/L MADISON AVE & E/L LINCOLN ST, S69DG27'E 126.60FT, S13DG16'W 89.60FT, S89DG52'W 98FT, N131.85FT TO POB. ALSO THAT PT LOT 2 LYG S OF RELOCATED ALLEY. EX .003A IN USH 12 DOC 1092548., LOT 5, BLK 12, MARSTON & PRITCHARD ADD., BEG INTERS S/L MADISON AVE & E/L LINCOLN ST S69DG27'E 126.60FT TO POB, S13DG16'W 89.60FT, SELY ALG CUR RAD 37FT TO EXT OF S/L LOT 1, BLK 11 WM BARRIES ADD, N89DG52'E TO W/L ADAMS ST, N67.81FT, N69DG27'W 145.63FT TO POB., BEG ON W/L OF N MAIN ST. 147 FT N OF N/L MADISON AV,N44FT N84DG12'W TO E/L OF RR ROW, SLY APPROX 50FT, E TO POB., COM SW/C BLK 8 WM J BARRIE'S ADD, S89DG51'E 152.5FT TO C/L VAC WASH ST, N142.47FT TO POB:N95.21FT, N89DG58'W 32.5FT,N70FT TO N/L BARRIE S N89DG58'W ALG SD N/L 120FT N299.72FT, N89DG59'E 54.91FT N0DG02'E 90.62FT TO S/L MAD. AVE, S69DG40'E 69.42FT, S70 DG06'E 515.52FT, S26DG14'W 559.8FT, N89DG51'W 34.71FT, N142.47FT, N89DG51'W 170.01 FT TO POB., BEG AT NE/C LOT 1, BLK 2, ORIG. PLAT,S79FT,W105FT,N90 FT,E105FT,S11FT TO POB., BEG AT NW/C LOT 2, BLK 2, ORIG. PLAT, N11FT,E135FT,S90 FT,W5FT,S41FT,W10FT,S7.5FT, W120FT,N137.5FT TO POB. EX BEG 11FT N OF NW/C LOT 2, E 39.92FT, S70DG23'W 24.25FT, S54DG40'W 22.82FT, S31DG22'W 22.82FT, S15DG37'W 24.44FT TO MAIN ST, N53.37FT TO POB. EX BEG NW/C LOT 6, S6.5FT, ELY TO PT 7.5FT S OF NE/C SD LOT, N7.5FT, W120FT TO POB., LOT 2,EX S25FT OF W30FT&LOT S1&3,BLK 8,WM J BARRIES ADD ALSO W1/2 VAC WASHINGTON ST ADJ., LOTS 7&10 & N21FT LOT 11, BLK 2, ORIG PLAT. EX PT IN CSM 3951-19-81, DOC 1036168, LOT 3, BLK 9, WM. J. BARRIE'S ADD., N45FT OF LOT 4 & S25FT OF W 1/2 OF LOT 2, BLK 8, WM.J. BARRIE'S ADD., LOT 3, BLK 13, A CONT. OF BARRIE'S ADD., S90FT OF LOT 4, BLK 9, WM. J. BARRIE'S ADD., LOT 4, BLK 8, WM. J. BARRIE' S ADD. EX N 45 FT., E70FT OF LOTS 1&4, BLK Page 162 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 28 4, ORIG PLAT., E30FT LOT 2 & W10FT OF E90FT LOT 2 & E90FT LOT 3, BLK 3, WM.J. BARRIES ADD., W30FT LOTS 2&3, BLK 3, WM.J. BARRIES ADD., BEG 40FT E OF NW/C LOT 1,BLK 19, A CONT. OF BARRIE'S ADD, S78.7FT,SE98.5FT TO RIVER- SIDE DR, NE40.5FT,NW TO PT 27FT S OF N/L SD LOT,N27FT, W12FT TO POB. ALSO & SBJ TO ROW IN MISC 5-626. 308 RIVERSIDE DR, N30FT OF LOT 4, BLK 3, WM.J. BARRIES ADD. EX W37.5FT., S1/2 LOT 3 & W10FT S1/2 LOT 4, BLK 4, ORIG PLAT ALSO ESMT IN 688- 989., N30FT LOT 6, BLK 4,ORIG PLAT, BEG 238.5FT NE OF SE/C LOT 2 BLK 19,A CONT. OF BARRIE'S ADD, NW TO S/L D.313-27,NE TO PT 112FT S OF N/L SD LOT, NE TO E/L SD LOT 89.5FT S OF NE/C, S & SE ALG E/L LOT 2 TO SE/C LOT 1 SD ADD,SW-POB., S30FT LOT 5, BLK 4,ORIG PLAT, W48FT OF E104FT LOT 8, BLK 4 ORIG PLAT. SUBJ TO 8FT ROW., N37FT OF W100FT LOT 7, BLK 4 ORIG PLAT. ALSO ROW., N32FT OF E30FT OF W37FT OF LOT 2, BLK 6, ORIGINAL PLAT., N39.5FT LOT 4, BLK 6, ORIGINAL PLAT., S22FT OF N132FT OF LOTS 1&2, BLK 7,WM.J. BARRIES ADD. SUBJ TO A ROW OVER W6FT IN DOC 776412. ALSO 11.6FT ESMT IN DOC 888387., N54FT LOT 8, BLK 2,ORIG PLAT, LOT 9 & S6FT LOT 8, BLK 2 ORIG PLAT. EX PT IN CSM 3951 -19-81, DOC 1036168., LOT 4, BLK 12, WM. J. BARRIE'S ADD., LOT 4, BLK 13, A CONT. OF BARRIE'S ADD., LOT 3, BLK 12, WM. J.BARRIE' S ADD. EX N24FT., W21.5FT OF LOT 1, BLK 3, WM. J. BARRIES ADD., W50FT OF E80FT LOT 2, BLK 3, WM.J. BARRIES ADD., S37FT OF E82.5FT OF LOT 1, BLK 3, WM.J. BARRIES ADD. ALSO ROW IN DOC 153157. ALSO STAIRWAY ROW. ALSO ROW IN DOC 267529., BEG 157FT W OF NE/C LOT 1, BLK 19,A CONT OF BARRIE'S ADD,W28FT,S27FT,SELY TO PT 139.5FT,SW OF SD NE/C, NE 32.5FT,NW TO POB., N1/2 LOT 3, BLK 4, ORIG PLAT ALSO ROW OVER E10FT LOT 2 IN DOC 784105., N80FT OF LOT 10, BLK 3, WM. J. BARRIES ADD. ALSO A ROW IN COMMON OVER N10FT OF S40 FT SD LOT 10., LOT 5 & E6.4FT OF LOT 4, BLK 5,CYRUS CURTIS ADD. EX N60FT OF E 15.28FT OF LOT 5., BEG AT MOST SLY COR LOT 1, BLK 19,CONT. OF BARRIE'S ADD NE45FT, NW98.5FT,N8.7FT,W40 FT TO W/L SD LOT, S&SELY ALG W/L TO POB., BEG 149.5FT NE OF SE/C LOT 2 BLK 19, A CONT. OF BARRIE'S ADD,NE 89FT,NW TO S/L D.313- 27,SE TO PT 120FT S OF N/L SD LOT,W15FT,S105FT,NE7FT, SE126FT TO POB., E56FT LOT 8, BLK 4,ORIG PLAT, S23FT OF W100FT LOT 7, BLK 4 ORIG PLAT. SUBJ TO ROW., N22FT OF LOTS 1&2, BLK 7, WM J. BARRIES ADD,SUB. TO A ROW OVER W6FT. ALSO 11.6FT EASMT IN 804-113., LOTS 8, 9, 10, 11,&12 & W1/2 OF LOT 7, BLK 1, MRS. SNELL' S ADD.ALSO W12.5FT OF C&NW RR ROW. ALSO INF IN DEEDS 399-527 & 409-202., BEG AT THE INTER OF W/L OF N MAIN ST & N/L OF MADISON AV,N147FT,W TO E/L OF RR, SWLY TO N/L OF MADISON AV, SELY TO POB. EX SE 30FT TRI DEEDED TO THE CITY IN DOC 894879., S30FT LOT 6, BLK 4,ORIG PLAT, E20FT LOT 7 & W16FT LOT 8, BLK 4, ORIG PLAT. ALSO ROW., BEG 72FT NE OF SE/C BLK 19, NW 75.5FT,W4FT,N85FT,E4FT,NE 7FT,SE126FT TO PT 77.5FT NE OF POB, SWLY 77.5FT TO POB, LOT 2, BLK 19, CONT OF BAR- RIE'S ADD., E24FT OF N61FT Page 163 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 29 LOT 3 & W37FT OF N61FT OF LOT 2, EX N32FT OF E30FT OF W37FT OF LOT 2, BLK 6, ORIGINAL PLAT., S22FT OF N44FT OF LOTS 1&2, BLK 7,WM.J. BARRIES ADD. SUB TO A 6FT ROW ON W SIDE. ALSO 11.6FT EASMT IN 804-113, S22FT OF N66FT OF LOTS 1&2, BLK 7,WM.J. BARRIES ADD. SUB TO A 6FT ROW ON W SIDE. ALSO 11.6FT EASMT IN 804-113, S41FT OF E110FT OF LOT 4, BLK 2, ORIGINAL PLAT., LOT 1, CSM 3951-19-81., W50FT LOTS 1&4, BLK 4, ORIG PLAT. EX W10FT OF S1/2 LOT 4 SUBJ TO ESMT IN 688-989., E40FT LOT 2, BLK 4,ORIG PLAT SUBJ TO ROW OVER E10FT ALSO ROW OVER E10FT OF N30FT LOT 3, BLK 4., W26FT OF E66FT OF N1/2 LOT 2 BLK 4, ORIG PLAT., N30FT OF W54FT LOT 2, BLK 4, ORIG PLAT., N23FT OF E82.5FT OF LOT 1, BLK 3, WM.J. BARRIES ADD., S30FT OF W80FT LOT 2, BLK 4, ORIG PLAT., BEG AT NE/C LOT 1, BLK 19, A CONT BARRIE'S ADD, SW107FT, NW TO PT 80FT E OF NW/C SD LOT, E TO POB., W21.5FT OF N30FT OF LOT 4, BLK 3, WM.J. BARRIES ADD., S30FT OF LOT 4, BLK 3, WM.J. BARRIES ADD. EX W37.5FT., W21.5FT OF S30FT OF LOT 4, BLK 3, WM.J. BARRIES ADD., N30FT LOT 5, BLK 4,ORIG PLAT, S40FT OF LOT 10 & ALL OF LOT 9, BLK 3,WM.J. BARRIES ADD. SUBJ TO A 10FT ROW IN COMMON OVER N10FT OF S40FT SD LOT10, LOTS 5,6,7&8,BLK 3, WM.J. BARRIES ADD. ADD. INFOIN D., S22FT OF N88FT OF LOTS 1&2, BLK 7,WM.J. BARRIES ADD. SUB TO A ROW OVER W 6FT. ALSO 11.6FT ESMT IN DOC 888387., S22FT OF N110FT OF LOTS 1&2, BLK 7,WM.J. BARRIES ADD. SUB TO A ROW OVER W 6FT. ALSO 11.6FT EASMT IN 804-113., LOT 2 & N1/2 LOT 3, BLK 5, ORIG PLAT., BEG SW/C LOT 2, BLK 19,CONT BARRIE'S ADD,N110FT,E120FT, SE75.5FT,SWLY ALG RIVERSIDE DR 72FT,W132FT TO POB. EX LD IN ST IN DOC 704378. EX PT IN USH 12 IN DOC 1155162., N1/2 E1/2 LOT 1,BLK 6, ORIGINAL PLAT. ALSO ADJ PT OF W1/2 VAC EDWARD ST IN DOC 1151093., LOT 1, CSM 4145-20-179. ALSO ESMT IN DOC 1082187. ALSO COM E/L EDWARD ST & SW/ C SD CSM, S89DG51'E 84.63FT, S10FT, N89DG51'W 84.61FT, N00DG08'W 10FT TO POB. EX COM NW/C SD CSM, S89DG51'E 119.68FT, S10FT, N89DG51'W 119.66FT, N00DG08'W 10FT TO POB., SE/C OF LOT 5, BLK 4, WM J BARRIE'S ADD, LYG SE OF A LINE PARALLEL WITH & 20FT SELY FROM C/L OF C&NWRR CO'S MOST ELY TRACK (LD LEASED TO M. MAZOR). ALSO PT VAC MECHANIC ST IN 1143727., PCL 2, CSM 1202-4-88. ALSO PT VAC MECHANIC ST IN DOC 1169841 & 1169842., LOTS 3 & 6, BLK 12, MARSTON & PRITCHARD ADD., PCL 1, CSM 1202-4-88, LOT 11, BLK 3, GREEN & RAN- KIN'S ADD. EX N66FT. EX PT IN USH 12 IN DOC 1098064., W45FT OF LOT 3, BLK 5, CYRUS CURTIS ADD. ALSO BEG 1.5FT W OF NE/C LOT 3, WLY 13.5FT, S88FT, ELY 13.5FT N TO POB., W55FT OF LOT 1, BLK 5,CYRUS CURTIS ADD & E13.5FT OF LOT 1, BLK 24,A CONT BARRIE'SADD, N60FT OF LOTS 5&6, EX W44.72 FT OF LOT 5, BLK 5, CYRUS CURTIS ADD. ALSO A PCL OF LD W OF C&NW RR 30FT AT SHERMAN AV & 16FT AT ROCK RIVER., LOT 2 & E5FT OF LOT 1, BLK 5 CYRUS CURTIS ADD., N1/2 W1/2 LOT 1,BLK 6, ORIGINAL PLAT. ALSO PT OF FOLLOWING ADJ TO SD PCL: BEG NE/C LOT 2, BLK 6, S89DG55'W Page 164 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 30 1.3FT, S0DG11'W 174FT TO RIV, ELY 2.32FT, N0DG09'W 174FT TO POB. EX PT OF FOLLOWING FROM SD PCL: COM NE/C LOT 2, S89DG55'W 1.3FT, S0DG11'W 78.7FT TO POB, S0DG11'W 87.4FT, S89DG56'E 6.31FT, N0DG04'E 87.4FT, N89DG56'W 6.14FT TO POB., LOT 7, BLK 5, CYRUS CURTIS ADD., LOT 4,EX N39.5FT, LOT 3,EX E 24FT OF N61FT, LOT 2, EX W 37FT OF N61FT, BLK 6, ORIG PLAT. EX BEG NE/C LOT 2, S89DG55'W 1.3FT, S0DG11'W 174FT TO RIV, ELY 2.32FT TO E/L LOT 2, N0DG09'W 174FT TO POB. ALSO COM NE/C LOT 2, S89DG55'W 1.3FT, S0DG11'W 78.7FT TO POB, S0DG11'W 87.4FT, S89DG56'E 6.31FT, N0DG04'E 87.4FT, N89DG56'W 6.14FT TO POB., BEG 11FT W OF NE/C LOT 2,BLK 24, A CONT BARRIE'S ADD,W47 FT, S TO RIV, E47.5FT,N-POB. ALSO DRWY AGRRE DOC 1063403., LOTS 3,4 & 5, BLK 7, WM. J. BARRIES ADD. ADD. INFO DEED 215-318. ALSO 11.6FT EASMT IN 804-113., BEG 132FT S OF NE/C OF BLK 7 WM.J. BARRIES ADD,W120FT,S26 FT,E120FT,N26FT TO POB. SUBJ TO ROW. ALSO 11.6FT ESMT IN DOC 888387., LOT 5, BLK 2, ORIGINAL PLAT., LOT 6, BLK 2, ORIG PLAT., W64FT OF LOT 1 & E11FT LOT 2 BLK 24, A CONT. BARRIE'S ADD, BEG 58FT W OF NE/C LOT 2,BLK 24,A CONT OF BARRIE'S ADD,W 32FT,SW49FT,S TO RIV,E47.5FT N TO POB. ALSO DRWY AGREE DOC 1063403. EX PT IN USH 12 IN DOC 1156039., LOT 2, BLK 24,A CONT.BARRIE' S ADD. EX E 106FT. EX PT IN USH 12 IN DOC 1151769., COM NE/C LOT 4, BLK 5, CYRUS CURTIS ADD, W6.40FT TO POB, W55.10FT, S00DGE 88FT, W13.5 FT, S00DGE 99.79FT, S61DG49' E 71.74FT, N26DG33'E 12FT, N00DGW 203.33FT TO POB. ALSO LD LYG BTW M/L & RIV., ALL LD BTWN RIVERSIDE DR & ROCK RIV. FROM W/L REPLAT ALPETER'S ADD TO W/L BLK 24, CONT OF BARRIE'S ADD. ALSO A TRI PCL BOUNDED ON N BY VAN BUREN ST, ON W BY ROBERT ST & E BY RIVERSIDE DR., S1/2 LOT 1, BLK 6, ORIG PLAT ALSO PT OF FOLLOWING ADJ TO SD PCL: BEG NE/C LOT 2,BLK 6 S89DG55'W 1.3FT, S0DG11'W 174FT TO RIV, ELY 2.32FT, N0DG09'W 174FT TO POB. EX PT OF FOLLOWING FROM SD PCL: COM NE/C LOT 2, S89DG55'W 1.3FT, S0DG11'W 78.7FT TO POB, S0DG11'W 87.4FT, S89DG56'E 6.31FT, N0DG04'E 87.4FT, N89DG56'W 6.14FT TO POB. ALSO ADJ PT OF W1/2 VAC EDWARD ST IN DOC 1151093., BEG NE/C BLK 1, WM.J.BARRIES ADD,N69DG50'W 189.38FT,S63DG 35'E 182.99FT, SELY 26.34FT, N 38.5FT TO POB. U.S.H 12., COM NE/C BLK 1, WM J BARRIES ADD, S23FT TO POB, N63DG35'W 198.49FT TO E ROW/L RR, SWLY ON SD/L 201.1FT, S83DG55'E 163.67FT,S67DG47'W 107.44FT, N TO POB. EX PT IN ST., LOT 1, CSM 6552, DOC 1493301, LOT 2, CSM 6552, DOC 1493301 Page 165 of 295 City of Fort Atkinson TID #12 Project Plan & District Boundary 31 Section 25: Disclaimer Text Robert W. Baird & Co. Incorporated is providing this information to you for discussion purposes. The materials do not contemplate or relate to a future issuance of municipal securities. Baird is not recommending that you take any action, and this informa tion is not intended to be regarded as “advice” within the meaning of Section 15B of the Securities Exchange Act of 1934 or the rules thereunder. Page 166 of 295 City of Fort Atkinson City Manager's Office 101 N. Main Street Fort Atkinson, WI 53538 MEMORANDUM DATE: August 18, 2026 TO: Fort Atkinson City Council FROM: Rebecca Houseman, City Manager RE: Review and possible action on a Resolution adopting the project plan and boundaries for Tax Incremental District (TID) No. 13, City of Fort Atkinson, Jefferson County, Wisconsin (Houseman, City Manager) BACKGROUND The City is proposing to create a new Tax Incremental District (TID) No. 13, generally located in the area around Main Street and then primarily along Water Street, Milwaukee Avenue, and Third Street, located within the City's limits. The project plan, maps, and notices are included with this memo for review by the City Council and the Public. TID 13 will be classified as a blighted district based on the identification and classification of the property proposed to be included within the district. The Plan Commission held a public hearing at their meeting on July 28, 2026, relating to the project plan and boundaries for TID No. 13. DISCUSSION There are 80 parcels proposed to be included in TID No. 13, for a total of about 18 acres of land. The estimated fair market value of the land and improvements in the TID is $23,045,300. If this TID is created, the taxes based on that land value will continue to be distributed to the four taxing jurisdictions. If created, the taxes on the additional value in the TID over its life will go into a separate fund for use in supporting development and installing infrastructure and improvements within the TID. Possible projects include Market Square Improvements, Whitewater Avenue and Main Street Intersection Safety Improvements, South Main Street and South Third Street rehabilitation, public parking lot reconstruction, utility improvement projects, road and intersection improvements, possible City land purchases, park/trail improvements and extensions, entryway signage improvements, regional stormwater improvements, pedestrian/bicycle path extensions and improvements, direct development incentives, financing and interest, and administrative and organizational fees. These projects are further described in the proposed project plan. A public notice for this public hearing was mailed to each taxing jurisdiction on July 7, 2026. In Page 167 of 295 addition, it was published in the Jefferson County Daily Union as a Class 2 Notice on July 14, 2026, and July 21, 2026. The Joint Review Board held its initial meeting to review this matter on July 27, 2026. The Plan Commission held a public hearing on July 28th and adopted a resolution recommending that the City Council approve the project plan and boundaries as submitted. FINANCIAL ANALYSIS Approval of the TID will provide financing for projects within the TID and is expected to increase the overall tax base of the City. RECOMMENDATION Staff and the Plan Commission recommend the City Council adopt the resolution recommending approval of the Project Plan and Boundaries for Tax Incremental District No. 13, City of Fort Atkinson, Jefferson County, Wisconsin. ATTACHMENTS 1. Combined-Public-Notices-Fort Atkinson TID 13 Creation blight 2. 7.7.26 Taxing Entities Public Hearing Notice TID 13 creation 3. Res 1466 TID 13 Creation - Plan Comm 4. 8.13.26 TID #13 Creation Resolution City Council 5. TID#13 creation DRAFT 3 project plan Fort Atkinson 072226 Page 168 of 295 NOTICE OF PUBLIC HEARING AND JOINT REVIEW BOARD MEETING REGARDING THE PROPOSED PROJECT PLAN FOR TAX INCREMENTAL DISTRICT (TID) NUMBER 13 IN THE CITY OF FORT ATKINSON, WISCONSIN NOTICE IS HEREBY GIVEN, that the City of Fort Atkinson will hold an organizational Joint Review Board (JRB) meeting on July 27, 2026, at 3 p.m. in the Municipal Building Council Chambers, located at 101 N. Main Street, Fort Atkinson, WI 53538. The purpose of this meeting is to organize a JRB to consider the proposed project plan for TID 13. The meeting is open to the public. NOTICE IS HEREBY GIVEN, that the Plan Commission, of the City of Fort Atkinson, will hold a public hearing on July 28, 2026, at 4 p.m., in the Municipal Building Council Chambers, 101 N. Main Street, Fort Atkinson, WI regarding the proposed project plan for TID 13 in the City. Access meeting online: https://us02web.zoom.us/j/82214860406?pwd=TEVyUVdQM05VNFVzb0E2TUNTVnZlZz09; Meeting ID: 822 1486 0406; Passcode: 53538; Dial by Location +1 312 626 6799. Contact Sarah Weihert at 920-397-9901 to request accommodation or access assistance. City of Fort Atkinson TID 13 is generally located in the area in the City around Main Street and then primarily along Water Street, Milwaukee Avenue, and Third Street located within the City's limits. TID 13 will be classified as a blighted district based on the identification and classification of the property proposed to be included within the district. Proposed public project improvements may include but are not limited to sanitary sewer and water system improvements, road curb and gutter, intersection, and storm water infrastructure improvements, street improvements, lighting, sidewalks, multi-use trail and park improvements, entryway signage, pedestrian and bicycle path extensions, professional and organizational services, administrative costs, and finance costs. As part of the project plan, cash grants may be made by the City of Fort Atkinson to owners, lessees, or developers of property within TID 13. The proposed costs include projects within the proposed boundary and within a one-half mile radius of the boundary of the district. At the public hearing, all persons will be afforded a reasonable opportunity to be heard concerning the proposed project plan. A copy of the TID 13 project plan and boundary is available for inspection and will be provided upon request. Arrangements for either inspection or receipt of a copy of the project plan may be made by contacting the City Manager, Municipal Building, 101 N. Main Street, Fort Atkinson, WI 53538; Phone (920) 397-9901. Dated the 6th day of July 2026 Rebecca Houseman City Manager Publication Date: July 14, 2026 and July 21, 2026. Page 169 of 295 VIA EMAIL-RETURN RECEIPT REQUESTED July 7, 2026 Michael Luckey, County Administrator, Jefferson County Shawna Marquardt, Dean of Regional Campuses, Madison Area Technical College Nathan Knitt, Director of Business Services, School District of Fort Atkinson Rebecca Houseman, City Manager, City of Fort Atkinson Jonah Ralston, City of Fort Atkinson resident, Public Member (nominated) RE: Notice of Public Hearing and Joint Review Board dates-Regarding Proposed Project Plan & District Boundary for Tax Incremental District No. 13 of the City of Fort Atkinson, Wisconsin Dear Joint Review Board Member, The City of Fort Atkinson is proposing the creation of Tax Increment al District No. 13 in the City. Pursuant to Section 66.1105 of Wisconsin Statues, we need to hold our first meeting of the Joint Review Board within 14 days from the first public notice publication on July 14, 2026, and before the public hearing scheduled for July 28, 2026. This letter is to inform you that a public hearing will be held on Tuesday, July 28, 2026, at 4 p.m. in the Fort Atkinson Municipal Building Council Chambers, 101 N. Main Street, regarding the Proposed Project Plan and District Boundary for Tax Incremental District No. 13 of the City of Fort Atkinson, Wisconsin. The Wisconsin Tax Incremental Law provides that a Joint Review Board must be established with respect to the proposed project plan and must include members chosen by Jefferson County, Madison Area Technical College, School District of Fort Atkinson, City of Fort Atkinson and one public member chosen by a majority of the other Joint Review Board members. The first meeting of the Joint Review Board will be held on Monday, July 27, 2026 at 3 p.m. in the Fort Atkinson Council Chambers, 101 N. Main Street. The purpose of the meeting will be to review the role of the Joint Review Board, elect a chairperson and a public member, and discuss the district’s creation. Enclosed is a copy of the agenda for that meeting and a copy of the notice of public hearing for the Proposed Project Plan and District Boundary of Tax Incremental District No. 13. The second Joint Review Board meeting has been scheduled for Monday, August 31, 2026 at 3 p.m. Thank you for your cooperation in this important matter. If you have any questions or require further information, please contact me at 920-397-9901 or rhouseman@fortatkinsonwi.gov. Sincerely, Rebecca Houseman City Manager Page 170 of 295 Page 171 of 295 Page 172 of 295 Resolution Formally Establishing the Boundaries of and Approving the Project Plan for Tax Incremental District No. 13 ESTABLISHING THE BOUNDARIES OF AND APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NO. 13, CITY OF FORT ATKINSON, JEFFERSON COUNTY, WISCONSIN WHEREAS, pursuant to Wisconsin Statutes §66.1105 the City of Fort Atkinson has determined that use of Tax Incremental Financing is required to promote development and redevelopment within the City; and WHEREAS, Tax Incremental District No. 13 (“the district”) is proposed to be created as a “blighted area district” based on findings that at least 50 percent (by area) of the real property within the District is a blighted area; and WHEREAS, a Project Plan for Tax Incremental District No. 13 has been prepared that includes the following: 1. A statement listing the kind, number, and location of proposed public works or improvements within the district. 2. An economic feasibility study. 3. A detailed list of estimated projects costs. 4. A description of the methods of financing all estimated project costs and the time when the related costs or monetary obligations are to be incurred. 5. A map showing existing uses and conditions of real property in the district. 6. A map showing proposed improvements and uses in the district. 7. Proposed changes of zoning ordinance, master plan, map, building codes, and City Ordinances. 8. A statement of the proposed method for relocation of any person to be displaced. 9. A statement indicating how creation of the district promotes the orderly development of the City. 10. A list of estimated non-project costs. 11. A section for the eventual insertion of a boundary legal description to be completed upon approval of this resolution. 12. A section for the eventual insertion of An Opinion of the City Attorney advising that the plan is complete and complies with Wis. Statute §66.1105(4)(f); and WHEREAS, in accordance with the procedures specified in the Tax Increment Law, the Plan Commission, on July 28, 2026, held a public hearing concerning the project plan and boundaries and proposed creation of the district providing interested parties a reasonable opportunity to express their views on the proposed creation of a tax incremental district and the proposed boundaries of the district; and WHEREAS, after said public hearing, the Plan Commission adopted a resolution and recommended to the City Council that it create the district. Page 173 of 295 Resolution Formally Establishing the Boundaries of and Approving the Project Plan for Tax Incremental District No. 13 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Atkinson that: 1. The Recitals set forth above are incorporated herein and are made an enforceable part of this resolution. 2. The boundaries of the district are hereby approved and established, only includes whole parcels and is contiguous, as legally described in Exhibit A attached and incorporated herein by reference. 3. The City of Fort Atkinson hereby creates Tax Increment District No. 13 on August 18, 2026, effective January 1, 2026. 4. The City Council finds and declares that: a. At least 50 percent (by area) of the real property within the District is a blighted area as defined in Wisconsin Statute Section 66.1105(2)(ae)1. b. Based upon the findings, as stated in (a) above, the District is declared to be a blighted area district based on the identification and classification of the property included within the district. c. The project costs relate directly to eliminating blight in the district consistent with the purpose for which the district is created. d. The equalized value of the taxable property in the district plus the value increment of all other existing tax incremental districts within the City does not exceed 12% of the total equalized value of taxable property within the City. e. The improvement of the area is likely to significantly enhance all the other real property’s value in the district. f. The private development activities projected in the Project Plan would not occur without tax incremental financing. g. Confirms the project plan “is feasible and in conformity” with the City of Fort Atkinson’s master plan. h. The City estimates less than 35% of the territory within the district will be devoted to retail business at the end of the district’s maximum expenditure period, pursuant to Section §66.1105 (5)(b) of the Wisconsin Statutes. i. Confirms for any annexed parcels not within the municipality’s boundaries on January 1, 2004, three years have elapsed since the territory was annexed. 5. The Project Plan, prepared by Robert W. Baird & Co. dated August 18, 2026, which is incorporated herein in its entirety by reference, is approved and adopted and the City further finds that plan is feasible and in conformity with the master plan of the City. BE IT FURTHER RESOLVED THAT the City Clerk is hereby authorized and directed to apply to the Wisconsin Department of Revenue, in such form as may be prescribed, for a Page 174 of 295 Resolution Formally Establishing the Boundaries of and Approving the Project Plan for Tax Incremental District No. 13 “Determination of Tax Incremental Base”, as of January 1, 2026, pursuant to the provisions of Section §66.1105 (5) (b) of the Wisconsin Statutes. BE IT FURTHER RESOLVED THAT the City Assessor is hereby authorized and directed to identify upon the assessment roll returned and examined under section §70.45 of the Wisconsin Statutes, those parcels of property which are within the District, specifying thereon the name of the District, and the City Clerk is hereby authorized and directed to make similar notations on the tax roll made under Section §70.65 of the Wisconsin Statutes, pursuant to Section §66.1105(5)(f) of the Wisconsin Statutes. Adopted this 18th day of August 2026 City of Fort Atkinson By ______________________________ Kyle Jaeckel, President CERTIFICATION I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Fort Atkinson on the 18th day of August 2026. ____________________________ Michelle Ebbert, City of Fort Atkinson City Clerk Page 175 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 1 Project Plan & District Boundary Tax Incremental District No. 13 in the CITY OF FORT ATKINSON, WISCONSIN August 18, 2026 (Approved Actions) Organizational Joint Review Board Meeting Held July 27, 2026 Public Hearing Held July 28, 2026 Adopted by Planning Commission July 28, 2026 Adopted by City Council August 18, 2026 Adopted by Joint Review Board August 31, 2026 Prepared in part by: Robert W. Baird & Co. Public Finance 777 E. Wisconsin Ave. Milwaukee, WI 53202 800.792.2473 Page 176 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 2 Table of Contents Section 1: City of Fort Atkinson Officials ............................................................................... 3 Section 2: Introduction and Description of District ............................................................... 4 Section 3: Summary of Findings ............................................................................................ 5 Section 4: Map of Proposed District Boundary ...................................................................... 8 Section 5: One Half Mile Radius Map of Proposed District Boundary ..................................... 9 Section 6: Map Showing Existing Uses and Conditions ........................................................ 10 Section 7: Preliminary Parcels List and Analysis ................................................................. 11 Section 8: Equalized Valuation Test .................................................................................... 12 Section 9: Statement of Kind, Number and Location of Proposed Projects .......................... 13 Section 10: Maps Showing Proposed Improvements and Uses ............................................ 13 Section 11: Detailed List of Project Costs ............................................................................ 16 Section 12: Economic Feasibility ......................................................................................... 17 Section 13: Method of Financing and Timing of When Costs are to be Incurred. ................. 18 Section 14: Annexed Property ............................................................................................. 21 Section 15: Proposed Changes in Zoning Ordinances .......................................................... 21 Section 16: Proposed Changes in Master Plan, Map, Building Codes, and City Ordinances .. 21 Section 17: Relocation ........................................................................................................ 21 Section 18: Orderly Development of the City ...................................................................... 21 Section 19: A List of Estimated Non-Project Costs .............................................................. 22 Section 20: City Attorney Opinion ....................................................................................... 22 Section 21: Exhibit A Cash Flow Proforma Analysis ............................................................. 23 Section 22: Estimated Tax Increments By Taxing Entity ..................................................... 24 Section 23: Exhibit B City Attorney Opinion ........................................................................ 25 Section 24: Exhibit C TID #13 Boundary Legal Description ................................................. 27 Section 25: Disclaimer Text ................................................................................................ 30 Page 177 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 3 Section 1: City of Fort Atkinson Officials City Council Kyle Jaeckel President Davin Lescohier President Pro Tem Bruce Johnson Council Member Peggy Huckabee Council Member Jena Price Council Member City Staff Rebecca Houseman City Manager Michelle Ebbert City Clerk/Treasurer/Finance Director Zach Navin Director of Public Works David Westrick City Attorney Jedidiah Draeger Director of Neighborhood & Building Services Sarah Weihert Public Relations/Executive Assistant Planning Commission Rebecca Houseman, Chairperson Diana Shull Peggy Huckabee, Council Representative Vacant Citizen Position John Ciccarelli Zach Navin, Secretary Eric Schultz Joint Review Board Rebecca Houseman City Representative - Chairperson Michael Luckey Jefferson County Shawna Marquardt Madison Area Technical College Nathan Knitt Fort Atkinson School District Jonah Ralston Public Member Page 178 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 4 Section 2: Introduction and Description of District The City plans to use Tax Incremental Financing (“TIF”) as a successful economic development programming tool by providing public improvements and development incentives to encourage and promote residential and commercial development. The goal is to increase the t ax base, to create and enhance economic opportunities, and to increase housing options within the City. The City works with developers and property owners to provide infrastructure improvements and incentives for development. Public infrastructure and property improvements will be financed by a combination of TIF increments and debt financing. The Tax Increment District (“TID”) is being created as a “Blight District” based on the identification and classification of the property proposed to be included in the TID. Not less than 50% by area of the real property within the District is a blighted area as defined by Wis. Stat. § 66.1105(2)(ae)1. A blighted area is property that may consist o f but is not limited to structural deterioration, health and safety hazards, environmental issues, or economic stagnation. The maximum life (absent extension) of the TID is 27 years from the date of adoption. Tax incremental financing is being proposed to encourage and support development within the District. Said financing is intended to be used for the projects outlined in this Project Plan (“Plan”). The District is located wholly within the City of Fort Atkinson. Any proposed and potential new development will generate additional property taxes (tax increment) that will be used to offset the cost of the public investments resulting from, or needed by, the new development. Planned or potential development projects are detailed in the Statement of Kind, Number and Location of Proposed Projects section of this Plan. The City anticipates various public improvement project cost expenditures of approximately $17,425,000 including financing/interest costs during the TID’s 22-year expenditure period. Proposed public project improvements may include but not limited to developer incentives in the form of cash grants or TID loans, infrastructure improvements, professional and organizational services, administrative costs, and finance costs. As a result of the creation of this TID, the City projects a preliminary and conservative cash flow analysis indicating approximately $20,162,000 in increments. The TID increment will primarily be used to pay the debt service costs of the TID, project costs within the TID, and project development incentives. The increment may be used for bicycle/pedestrian connections , street/sidewalk improvements, riverwalk and streetscape improvements, and Page 179 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 5 other infrastructure improvements within the vicinity of the district. The City projects land and improvement values (incremental value) of approximately $32,500,000 will be created in the TID by the end of 20 53. This additional value will be a result of the improvements made, and projects undertaken within the TID. If the project generates less in value than anticipated, any shortfall in paying of the loan incentive is borne by the developer. Maps depicting the boundaries and existing uses and conditions of the TID are found in the respective mapping sections of this Plan. Section 3: Summary of Findings As required by Wis. Stats. § 66.1105, and as documented in this Project Plan and the exhibits contained and referenced herein, the following findings are made: 1. That the area described herein on the boundary map (page 6) is a blighted area as defined in Section 66.1105(2)(ae), Wisconsin Statutes, that the property substantially impairs or arrests the sound growth of the city and is in need of redevelopment and that “but for” the creation of this TID, the development projected as detailed in this Project Plan: 1) would not occur; or 2) would not occur in the manner, at the values, or within the timeframe desired by the City. In making this determination, the City has considered the following information: • Development within the TID has not occurred at the pace anticipated by the City. Infrastructure and other development related expenses are not likely to be borne exclusively by private developers; therefore, the City has concluded that public investment will be required to fully achieve the City’s objectives for this area. • To achieve its objectives, the City has determined that it must take an active role in encouraging development by making appropriate public expenditures in the area. Witho ut the availability of tax increment financing, these expenditures are unlikely to be made. Enhancement of this area will complement existing venues in the City, and benefit, not only the City, but all overlapping taxing jurisdictions. Accordingly, the costs to implement the needed projects and programs are appropriately funded through tax increment financing. • In order to make the area included within the TID suitable for development, the City will need to make a substantial investment to Page 180 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 6 pay costs of some or all of the projects listed in the project plan and to maintain a rent structure that does not exceed the upper end of market levels. Due to the public investment that is required, the City has determined that development of the area will not occur at the pace or levels desired solely as a result of private investment. 2. The economic benefits of the Tax Incremental District, as measured by increased property values, are sufficient to compensate for the cost of the improvements. In making this determination, the City has considered the following information: As demonstrated in the Economic Feasibility Section of this Project Plan, the tax increments projected to be collected and the debt issuance will be more than sufficient to pay for the proposed project costs. On this basis alone, the finding is supported. 3. The benefits of the proposal outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing jurisdictions. Since the development expected to occur is unlikely to take place without the use of Tax Incremental Financing (see Finding #1) and since the TID will generate economic benefits that are more than sufficient to compensate for the cost of the improvements (see Finding #2), the City reasonably concludes that the overall benefits of the TID outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing jurisdictions. It is further concluded that since the “but for” test is satisfied, there would, in fact, be no foregone tax increments to be paid in the event the TID is not created. 4. The improvements to be made within the TID are likely to significantly enhance the value of substantially all other real property in the City surrounding the TID. 5. The equalized value of taxable property of the TID does not exceed 12% of the total equalized value of taxable property within the City. 6. The Project Plan for the TID is feasible and is in conformity with the master plan of the City. 7. The City estimates that less than 35% of the territory within the District will be devoted to retail business at the end of the District’s maximum expenditure period, pursuant to Wisconsin Statutes Sections 66.1105(5)(b). Page 181 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 7 8. The TID is being created by the City as a blight district. As described in Finding #1 above, 50% or more of the proposed district’s area is a blighted area. Page 182 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 8 Section 4: Map of Proposed District Boundary Current Map is reflective of the 01/01/2026 parcel list. Page 183 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 9 Section 5: One Half Mile Radius Map of Proposed District Boundary Page 184 of 295 City of Fort Atkinson TID #13 Project Plan & District Boundary 10 Section 6: Map Showing Existing Uses and Conditions Page 185 of 295 City of Fort At