It is Tuesday, August 18th, 2026, 7 p.m.
I will call the city council meeting to
order. Clerk Tone, would you please call
RO?
>> Council member Huckabe
>> here.
>> Council member Johnson
>> here.
>> Council member Lascoer
>> here.
>> Council member Price
>> here.
>> President Jen
>> here. Thank you. Item three, pledge of
allegiance. I invite everybody to stand.
To the flag of the United States of
America and to the republic for which it
stands. One nation under God,
indivisible, with liberty and justice
for all.
» Thank you. Item four, 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.
» I move to approve the consent agenda as
listed items 4 A through G.
>> Second.
>> We have a motion and a second. Any
discussion?
Seeing [snorts] none, all those in
favor, please signify by saying I.
>> I.
>> Any opposed? Motion carries. Item five,
public hearings. Tonight we have none.
Item six, public comment for matters on
the agenda. The city council will
receive comments from city residents.
Comments are limited to three minutes
per individual. Anyone wishing to speak
is required to sign up in advance or
state the following for the record when
called upon. Name, address, and contact
information. Note for those on Zoom, if
you wish to speak, please raise your
virtual hand as the chat box is not
monitored and those on the call must
remain muted unless recognized to speak.
Uh, starting off tonight, we have one
person in person signed up, Dave
Sculland,
>> Dan, sorry.
>> Yeah,
>> for the public comment for the first
part.
>> Yeah.
>> Can you come up to the microphone and
state your name and address for the
record, please? Just make sure that
green light is on before you start
speaking.
Okay, press that button.
>> There we go. Hi, my name is Dan Scullan.
Um, born and raised here in Fort
Atinson.
>> Can I just get your address for the
record right away?
>> Yes. 614
Monroe Street.
>> Thank you.
>> Yeah. Um, my concern, and it sounds like
it's been uh talked about before, but
there is just a plethora of electric
vehicles being driven in and around
town. Um, many of the pilots of these
vehicles are really, really little.
They're on the sidewalks. They're in the
streets. They're going from the
sidewalks into the streets. They're not
looking where they're going. And um on
my street alone, it's a regular
occurrence to see uh electric
motorcycles with uh two kids on the same
bike, same time coming down the street,
lickety split, no helmets, wearing
shorts, tennis shoes, and I'm just
really concerned. I myself have had a
couple of uh
incidents, let's just call them, where
uh I've had to break abruptly for uh a
kid, almost always a kid that's coming
through an intersection or coming off
from a sidewalk and onto the street. And
I understand that there's some work
being done on this. Um, and hopefully uh
we can get something done to uh keep
somebody from being seriously hurt. I
also understand that [clears throat]
there's a problem with um the uh
motorized bicycles that there's a
distinction that allows them to be on
the uh on the roads. And I'm just
curious if if says on all of the U bike
paths it says no motorized vehicles.
Well, yes, these things have pedal
pedals, but 60% or more of the time
they're not being pedal and they're
going far faster than normal person
would be riding the bike. So, I'm just
hoping that uh something can be done so
we don't have a real tragedy.
And that's all I really came for.
>> Thank you.
>> Yep.
>> All right. Uh we don't have anyone else
signed up for in person for the first
public comment. So, this will be a first
call for anyone on Zoom wishing to
provide public comment for matters on
the agenda.
Is that you? Uh, Miss Brooks,
you need to unmute yourself.
Mrs. Brooks, you need to unmute
yourself. We can't hear you.
Hi, I'm Jean Brooks. I live on 1113 LC
Street in Fort Atkinson
and um I just want to say that um as an
elderly person
I I really like riding my electric
bicycle and it's very helpful for me to
get around with that and I so I hope
that we take that into consideration and
that's really all I wanted to say.
>> Okay. Thank you. Thank you.
>> All right, this will be a second call
for anyone on Zoom wishing to provide
public comment.
Third and final call.
Seeing none, we will close out public
comment and move on. Item seven,
petitions, requests, and communications.
7A is a proclamation celebrating Jeff
Armstrong on the occasion of his
retirement and proclaiming August 18th,
2026 as Jeff Armstrong Day in the city
of Fort Atinson. We have director of
public works Nean tonight.
>> Thank you. Uh just a couple of remarks
here before we present the proclamation.
Uh just want to give a sincere thank you
and and show the gratitude and
appreciation from the city of Fort
Atinson for Jeff and his time with the
city of Fort Atinson. Jeff has spent
count countless nights and weekends with
the fire department. Was on call 247 for
over a decade as the city electrician
and has spent the past roughly two years
ensuring a safe drinking water supply
for the city of Fort Atinson and
tackling big projects such as the lead
service line replacement project. Uh
time it's time for Jeff to relax, enjoy
the fruits of his labor, spend time with
the grandkids and everything else that
retirement brings. and just want to
again give a big thank you and uh
gratitude and appreciation from the city
of Fort Atinson.
>> All right. Thank you.
>> I move to approve the proclamation
celebrating Jeff Armstrong on the
occasion of his retirement and proclaim
August 18th, 2026 as Jeff Armstrong day
in the city of Fort Atinson.
>> Second. [clears throat]
>> We have a motion and a second. Any
further discussion?
I will happily read this one uh off. Uh
we have a proclamation recognizing Jeff
Armstrong on the occasion of his
retirement and proclaiming August 18th
as 2026 as Jeff Armstrong day. Whereas
the city of Fort Ainson would like to
recognize Jeff Armstrong on his 23 years
of service to the city of Fort Ainson
between the Fort Atinson Fire
Department, a city electrician and most
recently as water utility
superintendent. Whereas Jeff Armstrong
Jeff started his career as a city as a
paid on call firefighter for 23 years.
And whereas Jeff where for 11 years Jeff
served as a city electrician and whereas
Jeff stepped up as a water utility
superintendent and has served that
position for nearly four years. Whereas
has helped to oversee the lead service
line replacement process. And whereas
the city of Fort Ainson values the
experience, the dedication of Jeff
during his time with the city, the Fort
Atinson water depart utility.
And whereas the working for the city,
Jeff has brought his experience and
skill to his position. And now
therefore, I, Kyle Jacel, city council
president of the for city of Fort
Atinson, and my council colleagues, do
hereby recognize Jeff Armstrong on his
retirement from the city of Fort Atinson
after 23 years of distinguished service
and proclaim August 18th, 2026 as Jeff
Armstrong Day in the city of Fort
Atinson.
So with that, I will we have the motion,
a second. All in favor? I.
>> Any oppose?
Motion carries. Invite Jeff come up for
a picture.
» Thank you all. It's been a pleasure
meeting all of you and working with you.
Same entire city. I'm going to miss it.
A lot of friends, a lot of a lot of good
times. So, thank you so much. Thank you
very much.
Get your gift.
I want to hold it too.
Thank you.
>> Thank you very much.
again. [laughter]
» I will just note it has been a great pleasure working
with Jeff not only as being on council
but in my regular full-time job of
professional development with them. So
>> thank you.
Jeff.
» [laughter]
>> You've put your time in. Thank you very
much, Jeff.
>> We'll see you soon, I'm sure.
>> All right, moving on to item 8,
resolutions and ordinance. 8A is a first
reading of an ordinance to amend section
58-148
of the city of Fort Atinson municipal
code relating to the sale of tobacco,
nicotine products, electronic smoking
devices, and electronic smoking device
paraphernalia near certain locations. We
have police chief bump tonight.
>> Hello everyone.
Uh so back in 2022, we it was the last
time we updated this ordinance and
included specialized locations like
schools where we wanted to try to keep
some of these uh shops that are
dedicated to selling nicotine, tobacco,
vape products uh too close to our
schools and too close to our youth. Um,
as time has gone by, uh, I took another
look at this ordinance recently and
realized there's a couple other
locations that we should probably not be
losing focus on. And that's some of our
locations where we put a lot of time and
effort into mentoring youth, not only
during the school hours, but after hours
as well. Um and then additionally while
we went through that ordinance and
through the ordinance review committee
identified some other areas like
increasing the age to 21 so it aligns
with the state and federal government
guidelines and so our ordinances in
line. Uh some of the kind of the main uh update in the ordinance
beyond the 21 years old though is
identifying and um defining what
locations are so they make sense. And
that would be locations uh that mentor
our youth. And through my research, we
came up with language that identified
those uh locations. And in the ordinance
draft and also in the memo, you can see
that uh we talk about youth serving
organizations, youth centers, and any
out of time out of school time
programming locations. And that's from
what I learned that is a more of a legal
term to identify some of those
locations. So, I updated the
restrictions to include those locations
and then also city parks where we know a
lot of our youth uh spend time in the
hopes that we can reduce the amount of
businesses that might open up near those
locations, but also not losing focus on
the point that these are for businesses
that make 50% or more of their profit
from the sale of those specific items.
So, a gas station, a grocery store, a
convenience store, those would not fall
in line with this. But a store
specifically that sells those items like
a like a tobacco or vape specific
business, we would want to restrict them
from being too close to those youth
areas. Uh, and try to prevent their
either intentional or unintentional
marketing that often grabs the attention
of our youth. Um, I'm open to any
questions and I know there are going to
be a few. Uh so uh let me have it.
>> Uh first uh I I did we did provide uh
the city council with a with a map um of
uh what this uh what the thousand foot
radius that's proposed um looks like for
city parks uh and uh after out of school
youth programming locations and youth
centers. uh as well as what the current
ordinance uh already uh where the
current ordinance already prohibits
these shops which is within a thousand
feet of a public or private school. So I
will um go ahead and um pull uh that up
so the public can see it uh as well
here.
I'm looking at your map and it
doesn't like look like a radius. It
looks like 90% of the city won't be able
to have that. Um,
how old do you have to be to buy these
products?
>> 21. And that's why we're looking to
upgrade update that part of the
ordinance as well. So, 21 years old.
>> That's a state law. Correct. 21.
>> State and federal law. Correct.
>> And Fort Atkinson is going to supersede
that with its own law.
>> No, we're going to adopt and and align
with those standards.
Um,
so these products are legal to sell in
the format they're being sold now, but
we're going to make them illegal to be
sold, but only at certain location. Not
here, but here, here, not here. Like if
you're a gas station, you can sell them.
>> So the city ordinance is written in a
way that allows any business that sells
these products where they sell other
items um that it wouldn't affect those.
So, no gas station, grocery store, no
existing business would be impacted by
this ordinance change. This would be a
new business that's solely focused on
the sale of tobacco, nicotine, vape
products as defined by the ordinance in
state law, would not be allowed to open
that store if it was too close to any of
these locations where our youth uh
congregate.
>> The map you provided me doesn't look
like it'd be too close. anywhere in Fort
you couldn't go pretty much.
>> And like I said, it doesn't impact any
current businesses. It would only be
future businesses that are solely
focused on the sale of these items.
>> So, it's it's curbing any new businesses
coming into town versus the existing
businesses.
>> Any new tobacco, vape or nicotine
stores, it would make them they would
have to follow a little bit more
stringent uh positioning and they
couldn't just open anywhere. Correct.
the ones that are open now, if they if
[snorts] the change of ownership
appeared, would that affect the the
change of ownership?
>> No. It's only for a new business that
doesn't already exist that wants to move
into that space.
>> So, I assume that we acknowledge that we
must have a problem with people under 21
using these products. Correct.
>> Uh around the world, correct?
>> Well, in a city of Fort, where are they
buying them? Um, I think there's lots of
ways that youth get items that they're
not legally able to obtain. Uh, so they
can get them from fake IDs, from buying
them without being IDed, friends that
are old enough, family that's old
enough, taking them from family or
friends. I think there's lots of ways
that youth get a hold of items like
nicotine.
>> This this will will curb that.
>> This will probably not curb that. What
we're trying to do is reduce uh the
opportunity for youth to be to find it
intriguing to try. We're trying to do
our part at the local level as well as
the state and federal level. They do
their do what they do because our goal
as a society is to reduce nicotine use,
youth smoking, uh because there are
gateways to other things like alcohol
and drugs as well.
>> We want to reduce that. I'm I'm not
trying to bump heads with you, but I'm
sure that I am to some degree bumping
heads with you. You're just asking
questions and I'm okay answering them
>> because I see law being generated by
state officials who are elected and that
city officials who are not elected
shouldn't generate laws in my opinion
and looks like we're generating a new
law and we're targeting certain people
in certain locations and
it it's already ineffective. It's not
going to change because the same people
are doing it. They're just going to go
to Jefferson and get what they want or
they're going to go to Helenville and
get what they want. It's not going to
change anything. So, all we're doing is
exercising uh a power play on taking
over stuff in a position that we're
going to be ineffective and not do it
anyways.
>> I would wager to say that my philosophy
on crime prevention and public safety
vary a lot from yours. I don't see it
that way. I think that we equally at all
municipal levels and as adults, parents,
mentors of youth need to do anything we
can to leverage situations in our power
to help make our community safer and our
kids safer.
>> Okay. Um so these sales won't be allowed
at these places to people over 21
either. Correct.
>> Any store that opens in the city can
legally sell that item from their store.
we we're not infringing on the ability
to sell items legally in the city.
>> This ordinance just um doesn't allow it
to be that store to be opened from
certain distances of areas that we find
appropriate to protect where our youth
are um most commonly at. Uh I that
sounds correct in a lot of ways to me,
but this map that you provided us with
doesn't follow that near certain
locations. It's like inside the city
limits, it's not going to be permitted.
That's a little different than just near
someplace.
>> We currently have eight correction, I
looked at the wrong. We currently have
16 locations in the in the city that are
licensed where you can go buy any of
these products that people who use those
products uh can go buy them at. So, I
don't think that we're restricting the
opportunity to buy them. We're just
selecting locations where we would
rather you not sell those items because,
like I said, we're trying to look out
for the youth in our community. We want
to prevent them from smoking uh and
using vape, which can sometimes get out
of control. We put a lot of time and
effort every year into coaching,
mentoring, and developing our youth. Our
police department does that with our
DARE program specifically towards drugs
and nicotine. Um, and so like our goal
is to do other things, not just one
thing to help prevent our youth from
picking up habits that are unsafe uh for
them. And that's I feel is a important
part of what I do or what I've done in
my 28-year career is to do everything I
can to leverage the abilities of our
community to make sure it's safe and our
kids are safe.
>> And I again I I don't like the idea of
bumping heads with you. I don't like the
idea that young kids use these things,
but the state the state has already
forbidden it. The state has already made
it illegal. Um, we've they have been
ineffectual and unable to curb it now,
even in the city of Fort. This should do
nothing.
>> I guess if we had that approach in a lot
of different areas, we'd live in a lot
different world. But we always try our
best to do things that we think are
going to positively impact the safety of
our community.
>> Other questions?
>> Not to cut you off there, Bruce, but um
can we allow some of the other council
members to kind of ask a few questions?
>> Okay.
>> Thank you.
>> When they're done, I probably will talk
again.
>> Okay. Um, I had asked to see if you
could bring some information on the
stats for enforcement of violations by
minors and retailers that we have in
port. I was able to find the Jefferson
County and state stats, but I also
wanted to correct in my research. I
found the federal [clears throat] put in
the 21 um age limit on the federal level
in 2019
and the state has not yet adopted that.
It's still 18 in the state. So I have
some questions about that but okay
>> I just wanted to correct that for you.
>> Go ahead.
>> Um you had asked about efforts that we
take and and our enforcement actions. So
our agency our city uh along with the
whole county of Jefferson are part of
Wisconsin winds and Wisconsin winds
comes out and does an annual check at
every one of our licensed facilities in
the city every year. Uh, and what we do,
and it's more, it's not necessarily
enforcement, but it's a check and
verify, educate, and remind all of our
retailers in the city, uh, to make sure
you're carding, make sure you're not
selling to minors. Um, and if any of the
retail retailers do sell to minor, then
we address it with them, educate,
mentor, make sure that, you know,
they're fixing that and working with
their employees to do better. the other
locations that don't sell and pass the
test, they get a nice letter. Uh, and
then we annually, uh, as a city, uh,
write a nice little letter and do a a
social media blast on it as well to kind
of draw attention to that.
>> So, that's one big enforcement area that
we take. Our school resource officer
really runs into most of these
violations because he's at a location
where most of our youth are during the
day. Um, so a lot of enforcement action
doesn't always end up in a citation or a
documented um,
u warning, but sometimes it's
confiscation. It's school discipline
instead of police discipline or law
enforcement discipline, I should say,
actually. Um, and so it's handled at a
school level. They're confiscated and
destroyed. And but there is still
enforcement action that happens uh by
our officers. So in the last you would
ask 2024 25 and year to date 2026.
>> So 2024
um juveniles in possession of vape we
had 10 citations issued in 24 11 and 25
and we have four so far this year. Uh
juveniles in possession of controlled
substances which goes along with our the
vapes. A lot of times we seize a vape
and it we find out that it's THC vape.
um six citations um actually seven
citations are separated here. Sorry. Uh
in 2024, eight in 2025, and five so far
or four so far in 2026. And then
juveniles purchasing tobacco or vape,
we've had one every single year for the
last three years where that was
addressed um because they purchased
them.
>> Okay. I appreciate that because what I
found too is the putting that federal
law in um and correct me, you might know
this better than I do, but the all
[clears throat] of the main retailers
have to adhere to the federal law.
>> Yep.
>> And um so they're carding anyone that
they think is under 21.
>> I'm not sure why the state hasn't
adopted or changed along with it. Maybe
it's out of necessity that there isn't a
need to because you can't be less
restrictive than the federal government.
And I'm assuming that's why they haven't
done anything with it.
>> Uh so
>> there are some bills on the floor. So
hopefully
>> it wouldn't surprise me, you know, like
we bring ordinances to you like the
ebike one we'll talk about later where
you know things have changed so we
should update our ordinance so it aligns
with and doesn't contradict. So
>> well and the the trend has been from
what I had seen since that federal age
limit went in place the trend has been
going down which is excellent and then
the ordinances that municipalities have
put in you know limiting the space
whether it be 1,000 ft 500 ft um around
schools or I've also seen legislation
like up in um Superior Wisconsin they
limited how many retailers they could
have per number in population
>> kind of like a liquor license like sure
that makes sense.
>> Yeah. So there's some things there. Um
so you're not seeing are you seeing a
lot of repeat in your that I didn't ask
that question in my email.
>> Uh are you talking about the juvenile
offender? I didn't track that
information. Um curious.
>> A lot of times when we do the queries
within the system, it pulls out raw raw
data per violation, but it doesn't give
us we'd have to go into every every
single case and compare them.
>> Okay.
>> Um you know, I will also say that my
officers confiscate a lot more tobacco
than they write tickets for
>> because a lot of times the that's like
the second or third tier down item that
they're dealing with with that juvenile
at that moment.
>> Okay. And a lot of times they'll like,
you're not supposed to have these and
I'm taking them and I'm going to tell
your parents about it. Uh, but now we're
going to address this issue. Um, so
>> a lot of times stuff doesn't get
documented in a way where it's tangible
in our RMS system.
>> Uh, but the officers are addressing
things right then and there,
confiscating uh, cigarettes and lighters
and stuff like that, vapes commonly.
>> Okay. And do we have any retailers that
have been cited? Um,
I know we have cited one. I know. Okay.
Off of memory. Um, and I don't I don't
we were struggling to pull the data out
of our RMS system because of the way
it's recorded and the the the queries
were able to pull out. So,
>> okay.
>> I got your information Monday morning.
Um, so and we were just struggling to
get that information and I understand
that and I appreciate
>> we don't we really don't write too many
citations to our business owners. Um, a
lot of times it's education and going in
there and confronting them about it and
say, "Hey, just so you know, this
happened." Um, and trying to work with
them that way because we don't we want
to have a good relationship with them.
Yeah.
>> And we want them to do better.
>> Okay. Because one of the national um
stats that I had seen was that there's
more violations in strict um just smoke
shops versus um gas stations.
>> Absolutely. And so that's why I'm
wondering if you're doing more
enforcement. I think we have two
>> dedicated smoke shops.
>> Um we have two that are tobacco
dedicated.
>> Okay.
>> Yeah. But um an additional one that's
licensed out of state requirement.
>> Uh but only but doesn't sell tobacco I
don't believe.
>> Okay.
>> Were you No. Okay.
Um there's uh one other one that is more
into um THC related uh products.
>> Okay.
>> That are legal but also but because they
sell vape, they're required to have the
tobacco licensed by the state.
>> Okay. So, have you guys delved into any
of the um confiscation of non FDA
approved?
>> Yes.
>> Okay. Um, so last year we brought state
agents out here to do a training for us
>> um to train all of our staff and then um
we also went out to a location um where
a lot of stuff was seized uh through the
state.
>> Um and that has happened a couple times
for that retailer and that retailer was
uh his license was revoked.
>> Okay. Okay. And I have a few more.
Sorry.
Um the other thing is is with our
municipal code, if this passes our
municipal code not matching the state um
age requirement,
there's some
drawbacks, but there's also some
benefits. Can you speak to that a little
bit?
>> So, you're asking me things I might not
I don't know that I can answer. However,
I do want to now ask a question of our
city attorney um to make sure we're not
so you can't be less you can't be um
less restrictive, but then how does the
federal and the state and then US work
in this area? And I don't have that
answer for you. So, I'm going to have to
I'm going to want to learn that
tomorrow. um when we're talking about
the 21 versus 18 the federal government
adopting it the state not and then how
does that impact us so I I want to learn
more about that tomorrow
>> okay because there
>> from the department of health services
the Wisconsin department of health
services website it does cite the uh
federal law of being 21 so in Wisconsin
even though our state law hasn't been
updated to 21
>> the Wisconsin department of health
services
because it's more about the legality of
is this going to cause if you have
citations and are they going to have
more grounds to fight it, you know, if
they're 19. So, it's really that 18 to
20 year old
>> bucket. And the reality of it is is that
when our officers are in contact with
someone that's 19 or 20, they're
probably not addressing that. They're
probably doing something else that's a
little higher on the list,
>> okay,
>> that they're addressing um
>> knowing that they are legal adults in
the state. So, um I could I don't police
on the street as much as I used to in
the, you know, when I was younger, but I know that we're not writing a lot of
tickets for that uh if any for uh people
that are 19 and 20.
>> Okay. Um my other thing I wanted to
point out and this was um speaking a bit
to Bruce's point that has the city
attorney looked over how much of our
actual retail would be limited like a
percentage of what retail sites will be
>> we just had that map made finalized this
morning as a reference for you um so you
could visualize it and then so you could
make decisions as you review this
ordinance. Um, you know, I drafted the
ordinance, brought it before you, tried
to give you guys all the good
information because you're the ones
making the decision.
>> Yeah.
>> So, um, you know, I want you to ask me a
bunch of questions so I can help you
make a good decision. So, there's no
argumentative back and forth. I'm trying
to help you with a drafted ordinance so
you can make a decision. Because the the
thing that I found too was that it could
if there's a large percentage of the
city that is specifically not available
to a specific retailer that's selling a
legal product, it could be some legal um
risk for the city. I think we I think we
as a city need to determine um is that
the type of business where we want as
many of them as we can get or are we
happy with the ones we have um or are
there opportunities for building and
development and locations that that
aren't restricted that helps city
growth. I think there's a a few ways to
look at it. So, I think that just as the
city council, that's for you to
determine and for me to provide uh
provide something that we could do that
I think is good for our community.
>> Okay. And just for perspective, I
graduated in 1987 and I think the stats
were 36% of seniors were cigarette
smokers and now it's 1.7.
>> Yeah. So, I mean, there's major
improvements that have happened and
vaping hit its peak, I think, in 2023
from what I had seen, and it's starting
to come down. So, I think the the things
that are happening are definitely
helping and the enforcement that you're
doing and the outreach with the school
and your resource officer. So, thank you
for answering my questions.
>> You're welcome.
Further questions for Chief or take
>> Chief. Thanks for sharing that there
were 16 licensed locations in the city.
That's what I wanted to ask. Um it's a
number probably higher than I would have
guessed
>> and none of them would be affected by
any ordinance changes that we make.
>> Exactly. And I I I think you can debate
whether current laws have been effective
or not, but this ordinance amendment um
seeks to limit the proliferation of
those shops and the visibility of them
in areas highly um traversed by
individuals that can be swayed by um
by these shops, by the by the mere
existence of them. So um I appreciate
you bringing this to to us. Um I do
agree with you that there are areas um not wanting to lose focus on and um
but is your recommendation based in part
on like trends you're seeing across um
across other municipalities? So I don't
my research was nation with nationwide
data where a you know some
municipalities are trying different
things like the city parks um but the
schools that's a very popular thing
that's been go going on for years that's
why we adopted it four years ago um and
then the other new locations that are
popping up because we're always trying
to get our kids out of the house and
active like we were when we were younger
um but still trying to uh protect them
from
uh the urges of of uh advertising and stuff like that. So, um we're seeing
other locations that are uh worth
protecting. Uh, an example would be, you
know, any youth mentoring location like
our rec center or base or a YMCA or
types of businesses like that that are
really focused almost 90% or more on,
you know, helping youth and mentoring
youth and having youth there and
present. So, I just I think uh based on
my experience, based on my research, um
I think these new locations are are a
good thing, not a bad thing.
Thanks.
Everybody got their questions in.
Um, again, I'm I'm confused on a couple
issues. Um,
one one of them kind of being I don't I
don't want I'm coming across the wrong
to a lot of people, I'm sure, thinking
I'm promoting juveniles using tobacco
products and baking and I'm not from
trying to promote that.
>> I don't think that. I I live in a
country where you're free to open up a
legal business and sell legal products
to adults who can legally buy them. And
we're somehow restraining that. And to
me, that doesn't make sense to me. It
doesn't make that it doesn't sound to me
like an appropriate thing for the city
to do. Um I don't think it'll be
successful. I think it that that's apparent because it's not
successful now and it's already illegal
for these people to buy them and possess
them and that didn't work. So, we're
going to make it harder [snorts] on
somebody who is old enough and somebody
who is legal and somebody who wants to
sell legal products to legal people and
we're going to say, "Well, we decided we
don't want that you to come in here." I I'm a businessman. And I think that
that's that's not pro business to tell
somebody that we got 16 other places
that can legally do this, but not you.
That that to me is not not pro business
at any level. And it's also should be
almost illegal to do that when they're
selling legal products to legal adults
who can make their own decision about
whether they do that or not. And the
trend AC nationwide, smoking's going
downhill, smoking's ending, vaping's
ending. It's on a natural trail down.
We're not going to affect that. It's
going to go down and disappear at some
point. But again, I can't I can't say
that I'm it's more principled to me of
being an American and being what
Americans are supposed to think or do.
And if it's legal, you shouldn't be told
you can't.
>> Okay.
» I'm sorry. Go ahead. Go ahead.
>> Just to clarify, it's 50% of the sales.
Correct. Correct. 50.
>> So, businesses that are going to sell
these products but are selling other
things.
>> Yeah. It would affect a new gas station.
It would not affect a new grocery store.
It would not affect a Walgreens. It
would not affect
>> a 7-Eleven, a standalone convenience
store, nothing like that. Only a
business that is selling those products
specifically.
>> Thank you. Yep.
I move to perform the first reading of
the ordinance and direct the city
manager to prepare the ordinance for a
second reading on September 1st.
>> Second.
>> We have a motion, a second. Any further
discussion?
>> Um, yes. I move to amend the motion by
striking out the addition of the section
proposed in the redline draft in 58-148
>> [clears throat]
>> um D item 3 and striking out the
definition changes in B items 5 through
8.
Do we need to vote on it first or do we
vote on her motion?
>> No, we need a second on the motion to
debate her motion.
>> Second.
>> Right. So, we have the motion, a second
on her mo motion or motion to amend. Is
there any debate on that?
>> I just kind of wanted to explain my
thought process around this. I spent a
lot of time with the our wonderful GIS
tool and mapping out the thousand feet
from all of the schools which covers a
lot of the prime real estate already or
retail real estate already. And I think
with the decline of um that people are
seeing across the nation and in our
state on the use of vaping and
everything else that this is a bit
performative maybe in the fact that it's
a large section of the city. And I think
we're we're in a natural decline as it
is. And I do agree with your point that
if we don't need to limit business, we
shouldn't at this point. And I think the
tactics that are being used are very, effective.
>> Yeah. I said, I'm not trying to promote
the use of these items for for
juveniles, but this seems like overreach
and only going to interfere with legal
people running legal businesses, and I
can't get on board with that.
>> Well, and I'm not necessarily convinced
it's the best tactic either. you know,
my kid I was a smoker, raised two kids
that do not smoke and um because I was
constantly say don't even try one
because I started in high school, you
know, and I'll be a year free in
October. So, but but I think that's
where the majority of the responsibility
lies is in the education, in the
schools, and in the parents.
I've kind of gone back and forth with
this. Um, you know, you brought it to
the ordinance committee and I was very
supportive. Um, but looking at this map,
um, I I almost feel we need to lean more
on the idea of maybe making a limit as
to how many licenses for this item we
can perform
or give out. So, if we're at 16 now,
maybe we make an ordinance in the future
to um create that placeholder that we
can only allow for 16 of these licenses.
was I asked the city manager yesterday
during a meeting that if it was at all
possible to put this map together for us
and my I I agree with um Council Member
Johnson that you know this map show
basically eliminates every location in
the city that a retailer could
potentially go into. I feel like that's
a little on the strong side. I I do
agree. You know, high school, middle
school, those ones we shouldn't be
trying to keep out because those are the
ones getting closer to that age where
they're going to walk in. And you know,
there's a lot of 18y olds that look a
little older that would maybe pass for
that somebody just wouldn't think twice
and would sell it to them.
>> Yeah. Um,
>> I I guess I would say if if there was a
compromise somewhere in the middle, it
would be to eliminate the park section
of it, but also stay focused on the
importance of locations like a base or a
YMCA or rec center and including those
in there because that is 100% kids,
vulnerable youth, uh, potentially. Um,
and I'd really hate to see us not lose I
would hate to see us lose focus of the
importance of those types of locations.
Um, knowing that maybe because when I
saw the map as well, I was like, well,
that's a little bit more than I thought
was going to happen.
>> Um, but,
um, so if you were to draft something or
request an update that removed parks, I
think we're still really doing a
something good. And I will just throw
that out there as something to think
about. So, so to check protocol, we'd
need to put [snorts] turn this down
tonight and then and come back with
another ordinance that addresses those
issues different. Correct.
No, you have a motion and a second on
the floor right now to strike
um to strike the red line version uh or
the red line under D3, which is adding
city parks, any out of school youth
program, location, youth center or youth
serving organization per the definitions
included in B. And then the four
additional definitions in B, the
definitions of out of school time
program, the definition of youth center,
the definition of youth serving
organization, and the definition of out
of school uh youth. Um so that is
there's a motion in a second to strike
those things. Uh this if that motion
carries, you would then uh vote on the
underlying motion, which has a motion, a
second uh on the floor uh as well. And
then uh staff would make those changes
if that amendment was adopted and bring
uh this back to uh the city council for
a second reading at the next uh um city
council meeting.
>> And it does leave intact the um the
change to mirror the federal age limit
of 21.
>> Yes, that's all this uh ordinance
amendment would do would be to change
the uh legal age from 18 to 21.
And I agree with uh Council President
Kyle that uh the idea of we if we wanted
to attack this issue that we would
license X number of places in the city
and in advance when you come to the
city, you'd already know that and you'd
like a liquor license. I'm not opposed
to having only so many liquor licenses.
But I am opposed to a blanket map is
what I see in front of me. I would just
note that if you limit the number of
licenses, that actually limits the
number of licenses that folks can have
for grocery stores, gas stations, and
any other u um retailer that's selling
tobacco as a side uh instead of these
businesses which are the focus of the
ordinance that are only selling or have
50% or more of their sales are tobacco
uh ecigarette and vaping devices. So, a
limit on the total number of licenses
would actually further limit any new
business from coming to the city uh and
selling any of those products.
>> I don't I don't understand how that
would would be if we're limiting the
number of places that we've already se
[snorts] sectioned them out. We said if
you make more than 50% of your income
selling this stuff, that's who we're
talking about.
That's who would be getting the license
or not. It'd be the same group.
>> No. We're only talking about like uh
tobacco land uh hemp.
>> I can't remember the name of it. Hemp
1848.
Um
>> Extreme Smoke, That's all this is about
is businesses that specifically sell
those items.
>> All All gas stations and grocery stores
that sell tobacco need a license. So any
gas station, any grocery store that
sells tobacco in the city needs a
license. Again, I'm just saying why are
we not creating an ordinance that would
target the ones that that he just listed
for us and said
>> no more of those.
>> That's what we're trying to do. That's
what this is.
>> Yes. Not this map.
>> By this by the definition that we have
to follow that would create this rule.
If we put the limit on of saying we only
have 16 licenses as a quota, that means
a grocery store that would want to come
in, say, on the south side of town would
not be able to potentially sell this
unless we had one of those 16 come
available.
Okay,
>> this would be Quick Trip, Pick and Save,
Stop and Go, KPM Mart, uh BP, Walgreens,
Family Dollar, Sitco, Lions, QuickMart.
These are all of those locations that
are licensed. All of those, it would not
affect any business like that,
>> right? 50% or more of their revenue has
to come in from something other than the
tobacco vape stuff combined.
I really do think if there's a
compromise to be had, it's remove city
parks but still stay focused on the the
locations that are very much like
schools. Um, which already is, you know,
something that we're, you know, we have
active. So, I just throw that out there
again as a maybe a thought before you move forward.
>> That's something I could be very
agreeable with because just looking at
this map, you take out city parks, that
basically makes about half it's about a
50/50 shot in the city,
you know. So, I would
>> and if if whatever direction the council
gives staff, we can certainly produce
additional maps for the next city
council meeting.
So, if we move forward
by taking these, let's say we approve
the amendment I put in at the next
reading, we could add an amendment
because that would give us time to look
at a map of what it would look like by
just removing the parks.
Correct? You could vote down your
amendment and redo an amendment, come
back next week with all the parks
removed and then you can see what it is
visually then. I think that's how you
would want to do it.
>> I No, that that would work. But there
there's a motion in a second on the
floor right now.
>> Okay. to uh to amend the ordinance to
eliminate the things that I those four
definitions as well as the uh section
relating uh to prohibiting um these
types of stores within a thousand ft of
a city park or out of school um out of
school youth programming location or
youth center. So that's that's the
amendment that is on the floor right
now.
We'd have to vote that down and then
come back with a new one if
so wanted.
» I will that we will call the question on
the amendment. All in favor?
>> So wait, just so I'm clear, it is the
amendment to the amended ordinance?
>> Yes. No.
>> No. No. This is the amend This is the
amendment to the ordinance that's on the
floor right now. So the ordinance
changes on the floor. The amendment is
to that ordinance change that's proposed
that's in the packet.
>> And me I'm thinking we're thinking the
same two things. We have an amended
ordinance in the packet today and we
have an amendment to that amended
ordinance that Right.
>> Correct.
>> Basically the amendment that we're going
to take the vote on is to remove all the
red line items except for the age
change.
>> So
with that I will call the question. All
in favor of the amended
amendment to the ordinance amendment,
please say I.
>> I.
>> Any opposed?
>> Nay.
>> That motion fails.
>> So, we are back to the original um
motion and a second to perform the
reading. Is there any further discussion
on this?
>> And this motion will be on the amended
form. the full out amendment that we
have in front of us in the packet.
>> Okay.
>> At this time, if anybody wanted to make
the amendment to remove city parks, that
could be discussed.
>> Okay. I'm going to try to do this right.
Okay. I move to amend the motion by
striking out the addition of city parks
in the proposed section redline draft in
58-148D
item three and striking out
I don't think there is a never mind just
stop it right there because I don't
think there's a definition of city park
in your
so let me say it one more
I move to amend the motion by striking
out city parks of the section proposed
in the redline draft in 58-148D
item three.
>> Second.
>> We have a motion, a second on the
amendment. All uh any discussion?
I think this is a much more feasible
option for us to pursue.
Uh with that being said, I will call the
question. All in favor of the amendment
for the amendment ordinance, please
signify by saying I.
>> I.
>> Any opposed?
>> Motion carries.
>> Thank you.
>> The underlying we need to take action.
The council um should take action on the
underlying motion which is to perform
the first reading of the ordinance and
direct the city manager to prepare it
for a second reading. Uh, and with the I
would prepare the amended ordinance for
a second reading and bring it back to
the council on September 1st with
additional maps.
>> With that, I will call that question.
All in favor, please signify by saying
I.
>> I. I.
>> Any opposed?
Motion carries. Thank you, Chief.
>> You're welcome.
>> Thank you, Chief Bump. I do I do
appreciate how much you care about our
city. I do.
>> All right.
Moving on to item 8B, first reading of
an ordinance to amend multiple sections
of chapter 62 of the city of Fort
Atinson municipal code of ordinances
relating to park regulations. Director
of parks and recreation Dayton.
>> Yes, thank you. Uh so these uh
amendments are related to section 62 as
you mentioned earlier. Uh the uh
recommendations were uh a first
recommended by the parks and recreation
advisory board on June 10th and then
again uh by the ordinance committee on
July 21st. Uh the recommendations really
focused on uh first reviewing the um or
sorry was first reviewed and uh decided
on by the parks and recreation advisory
board uh rules and ordinance
subcommittee. So we created a a group
I'm there we go uh a subcommittee within
the parks and recck advisory board to
spearhead this. Um and they were also
given some information by staff as for
best practices while also conducting
their own research um and seeing what is
out there in other communities as well.
Uh the first uh amendment uh is to the
animals and city park grounds uh section
621. Uh this really is not necessarily a
ban on animals in city parks. It's kind
of addressing uh situations that pop up
where uh everybody within that
subcommittee agreed to seeing at some
point in time. Um we're really just
looking to
uh put out some areas that are uh easily
identifiable like playgrounds, uh ball
fields, and those s those types of
facilities. and then have um have that
as a gauge for hey, animals are not
necessarily allowed on there. We've seen
folks play fetch on a a freshly prepared
ball field messing it up. Um those are
the things that we're trying to avoid.
So the um
the other part is just the the
playgrounds and and having other
structures as well included in that. In
addition to that, we are still having uh
areas that are posted, but it doesn't
require us to post every area like those
easily identifiable uh facilities. Uh
section 622
uh is uh more or less related to
protection protecting uh city property.
The language that we added is
specifically to like geocaching or metal
detecting, which are really acceptable
practices or or activities to do, but
just providing some guard rails um that
are really based on best practices um
throughout the uh variety of uh
counties. Uh the DNR has this for state
parks. uh they have um I guess rules in
place for uh this practice. Uh Walkshaw
County, City of Madison, Jefferson
County all have something in place that
um kind of gives this activity guard
rails. Um truly the intent is not to
have people uh potentially uh damaging
facilities
um
digging holes and random spots
throughout the parks. It's uh really
just well even putting uh affixing
caches to like playground equipment. We
want to keep it a fun and safe activity
to do around the city. Um, I also want
to note that geocaching.com
also supports uh all of these um
respectful ways of participating in this
activity.
Uh section 624 uh addresses alcohol and
glass bottles. This is really more or
less just cleaning up some of the um
older intentions of the ordinance by
removing bicesentennial park. uh that
doesn't necessarily apply now. And then
also um we still included Memorial Park
because that is uh primarily used as a
youth um or for youth activities. Uh
additionally, new language was added to
include uh hemp derived THC beverages
and then also a citywide pro uh ban on
glass bottles within the parks which is
a bigger issue with littering. and then
also broken glass. It's a safety issue.
Um the proposal for section 625 would be
a new ordinance pro uh prohibiting
smoking, vaping, ecigarettes within the
city or public trails. Um the the intent
for this is to promote uh healthier
public spaces and reduce exposure to um
community members, children uh from
smoking and vaping during youth
activities, community events um and
other public gatherings within the
parks. The under the proposal uh smoking
and vaping would be limited to locations
within the public right ofway uh
adjacent to one of the given parks.
Um
and then the final amendment involves
park operation hours. Uh that's just
really uh having some consistent
language across all the parks. So, um
there's no financial impact to this and
staff does recommend uh the parks and
that the parks and recreation advisory
board, the ordinance committee uh
recommended
ordinance that the council hold the
first reading of the ordinance and
direct city manager to prepare the
ordinance for a second reading at the
meeting on September 1st. I can take
questions. Thank you. I'm just I'm I'm
wondering the difference between what we
just amended one to take the uh parks
out of this map of what of this map that
we're that we're looking at about where
you can't sell these items.
Um and you're going to replace it with
you can't possess these items or can't
use these items even if you're a legal
adult.
>> No. So that map was specific to a new
business coming into town that would be
selling that product.
>> 50% more of their sales would come from
that. That's not that's not
representative of this ordinance change.
This is just saying that um smoking
within the park boundaries, smoking,
vaping, etc. is just not prohibited. Um
so it's not like it goes beyond the
boundaries of the park.
Okay.
>> I have two questions.
>> Yeah.
>> Um on the
item 625
with the vaping and smoking on all um
city park grounds. I think at the
ordinance meeting you had said something
they would include the trails and those
kinds of things. So what's the plan to
enforce it?
Um [clears throat]
so similar to other ordinances, other uh
laws, I think Chief Bump uh really
summed it up quite well where the number
of citations that are actually issued
>> uh are not what are not do not represent
the actual number of call or uh
interactions that uh his staff have with
the public. So, um,
>> it would likely be complaint based.
>> It would. Yes. Correct.
>> Okay.
>> If there was an interaction, it would be
complaint based.
>> Okay.
Um, what was my other question?
Do you have problems in the like the
bleachers and the stands like at the
football fields or at the pool?
Um, Jones Park.
with
>> with um smoking.
>> Uh I mean, yeah, the
um
during youth events, uh flag football,
uh baseball, every once in a while
someone will
start smoking and as a vapor or uh you
know, as it does, it
>> floats across the space. So there are um
>> yeah there are issues that do pop up.
Right now it's legal. So it's not
necessarily like it's reported by any
means. It's more or less self um
uh controlled by staff like within the
pool. Uh that's not allowed within the
pool. So staff have to address it then.
Um if youth group or a baseball club
would have an issue with uh during a
tournament, they would have to address
it themselves.
>> Okay? But there's nothing behind it.
Nothing backing it up.
>> Okay.
>> There's not going to be park patrols out
on the trails.
>> Oh, no. No.
>> Okay.
>> And I have witnessed uh people at the
aquatic center trying to sneak in a vape
and staff does a pretty good job there
of spotting it out and then going and
reminding that person it's not allowed.
>> Well, and I'm all on board with this. I
just would hope it would be more
targeted to where people gather. It it
seems again a bit overreaching to
include the trails and the outdoor
areas. As a former smoker, there's very
few places you can go, right?
and there are smokers that are citizens
here and that there's no um place but
their back patio will you know it's not
just I I totally agree with the
[clears throat] eliminating it where
it's targeted targeted
to protect where people gather you know
the soccer fields and the um because I
think you already can't do that on the
school school grounds, you know, and I
would I would definitely be in support
of some sort of ordinance that defines
the space. You know, there's no smoking
or vaping within 50 feet of a structure
or 25 ft of a structure of a city city
park structure. Yeah, that that was um
so I guess there were two different
ideas that were uh I guess discussed uh
specifically on this and one was this um
like you said an alternative concept
where it truly is just certain
facilities a distance away from those
facilities. the difficult the the issue
that we kept coming up on is that you
know if it's 50 ft or if it's uh a
parking lot you know that's where you
have to go um that's different in every
space different park
>> and so
having a blanket uh a um doesn't make
anybody have to think through where is
this or potentially avoid any conflict
where
All right, it's 50 feet away from a
playground. And then somebody starts to,
you know, question what is 50 ft?
>> What does that look like?
>> So, uh, a blanket approach is was, uh,
what we,
I guess, saw as a best option.
>> Okay. Because what was used in or what
was adopted in Watertown was a
compromise approach that protected the
areas that people gather by having a
distance a distance rule and also
recognizing people's liberty too.
>> Yeah, that actually that was one that
was sent over uh as well. Um, and theirs stated uh 25 ft from
uh these designated structures like uh
playgrounds, athletic fields, etc.
>> Um, when I looked at like a map of Jones
Park,
>> you've got the playground structure and
25 ft away is the uh, you know, one of
the park benches. Mhm.
>> So that's still fairly close to the
structure where you could still have
this interaction.
>> Um,
which potentially could drive people
away from using the park if they didn't
uh, you know, didn't want to be there
because of smoking.
>> I would agree with uh, Councilwoman
Huckabe that it should be more targeted.
It'd be easier for me to get on board
with the idea if it was targeted, not in
the bleachers, not not in a group with
parents and kids, not at kids events,
but out on the bike trail south of town
and nobody in sight. I I can't I can't I
can't believe that that's quite what we
need to be doing to that.
>> Sure.
>> And I would assume this takes it to that
level.
>> Uh I mean, again, it's it's um
uh report based, right? So, somebody
who's, you know, as you described, uh,
just walking the trail, they wouldn't
necessarily be
>> they wouldn't be noticed,
>> I suppose. I mean, they wouldn't nobody
would call unless that person called and
complained about themselves, right? It wouldn't happen. So, it's it's a um
Yeah, it's truly just report based.
This this is another one of those
ordinances I believe falls back on
discretion of the patrol officers at the
time. Correct, Chief?
>> Yeah,
» I know I was on this subcommittee at the
time with this and it it was a lot of
research back forth. I know I did send
you that link of water columns recently
enacted April of 25 they enacted that
ordinance which
>> like you said once you start including
these areas
you know it it goes back to this you
know map ideas where is that 25 ft where
is 50 feet where you know I guess this
is more so for the incidents where
there's somebody smoking in
gathering, there's an enforceable
option. If you're out taking a stroll
down the bike trail, I don't think um a
patrol officer is going to roll up
alongside you. You're out by yourself.
They're not going to just stop you and
say, "Hey, you can't do that. Here's a
fine."
» I'm to perform the first reading of the
ordinance and direct the city manager to
prepare the ordinance for a second
reading on September 1st.
>> Second.
>> A motion, a second. Any further
discussion?
We'll be able to amend it at the next
one if we choose to. Correct.
>> Yes.
>> Well, I move to amend the proposed text
of section 625 to strike the blanket
prohibition and instead read as follows.
Section 62-5,
smoking and vaping restricted near park
structures. It shall be unlawful for any
person to smoke or vape tobacco, hemp,
or THC products within a 25- ft radius
of any designated park structure,
playground, pavilion, athletic field, or
permanent seating area with any city
within any city park except as provided
herein. Smoking and vaping are permitted
on open park grounds and trails.
>> Second.
>> We have a motion and a second on the
amendment. any discussion?
>> I just think it's a better balance of
governance instead of, you know, more
rules that most likely are not going to
create a complaint anyway if somebody's
out in an open park. But it does address
where it would be a nuisance and where
um the ordinance makes sense to me. So,
>> I feel like it would make more sense as
a citizen to be able to say, "Could you
please move to a public rideway instead
of having to
figure out what 25 ft is from this park
bench versus that park bench?"
So I I feel like that opens up more
negative citizen interactions with each
other to then
have other people come in and make
additional complaints when it could just
be as simple as move to the public right
away. I think that's something that we
have in our bars. We used to be able to
smoke in bars. We can't smoke in bars.
It moved to the public right away. It
matches then to keep people going to
where they are familiar with knowing
that they have to go outside of a bar or
outside of a park. Now,
>> I think the big exception though is the
outdoor spaces that aren't any part of
those facilities. You know, you're on a
trail,
you're going to leave the trail, you're
going to go back to your car. You know
what I mean? You're I just think it's
too much limitation. and we have um
the ability to choose to damage our
bodies if we want to. You know, it's not
a great idea, but it doesn't make it the
government's responsibility
to ensure you're making that choice. if
it would be helpful uh similar to the
map that was provided. Um, I mean that's
always something that I put together
with uh various park locations and
showing you what that could look like.
>> Um,
>> with the 25 foot radius,
>> various radiuses, I guess, but
>> a lot of structures.
>> That's a lot of Sorry,
>> a lot of structures to put on a map. a
an an example of how that may or may not
truly show you what you're trying to uh
what you're trying to or the amendment
that you're proposing because um again
that that debate that we had with uh you
know what is 25 ft what's 50 feet um
>> people have been able to figure it out
for a long time because prior to like
the hospital used to be 25 ft per
entrances. That was the first
that was the very first um
rule that I remember about, you know,
you couldn't be on either side of an
entrance and you had to be 25 ft away.
And we people figured it out. So, and if
this is complaint based, we'll know
pretty quickly.
>> And I agree with that. I I I truly
believe that if it's a 25 ft rule,
nobody's out there with a tape measure
going, you're only 22 feet away, but
you've moved away from the crowd or
moved away from the people and it's
outside. I don't see a problem. Yeah,
>> I agree with council member Price's uh
point about uh creating confusion and
arguments and disagreements over where
you've stepped over the line of 25 ft
that's not clearly marked.
» And I I hesitate to think that people
are out on the biking trail to go smoke.
there's plenty of public sidewalks
rightway areas that they can smoke
before and after they get to the bike
trail or any other trail. So, like I
just I don't understand
why like are we going to say that it's
any structure? Like if I'm standing by
something that's a geocache where kids
are coming up to do the geocache and to
play, is that now a structure? Like what
counts as a structure? Is it a park
bench? Does that count as a structure?
So, I just
I know we can choose to harm our bodies
and that is somebody's own choice, but
it's not something that we should
subject kids to. If they're playing a
game of tag in a field that's away from
an athletic field, they shouldn't then
have to be running through somebody
else's smoke just because we can't say
move over to the sidewalk.
I'm not saying I'm going to condone any
of this, but the idea of, you know, if
we enact the full park ban stuff, um,
again, back to my comment earlier with,
you know, if patrol officer sees
somebody out in the middle of, we'll
just say, Rock River Park, um, walking
or something, you know, out by yourself,
I don't think they're going to stop and
harass them, say, hey, you know, no
smoking hurt. I think this is more of a
when there's a big gathering, you know,
this kind of there's a group of people
moving around, it kind of keeps people
from smoking right in the middle of the
group or vaping or anything.
So,
>> I think of at Jones Park, there are
often the middle school
um cross country meets. So this would
prevent all those people from having to
run through the cross country meet
smoking and like I just I don't
that is a way to help make the parks
better for everybody and give clear
direction to people who do still want to
be able to partake in those items.
if it helps to I mean there are several
other communities that have current
currently have this in place. Um Manona,
Barabou, uh Verona, Wisconsin Dells. Um
I mean those are just a handful that are
I would say pretty comparable in size to
a certain degree.
Well, Nathan, I'm on board with the idea
of not in the middle of a crowd, not not
in a building, not but I already see the
whole the whole world as I see it where
you can't smoke, you can't vape in a
bar. I see a lot of people that need to
have their nicotine and go outside.
They're not and they don't argue about
it. I don't think that that this would
be a lot different. You wouldn't strike
up a million arguments. You'd get to a
point where you'd be going, you know
what the law is. You've been there.
You can't do it in
the bar and you can't do it here either.
You got to go away over there to do it
and I' I'd rather see it that way.
» With that, we're just circling back and
chasing our tail. So, I will call the
question on the motion to amend the
amendment or ordinance uh that council
member Puck Huckabe has proposed. So,
all in favor of the amendment, please
say I.
>> I.
>> Any opposed? Nay.
>> Motion uh fails. Sorry.
So then we are back to the
>> Was the motion carried or not?
>> No. Motion fails.
>> So we are back to the original motion to
perform the first reading of the
ordinance to direct city manager prepare
the ordinance for a second reading on
September 1st. Uh with that all in favor
of the motion, please signify by saying
I. I.
>> Any opposed? Name. Motion carries.
>> Thank you.
>> All right. Item 8 C, a second reading of
an ordinance creating sections 94-245
through 94-248
of the city of Fort Atinson code of
ordinances relating to offhighway
motorcycles. Uh, please Captain Hefty.
>> Hey, thanks for hearing me.
>> So July 21st, this um OM ordinance uh
got through the ordinance committee. The
first reading was August 4th. This is
the second reading. So, I'll just
refresh your guys' memories a little
bit. That OM are defined by Wisconsin
state statutes as offhighway
motorcycles, which means a two- wheeled
motor vehicle that is straddled by the
operator, equipped with handlebars, and
is designed for use off of a highway
regardless of whether it's also designed
for use on a highway. An offhighway
motorcycle does not include an electric
bicycle. So, nothing to do with ebikes.
Okay.
So, um, since the first reading, we at
the police department have not received
any negative feedback to the contrary.
We actually had an email from a citizen
in favor of it just um kind of giving
his his experiences in different parts
of the city with eB or with OM's uh
vehicles that are electric in general.
So, um, we haven't had any opposition to
it. I don't know if any of you have had
individual emails from anybody, but um
it's already a state law. We're just
trying to make it enforceable at the
local level so we can keep control of it
here. So um as asked last time, I would
hope that we could have a second reading
on August 18th.
No, I'm sorry, third reading, September
1st.
you have any questions that you've
thought of since the last reading? I'm
very open.
>> Just for clarity on the distinction and
an OM is basically an electric bike, but
it's so powerful you don't need pedals.
That makes it a motorcycle. Correct.
>> Yeah. An electric motorcycle for lack of
a better term.
>> Been trying to educate myself on these
things as I see them on the street
because there are quite a few of them
out there. And the one of the
distinctions, if I have this right, is
the OM
are not something you can pedal.
>> Correct.
>> So if someone's pedaling something and
it looks like it's got some speed behind
it, it is an ebike.
>> Correct.
Well, there there people could rig it to
have put pedals on it, but it wouldn't
come I don't believe it would come from
a manufacturer that way than it would be
an ebike. So if someone were to um
modify an ebike and make it more like an
OM but also maintain some of the ebike
qualities that would still be illegal
for use on the roads.
>> Anything that lies outside of the three
classes that defines an ebike is not an
ebike. It would be an OM or it would be
a different type of bike. Um, so there
could be an e a bicycle that has ple
pedals that has a very powerful motor
that is beyond the definition and goes
50 miles an hour if it still has pedals
on it. That would not be an ebike, but
that would more be defined as an
offhighway motorcycle. And also don't
lose fat. Don't lose uh focus on a OM is
also a motocross bike that has a gas
engine um or a mini bike that has a gas
engine. So, it's those and electric e-
moto bikes as well. So, it it
encompasses everything.
>> Thank you for clarifying that.
>> Yeah.
>> And this would make those things illegal
in town on the trails or on the streets.
Correct.
>> Anywhere in the city except for in
private property on your own property,
you could operate them. Well, they
already would be illegal. It's just now
we were looking now in place
>> locally through an ordinance and in our
court and our judge in our decisions as
opposed to a criminal traffic citation.
>> We've just given ourselves the ability
to enforce it better.
>> Yep. A lot more tools for us to be able
to deal with it how we how we would
like.
>> I move to perform the second reading of
the ordinance and direct the city
manager to prepare the ordinance for a
third and final reading on September
1st.
>> Second. We have a motion and a second.
Any further discussion?
As you've said, you know, noticing
around driving around through town, you
do notice and as our one constituent had
brought up there, I've noticed it a lot.
Um, younger kids, you know, 10, 12 years
old riding tandem on a little dune buggy
bike or whatever, similar to what you're
proposing here. It just up and down the
sidewalks and darting right out in front
of traffic. So,
>> yeah, it's dangerous. much rather us,
you know, be able to take some action to
help educate these kids and these
parents that these are not allowable and
not safe. So,
>> correct.
>> I do have, you know, a little electric
dirt bike for my son who's 8 years old,
but it stays on our property or it goes
out to my family's farm where he's
allowed to ride it there and I know he's
in controlled space, not going to get
hit on a road somewhere. So,
>> and that is, you know, one of them that
only goes to a top of 11 miles an hour.
All right, with that we have the motion
and a second. All in favor, please
signify by saying I.
>> I.
>> Any opposed?
>> Motion carries. Thank you.
>> Item 8D, second reading of an ordinance
to amend several sections of chapter 94
of the city of Fort Ainson code of
general ordinances relating to electric
bikes and scooters. Chief bump again.
>> Hello everyone. So yeah, we're at the
second reading of updates to our ebike
or bicycle ebike ecooter ordinance. Um
we originally took a look at this
ordinance because it was last updated in
2019 and since then the state got a
little better at defining what ebikes
are different classes so we have a
better understanding and I want to make
sure that our ordinance is up to date
and aligns with those classifications.
Uh and also uh we're seeing more
accidents instances uh related to
electric bicycles and uh with with
traffic issues or crashes and injuries.
So we also looked at what are some other
things that we don't have in our
ordinance that a lot of the other cities
do around us and are we missing
anything. So, the ordinance proposal is
the upgrade of the definition of an
ebike, so it aligns with state uh state
statute, but also adding in a couple
other areas that we want to make sure uh
we work to improve safety like uh double
riding and trick riding and some of the
other things that are in the new that
are redlined in the new ordinance. Um,
since the last reading, we did have that
one email from uh from a citizen who was
frustrated about uh some ebikes and
e-motos that were um seen in his
neighborhood and also on the bike path
and causing dangerous situations. And
we've had a little bit of feedback of
some people in the downtown who are also
in support of uh better restrictions
um uh just because of dangerous
situations. So, we've had no no feedback
that was contrary to the ordinance, but
supportive to it. Um, and I didn't I
don't know if any of you have any
questions, but I um I'm able to answer
any questions about the ordinance uh on
the second reading.
>> Um, the ordinance is mostly pointed at
the machine, not at age, because I think
age should be an element that I'm not
hearing. age is addressed in the
classifications on uh like 16 or under
can operate a class one or two but not a
class three. Uh so age is addressed in
there. The other nice thing about this
ordinance is uh uh being able to uh have
a parental uh being able to address
these issues with the parent as well if
they're not helping change that
behavior.
The ordinance in no way uh impacts
anybody's current ability to ride their
legal ebike in the community. Uh Gene
Brooks spoke up earlier uh uh and wanted
to make sure she would still be able to
ride that. We do not want to infringe on
that ability at all and no part of this
ordinance changes anything like that
that's already legal um beyond that. So
>> yeah, I'm as I'm getting older and I've
got friends that are getting older more
than one talking about how their ebike
is a wonderful thing when it comes to
going uphill or whatever they got to do
to go out and enjoy it.
>> Yep. I agree.
>> This ordinance get this ordinance gets
at the improper riding of those more
than anything.
>> Yeah. The danger we want to curb the
dangerous situations and just have a
better an ordinance that better aligns
with uh changes that have occurred over
the last seven, eight years.
Does does the future hold an ordinance
where we're going to talk about
regulating the uh electric skateboards
and things like that?
>> So, we have to do some more research on
how we can restrict what they call play
toys and how we define play toys. Um,
that's one of the areas of concern that
we have. Um, so that's why it hasn't
come yet, but it's always something that
we actually uh talk about at the
department on um some of those varying
units and what what exactly are they and
how are they defined in law uh through
Wisconsin as well. Um, and it's been
really difficult because things change
so fast and there's new things every day
and how do we keep up with it.
>> I I hope the future holds something like
that because there's enough of that out
there and they're dangerous as an ebike.
Oh,
>> I do have Lieutenant Coven Miller. Um,
he has been assigned research in that
area. We talk about the uh electric play
toys. Am I saying that right, Captain?
Okay. And so that is something in
process uh because of uh devices like
you talk about with that are just
strange oneoffs that you don't see all
the time but still are worth uh learning
more about and addressing.
I would also like to see the police
department maybe offer an educational
system where whether they had did it at
the library or at the school so you
could educate both child and parent at
the same location about what and why
they shouldn't be doing these things.
>> Uh we tried to do a a safety city with
our bike safety class every summer in
summer school. Um this ordinance
actually will help us be able to do
something like that. And uh Captain
Hefty talked about it at the last
meeting where we want to uh look at
having some type of agreement with the
school district where we have like
contracts that parents and the students
sign who ride bikes to school uh so they
understand and know the ordinances and
the difference between vehicles and
what's legal and not legal. And we took
that from uh a program that they're
doing in Bever Beverly Hills uh
California school district that we
thought was pretty neat. So after these
ordinances are passed, that's kind of
our next thing because our goal is
always education
um as a strong means of enforcement.
>> And it's it's kind of it would be kind
of nice to have like hunter safety only
for bikes and you had to have a
certification to be able to ride at the
school like that would be nice.
>> Yep. In process. I don't know how quick
it's going to come, but we are looking
into that.
>> I look forward to that.
I move to perform the second reading of
the ordinance and direct the city
manager to prepare the ordinance for a
third and final reading on September
1st.
>> Second.
>> We have a motion and a second. Any
further discussion?
>> Just happy to see it coming.
Right. All those in favor, please
signify by saying I.
>> I. Any opposed?
>> Motion carries. Thank you, Chief.
>> All right. Item 8E is a second reading
of an ordinance to amend the city of
Fort Ainson zoning map to change the
zoning of the property located at 1911
Jainsville Avenue from rural holdings
RH35
to multifamily residential MRH30
director of neighborhood and building
services Drager.
>> Yes, thank you. Uh I do want to make
everyone aware that all public notices
were sent out per state statute. Uh
there was also a public hearing on this
zoning map amendment on July 28th where
the plan commission did recommend
approval by the city council and city
council did hold the first reading on
August 4th. I will also make you aware
the city or plan commission also
approved a uh conditional use permit for
the first phase of this project and that
any future development of this site
would still require a certified survey
map and a site plan review approval uh
before it could move forward. And that's
just addressing some um known uh
commentary on an existing easement on
the property uh that would have to be
approved through a certified survey map
with approval of everybody involved on
that piece of land. So this is just the
zoning aspect of the pro of this
approval process uh changing it from a
rural holding uh zoning uh which is just
that is a holding and meant for uh
future development uh to MRH30 which is
our highest density multifamily uh
zoning and I do also want to point out
that the future land use map on the comp
in the comp plan uh does have this as
planned mixed use and this is an
appropriate zoning for that. Uh there's
a two this a two-phase uh development.
As I said, the conditional use permit
was just for the first phase. Uh and uh
there is no financial impact to this
other than it does help uh further move
along a potential development uh for the
city of Fortinson and that staff does
recommend the city council hold the
second reading and direct the city
manager to prepare the ordinance for the
third and final reading on September
1st.
I move to perform the second reading of
the ordinance and direct the city
manager to prepare the ordinance for a
third and final reading on September
1st.
>> Second.
>> We have a motion and a second. Any
further discussion?
Again, we you discussed this that this
is in the comprehensive plan is plan
mixed use. What all could have been in
that district? Correct.
>> Yeah, plan mixed use has a wide variety.
Um so that's a mix of commercial, multif
family, residential or mixed use. Uh but
this is an appropriate use. U multif
family would be in that plan. Mixed use.
Any further discussion?
Seeing none, all those in favor, please
signify by saying I.
>> I.
>> Any opposed?
>> Motion carries.
>> Thank you. Thank you.
Item 8F is review and possible action
relating to a resolution adopting the
project plan and boundaries for tax
increment district TID number 12 in the
city of Fort Ainson Jefferson County.
Manager Houseman.
>> Thank you. Uh if it's okay with the uh
council, I will present uh the
information for the next two uh items
together here. Uh though we are
requesting separate action uh for for both items. So uh the first uh the
first item is TID number 12 that is
being proposed. Uh the project plan is
in the council packet. It's also on the
uh website and in my office for review.
Uh taxing jurisdictions were notified of
the potential creation of TID 12 uh back
in July as well as all property owners
as this is proposed as a blight
elimination TID. There was a class 2
notice in the newspaper in July and the
joint review board held their initial
meeting on July 27th to review this
proposed project plan. The plan
commission held a public hearing at
their meeting on July 28th and now uh we
have the city council review uh and
possible action on a on um a resolution
tonight. Uh the final step in the
creation of this TID would be the joint
review board meeting that's currently
scheduled for uh um August uh 31st.
So, as I mentioned, this is a blight
elimination TID. It does include some of
the land in the former TID 7 uh that was
closed earlier this year. Uh it extends
west. You can see that tail uh along the
river on the north side of the river uh
west. Uh and that is to support the um
city's portion of the highway 106
project, specifically a potential uh
bike and ped path. Uh if that if this is
created in 2026, we would uh allow uh
expenditures until 2048 with an
anticipated closure in 203.
Uh so there are 12.5 just over over 12.5
million of public improvements uh in the
project plan. Uh we anticipate about
27.5 million in additional increment
anticipated over the life of that TID.
It includes 109 parcels and the base
value of those 109 parcels is just over
$41 million. That uh the property taxes
based on that existing value will
continue to go to the taxing
jurisdictions. Uh this uh TID does pass
the 12% test which means that not more
of than 12% of the city's equalized
value can be within TIDS. Uh and this uh
blight elimination designation extends
the life um and the expenditure period.
This map shows the existing uh land uses
and conditions
and this map shows the 1 half mile
radius. So the possible public
improvements can be made within 1 half
mile of the TIDS boundaries within the
city limits.
Uh this is a copy of the project uh the
proposed improvement projects. These are
the public improvements uh that would
anticipate uh that we would anticipate
being able to finance through the TID uh
if the growth is there. Uh which include
I won't I won't read them to you but
they're um uh 14 uh projects more like
10 projects and then some flexibility as
far as providing direct development
assistance, land purchases, financing
and interest and administrative and
organization fees.
Uh okay, I'll move on to TID 13 and then
I can certainly uh answer questions uh
at the end of this TID 13. Uh again, the
project plan is in the uh in the packet
and on the city's website and uh in my
office. Uh again, we followed the same
noticing requirements. Those are
statutory uh noticing requirements and
we did complete all of those things. The
plan commission held the public hearing
uh on 7:28. Uh and the final uh if the
council does approve the TID creation
tonight, the joint review board would
hold its final meeting on the 31st.
Again, it's a blade elimination TID.
It's on the south side of the river in
the city's downtown. It includes some of
the former TID 7 land um and includes
the Riverwalk and potential market
square. Uh if created in 26 again we
would uh have expenditures until 2020
excuse me 2048 with anticipated closure
in 203.
Uh there are 17.5 or so million dollars
of public improvements in the project
plan. Doesn't mean that all of them will
happen. It doesn't mean that all of them
will happen exactly how they are shown
in the project plan. Uh it is really
just kind of a a road map. Uh we have
32.5 million of uh anticipated added
increment. There's 80 parcels in this
TID uh with a just over $23 million uh
of existing value and again the property
taxes on that existing value uh remain
with the taxing jurisdictions. We still
pass the the 12% test. Uh and this is
again a blight elimination TID.
We have some of the other maps that are
also included in the project plan. This
being the existing uses and conditions
maps and the next being that one half
mile radius map within the city limits.
Um we have the project key there. Uh
again about 11 um public projects and
then um the also uh potential for land
purchases or direct developer incentive
financing and administrative and
organizational fees.
Um next step uh as I mentioned the plan
commission did recommend approval uh of
both of these TIDs at their meeting on
the 28th of July. Those approval
resolutions are in the the packet for
council review.
Uh this uh we're recommending uh the
recommended action for the city council
is to adopt the resolutions in the
packet adopting the project plan and
boundaries for the tax incremental
districts 12 and 13. Uh and we would
request separate action items on those.
And then the joint review board is uh
scheduled to meet on August 31st to uh
do a final review of these two tax
increment districts. And with that, I
would be uh happy to answer any
questions about TIDS uh excuse me, TIDs
12 or 13.
>> The PIDES is basically covering the
financing and tax advantages for these
areas. Correct.
>> Uh it allows the city to incentivize
development and redevelopment in the
areas through either payo financing or
direct development incentives. The other
uh increment that's generated through uh
that is kept within the TID which is a
separate fund from the general fund is
then uh able to be used for public
improvements which the project plan
includes those public improvements.
>> The um market square that you referred
to that's that parking lot where we have
the farmers market.
>> Uh yes. Is there does that approve
anything specific for that other than
it's inside the TID and money could be
used to alter to what we decide?
>> There is no specific plan proposed. It
is just uh it that's designated as uh an
area that we that the city could support
improvement of in the future.
>> I'm good with that. I just would want to
make sure I got a chance to have a
discussion of what they do with that
park or that parking lot.
>> Yep. Any action uh relating to that? Uh
that parking lot is owned by the city.
So any action would certainly be done by
the city council.
>> Um in the 1 half mile outside, what are
some projects or examples of projects
that money could be used for from that
>> road and utility infrastructure
improvements, storm water improvements?
>> Okay.
And I'm just really pleased to see that
tail on TID 12 with because the
river road has been needing it for a
very long time. So
>> yeah, and just to be clear that um
highway 106 project would be a state
project. Uh however, the the DOT um
would not necessarily be designing a
bike and ped path. Uh and so one of the
goals that's outlined in the city's corp
uh comprehensive outdoor recreation plan
as well as the comprehensive plan is to
provide um off- streetet um bike ped
access uh to the pool from the uh from
the um south side of the city. So that
is a goal we're still working out uh
obviously working out those logistics uh
but this uh the creation of this TID
would allow a potential financing source
for at least some of that. It's
>> beautiful. Thank you.
I move to approve the resolution
adopting the project plan and boundaries
for tax incremental district TID number
12, city of Fort Atinson, Jefferson
County, Wisconsin.
>> Second.
>> We have a motion, a second. Any further
discuss discussion?
Just one question on top of that. Is
there there's no limit to how many times
we could amend the boundaries of any of
these TIDs, correct? or
>> um I would have to uh defer to our
financial adviserss on on that, but we
certainly um we certainly could amend
the TID to include uh projects uh or
property that wasn't included in the
initial TID. Uh we would go through the
same process as this council went
through for TID 9 earlier this year when
you added uh the Koshkanana estate
subdivision to that TID. So there is
it's a public process with joint review
board and city council approval.
just seeing like in the TID 13 plan
there's a few parcels that were left out
that could potentially see some
redevelopment in the future such as like
the uh Daily Union's former building or
some of the other properties around
neighboring there. So that was just a
question they had a resident reached out
I know during some of the other
committee meetings. So
with that we have the motion to second.
All in favor, please signify by saying
I.
>> I.
>> Any oppose? Motion carries. And then
item 8G, review and possible action on
resolution adopting project plan
boundaries for TID increment district
number 13 of the city of Fort Atinson,
Jefferson County.
>> I move to approve the resolution
adopting the project plan and boundaries
for tax incremental district TID number
13, City of Fort Atinson, Jefferson
County, Wisconsin.
>> Second. We have a motion and a second.
Any further discussion?
Seeing none, all those in favor, please
signify by saying I.
>> I. Opposed. Motion carries. Item nine,
reports of officers, boards, and
committees. 9A is city manager report.
Manager Hostman.
>> Thank you. Uh, thank you all for being
here tonight despite the challenges to
get inside the building. As I'm sure
everyone saw, the main street entrance
to the municipal building is closed to
accommodate a project that is replacing
the degraded bricks with concrete.
During construction, the public may use
the parks and recreation building
entrance or entrance number two, both
located on Water Street on the Water
Street side of the building. After the
main street uh entrance work is
complete, the contractor will move on to
the parks and recreation entrance. And
this project will improve accessibility,
safety, and aesthetics.
This week, the city announced the summer
photo contest winners. There were over
30 submissions that showcased different
parts of the city and three winners were
selected. Congratulations to our own
Kelsey Ritmeer who captured a sunrise
over the Main Street Bridge. George
Jester III who uh whose photo featured
his features his 1948 Pontiac underneath
the Highway 26 bridge and Joshua Bennett
who showcased an evening baseball game
at Jones Park. To see those photos and
learn more, please take a look at the
city's website.
Uh most people have witnessed the
sidewalk and crosswalk project on
Jainsville Avenue in Jones Park this
summer. I'm pleased to announce that the
rapid flashing beacons at this crosswalk
are scheduled to be installed tomorrow.
So that is that's pretty exciting. Uh
the city received 28 applications for
the position of administrative
assistant/program coordinator for the
parks and recreation department. At the
end of the interview process, we're
happy to announce that Lucy Edwards has,
excuse me, Lacy Edwards has accepted the
position and will begin work with us on
August 31st.
Welcome to Lacy. Uh unfortunately, our
newly hired water superintendent uh
resigned, citing personal reasons. Uh
the city has already posted uh reposted
the position and we look forward to
finding another qualified candidate to
be part of our team. Uh the city's also
hiring a parks caretaker/acquatics
technician position. Uh please visit the
city's website to learn more uh and to
see full job descriptions and to send
them on to uh anybody you know.
I will speak at the Chamber of
Commerce's annual new teacher breakfast
on August 20th. It's a great opportunity
to welcome uh the new public and private
school teachers to the community. I want
to just express appreciation to the
chamber and all the local sponsors who
donate uh to the free supply bags
provided to the new teachers at that
event.
A public information meeting for the
proposed BECI transmission line project
will take place on August 26th from
10:00 a.m. to 1 p.m. at the Jefferson
County Fairgrounds Activity Center. The
city's website features a link to the
interactive map showing multiple
possible paths of this overhead
transmission line project. Uh city staff
does plan to attend the meetings and uh
with the goal of protecting the city's
urban growth area as identified in our
comprehensive plan.
As a sign of the gradual end of summer,
the last char uh charity concert uh of
the season will take place on August
26th in Barry Park. Uh thank you to the
Kuanis Club, city staff, and the event
sponsors who make those community events
possible. Our public relations intern
Satie Elwood will complete her last day
with us on August 27th. Uh Satie has
been a great addition to our team,
drafting employee newsletter, organizing
employee picnic, administering the
summer photo contest, uh and
implementing employee wellness
initiatives. She also assisted uh with
the parks and recreation department and
served as an election official in the
last two elections. Satie will continue
her studies at W Whitewater this fall
and we will welcome her back uh next
summer if she's interested. So, thank
you very much to Satie.
>> Uh Rhythm on the River will take place
on August 29th in the municipal building
parking lots. Uh we appreciate the
organizers flexibility in the location
and uh want to express appreciation to
all the city staff and volunteers
involved in ensuring a safe and
successful event. As I mentioned in the
TID presentation, the joint review board
will meet on August 31st to review those
final recommendations from the city
council and the plan commission um for
TIDS 12 and 13 that will support uh
development and redevelopment in our
downtown. And the South Main Street
construction project continues. uh staff
has been updating the city's website
regularly. So, the best way to stay
informed on the progress and the
timelines is to really just check the
city's website.
And finally, the Jeff uh Jefferson
County is hosting two meetings in
September relating to consideration of a
financial support mechanism for all EMS
systems within Jefferson County. Elected
officials and members of the public are
encouraged to attend one or both of
those meetings and they will take place
on September 17th at 7 p.m. at the
Jefferson County Courthouse or September
24th at 7 p.m. at the Watertown Fire
Department. Again, the more information
is on the city's website. Uh it was a a big news week even though it's only
Tuesday. So, please do check out the the
city's website for more information. And
that is all I have tonight. Thank you.
>> Thank you. Moving on to item 10,
unfinished business. We have none
tonight. Item 11, new business. 11 A,
review and possible action relating to
Ridge View Estates structural fill
invoice from Gallop Grading LLC in the
amount of $22,642.
Director of public works Naven. Good
even good evening.
As part of building roads and installing
utilities in Ridge View State
subdivision, the city's contract to
remove structural fill from lots one and
two. This resulted in lots one and two
not being at the subdivision design
elevation at the start of construction
of Bridge View Loft apartment building
located on south side of Trillium Drive.
The removal of the fill from the lots
was identified by the developer in
January of 2025 and required the
contractor to truck in 5100 yards of
structural material to get lots graded
for their original design. The total
cost for the additional fill was
$45,284.
And at the time there was discussion
between the city's contracted
engineering firmwam engineering and the
developer on who should bear the cost of
this fill. However, this invoice had not
been resolved. So when the city
approached the developer this summer
about potentially donating their land
for the required temporary limited
easement for banker road redesign, the
developer asked about the structural
fill invoice that had not been resolved.
City staff worked with the developer to
come to an agreement to that the
developer would donate their land for
the TLE valued at $23,680
if the city would pay half the cost of
the outstanding structural fill invoice.
The invoice for 50% of the structural
fill from galllets is $22,642
and the cost associated with this
invoice will be paid for out of TID 9.
Staff recommends city council authorize
the payment of the structural fill
invoice from Galis grading in the amount
of $22,642.
Take any questions.
I move to approve the structural fill
invoice for Ridge View Estates from
Gallat Grading LLC in an amount not to
exceed $22,642.
» Second motion and a second. Any further
discussion?
Seeing none, all those in favor, please
signify by saying I.
>> I.
>> Any opposed? Motion carries.
>> Uh item 11B, review and possible action
relating to Ridge View Estates
development change order number nine.
Director David.
>> Thank you. The Ridge View Estate
subdivision infrastructure project
includes an 8 foot wide asphalt path
along the south side of Trillium Drive.
The path extension and ADA curb ramp
improvements were identified in change
order 9 were originally included as part
of the Ridge View stage development
contract. However, as the project has
neared completion this spring, staff
removed the work from the contract uh
through change order number eight so the
overall project could be closed out in a
timely manner. Items were removed or
reduced in quantity to due to changes in
design during construction, deferral
until lots within development areas are
near full or because the project were
not required to complete the
construction. Uh that's items such as
the final lift of asphalt on the roads,
the installation of rightaway trees, and
this path. Following further review and
discussion with the
builders of the apartment complex there
on Trillium Drive, staff determined that
completing the path improvements remains
an important priority. The work
consisted of constructing two concrete
curb ramps and extending the asphalt
path approximately 420 ft along the
south side of Trillium Drive to create
that continuous pedestrian and bicycle
access on both sides of the road. Uh
according to the developers agreement,
the city is responsible for providing
that public path connection. The
improvement also connects with future
banker road path facilities on the east
end of Trillium Drive. Since the
apartment development is expected to
begin occupancy later this fall, staff
believes it's important that residents
have safe and convenient walking and
biking access immediately upon moving
into the neighborhood. Completing the
path now will provide connectivity to
both sides of Trillium Drive and avoid
having residents wait for a future
connect construction season to gain
access to these facilities. Staff also
identified an opportunity to
significantly reduce costs by completing
the work during the week of August 11th.
Wolf paving was already mobilized across
the street performing paving work at
Fort Atinson High School and by
coordinating the trail work to occur at
the same time. City was able to take
advantage of competitive pricing and
avoid additional mobilization costs that
would have likely occur been have been
incurred if the work had been bid and
completed separately at a later date.
The change order includes two concrete
ADA curb ramps and approximately 420 ft
of asphalt path along the side of south
side of Trillium Drive at a cost not to
exceed $29,65.
This change order will be paid for using
TID 9 funds. Staff recommends city
council approve of approval of change
order number nine for services completed
to install the path connection before
occupancy of the new apartment
development and to ensure safe
pedestrian and bicycle access for future
residents.
And that'll take any questions.
» No more change orders for this for a
while. [laughter] I was a little shocked
when we saw when I saw this, but it
makes complete sense why it came through
at this point. So,
>> yeah, unfortunately, it was a little bit
of an oversight in the developers
agreement to identify the responsibility
on that side of it. So, after we had
those discussions with the developer and
around the TLES and everything else
going on out there, we wanted to put
that back in and take advantage of what
was going on in the neighborhood.
I'm glad we took advantage of Wolf
Paving being right across the road from
So I'm sure that saved us probably5
to$10,000.
>> Absolutely.
>> I move to approve the Ridge View Estates
development change order number nine for
services completed to install the path
connection before occupancy of the new
apartment development.
>> Second.
>> We have a motion, a second. Any further
discussion?
Seeing none. All in favor, please
signify by saying I.
>> I.
>> Any opposed?
>> Motion carries. Thank you.
Uh 11 C review and possible action
relating to the replacement of airrated
d airrated digtor number two membrane at
the wastewater treatment facility. We
have wastewater utility superintendent
Sweeney.
>> Hey, welcome. Uh the wastewater
treatment facility has uh three
digesttors that are part of a sludge
treatment process. After waste water is
cleaned and the solids are removed,
those solids are sent to the digesttors.
Uh the digtor acts like a large
biological processing tank where
naturally occurring uh microorganisms
break down and stabilize the sludge.
This reduces the volume of material for
the plant to handle. It reduces orders,
improves safety, and prepares the solids
for final uh dewatering and disposal.
Uh, digtor 2 contains approximately
1,150
diffuser membranes. Following the
unknown detachment of an air supply
line, uh, sledge gradually entered and
accumulated within the digtor diffuser
grid. As a result, many of the diffuser
membranes have become completely
followed. Additionally, the increased
blower pressure required to maintain air
flow through the compromised system has
caused numerous membranes to become
stretched, damaged, or torn beyond
acceptable operating limits. And it's
necessary to remove those and replace
them. Uh this work is required to
maintain efficient digtor operation and
support the long-term reliability of the
facility's bioolids treatment process.
Uh due to the failed membranes and the
current condition of the diffuser
system, it is recommended to remove and
replace all existing membranes to
restore proper performance. The expected
life cycle of the membranes was 7 years.
Uh but this unfortunately unfortunately
reduced it to only three and a half
years. Uh with better understanding of
the equipment condition, staff has
scheduled the remaining two digesttors
in the CIP for 2028 and 2029.
uh reflecting a revised expectation of a
shorter life cycle than originally
projected.
Staff contacted three companies to get
prices on the membranes. Uh Rubicon
Environmental was $8,900.
William Reed was $12,870
and Peterson and Matts was $11,68.50.
Staff also contacted three companies for
the installation of the membranes. Uh,
Rubicon Environmental was $7,300.
Stop construction was $47,300
and Sabul Mechanical was $19,965.80.
Staff recommends utilizing the funds
available through the $ 1.5 million
borrowing that has been reallocated to
advanced capital improvement projects.
Uh, there is 1.1 million remaining in
the project borrowing. Staff recommends
that the city council approve the
purchase and install of the membranes
from Rubicon Environmental at a cost not
to exceed $16,200
to be paid for using wastewater borrowed
funds.
Questions?
>> Well, I just want to say again, I really
appreciate that you put in the effort to
do multiple bids. I think it's very
important. So, thank you for doing that.
And I think the service you provide city
is incredibly important and people would
notice if it would if it would broke
down. So let's keep it working good
>> that
>> it is an interesting spread in the uh
installation uh bids for
>> I will say that uh Rubicon Environmental
it is all they do that's all they work
on. So it is their uh bread and butter
>> very specialized in this area so they
know what they're doing.
>> Yeah. for the replacing or um the
schedule for replacing the remaining two
digesttors in 2829. Would there be any
benefit in doing them at the same time
or is it just the same to be doing them?
>> Um we did do our gas cleaning recently
and the other two are still in very good
condition. So to get a couple more years
out of them would be very beneficial.
And then in a couple years, is it same
thing that like would it save anything
to do them at the same time or just
>> It's probably not. It will it'll be
similar.
>> Perfect. Thank you.
>> I move to approve the purchase and
installation of the membranes from
Rubicon Environmental at a cost not to
exceed $16,200 to be paid for using
wastewater borrowed funds.
>> Second.
>> We have a motion and a second. Any
further discussion?
Seeing none. All in favor, please
signify by saying I.
>> I.
>> Any opposed? Motion carries. Thank you.
>> Item 11D, review and possible action
relating to a certified survey map for
the property located at 8:15 Jefferson
Street. The parcels listed below. Uh,
director of neighborhood and building
services, Trigger.
>> Yes, thank you. Uh, Opportunities
Incorporated has uh requested to combine
the two parcels. Uh this will facilitate
the construction of a uh activities
area. Uh industrial zoning or light
industrial is which the parcel is
currently zoned does not allow for that
to be a standalone use on a property. So
they're combining the two parcels and
then it will be an accessory use to
their to their principal use. Uh there
were some minor changes to the CSM that
were outlined by the engineer. Most of
those have been already addressed on
another version of the CSM, but they are
in this memo as needing to be replaced
or to be fixed. Um they're just minor
changes. Uh some names on the map and things of that nature. Uh the CSM is
not expected to have any financial
impact to the city. Um the project is
privately funded uh by opportunities and
is on private property.
Um, and staff does recommend the
commission recommend the city council
approve the preliminary certified survey
map for the property located at 815
Jefferson Street subject to the
conditions noted in the memo. I will
also point out that there will be a site
plan review uh that would have to be
approved in order for the project to
move forward past this point.
>> And the plan commission did actually
recommended that council approve this
CSM um subject to the conditions in the
staff report. So the recommendation is
that the the council approve it as well.
I move to approve the preliminary
certified survey map for the property
located at 8:15 Jefferson Street subject
to the conditions noted in the staff
report.
>> Second.
>> We have a motion and a second. Any
further discussion?
We'll just say their proposed idea of
what may be coming is a very
neat and very beneficial factor for the
community if they allow it or have do
proceed with this project.
>> I agree.
>> This is a very first step and something
big coming for that area.
So with that all in favor please signify
by saying I.
>> I oppose.
>> Motion carries. Thank you.
Item 11E, review and possible action
relating to a certified survey map for
the property located on Meta Lane with
the parcels listed. Director Drager
again.
>> Yes, thank you. Uh this is behind the
senior or Reena Senior Living Center. Uh
if you guys are familiar with that area,
there are two existing parcels uh that
would need to be combined to to move
forward with the proposed project of the
multifamily uh development uh that is
moving through the approval process.
Now, zoning was recently uh amended for
that for that particular project and
these sites. Um the plan commission did
recommend approval on their last meeting
on the 11th. Uh there was also a public
hearing held on the 11th and then there
was also a site plan review also
approved for this site already. Uh the
CSM does include uh two new culde-sacs
uh that would be installed per at the
cost of the developer uh at both the end
of Meta and Commonwealth. uh and as well
as an easement and public water uh loop
ran through the site uh for this
project. Um the CSM is meeting all the
requirements uh for the R MRM 12 zoning
uh as as it is currently zoned. So and
then also there's uh no financial impact
for the city. Uh but it does uh it does
facilitate uh the or the moving forward
of this project. that is in concert with
the comprehensive plan
and city staff does recommend the plan
commission recommend excuse me who well
looks like that was carried over sorry
city staff does recommend the city
council approved certified survey map
subject to the conditions outlined in
the SAP memo
every once in a while we do a copy and
paste and it doesn't get caught and I
apologize for
I move to approve the certified survey
map for the property located on Metal
Lane subject to the conditions outlined
in the staff report.
>> Second.
>> We have a motion and a second. Any
further discussion?
Seeing none, all those in favor, please
signify by saying I.
>> I.
>> Opposed? Motion carries. Item 11F,
review and possible action relating to a
certified survey map for the property
located at 550 McMillan Street ZMA
SPR2026-02.
Director Drager,
>> thank you. Hard to keep those files in
order if you're dealing with those every
day, especially when there's multiple
things going on with the same project.
Uh, as you said, this is on McMillan
Street, also at the end of Schumacher
Drive, a newly constructed Shoeacher
Drive last year with some new houses on
there. Uh, this uh CSM is combining two
existing parcels. uh they are required
to be combined to move forward project
for uh some four three-story structures
multif family structures same developer
as the previous CSM a slightly different
project but also very similar in having
reszoning the property and combining
parcels and creating some additional
housing units in the city of Port
Atinson uh plan commission did recommend
approval on the 11th also for this one
there was a public hearing uh held for
the group's development and a site plan
review was approved as well on 811
With the CSM, there is a new culde-sac
that would be installed at the end of
Shoeacher as well as a loop of the water
man with an easement in place making
that water main public. Uh CSM is
meeting the minimum standards for the
MRH30 zoning uh which is already in
place. There were some minor mapping
errors that were were outlined uh that
would need to be resolved. Uh there's no
financial impact to the city. Uh
however, it would create some additional
housing units in the city of Fort
Atinson. And then staff and the plan
commission recommend approval
preliminary certified survey map for the
property located at 550 McMillan Street
subject to the following conditions. All
the city engineers comments and uh
approval of the conditional use permit
and then any other recommendations the
city council may have. Welcome. Any
questions?
the public hearing that you referenced
um is that that was that um the
presentation that was held here. There
are a couple dozen people or was that
something in addition to that?
>> This was a public hearing for the
conditional use permit.
>> Okay. Um at that hearing um did it
generate much input or question
discussion from the community members?
>> There was no public input on that one.
I move to approve the certified survey
map for the property located at 550
McMillan McMillan Street subject to the
conditions outlined in the staff report.
>> Second.
>> We have a motion and a second. Any
further discussion?
Seeing none, all those in favor, please
signify by saying I.
>> I.
>> Any opposed? Motion carries.
>> Thank you.
Item 12, miscellaneous. We
have none. Item 13, public comment for
matters not on the agenda. The city
council will receive comments from city
residents. Comments are 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 subject matter and contact
information. No action or response from
the council will be taken on any public
comment during this meeting. Note for
those on Zoom, if you wish to wish to
speak, please raise your virtual hand as
the chat box is not monitored and those
on the call must remain muted unless
recognized to speak. Uh, first we have
John Donahghue signed up to speak.
Good evening. My name is John Donahghue,
residing at 1550 Ravine Street, Fort
Atkinson.
With the completion of the August 11th
state primary election last Tuesday, I
just wish to inform this governing body
this evening that I am a candidate for
the office of state representative
for the Wisconsin Assembly District 46
on the November 3rd general election
ballot. City of Fort Atkinson is the
largest municipality
in Assembly District 46.
Most people in this room tonight have
known me as a citizen who stands ready,
willing, and able to serve all citizens.
I have demonstrated this positive
outlook through various local civic
initiatives
over recent years.
Likewise, if elected in November, I
assure you that I will work tirelessly
to represent the interests of the city
of Fort Atkinson and its citizens
and to be totally and fully responsive
to the citizens and taxpayers of this
city within the constitutional scope of
my duties as state representative. Thank
you.
>> Thank you.
We don't have anyone else signed up in
person tonight. So, this will be a first
call for anyone on Zoom wishing to
provide public comment.
Second call for anyone on Zoom wishing
to provide public comment for matters.
Seeing none, we will close out and move
on to item 14, claims, appropriations,
and contract payments. 14A is review and
possible action relating to the verified
claims presented by the director of
finance and authorized payment.
>> I move to approve the verified claims as
presented.
>> Second.
>> We have a motion and a second. This is a
roll call vote.
» Council member Huckabe.
>> I.
>> Council member Johnson.
>> I.
>> Council member Leahair.
>> Hi.
>> Council member Price.
>> I.
>> President Jacob. I motion carries. Item
15, close session. The city council may
adjourn into close session under
Wisconsin statute 19.85 sub1 sub E to
conduct other specified business where
competitive bargaining or competitive or
bargaining purposes require a close
session. This is under the review of
offer to purchase lot one in the Clement
business park.
>> Before the council goes into close
session, I just want to provide a quick
update. our financial adviser did uh
reach out to me and let me know that you
can amend it four times. So, just wanted
to let everybody know that before you go
into close session. So, thank you.
>> Thank you.
>> I moved to I move to adjourn into close
session under Wisconsin statute 19.85
sub1 sub to conduct other specified
business where competitive or bargaining
purposes require a close session to
review an offer to purchase property in
the Clement Business Park.
>> Second. Okay, we have a motion and a
second. This is a roll call vote.
» Council member Huckabe
>> I.
>> Council member Johnson
>> I.
>> Council member Lesair
>> I.
>> Council member Price
>> I.
>> President Jacob
>> I. Motion carries. We are in going into
close session. We may return after to
take action.
Move to adjourn.
>> Not quite.
>> We have council may reconvene into open
session and take action on the offer to
purchase lot one in the Clement Business
Park.
» I move to approve the offer to purchase
lot one in the Clement Business Park
from Wisconsin Development Partners LLC
and the associated addendum one.
>> Second.
>> We have a motion and a second. Any
further discussion?
>> I would just say anyone who doubted that
when we when it was said a couple years
ago that all it would take is a little
bit of earth moving in the city and to
draw some further interest. Um if you
doubted that
hopefully you have become a believer
now. the last two years has, you know,
once once the north side get going, the
this whole area is just booming and not
just our community, Jefferson and the
whole county is really helping and
seeing the effects. So hopefully this
chain of life just keeps going.
>> Let's hope this is an example of a
snowball downhill just keeps going.
>> So we have the motion and a second. All
in favor, please signify by saying I.
>> I.
>> Opposed? Motion carries. Now we can move
for adjournment.
>> Move to adjourn.
>> Second.
>> Motion a second. All in favor?
>> I.
>> Any oppose?
>> We are adjourned.