1.  CALL MEETING TO ORDER
 
A regular meeting of the City Council was called to order by President Mielke at 7:00 p.m. in the Council Chambers of the Municipal Building.

2.  ROLL CALL
 
On call of the roll, members present were:

LaVerne Behrens
John Mielke
Jim Simdon
Steve Tesmer
Mark Zastrow

Also present were the City Manager, City Engineer, Assistant City Attorney, City Clerk/Treasurer, Park & Recreation Director, Street Superintendent and Assistant Engineer.

3.  APPROVAL OF MINUTES OF FEBRUARY 21, 2008 REGULAR COUNCIL MEETING
 
Cm. Simdon, seconded by Cm. Tesmer, moved to approve the minutes the February 21, 2008 regular Council meeting. The motion carried on a voice vote.

4.  PUBLIC HEARINGS
 
    a.  PUBLIC HEARING ON REQUEST TO REZONE 233 AND 301 SOUTH WATER STREET, EAST FROM C-2 TO R-2.

President Mielke opened the public hearing on the request to rezone 233 and 301 South Water Street, East from C-2 to R-2 and stated if anyone wished to speak on this topic, he or she should come to the podium and state his or her name and address for the record.

After three calls and hearing no comments, President Mielke closed the public hearing on the request to rezone 233 and 301 South Water Street, East from C-2 to R-2.

    b.  PUBLIC HEARING ON RECOMMENDATION THAT FISHING BE PROHIBITED ALONG THE RIVERWALK FROM THE PEDESTRIAN BRIDGE EAST TO THE END OF THE RIVERWALK.

President Mielke opened the public hearing on the recommendation that fishing be prohibited along the Riverwalk from the pedestrian bridge east to the end of the Riverwalk and stated if anyone wished to speak on this topic, he or she should come to the podium and state his or her name and address for the record.

Dick Wanie - W5920 Lee Drive

• Stated he doesn't think anybody in the room denies what a great natural resource the river is running through town. It's not just a small pond that was created for kids to fish bluegills; it's one of Wisconsin's great rivers. His point is, if we lose a place to fish, it's just that, we've lost a place to fish. You can't use the argument that let people fish some other place, the argument is we've lost a place to fish. He was hoping the City Council even in the future will not be going along these lines, but actually increasing places to fish in town and the places that we have to make those better for fishing. It's a great natural resource and it ought to be open for fishing.

President Mielke then informed those in attendance about the process that was going to take place at tonight's meeting. The public hearing is being held on the proposed Ordinance, and then there will be a first reading of the Ordinance. The second and third readings of the Ordinance will take place at a subsequent Council meeting. So there is not a vote scheduled on this Ordinance at this meeting.

Jim Furley - 604 Shah Avenue

• Commended the Council, City Manager and Parks Department for a great Riverwalk. It is a special place; everything that's being done there is first class and it is a great place to walk, fish and spend time with your family. However, he did have a couple of concerns. Like Dick Wanie, he feels some opportunities are being diminished and it's not only that we are losing a place to fish, but in the last couple of years there have been two other issues that are of concern to him. We have lost for the fishermen, places to launch their boats and boat trailer parking in the downtown Fort Atkinson lot. There is no longer as many places as there used to be. Also, he just found out that the State of Wisconsin, not the City, is no longer going to allow parking along Riverside Drive for the fisherpeople to be able to fish the north side of the river from the east side of the Robert Street bridge roughly to the railroad bridge. So if you look at the impact on all three of those things, he thinks it is unfortunate that Fort Atkinson is taking a step backwards, where other communities are promoting fishing in their cities and promoting tourism more. Although we are doing a lot of things right, we are diminishing some areas that he would like to see the Council and the City, if we are going to lose some places here and there, maybe there are some things down the road that we can try to give back to the fishermen in some other type of way.

Dave Camplin - 1349 Erick Street

• Posed the question as to how long we suppose people have been fishing along the Rock River? How many years? Then we build a nice walk and then we say "now you can't fish here anymore." That's a shame; it's just not right. He asked how many people have felt threatened by fishing lures or by fishermen? If they do feel threatened, let them walk on the sidewalk or on our wonderful bike trail. There are a lot of places to walk, but not too many places to fish.

Frank Kirby - 411 McKee Court

• Stated he had the pleasure of fishing on the river for a number of years; he is a life-long resident and feels truly we have a great resource with the river, and the work that has gone with the walkway along the river. We are lucky just to have a wall on the river to begin with, let alone having the additional walkway, which is next to none. He believes it is absolutely fantastic. He kind of finds it hard to believe that some people are having problems with not being able to get by. He thinks that rather than trying to get an Ordinance to keep people from actually fishing on a certain section of the river, perhaps we might get some signage up indicating that we should not be blocking the walkway; to leave a thoroughfare for people walking through. Just going that route versus stopping people from fishing that particular section of the river. We do have a very racially diverse fishing group, and he hopes that isn't the cause for some of these ideas. He thinks everyone should be able to live together with one another, and try to do some signage or something like that versus eliminating fishing in that particular area.

Bill Camplin - 18 South Water Street, West

• Stated he actually lives on the river and their property abuts where this Ordinance would take place. He has had a chance to observe, before and after the Riverwalk, the amount of fishing that has taken place. He would say last year it increased, partly because the river levels were such that it encouraged fishing and there was a good run of stripers and walleye last year. It's been fun for him having grown up on a lake and fished throughout his youth and having the leisure of walking out his back yard to fish. This Ordinance, if passed, would prevent him from fishing off the back of his own property, which, being at this point would be the only one that lives with his family there. They represent a fairly large portion of those now living on that part, and they are probably universally against it. He got involved with the issue a long time ago when it was first raised, when the first planning was going into the Riverwalk. At the very first meeting that took place, City Manager Wilmet was there, Scott (Lastusky) was there, Sandy Mayer was there on behalf of High Pointe Properties, he was there, he believes Gary Jonas was there, and it was just on the table at that point, and the issue at that meeting was what to do with the Riverwalk. The issue that was raised was banning fishing, and at that point Ms. Mayer said that the fear at that time was that lures and things would interfere with people, that there would be an accident, and that people would be injured by them. Of course, there's probably nobody that has fished enough that escaped having a lure in their own body. He can attest to that on several occasions himself.
• Fishermen are generally overall very polite, people are very aware of where they are around other people so they don't catch them with lures. This time, I guess the issue was the blockage, and that people aren't being able to get by. Rude behavior is usually addressed by just asking somebody to do the thing that allows you to have equal access to it. If that is the problem, he is surprised that it is. He has witnessed people fishing more so in the last year since they have been spending a lot more time out on their deck and porch observing people and there were people fishing there throughout the summer and a lot of times in the evening they would be the only people out there. They would fish until 10:00 or 11:00. Some families came repeatedly. They were able to observe people that really were using the fishing as a family outing. It is a very inexpensive family outing; something that if you don't have a boat or those sorts of things to get you out on the river, it is very convenient, and they rather liked it. He liked the fact that that there were people out on the Riverwalk at any time. The minute that they are there, it helps prevent vandalism that can occur when there is nobody there but the vandals themselves. He feels that in a sense inadvertently, they are a protector.
• He said they also had, for many years, a carp fishing tournament that they held in the summer on the first weekend in August. The purpose of which was to demonstrate some of the modern techniques used in fishing for carp and other fish. Some of the people brought their rods and reels that they have bought in England; it is a very prestigious thing to rent a spot on a river in England and fish for carp. The fishing that took place on that event included information that was given out about why people are fishing these fish, which we otherwise used to throw on the banks when I was a kid. It was a really nice event, and it was something that attracted people to some degree because it was a little bit of exotic equipment. People would wear beepers on their belts so they would know when their lures got taken. It actually was something they felt that may or may not happen here, but something that could be promoted as an event on the river, right in the downtown and something that could be an attractive feature once in a while in the summer.
• The bottom line for him is simply that he has observed people walking on the Riverwalk, and asking people how it is going, what are you catching, the usual questions you ask of fishermen when you go by. He has always had good exchanges with people. He has never witnessed any of the rude behavior. He said if you ask the Police Department, he has a history when rude behavior takes place in the downtown, he has actually confronted the people doing it. It is not an impossible thing to do. He feels that that is the easiest remedy if there are people that are using it wrong or preventing other people from using the Riverwalk, he thinks there should be signage if that would help. He really hates to see the rights of these people denied. We have a really nice Riverwalk, we have all been supportive of that and it's getting used, and it's getting used a lot by fishermen, and he thinks that is a real plus. He said another bottom line is, he doesn't want to give up his right to go fishing off the back of his property.

Tom Belzer - 707 McMillen Street

• Stated he is a lifelong resident of Fort Atkinson and has enjoyed fishing on the Rock River for years and years. He actually enjoys it more since we've got the great Riverwalk. He certainly appreciates it; his family appreciates it. He also walks the Riverwalk many times on the weekends. In the spring when the white bass and the walleye are running, he is down there. He looked around the crowd at the meeting to see if he could see some of the people that he fishes with, and these are just causal acquaintances and he can't say that he sees a lot of them. He thinks many of them come from out of town and these are people that are visiting Fort Atkinson, and not only do they come and enjoy the river the way he does, they are also spending money in Fort Atkinson. They are going to businesses and they are enjoying their time here.
• In looking for some solutions to what he perceives the problem to be, he took a "Dale Carnegie" approach and asked "what is the problem, and how can we solve the problem with the best solutions for the problems?" He is hopeful that everyone will take the same approach and look for creative ways to have people share that great resource of the Rock River and now the great resource here that Fort Atkinson has in having a Riverwalk. Let's keep fishing and I'll see everyone down there this spring.

Laurette Greenhalgh - 424 South High Street

• Stated she read that there had been three complaints that had prompted having a hearing on this matter and thinking of the restriction. She asked what the complaints were.

City Manager Wilmet said he thinks part of it was the lack of the ability at times, and certainly not all the time, to walk through the Riverwalk when fishing poles are on the benches and extended out into the water. There was a complaint by a younger lady that was intimidated and not allowed to go through, and the third one was there was a number of incidents of bait, blood, guts and fish that were left on the Riverwalk after the fishermen had left. So there was a clean-up issue as well.

Ms. Greenhalgh continued:

• She thinks that three complaints make a very small number in the amount of people that have fished the Riverwalk and the amount of people that have walked the Riverwalk. Fortunately most of us that have been enjoying it have had good experiences. She doesn't fish but has walked it many times when the fishermen are out there, and you may have to step around something or ask if they could please move something, but it has always been done. Unfortunately, she like probably many others, has not approached the City Council with the good things that have happened with fishermen down there. She thinks it is often true that when you have a negative feeling, you do want to report that and get it taken care of. When you have a positive feeling, they're not always reported, and she thinks most of us have had very positive experiences. She loves the fact that the Riverwalk is inclusive; she loves the fact that it invites a racially diverse mix of people; and an economically diverse mix of people to take advantage of that wonderful space and enjoy the downtown. She thinks it adds a vibrancy to the downtown, to see people there at all hours fishing and enjoying the Riverwalk, and she loves it with young children, where you can share something that you don't do yourself, but you can talk to the fisherpeople there and have these children enjoy something that they may not be exposed to especially with her family, as they don't fish. She thinks it's a shame that we would do something that would be exclusive in our community when we don't really need to, and she loves the gentleman's idea of perhaps some signage that would give some rules for people wanting to use that area to fish. She thinks we want to be as inclusive as possible in our community and really hates to see something like that denied to the folks that have been using it, most of them very responsibly and very positively.

William Patara II - 1046 East Street

• Stated his family moved here almost 12 years ago, and one of the main reasons they moved here was how exclusive the fishing was, only two blocks down the road you could go fishing. He was 15 years old at the time, he thought that was awesome and spent the whole summer down fishing and met a lot of people downtown fishing. He met a lot of people that are not from this area, they came from Milwaukee and Kenosha and they specifically come to Fort Atkinson because of how good the fishing is. They are here the whole night and the whole weekend. He started fishing here before the walkway was even put in and basically the Main Street bridge to the walking bridge, which was the railroad tracks at the time, was all you could fish. It wasn't kept up, there was mud, dirt and a lot of tree branches down, so if you wanted to fish the area, you really had to work to get in there to fish. His son is five months old now and he wants to get him into fishing too, but the walkway is there now and you can go under the bridge now toward Robert Street. He thinks it is wonderful that the walkway is there now and opened up all the possibilities for more people to fish. He would like to be able to see his son fish in some of the same spots that he was able to fish because that is how he learned to fish by going to different areas.
• The spot that he read in the newspaper that said "on the other side of the river," if you look at that, there is nothing really laid out there. There is no good way to get down there unless you want to roll down the hill. The only garbage can that he has seen is all the way on the other end of the walkway up by the parking area, which you can only get 15 cars in. He thinks there are a lot more than 15 people that would like to fish there. There should probably be more garbage cans set up. He was fishing a year or so ago on the walkway during a late evening, and he saw some "juveniles" who decided they were going to kick some of the lights on the walkway. He called the Police and within five minutes there was an officer taking care of it. If we aren't going to allow people to fish, a lot of fishermen will watch their areas for vandalism because we love the access to fish and that's what he was doing because he thought it was his duty to inform the law enforcement that this is what is going on, and you can do something about it, and if needed, he can write a statement for the Police.
• Most people he has met fishing don't try to disturb the area. They love what they do. Personally he doesn't eat fish, he just loves to fish, to be able to catch the fish, showing people walking in the area what he has caught. People will ask him what bait he is using. A gentleman stopped and talked to him once who said that he was going to bring his son to fish there as well. Taking the fishing away from this area, with all the people coming from other towns, they aren't going to know the rules and get a fine because they didn't know they couldn't fish in a place that they've been fishing for years.
• It really would upset him if the fishing is taken away. He is courteous to everyone that he encounters and hopes that the City looks deep into this situation so that maybe there can be some kind of compromise between the people walking and the people fishing.

Savannah Camplin - 18 South Water Street, West

• Stated that as a person who lives on the river, she really enjoys the fishing. She thinks it is a charming part of our small town and it would be a real shame to have it taken away. She uses the Riverwalk all the time because she lives on the river and has encountered a few garbage items here and there, but nothing that wouldn't happen if people were just walking and dropped a piece of garbage. She has never witnessed any problems before and thinks it is a really nice aspect of our town, and as her Dad (Bill Camplin) said earlier, there are tons of families down there, racially diverse families, all fishing, and she thinks it is just a really great thing for everyone and thinks it would be a shame for it to be prohibited.

Mike Stevens - 335 West Milwaukee Avenue

• Stated when he first heard about this, his thought was that riverbank was there a long time before that sidewalk was. The river was meant to be fished. He thought it would be like telling people not to play baseball at Jones Park because it is hard to walk through during a game. It just seems silly to tell people they can't fish where they have been fishing for who knows how many years. He said the sidewalk is an invasion of the riverbank and of the fishermen; the fishermen aren't disturbing the sidewalk. He doesn't know how it can even be contemplated to not allow fishing there.

Evan Wartgow - 318 West Milwaukee Avenue

• Stated he has lived in Fort Atkinson, on West Milwaukee his whole life. In the morning he would wake up and walk the whole riverbank all the way down to the Legion; try it out every morning and then go back home and fish it later. If you shut that whole part down during walleye and white bass season, it kind of shuts down everything. There is overcrowding on the bank. Down by Main Street is the best place during the summer to fish for white bass. The Riverwalk has made it a lot better to fish now; we used to walk through two inches of mud, sticks, twigs, and now with the Riverwalk there it is a lot safer to walk through. You can fish at night because there is a lot of light and it is easier to see what you're doing. Now with no parking on Riverside Drive, the whole parking there will be overcrowding everywhere else and you can't fish on the south end of the river, so if the Riverwalk is shut down, there is no other place to fish and it's kind of hard to get to the other parts of the river with no parking, and easier to get down there. Everyone that he knows keeps everything together; nobody is really in the way. They keep everything out of everybody's walking way.

William Patara Sr. - Rural Fort Atkinson

• Stated he lives on the other end of the lake, so he isn't really here to defend himself, but to defend his grandson who lives in town and hopes he gets the rights to fish this river like he did when he was eight years old. His big thing at this point is, are we even considering that we might be infringing on DNR rights to fish? The first 20 feet off of any shoreline is DNR property. Is any of that being considered? You might be making some rules that can't be applicable.

Brent Heffron - 109 South Main Street

• Stated he as well only uses the river early in the mornings. Every pedestrian or jogger that he has run across has the same question for him - "how are they biting?" So there is a banter back and forth between them and has never had one that has to go out of their way. He is only speaking for himself however. His Dad taught him how to fish the river when he was 10 years old when J.C. Penney's was still sitting there. You leave it the way it was when you got there, or you improve it before you leave. He is here to stay and he hates to lose his little bit of rights that he uses for the walleye run, white bass catch and release, and is just a little concerned that some people are going to lose that little bit of area that may be the only place they have to fish.

Carlos (?) - no address given

• Stated he is here because his son fishes. On the other hand he has no problem with it. He said it is the only place where he fishes and he always knows where he is.

John Satterlee - 213 Frederick Avenue

• Stated that Minneapolis was his old "stomping grounds" before he came to Wisconsin and his father and mother's families both settled there, so his Dad told him to take a look at the lakes in Minneapolis, and he didn't remember, but knows there are at least five or more. Back in the 1870s, Mr. Fochee and a bunch of other gentlemen got an Ordinance through that they couldn't build within 100 yards of any of the lakes. Consequently, there are parklands all the way around those lakes that belong to all of the people of Minneapolis. He faults our founding fathers who are more concerned about probably making money than to have an Ordinance passed way back then when they started out; no building of any kind within 100 yards of that river. That is his comment - it is just a shame if we have to be arguing about that right now.

Arnold Blasing - no address given

• Stated he is from Fort Atkinson most of his life and used the river when there were trees lying in the river. He isn't really a fisherman, but most of his family members are. He does walk a lot, and what he has seen is the fishermen are picking up the extra garbage. They are picking stuff up that other people have thrown down. Granted, not all fishermen do that, there are a lot of sloppy fishermen, but there is also a lot of sloppy people. But just to say that the fishing people are creating the mess, they are the ones that are making it an eyesore, is not strictly true. If we are going to do something like that, we should maybe just think about policing it once in a while. If someone is making a mess, give them a ticket, get on them. Don't just say we are going to kill it for everybody because of just a few.

Pres. Mielke stated for the record that correspondence was received from Thomas and Kathy Truhlar, also essentially opposing the Ordinance and that this letter will be included in the record.

After three calls and hearing no further comment, President Mielke closed the public hearing on the recommendation that fishing be prohibited along the Riverwalk from the pedestrian bridge east to the end of the Riverwalk.

Pres. Mielke then thanked everyone for coming to the meeting indicating that this is the purpose of a public hearing, to gather public input and it is sincerely appreciated.

Pres. Mielke then informed the audience that the matter would appear again on the Council agenda at the March 18, 2008 meeting.

5.  PETITIONS, REQUESTS AND COMMUNICATIONS
 
    a.  NOTIFICATION FROM DEPARTMENT OF NATURAL RESOURCES ON FINAL CASE CLOSURE FOR SHERMAN AVENUE SITE.

The City Manager stated there have been some issues on Sherman Avenue with contaminated soil, basically on the corner of Mechanic Street and Sherman Avenue. The correspondence from the DNR indicates the City has complied with the requirements for closure. The monitoring wells have been properly abandoned and this site is officially closed. It has a few covenants along with it that the soil not be disturbed and if it is, it will have to be treated appropriately.

Cm. Zastrow, seconded by Cwmn. Behrens, moved to accept and file the notification from the Department of Natural Resources on final closure for the Sherman Avenue site. The motion carried on a voice vote.

    b.  REQUEST BY CHAMBER OF COMMERCE TO HOLD WEEKLY FARMER'S MARKET IN LOT ACROSS FROM POST OFFICE FROM MAY 31 TO OCTOBER 13, 2008.

The City Manager stated the Chamber will be holding the Farmer's Market again in the same location and will be making a couple of changes this year including adding a part-time manager and using additional signing, potentially including banners across Main Street using permanent municipal poles.

Cm. Tesmer, seconded by Cm. Simdon, moved to approve the request by the Chamber of Commerce to hold weekly Farmer's Market in lot across from the Post Office from May 31 to October 13, 2008. The motion carried on a voice vote.

6.  RESOLUTIONS AND ORDINANCES
 
    a.  ORDINANCE PROHIBITING FISHING ALONG THE RIVERWALK FROM THE PEDESTRIAN BRIDGE EAST TO THE END OF THE RIVERWALK.

The following ordinance was displayed on the overhead projector at this time:

ORDINANCE NO. _____

The City Council of the City of Fort Atkinson does hereby ordain as follows:

That Chapter 58, OFFENSES AND MISCELLANEOUS PROVISIONS, Article VI, Fishing Restrictions, Sec. 58-203, be created as follows:

Sec. 58-203.

(a) It shall be unlawful to hook, cast, net, seine or otherwise engage in any other activity that attempt to catch fish or other aquatic creatures in the following areas:

(1) The Downtown Riverwalk ("the Riverwalk") from the Pedestrian Bridge east to the end of the Riverwalk. This prohibition includes any paved area of the relevant portions of the Riverwalk, the lands between the paved areas of the Riverwalk and the Rock River, and any other lands in which the City of Fort Atkinson has acquired a right-of-way along the relevant portions of the Riverwalk. The prohibitive area shall be marked by appropriate signage.

(2) Any person violating this section shall be punished pursuant to Section 94-243 of this Code.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

This ordinance shall take effect and be in force from and after the date of its passage and publication.

The City Manager stated the fines would be from $10 to $25, plus court costs and any assessments issued by the Municipal Court.

The only action we're looking for tonight is to close the first reading on the ordinance and schedule the next reading at the next Council meeting on March 18, 2008.

Cm. Tesmer, seconded by Cm. Simdon, moved to close the first reading and schedule the second reading for the March 18, 2008 regular Council meeting. The motion carried on a voice vote.

7.  REPORTS OF OFFICERS, BOARDS AND COMMITTEES
 
Cm. Zastrow, seconded by Cm. Simdon, moved to accept and file the minutes of the Historical Society Board meeting held January 17, 2008; the minutes of the e-mail vote of the Historical Society Board solicited on January 24, 2008; the minutes of the Public Works Committee meeting held February 25, 2008; the minutes of the Planning Commission meeting held February 26, 2008; and the minutes of the Climate Protection Education Work Group meetings held October 22, 2007 and January 28, 2008. The motion carried on a voice vote.

8.  UNFINISHED BUSINESS
 
    a.  REVIEW AND APPROVE OFFER TO PURCHASE FROM LARRY STARKWEATHER TO PURCHASE LOT 1 (16.195 ACRES) IN THE ROBERT L. KLEMENT BUSINESS PARK.

The City Manager stated we're talking about 16.195 acres and from that total acreage we've subtracted off, not in the sale, but in the purchase price acres for wetlands and road right-of-way on Commerce Parkway. There are two parcels, Parcel A contains 7.54 net, usable acres at $20,000 per acre and Parcel B contains 7.123 acres at $40,000 per acre. The total purchase price is $435,720.00.

The City Manager reviewed any changes or additions to the offer agreement. Paragraph number 4 of the offer states the seller will abandon certain water and sewer mains located on Commerce Parkway and after abandonment the buyer will be solely responsible for the maintenance and repair of these mains. The question was raised weather future owners would be made aware of this requirement. The Assistant City Attorney stated this document or a portion of it could be recorded to alert any future buyers.

Point number 6 meets the City's project plan assumptions that there needs to be a minimum per acre improvement on the property. We don't believe this is going to be an issue with this parcel. Paragraph 7 states the .543 acre parcel be conveyed back to the City without compensation if it is needed for right-of-way. In paragraph 15, to give everybody enough time, the closing date was moved to before April 30, 2008 instead of March 31st.

Sheldon Mielke, President of the Industrial Development Corporation stated when we look at this project it's really exciting news for Fort Atkinson. He believes this project will contribute to the ongoing vitality of our community. We know the developer and know what kind of buildings he builds and he has set the bar pretty high with the Central Coast Restaurant and Dance Hall facilities. The Corporation Executive Committee unanimously recommended approval of this offer.

The City Manager stated we just received our first draft of the City's Comprehensive Plan and one of the elements in it speaks to Janesville Avenue as an entertainment corridor with the Fireside and Central Coast, so this new development would fit in nicely with the proposed plan.

Cm. Zastrow, seconded by Cm. Tesmer, moved to approve the offer to purchase from Larry Starkweather to purchase Lot 1 (16.195 acres) in the Robert L. Klement Business Park. On call of the roll, the motion carried unanimously.

    b.  RECOMMENDATION FROM PLANNING COMMISSION TO APPROVE REQUEST TO REZONE 233 AND 301 SOUTH WATER STREET, EAST FROM C-2 TO R-2, AND ORDINANCE.

The following ordinance was displayed on the overhead projector at this time:

The City Council of the City of Fort Atkinson does hereby ordain as follows:

That Chapter 15, ZONING ORDINANCE, Section 15.6.5, ZONING MAP, be amended so as to change the zoning of the following described property from C-2 (Central Business) to R-2 (Two-Family-Residential).

A part of the SW 1/4 of the NW fractional 1/4 of Section 3, T5N, R14E, City of Fort Atkinson, Jefferson County, Wisconsin, to-wit:

Lots 10 and 11 of Block 2, George P. Marston's Addition.

Said parcels are located at 233 and 301 South Water Street, East.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

This ordinance shall take effect and be in force from and after the date of its passage and publication.

Cm. Zastrow, seconded by Cm. Simdon, moved to suspend the rules and pass the ordinance to rezone 233 and 301 South Water Street, East from C-2 to R-2 through its second and third readings. The motion carried on a voice vote.

Cm. Zastrow, seconded by Cwmn. Behrens, moved to adopt the ordinance to rezone 233 and 301 South Water Street, East from C-2 to R-2. On call of the roll, the motion carried unanimously.

    c.  RECOMMENDATION FROM PUBLIC WORKS COMMITTEE TO APPROVE THE STREET PROGRAM.

The City Manager briefly discussed the areas and costs associated with the proposed 2008 Street Program. There is no public hearing required because this will be the first year the City will not have any special assessments going out for the mill and resurface and street work for 2008.

Cm. Zastrow, seconded by Cwmn. Behrens, moved to approve the 2008 Street Program. On call of the roll, the motion carried unanimously.

    d.  RECOMMENDATION FROM PUBLIC WORKS COMMITTEE TO APPROVE 2008 SIDEWALK PROGRAM ON ENDL BOULEVARD AND BANKER ROAD, AND PRELIMINARY RESOLUTION.

The City Manager stated there will still be sidewalk assessments due to a split in cost between the City and property owners per City policy. The proposed program includes the completion of sidewalk up Endl Boulevard to approximately Grove Street and a portion of Banker Road from W. Cramer Street to Madison Avenue.

The cost for the program being proposed tonight and the Resolution on the overhead continues the City's policy of identifying the individual cost for various sidewalks in a particular area. The sidewalk on Endl Boulevard is going to be much more expensive than it will be on Banker Road because of driveway approaches, potential retaining walls and replacement of driveways.

A second option would be to lump the whole sidewalk program into one assessable cost for sidewalk wherever it is. With this option the amount would be $16.41 per frontage foot for each property owner no matter where their sidewalk was put in. Traditionally if it has cost more in a particular area, then those property owners have paid more.

The Council discussed the method to be used for assessment purposes for both areas in the proposed Sidewalk Program.

Cm. Simdon, seconded by Cm. Tesmer, moved to approve the 2008 Sidewalk Program on Endl Boulevard and Banker Road, to set a public hearing for April 1, 2008 and to adopt the Preliminary Resolution declaring intent to exercise special assessment powers under section 66.0703, Wisconsin Statutes 2005-2006, reflecting the pricing outlined in option 2. On call of the roll, the motion carried unanimously.

The following preliminary resolution was adopted:

RESOLUTION NO. 1130

PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES 2005-2006

RESOLVED, by the City Council of the City of Fort Atkinson:

1).   The City Council hereby declares its intention to exercise its police power pursuant to Sec. 66.0703(4), Wisconsin Statues to levy special assessments upon property fronting upon the following streets and alleys as stated, namely:

A.  Sidewalk construction for the following sections:

Endl Boulevard:

East side from Adrian Boulevard to the mid-point of parcel 226-0514-0914-020.

Banker Road:

West side from Madison Avenue to West Cramer Street.

Proposed assessment for sidewalk construction shall be $16.41 per parcel sidewalk frontage foot.

2).   The City Engineer is directed to prepare a report consisting of the following:

a.  Plans and specifications.
b.  Cost of entire project
c.  For each parcel of property, assessment of benefits.

A copy of said report is to be filed with the City Clerk for public inspection.

3).   Upon receiving the report, the Clerk is directed to have notice of public hearing on such report as specified in Sec. 66.0703(7)(a), Wisconsin Statutes.

Said hearing is to be held in the Council Chambers at a time set by the Clerk in accordance with Section 66.0703(7)(a), Wisconsin Statutes.

    e.  RECOMMENDATION FROM PUBLIC WORKS COMMITTEE TO PROCEED WITH TRAFFIC MARKING GRANT PROGRAM.

The City Manager stated it's been since April of 2006 since this issue was last before the Council when the application for the grant was approved. The total project cost will be a maximum of $75,510 and the grant maximum will be $56,632, leaving the City share at a maximum of $18,878, which is what was budgeted for this year.

Cm. Simdon, seconded by Cm. Tesmer, moved to proceed with the Traffic Marking Grant Program. On call of the roll, the motion carried unanimously.

    f.  RECOMMENDATION FROM PLANNING COMMISSION TO APPROVE PRELIMINARY CERTIFIED SURVEY MAP RE-DIVIDING LOTS 13 AND 14 IN THE MAXWELL WAY STATION SUBDIVISION (EXTRA-TERRITORIAL).

Cm. Tesmer, seconded by Cm. Zastrow, moved to approve the Preliminary Certified Survey Map re-dividing Lots 13 and 14 in the Maxwell Way Station Subdivision (extra-territorial). The motion carried on a voice vote.

9.  NEW BUSINESS
 
    a.  REVIEW AND APPROVE MERCURY GREEN TIER CHARTER FOR ENVIRONMENTAL PERFORMANCE WITH THE DEPARTMENT OF NATURAL RESOURCES FOR THE WASTEWATER UTILITY.

The City Manager reviewed the charter with the Council and indicated it will be beneficial for the City to join, because the DNR will do a lot of the work and the City won't have to hire a consultant to come up with a plan to eliminate mercury when our permit is up in 2011.

Cm. Tesmer, seconded by Cm. Simdon, moved to approve the Mercury Green Tier Charter for Environmental Performance with the Department of Natural Resources for the Wastewater Utility. On call of the roll, the motion carried unanimously.

    b.  REVIEW AND APPROVE BIDS FOR TRUCK CHASSIS FOR DEPARTMENT OF PUBLIC WORKS AS BUDGETED.

The City Manager stated $26,000 was budgeted for this item and the City received one bid from Havill-Spoerl in the amount of $20,650.00. With the addition of an electric over hydraulic hoist, decals, strobe light, toolboxes and radios the final cost of the truck will be $25,165.

Cm. Zastrow, seconded by Cwmn. Behrens, moved to approve the bid for the truck chassis for the Department of Public Works from Havill-Spoerl with other additions in an amount not to exceed $25,165.00. On call of the roll, the motion carried unanimously.

    c.  REPORT FROM INSURANCE SERVICES OFFICE (ISO) ON CITY'S PUBLIC PROTECTION CLASSIFICATION.

The Fire Chief stated a survey was done on the City of Fort Atkinson by the Insurance Services Office. In July of 2007 they were in our community and performed a rather extensive survey on the capabilities of all the components that the City uses in the fire service. The components being the Fire Department, the Police Department and the Water Utility.

The Insurance Services office is an independent agency that compiles all this data and provides to individual insurance companies by assigning ratings to communities. Prior to 2007 the City was classified as a 4 and today still maintains that number. In 2006 only 308 out of 1,544 communities were classified as a 4 or less, so it is a rather good rating. He feels there is a lot of room for improvement on the Fire Department side. The receiving/handling alarms done by the Police Department received a 3, the Fire Department received a class 4 and the Water Utility received a class 2 with an outstanding water distribution system.

The target goal is to get the Fire Department to a class 3 similar to the Police Department. The lower scores came from training abilities and personnel response for first out alarms. A training facility and new aerial platform would likely boost the City's rating.

Cm. Simdon, seconded by Cm. Zastrow, moved to accept and file the report from the Insurance Services Office (ISO) on the City's Public Protection Classification. The motion carried on a voice vote.

    d.  REVIEW AND ADOPT RESOLUTION APPROVING MUTUAL AID BOX ALARM SYSTEM AGREEMENT FOR FIRE DEPARTMENT.

The following resolution was displayed on the overhead projector at this time:

RESOLUTION NO. 1131

WHEREAS, Section 66.0301, Wis. Stats. authorizes towns to contract with other towns and municipalities for the receipt or furnishing of services, such as fire protection and emergency medical services, including municipalities located in another state; and

WHEREAS, a proposed agreement has been drafted to provide a mutual aid box alarm system for municipalities providing fire protection and emergency medical services throughout Wisconsin and neighboring states; and

WHEREAS, under 66.0303(2), Wis. Stats, the Attorney General of the State of Wisconsin must approve any agreement between a Wisconsin municipality and a municipality of another state, and the agreement in question was approved by the Attorney General of the State of Wisconsin on December 22, 2000; and

WHEREAS, the proposed agreement was submitted to the governor of the State of Wisconsin for his concurrence, which was obtained; and

WHEREAS, the City of Fort Atkinson City Council believes that intergovernmental cooperation for purposes of public safety and protection should be encouraged and that the MABAS Agreement would afford these benefits to city residents by coordinating fire protection and emergency medical services, and

WHEREAS, it is in the best interest of the City of Fort Atkinson to enter into the proposed Mutual Aid Box Alarm System ("MABAS") Agreement to provide for the coordination of fire protection and emergency medical services in the event of a large scale emergency, natural disaster, or man-made catastrophe.

NOW, THEREFORE, BE IT RESOLVED, that the Mutual Aid Box Alarm System Agreement, a copy of which is attached hereto and incorporated herein by reference, is hereby approved by the City of Fort Atkinson this      day of       , 2008

The Fire Chief reviewed and explained the state-wide Mutual Aid agreement to the Council and answered questions.

Cm. Zastrow, seconded by Cm. Simdon, moved to approve and adopt the Resolution approving the Mutual Aid Box Alarm System Agreement for the Fire Department. On call of the roll, the motion carried unanimously.

    e.  REVIEW AND APPROVE PROCLAMATION DECLARING THE WEEK OF APRIL 20-26, 2008 AS "REDUCE YOUR ENVIRONMENTAL IMPACT WEEK."

Cm. Simdon, seconded by Cm. Tesmer, moved to approve the Proclamation declaring the week of April 20-26, 2008 as "Reduce Your Environmental Impact Week." The motion carried on a voice vote.

10.  MISCELLANEOUS
    a.  GRANTING OPERATOR LICENSES.

Cm. Zastrow, seconded by Cwmn. Behrens, moved to approve the following list of applicants for operator licenses for the 2006-2008 license period:

REGULAR:	Devin L. Bruni	for use at Pizza Hut
	Doreen M. Casaz	for use at Southside Shell
	Melissa J. Reich	for use at Lions Quick Mart

The motion carried on a voice vote.

    b.  SPECIAL BEER LICENSE FOR LIONS CLUB'S ANNUAL SMELT FRY AT MUNICIPAL BUILDING ON APRIL 4, 2008.

Cm. Tesmer, seconded by Cm. Simdon, moved to approve the Special Beer License for the Lions Club's Annual Smelt Fry at the Municipal Building on April 4, 2008. The motion carried on a voice vote.

    c.  REQUEST TO SET AIRPORT AND PUBLIC WORKS COMMITTEE MEETING DATES.

The Council set an Airport Committee meeting for March 13, 2008 at 4:00 p.m. and a Public Works Committee meeting for March 17, 2008 at 4:00 p.m.

11.   CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
 
    a.  VERIFIED CLAIMS.

Cm. Zastrow, seconded by Cwmn. Behrens, moved the bills in the amounts of $205,699.09 for the City (Fund 1); $45,490.69 for the Sewer Utility (Fund 2); $9,229.87 for the Water Utility (Fund 3); $635.00 for Downtown Economic Development (Fund 13); and $129,328.13 for Payroll 4 as per Schedule N-65 on file in the office of the City Clerk/Treasurer and as audited and approved by the Finance Committee be allowed and orders be authorized drawn on the proper funds for their payment. On call of the roll, the motion carried unanimously.

12.  ADJOURNMENT
 
Cm. Zastrow, seconded by Cwmn. Behrens, moved to adjourn the March 4, 2008 regular City of Fort Atkinson Council meeting at 8:59 p.m. The motion carried on a voice vote.

/s/ Matt Trebatoski
City Clerk/Treasurer