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, City Attorney, City Clerk/Treasurer, Park & Recreation Director, Wastewater Utility Supervisor and Assistant Engineer.

3.  APPROVAL OF MINUTES OF MARCH 4, 2008 REGULAR COUNCIL MEETING
 
Cm. Zastrow, seconded by Cwmn. Behrens, moved to approve the minutes the March 4, 2008 regular Council meeting. The motion carried on a voice vote.

4.  PUBLIC HEARINGS
 
    None.

5.  PETITIONS, REQUESTS AND COMMUNICATIONS
 
    a.  REQUEST FOR WAIVERS OF 2,500-FOOT SEPARATION AND 1% OF POPULATION REQUIREMENTS FOR COMMUNITY BASED RESIDENTIAL FACILITY TO BE LOCATED AT 1621-1623 PREMIER PLACE.

Cm. Tesmer, seconded by Cm. Simdon, moved to approve the request for waivers of the 2,500-foot separation and 1% of population requirements for a community based residential facility to be located at 1621-1623 Premier Place, contingent on receiving appropriate licensure. The motion carried on a voice vote.

6.  RESOLUTIONS AND ORDINANCES
 
    a.  SECOND AND POSSIBLY THIRD READINGS OF 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 there are a couple options for action tonight. This is the second reading of the ordinance and in order to act on it tonight the Council would need to suspend the rules and pass the ordinance through its third reading with a two thirds vote. The second option is to close the second reading and schedule a third reading for the next meeting and act on it at that time or at a subsequent meeting.

The City Manager stated two communications came in today from the Chamber of Commerce and Kathy Brandt and are on Council's desks this evening. Both indicated there should not be a restriction on fishing.

To give a little history of where we're at with this issue, the City Manager stated that back in 1977 the City was given some property by the Lormans for Bicentennial Park. Prior to that, the City did not own any property along the riverbank, so consequently it was all private property. As we all know, fishing has occurred all along there for many years and it has been at the pleasure of the property owners who have allowed it. When the City acquired Bicentennial Park it was the first time the City held public property fronting on the river.

In 2002, the City began acquiring easements from property owners as it was moving forward with its downtown redevelopment and TIF district. A sample copy of the easements is provided in the Council packet. The easements identify what rights the City has within the easement areas. Basically they allow the City to maintain, repair and replace the riverwalk and specify the rules and regulations.

The easements state the City shall be responsible for the proper protection of the people using the riverwalk easement areas and shall institute rules and regulations to protect the public and rules and regulations concerning the general public's use of the areas, such as restrictions against fishing, skateboarding, bicycling, etc. The Café Carpe easement did not mention anything about restricting fishing, but all of the other easements did. The City does not own any of the property, it has easements on the property and the easement agreements say what the City can do within the easement areas.

As you know, things have changed since 2002 and the use of the riverwalk area has changed substantially from a blighted area to an attractive riverwalk with corresponding development occurring along it. Now we are seeing more and more use as it has become more accessible along with some problems that were discussed at the public hearing.

Referencing a large map on the Council Chambers wall, the City Manager illustrated all of the unrestricted fishing areas and the proposed restriction area. The north side of the river from about Shirley Street to Riverside Drive where we take the bend and from the bike trail to the end of the Water Utility is all unrestricted fishing and not proposed to be changed. On the south side of the river, according to the ordinance, fishing would still be unrestricted from the bike trail over to the Robert St. Bridge and restricted from the bike trail east to the Legion Dugout. Originally the Parks & Recreation Board looked at two areas within the currently proposed restriction area that maybe had sufficient area to allow fishing, however they felt that would be too hard to enforce.

The map showed a little over 3,000 feet of unrestricted fishing area on the north side and about 943 feet of unrestricted fishing space on the south side. The restricted area on the south side is about 1,300 feet. In total, about 25% is restricted and 75% unrestricted.

Cm. Zastrow stated unfortunately as this issue has been discussed and reported through public hearing and the media, it has taken on a negative connotation that the City is looking to ban fishing. What we're really trying to accomplish here is to create designated fishing areas and in the process create a walkway that can accommodate everybody and not exclude or create unusual or unnecessary hazards for the general public. He thinks the City has the need and right to create a general public safety along this area and do it in such a way that we're establishing designated areas as opposed to a ban or something punitive or negative that casts a negative light on a great public asset we have in the downtown.

Cwmn. Behrens stated prior to the riverwalk's development, our riverbanks looked pretty bad. The people who used it abused it and the best thing that ever happened to the riverbanks was that it was developed into a riverwalk. So now, because the City has created that, it seems we ought to be looking at the general good and not just at a specific group who wish to use the riverwalk at their leisure. Cwmn. Behrens said she has been in the building right next to the Legion for 8 years and while I'm not a tenant, I work for a company that rents the building and see the abuses that happen on the riverwalk every day.

People do spread out on the sidewalk and use the benches to prop their rods and people have to step down and walk around them into the parking lot. We continue to cleanup down there now including human feces and destroyed landscaping that the taxpayers are paying a lot of money for to make it look nice. She thinks we've come to a point where the City of Fort Atkinson has progressed and we need to look at the general good, and the general good is that we should be allowing the majority to use the riverwalk.

Cwmn. Behrens stated the comments Cm. Zastrow has just made would fit in terms of how do you do this fairly and she thinks we are trying to do that as fairly as we can. It isn't like people can't fish. There are a lot of places to fish on the Rock River and a lot of boats you can rent if you don't have one. Cwmn. Behrens said she has heard about tourism. Her family members are big fisherman and they have their 12 pack in their cooler when they leave. They stop and get their bait and maybe some gas and then they're sitting out on the riverbank all day. They're not downtown shopping or sitting in a restaurant dining. They're there to be fishing, so she doesn't want to hear about tourism.

Cm. Tesmer stated he's been trying to maintain an open mind about this through the process. He was very impressed and persuaded by the outpouring of sentiment that we had at the last meeting. He has gotten calls and contacts on both sides. He appreciates that there is a problem due to hearing it from enough people, but doesn't see that there's anything inherent in the act of fishing that necessarily results in these problems. He thinks that this is just extremely inconsiderate people, some of whom happen to be fisherpeople, but he thinks most people fishing don't exhibit that behavior. Cm. Tesmer then read the letter received from the Chamber which he indicated expresses his position on the issue. The letter recommended accommodating all parties through the following methods:

• Place trash and recycling bins along the Riverwalk.
• Add directing signage along Riverwalk to public restrooms.
• Construct a sign on the theatre façade identifying it as a public restroom.
• Build public restrooms at Bicentennial Park.
• Enforce existing ordinances:
• Unlawful to block walkway.
• Public urination is unlawful.
• Littering is unlawful.
• Suggestions for signs along the Riverwalk:
• Unlawful to block walkway
• Restrooms (directional arrows)
• No littering

Cm. Tesmer thinks that without going to the extreme of passing an ordinance that bans fishing or restricts it, we already have the tools in place to deal with it.

Cm. Simdon stated like most of the people who spoke last week, he grew up on the river too and was down there all the time and still is quite a bit. One thing that surprised him was that he didn't realize that the south side of the river from what was the railroad trestle upstream was all private property; he always assumed that that was public property. He always fished there and none of the owners ever complained, so we just took it for granted.

If the City had not built the walkway, there is no guarantee that fishing would be allowed and in the mean time the City has gained the entire area of what was the gas company property, which until 2001 or 2002 no one had access to fish on and that's where we all wanted to fish. That area will still be open to fishing regardless of whether the ordinance passes. Cm. Simdon stated he hasn't been down there to see himself, but if it is not a problem, he certainly doesn't want to restrict fishing, but if it is a problem, the City needs to.

Cm. Simdon continued stating everybody wants the riverfront to be utilized and we want it to look nice and it certainly does. We want the businesses to succeed that have invested their money in those buildings and properties down there, that's not a question. The questions is can we get along? If we can't, we'll have to restrict it. The people who are here, he honestly doesn't think are the problem and he feels badly about that because he knows they are the ones who feel bad about it. The people who will be restricted probably won't care, because they'll show up and just go someplace else and won't bat an eye about it. Our own local residents are going to be the ones that feel bad about it.

President Mielke stated he appreciates everyone's comments and would like to add that there is a problem walking up and down the riverwalk of trash being left behind and times when fishing poles are cast over the walkway that sometimes makes progress up and down the riverwalk difficult. He, like other Council members, has heard from a lot of people on this issue and its interesting the number of people who have expressed their opinions both at the public hearing and by contacting the Council. He respects their points; there are good and valid points on both sides of the argument.

President Mielke stated he seems to agree with the opinion of trying to manage the nuisance first with additional trash cans and signage. It may be "poo pooed" by some people as nobody's going to pay attention to those signs and people are still going to abuse the riverwalk. That may well be true and we may be looking at it again from an access restriction standpoint, but the opinions he's gotten from citizens is let's try managing the issue first before we talk about restricting. He thinks this is a reasonable approach.

Cwmn. Behrens stated in looking at the Chamber's letter stating it's unlawful to do this and that and the other thing and we don't need any ordinance to prohibit, sounds great to her, but it still goes on. We have all these rules in place and it still goes on. So now we're suggesting we put more signs up. She stated she has a problem with that. That's certainly not a criticism of our Police Department, she thinks they have their hands full with what they have. It's a matter of enforcement and she doesn't think the City can afford to hire more people to enforce. The signs aren't worth anything if there's nobody there to enforce.

President Mielke asked Cwmn. Behrens if that wouldn't also be true with a restriction as well?

Cwmn. Behrens stated that's true, but it gives it more teeth.

President Mielke asked if it is in fact an existing ordinance against blocking this walk like a sidewalk.

The City Attorney stated if this would be defined as a sidewalk then there are ordinances that would be applicable.

Cwmn. Behrens stated her point is that you can put your signs up, but you have to inspect what you expect or it's not going to happen.

Cm. Tesmer stated one possibly very positive outcome of the debate we're having is hopefully that awareness has been raised in the City. It's his hope as a result of this, that there is going to be some self-policing going on. Some of the people at the last meeting are going to call people out on this when they see them doing this kind of thing. He stated he walks down there quite regularly, usually over his lunch hour, and if he sees people doing this type of thing he's going to tell them that they can't block this, and this is why we are talking about a ban on fishing down here.

Cwmn. Behrens stated there was a woman in the audience at the public hearing who said the people who were anti-restriction were so intense she was afraid to get up and speak her mind. She talked with another lady who is afraid to walk down there at night. Cwmn. Behrens stated she believes there is a voice that hasn't been heard. All we've heard are the guys who want to fish.

Cm. Tesmer stated he doesn't think there is anything inherent about fishing that brings out the worst in people. He fails to see the connection. Yes, there are some very bad people who are fishing down there, but it's like throwing the baby out with the bathwater. We're impugning the whole sport because of some bad eggs. Cm. Tesmer stated he thinks we can try to enforce and try to react to the behavior rather than the sport.

Cm. Zastrow stated we're not impugning the sport by any means, we're designating fishing areas and the map shows a 3:1 margin in favor of fishing.

Cm. Tesmer stated he can't vouch for this from personal experience, but he's told the area we're looking to restrict is probably the best fishing in the downtown area.

Cm. Zastrow stated on the safety aspect, there was a perfect example that happened just this past weekend where two gentlemen fell off the riverwalk into the water and had to be rescued. He fully understands fishing wasn't related, but in another month or two or in June and July someone could be trying to walk down the riverwalk in the evening and not see fishing poles or the lines strung across the walkway and inadvertently walk themselves right into the river and we could have a real tragedy on our hands the next time it happens.

Cm. Tesmer stated he agrees, he doesn't think people should be stringing their lines across the walkway either. There's no reason to have to do that and he agrees with that point.

Cm. Zastrow stated we can create and sign these designated areas and in doing so do a better job of creating a very public-safe environment along the riverwalk. When the City created this seven or eight years ago he was on the Council and the purpose of all this was to create a public good and an environment that everyone could enjoy. We run the risk of taking away that enjoyment from a very large portion of our population if we make the riverwalk unsafe and not as accessible as it can or should be.

Cm. Tesmer stated he must be going at the wrong time because he does go down there a lot and he has never had a problem. At lunch time he walks his dog down there quite often, he's often down there in the evening and he has had to walk around people who are fishing and agrees that that's not a good thing, but he kind of sees that as minor and thinks we can deal with that.

Cwmn. Behrens stated there was one occasion when someone was pushing a wheelchair through there and the fishermen were quite aggravated because they had to move in order for the wheelchair to pass. She thinks Cm. Tesmer is fortunate he has not run into it. Cwmn. Behrens stated she sees women with strollers who have to get down off of the curb, go around the parked cars and get back up when they get beyond the fishermen. She thinks we just have to make a compromise here, but she thinks the fishermen have to make a compromise too.

Cm. Tesmer stated clearly he thinks some of the behavior we're describing can't go on. He totally agrees with that.

President Mielke stated regarding public hearings, he gets that it can be difficult to get up and speak at any public forum, particularly when it appears you're going to express the minority viewpoint in the room that day. He has heard from a number of people who support the ordinance, so it's not just a matter of hearing from people who oppose it, it's been from both sides and he thinks they both have good and valid points. Cm. Mielke stated he was encouraged by what seemed to be in his mind people coalescing around the idea of giving managing the nuisance a shot.

The Parks & Recreation Director stated it's been about ten months since beginning this issue. To start gathering information, the Parks & Rec. Department went down and spoke with the businesses to obtain their opinions regarding fishing. Something the Board dealt with in trying to figure out a solution was not knowing exactly what the riverwalk was originally intended for.

Everybody has their own idea of what a riverwalk is and what it's good for. A fisherman might think it's a good pier to fish off, a business owner might think it will enhance their business, a citizen may not use it but view it as a community asset. He's not sure how the Chamber viewed it, if it was from a tourism standpoint, business standpoint or whatever. He doesn't know if there was ever a true vision for the riverwalk. When the grant was written to the State for over $500,000 to complete the riverwalk, the City pretty much included everything, to hopefully allow for everything. The only thing not accomplished yet is places for boats to dock, which will hopefully be done at some point.

Another thing that came up was the idea of a sidewalk ordinance. At one of the first Parks & Recreation Board meetings on this issue, Lt. Schulz from the Police Department informed the Board he was looking for specific legal definitions of the riverwalk to determine what a patrol could do and felt that currently there is no legal authority to ask someone to move along if they are blocking the riverwalk. So regardless of the direction the Council decides to go, there may need to be some legal definition established for down there.

Cm. Zastrow asked the Parks & Recreation Director if he got a feel when conducting his investigations of what proportion of people fishing were from within Fort Atkinson community versus outside the City of Fort Atkinson. The Parks & Recreations Director indicated he could not answer that with any exact percentage, but thinks there is a fair mix.

Cwmn. Behrens, seconded by Cm. Zastrow, moved to move the ordinance to its third reading. The motion failed with Simdon, Tesmer and Mielke opposed.

The Council inadvertently voted on this motion under the impression it was to suspend the rules and move the ordinance to its third reading at this meeting. It was later clarified in the meeting that the actual intent of the motion was to simply close the second reading and move the ordinance to its third reading at a subsequent meeting. Regardless, the end result is the ordinance will move to its third reading at the next Council meeting.

The City Manager stated the third reading of the ordinance will be scheduled for April 1, 2008, which is the next regular Council meeting.

7.  REPORTS OF OFFICERS, BOARDS AND COMMITTEES
 
Cwmn. Behrens, seconded by Cm. Simdon, moved to accept and file the minutes of the Ambulance Advisory Committee meeting held February 28, 2008; the minutes of the Special Dwight Foster Public Library Board meeting held October 11, 2007; the minutes of the Dwight Foster Public Library Building Committee meeting held November 8, 2007; the minutes of the Dwight Foster Public Library Building Committee meeting held January 23, 2008; the minutes of the Dwight Foster Public Library Board meeting held February 4, 2008; the Electrical, Building and Plumbing Permit reports for February, 2008; the minutes of the Comprehensive Plan Steering Committee meeting held March 10, 2008; the minutes of the Planning Commission meeting held March 11, 2008; and the minutes of the Airport Committee meeting held March 13, 2008. The motion carried on a voice vote.

8.  UNFINISHED BUSINESS
 
    a.  RECOMMENDATION FROM AMBULANCE ADVISORY COMMITTEE TO APPROVE 2007 END OF YEAR REPORT ON AMBULANCE SERVICE.

The City Manager stated Ryan Brothers is happy to be in the community and the activity outside of the City contract is enough to make it a profitable venture for them in Fort Atkinson.

Cm. Simdon, seconded by Cm. Tesmer, moved to accept and file the Annual Report. The motion carried on a voice vote.

    b.  RECOMMENDATION FROM AIRPORT COMMITTEE TO ALLOW INSTALLATION OF PLAYGROUND EQUIPMENT AT THE AIRPORT ADJACENT TO ATMOSPHAIR SKYDIVING'S HANGAR.

The City Manager stated Atmosphair Skydiving believes there is a need for an area for kids to play in when families come out to skydive. The Airport Committee agreed to allow a fenced in area subject to Council approval. The one thing that changed from the letter is the City has no desire to have it donated to the City along with maintenance and liability.

Cm. Simdon asked if compliance for safety has been checked on this structure. The City Manager stated it would need to meet the current guidelines and standards for park equipment. The Parks & Recreation Director stated standards and guidelines are established by the Product Safety Commission. The depth and type of safety surfacing and whether the equipment is commercial grade would be the main issues if the structure is new.

When asked what would happen with the City's insurance, the City Manager stated it would fall under Atmosphair Skydiving's insurance policy.

Cm. Simdon, seconded by Cm. Tesmer, moved to allow installation of playground equipment at the Airport adjacent to Atmosphair Skydiving's hangar, contingent on the playground structure and area meeting all applicable safety standards to be reviewed by City staff and to respectfully decline the offer for the City to accept the equipment, liability and maintenance. The motion carried on a voice vote.

9.  NEW BUSINESS
 
    a.  REVIEW AND APPROVE QUOTES FOR REPLACEMENT PUMPS FOR THE AEROBIC DIGESTOR AND MEMORIAL LIFT STATION FOR THE WASTEWATER UTILITY.

Cm. Zastrow, seconded by Cwmn. Behrens, moved to approve the purchase of two replacement pumps for the aerobic digesters in an amount not to exceed $15,000 and one replacement pump for the Memorial Lift Station in an amount not to exceed $12,000 from ITT Flygt of Pewaukee. On call of the roll, the motion carried unanimously.

    b.  REVIEW AND APPROVE QUOTE FOR ADDITION OF CONTROLS FOR HEATING, VENTILATION AND AIR CONDITIONING SYSTEM AT THE MAIN BUILDING AT THE WASTEWATER UTILITY.

The Wastewater Utility Supervisor stated $7,100 was budgeted for this item and the City has negotiated a price of $6,771 with Capital Automation of Sun Prairie.

Cm. Simdon, seconded by Cm. Tesmer, moved to approve the purchase of controls for the heating, ventilation and air conditioning system at the main building at the Wastewater Utility in an amount not to exceed $6,771 from Capital Automation of Sun Prairie. On call of the roll, the motion carried unanimously.

10.  MISCELLANEOUS
    a.  GRANTING OPERATOR LICENSES.

The motion carried on a voice vote.

    b.  AGENT CHANGE FOR PICK-N-SAVE.

    c.  REQUEST TO SET BOARD OF CANVASS MEETING DATE.

The Council set the Board of Canvass meeting for April 2, 2008 at 10:00 a.m. in the Clerk/Treasurer's office of the Municipal Building.

    d.  CITY, SEWER AND WATER FINANCIAL STATEMENTS AS OF FEBRUARY 28, 2008.

The City Manager stated he didn't have anything tonight for this item, but would have a written report for the quarter next time.

Cm. Simdon, seconded by Cm. Zastrow, moved to accept and file the City, Sewer and Water Financial Statements as of February 28, 2008. The motion carried on a voice vote.

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

Cwmn. Behrens, seconded by Cm. Simdon, moved the bills in the amounts of $395,354.57 for the City (Fund 1); $30,097.02 for the Sewer Utility (Fund 2); $34,650.93 for the Water Utility (Fund 3); and $128,161.40 for Payroll 5 as per Schedule N-66 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 Cm. Simdon, moved to adjourn the March 18, 2008 regular City of Fort Atkinson Council meeting at 8:09 p.m. The motion carried on a voice vote.

/s/ Matt Trebatoski
City Clerk/Treasurer