10-19-26 City Council Packet

CITY OF MENOMONIE COUNCIL MEETING AGENDA Menomonie City Hall 800 Wilson Avenue 1st Floor, City Council Chambers 7:00 pm Monday – October 19, 2026 Page 1 of 2 Pledge of Allegiance 1. Roll Call 2. Approval of Minutes 3. Public Comments (agenda items only). 4. New Business: a) Preliminary General Fund Budget Review – discussion only (no action). b) Menomonie Police Department presentation on current use of Flock Cameras – discussion only (no action). c) Proposed Ordinance 2026 -13, an Ordinance amending Title 10, Chapter 23, Data Center Industrial (I -4) District with respect to Height, Yards, Area and Other Requirements – discussion, possible introduction, and possible referral to the Plan Commission. d) Proposed Resolution 2026 -29, a Resolution regarding Emergency Declaration and Award of Construction Contract for Well #6 Vehicle Damage Repair – discussion and possible action. e) Proposed Assessment Contract with Kleven Property Assessment, LLC for 2027 -2029, including Reassessment in 2027 – discussion and possible action. f) Proposed Resolution 2026 -30, a Resolution requesting exemption from the County Library Tax – discussion and possible action. g) Proposed Lease Agreement with Christmas Miracle, Inc. for vacant land on Wolske Bay Road through February 28, 2027 – discussion and possible action. h) Special Event Application from Downtown Menomonie for the Winter Daze Parade on 10th Avenue East, Broadway Street South, Main Street East, 4th Street East, Wilson Avenue East and 3rd Street East on Thursday, December 10, 2026 – discussion and possible action. i) Special Event Application from Menomonie Farmers Market for food truck on 6th Avenue West on the first and third Saturdays from November 7, 2026 to April 17, 2027 – discussion and possible action. 5. Budget Transfers 6. Mayor’s Report Page 2 of 2 7. Communications and Miscellaneous Business a) State of the City Town Hall Meeting will be held on Tuesday October 20, 2026 at 6:00 PM in the Auditorium at Menomonie High School (1715 5th Street West). b) November 2, 2026 Council Meeting will be held at 6:00 PM. 8. Claims 9. Licenses: a) Normal license list – discussion and possible action. b) Application for Premises Amendment for existing Class A Combination License (Class “A” Beer and “Class A” Liquor) of NIL9 Menomonie Enterprises, LLC d/b/a Dick’s Fresh Market (1408 9th Street East) – discussion and possible action. c) Application for Class “B” Beer License from Red Cedar Fly Fishing, LLC (300 Crescent Street) – discussion and possible action. 10. Adjourn “PUBLIC ACCESS” NOTE: Members of the public may view City Council meetings via Zoom Teleconference / Video Conference or over the internet by going to https://zoom.us/join (URL for Zoom meeting), or by calling 1 312 626 6799. The Access Code for the meeting is 815 7444 1720. Please note this is for viewing purposes ONLY . If you wish to participate, you must appear in person at the meeting. NOTE: Upon reasonable notice, efforts will be made to accommodate the needs of individuals with disabilities. For additional information or to request the service, contact the City Clerk or the City Administrator at 715-232-2221. CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – October 19, 2026 Page 1 of 6 2. Approval of Minutes: a) Draft minutes from the City Council Meeting on October 5 , 2026, are enclosed. If the Council concurs, the appropriate motion would be Approve the Minutes from the October 5, 2026, City Council Meeting (simple majority vote). 4. New Business: a) The preliminary 2027 General Fund Budget will be distributed to City Councilmembers prior to the City Council meeting . City Administrator Atkinson will present the preliminary budget and answer any questions the City Council might have. The 2027 General Fund Budget will be discussed in greater detail at the November 2, 2026 City Council Meeting. A Public Hearing will be held for the 2027 General Fund Budget at the November 16, 2026 City Council Meeting after which the City Council will consider its adoption. This item is presented for information only. No action is intended at this time. b) Enclosed is information regarding Flock cameras. Police Chief Hollister will give an overview of how Menomonie Police Department uses Flock cameras and answer any questions the City Council might have. This item is presented for information only. No action is intended at this time. CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – October 19, 2026 Page 2 of 6 c) Enclosed is a memorandum regarding the Proposed Ordinance 2026 -13 amending Data Center Industrial (I -4) District Zoning. City Administrator Atkinson and Public Works Director Schofield will present the memorandum and answer any questions the City Council might have. Earlier drafts of the proposed ordinance were discussed on August 3, September 8 and September 15. If the City Council is willing to consider Proposed Ordinance 2026-13, the appropriate motions would be: • Introduce Proposed Ordinance 2026 -13, an Ordinance amending portions of Title 10, Chapter 23 of the City Code regarding the Data Center Industrial (I-4) Zoning District (no vote). • Refer Proposed Ordinance 2026-13, an Ordinance amending portions of Title 10, Chapter 23 of the City Code regarding the Data Center Industrial (I-4) Zoning District to the Plan Commission for Review (simple majority). d) Enclosed is a memorandum regarding Proposed Resolution 2026 -29 regarding the Well #6 Vehicle Damage Repair. Public Works Director Schofield will present the memorandum and answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-29, a Resolution regarding Emergency Declaration and Award of Construction Contract for Well #6 Vehicle Damage Repair (roll call vote). e) Enclosed is a proposed 2027-2029 Assessment Contract with Kleven Property Assessment, LLC. The Wisconsin Department of Revenue has notified the City that it must complete a revaluation assessment in 2027. The proposed Assessment Contract includes the 2027 Revaluation Assessment, 2028 Maintenance assessment, and 2029 Maintenance Assessment . City Administrator Atkinson will present the proposed Assessment Contract and answer any questions the City Council might have. If the Council concurs, the appropriate motion would be Approve the 2027-2029 Assessment Contract with Kleven Property Assessment, LLC, as presented (roll call vote). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – October 19, 2026 Page 3 of 6 f) Enclosed is Proposed Resolution 2026-30 regarding the County Library Tax. Library Director Sterk and City Administrator Atkinson will present the proposed resolution and answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve Resolution 2026 -30, a Resolution requesting Application for Exemption from the County Library Tax (simple majority vote). g) Enclosed is a proposed Lease Agreement with Christmas Miracle, Inc. for vacant space on Wolske Bay Road through February 28, 2027. City Administrator Atkinson will present the proposed lease and answer any questions the City Council might have. If the Council concurs, the appropriate motion would be Approve the Lease Agreement with Christmas Miracle, Inc through February 28, 2027, as presented (simple majority vote). h) Enclosed is Special Event Application from Downtown Menomonie for the Winter Daze Parade on 10th Avenue East, Broadway Street South, Main Street East, 4 th Street East, Wilson Avenue East and 3 rd Street East on Thursday December 10, 2026. This event has been held in previous years with no issues. If the City Council concurs, the appropriate motion would be Approve the Special Event Application from Downtown Menomonie for the Winter Daze Parade on 10th Avenue East, Broadway Street South, Main Street East, 4th Street East, Wilson Avenue East, and 3rd Street East on Thursday December 10, 2026, as presented (simple majority vote). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – October 19, 2026 Page 4 of 6 i) Enclosed is Special Event Application from Menomonie Farmers Market to allow a food truck to be parked in, and serve from, two metered parking stalls on the south side of 6 th Avenue West, adjacent to The Raw Deal on the first and third Saturdays from November 7, 2026 to April 17, 2027. City Staff recommend that any approval be contingent upon approval of the Parking Utility. If the City Council concurs, the appropriate motion would be Approve the Special Event Application from Menomonie Farmers Market, Inc. to allow a food truck to be parked in, and serve from, two metered stalls on the south side of 6th Avenue West, adjacent to The Raw Deal (603 Broadway Street South) on the first and third Saturdays from November 7, 2026 to April 17, 2027, as presented, contingent upon approval by the Parking Utility (simple majority). 5. Budget Transfers Two intra-fund budget transfer requests are enclosed. The Solid Waste Utility and the Community Services Departments both propose to transfer funds from within their own operations to cover the cost of portable restrooms. Environmental Services Coordinator Hines and C ommunity Services Superintendent Meriwether will be on -hand to answer any questions the City Council might have. If the Council concurs, the appropriate motion would be Approve the Budget Transfers, as presented (roll call vote). If additional budget transfer requests are received , they will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Budget Transfers, as presented (roll call vote). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – October 19, 2026 Page 5 of 6 7. Communications and Miscellaneous Business The State of the City Town Hall Meeting will be held on Tuesday October 20, 2026 at 6:00pm in the Auditorium at Menomonie High School (1715 5 th Street West). A Badke Notice has been posted, so City Councilmembers may attend. No action on any topic will be taken. The November 2, 2026 City Council Meeting will be at 6:00pm. This early start will provide time for City Staff to reconfigure the room for the General Election the following day. 8. Claims The Claims list is enclosed in the packet. If the City Council supports paying the claims, the appropriate motion would be Approve the Claims List, as presented (roll call). If any additional claims are identified, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Claims List, as presented (roll call). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – October 19, 2026 Page 6 of 6 9. Licenses a) The normal license list is enclosed in the packet. If the City Council concurs, the appropriate motion would be Approved the Normal License List, as presented (simple majority). If any additional license applications are received, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Normal License List, as presented (simple majority). b) Enclosed is an application for a Premises Amendment for the existing Class A Combination License (Class “A” Beer and “Class A” Liquor) of NIL9 Menomonie Enterprises, LLC d/b/a Dick’s Fresh Market. Dick’s Fresh Market is in the process of relocating their liquor store from the southwest corner of the building to the northwest corner of the building (previously the bakery). The existing license refers to the specific premises within the store, thus this relocation requires a premises amendment. If the City Council concurs, the appropriate motion would be Approve the Premises Amendment for the existing Class A Combination ( Class “A” Beer and “Class A” Liquor) License of NIL9 Menomonie Enterprises, LLC d/b/a Dick’s Fresh Market (1408 9 th Street East), as presented (roll call vote). c) Enclosed is a Class “B” Beer License application from Red Cedar Fly Fishing, LLC. Red Cedar Fly Fishing has proposed to sell beer within the existing business at 300 Crescent Street. If the City Council concurs, the appropriate motion would be Approve the issuance of Class “B” Beer License to Red Cedar Fly Fishing, LLC (300 Crescent Street), as presented (roll call vote). CITY OF MENOMONIE COUNCIL MEETING OFFICIAL COUNCIL PROCEEDINGS Page 1 of 3 A regular meeting of the City Council of the City of Menomonie, Dunn County, Wisconsin, was held in open session on October 5, 2026, and called to order by Mayor Crowe at 7:00 p.m. in the City Council Chambers. The following members were present: Luther, Edwards, Sommerfeld, Pickard, Schwebs, Hargrove, Schlough, Erdman, and Sommerfeld. Yonko and Gentz were absent. MOTION made by Erdman, seconded by Pickard, and carried unanimously to approve the minutes of the September 8 and September 21, 2026 City Council meetings. PUBLIC COMMENTS – Rebecca Soehnborn, Director of Downtown Menomonie, spoke in favor of agenda item 9 (c). No other public comments received. PRESENTATION - An update was provided on Proactive rental Inspections in the Neighborhood Stabilization and Enhancement District #1 – No action was taken. MOTION was made by Schwebs, seconded by Hargrove, and carried unanimously on a roll call vote to award the solid waste site gate contract to Hayworth Fence Company of Chippewa Falls, WI at a cost of $40,000. RESOLUTION – MOTION was made by Pickard, seconded by Edwards, and carried unanimously to adopt Resolution 2026-27, a resolution approving a Multi-Hazard Mitigation Plan for the City of Menomonie. RESOLUTION – MOTION was made by Pickard, seconded by Hargrove, and carried unanimously to approve Resolution 2026-28, a Resolution designating the National Incident Management System (NIMS) as the basis for incident management in the City of Menomonie. MOTION was made by Schlough, seconded by Sutherland, and carried unanimously to approve the lease agreement with the Menomonie Area Chamber of Commerce, as presented. PRESENTATION – The draft of the 2027-2031 Capital Improvement Plan for projects and equipment funded by the City’s General Fund, was presented. – No action was taken. MOTION was made by Luther, seconded by Erdman, and carried to approve the Mayoral Re-Appointment of Shirley Reidmann to the Housing Authority Commission to October 2031. BUDGET TRANSFERS – MOTION was made by Schwebs, seconded by Luther, and carried unanimously on roll call vote to approve the Fire Department generator transfer switch budget transfer, as presented. MAYOR’S REPORT – Mayor Crowe shared details for an upcoming partnership with True Wellness, to bring quality of life improvements and access to healthier choices to the City’s Residents. Stating the City, after a few months long assessment by True Wellness, was already in a good place to start, but can continue improvements through a partnership – the details of which are to following in the coming weeks. The Mayor Page 2 of 3 also reported that the Menomonie High School Homecoming, last week, was a huge success, expressing thanks to those who participated and made all the events possible. Mayor Crowe shared that a resident drove their vehicle into the backup generator of Well #6 the night of October 3rd, the Well itself is still operational, but there will need to be repairs and replacement of the backup generator. COMMUNICATIONS AND MISCELLANEOUS BUSINESS – Administrator Atkinson reported that on Oct 19th the first draft of Operational Budget will be available for City Council to view. Budget hearings will start on the first meeting of November, with the final draft of the budget to be presented at the last meeting in November. Deputy City Clerk Johnson reported that the City Clerk's Office will hold extended hours for in-person absentee voting beginning October 20 through October 30, including a Saturday option on October 24 from 10:00 a.m. to 2:00 p.m., as well as evening hours on select weekdays – more information is available on the City’s website. Deputy Clerk Johnson also shared that the City will continue to inform and publicize the recent polling location changes to voters in the lead-up to the November 3 General Election. Public Works Director Schofield gave an overview of the damage to Well #6. The process of repairs are underway, with consultation by MSA Professional Services for the plans, which will be published later this week. Bids are to be finalized and ready for Council consideration by the October 19th meeting. This accelerated timeline is made possible by a Mayoral Executive Order Declaring an Emergency, otherwise this process may have taken into November to start repair work, which may have led to further complications. Schofield reiterated that at this time the Well is still operational. CLAIMS – MOTION was made by Pickard, seconded by Sutherland, and carried unanimously on a roll call vote to approve payment of the following claims: OCTOBER 5, 2026 CLAIMS ADB SAFEGATE AMERICAS, LLC $185.65 BAYSIDE PRINTING, LLC $671.20 CARRICO AQUATIC RESOURCES, INC $1,309.96 COLFAX MESSANGER $886.32 DASTON CORPORATION $23,587.20 PRIMA DATA $2,740.42 STAFFORD ROSENBAUM $1,584.00 WELD RILEY $12,370.50 WIPFLI, LLP $56,911.40 XCEL ENERGY $18,145.94 TOTAL $118,392.59 Page 3 of 3 PARKING UTILITY CLAIMS CLANCY SYSTEMS INTERNATIONAL $350.00 FASTENAL COMPANY $760.20 WIPFLI, LLP $56,911.40 TOTAL $58,021.60 MOTION was made by Pickard, seconded by Sutherland, and carried unanimously to approve the following revised licenses list: LICENSE YEAR – 2026 TEMPORARY “CLASS B” WINE & TEMPORARY CLASS “B” BEER LICENSE: Menomonie Public Library Foundation – 600 Wolske Bay Rd Library Foundation Annual Donor Appreciation Event 11/14/2026, 3:30 p.m. – 5:30 p.m. LICENSE YEAR – 2026-2027 (expires March 31, 2027) MOBILE FOOD VENDOR: NomNom Eggrolls (1314 Knapp St) – Contingent upon passing Police Department background check MOTION was made by Pickard, seconded by Hargrove, and carried unanimously on a roll call vote to approve the issuance of a Class “A” Beer and “Class A” Liquor (Cider Only) Licenses to K&L Investment Group, Inc. d/b/a Amoco (2020 Broadway Street South), as presented. MOTION was made by Erdman, seconded by Pickard, and carried to wave the rules and allow the business owner to speak. MOTION was made by Hargrove, seconded by Edwards, and carried unanimously on a roll call vote to approve the issuance of a Class “B” Beer and “Class B” Liquor Licenses to Rum N Rangoon, LLC d/b/a Dodos Thai and Tiki Lounge (719 Broadway Street South), as presented. MOTION to adjourn was made by Pickard, seconded by Hargrove, and carried unanimously at 7:55pm. Chris Johnson, Deputy City Clerk Investigative Summary License Plate Detection Organization name Created by Date created License Plate Read Offense type License Plate Detection Details License plate Body, make, color Local date/time captured Organization name Search reason Case number Device name Device type Device location Nearest address Device network I, Mary DeWolfe, under 28 U.S.C. § 1746, declare under penalty of perjury that the following is true and correct. This Certification is based on my personal knowledge. I am a Records Custodian for Flock Group, Inc. (“Flock”). I am familiar with how Flock records are made and maintained. These are true and accurate records that were made near the time of the events set forth therein by people with knowledge of those matters, kept in the course of Flock’s regularly conducted business activity, and made as a regular practice of that activity. Executed on Mary DeWolfe
 Custodian of Records 1/1 Report ID: 06ac7e6c-6b77-78c9-8000-95bb14b224b8 Date Created: 10/13/2026, 2:11 PM CDT Menomonie WI PD Matthew Benrud October 13, 2026 Material Witness WI F2636 SUV-Ford-Black October 8, 2026, 1:53:50 PM CDT Menomonie WI PD System Test Test F#001 29 @ Red Cedar EB LPR 44.88306715071628, -91.896865414278 Menomonie WI PD 398 Red Cedar St, Menomonie, WI 54751, USA 10/13/2026. MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 1 TO: Mayor Crowe & City Council FROM: David Schofield, Director of Public Works SUBJECT: Proposed Ordinance 2026-13 amending Data Center Industrial (I-4) District Zoning DATE: October 19, 2026 City Council Meeting On January 5, 2026, the City Council created City Code 10-23 which contains Data Center Industrial (I-4) District Zoning regulations. A copy of the existing Code is attached. On August 3, 2026, the City Council reviewed the first draft of proposed modifications to the Data Center Industrial (I-4) District Zoning regulations. On September 8 and September 15, 2026, the City Council reviewed the second draft of proposed modifications to the Data Center Industrial (I-4) District Zoning regulations. Since then, with assistance from Atty. Larry Konopacki of Stafford Rosenbaum, LLP , City Staff have prepared a third draft attempting to address the comments received regarding the first and second drafts. The major changes include: • Added shorter setback of 75-feet for security buildings under 2,000 square feet. • Added storage yards and parking lots to the 400-foot setback. • Refined the definition for the items subject to the 800-foot setback. • Added a requirement for an earthen berm at least 6-feet in height encircling the site. • Added a requirement for 20% green space. • Added a requirement for dBZ octave bands to address infrasound and tonal noise concerns. • Refined the noise mitigation plan requirements for clarity and to add on-site mitigation requirements. • Refined the traffic mitigation plan requirements for clarity and to add on-site mitigation requirements. • Added a prohibition on temporary structures (such as hoop supported fabric covered structures or shipping containers) from being used to house operational facilities. • Added a requirement for reuse or recycling of all electronic waste in accordance with state and federal requirements. • Refined the Reclamation Bond requirements • Refined the Zoning Code Violation escalation to avoid conflict with state code. MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 2 A copy of the third draft, with annotations and tracked changes from the second draft, is attached hereto. A copy of Proposed Ordinance 2026-13, without annotations and tracked changes, is attached hereto. If the City Council is willing to consider Proposed Ordinance 2026-13, the appropriate motions would be: • Introduce Proposed Ordinance 2026-13, an Ordinance amending portions of Title 10, Chapter 23 of the City Code regarding the Data Center Industrial (I-4) Zoning District (no vote). • Refer Proposed Ordinance 2026-13, an Ordinance amending portions of Title 10, Chapter 23 of the City Code regarding the Data Center Industrial (I-4) Zoning District to the Plan Commission for Review (simple majority). If introduced and referred, the Proposed Ordinance would be reviewed as follows: • Monday November 23, 2026 Plan Commission – Possible Recommendation. • Monday December 7, 2026 City Council – Public Hearing and Possible 1st Reading. • Monday December 21, 2026 City Council – Possible 2nd Reading. • Monday January 4, 2027 City Council – Possible Adoption. To be clear: • No lands are currently zoned Data Center Industrial (I-4) Zoning District. • Any rezoning of lands to the Data Center Industrial (I-4) Zoning District would require a complete application, public notice, a public hearing and City Council action. Attachments: Existing City Code 10-23 Third Draft with annotations and tracked changes from second draft Proposed Ordinance 2026-13 MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 3 Existing City Code 10-23 (Attached) CHAPTER 23 I-4 DATA CENTER INDUSTRIAL DISTRICT SECTION: 10-23-1: Uses 10-23-2: Height, Yards, Area And Other Requirements 10-23-1: USES: A. In the data center industrial district, no building or premises shall be used and no building shall hereafter be erected, converted in use, enlarged, moved or structurally altered unless otherwise provided in this title, except for one or more of the following uses: Agriculture. Data Center. Any use permitted in any commercial district. Any use permitted in the restricted industrial district. Uses customarily incidental to the foregoing uses and accessory buildings and structures B. The following uses are strictly prohibited whether or not they are located in a fully enclosed building: Ammunition manufacture, storage or warehousing. Automobile wrecking yard. Explosives manufacture, storage or warehousing. Fireworks manufacture, storage or warehousing. Inflammable gases or liquids manufacture, storage or warehousing (except in conjunction with the operation of an airport). Junkyard. (Ord. 2026-01, 1-5-2026) 10-23-2: HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS: In the data center industrial district, the height of buildings, minimum dimensions of yards, minimum lot area, vision clearance, off street parking and other requirements shall be as follows for all buildings hereafter erected, converted in used, enlarged, moved or structurally altered: A. Height: Forty five feet (45') or three (3) stories, whichever is least. B. Front Yard Setback: There shall be a front yard setback of four hundred feet (400'). C. Side Yard Setback: There shall be a front yard setback of four hundred feet (400'). D. Rear Yard Setback: There shall be a front yard setback of four hundred feet (400'). E. Lot Area: Same as provided in section 14-4-7 of this code. F. Vision Clearance: Same as provided in subsection 10-4-5G of this title. G. Off Street Parking: Same as provided in section 10-4-7 of this title. (Ord. 2026-01, 1-5-2026) MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 4 Third Draft with annotations and tracked changes from second draft (Attached) 1 OCTOBER 14, 2026 THIRD DRAFT Please Note: 1. The footnotes herein will not be included in the final version of this ordinance. They are included here to aid in the review process. 2. The tracked changes compare to the September 1, 2026 Second Draft (presented to the City Council on September 8 and September 15, 2026). ORDINANCE 2026-__ -13 OF THE ORDINANCES FOR THE CITY OF MENOMONIE FOR 2026. An ordinance amending portions of Title 10, Chapter 23 of the City Code. THE COMMON COUNCIL OF THE CITY OF MENOMONIE DO ORDAIN AS FOLLOWS: Section 1. Section 10-23 of the City Code is hereby repealed and recreated in its entirety to read as follows: CHAPTER 23 I-4 DATA CENTER INDUSTRIAL DISTRICT 10-23-1: USES1: A. In the data center industrial district, no building or premises shall be used and no building shall hereafter be erected, converted in use, enlarged, moved or structurally altered unless otherwise provided in this title, except for one or more of the following uses: Agriculture Any use permitted in any commercial district. Any use permitted in the restricted industrial district. Data Center. Uses customarily incidental to the foregoing uses and accessory buildings and structures B. The following uses are strictly prohibited whether or not they are located in a fully enclosed building: Ammunition manufacture, storage or warehousing. Automobile wrecking yard. Explosives manufacture, storage or warehousing. Fireworks manufacture, storage or warehousing. Inflammable gases or liquids manufacture, storage or warehousing (except in conjunction with the operation of an airport). Junkyard. 1 10-23-1, No changes from Ordinance 2026-01 which was adopted on January 5, 2026. 2 10-23-2: HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS: In the data center industrial district, the height of buildings, minimum dimensions of yards, minimum lot area, vision clearance, off street parking and other requirements shall be as follows for all buildings hereafter erected, converted in used, enlarged, moved or structurally altered: A. Height: Forty-five feet (45') or three (3) stories, whichever is least. For the purpose of this chapter only, building height is defined as the vertical distance between the average ground surface around a building to the highest point on the building, including parapets, peaks and any rooftop mounted equipment. B. Front Yard Setback: There shall be a front yard setback of: a. Seventy-five feet (75’) for security buildings under two-thousand (2,000) square feet.2 b. fFour hundred feet (400’) for all other buildings, storage yards and parking lots3, a.c. and e Eight-hundred feet (800’) for backup generators and chillerscooling equipment4. C. Side Yard Setback: There shall be a side yard setback of: a. Seventy-five feet (75’) for security buildings under two-thousand (2,000) square feet. b. fFour hundred feet (400’) for all other buildings, storage yards and parking lots. b.c. and e Eight-hundred feet (800’) for backup generators and chillerscooling equipment. D. Rear Yard Setback: There shall be a rear yard setback of: a. Seventy-five feet (75’) for security buildings under two-thousand (2,000) square feet. b. fFour hundred feet (400') for all other buildings, storage yards and parking lots. c. Eand e ight-hundred feet (800’) for backup generators and chillerscooling equipment. B.E. Lot Area: The minimum lot area shall be large enough to accommodate the proposed building(s) and the required setbacks listed herein. 2 10-23-2-B (and C and D), Added shorter setback to security buildings. 3 10-23-2-B (and C and D), Clarified that all other buildings, storage yards and parking lots must comply with the 400-foot setback. 4 10-23-2-B (and C and D), Clarified that generators and all cooling equipment, not just chillers, must comply with the 800-foot setback. 3 C.F. Vision Clearance5: Same as provided in subsection 10-4-5G of this code except that the vision clearance setback line shall be a line connecting points seventy-five feet (75’) along each property line as measured from a street intersection. D.G. Off Street Parking6: Same as provided in section 10-4-7 of this code. E.H. Site Lighting7: Same as provided in Section 10-4-11 of this title. F.I. Landscaping8: Same as provided in Section 9-9 of this code except: a. The number of required trees Section 9-9-6-A-1 shall be one tree for each twenty- five feet (25’) (or fraction thereof) of the total perimeter of the property line. b. At least one-half of the number of required trees shall have a minimum caliper of three-inches (3”) for deciduous trees and a minimum height of nine -feet (9’) for coniferous trees. c. An earthen berm at least six feet (6’) in height shall be provided around the entire site. The earthen berm shall be located within the setback area discussed in Paragraphs B, C and D, above. The earthen berm may be omitted at driveway location(s) and as necessary to maintain overland flow drainage paths.9 c.d. No portion of the site may be irrigated turf grass. e. All areas not covered by buildings, equipment, parking lots, driveways, fire lanes, walkways, storage yards, or electrical yards shall be restored with deep -rooted native plants or non-irrigated turf grass. 5 10-23-2-F, The Vision Clearance requirements of City Code 10-4-5G have been added by reference. See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-6983. The exception avoids excessive vision clearance requirements due to the expanded setbacks herein which would have prevented trees from being planted within a 400-foot by 400-foot triangle at intersections. 6 10-23-2-G, The Off Street Parking requirements of City Code 10-4-7 have been added by reference. See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-7032. 7 10-23-2-H, The Site Lighting requirements of City Code 10-4-11 have been added by reference. City Code 10-4-11 requires all fixtures to be downlit/cutoff and have a maximum corrected color temperature of 4,000 Kelvin. Light distribution may not exceed 0.5 footcandle at the property line. A photometric plan is required. See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-14162. 8 10-23-2-I, Landscaping requirements of City Code 9-9 have been added by reference. City Code 9-9 requires a landscape plan with certain numbers of trees and shrubs based upon the size of the project site. See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-6015. The exceptions listed quadruple the number of required trees (from 1 per 100-feet of perimeter to 1 per 25-feet of perimeter), double the required size of 50% of the deciduous trees (from 1.5-inch caliper to 3.0-inch caliper), double the required size of 50% of the coniferous trees (from 4.5-foot height to 9-foot height), prohibit irrigated turf grass, and promotes native plantings. The intent is to provide additional visual buffering more quickly. 9 10-23-2-I-c, Earthen berm requirement added. 4 d.f. A minimum of twenty percent (20%) of the lot shall be maintained as green space. For the purposes of this chapter only, the term “ green space” shall include areas maintained with deep-rooted native plants or non-irrigated turf grass that are at least twenty feet (20’) in width and depth. For the purposes of this chapter only, the term “green space” shall not include areas covered by buildings, equipment, parking lots, driveways, fire lanes, walkways, rock mulch, storage yards, electrical yards, stormwater basins (up to the 100 -year storm event elevation ), and existing or proposed rights-of-way.10 G.J. Storage Yards 11: Storage yards shall be screened from view from adjacent roadways as provided in Section 10-15-6-B of this code. H.K. Water12: Same as Section 8-1 of this code except as follows: a. Water demands shall not, in the City’s sole discretion, exceed system capacity when including all other demands, unless the Developer, at its sole cost and expense pays for the construction of additional capacity. b. Data Hall Cooling Equipment shall minimize use of water . Direct heat exchange to wastewater shall not be used. Open evaporative cooling shall not be used. c. Large periodic water draws in excess of twenty-five thousand (25,000) gallons per day, except for fire-fighting, shall not occur between May 1 and October 1 and shall be coordinated with the City to avoid conflicts with other large periodic water draws and/or planned maintenance activities. The City, at its sole discretion, may deny large periodic water draws.13 d. Developer shall provide detailed water conservation plan that includes best management practices for water conservation and estimated water usage on a gallons per minute, gallons per day and gallons per year basis. 10 10-23-2-I-f, Green space requirement added. 11 10-23-2-J, The screening requirements from City Code 10-15-6-B have been adopted by reference. City Code 10- 15-6-B states: “Screening walls shall form a complete opaque screen and shall be a minimum height of six feet (6') or the height of the materials or products being screened, whichever is higher. The materials used for the screening wall may be an earthen berm and/or plants and/or solid fencing. No woven metal or chainlink fence shall be used...”. See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-7471. 12 10-23-2-K, Water Utility requirements of City Code 8-1 have been added by reference. See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-4830. The exceptions listed directly prohibit certain types of water-intensive cooling methods, eliminate large water draws during hot summer months when lawn irrigation demands elsewhere in the City reduce the City’s available capacity, require a water conservation plan, and require the water conservation plan to be updated regularly to encourage upgrades to further conserve water usage as technology evolves. The intent is to reduce impacts to the water utility and its users. 13 10-23-K-c, Added definition of “large periodic water draw” as over 25,000 gallons. For comparison purposes eight existing users averaged over 25,000 gallons per day in 2024 including Cardinal Glass, 3M, ConAgra, UW -Stout, City of Menomonie, Ellsworth Creamery, Kwik Trip and Phillips Medisize. Extended the summer exclusion period to October 1 to avoid conflicts with high irrigation demands. Added requirement to coordinate large periodic water draws with the City. Added ability for City to deny large periodic water draws. 5 e. Developer shall update water conservation plan no less than once every three (3) years and implement best management practices for water conservation improvements. I.L. Wastewater14: Same as provided in Section 8-2 of this code except as follows: a. Wastewater discharges shall not , in the City’s sole discretion, exceed system capacity when including all other sources, unless the developer, at its sole cost and expense pays for the construction of additional capacity. b. Regardless of the projected flows, developer shall install and maintain a wastewater monitoring facility in accordance with Section 8-2-4-4-M.15 c. The PFOA limit contained in Section 8 -2-4-6-A-12 shall commence effective immediately. d. The PFOS limit contained in Section 8 -2-4-6-A-13 shall commence effective immediately. J.M. Stormwater Management16: Same as provided in Section 9-11 of this code. 14 10-23-2-L, Sewer Utility requirements of City Code 8-2 have been added by reference. City Code 8-2 includes limits on wastewater discharges including, but not limited to, high temperature water, pH levels, and toxic pollutants. See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-4870. On May 4, 2026, the City adopted Ordinance 2026-07 which added limits on PFOA and PFOS but delayed enforcement thereof until January 1, 2029. Ordinance 2026-07 has not, as of this writing, been codified online. The exceptions listed eliminate that delayed enforcement for PFOA and PFOS in this District. The intent is to reduce impacts to the sewer utility and its users. Please note that City Code 8-2-6 allows for suspension of service, after notice and a public hearing, if a discharger violates the City Code 8-2. 15 10-23-2-L-,b, City Code 8-2 requires wastewater monitoring facility for all users exceeding 25,000 gallons per day. This provision eliminates the floor. 16 10-23-2-M, The Stormwater Management requirements from City Code 9 -11 have been adopted by reference. City Code 9-11 requires attenuation of peak discharge rate for the 1-year, 2-year, 10-year and 100-year storm events, total suspended solids removal of 80%, infiltration, and setbacks from waterways and wetlands. See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-6275. These requirements are in addition to Wisconsin DNR’s requirements of NR 151 which includes, but is not limited to, endangered resources and archeologic/historical reviews. 6 K.N. Noise17: a. Construction noise shall be same as provided in Section 5 -1-6-B-5 of this code except that no work shall occur on Sundays and legal holidays. b. Operational noise, measured at the property line, shall not exceed five (5) decibels louder than ambient noise levels in any of the following frequency-weighted decibel measurements: i. dBA (A-Weighting). ii. dBC (C-Weighting). iii. dBZ (Z-Weighting) in any of the following octave bands centered on: 1. 31.5 Hz, 2. 63 Hz, 3. 125 Hz, 4. 250 Hz, 5. 500 Hz, 6. 1000 Hz, 7. 2000 Hz, 8. 4000 Hz, 9. 8000 Hz18. 17 10-23-2-N, The construction noise requirements from City Code 5-1-6-B-5 have been adopted by reference. City Code 5-1-6-B-5 states: “The erection (including excavating), demolition, alteration and repair of any building as well as the operation of any pile driver, excavating equipment, pneumatic hammer, derrick, power or electric hoist, chain saw, power mower or other residential power garden tools, the use of which is attended by noise which tends to disturb the comfort, quiet or repose of any reasonable person therein or within the vicinity, shall be permitted between the hours of six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. on ly...” See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-3283. The exception adds a Sunday as a quiet day. The operational noise increase limit of 5 decibels is based upon the City of St. Louis’s proposed Chapter 26.77. This proposed language requires operation of noise monitoring equipment, quarterly reporting, and, if operational noise limits are violated, an updated noise mitigation plan and improvements to attain compliance. 18 10-23-2-N, Added requirement to evaluate dBZ octave bands to address infrasound and tonal sound deficiencies of dBA and dBC. 7 c. Developer shall provide noise mitigation plan that includes ambient noise level s collected as noted below , estimated noise levels at the property line estimated as noted below, and best management practices for noise mitigation to meet the requirements listed above. i. Ambient noise levels shall be established by a preconstruction survey collected continuously around the clock for a period of not less than seven (7) days. include dBA and dBC Ambient noise levels shall be averaged over a sixty (60) minute measurement period during daytime and nighttime periods. ii. Estimated noise levels at the property line shall assume all generators are operating at full power and all cooling equipment is operating a full power. Estimated noise levels shall be averaged over the same periods listed above. iii. Best management practices shall include , but are not limited to , providing physical barriers (such as enclosures, walls and earthen berms ), lowering maximum power levels of generators or cooling equipment , swapping out equipment for quieter models, avoiding coincidental wavelength peaks, and on-site mitigation measures such as anti-idling signage for delivery trucks. d. Developer shall submit noise mitigation plan to City for review. Developer shall pay for the City’s review of the noise mitigation plan. e. Developer shall install and operate in accordance with the approved noise mitigation plan. 19 b.f. Developer shall install, operate and maintain noise monitoring equipment and provide noise monitoring reports to the City no less than quarterly. Developer shall provide City with handheld noise monitoring equipment to allow for confirmation of noise monitoring reports. If operational noise exceeds the requirements listed above, Developer shall update noise mitigation plan and implement additional best management practices for noise mitigation improvements to come into compliance. 19 10-23-2-N, Clarified requirements for noise mitigation plan, including ambient noise level survey, estimated noise levels, best management practices, and noise mitigation plan review. 8 L.O. Traffic20: a. Developer shall provide a traffic mitigation plan that includes preconstruction traffic counts for all major intersections between the site and the nearest interstate highway, a traffic impact analysis report, recommended on-site mitigation measures such as staggered arrival and departure times and avoidance of school bus traffic periods, recommended temporary traffic controls and improvements for construction traffic , and recommended permanent traffic controls and improvements for operational traffic. b. Developer shall submit traffic mitigation plan to City for review. Developer shall pay for the City’s review of the traffic mitigation plan. b.c. Developer shall pay for, install and maintain all necessary temporary construction traffic controls. c.d. Developer shall pay for the construction of all necessary permanent traffic controls. d.e. Developer and City shall agree on designated construction traffic roadways for construction traffic purposes between the site and the nearest interstate highway access point prior to commencement of construction, and Developer shall use all reasonable effort s to ensure that construction traffic vehicles exceeding twenty thousand (20,000) pounds gross vehicle weight exclusively use such designated construction traffic roadways. e.f. Prior to the commencement of construction, Developer shall provide to the City a professionally prepared analysis of the condition of the construction traffic roadways. M.P. Groundwater21: a. Existing permitted wells, if any, on the property may continue to be used for dust mitigation during construction provided that the monthly volume pumped does not exceed the average monthly withdrawal over the most recent five (5) year period. b. All existing wells, if any, on the property shall be abandoned and sealed prior to issuance of final occupancy. c. No new wells shall be constructed on the property. d. Existing on-site waste disposal systems, if any, on the property shall be removed prior to issuance of final occupancy. e. No new on-site waste disposal systems shall be constructed on the property. 20 10-23-2-O, City Code does not contain requirements for traffic associated with new development. Th is proposed language adds the requirement for a traffic impact analysis, construction traffic mitigation measures (i.e. temporary traffic signals on wires) if necessary, and permanent traffic mitigation measures if necessary. The intent of these proposed requirements is to reduce traffic impacts on the operation of adjacent roadways. 21 10-23-2-P, This proposed language allows for existing wells to be used for dust control purposes as long as the withdrawal does not exceed prior withdrawals, requires existing wells to be abandoned and sealed to prevent operational usage, prohibits construction of new wells to prevent ope rational usage, requires existing on-site waste disposal system (i.e. septic systems) be removed to prevent operational usage, and prohibits the construction of new on-site waste disposal systems to prevent operational issues. The intent of these proposed regulations is to protect wells on adjacent properties. 9 N.Q. Generators22: a. Except for Generator testing or commissioning activities, Generator use is limited to backup/emergency use only. Generators may never be used as a general operating power source for day -to-day operation of the facility. The facility may not commence operation until complete electric service is provided to the site, and Generators may not be used as a power source in the event of a delay in electric service. b. Generator testing or commissioning activities shall not exceed one hundred (100) hours per year.23 c. Generator testing shall be completed between the hours of ten (10:00) A.M. and five (5:00) P.M., Monday through Friday. d. Generator fuel storage tanks shall be double-walled or have exterior containment. e. All Generators shall be in fully enclosed within acoustically treated structures. Penetrations shall be limited to those needed for safe and lawfu l operation, maintenance, and testing of the generator and its supporting systems including, but not limited to , access, intake air, exhaust, cooling, fuel, fluid and electrical connections.24 f. For the purposes of this chapter only, the term “generator” shall include all devices that create electrical energy from an engine powered by natural gas, diesel, propane or any other fuel, or from a steam turbine using steam created by a heat source fueled by natural gas, diesel, propane or any other fuel. For the purposes of this chapter only, the term “generator” shall not include battery storage, photovoltaic solar panels, nor wind turbines.25 O.R. Electric Capacity26: Developer shall provide written confirmation from the electric utility that: a. Electric utility has, or will have, sufficient electric capacity to serve the building or premises. b. Electric utility has or will require the Developer to pay the full cost of all upgrades necessary to serve the building or premises. 22 10-23-2-Q, This proposed language is based upon the City of St. Louis’s proposed Chapter 26.77. The intent of these proposed regulations is to prevent excessive use of generators. These requirements are in addition to Wisconsin DNR’s requirements for Air Quality Permitting. 23 10-23-2-Q-b, This proposed language is based upon Federal Code §63.6640(f) of 40 CFR part 63, subpart ZZZZ. 24 10-23-2-Q-e, This proposed language is based upon the City of St. Louis’s proposed Chapter 26.77. The intent of this regulation is to reduce noise emanating from backup generators. 25 10-23-2-Q-f, This proposed language is intended to define the term “generator”. 26 10-23-2-R, This proposed language requires the Developer to provide proof that they have sufficient electrical capacity. The City does not own an electric utilty nor does it have regulatory powers over the operations of electric utilities. The Wisconsin Public Service Commission regulates electric utilities. Added requirement for Electric utility letter to address the cost of upgrades necessary to serve the building or premises. 10 S. Buildings Roof: a. Temporary structures, such as hoop supported fabric covered structures or shipping containers, shall not be used to house operational facilities. Temporary structures can be used to store materials and/or equipment during the construction phase, but must be removed prior to issuance of final occupancy.27 b. Permanent structures Building Roof shall be have a cool roof (defined as a roofing system with a minimum Solar Reflectance Index of 90 at the time of installation), a green roof (defined as a vegetated roofing system which is functionally integrated into the roof), and/or have rooftop mounted photovoltaic solar panels covering at least 60% of the roof area.28 T. Electronic Waste: c. Developer shall reuse and/or recycle all electronic waste in accordance with state and federal requirements29. 27 10-23-2-S, This proposed language is intended to prevent use of temporary structures in the operational facility. 28 10-23-2-S, This proposed language is based upon the City of St. Louis’s proposed Chapter 26.77. 29 10-23-2-T, This proposed language is intended to promote reuse and/or recycling of all electronic waste. 11 P.U. Bonds30: a. Reclamation Bond: Developer shall provide an irrevocable reclamation bond, in an amount approved by the City, that includes one hundred twenty percent (120%) of the estimated cost of demolition and removal of all buildings, equipment, parking lots, driveways, and storage yards on the site , mechanical decompaction of underlying soils, replace topsoil, and restoration of the site to a the pre-development condition, less the reasonable recycled materials value. Developer shall provide an updated estimate for the reclamation bond amount no less than once every three (3) years for the City’s review and shall increase the irrevocable reclamation bond if the estimate increases. Developer shall grant a recordable easement to the City that authorizes the City to enter the property and demolish and remove all buildings, equipment, parking lots, driveways, and storage yards on the site , mechanical decompaction of underlying soils, replace topsoil, and restore the site to a the pre- development condition if: i. Developer fails to pay property taxes for the property for more than three (3) years, or ii. Developer ceases operations and maintenance of the property for more than three (3) years. b. Road Protection Bond : Prior to Construction, Developer shall provide an irrevocable road protection bond that includes one hundred twenty percent (120%) of the estimated cost to mill and repave the full width and depth of all designated construction traffic roadways. Upon completion of construction and issuance of final occupancy, Developer shall provide to the City a professionally prepared analysis of the condition of the construction traffic roadways. The City shall repair the construction traffic roadways to at least the condition of such roadways prior to the commencement of construction, and bill all such costs directly to the Developer. The City is authorized to draw from the Road Protection Bond to pay such costs if Developer does not remit payment within thirty (30) days of receipt of the request to pay from the City. Following completion of the preceding steps, the remainder of the road protection bond shall be released. 30 10-23-2-TU, This proposed language adds a requirement to provide a reclamation bond to provide for the demolition of the building and site if/when it is no longer in operation. This proposed language adds a requirement for a Road Protection Bond to provide for repairs to construction traffic roadways. 12 Q.V. Zoning Code Violations31: a. Violations of any provision of this Chapter will constitute violations of the Zoning Code and subject to penalties as discussed in Section 10-3-3. b. For the purpose of this chapter only, penalties per day shall double if the violation persists for more than seven ( 7) days, except that they shall not exceed the maximum amount specified by Wisconsin Statutes 62.23(8).32 c. For the purpose of this chapter only, penalties per day shall quadruple if the violation persists for more than twenty-eight (28) days, except that they shall not exceed the maximum amount specified by Wisconsin Statutes 62.23(8).33 d. Imposition of penalties does not preclude the City from pursuing other legal remedies including, but not limited to, an injunction by court order.34 31 10-23-2-UV, The zoning code Violations from City Code 10-3-3 have been adopted by reference. City Code 10-3- 3 states: “Any person, firm or corporation who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this title may also be required, upon conviction, to forfeit not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, together with the costs of prosecution. Each day that a violation continues to exist shall constitute a separate offense .” See: https://codelibrary.amlegal.com/codes/menomoniewi/latest/menomonie_wi/0 -0-0-6910. 32 10-23-2-UV-b, Added escalation clause for violations exceeding 7 days. Added reference to Wis. Stats. 62.23(8) cap. 33 10-23-2-UV-c, Added second escalation clause for violations exceeding 28 days. Added reference to Wis. Stats. 62.23(8) cap. 34 10-23-2-UV-d, Added note clarifying that the City has other legal remedies available in addition to monetary penalties. 13 10-23-3: REZONE APPLICATION REQUIREMENTS35: The following items are required to be submitted with any applications to rezone to the data center industrial district as part of a complete application: A. Identification of proposed end user. B. Conceptual site plan. Conceptual site plans shall include property boundary lines, location and extent of all proposed improvements, setback distances to all property boundary lines, and landscape plan. C. Conceptual building plans. Conceptual building plans shall include floor plan, elevation views of each face of the building. D. Water conservation plan. E. Noise mitigation plan. F. Traffic mitigation plan. G. Electric capacity letter. H. Community benefit estimate 36. Community benefit estimate shall include all of the following: a. Estimate of assessed value prepared by an assessor licensed by the State of Wisconsin with experience in municipal assessment. b. Estimate of property taxes to be paid to each taxing jurisdiction based upon the estimated assessed value, equalization, current tax code, and current mill rates for each taxing jurisdiction. c. Estimate of the number and duration of construction jobs during the construction phase and the average hourly wage. d. Estimate of the number of jobs during operation and the average hourly wage. e. Summary of the services for which outside contractors will be employed during operation. I. Permit status list. Provide a list of all applicable state and federal permits required to construct and operate a Data Center. Applicant shall indicate whether they have obtained, applied for, or when they plan to apply for all necessary state and federal permits.37 35 10-23-3, This language is entirely new, and clarifies what information is required for a complete rezoning application. An incomplete zoning application will not be considered. 36 10-23-3-H, Added a requirement for the developer to provide Community benefit estimate. These estimates could be incorporated into a Development Agreement. 37 10-23-3-I, Added a requirement for the developer to provide Permit status list for all applicable state and federal permits. 14 10-23-4: SEVERABILITY: If any provision of this Chapter is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of same. The several sections and subsections of this Chapter are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of any other provisions, sections, or portions thereof of this Chapter which shall remain in full force and effect.38 … Section 2. This ordinance shall take effect upon the date of publication as provided in Section 62.11(4)(a), Wisconsin Statutes. INTRODUCED______________________ APPROVED THIS _____ DAY FIRST READING____________________ OF __________________, 2026 SECOND READING__________________ __________________________ MAYOR, MATTHEW CROWE PASSED____________________________ PUBLISHED________________________ SUBMITTED BY: ATTEST____________________________ _________________________ CITY CLERK, CATHERINE MARTIN ALDERPERSON 38 10-23-4, Severability clause has been added. MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 5 Proposed Ordinance 2026-13 (Attached) 1 ORDINANCE 2026-13 OF THE ORDINANCES FOR THE CITY OF MENOMONIE FOR 2026. An ordinance amending portions of Title 10, Chapter 23 of the City Code. THE COMMON COUNCIL OF THE CITY OF MENOMONIE DO ORDAIN AS FOLLOWS: Section 1. Section 10-23 of the City Code is hereby repealed and recreated in its entirety to read as follows: CHAPTER 23 I-4 DATA CENTER INDUSTRIAL DISTRICT 10-23-1: USES: A. In the data center industrial district, no building or premises shall be used and no building shall hereafter be erected, converted in use, enlarged, moved or structurally altered unless otherwise provided in this title, except for one or more of the following uses: Agriculture Any use permitted in any commercial district. Any use permitted in the restricted industrial district. Data Center. Uses customarily incidental to the foregoing uses and accessory buildings and structures B. The following uses are strictly prohibited whether or not they are located in a fully enclosed building: Ammunition manufacture, storage or warehousing. Automobile wrecking yard. Explosives manufacture, storage or warehousing. Fireworks manufacture, storage or warehousing. Inflammable gases or liquids manufacture, storage or warehousing (except in conjunction with the operation of an airport). Junkyard. 10-23-2: HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS: In the data center industrial district, the height of buildings, minimum dimensions of yards, minimum lot area, vision clearance, off street parking and other requirements shall be as follows for all buildings hereafter erected, converted in used, enlarged, moved or structurally altered: A. Height: Forty-five feet (45') or three (3) stories, whichever is least. For the purpose of this chapter only, building height is defined as the vertical distance between the average ground surface around a building to the highest point on the building, including parapets, peaks and any rooftop mounted equipment. 2 B. Front Yard Setback: There shall be a front yard setback of: a. Seventy-five feet (75’) for security buildings under two-thousand (2,000) square feet. b. Four hundred feet (400’) for all other buildings, storage yards and parking lots, c. Eight-hundred feet (800’) for generators and cooling equipment. C. Side Yard Setback: There shall be a side yard setback of: a. Seventy-five feet (75’) for security buildings under two-thousand (2,000) square feet. b. Four hundred feet (400’) for all other buildings, storage yards and parking lots. c. Eight-hundred feet (800’) for generators and cooling equipment. D. Rear Yard Setback: There shall be a rear yard setback of: a. Seventy-five feet (75’) for security buildings under two-thousand (2,000) square feet. b. Four hundred feet (400') for all other buildings, storage yards and parking lots. c. Eight-hundred feet (800’) for generators and cooling equipment. E. Lot Area: The minimum lot area shall be large enough to accommodate the proposed building(s) and the required setbacks listed herein. F. Vision Clearance: Same as provided in subsection 10 -4-5G of this code except that the vision clearance setback line shall be a line connecting points seventy-five feet (75’) along each property line as measured from a street intersection. G. Off Street Parking: Same as provided in section 10-4-7 of this code. H. Site Lighting: Same as provided in Section 10-4-11 of this title. I. Landscaping: Same as provided in Section 9-9 of this code except: a. The number of required trees Section 9-9-6-A-1 shall be one tree for each twenty- five feet (25’) (or fraction thereof) of the total perimeter of the property line. b. At least one-half of the number of required trees shall have a minimum caliper of three-inches (3”) for deciduous trees and a minimum height of nine -feet (9’) for coniferous trees. c. An earthen berm at least six feet (6’) in height shall be provided around the entire site. The earthen berm shall be located within the setback area discussed in Paragraphs B, C and D, above. The earthen berm may be omitted at driveway location(s) and as necessary to maintain overland flow drainage paths. d. No portion of the site may be irrigated turf grass. e. All areas not covered by buildings, equipment, parking lots, driveways, fire lanes, walkways, storage yards , or electrical yards shall be restored with deep-rooted native plants or non-irrigated turf grass. 3 f. A minimum of twenty percent (20%) of the lot shall be maintained as green space. For the purposes of this chapter only, the term “ green space” shall include areas maintained with deep-rooted native plants or non-irrigated turf grass that are at least twenty feet (20’) in width and depth. For the purposes of this chapter only, the term “green space” shall not include areas covered by buildings, equipment, parking lots, driveways, fire lanes, walkways, rock mulch, storage yards , electr ical yards, stormwater basins (up to the 100 -year storm event elevation ), and existing or proposed rights-of-way. J. Storage Yards: Storage yards shall be screened from view from adjacent roadways as provided in Section 10-15-6-B of this code. K. Water: Same as Section 8-1 of this code except as follows: a. Water demands shall not, in the City’s sole discretion, exceed system capacity when including all other demands, unless the Developer, at its sole cost and expense pays for the construction of additional capacity. b. Data Hall Cooling Equipment shall minimize use of water . Direct heat exchange to wastewater shall not be used. Open evaporative cooling shall not be used. c. Large periodic water draws in excess of twenty-five thousand (25,000) gallons per day, except for fire-fighting, shall not occur between May 1 and October 1 and shall be coordinated with the City to avoid conflicts with other large periodic water draws and/or planned maintenance activities. The City, at its sole discretion, may deny large periodic water draws. d. Developer shall provide detailed water conservation plan that includes best management practices for water conservation and estimated water usage on a gallons per minute, gallons per day and gallons per year basis. e. Developer shall update water conservation plan no less than once every three (3) years and implement best management practices for water conservation improvements. L. Wastewater: Same as provided in Section 8-2 of this code except as follows: a. Wastewater discharges shall not , in the City’s sole discretion, exceed system capacity when including all other sources, unless the developer, at its sole cost and expense pays for the construction of additional capacity. b. Regardless of the projected flows, developer shall install and maintain a wastewater monitoring facility in accordance with Section 8-2-4-4-M. c. The PFOA limit contained in Section 8 -2-4-6-A-12 shall commence effective immediately. d. The PFOS limit contained in Section 8 -2-4-6-A-13 shall commence effective immediately. M. Stormwater Management: Same as provided in Section 9-11 of this code. 4 N. Noise: a. Construction noise shall be same as provided in Section 5 -1-6-B-5 of this code except that no work shall occur on Sundays and legal holidays. b. Operational noise, measured at the property line, shall not exceed five (5) decibels louder than ambient noise levels in any of the following frequency-weighted decibel measurements: i. dBA (A-Weighting). ii. dBC (C-Weighting). iii. dBZ (Z-Weighting) in any of the following octave bands centered on: 1. 31.5 Hz, 2. 63 Hz, 3. 125 Hz, 4. 250 Hz, 5. 500 Hz, 6. 1000 Hz, 7. 2000 Hz, 8. 4000 Hz, 9. 8000 Hz. c. Developer shall provide noise mitigation plan that includes ambient noise level s collected as noted below , estimated noise levels at the property line estimated as noted below, and best management practices for noise mitigation to meet the requirements listed above. i. Ambient noise levels shall be established by a preconstruction survey collected continuously around the clock for a period of not less than seven (7) days. Ambient noise levels shall be averaged over a sixty (60) minute measurement periods. ii. Estimated noise levels at the property line shall assume all generators are operating at full power and all cooling equipment is operating a full power. Estimated noise levels shall be averaged over the same periods listed above. iii. Best management practices shall include , but are not limited to , providing physical barriers (such as enclosures, walls and earthen berms ), lowering maximum power levels of generators or cooling equipment , swapping out equipment for quieter models, avoiding coincidental wavelength peaks, and on-site mitigation measures such as anti-idling signage for delivery trucks. d. Developer shall submit noise mitigation plan to City for review. Developer shall pay for the City’s review of the noise mitigation plan. e. Developer shall install and operate in accordance with the approved noise mitigation plan. f. Developer shall install, operate and maintain noise monitoring equipment and provide noise monitoring reports to the City no less than quarterly. Developer shall provide City with handheld noise monitoring equipment to allow for confirmation of noise monitoring reports. If operational noise exceeds the requirements listed above, Developer shall update noise mitigation plan and implement additional best management practices for noise mitigation improvements to come into compliance. 5 O. Traffic: a. Developer shall provide a traffic mitigation plan that includes preconstruction traffic counts for all major intersections between the site and the nearest interstate highway, a traffic impact analysis report, recommended on-site mitigation measures such as staggered arrival and departure times and avoidance of school bus traffic periods, recommended temporary traffic controls and improvements for construction traffic , and recommended permanent traffic controls and improvements for operational traffic. b. Developer shall submit traffic mitigation plan to City for review. Developer shall pay for the City’s review of the traffic mitigation plan. c. Developer shall pay for, install and maintain all necessary temporary construction traffic controls. d. Developer shall pay for the construction of all necessary permanent traffic controls. e. Developer and City shall agree on designated construction traffic roadways for construction traffic purposes between the site and the nearest interstate highway access point prior to commencement of construction, and Developer shall use all reasonable effort s to ensure that construction traffic vehicles exceeding twenty thousand (20,000) pounds gross vehicle weight exclusively use such designated construction traffic roadways. f. Prior to the commencement of construction, Developer shall provide to the City a professionally prepared analysis of the condition of the construction traffic roadways. P. Groundwater: a. Existing permitted wells, if any, on the property may continue to be used for dust mitigation during construction provided that the monthly volume pumped does not exceed the average monthly withdrawal over the most recent five (5) year period. b. All existing wells, if any, on the property shall be abandoned and sealed prior to issuance of final occupancy. c. No new wells shall be constructed on the property. d. Existing on-site waste disposal systems, if any, on the property shall be removed prior to issuance of final occupancy. e. No new on-site waste disposal systems shall be constructed on the property. Q. Generators: a. Except for Generator testing or commissioning activities, Generator use is limited to backup/emergency use only. Generators may never be used as a general operating power source for day -to-day operation of the facility. The facility may not commence operation until complete electric service is provided to the site, and Generators may not be used as a power source in the event of a delay in electric service. b. Generator testing or commissioning activities shall not exceed one hundred (100) hours per year. c. Generator testing shall be completed between the hours of ten (10:00) A.M. and five (5:00) P.M., Monday through Friday. d. Generator fuel storage tanks shall be double-walled or have exterior containment. 6 e. All Generators shall be fully enclosed within acoustically treated structures. Penetrations shall be limited to those needed for safe and lawfu l operation, maintenance, and testing of the generator and its supporting systems including, but not limited to , access, intake air, exhaust, cooling, fuel, fluid and electrical connections. f. For the purposes of this chapter only, the term “generator” shall include all devices that create electrical energy from an engine powered by natural gas, diesel, propane or any other fuel, or from a steam turbine using steam created by a heat source fueled by natural gas, diesel, propane or any other fuel. For the purposes of this chapter only, the term “generator” shall not include battery storage, photovoltaic solar panels, nor wind turbines. R. Electric Capacity: Developer shall p rovide written confirmation from the electric utility that: a. Electric utility has, or will have, sufficient electric capacity to serve the building or premises. b. Electric utility has or will require the Developer to pay the full cost of all upgrades necessary to serve the building or premises. S. Buildings: a. Temporary structures, such as hoop supported fabric covered structures or shipping containers, shall not be used to house operational facilities. Temporary structures can be used to store materials and/or equipment during the construction phase, but must be removed prior to issuance of final occupancy. b. Permanent structures shall have a cool roof (defined as a roofing system with a minimum Solar Reflectance Index of 90 at the time of installation ), a green roof (defined as a vegetated roofing system which is functionally integrated into the roof), or have rooftop mounted photovoltaic solar panels covering at least 60% of the roof area. T. Electronic Waste: Developer shall reuse and/or recycle all electronic waste in accordance with state and federal requirements. U. Bonds: a. Reclamation Bond: Developer shall provide an irrevocable reclamation bond, in an amount approved by the City, that includes one hundred twenty percent (120%) of the estimated cost of demolition and removal of all buildings, equipment, parking lots, driveways, and storage yards on the site , mechanical decompaction of underlying soils, replace topsoil, and restoration of the site to the pre-development condition, less the reasonable recycled materials value. Developer shall provide an updated estimate for the reclamation bond amount no less than once every three (3) years for the City’s review and shall increase the irrevocable reclamation bond if the estimate increases. Developer shall grant a recordable easement to the City that authorizes the City to enter the property and demolish and remove all buildings, equipment, parking lots, driveways, and storage yards on the site , mechanical 7 decompaction of underlying soils, replace topsoil, and restore the site to the pre- development condition if: i. Developer fails to pay property taxes for the property for more than three (3) years, or ii. Developer ceases operations and maintenance of the property for more than three (3) years. b. Road Protection Bond : Prior to Construction, Developer shall provide an irrevocable road protection bond that includes one hundred twenty percent (120%) of the estimated cost to mill and repave the full width and depth of all designated construction traffic roadways. Upon completion of construction and issuance of final occupancy, Developer shall provide to the City a professionally prepared analysis of the condition of the construction traffic roadways. The City shall repair the construction traffic roadways to at least the condition of such roadways prior to the commencement of construction, and bill all such costs directly to the Developer. The City is authorized to draw from the Road Protection Bond to pay such costs if Developer does not remit payment within thirty (30) days of receipt of the request to pay from the City. Following completion of the preceding steps, the remainder of the road protection bond shall be released. V. Zoning Code Violations: a. Violations of any provision of this Chapter will constitute violations of the Zoning Code and subject to penalties as discussed in Section 10-3-3. b. For the purpose of this chapter only, penalties per day shall double if the violation persists for more than seven ( 7) days, except that they shall not exceed the maximum amount specified by Wisconsin Statutes 62.23(8). c. For the purpose of this chapter only, penalties per day shall quadruple if the violation persists for more than twenty-eight (28) days, except that they shall not exceed the maximum amount specified by Wisconsin Statutes 62.23(8). d. Imposition of penalties does not preclude the City from pursuing other legal remedies including, but not limited to, an injunction by court order. 8 10-23-3: REZONE APPLICATION REQUIREMENTS: The following items are required to be submitted with any applications to rezone to the data center industrial district as part of a complete application: A. Identification of proposed end user. B. Conceptual site plan. Conceptual site plans shall include property boundary lines, location and extent of all proposed improvements, setback distances to all property boundary lines, and landscape plan. C. Conceptual building plans. Conceptual building plans shall include floor plan, elevation views of each face of the building. D. Water conservation plan. E. Noise mitigation plan. F. Traffic mitigation plan. G. Electric capacity letter. H. Community benefit estimate . Community benefit estimate shall include all of the following: a. Estimate of assessed value prepared by an assessor licensed by the State of Wisconsin with experience in municipal assessment. b. Estimate of property taxes to be paid to each taxing jurisdiction based upon the estimated assessed value, equalization, current tax code, and current mill rates for each taxing jurisdiction. c. Estimate of the number and duration of construction jobs during the construction phase and the average hourly wage. d. Estimate of the number of jobs during operation and the average hourly wage. e. Summary of the services for which outside contractors will be employed during operation. I. Permit status list. Provide a list of all applicable state and federal permits required to construct and operate a Data Center. Applicant shall indicate whether they have obtained, applied for, or when they plan to apply for all necessary state and federal permits. 9 10-23-4: SEVERABILITY: If any provision of this Chapter is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of same. The several sections and subsections of this Chapter are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of any other provisions, sections, or portions thereof of this Chapter which shall remain in full force and effect. … Section 2. This ordinance shall take effect upon the date of publication as provided in Section 62.11(4)(a), Wisconsin Statutes. INTRODUCED______________________ APPROVED THIS _____ DAY FIRST READING____________________ OF __________________, 2026 SECOND READING__________________ __________________________ MAYOR, MATTHEW CROWE PASSED____________________________ PUBLISHED________________________ SUBMITTED BY: ATTEST____________________________ _________________________ CITY CLERK, CATHERINE MARTIN ALDERPERSON MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Crowe & City Council FROM: David Schofield, Director of Public Works SUBJECT: Well #6 Vehicle Damage Repair DATE: October 19, 2026 City Council Meeting On Saturday, October 3, 2026 a vehicle left the driveway at a high rate of speed and struck Well #6, causing substantial damage to the gas service, emergency generator and wellhouse. City Crews were able to erect a temporary wall and Well #6 remains operational at this time. However, the lack of gas service and emergency power will be problematic as winter approaches. On Monday October 5, Mayor Crowe signed a Mayoral Executive Order, see attached, declaring an emergency and directing City Staff to proceed with repairs. City Staff retained MSA Professional Services to prepare plans and specifications. City Staff issued bidding a Request for Bids to three (3) contractors on Thursday October 8. City Staff received two (2) bids on Wednesday October 14. A copy of the bid tabulation is attached. The low bid was from Market & Johnson, Inc. of Eau Claire, WI in the amount of $236,549. City Staff have prepared Proposed Resolution 2026-29 which affirms the Mayoral Executive Order and awards the construction contract to Market & Johnson, Inc. If the City Council concurs, the appropriate motion would be Approve Resolution 2026-29, a Resolution regarding Emergency Declaration and Award of Construction Contract for Well #6 Vehicle Damage Repair (roll call vote). Attachments: Mayoral Executive Order Plan Excerpt Bid Tabulation Proposed Resolution 2026-29 PLOT DATE:WELL NO.6 EMERGENCY REPAIRSCITY OF MENOMONIEDUNN COUNTY, WISCONSINMISC. DETAILSPROJECT NO.05323023SHEETG1 10/8/2026 3:50 PM, G:\05\05323\05323007\Well 6 Emergency Generator\CADD\05323023_Well #6 Emergency Repairs.dwg 1EXISTING PANEL SCHEDULEG1NO SCALE 2EXISTING AUTOMATIC TRANSFER SWITCHG1NO SCALE 3EXISTING GENERATOR FUEL PIPINGG1NO SCALE NOTE: PHOTO SHOWSPRE-ACCIDENT CONDITIONS. PLOT DATE:WELL NO.6 EMERGENCY REPAIRSCITY OF MENOMONIEDUNN COUNTY, WISCONSINMISC. DETAILSPROJECT NO.05323023SHEETG2 10/8/2026 3:50 PM, G:\05\05323\05323007\Well 6 Emergency Generator\CADD\05323023_Well #6 Emergency Repairs.dwg 1EXISTING GENERATOR PADG2NO SCALE 2EXISTING WELLHOUSE EXTERIORG2NO SCALE3EXISTING WELLHOUSE INTERIORG2NO SCALE REMOVE AND REINSTALL AIRRELEASE DISCHARGE PIPING TOFACILITATE MASONRY REPAIR.COORDINATE WITH OWNER. RESEAL KNOCKOUT WALL CONSTRUCTION JOINTN DEMOLISH EXISTING MASONRYKNOCKOUT PANEL ASSEMBLY INITS ENTIRETY. PREP REMAININGSURFACE FOR NEW KNOCKOUTPANEL CONSTRUCTION ENERATOR FRAME TO EXISTING CONCRETE PAD. PROVIDE NEW FUEL CONNECTIONCOMPLETE WITH LOCKABLEISOLATION VALVE, PIPING, ANDGAS REGULATOR PER THEMANUFACTURER'S SUPPLY FLOWAND PRESSURE REQUIREMENTSPROVIDE NEW GENERATORFEEDERS, CONTROL WIRING, ANDBRANCH CIRCUITS AS REQUIRED ANCHOR PLOT DATE:WELL NO.6 EMERGENCY REPAIRSCITY OF MENOMONIEDUNN COUNTY, WISCONSINARCHITECTURAL PLANPROJECT NO.05323023SHEETA1 10/8/2026 3:50 PM, G:\05\05323\05323007\Well 6 Emergency Generator\CADD\05323023_Well #6 Emergency Repairs.dwg 1EXISTING BUILDING PHOTOSA1 2MASONRY INFILL DETAILA1 NO SCALE NO SCALE GENERAL NOTES:A.FIELD VERIFY THE EXTENT OF THE WORK AND CONDITION OF MASONRY TO BE REPAIRED.NOTIFY A/E IF AN ALTERNATE REPAIR METHOD IS REQUIRED.B.REFER TO TECHNICAL SPECIFICATIONS FOR PRODUCT REQUIREMENTS ANDEXAMINATION AND EXECUTION PROCEDURES.C.EXTERIOR COLOR AND TEXTURE SHALL MATCH THE LATERALLY ADJACENT BLOCK TOTHE EXTENT PRACTICAL. DEMOLISH EXISTING MASONRY KNOCK OUTPANEL ASSEMBLY IN ITS ENTIRETY. PREPREMAINING SURFACE FOR NEW KNOCKOUTPANEL CONSTRUCTIONREPAIR MASONRY UNITS AT JAMBS WITHPATCH MATERIAL PER SECTION 04 21 01PAINT NEW MASONRY KNOCKOUTPANEL INTERIOR FACE TO MATCHEXISTING WALL. TUCKPOINT, PATCH,AND REPAINT ANY DAMAGEDSURFACES OF EXISTING MASONRYWALL NEAR KNOCKOUT PANEL. MATCHADJACENT EXISTING FINISH PLOT DATE:WELL NO.6 EMERGENCY REPAIRSCITY OF MENOMONIEDUNN COUNTY, WISCONSINARCHITECTURAL PLANPROJECT NO.05323023SHEETA2 10/8/2026 3:50 PM, G:\05\05323\05323007\Well 6 Emergency Generator\CADD\05323023_Well #6 Emergency Repairs.dwg1MASONRY KNOCKOUT PANEL PLANA2NO SCALE GENERAL NOTES:A.FIELD VERIFY THE EXTENT OF THE WORK AND CONDITION OF MASONRY TO BE REPAIRED. NOTIFY A/E IF ANALTERNATE REPAIR METHOD IS REQUIRED.B.REFER TO TECHNICAL SPECIFICATIONS FOR PRODUCT REQUIREMENTS AND EXAMINATION AND EXECUTIONPROCEDURES.C.EXTERIOR COLOR AND TEXTURE SHALL MATCH THE LATERALLY ADJACENT BLOCK TO THE EXTENTPRACTICAL. 12'-0"13'-4" APPLY CONTINUOUS SEALANT BETWEENLINTEL AND TOP OF NEW MASONRYKNOCKOUT PANELNEW MASONRY KNOCKOUT PANEL. SEEDETAIL 2/A1 FOR JAMB DETAIL ATEXISTING WALL CONSTRUCTION. APPLY WEATHER GRAFFITI-RESISTANTCOATING TO NEW PANEL ASSEMBLY PLOT DATE:WELL NO.6 EMERGENCY REPAIRSCITY OF MENOMONIEDUNN COUNTY, WISCONSINFUEL AND ELECTRICAL PLANPROJECT NO.05323023SHEETE1 10/8/2026 3:50 PM, G:\05\05323\05323007\Well 6 Emergency Generator\CADD\05323023_Well #6 Emergency Repairs.dwg 1EXISTING NATURAL GAS SERVICEE1 2EXISTING ELECTRICAL SERVICEE1 INSTALL LOCKABLE ISOLATION BALL VALVESAT BUILDING GAS SERVICE RACK. PROVIDEVALVES AT EACH BRANCH, (BUILDING ANDGENERATOR). TEST THE EXISTING GENERATOR FUELSUPPLY LINE FROM THE METER TO POINTOF CONNECTION TO THE GENERATOR. ASSUME TO CONNECT TO THE EXISTINGLINE WITHIN 10-FEET OF THE EXISTINGCONCRETE FOUNDATION PAD FOR THEEXTERIOR STANDBY GENERATOR. NO SCALE NO SCALE PULL BACK AND DEMOLISHEXISTNG GENERATOR FEEDERS,CONTROL WIRING, AND BRANCHCIRCUITS. PROVIDE NEWFEEDERS, BRACH CIRCUITS, ANDCONTROL WIRING.EXISTING SERVICEENTRANCE, EQUIPMENTTO REMAIN PLOT DATE:WELL NO.6 EMERGENCY REPAIRSCITY OF MENOMONIEDUNN COUNTY, WISCONSINFUEL AND ELECTRICAL PLANPROJECT NO.05323023SHEETE2 10/8/2026 3:50 PM, G:\05\05323\05323007\Well 6 Emergency Generator\CADD\05323023_Well #6 Emergency Repairs.dwg 1GENERATOR REPLACEMENTE2 2EXISTING AUTOMATIC TRANSFER SWITCHE2 PROVIDE NEW GENERATOR, FABICK CATOR PRE-APPROVED EQUALTEST THE EXISTING GENERATOR FUELSUPPLY LINE FROM THE METER TO POINTOF CONNECTION TO THE GENERATOR. ASSUME TO CONNECT TO THE EXISTINGLINE WITHIN 10-FEET OF THE EXISTINGCONCRETE FOUNDATION PAD FOR THEEXTERIOR STANDBY GENERATOR.NO SCALE NO SCALE EXISTING ASCOAUTOMATIC TRANSFERSWITCH TO REMAINPULL BACK AND DEMOLISH EXISTNGGENERATOR FEEDERS, CONTROL WIRING,AND BRANCH CIRCUITS. PROVIDE NEWFEEDERS, BRACH CIRCUITS, AND CONTROLWIRING. PROVIDE NEW FUEL CONNECTIONCOMPLETE WITH LOCKABLE ISOLATIONVALVE, PIPING, AND GAS REGULATORPER THE MANUFACTURER'S SUPPLYFLOW AND PRESSURE REQUIREMENTS PROVIDE FIELD TESTING TOVALIDATE ATS WAS NOTDAMAGED BY ACCIDENTPROVIDE FIELD TESTING TOVALIDATE THE REMOTEANNUNCIATOR WAS NOT DAMAGEDBY THE ACCIDENT. PROVIDE NEWCOMMUNICATION WIRES ANDRECONNECT TO NEW GENERATOR. COORDINATE WITH SYSTEM INTEGRATOR(ENERGENECS) TO PROVIDE INSTALLATIONSUPPORT EFFORTS FOR FIELD WORK ANDTROUBLESHOOTING DAMAGED CONTROLCIRCUITS. RESTORE TO PRE-ACCIDENTCONDITION NOTE: PHOTO SHOWS PRE-ACCIDENT CONDITIONS. PROVIDE NEW GENERATOR FEEDERS,CONTROL WIRING, AND BRANCHCIRCUITS AS REQUIRED Contractor Location Bid Market & Johnson, Inc. Eau Claire, WI $236,549.00 R.J. Jurowski Construction, Inc. Whitehall, WI $248,975.00 Hoeft Builders, Inc. Eau Claire, WI No Bid Received City of Menomonie, WI October 14, 2026 Bid Tabulation Menomonie Well #6 Vehicle Damage Repair RESOLUTION 2026-29 EMERGENCY DECLARATION AND AWARD OF CONSTRUCTION CONTRACT FOR WELL #6 VEHICLE DAMAGE REPAIR WHEREAS, Mayor Crowe issued a Mayoral Executive Order on Monday October 5, 2026 which declared the Well #6 Vehicle Damage, as described therein, an emergency and authorized the Director of Public Works and Water Superintendent to proceed with the Well #6 Vehicle Damage Repair Project as quickly as possible; and, WHEREAS, the City retained MSA Professional Services to prepare plans and specifications for the Well #6 Vehicle Damage Repair Project; and, WHEREAS, City Staff issued a request for bids to three (3) general contractors on Thursday, October 8, 2026; and, WHEREAS, two (2) bids were received on Wednesday October 14, 2026; and, WHEREAS, the low bid was from Market & Johnson, Inc. of Eau Claire, WI in the amount of $236,549. NOW, THEREFORE, BE IT KNOWN, that the City Council does hereby affirm the emergency declaration issued by Mayor Crowe on October 5, 2026. BE IT FURTHRE RESOLVED that the City Council approves of the award of the Well #6 Vehicle Damage Repair construction contract to Market & Johnson, Inc. of Eau Claire, WI in the amount of $236,549. Signed this ________ day of ____________, 2026. By: __________________________________ Matthew Crowe, Mayor Attest: __________________________________ Catherine Martin, Clerk July 13, 2026 CITY OF MENOMONIE CITY COUNCIL RESOLUTION NO. 2026-30 STATE OF WISCONSIN DUNN COUNTY REQUESTING APPLICATION FOR EXEMPTION FROM THE COUNTY LIBRARY TAX WHEREAS, pursuant to the authority granted under Wis. Stat. § 43.64(2), the County Board for Dunn County levies a county library tax for public library service to its inhabitants; and WHEREAS, Wis. Stat. § 43.64(2) provides that any city, town, village or school district in a county levying a tax for public library service under Subd. (1) shall, upon written application to the county board of the county, be exempted from the county levy, if: the city, town, village or school district making the application levies a tax for public library service and appropriates and expends for a library fund during the year for which the county tax levy is made a sum at least equal to an amount calculated as determined in Wis. Stat. § 43.64(2)(b) NOW , THEREFORE, BE IT RESOLVED, that the City of Menomonie, Wisconsin hereby certifies that it will appropriate and expend an amount equal to or greater than the amount calculated under Wis. Stat. § 43.64(2)(b) for this year’s library operations at the Menomonie Public Library and therefore makes this written application to the Dunn County Board that the Board determine that the City of Menomonie is exempt from the payment of any county library tax in 2026, as provided in Wis. Stat. § 43.64(2). BE IT FURTHER RESOLVED, that copies of this resolution be forwarded by the Municipal Clerk to the Library Director of the Menomonie Public Library and the County Clerk of Dunn County. Ayes_____ Nays_____ Absent_____ Abstain_____ Dated this 19 th day of October, 2026. ______________________________ Signed: Matthew Crowe, Mayor ______________________________ Attest: Catherine Martin, Clerk Page 1 of 5 LAND LEASE This Land Lease (this “Lease”) is entered into as of December 14, 2026 (the “Effective Date”), by and between the City of Menomonie, a Wisconsin municipal corporation (“Menomonie”) and Christmas Miracle, Inc., a Wisconsin non -stock corporation and public charity (“CMI”). Menomonie and CMI may be referred to individually as “Party” or collectively as “Parties.” WHEREAS, Menomonie and CMI wish to enter into this Lease for the purpose of Menomonie leasing a piece of property to CMI for CMI to construct and maintain up to two (2) outdoor ice rinks (the “Ice Rinks”) within the City of Menomonie. NOW, THEREFORE, in consideration of the foregoing recitals and definitions which are hereby incorporated into this Lease, the mutual covenants and promises each Party has made to the other as set forth in this Lease, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. PROPERTY. Menomonie shall lease to CMI the property located at 802 Tainter St. NE in the City of Menomonie, Dunn County, Wisconsin, Parcel: 1725122813230060008 (251103509000) more particularly described on Exhibit A attached hereto and incorporated by this reference, (the “Property”). 2. TERM OF LEASE. The term of this Lease shall begin on the Effective Date and shall continue until February 28, 2027 (the “Term”). This Lease shall not automatically renew and may be terminated at any time by mutual written agreement of both Parties. 3. LEASE PAYMENT. CMI shall pay to Menomonie the sum of one dollar ($1.00) to lease the Property (the “Lease Payment”). The Lease Payment shall be due within 10 days after the Effective Date and shall be delivered to the City of Menomonie Treasurer/Comptroller. 4. ICE RINKS AND USE OF PROPERTY . CMI understands and agrees that it shall be solely responsible for the installation, maintenance, and de -installation of the Ice Rinks at its sole cost and expense including any grading which is required to be performed on the Property in order for the Ice Rinks to be installed. CMI represents and warrants that it shall use the Property exclusively for the purposes of maintaining the Ice Rinks. CMI agrees it shall not use or maintain the Ice Rinks or Property in any manner contrary to, and to comply with, any and all governmental regulations, rules, laws, ordinances now or hereinafter in force. Menomonie may, in its sole discretion, aid with the maintenance of the Property. Said maintenance may include, but not be limited to, plowing and depositing snow on the Property. Page 2 of 5 5. HYDRANT AND ELECTRICITY USE. Menomonie shall allow CMI to use the fire hydrant located on the Property (the “Hydrant”) to flood the Ice Rink s and for other purposes which may be authorized by the Menomonie City Administrator in writing . Unless otherwise provided in writing by the Menomonie City Administrator, the Hydrant may only be used with the supervision of an employee of the Menomonie Water Department. CMI agrees to notify Menomonie of its intent to use the Hydrant at least forty- eight (48) hours prior to the time of use. In the event the Menomonie Water Department is not able to assist at the time requested by CMI, the Parties agree to work together to schedule a mutually agreeable time as soon as possible. CMI shall be responsible and shall pay to Menomonie the cost of said water use from the Hydrant and any electricity costs to light the Property throughout the Term of this Lease on a monthly basis with said payments being delivered to the City of Menomonie Treasurer/Comptroller. 6. FACILITIES AND SANITATION PROVIDED BY CMI. CMI shall, at its sole cost and expense, provide at least one (1) porta potty on the Property for public use during the Term of this Lease and shall be solely responsible for the cleaning and upkeep of said porta potties. CMI shall further provide at its sole cost trash receptacles on the Property for public use and shall be solely responsible for the maintenance, empty ing, and upkeep of the trash receptacles during the Term of this Lease. CMI may provide, in its sole discretion, the use of a warming house on the Property. 7. REMOVAL OF ITEMS. CMI shall, at its sole cost and expense, remove all items, including the Ice Rinks, within thirty (30) days after the end of the Term. Menomonie reserves the right to assist CMI with said removal. 8. INSURANCE. CMI shall obtain, manage, and keep in force, for the benefit of CMI and Menomonie , general public liability insurance against claims for personal injury, death, or property damage occurring on or about the Property and Ice Rinks or areas adjacent thereto in such amounts as established from time to time by Menomonie but, in no event, shall such amount(s) be less than One Million Dollars ($1,000,000.00) for injury to or death of any one person and Two Million Dollars ($ 2,000,000.00) for injury to or death to any number of persons in one occurrence. Such insurance shall be carried at CMI’s own expense and name Menomonie as an additional insured. CMI shall furnish to Menomonie proof of such coverage upon execution of this Lease. 9. CMI RELEASE AND WAIVER OF LIABILITY. CMI agrees to hereby release, waive, discharge, and agrees not to sue Menomonie, its legal representatives, its elected officials, officers, employees, authorized representatives, volunteers, and assigns and each of them from and against any and all liability for claims and demands that were alleged or could be alleged in the future, including, but not limited to, matters resulting in personal injury, accidents, illnesses (including death and any illnesses caused by COVID-19 or other Page 3 of 5 pandemic), or damage to personal property arising from the installing, use, and removal of the Ice Rinks by CMI or any third-party and the use of the Hydrant by CMI. 10. INDEMNIFICATION. CMI shall defend, save, and hold harmless Menomonie, its legal representatives, its elected officials, officers, employees, authorized representatives, volunteers, and assigns, or others as the case may be, from and against any and all suits, actions, leg al or administrative proceedings, claims, demands, damages, penalties, liabilities, interest, decrees, costs, charges , and expenses of any kind or nature, including reasonable attorney’s fees, whether arising out of , or in any manner directl y or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, which may arise out of or in connection with CMI or any third -party’s installation, use, and removal of the Ice Rink s and the use of the Hydrant by CMI, and CMI’s use of the Property. 11. HYDRANT DAMAGE. CMI agrees it shall be responsible for , and reimburse to Menomonie, any costs associated with damage sustained by the Hydrant or caused by the Hydrant in connection with CMI’s use of the Hydrant unless such damage was caused by the negligence of Menomonie. 12. SIGNS ON THE ICE RINKS AND PROPERTY. Any signage placed on the Property and/or Ice Rink s by CMI must first be approved by the City of Menomonie Administrator in writing. 13. CHOICE OF LAW AND LANGUAGE OF LEASE. This Lease and all rights, remedies, and obligations hereunder, including, but not limited to, matters of construction, validity, and performance, shall be governed by the laws of the State of Wisconsin. The venue of any actions or suits involving this Lease shall be in the Circuit Court of Dunn County, Wisconsin. The language used in this Lease will be deemed to be the language chosen by the Parties to express their mutual intent, and no rule of strict construction will be applied against either party. 14. SEVERABILITY. If any provision of this Lease is deemed invalid, illegal, or unenforceable, all other provisions and conditions of this Lease shall remain in full force and effect, and no covenant or provision shall be deemed dependent upon any other covenant or provision unless so expressed herein. 15. ENTIRE LEASE. This Lease constitutes the complete understanding between the Parties. No other promises or Leases, either express or implied, shall be binding between them unless made in writing and signed by all Parties. Page 4 of 5 16. COUNTERPART AND FACSIMILE SIGNATURES. This Lease may be executed in two (2) or more counterparts, all of which counterparts together shall constitute one (1) Lease, and an executed Lease sent by facsimile, email, or other electronic means is as valid as the original. IN WITNESS WHEREOF, the Parties have executed this Land Lease on the day and year written below (the latest of which shall be the “Effective Date” of this Lease). CITY OF MENOMONIE Dated: _________________________ By: Eric Atkinson Its: City Administrator CHRISTMAS MIRACLE, INC. Dated: _________________________ By: Its: Page 5 of 5 EXHIBIT A PT W 1/2 SW 1/4 & PT NE SW & PT GL 6, City of Menomonie, Dunn County, Wisconsin. 802 TAINTER ST NE MENOMONIE 54751 Tax Parcel Number: 1725122813230060008 (251103509000) MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Crowe & City Council FROM: David Schofield, Director of Public Works SUBJECT: Downtown Menomonie Winter Daze Parade DATE: October 19, 2026 City Council Meeting Downtown Menomonie has submitted a Special Event Application for the Winter Daze Parade on 10th Avenue East, Broadway Street South, Main Street East, 4th Street East, Wilson Avenue East and 3rd Street East on Thursday, December 10, 2026. I have attached a copy of the Special Event Application. As of this writing, no insurance certificate has been received. If the City Council concurs, the appropriate motion would be Approve the Special Event Application from Downtown Menomonie for the Winter Daze Parade on 10th Avenue East, Broadway Street South, Main Street East, 4th Street East, Wilson Avenue East and 3rd Street East on Thursday, December 10, 2026., as presented, contingent upon receipt of insurance certificate (simple majority). 800 Wilson Ave Menomonie, WI 54751 715-232-2221 Page 3 of 5 Special Event Application Instructions: Complete all questions, attach any necessary permits and documentation, including a site plan to support your application, and return them to the City of Menomonie Clerk’s Office or email clerk@menomonie-wi.gov. Please submit this application at least 60 days prior to the event. Event Organizer’s Name: _____________________________________________________________ Event Organizer’s Address: ____________________________________________________________ Event Organizer’s Phone: ________________________ Email: ___________________________ Primary Point of Contact for the Event (if different from Event Organizer): Name: ____________________________________________________________________________ Phone: ________________________ Email: ________________________________________ Are you representing an organization sponsoring the event? Y es No (If yes, fill out the organization information below.) Organization Name: _________________________________________________________________ Organization’s Address: ______________________________________________________________ Organization’s Phone: ________________________ Email: ___________________________ Is the organization a non-profit? Y es No Purpose of Event: ___________________________________________________________________ Type of Event: ________________________ Class 1 Class 2 Class 3 Name of Event: _____________________________________________________________________ Location of Event: _________________________ Date of Event: _________ Rain Date: _________ Event Setup Time Start: _________________ Event Cleanup Finish Time: ______________________ Total Time on Site: ___________________________________ (Include set-up and clean-up time) Total Number of Anticipated Attendees: __________________ (Include event organizers, staff, volunteers, and spectators) Do you need support or resources from the City? Y es No (Ex. requesting road closures, police support, etc.) If yes, please explain and attach additional sheets if necessary: ______________________________ Becca Schoenborn 503 Broadway St. S., STE #20 7152798502 director@downtownmenomonie.org Stacy Erickson 7153099021 SErickson@westconsincu.org Downtown Menomonie 503 Broadway St. S., STE #20 7152798502 director@downtownmenomonie.org Holiday Event & Parade Community Fun Winter Daze Parade Downtown Menomonie 12/10/26 N/A 1PM 9PM 8 Hours 5000 Road Closures & Crowd Control 800 Wilson Ave Menomonie, WI 54751 715-232-2221 Page 4 of 5 Special Event Application Continued 1. What provisions are being made for traffic and parking? (Please note traffic flow and parking sites on your site plan. Attach additional documents if necessary.) 2. What provisions are being made for crowd control and security? (Attach additional documents if necessary.) 3. What provisions are being made for First Aid and Fire Emergency? (Please show locations of emergency services on your site plan.) 4. What provisions are being made for additional restrooms and porta-potty facilities? (Please show locations of restrooms on your site plan.) 5. What provisions are being made for the collection and removal of litter and recycling generated by the event? (Please show locations of garbage/recycling receptacles or dumpsters on your site plan.) 6. Will vendors, information tables, or volunteer groups be part of your event? No Yes If yes, applicants should attach a sheet with the names of vendors, volunteer groups, etc. This is needed in case specialized permits are required (Ex. Food Truck License, etc.) Street parking, public lots, and a park & ride shuttle from the library to downtown. We work closely with the City of Menomonie, including Police, to ensure safety measures are in place for crowd control during the parade. Parade route will include caution tape to ensure attendees don't go into the street. First Aid kit on site and Menomonie Fire Department is in the parade and on site. Porta-potties will be provided by Bjork for the event. Partnership with GFL and UW-Stout Recycling for collection bins. Plus, trash clean-up lap is completed following the parade. 800 Wilson Ave Menomonie, WI 54751 715-232-2221 Page 5 of 5 Special Event Application Continued In order for your Special Event application to be authorized, a Certificate of Insurance of Surety Bond Information will need to be secured prior to the start date of the event. If you have this at the time of applying, please attach to this application. The applicant is responsible for obtaining any additional permits required by the municipality in conjunction with this event. Attached to this application include frequently utilized permitting documentation, but further contact with other departments may be needed. Approved permits must be included with this application for special events, or this special event application will be denied. Below, check all that apply and review contact information. Permitting Parks Department: 715-232-1664 Shelter Reservation Form City Clerk: 715-232-2221 Ext. 1006 Sound Amplification Permit AB-220 Temp Beer License Application (Picnic License) Mobile Food Establishment License Application Dunn County Health Department: 715-232-2388 Temporary Food Permit Fire Department Permits: 715-232-2414 Fireworks/Pyrotechnics Grills/Open Burning Tents (900 sq. ft. or greater or anything less with sides requires permitting) Additional Contacts Public Works Director David Schofield, 715-232-2221 Ext. 1020 Building Inspection/Zoning Department, 715-232-2221 Ext. 1010 Menomonie Police Department Office, 715-232-2198 By signing this application, the applicant acknowledges that the issuance of a special event permit does not obligate or require the City of Menomonie to provide City services, equipment, or personnel in support of this event. Signature: ______________________________________________________________ Print Name: _____________________________ Date: ________________________ Becca Schoenborn 9/30/26 MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Crowe & City Council FROM: David Schofield, Director of Public Works SUBJECT: Winter Farmers Market Food Truck DATE: October 19, 2026 City Council Meeting Menomonie Farmers Market, Inc. has submitted a Special Event Application to allow for a food truck to be parked in, and serve from, two metered stalls on the south side of 6th Avenue West, adjacent to The Raw Deal (603 Broadway Street South) on the first and third Saturdays from November 7, 2026 to April 17, 2027. I have attached a copy of the Special Event Application and a picture showing the proposed location. Although these events are on a Saturday when the metered parking is not enforced, City Staff feels that this request may lead to additional requests to use metered parking areas during weekdays. As such, we recommend that any approval be contingent upon approval by the Parking Utility. The Parking Utility will consider this at their October 20 meeting. If the City Council concurs, the appropriate motion would be Approve the Special Event Application from Menomonie Farmers Market, Inc. to allow a food truck to be parked in, and serve from, two metered stalls on the south side of 6th Avenue West, adjacent to The Raw Deal (603 Broadway Street South) on the first and third Saturdays from November 7, 2026 to April 17, 2027, as presented, contingent upon approval by the Parking Utility (simple majority). Menomonie High School Auditorium1715 5th St W, Menomonie, WI 54751 Tuesday, October 20 from 6 p.m. - 8 p.m. J o i n t h e c o n v e r s a t i o n a b o u t M e n o m o n i e ’ s f i n a n c i a l h e a l t h , h o u s i n g a n d e c o n o m i c d e v e l o p m e n t , a n d h e a r w h a t ’ s h a p p e n i n g a c r o s s o u r c o m m u n i t y . S t a t e o f t h e C i t y T o w n H a l l 2026 Claims Description Total Invoice Amt Overdrawn BAUMAN ASSOCIATES LTD TREASURER/COMPTROLLER: CONSULTING SERVICES WATER/SEWER: OUTSIDE SERV ACCTING&AUDITING $13,165.00 $9,215.50 CARRICO AQUATIC RESOURCES INCPOOL & BEACH: CHEMICALS $372.52 $372.52 EO JOHNSON COMPANY INSPECTION: OFFICE EQUIP MAINT CONTRACT $222.54 $222.54 PUBLIC SERVICE COMM OF WIS WATER: REGULATORY COMMISSION EXP $2,639.24 $139.24 U S POSTAL SERVICE MAYOR/INSPECTION/WATER UTILITY: POSTAGE $1,779.45 $158.87 XCEL ENERGY STREET LIGHTING/PARKS/POOL & BEACH: ELECTRICITY $16,259.14 $11,165.02 Total $34,437.89 $21,273.69 Parking Utility Claims 2026 Description Total Invoice CITY TREASURER SALES TAX EXP (JUNE-SEPT 2026) $1,555.82 $1,555.82 CLANCY SYSTEMS INTERNATIONAL INC OPER. SUP. & EXP. $350.00 $350.00 IPS GROUP INC COMPUTER/SOFTWARE EXP $844.35 $844.35 Total $2,750.17 $2,750.17 DATE LIST PROVIDED: **REVISED - DATE: October 19, 2026 COUNCIL CLAIMS Wednesday, October 14, 2026 CITY OF MENOMONIE COUNCIL MEETING LICENSES – October 19, 2026 LICENSE YEAR – 2026 TEMPORARY CLASS “B” BEER LICENSE: Dunn County Historical Society – 1820 John Russell Road; • Memorial Event, Holtby Hall, Rassbach Museum – October 25th, 2026 10/14/26 Dunn County, WI Dunn County, WI