Committee of the Whole - June 23, 2026

City of Amery COMMITTEE OF THE WHOLE AGENDA The City of Amery does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services, programs or activities. NOTE: Upon reasonable notice, the City of Amery will accommodate the needs of disabled individuals through aids or services. For additional information or to request this service, contact the Clerk-Treasurer’s office at (715) 268-7486 by Noon the previous day so that arrangements can be made. Pursuant to Wisconsin Statutes 19.84, Notice is hereby given to the public that a meeting of the Committee of the Whole of the City of Amery will be held on Tuesday – June 23, 2026 at 5pm at 104 Maple St. W, Amery, WI in the Council Chambers. Call to Order Roll Call Adoption of Agenda *Although the public may speak on any item that is not included on this agenda as a “Public Hearing or Forum”. In accordance with open meeting laws, the Council may not respond or discuss the issue brought forward at this time. In accordance with open meeting laws the Council must notice an item on the agenda to allow discussion on that matter. Your comments will be considered and may be placed on a future agenda for further discussion. Any person wishing to submit a public comment digitally may email them to Cityhall@amerywi.gov until noon of the day of the meeting. Although your comments will be presented to the Council they may or may not be read aloud or discussed during the meeting. The Public Comment Portion will be limited to 3 minutes total per speaker with the total duration to be at the Chair’s discretion. The council may act on any item that is noticed on the agenda. Taylor Larson Clerk/Treasurer **Posted: June 18, 2026 on the City Website (www.amerywi.gov); and at Amery City Hall, Amery Public Library, and the Amery Police Department. Order of Items AGENDA ITEMS 1 Vehicle Registration Fee Infrastructure Funding Discussion 2 Sidewalk Maintenance Program Discussion 3 Data Center Development Policy Discussion 4 Stower Seven Lakes Trail Use Discussion 5 Municipal Code of Ordinance Chapter 390 Trees and Shrubs 6 Adjournment 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 TO: The Common Council of Amery FROM: Alex Mansfield, City Administrator DATE: June 23, 2026 RE: Vehicle Registration Fee (Wheel Tax) Transportation Funding Discussion Summary The City's transportation infrastructure maintenance needs exceed what the current levy structure can support. This memo introduces the vehicle registration fee -- commonly called a wheel tax -- as a statutory tool for generating dedicated transportation r evenue outside the levy limit. Staff requests Council direction on whether to develop a formal proposal for future consideration. Background The Transportation Funding Gap The General Fund levy is capped at net new construction growth under Wis. Stat. Section 66.0602. The Capital Improvement Plan allocates approximately $1 40,000 per year to street repairs, which falls an estimated $6 5,000 short of what is needed to maintain current pavement conditions. Deferred maintenance compounds over time; streets that miss timely preventive treatment approach reconstruction thresholds at 8 to 12 times the cost of overlay. The 2045 Comprehensive Plan also identifies sidewalk maintenance as a high-priority need with no current funding source. A separate memo on the sidewalk program is included on this agenda. What Is the Wheel Tax? Wis. Stat. Section 341.35 authorizes municipalities to levy an annual vehicle registration fee of up to $30 per vehicle. Proceeds are restricted to transportation purposes including streets, sidewalks, and related infrastructure. The fee is adopted by ordi nance and may be set at any amount up to the $30 statutory maximum. The City does not administer collection; the Wisconsin Department of Transportation collects the fee at registration renewal and remits proceeds to the City, minimizing administrative burden. Implementation Process Adoption requires the Council to pass an ordinance establishing the fee amount, after which the City notifies WisDOT. WisDOT incorporates the fee into renewal notices for vehicles registered in Amery and remits collections periodically. Because the fee is collected at renewal, revenue phases in over the first twelve months and full annual yield is not realized until year two. Staff recommends allowing three to six months between ordinance adoption and collection commencement to allow for WisDOT system updates. Revenue Potential and Allocation Staff does not yet have a verified vehicle count for the City for 2026. Based on the count from WISDoT in July 2025 there were 4,912 registered vehicles in Amery . At the $30 maximum, annual revenue is estimated at $147,360 and at $20/vehicle revenue is estimated at $98,240 . The updated 2026 vehicle registration number would be available later this summer based on prior year counts. The Council should note that both the street maintenance shortfall and a potential sidewalk program have documented funding gaps. Staff anticipates that proceeds would need to be split between the two, with street maintenance receiving priority given the existing CIP shortfall. A specific allocation proposal would 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 be presented as part of any formal ordinance. Staff recommends obtaining a verified vehicle count from WisDOT before setting a fee amount. Considerations The Council should weigh several factors before directing staff to proceed. The fee is flat per vehicle, meaning it represents a larger proportional cost for lower -income households. The fee applies to each registered vehicle, so multi -vehicle households pay more. Framing will matter: a $30 annual fee is also $2.50 per month, which may be more accessible to residents than the annual figure. The Council will also need to decide whether to set the fee at the statutory maximum or at a lower amount, and how to allocate proceeds between competing needs. Fiscal Impact A wheel tax at the $30 maximum is estimated to generate $120,000 to $150,000 annually, pending verification of the registered vehicle count. Revenue is restricted to transportation purposes and does not affect the General Fund levy calculation. There is no City cost for collection administration. The cost to individual vehicle owners is up to $30 per registered vehicle per year. revenue ramps up over the first year as vehicle registrations renew, reaching full annual yield by year two Recommendation Staff requests Council direction on: (1) whether the Council wishes to pursue the wheel tax as a transportation funding tool; (2) whether staff should obtain a verified vehicle registration count from WisDOT and return with a formal ordinance proposal; and (3) what priorities the Council wishes to establish for allocation of proceeds between street maintenance and sidewalk improvements. No action is required at this meeting. This item is presented for discussion and direction only. 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 TO: The Common Council of Amery FROM: Alex Mansfield, City Administrator DATE: June 23, 2026 RE: Sidewalk Improvement Program -- Inventory, Funding Options, and Next Steps Summary The City has no active sidewalk maintenance program, has not conducted the annual condition inspections required by Section 370-5 of the Municipal Code, and lacks a current inventory of network conditions. This memo presents the case for a citywide sidewal k inventory as a necessary first step, reviews available funding mechanisms, and describes the connection between the inventory and the vehicle registration fee discussed as a separate agenda item. No program approval is requested at this time. Background The 2045 Comprehensive Plan identified sidewalk conditions as among the most cited infrastructure concerns. Residents described broken and uneven surfaces, network gaps on school routes, and conditions that prevent residents with mobility limitations from traveling safely. The 2018 Bicycle and Pedestrian Master Plan called for a sidewalk enforcement policy as a priority action. Neither has resulted in a functioning program to date. A 2015 inventory map shows which streets have sidewalks but does not reflect condition. A 2015 cost analysis covered three priority corridors: Keller Avenue, Hillcrest Drive, and Central Avenue. Keller has since been largely addressed. Hillcrest Drive is i n process through a Safe Routes to School TAP grant. Central Avenue and the full residential network have not been studied. The residential network represents the majority of community concern and remains entirely uncosted. The City cannot design a program, set a cost -sharing policy, or apply competitively for grants without knowing the condition and extent of the existing network. A consultant -led inventory is estimated at $10,000 to $20,000. Funding for this work is not available in the current or proposed FY2027 budget absent a new revenue source. Available Funding Mechanisms Special Assessments (Wis. Stat. Section 66.0703). The existing sidewalk code authorizes special assessments for reconstruction, payable over five years with interest. The City bids and manages the contract, capturing volume pricing. A 50/50 City -owner split is the most common model among comparable Wisco nsin cities. A hardship deferral provision -- allowing qualified low -income owner - occupants to defer their share as a lien payable upon property transfer -- can address affordability without eliminating cost recovery. Full Property Owner Assessment. The current code places full repair and reconstruction costs on abutting owners. This limits direct City expenditure but places a significant burden on owners, particularly those with fixed incomes or large street frontages. Without a hardship provision, consistent enforcement has proven difficult in comparable communities. Vehicle Registration Fee (Wheel Tax). As discussed in the accompanying memo, a wheel tax is the most sustainable long-term transportation funding tool available to the City outside the levy limit. However, 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 wheel tax revenue would need to serve multiple transportation needs. At best, staff anticipates that approximately half of wheel tax proceeds could be directed toward sidewalk-related purposes, including the inventory and the City's share of an assessment -based program. The remaining proceeds would address the documented street maintenance funding gap. Grant Funding. State and federal programs including WisDOT's Transportation Alternatives Program and Safe Routes to School are available for gap construction and school route connections. Grants are competitive, require approximately 20% local match, and carry two-to-three-year lead times. They do not address distributed residential repair needs. A completed inventory strengthens any grant application. Capital Projects Levy. The existing Capital Projects Levy of approximately $157,500 per year is fully committed to street repairs, equipment, and storm sewer. Diverting these funds to sidewalks would reduce already-underfunded street maintenance. Staff does not recommend this as a sidewalk funding source. Fiscal Impact The 2015 cost analysis estimated full sidewalk and curb replacement on Keller Avenue, Hillcrest Drive, and Central Avenue at approximately $1.03 million. Adjusted for approximately 65% construction cost inflation since 2015, equivalent work would cost an estimated $1.7 million today, or roughly $82 per linear foot for concrete replacement including curb. Central Avenue alone represents an estimated $420,000. The residential network has not been studied and represents an unknown additional liability. To illustrate costs to individual owners: a typical residential parcel with 60 linear feet of frontage requiring full reconstruction would carry a gross project cost of approximately $4,900. Under a 50/50 split, the owner's assessed share would be roughly $2,450, paid over five years at approximately $490 to $530 annually including interest. A 100-foot frontage would carry an owner share of approximately $4,100, or $820 to $900 per year. Corner lot provisions in the existing code limit assessment to the shorter frontage, reducing the burden for those properties. The fiscal impact to the City varies by mechanism. Under either assessment model, the City pays the contractor 100% of construction costs at project completion. Under a 50/50 split the owner's share is then recovered over five years; under full assessment the entire project cost is recovered over five years. In both cases the City carries the outstanding balance as a receivable during the collection period. At a program scale of $150,000 per year in gross construction, the City must have $150,000 in cash av ailable each construction season. Over the first five years the outstanding receivable could accumulate to $300,000 to $375,000 before collections and new projects reach a steady state. Wisconsin law permits special assessment notes -- short-term debt backed by anticipated collections -- to manage this cash flow exposure without drawing directly on the General Fund. However, if dedicated revenue is insufficient to cover annual construction outlays in the start-up years of the program, the gap creates direct pressure on the General Fund, which is a significant concern given the City's current below -minimum fund balance position. If a wheel tax is adopted at the $30 maximum, estimated annual revenue is $120,000 to $150,000. Staff anticipates that approximately half of proceeds, or $60,000 to $75,000 annually, could reasonably be allocated to sidewalk purposes, with the remainder directed to street maintenance. At that funding level, the City's share of a 50/50 program would support roughly $120,000 to $150,000 in gross annual construction. A modest program at this scale is manageable but would require years to address a backlog whose full size is currently unknown. 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 Recommendation Staff requests Council discussion and direction on: (1) whether the Council affirms the need for a citywide sidewalk inventory before program commitments are made; (2) whether staff should identify inventory funding contingent on wheel tax adoption or anot her source; and (3) whether staff should return with a program design proposal -- including a cost -sharing model and ordinance amendments -- following inventory completion. This item is presented for discussion and direction in conjunction with the vehicle registration fee item on this agenda. No action is required at this meeting. 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 TO: The Common Council of Amery FROM: Alex Mansfield, City Administrator DATE: 6/15/2026 RE: Data Center Development: Briefing & Policy Discussion SUMMARY Data center development has become one of the most consequential and politically charged land use issues in Wisconsin. Driven by surging demand for AI computing and cloud storage, developers are increasingly targeting small rural communities where land is affordable and electrical infrastructure can be expanded. Wisconsin's 2023 sales tax exemption for certified data centers has accelerated this trend, with multiple large-scale projects underway or proposed across the state. This memo provides the Council with a factual briefing on what data centers are, their potential benefits and costs, the Wisconsin-specific regulatory landscape, and a series of policy questions for discussion. Amery has not received a formal development request; this conversation is intentionally proactive and designed to ensure that if such a request arrives, the City has a framework for evaluation rather than being forced into a reactive decision under developer-created time pressure. BACKGROUND What Is a Data Center and Why Are They Coming to Rural Wisconsin? A data center is a facility that houses large arrays of computer servers to store, process, and transmit digital data. Every internet search, streamed video, cloud application, and AI interaction depends on data center infrastructure. As AI tools proliferate and cloud computing expands, demand for data center capacity has grown dramatically. Developers are increasingly targeting rural communities for several converging reasons: lower land costs, room for large-footprint facilities, available water for cooling systems, and the ability to build or expand electrical infrastructure from a lower starting point. Wisconsin's unique combination of abundant freshwater, relatively low-cost land, and the 2023 state sales tax exemption for qualified data centers has made it a particularly attractive target. According to a 2026 Pew Research Center analysis, 67% of the approximately 1,500 data centers currently in development nationally are planned for rural locations, compared to just 13% of existing facilities. Thirty-nine percent of planned projects are targeting counties with no existing data center presence. Types of Data Centers Data centers vary widely in scale. Understanding facility type is critical to evaluating community impact: Type Typical Size Power Demand Land Required Daily Water Use Hyperscale 100,000+ sq ft 100+ MW 100-1,000+ acres Up to millions of gallons Cloud/Enterprise 10,000-200,000 sq ft 1-99 MW 5-40+ acres Thousands to hundreds of thousands of gallons Edge/Micro <10,000 sq ft <1 MW <1 acre Minimal 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 Source: Northeast Regional Center for Rural Development, 2026. Figures are approximate. Wisconsin Context: The State Regulatory and Incentive Landscape Wisconsin passed 2023 Act 19, creating a state sales and use tax exemption for qualified data centers. The exemption covers construction materials, equipment, servers, and cooling systems. To qualify, a developer must commit to a minimum investment threshold based on county population: • Counties with population under 50,000 (Polk County falls in this category): $50 million minimum investment • Counties 50,000 to 100,000: $100 million minimum investment • Counties over 100,000: $150 million minimum investment The scale of the state's financial commitment has drawn significant scrutiny. The nonpartisan Legislative Fiscal Bureau now estimates Wisconsin could forgo more than $2 billion in sales tax revenue from just four projects currently under construction by Microsoft, Meta, Oracle, and Epic Systems, including an estimated $369 million in forgone annual sales tax revenue once those facilities are fully operational. Separately, communities have been under pressure to create Tax Increment Districts (TIDs) to fund infrastructure for data center development. In Port Washington, voters approved a Spring 2026 referendum requiring voter approval for any future TID exceeding $10 million, a direct response to the $458 million TID the city had already approved for a data center project. Cities should note that TID debt for data center infrastructure that subsequently becomes obsolete or is abandoned represents a real long-term fiscal risk. While Wisconsin has no state-level data center regulation beyond the incentive program, the legislature has seen multiple proposals during the 2025-2026 session, none of which have passed as of the date of this memo. The regulatory landscape may change at the state level. What Is Happening in Wisconsin Right Now? The following illustrates the scope and character of data center activity across the state: • Hyperscale projects are underway in Port Washington ($15 billion, 1.3 GW , 672 acres), Mount Pleasant ($20 billion), and Beaver Dam ($1 billion, Meta). The Port Washington facility alone is projected to consume the same power as approximately half a million homes and 22,000 gallons of water per day. • In Menomonie (population 16,700), a developer proposed a $1.6 billion, 320-acre hyperscale campus on farmland. After a community opposition campaign, the City Council unanimously revised its zoning ordinance in January 2026 to effectively block the project. • The City of Madison enacted a temporary moratorium in January 2026 on zoning approvals for new data centers larger than 10,000 square feet, using the pause to research and develop appropriate long-term regulations. • Milwaukee has proposed prohibiting large data centers and establishing specific regulations for smaller facilities. • At least four Wisconsin communities signed Non-Disclosure Agreements (NDAs) with developers, meaning some public officials knew about proposals more than a year before the public did. • A 2026 Marquette Law School poll found bipartisan opposition among Wisconsin residents: 70% of those surveyed viewed data center costs as outweighing benefits, up from 55% just months earlier. 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 How Does Amery Factor In? Amery has characteristics that could attract smaller-scale data center interest: rural location, available industrial land (notably the South Industrial Park), proximity to Xcel Energy/Northern States Power electrical infrastructure, and access to the Apple River watershed. Polk County falls in the lowest investment threshold tier under Wisconsin's tax exemption program, meaning a developer could qualify for state tax benefits with a $50 million commitment. The City does not currently have a data center definition in its zoning code, which means a request could arrive in an ambiguous regulatory posture. Amery is unlikely to attract hyperscale development given the limited grid capacity and geographic factors, but edge, enterprise, or mid-scale cloud facilities are a realistic scenario. The policy questions are similar regardless of scale, though the magnitude of impacts and benefits differs significantly. FISCAL IMPACT Potential Benefits • Property tax revenue from assessed improvements and equipment (though Wisconsin's elimination of most personal property taxes reduces this somewhat). • Construction permit fees and associated revenue during the development phase. • A small number of permanent, typically well-paying technical operations positions. A large facility may employ only 25 to 75 full-time workers; a hyperscale campus might employ 50 to 200. • Potential utility revenue if the City provides water or sewer service to the facility. • Indirect economic activity from construction-phase employment. Potential Costs and Risks • Infrastructure investment: Data centers may require significant electrical grid upgrades, water main capacity expansions, and road improvements. The question of who pays for those upgrades is a critical negotiating point. In some Wisconsin communities, ratepayers and taxpayers have borne substantial infrastructure costs that were not fully recovered through development agreements. • TID risk: If a data center relies on TID financing for infrastructure and the facility is later abandoned or becomes technologically obsolete, remaining TID debt obligations fall on the broader tax base. • Rate impacts: Large data centers consuming continuous power can contribute to rate increases for existing residential and commercial ratepayers, particularly in regions where new generation or transmission capacity must be built to serve the facility. Amery residents are served by Xcel Energy/Northern States Power Wisconsin, where residential rates run approximately 17 cents per kWh following a Public Service Commission-approved rate increase effective January 2026 that added roughly $13.47 per month to the average residential bill. Any large new load on this system is a relevant consideration for future rate cases. • Water supply strain: Many data centers use evaporative cooling systems requiring significant daily water withdrawals. A facility drawing from the City's municipal water system could affect capacity, pressure, and long-term infrastructure planning. Polk County's water resources include the Apple River and associated groundwater. • Noise and light: Data centers operate 24 hours per day, 7 days per week. High-velocity cooling fans generate a persistent mechanical hum audible at significant distances, particularly in quiet rural 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 settings. Documented examples in other communities include reported health effects among neighbors including sleep disruption, increased blood pressure, and anxiety. Light pollution from all-night exterior lighting is an additional concern. • Land use permanence: Once developed, data center sites rarely return to other productive uses. If the City's South Industrial Park were committed to data center use, that land would likely be unavailable for traditional manufacturing or industrial tenants that typically generate more employment per acre. • Fiscal obligation asymmetry: The economic benefits (property tax, limited jobs) are captured locally, but some of the most significant costs (power grid upgrades, water capacity, road wear) may be externalized onto the City, County, or utility ratepayers. RECOMMENDATION Staff recommends that the Council use this session to establish a shared policy framework before any development request arrives. The following action steps are presented for Council discussion and direction: Immediate Actions (No Development Request Pending) • Establish a zoning definition. Amery's code does not currently define data centers. Staff recommends directing the Plan Commission to draft a definition and zoning classification(s) with appropriate use standards. Under current Wisconsin law, municipalities may permit data centers as a conditional use in defined districts, allow them by right with conditions, or prohibit them outright. The Boardman Clark Municipal Law Newsletter (May/June 2026) provides a current Wisconsin-specific framework and is available for Council review. • Assess infrastructure capacity. Staff recommends requesting a preliminary capacity assessment from Xcel Energy/Northern States Power regarding the electrical load the existing Amery grid could support without requiring ratepayer-funded transmission upgrades. A similar assessment of municipal water system capacity is advisable. • Engage Bakke Norman. Staff recommends requesting that City Attorney review current zoning authority under Wis. Stat. Ch. 62.23 and provide a brief analysis of the City's options, including the availability of a temporary moratorium ordinance under Wis. Stat. sec. 62.23(7)(da) if the Council determines that additional study time is warranted before any application is accepted. • Adopt a policy on NDAs. Several Wisconsin communities accepted Non-Disclosure Agreements with developers before any public disclosure. Staff recommends the Council adopt a standing policy that the City will not enter into NDAs related to development proposals, consistent with Wisconsin's commitment to open government and the public trust that Council members hold. • Monitor the Legislature. Multiple data center-related bills are pending in the 2025-2026 Wisconsin legislative session. Staff will continue to monitor and brief the Council on any legislation that affects municipal authority or the tax incentive framework. If a Development Request Arrives: Key Evaluation Criteria Should a developer approach the City, staff recommends the Council evaluate any proposal against the following criteria: • Facility type and scale (edge/micro vs. enterprise vs. hyperscale) and associated resource demands. 104 Maple Street W., Suite A Office: 715.268.7486 Amery, WI 54001 Fax: 715.268.4870 • Power demand (MW) and the identity of the party responsible for any required grid upgrades. • Daily water consumption volume and the water source (municipal system vs. private well). • Proximity to residential areas and adequacy of proposed setbacks, noise attenuation, and lighting controls. • Permanent full-time employment commitments with wage and benefit benchmarks. • Development Agreement provisions including infrastructure cost-sharing, performance guarantees, and facility decommissioning obligations. • TID feasibility if requested, with independent fiscal analysis prior to Council action. • Whether the site proposed (including the South Industrial Park) is the highest and best use for that land given competing economic development objectives. Council Discussion Questions The following questions are offered to structure the Council's policy discussion: • Should data centers be a permitted use in Amery at all, and if so, in which zoning districts and at what scale? • What employment floor should the Council set as a threshold for a data center to represent a net positive workforce development outcome for the community? • How should the City approach requests to commit South Industrial Park land to data center use given the park's established industrial development objectives? • Is the Council prepared to offer a TID for data center infrastructure, and if so, under what conditions? • Should the City proactively adopt a data center zoning ordinance now, or wait and address it through the conditional use process if a request arrives? • What level of community transparency does the Council expect staff to maintain during any pre- application discussions with a developer? CITY OF AMERY Office of the City Administrator TO: Common Council, Committee of the Whole FROM: Alex Mansfield, City Administrator DATE: June 15, 2026 RE: Stower Seven Lakes State Trail: Status of Master Plan Process and City Position Summary Polk County is restarting the master planning process for the Stower Seven Lakes State Trail following the Wisconsin Court of Appeals' October 2025 decision in Friends of Stower Seven Lakes State Trail, Inc. v. Polk County, which struck down the County's prior plan to add snowmobile and equestrian use to the corridor. As part of that restart, the County and the Department of Natural Resources are revising the tri-party operating agreement, and early indications are that the new master plan effort may move toward a mixed-use framework for the trail rather than preserving its long-standing status as a quiet, non-motorized corridor. Because the trail runs through the City of Amery and serves as a recreational and economic asset for our community, staff is bringing this item forward so Council can discuss whether the City wishes to take a position, submit comments, or otherwise participate as the County's process develops. Background The Stower Seven Lakes State Trail is a 14-mile crushed limestone corridor running from Soo Line Park in Amery to Lotus Lake County Park near Dresser, on a former rail corridor acquired by the DNR in 2003. The trail has operated under a tri-party agreement among the DNR, Polk County, and the Friends of Stower Seven Lakes State Trail, and has historically been managed as a non-motorized, “silent sports” trail for hiking, biking, and cross-country skiing. In 2020, Polk County approved a master plan amendment opening a portion of the trail to seasonal snowmobile and equestrian use. The Friends of Stower Seven Lakes State Trail sued the County and DNR, arguing the change violated state trail rules and the cooperative agreement's public participation requirements. A St. Croix County circuit court agreed in 2023 and reversed the approval. The County appealed, and in October 2025 the Wisconsin Court of Appeals upheld the circuit court's ruling, finding the County had not followed proper procedure in adopting the 2020 plan. The litigation, which began in 2021, is reported to have cost Polk County close to $300,000 in legal fees to date. Following the appellate ruling, Polk County and the DNR have been working on a new memorandum of understanding governing the trail, with the stated goal of restarting the master planning process. As of April 2026, the County Board sent that draft MOU back to committee for further review. County administration has indicated that the broader purpose of this effort is to develop a new master plan for the trail, which will require renewed public input and could again raise the question of whether the corridor should remain limited to non-motorized, silent-sport use or be opened to a wider mix of uses. Amery is one of the trail's two terminus communities and has a direct interest in how this process unfolds. The trail passes through the city limits, crosses between North Twin and South Twin Lakes, and is a recreational draw connected to Soo Line Park. A shift toward mixed motorized and non-motorized use, or a contentious repeat of the prior planning dispute, would have implications for trail safety, City recreational programming, tourism messaging, and the City's relationship with the County and DNR going forward. Fiscal Impact There is no direct fiscal impact to the City from this discussion item. The trail itself is owned and managed by the DNR and Polk County, and the litigation costs referenced above have been borne by the County. Indirect considerations for the City include the trail's role in local tourism and recreation, the cost of staff time if the City elects to participate in the County's planning or comment process, and any future implications for trailhead facilities, signage, or maintenance coordination near Soo Line Park should the trail's use designation change. Recommendation Staff recommends that the Committee of the Whole discuss and provide direction on three questions: (1) whether the City has a position on the trail's appropriate uses, including whether Council wishes to express support for maintaining the corridor as a non-motorized, silent-sport trail or is open to a mixed- use approach; (2) whether the City has any position on the County's MOU and master plan process itself, such as the importance of genuine public input given the procedural issues identified by the Court of Appeals; and (3) whether Council wishes to issue any formal statement, resolution, or comment letter to Polk County and the DNR, either now or once a draft master plan is released for public review. Staff will continue monitoring the County's MOU and master plan timeline and will bring any draft plan or formal comment opportunity back to Council with a recommended response. Chapter 390 TREES AND SHRUBS § 390-1. Statement of policy; applicability. § 390-2. Definitions. § 390-3. Authority of Public Works Director to enter private premises. § 390-4. Interference with Public Works Director prohibited. § 390-5. Abatement of tree disease and insect nuisances that kill trees. § 390-6. Planting of trees and shrubs. § 390-7. Trimming. § 390-8. Trees and shrubbery obstructing view at intersection or view of traffic signs. § 390-9. Removal of trees and stumps. § 390-10. Prohibited acts. § 390-11. Appeal from determinations or orders. § 390-12. Inspection of trees. § 390-13. Violations and penalties. § 390-14. Adoption of state statutes. [HISTORY: Adopted by the City Council of the City of Amery 10-7-2015 by Ord. No. 1-2015 (Title 6, Ch. 4, of the 2004 Code). Amendments noted where applicable.] § 390-1. Statement of policy; applicability. A. Intent and purpose. It is the policy of the City of Amery to regulate and establish policy for the control of planting, removal, maintenance and protection of trees and shrubs in or upon all public areas and terrace areas of the City to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks or other public areas; to promote and enhance the beauty and general welfare of the City; to prohibit the undesirable and unsafe planting, removal, treatment and maintenance of trees and shrubs located in public areas; and to guard all trees and shrubs both public and private within the City against the spread of disease, insects or pests. B. Power to regulate trees and shrubs. (1) It is hereby established that the City Parks and Recreation Committee will serve as the City Tree Board. Members of the Board will serve without additional compensation. It shall be the responsibility of the City Tree Board to create the Annual City Tree Plan in coordination with the Public Works Director and to plan the annual City Arbor Day ceremony. (2) The City Council has empowered the Public Works Director to plant, transplant, remove, trim, treat and otherwise care for and protect all trees, shrubs and plants on all public lands not specifically delegated to other City boards, all to ensure public safety and to preserve and enhance the beauty of such public lands. (3) Public land under the jurisdiction of the Public Works Director includes but is not limited to all lands within the lines of all public streets and alleys in the City, more specifically the terrace strip between the lot line and curb or improved portion of any public street or alley. (4) The City Council is empowered to require landowners to remove, trim or treat specified trees, City of Amery, WI Downloaded from https://ecode360.com/AM3868 on 2026-06-18 § 390-2. Definitions. Whenever the following words or terms are used in this chapter, they shall be construed to have the following meanings: BOULEVARD OR TERRACE AREAS — The land between the normal location of the street curbing and sidewalk. Where there is no curb and gutter, the area four feet from the curbline shall be deemed to be a boulevard for the purpose of this chapter. "Boulevard" shall have the same meaning as "terrace." Where there are no sidewalks, the area four feet from the curb shall be deemed boulevard areas under this chapter. EVERGREEN TREE — Any woody plant normally having one stem or trunk and bearing foliage in the form of needles and crowns which extend from ground level throughout its entire height. MAJOR ALTERATION — Trimming a tree beyond necessary trimming to comply with this chapter. PERSON — Person, firm, association or corporation. PUBLIC AREAS — Includes all public parks and other lands owned, controlled or leased by the City except the terrace areas. PUBLIC NUISANCE — Any tree or shrub or part thereof which, by reason of its condition, interferes with the use of any public area; infected with a plant disease; infested with injurious insects or pests; injurious to public improvements; or which endangers the life, health, safety or welfare of persons or property. PUBLIC TREES AND SHRUBS — All trees and shrubs located or to be planted in or upon public areas. PUBLIC WORKS DIRECTOR — The City Council shall designate a Public Works Director, or assign such duties to a City employee. SHRUBS — Any woody vegetation or a woody plant having multiple stems and bearing foliage from the ground up. TREE — Any woody plant, normally having one stem or trunk bearing its foliage or crown well above ground level to heights of 16 feet or more. § 390-3. Authority of Public Works Director to enter private premises. The Public Works Director or his/her authorized representative may enter upon private premises at all reasonable times for the purpose of examining any tree or shrub located upon or over such premises and carrying out any of the provisions of this chapter. If a request to inspect such trees or shrubs is denied by the person responsible for the property, an inspection warrant may be obtained pursuant to § 66.0119, Wis. Stats. § 390-4. Interference with Public Works Director prohibited. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)] No person shall interfere with or prevent any acts of the Public Works Director or his/her authorized representatives while they are engaged in the performance of duties imposed by this chapter or carrying shrubs or plants under certain conditions and to prohibit the planting of certain trees or tree species, shrubs or plants on private lands within the City of Amery. C. Application. The provisions of this chapter shall apply to trees and shrubs growing or hereafter planted in or upon public areas and terrace areas and also to all trees and shrubs growing or to be planted in or upon any private premises which shall threaten the life, health, safety or welfare of the public or of any public areas. City of Amery, WI § 390-1 AMERY CODE § 390-4 Downloaded from https://ecode360.com/AM3868 on 2026-06-18 out any work or activities authorized by this chapter. No person shall refuse to permit the Public Works Director or his/her representative to enter upon his/her premises at reasonable times to exercise the duties imposed by this chapter. § 390-5. Abatement of tree disease and insect nuisances that kill trees. A. Nuisances to public or private trees. Whereas the City Council has determined that there are many trees growing on public and private premises within the City, the loss of which would substantially depreciate the value of public and private property, impair the use and enjoyment of public and private premises and erode the tax base of the City, and that the health and life of such trees is threatened by fatal diseases and insects such as Dutch elm disease, oak wilt and emerald ash borer, the City Council hereby declares its intention to control and prevent the spread of such disease and the insect pests. B. Definitions. As used in this section, unless otherwise clearly indicated by the context, the following terms shall have the meanings indicated: PERSON — Person, firm or corporation. PUBLIC NUISANCE — PUBLIC PROPERTY — Owned or controlled by the City, including, without limitation because of enumeration, public sites, parks, playgrounds, streets, alleys, sidewalks, boulevards, and the terrace strip between the lot line and the curb or improved portion of any public way. Dutch elm disease and associated insects that vector the disease. (1) Elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.). (2) Any living or standing elm tree or part thereof infected with the Dutch elm disease fungus or in a weakened condition which harbors any of the elm bark beetles, Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.). (3) Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle-destroying concentrate. (4) Emerald ash borer (EAB). (Agrilus planipennis.) (5) Any dying or dead ash tree (Fraxinus). (6) Oak wilt (Ceratocystis fagacearum) and associated insects that vector the disease. (7) Any other deleterious or fatal tree disease. (8) Any tree or part thereof which by reason of its condition and location is hazardous or dangerous to persons and property using or upon any public street, sidewalk, alley, park or other public place, including the terrace strip between curb and lot line. (9) C. Inspection. (1) The Public Works Director shall inspect or cause to be inspected all premises and places within the City to determine whether any public nuisance exists thereon. The Public Works Director shall also inspect or cause the inspection of any elm, ash or oak tree reported or suspected to be infested with Dutch elm disease, emerald ash borer or oak wilt. City of Amery, WI § 390-4 TREES AND SHRUBS § 390-5 Downloaded from https://ecode360.com/AM3868 on 2026-06-18 § 390-6. Planting of trees and shrubs. (2) Whenever necessary to determine the existence of Dutch elm disease, elm bark beetles, or emerald ash borers in any tree, the person inspecting such tree shall remove or cut specimens from the tree in such manner as to avoid fatal injury thereto and deliver such specimens to the Public Works Director who shall forward them to the Wisconsin Department of Agriculture, Trade and Consumer Protection at Madison for analysis to determine the presence of such nuisances. D. Abatement of nuisances. (1) The Public Works Director shall order, direct, supervise and control the abatement of public nuisances as defined in this section by spraying, removal, burning or by other means which he/ she determines to be necessary to prevent as fully as possible the spread of Dutch elm disease, oak wilt fungus, the emerald ash borer, or other deleterious tree diseases or the insect pests or vectors known to carry such diseases. (2) Whenever the Public Works Director after inspection or examination shall determine that a public nuisance as herein defined exists on public property in the City, he/she shall immediately abate or cause the abatement of such nuisance in such manner as to destroy or prevent as fully as possible the spread of Dutch elm disease, oak wilt, emerald ash borer, other deleterious tree diseases, or the insect pests or vectors known to kill trees. (3) Notice and hearing. (a) When the Public Works Director shall determine with reasonable certainty that a public nuisance exists upon private premises, he/she shall immediately serve or cause to be served personally or by registered mail upon the owner of such property, if he/she can be found, or upon the occupant thereof, a written notice of the existence of such nuisance and of a time and place for a hearing before the Public Works Director, not less than 10 days after service of such notice, on the abatement action to be taken. Such notice shall describe the nuisance and recommend procedures for its abatement, and shall further state that unless the owner shall abate the nuisance in the manner specified in the notice, or shall appear at the hearing to show that such nuisance does not exist or does not endanger the health of trees in the City, the Public Works Director shall cause the abatement thereof at the expense of the property served. If the owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the City. (b) If, after hearing held pursuant to this subsection, it shall be determined by the Public Works Director that a public nuisance exists, he/she shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within five days after such hearing, the Public Works Director shall proceed to abate the nuisance and cause the cost thereof to be assessed against the property in accordance with the procedures provided in this section. The Public Works Director may extend the time allowed the property owner for abatement work but not to exceed 10 additional days. A. Responsibility. The size and genus, species and variety of trees and shrubs to be planted in terraces, tree banks and boulevards and the manner of planting shall be determined by the Public Works Director. All planting maintenance and trimming of trees in terraces shall be the responsibility of the Public Works Department in all public areas. B. Planting size. City of Amery, WI § 390-5 AMERY CODE § 390-6 Downloaded from https://ecode360.com/AM3868 on 2026-06-18 (1) All trees, when planted, shall be least five feet high and have five or more branches. (2) The tree shall be planted in a well-prepared hole with the root collar level or one inch above the soil line. All trees less than 12 feet high shall be staked. All trees 12 feet or more in height shall be supported by guy wires in such a way as not to injure the bark. The support shall be removed after a year. (3) The tree shall be kept well-watered and mulched to an area covering the entire root ball area or beyond, to conserve moisture and as a protection from lawn mower damage. (4) All trees planted under utility lines will be of species that do not reach a mature height of 25 feet. C. Location. (1) There shall be a distance of 40 feet to 50 feet between terrace area trees, depending upon the size of tree and other factors. Terrace trees shall be planted equal distance between the sidewalk or proposed sidewalk and back of the curb or proposed back of curb. In terrace areas less than five feet wide, planting will not be permitted. Terrace area trees shall be a minimum of 30 feet from an intersection. (2) All trees shall be planted a minimum 15 feet from driveways. (3) Evergreen trees or shrubs shall not be planted in a terrace area. (4) It shall be unlawful to plant or maintain shrubbery, ground cover or other plants not considered to be a deciduous leaf tree within terrace areas whose growth is in excess of eight inches in height above the top of the nearest curb. (5) Tree grates shall be provided for terrace trees surrounded by concrete by the adjacent property owner and shall be level with adjacent concrete. (6) Trees may not be planted in the terrace closer than: (a) Twenty feet to a utility or streetlighting pole. (b) Ten feet to a fire hydrant, water stop box or gas shutoff. (c) Thirty feet to the intersection of two streets from either corner measured on the property line. (7) New street trees shall not be planted over an existing tree stump within two years of removal unless the stump is removed to a depth of four feet. D. Certain species restricted. No Chinese elm, white poplar, Lombardy poplar, Norwegian maples, true ash, willows, birch, cherries, box elder, populous, mountain ash, any fruit or nut tree, or any tree which, in the opinion of the Public Works Director, constitutes a nuisance in any way shall be planted in or upon public street, parkway, boulevard, terrace or other public place within the City. The Public Works Director shall cause the removal of any tree planted in violation of this subsection. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)] E. Landscaping. In new subdivisions or when the development of commercial property occurs, the Public Works Director shall review landscaping plans and may require street trees to be planted in any of the streets, parking lots, parks and other public places abutting lands henceforth developed City of Amery, WI § 390-6 TREES AND SHRUBS § 390-6 Downloaded from https://ecode360.com/AM3868 on 2026-06-18 § 390-7. Trimming. § 390-8. Trees and shrubbery obstructing view at intersection or view of traffic signs. and/or subdivided. F. Unlawfully planted trees. Trees, plants or shrubs planted within any terrace or planting easement without the authorization and approval of the Public Works Director may be removed. The Public Works Director shall notify the abutting owner, in writing, listing the unlawfully planted trees, plants or shrubs, ordering their removal, and establishing a reasonable time within which such removal shall be accomplished. In the event that removal is not to be accomplished within the time specified, the City may remove such trees, plants or shrubs and assess the costs thereof to the owner. A. Trees and shrubs standing in or upon any terrace, public area or upon any private premises adjacent to any public right-of-way or public areas shall be kept trimmed so that the lowest branches projecting over the public street or alley provide a clearance of not less than 14 feet. The Public Works Director may waive the provisions of this section for newly planted trees if he/she determines that they do not interfere with public travel, obstruct the light of any streetlight or endanger public safety. B. The necessity of the pruning may be determined by the Public Works Director. Trimming activity, and the cost thereof, shall be the responsibility of the City. C. Clearance from sidewalk to lower branches shall not be less than 10 feet. All trees standing upon private property in the City, the branches of which extend over the line of the street, shall be trimmed so that no branch shall grow or hang over the line of the sidewalk lower than 10 feet above the level of the sidewalk. No tree shall be permitted to grow in such a manner as to obstruct the proper diffusion of light from any public lamp. D. There shall be no pruning of oak trees from April 1 to August 1 due to the susceptibility of trees to oak wilt infection by beetles. A. Notwithstanding any other provision of this chapter, no person shall maintain, plant or permit to remain on any private premises situated at the intersection of two or more streets or alleys in the City any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection. B. It is unlawful for any person to plant, cause to grow, allow to grow or maintain any trees, bushes, shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign or driveway approach to a street in the City. It shall be the duty of every owner of such tree, bush, shrubbery or vegetation to remove such obstruction. C. Any shrub, tree or other plant which obstructs the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel and the Public Works Director may order, by written notice, the owner or occupant of any private place or premises on which there stands a tree or shrub which unreasonably interferes with or encroaches upon the street or sidewalk to take such steps as are necessary to remove such interference. If such owner or occupant fails, within 10 days of receipt of notice, to take such necessary steps, the Public Works Director shall order City employees to remove the interference. The cost of removing the interference shall be levied and collected as a special charge upon the property upon which or in front of which such tree or shrub stands. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)] D. Any person who is an owner or occupant or firm or corporation failing to obey the written notice of City of Amery, WI § 390-6 AMERY CODE § 390-8 Downloaded from https://ecode360.com/AM3868 on 2026-06-18 § 390-9. Removal of trees and stumps. § 390-10. Prohibited acts. the Public Works Director as specified in Subsection C above shall, upon conviction thereof, be subject to a forfeiture as established in § 1-5 of this Code of Ordinances. A. Dangerous, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the Public Works Director shall find to be infected, hazardous or a nuisance so as to endanger the general public or other trees, plants or shrubs growing within the City, or to be injurious to sewers, sidewalks or other public improvements whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The Public Works Director shall give written notice to said owner to remedy the situation which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days as determined by the Public Works Director on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limit, the Public Works Director shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the City Administrator/Clerk-Treasurer, who shall thereupon enter such cost as a special charge against the property. B. Removal standards. In cutting down trees located in public and terrace areas, the tree must be removed with the root stump grubbed out, or ground out to a depth of at least nine inches below grade measured in a straight line with the normal grade of sidewalk to top of nine inches below grade measured as a straight line, normal grade of sidewalk to top of curb. All wood and debris must be removed from the street prior to the end of each working day, and all holes shall be filled to normal grade level with topsoil as soon as practicable. A. Damage to public trees. No person shall, without the consent of the owner in the case of a private tree or shrub, perform or cause to be performed by others any of the following acts: (1) Secure, fasten or run any rope, wire sign, unprotected electrical installation or other device or material to, around or through a tree or shrub. (2) Break, injure, mutilate, deface, kill or destroy any tree or shrub or permit any fire to burn where it will injure any tree or shrub. (3) Permit any toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub or place cement or other solid substance around the base of the same. (4) Remove any guard, stake or other device or material intended for the protection of a public tree or shrub, or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer. (5) Attach any sign, poster, notice or other object on any tree, or fasten any guy wire, cable, rope, nails, screws or other device to any tree; except that the City may tie temporary "no parking" signs to trees when necessary in conjunction with street improvement work, tree maintenance work or parades. (6) Cause or encourage any fire or burning near or around any tree. City of Amery, WI § 390-8 TREES AND SHRUBS § 390-10 Downloaded from https://ecode360.com/AM3868 on 2026-06-18 § 390-11. Appeal from determinations or orders. Any person who receives a determination or order under this chapter from the Public Works Director and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter 5, Administrative Review, of this Code of Ordinances, to the City Council within seven days of receipt of the order, and the City Council shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the City Council may reverse, affirm or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The City Council shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Council shall file its written decision with the City Administrator/Clerk- Treasurer. § 390-12. Inspection of trees. An annual inspection by competent personnel shall be made of all trees within the terrace strip along every public way within the City, and also those trees on private lands within falling distance of any public way or public place. § 390-13. Violations and penalties. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)] Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to a provision of the chapter, upon being found guilty of violation, shall be subject, where no other penalty is provided, to a fine not to exceed $500 for each separate offense. Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense. If as the result of the violation of any provision of this chapter, the injury, mutilation, or death of a tree, shrub, or other plant located on City owned property is caused, the cost of repair or replacement, or the appraised dollar value of such tree, shrub, or other plant shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to Professional Evaluation of Landscape Trees, Specimen, Shrubs, and Evergreens," as published the International Society for Arboriculture. (7) Place or maintain upon the ground any stone, brick, cement or other impervious substance in such manner as may obstruct the free access of air or water to the roots of any tree, shrub or plant in or upon any public way or public place. (8) Top any street tree, park tree, or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination the City Tree Board. B. Excavations. All trees on any parkway or other publicly owned property near any excavation or construction of any building, structure or street work shall be sufficiently guarded and protected by those responsible for such work as to prevent any injury to said trees. No person shall excavate any ditches, tunnels or trenches, or install pavement within a radius of 10 feet from any public tree without a permit from the Public Works Director.1 1. Editor's Note: Original Sec. 6-4-10(c) of the 2004 Code of Ordinances, Interference With Forester, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). City of Amery, WI § 390-10 AMERY CODE § 390-14 Downloaded from https://ecode360.com/AM3868 on 2026-06-18 § 390-14. Adoption of state statutes. Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and incorporated herein by reference. City of Amery, WI § 390-14 TREES AND SHRUBS § 390-14 Downloaded from https://ecode360.com/AM3868 on 2026-06-18