Municipalitythe A publication of the League of Wisconsin Municipalities March 2015, Volume 110, Number 2
Placemaking: Valuing History, Culture and Environment in Your Community
In this issue: Principles of Community Placemaking Historic Preservation Tax Credit Arts and Creative Economy
Municipalitythe A publication of the League of Wisconsin Municipalities March 2015 Volume 110, Number 3
Departments Contents
From the Principles Executive Dir. 77 Of Community Placemaking 78 Legal FAQs 97 Road Trip! The League’s Municipal Partnership for Prosperity Tour 85 History 101 Historic Preservation Tax Credits Contribute to Making Web Wisconsin Places 86 Siting 102 Arts and the Creative Economy League Success for Wisconsin, Its People and Its Communities 89 Calendar 104 Basic Provisions Legal For Public Art 93 Captions 105 Contracts 2015 Building Inspectors Local Officials Institute In the News 107 Program 78
Cover photo: Trolls welcome New Municipal Officials visitors to Mt Horeb, by Jean 2015 Workshops Staral. Announces 100
the Municipality March 2015 75
From the Executive Director
To Each Its Own
y office overlooks Lake My son, a Second Lieutenant in the Air Force, works at Cape Canaveral MMonona. While in the Florida. His boss regularly kayaks to work. While Florida kayakers don’t summer that makes for amaz- need to worry about being swallowed up by ice, they do have to be on the ing views, even in the winter lookout for alligators. Gail snow- it has its unique appeal. Take shoes, the Air Force Colonel kayaks. What do the two places have in com- this morning, for example. mon? (Other than health-conscious- and-slightly-disturbed-commuters.) Communications Director Gail Nothing obvious. But on the more subtle side, what Cape Canaveral, Sumi made good on a vow to Florida and Madison, Wisconsin share is uniqueness. Where else can snowshoe across the lake to the you snowshoe to your office? Where else could you kayak to your office? office. show us is not so much that we have to create a unique place. It’s that we This month’s Municipality is about have to identify what is already there; For my part, I planned to sit up in my placemaking. And like places where to recognize what exists, and how office and take time lapse photos of you can snowshoe or kayak to work that makes our community a special what I thought was a crazy trek (and in the middle of a city, placemaking place, and to celebrate it. to call 911 if Gail was suddenly swal- is about being something other than a lowed up by a thin spot in the ice). place spit out by a copier. Milwaukee Happy placemaking (and, if someone Alas, I missed the trip and the photo is not Mountain and Mount Horeb knocks on the door of your ice fishing opportunity (and, although Gail told is not Marinette. Within the borders shanty, it’s probably Gail, looking to me the ice made ominous noises now of Wisconsin, every community has borrow a cup of sugar.) and then, there was no real danger of its own unique character; its own being swallowed up). little twist on what makes it a special place. What our writers this month Jerry Deschane
The Municipality OFFICERS DIRECTORS President 2015 Term Official Monthly Publication of the Tim Hanna League of Wisconsin Municipalities Dean Boehne Mayor, Appleton Volume 110, No. 3, March 2015 President Eileen Nickels Strum Council President, Platteville Editorial Offices — Justin Nickels Mayor, Manitowoc 131 W. Wilson St., Suite 505, Madison, WI 53703 Donna Olson Dial (608) 267-2380 1st Vice President Mayor, Stoughton Dan Devine In-State (800) 991-5502 2016 Term Fax: (608) 267-0645 Mayor Michael Aubinger STAFF e-mail: [email protected] West Allis President, Ashwaubenon Website: www.lwm-info.org John Dickert Executive Director Jerry Deschane Mayor, Racine 2nd Vice President Neil Palmer Assistant Director Curtis Witynski The Municipality serves as the medium of exchange of ideas President, Elm Grove and information on municipal affairs for the officials of George Peterson Ashanti Hamilton Legal Counsel Claire Silverman Wisconsin cities and villages. Nothing included herein is to Alderman, Milwaukee President Assistant Legal Counsel Daniel M. Olson be construed as having the endorsement of the League unless Rothschild 2017 Term so specifically stated. The Municipality (ISSN 0027-3597) is Tammy Bockhorst Publications Coordinator Jean M. Staral published monthly at $25 per year ($5.00 per copy, back issues Trustee, Shorewood $5.00 each) by the League of Wisconsin Municipalities, 131 W. Past President Kathey Ehley Event Manager Carrie Jensen Mayor, Wauwatosa Wilson St. Suite 505, Madison, WI 53703. Periodical postage Larry Arft Al Erickson Technology Coordinator Mary K. Malone paid at Madison & additional offices, WI. POSTMASTER: Manager Mayor, Mosinee Send address change to: The Municipality, 131 W. Wilson St. Dean Kaufert Member Engagement/Comm Gail Sumi Beloit Suite 505, Madison, WI 53703 Mayor, Neenah Administrative Assistant Ginger Contreras
the Municipality March 2015 77 Feature Article
“Create places
where people want to live and
where they feel good about living.”
– Sir Peter Hall,
Good Cities, Better Lives
78 the Municipality March 2015 Feature Article
Principles of Community Placemaking
By Professor Steve Grabow
ver the last 20 years, concepts such as new urbanism, tra- and examples of ways to initiate placemaking activities. ditional neighborhood design, livable communities, and O Concepts and Definitions of community placemaking have emerged in the fields of community Placemaking planning and design. While planning had traditionally focused on Several concepts and definitions relate to the notion of place, place the physical layout of a community, these newer approaches focus identity, community vitality and on less tangible and often hard to define aspects of a community placemaking. A few of these ideas are explored below: such as sense of place, community vitality and community place- Place. A place is a geographical space making. Many efforts are aimed at creating vital and quality places that is defined by meanings, senti- ments and stories (Hague, 2005). and improved communities. But what do these terms and concepts Places are places (and not just spaces) because they have identity (Hague, really mean? How can they be communicated to and among local 2005). officials, aspiring citizen planners, design professionals and people Place Identity. Place identity rep- who care? And how can they be applied in the community? resents the values and meaning we impart on a place based on what oth- ers tell us about the place along with This article describes, including through visual means, 19 principles of com- our own socialization shaped by age, munity placemaking. These qualities of place were derived from the research class, gender, ethnicity, education, of leading planning scholars, refined through planning practice and affirmed by etc. (Hague, 2005). Place identities leading design professionals in Wisconsin. Former UW-Extension Specialist are formed through a milieu of feel- Gene Bunnell was instrumental in conceptualizing these principles (Bunnell, ings, meanings, experiences, memo- 2002). It is understood that there are many who are making important contribu- ries and actions that, while ultimately tions about placemaking and urban design. The literature has revealed both short personal, are substantially filtered lists and long lists of recommended principles. UW-Extension has concluded, through socialization (Hague, 2005). through research and testing, that these suggested 19 principles or features of place represent an accurate and representative description of meaningful place- Planning and Placemaking. We see making elements. community planning as being about placemaking; that is to say that a This article begins by exploring the meaning of community placemaking, moves key purpose of planning is to create, through the description of principles, and wraps up with practical applications reproduce or shape the identities of places through manipulation of the By Steve Grabow, Professor and Community Development Educator, UW- activities, feelings, meanings and Extension, Jefferson County. He may be contacted at (920) 674-7295; email fabric that combine into place identity
the Municipality March 2015 79 Feature Article
Placemaking realm, streetscapes and from page 79 related infrastructure and Placemaking and Public Places. the general imaging and Creating a vision around the places re-imaging of places. that citizens view as important to (Szold, 2000) community life and their daily experi- ence based on community needs and • The process of adding aspirations. Placemaking is both an value and meaning to overarching idea and a hands-on tool the public realm through for improving a neighborhood, city or community-based revi- region. It has the potential to be one of talization projects rooted the most transformative ideas of this in local values, history, century. (Project for Public Spaces culture and natural en- website). vironment. (Zelinka and Harden, 2005) Community Vitality. Defined as the Nineteen Principles of community’s collective capacity to Principle 1: A clear strong edge defining city from Placemaking respond to change with an enhanced rural shows Fort Atkinson’s growth boundary. level of participation (process or pursuit of) with aspirations for a The 19 principles of com- Functional Area I: Effective and healthy and productive community (an munity placemaking are organized Functional Physical Configuration outcome or shared vision of success). into five “functional areas” or themes. In short, community vitality is the These themes include: effective and Principle 1: Compact development people’s pursuit of a shared vision of functional physical configuration, that doesn’t sprawl, enabling urban a place. (UW-Extension, Community user-friendly and efficient circula- and rural areas to be clearly differenti- Vitality and Placemaking Team-Draft) tion, preserved natural and cultural ated from one another. resources and environment, enhanced Placemaking Definitions: local identity and sense of place, and Principle 2: Urban places with a attributes that instinctively draw us to strong center, where multiple uses and • Relates to planning endeavors places. A brief description of the 19 activities are clustered in fairly close focused on spatial development, principles is provided. proximity (strong village and city urban design and city form, public centers).
Principle 3: City-centered redevelop- ment and infill.
Principle 4: Integration of housing, employment centers and shopping areas, so that communities contain places to live, work and shop, and contain a full range of facilities.
Principle 5: Vital, distinctive and var- ied neighborhoods in close proximity to the urban center.
Principle 6: Avoidance of low-density residential development on the urban Principle 3: Cottage Grove, WI boasts a revitalized downtown anchored fringe. by a large redevelopment project.
80 the Municipality March 2015 Feature Article
Principle 7: A mixture of housing Principle 9: High types that meets the needs of a variety quality and convenient of households with different income public transit coordi- levels. nated with land use and development, and con- Functional Area II: User-Friendly centrated development and Efficient Circulation along transit corridors and proximity to transit Principle 8: Pedestrian friendly en- stops. vironments (a pattern of development that supports and encourages sidewalk Functional Area III: pedestrian activity and bicycle path Preserved Natural and travel). Cultural Resources and Environment Principle 14: Cravath Lake Park Entrance, Whitewater, Principle 10: Environ- WI was designed and built locally mental resources, natural amenities, scenic quali- Principle 12: Historic and cultural ties, parks, recreation and open space resources consciously preserved and that are preserved and are consciously integrated into contemporary settings. integrated into the fabric of the com- munity. Functional Area IV: Enhanced Local Identity and Sense of Place Principle 11: Preserved farmland and Principle 8: Glacial River Trail in related open space, wildlife habitats Fort Atkinson allows pedestrians Principle 13: Strong local character, and environmental corridors. and bicyclists to explore the city community identity and a sense of place.
Principle 14: Well-designed pub- lic buildings and public spaces that strengthen community sense of place, often reinforced and enlivened by works of art and sculpture.
Functional Area V: Attributes that Instinctively Draw Us to Places
Principle 15: Vehicular, pedestrian and transit connectivity and ease of movement from one part of the com- munity to another.
Principle 16: Landmarks and building façades providing evidence that it is a real place, not just superficial.
Principle 10: Milwaukee’s O’Donnell Park offers visitors a green corridor con- necting downtown and Lake Michigan. Placemaking continued on page 82
the Municipality March 2015 81 Feature Article
Placemaking used to inform and inspire detailed adapted into “Worksheet Guides” from page 81 vision ideas for what a community or as an experiential way to collec- place could be. The principles have tively learn about these principles. Principle 17: Variety and whimsy been applied as an assessment tool expressed in architectural forms and for evaluating existing community • Community learning is an impor- design details. characteristics. They have also been tant prerequisite for meaningful adapted as background materials, community planning. orientation resources and guides for building the capacity of community Community Research/Assessment members involved in “First Impres- Activities sions” exchanges (i.e. a UW-Extension First Impressions Community Assess- • Community research and assess- ment Program). ment programs, including the First Impressions Community Assess- The 19 principles are also finding ment Program, helps communities applications throughout Wisconsin. assess community development In-service training programs and cur- opportunities. With the addition of riculum development has introduced the principles of placemaking into UW-Extension professionals to the orientation programs, community principles of community placemaking volunteers become more knowl- and ways to guide apply them in com- edgeable and effective in program munities. A UW-Extension “Commu- execution. The UW-Extension nity Vitality and Placemaking Team” Center for Community Economic is assembling resources and methods Development provides guidelines for putting these principles to work in and templates for this program: Wisconsin.
82 the Municipality March 2015 Feature Article
• Narrative Visioning: The interac- tive development of an agreed upon set of vision statements that describe hopes for an “ideal com- munity”.
• Image and Visual Preferences: A participatory graphic and image- oriented vision activity which involves the development of maps and visual representation of what the community hopes to look like in the future.
• Community Design Charrette: A high-energy community planning activity that combines extensive community engagement with Principle 19: The riverwalk connecting restaurants, shops, festi- a team of planning and design vals and downtown Milwaukee, WI professionals concentrated in a focused event (such as a three-day Accessing the 19 Principles agencies, nonprofit organizations, series of workshops). UW-Exten- professional design firms and consul- sion is piloting ways to adapt an The 19 principles have been organized tants can be accessed for assistance approach used by the Minnesota for application with several resources to local communities. The specific Design Team since 1983. currently available. Four PowerPoint UW-Extension placemaking resources presentations along with a document currently available can be found at: Combination of Activities entitled “Principles and Practice of the Municipality March 2015 83 Feature Article Placemaking Project for Public Spaces website. For More Information from page 83 “What is Placemaking?” 84 the Municipality March 2015 Article Road Trip! The League’s Partnership for Prosperity Tour By Gail Sumi, Communications Dir. LWM he Partnership for Prosperity Legislators including State Reps. Agenda is the League’s proac- Peterson and Shankland in Wau- T tive plan to grow Wisconsin’s paca; Rep. Doyle in La Crosse; economy by working in partner- Senator Olsen, Representatives ship with the state to help Cities and Jagler and Ripp and staff from Villages thrive. Jerry Deschane, the Sen. Fitzgerald’s and Rep. Hessel- League’s Executive Director, Curt bein’s office in DeForest; newly Witynski, Assistant Executive Director seated Rep. (aka Mayor) Novak and Gail Sumi, Member Engagement in Dodgeville; Sen. Fitzgerald and and Communications Director have Reps. Born and Ripp in Beaver taken the agenda on the road, meeting Dam plus Sen. LeMahieu and State Senate Majority Leader Scott with state and local elected officials, Reps. Katsma and Vorpagel in Fitzgerald in Beaver Dam; alos in staff and the media throughout many Sheboygan. attendance were Reps. Mark Born parts of Wisconsin. (R-Beaver Dam) and Keith Ripp (R-Lodi). When we added it all up, the Part- Our first tour stop was in the City of nership tour reached more than team. You can sign up here: Left to right: Jerry Deschane, Executive Dir. League; State Right: State Rep. aka Dodgeville Mayor,Todd Novak, Reps. John Jagler (R-Watertown), Keith Ripp (R-Lodi), and (R-Dodgeville. ). State Senator Luther Olsen (R-Ripon) at the DeForest Forum. All photos by Gail Sumi, League Comm. Director . the Municipality March 2015 85 Article Historic Preservation Tax Credits Contribute to Making Wisconsin Places By Dawn McCarthy and Jeff Bentoff he concept of “place” in- But such renovations can be finan- the mostly empty and deteriorating cially challenging due to the high cost Doerflinger building possible. Tvokes in many of us pictures of reversing years of neglect. Construction of the once-thriving, of bucolic Wisconsin small- Fortunately, needed financial assis- four-story store at the heart of La tance is available in the form of federal Crosse’s downtown was completed town main streets, like those and state historic preservation tax in 1904. Over the years, the building found in Marshfield, Evans- credits for revenue-producing build- became largely vacant, and deferred ings. Many Wisconsin development maintenance left it in poor condition. ville, Cedarburg, La Crosse and projects became possible because of these credits. Developer and building owner Mike so many other municipalities Keil, president of Doerflinger’s Sec- Since 1981, the federal 20 percent ond Century, Inc., saw the potential across the state. historic preservation tax credit has for bringing the building back and been leveraging millions of dollars for the building to bring new vitality That sense of place and authenticity of investment in Wisconsin’s historic to La Crosse. He bought the building comes in part from historic buildings buildings. Between 2001 and 2013, from the City of La Crosse in 2004, that reflect and help define each of our 150 Wisconsin commercial devel- 100 years after the original construc- communities’ unique heritages. opment projects were assisted with tion was completed. “I told my all my the 20 percent federal and 5 percent contractors, ‘This building has been Despite successful renovations of Wisconsin credits. Investment on those here for 100 years; it’s our job to make numerous historic buildings across projects totaled $621 million into sure it’s here for another 100.’” Wisconsin towns, villages and cities, Wisconsin’s economy and resulted many have fallen into various states of in 5,921 permanent jobs and 3,469 “It’s a wonderful building,” Keil said. underuse, disrepair or abandonment. construction jobs. “It’s on a prime corner in Down- Without restoration to reverse years of town La Crosse. I felt that if it was a neglect, these historic structures can To encourage more of this type of restored building, we could get tenants contribute to a sense of decay instead redevelopment, the Wisconsin credit, on the upper floors, and that’s what of the sense of vibrancy we all desire. which was 5 percent since it began happened.” in 1987, was increased to 20 percent Thoughtful municipal officials, skilled starting in January 2014 for certified Due to years of neglect, the building developers, dedicated owners and rehabilitations of qualifying historic required a costly $2.4 million restora- expert craftsmen often work together buildings. tion. It needed a new roof, rebuilding to give historic buildings productive of the original monumental stairway, second lives, jump-starting a commu- It’s Working floor-by-floor renovations, new elec- nity’s efforts at placemaking. trical, an elevator upgrade and new In La Crosse, historic preservation tax HVAC. credits helped make revitalization of Dawn McCarthy is president of Milwaukee Preservation Alliance (MPA), a non-profit organization devoted to pro- moting stewardship and awareness of the historic, cultural and economic value of Milwaukee’s built heritage. Jeff Bentoff, a consultant to MPA, is owner of Bentoff Communications, a public affairs firm. 86 the Municipality March 2015 Article Historic Preservation Tax Credits Contribute to Making Wisconsin Places Given these major improvements, Keil or comes close to the 20 per- said, the 20 percent federal historic cent to 25 percent in credits preservation tax credit, which provided available in Illinois, Indiana, $480,000 to the project, and the 5 per- Iowa, Kansas, Minnesota, cent Wisconsin credit, which brought Nebraska and Ohio. in another $120,000, were essential to making the development viable. The new policy worked, and within a few months, the “I would not have taken on the Doer- incentive had doubled the flinger Building without tax credits,” amount of proposed reha- Keil said. “I knew the restoration was bilitation activity in Wis- going to be expensive, but I was not consin over what had been sure if I would be able to lease the completed the previous year. Longfellow School interior, Madison, WI. upper floors at market rates. The tax In 2013, the state processed moratorium on the credits for a few credits made my worst-case scenario applications for approximately $45 weeks but then reestablished the palatable.” million in rehabilitation projects. In program after realizing how many jobs January 2014, the state saw applica- were created and how many revitaliza- The Doerflinger Building restoration tions for more than $90 million worth tion efforts were affected. was completed in 2010. Employment of projects. The owners say many of jumped from a handful of jobs in small these rehabilitation projects would not The first completed project to take ground-floor stores when Keil bought have been possible without the higher advantage of the 20 percent state credit the building to, with new tenants, level of state credit. was conversion of Madison’s Longfel- around 160 people, including 100 low School, built in phases from 1917 workers at Authenticom Inc., a data But the unexpected number of requests to 1938, into high-quality, market-rate services business, and 40 at Michaels received early last year after the credit apartments. The developer said the 20 Energy, an energy consulting firm. went into place was well above the $4 percent state credit was necessary to million a year originally estimated. making the major repairs needed to Keil is just one of many Wisconsin As a result, the Wisconsin Economic reuse the building, which ceased be- building owners and developers who Development Corporation placed a ing used as a school in the 1990s and relied on the federal had become largely vacant. The units and state historic pres- began renting in 2014. ervation tax credits to make their renovation “But for the State of Wisconsin’s projects a reality. increase in the state historic tax credit, our project to renovate and repurpose A major spike in his- the Longfellow School in Madison toric redevelopments would not have been possible,” said followed last year’s Joseph Alexander, president of The increase in Wiscon- Alexander Company, Inc., which de- sin’s historic preserva- veloped the school. “The project saved tion tax credit from 5 an important part of the community’s percent to 20 percent. fabric, provided for more than 200 The new level mirrors construction jobs, increased the tax the federal 20 percent tax credit and matches Historic Preservation Tax Credits Doerflinger exterior by Lewis Kuhlman, La Crosse, WI. continued on page 88 the Municipality March 2015 87 Article Historic Preservation Tax Credits “The tax credits are very important, As we go to Print: from page 87 and they’ve really taken on a mo- On February 3, 2015 Governor base and created more than 40 unique mentum now that the state offers 20 Walker introduced his 2015-2017 apartment homes, attracting new resi- percent,” Kabat said. “We were very state budget, which proposes major dents to downtown Madison. Support happy that the tax credit got expanded, changes to the Historic Preservation by Governor Scott Walker and large because that is going to drive more Tax Credit. The budget retains the 20% credit level put in place last year, bipartisan majorities in the legislature growth and economic development but limits annual awards to $10 mil- created this vital economic develop- here in our city.” lion. The Governor also recommends ment tool, and success has been im- Kabat said the Doerflinger Building’s that credits be awarded on a com- mediate – a great outcome for the state petitive basis with several criteria, and communities throughout.” restoration and reuse was a “huge positive” for downtown La Crosse, including job creation potential, to where historic preservation has been determine which applicants receive Such historic preservation and adap- the credit. These changes begin with a major ingredient in creating a sense tive reuse projects, made possible by the 2016 tax year. The Governor also of place. tax credits, are helping municipalities recommends repealing the related across Wisconsin create places. These credit for non-historic buildings built places bring pride to their communi- He said downtown La Crosse is prior to 1936. The Legislature will ties and attract new residents, busi- becoming more attractive as workers, spend the next several months prepar- nesses, employees and tourists. bars, music venues and arts establish- ing its version of the 2015-2017 state ments move in, and that “the founda- budget. The League will be lobbying In La Crosse, Mayor Tim Kabat values tion of that has been historic preserva- in support of retaining an effective the state’s historic tax credits, espe- tion. It’s really been the focus of why I historic tax credit. For updates, see cially the new 20 percent level, and think La Crosse has such a successful the League’s website http://www. how they help in development and downtown.” lwm-info.org/ Click on the Legisla- placemaking. tive Tab at the top. 88 the Municipality March 2015 Article The Arts and Creative Economy Success for Wisconsin, Its people and Its Communities Anne Katz, Dir., Arts Wisconsin As Director of Arts Wisconsin, • Arts and cultural experiences ac- count for a significant number of Wisconsin’s leading community- small businesses that help stimu- late the economy and create com- based creative economy’s or- munity assets that improve quality of life measures that businesses ganization, for almost twenty and their employees value, helping to incubate and grow additional years, I’ve traveled to every businesses, broadening the tax Fermentation Fest, 2014 Arts in Wis- base, and attracting residents and consin Award winner, Reedsburg, WI. corner of the state to assist orga- visitors. And here’s a snapshot of what’s hap- nizations, businesses, people and • Wisconsin’s nonprofit arts busi- pening creative economy-wise around nesses generate $535 million in the state: communities with asset-based economic activity, $65 million in local and state revenue, $479 Downtown development is all about community development. million in resident income, and arts development. Madison, La Crosse, employs nearly 50,000 full-time Fond du Lac, Sheboygan, St. Croix Wisconsin has always been a creative jobs among 12,000 businesses. Falls, Stevens Point, Menomonie, place, but as our state and country Janesville, Washburn, and Wausau are move from recession to a new economy • Dun & Bradstreet says that Wis- communities using arts centers and the creative economy has exploded. consin’s creative sector currently cultural districts to enliven downtowns. In our rapidly changing world, cre- encompasses over 10,500 busi- Eau Claire’s Confluence project will ativity, innovation, entrepreneurship, nesses and employs nearly 44,000 redevelop a blighted area in the heart of and a strong quality of life are key to people in full-time jobs - mostly downtown, with significant public-pri- a vibrant, innovative, and successful with small, entrepreneurial com- vate investment. In Beloit, the former Wisconsin: panies and with great potential for Beloit Corporation’s Ironworks Build- growth in sustainable, community- ing is home to creative entrepreneurs based jobs and businesses. and small manufacturing businesses; the Beloit International Film Festival is • In January 2015, the U.S. Bureau an economic development and tourism of Economic Analysis (BEA) and initiative; and the Rock River front the National Endowment for the showcases public art and community Arts (NEA) reported that 4.32 festivals. percent, or $698 billion, of current- dollar GDP in 2012 was attribut- Economic development is focusing on able to arts and culture. strategic planning, with efforts such as Stoughton Opera House, Stoughton, WI. Arts and Creative Economy continued on page 92 the Municipality March 2015 89 90 the Municipality March 2015 Article Arts and the Creative Economy ranging from the Milwaukee Art Mu- in La Crosse are centers for the arts from page 89 seum and its iconic Calatrava addition and community. Waunakee’s Creative Economy Initia- to the National Brewery Museum in tive, a multi-year effort to grow the Potosi. To really benefit from our creative local economy and Waunakee’s profile assets, Wisconsin needs a diverse port- as a creative, innovative place, and Historic theaters and arts centers such folio of public and private investment extensive creative placemaking efforts as the Stoughton Opera House, Three in the arts and creativity for economic in Milwaukee led by business develop- Lakes Center for the Arts, Solon vitality, educational advancement, ment organizations such as the Greater Springs’ Lucius Woods Performing civic engagement, and vibrant commu- Milwaukee Committee. Arts Center, Green Lake’s Thrasher nities. Learn more about the creative Opera House and the Town Square, Al. economy at work for Wisconsin at The cultural tourism sector is growing, Ringling Theatre in Baraboo, Mineral www.artswisconsin.org. with visitors flocking to Door County Point Opera House, Hayward’s Park to enjoy the arts and nature, to Big Theatre, Brookfield’s Sharon Lynne Top Chatauqua in Bayfield for summer Wilson Center, Menomonie’s Mabel entertainment, to many rural areas for Tainter Center for the Arts, and the Anne Katz is the Director of Arts studio art tours and programs such as Weber Center for the Performing Arts Wisconsin and may be reached at the Reedsburg Fermentation Fest and and Pump House Regional Arts Center 92 the Municipality March 2015 Legal Comment Basic Provisions for Public Art Contracts By: Claire Silverman, Legal Counsel, LWM lthough public art is defi- are interested in encouraging and find- The following list is not intended to be ing ways to support and fund public exclusive. Anitely not a new concept, art, the benefit of creating such a body is that it can help the municipality bet- Contracts governing public artwork the focus on the important role ter understand the communities’ goals typically contain the following provi- 1 and purposes in securing public art, sions: it can play in “placemaking” and develop policies and programs that may make acquiring and in- can help the community achieve those 1. Retention of artist/Scope of goals.3 work/Location. This section corporating public art in public describes the artwork and where In municipalities with local arts it will be located and whether places a topic of interest in mu- boards, the board typically has devel- permanent or temporary. oped standard contracts and enters into nicipalities that don’t have much the contract with the artist or donor. 2. Design process and approval for For those municipalities without a changes in design. This section experience in that regard. local arts board, this legal comment typically is included in contracts highlights some of the basic, important for commissioned artwork. It provisions that are typically included describes the design process and While Wisconsin’s largest municipali- in contracts for public art. For more requires that changes in design be ties have established local governmen- information on how these provisions approved by the parties. tal bodies tasked with developing and are specifically crafted, it’s helpful to administering a public arts program,2 look at sample documents.4 Arts Contracts most municipalities have not created continued on page 94 such a body. For municipalities that 1. Wikipedia defines “placemaking” as “a multi-faceted approach to the planning, design and management of public spaces [that] capitalizes on a local community’s assets, inspiration, and potential, with the intention of creating public spaces that promote people’s health, happiness, and well being.” 2. Examples of locally established bodies include The Milwaukee Arts Board, a board within the City of Milwaukee’s Department of City Development, which has a Public Art subcommittee, and The Madison Arts Commission which is a commission within the City of Madison’s Department of Planning and Community and Economic Develop- ment. Madison Ordinance sec. 33.35. 3. Such policies might, for example, establish criteria for reviewing and selecting artwork and locations for public art, establish a framework or mechanism for funding art acquisition and conservation and maintenance of existing art- work, and establish guidelines for accepting artwork on temporary loan or as a donation. 4. the Municipality March 2015 93 Legal Comment Arts Contracts independent contractor and is not from page 93 a municipal employee. 9. Responsibility for site prepara- 3. Timeline for development of art tion/installation of artwork. and installation. 7. Ownership of artwork. This These provisions specify who provision specifies who owns bears responsibility for preparing 4. Price and payment schedule. the artwork. Typically this is the the site for the artwork and who municipality, but may not always bears responsibility for installing 5. Warranty Against Defects; be the case, as, for example, in the the artwork. In the case of major Warranty of Title. This provi- case of a temporary loan. construction projects requiring sion typically warrants that the art services (e.g., architects, engi- will be free of defects for a certain 8. Copyright. This provision neers, landscape artists, excava- period of time and warrants that specifies who owns the copyright tors), the contract should specify the artwork is the artist’s original and who can authorize and own what each of the parties bears work and that the artist has the derivative works. Ownership is responsibility for. ability to convey the rights in it to different from copyright which is the municipality. typically retained by the artist. It’s 10. Responsibility for Insuring Art/ important that the contract specify Risk of Loss. Typically, this pro- 6. Artist as independent contrac- who owns the copyright and who vision makes the artist responsible tor. This provision establishes can reproduce the artwork, in for insuring or bearing the risk of that the artist is working as an what ways and under what condi- loss from design through installa- tions. tion and then, after the artwork is 94 the Municipality March 2015 Legal Comment accepted, places the responsibility 14. Maintenance and Conservation. the author. The document must on the owner or municipality. This provision details what kind specifically identify the work, and of maintenance is anticipated and uses of that work, to which the 11. Acknowledgement require- who is responsible for maintain- waiver applies. In the case of a ments. This provision often ing the artwork and repairing if joint work of art, prepared by two requires that the municipality damage should occur. or more authors, a waiver of rights have a plaque in proximity to by one author waives such rights the artwork identifying the artist 15. Deaccessioning, relocation, site for all authors. or that the artist, in showing the modification. This provision artwork in his or her portfolio or spells out what happens in the 17. Circumstances for termination. other display, acknowledge the event of deaccession (removal of municipality as the owner of the the artwork), relocation or site 18. Dispute resolution. artwork. modification. Conclusion 12. Liability and Insurance. These 16. Waiver of artist rights under provisions typically include Visual Artists Rights Act of 1990 Municipalities that are purchasing or indemnification and hold harmless (17 U.S.C. sec. 106A). Munici- borrowing artwork should ensure the requirements and establish who palities need to be aware of the contracts governing the transaction bears responsibility for insuring provisions of the Visual Artists contain these important basic provi- the artwork at particular times. Rights Act of 1990 (VARA). sions. To see how these provisions are Some municipalities require treated in different contracts, take a 13. Compliance with applicable visual artists to waive their rights look at the sample contracts referenced laws and regulations. This provi- under VARA as part of a public in footnote 4. sion requires that the artist and art contract. The rights conferred any contractors working with the by the Visual Artists Rights Act Contracts 399 artist maintain necessary insur- of 1990 cannot be transferred, but ance and follow all applicable they can be waived if the author federal, state and local laws. expressly agrees to such waiver in a written instrument signed by 5. The Visual Artists Rights Act of 1990 (17 U.S.C. sec. 106A) gives the author of any work of visual art the fol- lowing rights: • The right to claim authorship of that work; • the right to prevent the use of his or her name as the author of any work of visual art which he or she did not create; • the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation or other modification of the work which would be prejudicial to his or her honor or reputation; and • subject to 17 U.S.C. sec. 113(d) which applies when a work of visual art has been incorporated in or made part of a building in such a way that removing the work from the building will cause the destruction, mutilation or modifica- tion of work and the author knows, the right to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right. VARA provides that the modification of a work of visual art which results from the passage of time or the inherent nature of the materials is not a distortion, mutilation or modification. The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a distor- tion, mutilation or modification. the Municipality March 2015 95 96 the Municipality March 2015 Legal FAQs FrequentlyLegal Asked Questions May a municipality plow snow Does a municipality have no legal authority for the creation of a 1. from and spread salt on private 2. authority to temporarily close city-county metropolitan police agen- roads, driveways, and parking lots? a portion of a street for celebrations, cy. See 60 Op. Att’y Gen. 85 (1971). festivals or similar events? League counsel reached the same con- Yes, subject to several important clusion in 1999. See Powers of Mu- conditions. Yes. Section 349.185, Stats., provides nicipality 871. Since there have been that municipalities may by order, no changes to sec. 62.13 to expressly A fairly substantial body of law exists ordinance or resolution “regulate com- authorize counties and cities subject to addressing whether municipalities may munity events or celebrations, proces- sec. 62.13, Stats., to organize a joint plow snow from private property. Wis. sions or assemblages on the highways, city-county law enforcement agency, a Stat. sec. 86.105 expressly authorizes including reasonable regulations on city subject to sec. 62.13 is presumably municipal governing bodies to enter the use of radios or other electric precluded from operating a joint police into contracts to remove snow from sound amplification devices, subject department with a county. private roads and driveways. How- to s. 84.07(4).” The statute referred to ever, there is also an attorney general in the above quotation, sec. 84.07(4), On the other hand, a city may share opinion, 67 Op. Att’y Gen. 304 (1978), requires municipalities to make ar- some law enforcement functions and interpreting the extent of municipal rangements with the state Department expenses while still operating sepa- authority under 86.105, and a relevant of Transportation (DOT) for making rate departments. Under sec. 66.0301, Wisconsin Supreme Court decision in- a detour before obstructing any street Stats., cities may contract with coun- validating a previously existing closely over which a state trunk highway is ties for the receipt or furnishing of related statute, Heimerl v. Ozaukee marked. services or the joint exercise of any County, 256 Wis. 151, 40 N.W.2d 564 power or duty required or authorized (1949). Thus, a municipality may adopt an by law. This statute provides adequate ordinance authorizing the temporary authority for a city and county to enter A review of this body of law strongly obstruction of streets for the purpose into some type of cooperative arrange- supports the conclusion that a munici- of holding a festival, block party or ment short of combining the two sepa- pality may, pursuant to sec. 86.105 and similar community event as long as rate law enforcement departments into its statutory home rule powers, enter arrangements are made with DOT one agency. This conclusion was also into a contract for plowing and salting for making a detour whenever a state reached by the attorney general on two private roads, driveways and parking trunk highway is involved. Sample occasions. See 58 Op. Att’y Gen. 72 lots only if the following circumstanc- ordinances allowing the temporary (1969); 65 Op. Att’y Gen. 47 (1976). es and conditions are in place: such obstruction of streets may be obtained work is necessary to provide ingress by contacting the League office With regard to a joint police depart- and egress to the public highway from ment with another city, there is specific the private property; the contract sets May a city subject to Wis. Stat. statutory authority for such a venture forth a fee schedule for the work to be 3. sec. 62,13 operate a joint police in 62.13(2m)(a). Likewise, there is performed and requires prepayment department with a county? Another statutory authority for a city and vil- of the fee; and there are no private city? A village? lage to form a joint police department persons in the municipality willing and in sec. 61.65, Stats. Therefore, a city capable of performing such work. . In 1971, the attorney general was subject to sec. 62.13, Stats., may form asked this question by Eau Claire a joint police department with another County and concluded that there was city or a village. the Municipality March 2015 97 Program 2015 Wisconsin Building Inspectors Institute April 22 - 24, 2015 The Osthoff Resort, Elkhart Lake, Wisconsin The 2015 Wisconsin Building Inspectors Institute will be held at the Oshoff Resort, Elkhart Lake, WI. Make reserva- tions with the Osthoff Resort: phone (800) 876-3399, web Registration materials were mailed in February; forms are available by calling the League offices at (800) 991-5502, or reg- ister on-line at Wednesday, April 22 1:30 Concurrent Sessions 8:00 Registration 1) Tour: C.E. Doyle Construction-Cheese Factory Addition 9:30 general Session Tilt-up Wall Panel Construction & Plymouth Foam- Jim Micech, Village Building Inspector, Jackson, Insulated Wall Panels Manufacturing Facility. President, Wisconsin Building Inspectors Association, presiding 2) Building Science-Problems/Issues Randy Fenske, Wausau Supply Introduction & Invocation This session covers various areas from roofing to siding to flashing issues that continue to occur in the industry. Welcome Address Alan Rudnick, President, Elkhart Lake 3:00 Break 9:45 Legislative Update 3:15 Concurrent Sessions Jerry Deschane, Executive Director, League of Wisconsin Municipalities 3) Tour: C.E. Doyle Construction-Cheese Factory Addition: Tilt-up Wall Panel 10:15 Dept. of Safety & Professional Services Update (Continued) Dave Ross, Secretary of DSPS; Robin Zentner, DSPS 4) Deck Fasteners, Problems & Solutions Rick Bouchonville, Simpson Strong Tie 11:00 Keynote Session: Dealing with Difficult People Discussion on proper deck fasteners and options to resolve Trooper Glen Jones, WI State Patrol standard installation mistakes. There are difficult people, but as public officials, there is always a real possibility that an angry person could come 5:00 Products/Services Display and Reception into the office. In that case, we teach AVOID, DENY and DEFEND. Thursday, April 23 12:00 Lunch (on your own) 8:30 Concurrent Sessions 1:15 load Bus for Tour 5) 2009 IBC Solving Means of Egress – Part I (This session is an all day class.) Roger Axel, ICC This seminar provides participants with the requirements for means of egress. Plans for a 4-story commercial 98 the Municipality March 2015 Program building are provided to allow participants the opportunity 12) Residential Mechanical Ventilation to practice problem solving related to each egress issue. Joe Nagan, Home Building Technology Services Systems are marketed and sold on the basis of ‘rated’ 6) Non-Structural Masonry Inspection capacity but what actually happens after they’re installed? Pat Conway, International Masonry Institute What does the UDC currently require and what system types This seminar follows an IMI checklist for non-structural seem to work the best? This session will highlight 30 years masonry code and industry standards compliance, including: of research and testing of systems here in Wisconsin. water-resistive barriers, air space, flashing, weep vents, mortar joints, veneer connectors, and movement joints, etc. 13) Fire Stopping Part III Workmanship issues will also be addressed. Additionally, Tom Dake, II, Superior Insulation you will learn the intended function of different masonry wall types and how they manage water, air, vapor and 2:30 Break energy. There will be an abundance of job site photography showing lessons-learned from the field. 2:45 Concurrent Sessions 7) Fire Stopping Part I 14) 2009 IBC Solving Means of Egress Part IV Tom Dake, II, Superior Insulation Roger Axel This course is designed to promote fire stop awareness by providing a brief introduction to fire stopping, its purpose in 15) HVAC Deficiencies-Radiant Floor Heating Issues saving lives, technologies on the market, and current market Joe Nagan, Home Building Technology Services trends. The second half discusses inspection red flags, what Radiant floor heating systems are often marketed as being to look for during an inspection, and avenues for assistance more energy “efficient,” is this really accurate? What to ensure code compliance. constitutes a good system especially in slabs and basement floors? How do you properly install radiant floor heating in 10:00 Break a garage slab? We’ll take a close look at all these in addition to the UDC requirements. 10:15 Concurrent Sessions 16) Updates to Wall Bracing 8) 2009 IBC Solving Means of Egress Part II Duane Hubeler, DSPS Roger Axel, ICC This class will deal with the wall bracing rules that have been in effect since September of 2014. This class will deal 9) the Good, the Bad and the Ugly of Home with the finer points, such as adjustment factors, angled Construction walls and garage-dwelling separation walls. LeRoy Stublaski, Architecture Plus, LLC. This is a class that looks at real photos of homes that have 6:00 Reception and Banquet (included) created problems for builders and building inspectors alike. It deals with everything from how to effectively work Friday, April 24 with inspectors to the obligations of the builder to call for inspections and what he is paying permit fees for. It focuses 9:00 general Session on everyday mistakes that cause code violations and how to prevent these not only from happening but what to do when Fire Impact on Modern Construction mistakes happen. The class will focus on how and why the Robert Goplin, Battalion Chief for the Green Bay UDC Code requires certain standards based on the minimum Metro Fire Department based building techniques of everyday construction. Have you ever wondered if fire reacts differently to engineered products vs. conventional framing? This class 10) Fire Stopping Part II will go over a case study and the impact of fires on modern Tom Dake, Superior Insulation building construction. 12:00 Lunch (included) 11:00 Business Meeting 11:30 Adjournment 1:00 Concurrent Sessions 11) 2009 IBC Solving Means of Egress Part III Roger Axel, ICC the Municipality March 2015 99 League Programs New Municipal Officials 2015 Workshops Announced he League of Wisconsin Municipal- Workshop Locations Agenda Tities is holding a one-day workshop for new city and village officials. May 8, 2015 Welcome Madison - Radisson, Organization & Powers of Cities and This Workshop provides a basic course Villages on local government for officials who May 15, 2015 Recognizing and Avoiding Conflicts of assume office this spring. Other city Wausau - Jefferson St. Inn Interest and village officials who wish to brush Budgeting & Financial Oversight up on their knowledge of local govern- May 29, 2015 ment or missed the previous annual Oconomowoc, Olympia Resort Lunch (included) workshops may also find the meetings beneficial. June 5, 2015 Procedures for Local Government Green Bay, Tundra Lodge Meetings Registration information will be Managing Public Works Activities mailed to clerks in March and avail- able at 100 the Municipality March 2015 Municipal History Provisions in the Kitchen Before Pianos in the Parlor Ginger Contreras, LWM Admin. Asst. lacemaking is on our minds to- hold applies also to munici- community. The entire com- day, but it was also an important palities. There must be the munity must be enabled to find Ptopic 100 years agoas evidenced provisions and food in the a living in order that the higher by this paragraph found in an article kitchen before there can be a and nobler ends of life may be in the March 1915 Municipality. Our piano in the front parlor. There subserved. forebears were concerned about the must be in the community the amenities that made their communities provisions for a livelihood. … To make a successful community, the more than just a place to sleep. They There must be train loads of Municipality urged officials to respect, also understood, however, that basic cars, ships in the harbors be- network, and co-operate with local economic success is a foundation of fore you can talk about zoo- factories, commercial clubs, civic placemaking. logical gardens or theatres organizations, voter’s leagues and city or other pleasures of life. In clubs. They emboldened officials to What applies in the manage- other words what applies to awaken civic interest. ment of the home and house- the household applies to the Answers At Your Fingertips! lwm-info.org Anywhere, Anytime the Municipality March 2015 101 Websiting Websiting – Placemaking Resources hile Placemaking may Arts Wisconsin – Creative Economy Project for Public Spaces – “(PPS) Resource Center – Wisconsin based is the central hub of the global Place- Wseem like the latest and National resources. (Article pg. making movement, connecting people 93 of this Municipality) Professional Services 102 the Municipality March 2015 Websiting Federal Reserve Bank of San foundations, banks and federal agencies novation for the benefit of individuals Francisco – “This journal looks at committed to creative placemaking— and communities. Professional Services the Municipality March 2015 103 2015 League of Wisconsin Municipalities Calendar April 22-24 September 16-18 Building Inspectors Plumbing Inspectors Osthoff Resort, Elkhart Lake Tundra Lodge, Green Bay (800) 976-3399 (877) 886-3725 June 17-19 September 29 - October 2 Attorneys Institute Assessors Institute Lake Lawn Resort, Delavan Osthoff Resort, Elkhart Lake (800) 338-5253 ( 800) 876-3399 June 24-26 October 28-30 Clerks, Treasurers, Finance Officers Institute 117th Annual Conference Best Western Premier Waterfront, Oshkosh w/Engineering & PW Track (855) 230-1900 Hyatt Regency, Milwaukee (866) 460-7456 August 19-21 Chief Executives Workshop TBD Osthoff Resort, Elkhart Lake Police & Fire Commission Workshop (800) 976-3399 Professional Services 104 the Municipality March 2015 Legal Captions The following are legal captions. All Contracts 399 More captions and legal articles may legal articles are published in full on Legal comment summarizes basic pro- be found on the League’s web page the League’s webpage at Place Your Ad Here visit www.lwm-info.org or call (608) 267-2383 the Municipality March 2015 105 Local Officials in the News Welcome — Retirement — The League welcomes the following as they begin their The League thanks the following for their service to new municipal responsibilities. Wisconsin’s municipalities. Assistant Attorneys: Appleton, Emily Truman; Green Bay Chilton. Mike Gudex, Water/Wastewater Operator, retired Joanne Zlotek after 18 years of service. Deputy City Manager: Janesville, Ryan P. McCue Chilton. Larry Seipel, Police Chief, retired after 27 years of dedicated service. Deputy Treasurer: Baldwin, Steve Perry Economic Devel. Dir.: Green Bay, Kevin Vonck Chilton. Mike Kasper, Street Department Leadman, retired after 33 years of service. Fire Chief: Plover, Mark Deaver Plover. Tim Kluck, Fire Chief retired in December after Police Chief, Plover Daniel Ault more than 10 years of service with the Village of Plover Public Works Dir.: Sheboygan Falls, Jerry Benzschawel Plover. Dwayne Wierzba, Police Chief retired in Janu- ary after more than 29 years of service with the Village of Trustee: Newburg, Mike Heili Plover Viroqua. Steve Clark, Public Works Director for the City of Viroqua retired January 5, 2015 after 29 years of service Additions and Changes — Submit additions and changes to: Mary Malone, Technology Coordinator, League of Wisconsin Municipalities email 106 the Municipality March 2015 Infographic What Makes a Great Place? Printed with permission from Project for Public Spaces( PPS). PPS is a nonprofit planning, design and educational orga- nization dedicated to helping people create and sustain public spaces that build stronger communities. See their website at the Municipality March 2015 107 Business Partners American Transmission Co Boardman & Clark LLP MSA Professional Services Inc. Whyte Hirschboeck Dudek SC WEA Trust For more information, contact Jean Staral (608) 267-2383 or visit lwm-info.org