The Rock pays its near $1 million shortfall after Franklin council votes to bring lawsuit

The day after the City of Franklin voted to bring legal action against the company that operates The Rock Sports Complex and Ballpark Commons for failing to pay close to $1 million, ROC Ventures has paid up.

“We wanted to demonstrate our unwavering commitment to our obligation with the city,” ROC Ventures owner and CEO Mike Zimmerman told the Journal Sentinel.

Zimmerman made it clear he still disputes his assessment and the shortfall bill and said he was going to continue investigating the issue and, if the evidence supports it, try to get some of his money back.

Franklin Mayor John Nelson confirmed the payment Wednesday evening.

“He paid in full by 3 o’clock today,” Nelson said of Zimmerman. “He is completely square with the City of Franklin.”

So, what happens to the lawsuit?

Nelson said it won’t be filed and no further action is needed by the council, per the city attorney, because the vote to proceed with legal action was contingent upon nonpayment by ROC Ventures.

“He owes us nothing,” Nelson said. “It would have been a frivolous filing.”

Zimmerman reiterated to the Journal Sentinel that his biggest issue during the dispute with the city was asking officials to “show me the math” in terms of his assessment and the shortfall bill. However, he said the issue ballooned up through some “sensational journalism getting all the residents worked up over nothing.”

Zimmerman said part of his decision to pay was because he didn’t want residents to feel as if they’re being put into the middle of his dispute with the city.

“I truly empathize with them,” Zimmerman said of the residents concerned they were getting pulled into the situation with rumored tax increases.

The vote to bring a lawsuit

Following a lengthy closed session Tuesday night, the council reconvened just before 11 p.m. and voted unanimously to direct legal counsel to file a summons and complaint in court on Wednesday, May 8.

The bill, which was just shy of $935,000, was on the debt service for TID 5, which Franklin says was due in January. While speaking with Steve Scaffidi on 620WTMJ early Tuesday, Zimmerman called the bill “wildly different than the assessed value that we all signed up for years ago.”

In a tax incremental financing district, funds are reallocated from property taxes to encourage investment within the district. Oftentimes developments in TIF/TID districts are required to meet certain assessed values by a set date. If those values aren't met, it's up to the owner or developer to pay.

Other council action related to The Rock and Ballpark Commons

At the same meeting, Franklin's council also voted to set a maximum sound level for Milwaukee Milkmen games to 55 decibels due to resident noise complaints.

Additional votes were cast on license requests from ROC Ventures, including the denial of firework use after baseball games, approval of the Tacos and Tequila event, and tabling the approval for the summer concert series at The Rock Sports Complex, 7900 W. Crystal Ridge Drive, until a sound system is installed and tested at The Umbrella Bar.

More: Supervisors call for legal action to address Rock Sports Complex noise complaints

More: Living under The Rock: Franklin attempts to address noise concerns with new agreement

Contact Erik S. Hanley at erik.hanley@jrn.com. Like his Facebook page, The Redheadliner, and follow him on X @Redheadliner.

This article originally appeared on Milwaukee Journal Sentinel: The Rock pays its $1 million shortfall after Franklin voted to sue

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