Sprawled Out: The Search for Community in the American Suburb

Making way for the new fire station

A Franklin Fire Department ladder truck pitches in to help clear a tree at the site of the new station #3 on Drexel.

The gloves come off at Fountains of Franklin: Part 2 of what looks to be an ongoing reality series

Last week it was a very frank letter from Equitable Development to residents of the subdivision behind Fountains of Franklin. This week it's an equally frank letter from Lyle Sohns, alderman for the district, to Mayor Tom Taylor.

The issues: Why has the Fountains of Franklin-bisecting Fox property (a house with connected storage business) been able to avoid addressing numerous clear-cut zoning violations for so long? (See Franklin Today for vintage documents.) Is the city employing due process in this case, or, as Sohns clearly alleges below, has the mayor "suppressed" the complaint?

The intrigue: Competing developer Mark Carstensen's vehicle has been seen numerous times parked on the Fox property while the complaint has been left unenforced.

The pitch: I propose a reality series for Bravo entitled "Developer Wars: Franklin."

The text of Alderman Sohn's letter is below, with my added link to the blog he references and boldface.

Mayor Thomas Taylor
City of Franklin
9229 W. Loomis Road
Franklin, WI 53132


Mayor Taylor:

On February 27, May 13, June 3 and June 9, 2008, Planning Manager Joel Dietl issued letters to Mr. and Mrs. Leonard Fox concerning zoning violations at 5510 West Rawson Avenue.

On July 7, 2008 a Notice of Circumstances and Notice of Claim was filed with the Clerk's Office by the Fountains of Franklin, LLC requesting timely enforcement of the zoning violations and claiming damages of $4 million.

On July 12,2008 Greg Kowalski posted an Internet blog article alleging that Franklin was not acting in a timely manner in enforcing said zoning violations. As a result, I've received numerous calls and e-mails from constituents concerned about the apparent lack of due process.

An Affidavit of Service was served to Leonard Fox on 7/29/2008, 153 days after the first letter from Mr. Dietl dated February 27, 2008.

An Open Records request on July 22 to the City Clerk and the City Attorney for a copy of the original complaint has gone unanswered. No response has been received to date to a July 29 call for a copy of the Summons and Complaint.

At my request, a copy of the original complaint was provided by the complainant - dated June 7, 2007. According to the clerk's office, no such complaint was officially recorded, nor was the complaint distributed as is common practice.

The Policy of the City of Franklin is to enforce Ordinance violations upon complaint. Further, under Franklin Code of Ordinances, § 55-2 City administrative organization:

A. Mayor. Pursuant to § 62.09(8)(a), Wis. Stats., the Mayor shall be the chief executive officer of the City, shall take care that City ordinances and state laws are observed and enforced and that all City officers and employees discharge their duties.

The responsibility for timely enforcement of a complaint lies squarely on the shoulders of the Mayor and departments who are under his direct control. It seems clear from the available documentation and from reports from the parties involved that the Complaint was suppressed by your hand or at your direction.

You have the following responsibilities to the Common Council and the residents of the City of Franklin:

1. An immediate written report to the Common Council substantiating your handling of the Complaint in question.

2. Prompt action to amend the Summons and Complaint to address all of the issues raised by the complainant, to be re-served on the property owner.

To the extent the City of Franklin is at risk relative to the Notice of Circumstances and Notice of Claim filed on July 7, 2008, the responsibility is entirely yours.

Prompt action with respect to this matter is required - time is of the essence.

Sincerely,

Lyle Sohns
5th District Alderman

Cc: Alderman
City Clerk
City Attorney

Download 20080812_sohnstaylor.pdf

Download fox_citation_document.pdf

CBS News: "We've put so much of our national wealth and even identity into the idea of suburbia that we can't imagine having to let go of it or substantially change it."

This drumbeat will not let up; another mainstream outlet reporting the potential end of suburbia as we know it. This time it's The CBS Evening News:

Modern street "design": Trapping the elderly, pre-teens and differently-abled in their homes

If we keep building illogical roads and creating "single purpose pods" the way we currently so here in Franklin, pray each night that you never get too old and/or infirm to drive a vehicle.

Sidewalks are a luxury?

Curved roads built for unimpeded speed in residential neighborhoods? 

Complaints that demonstrably speed-reducing, safety-increasing roundabouts are "confusing" (i.e. "impede my speed")?

Lack of pedestrian connectivity between something so basic as a high school and the neighborhoods it serves?

Wonderful recreational trails - - that lead nowhere and require a parking lot?

A well-used library with nothing commercially useful within walking distance?

Over-burdened arterial streets that create a near-insurmountable barrier to even the most hardy of walkers and bicyclists - -  not to mention children and adolescents who desire a bit of non-vehicular freedom - - that the city seeks to widen further?

A "city civic center district" that allowed a strip mall and enormous parking lot to virtually eliminate non-vehicular access and any sense of useful civic public space?

I don't see people - or businesses - tripping over themselves to move to a community that is so short-sighted. It's time for a change.

Modern American street systems create insurmountable problems for some of the nation's elderly. Daniel M. Cary tells of an episode that took place in Stuart, Florida. His wife was standing in line at a supermarket checkout when she noticed that the elderly woman in front of her seemed upset. The elderly woman fumbled with her purse and dropped her keys. When Mrs. Cary offered to help, it was as if an emotional dam broke loose. The elderly woman let out that she was nervous because tomorrow she had to take a test to have her driver's license renewed. "If I fail, I don't know what I'm going to do," the woman said. "I won't even be able to drive to the grocery store. My husband died several years ago. I've been living in the same house for twenty years. I don't want to move." The woman's independence and ability to remain in familiar surroundings were in jeopardy.

- A Better Place to Live: Reshaping the American Suburb, by Philip Langdon

Parade of Homes: We are in the dark ages of home construction

This is the actual photo accompanying a story in the Milwaukee Journal Sentinel about this year's Parade of Homes, with accompanying headline: "Parade homes are a bit more down-to-earth this year."

What an abomination - - the vehicles are well pampered, however. And the house forms its own skyline; a mini village of pointless roofline peaks.

Ah, the Parade of Homes - - only in America do we pay for tickets to learn what we're supposed to want ("Honey - heated towel racks!").

See also The Jeep Cherokee Residence.

Suggested reading: House Lust: America's Obsession With Our Homes, by Daniel McGinn

The gloves come off at Fountains of Franklin

There was a meeting this past Thursday evening between the developers of Sendik's West (what we're now calling the Greg Devorkian-developed portion of Fountains of Franklin, I guess) and residents of the subdivision to the immediate North (see Metro Milwaukee Today's post by Greg Kowalski).

A digression: As I've mentioned before, note how this commercial development continues to concentrate solely on Rawson Avenue traffic without even the tiniest nod toward serving the nearby neighborhood in any way, shape or form; it is a site plan that effectively creates maximum sound and visual annoyance for nearby residents without the reward of providing useful and interesting civic space - - it's no wonder they aren't excited about their potential new neighbors. But I digress.

A concern raised again and again regarding Devorkian's portion of the development is that, now that Sendik's is in place, the original promise of "high-end development" has been replaced with Devorkian's evident desire to get some quick payback on his investment with whatever tenants he can get signed in the near term - - a Dairy Queen, for instance, and/or a standard-issue CVS pharmacy. What he has brought forth in terms of building proposals and potential tenants since those heady days of "this will be a high-end development" have been dismal.

Devorkian's ostensible "partner" in the Fountains of Franklin project is Dave Hintzman's Equitable Development, which, according to Hintzman,  still clings to the idea that upscale tenants are worth courting and waiting for. He has long been frustrated by a series of situations that he could or would mention previously only in an off-the-record context. Yesterday, as a follow-up to the meeting with residents, he sent the following email to everyone who had attended. Attached was a pdf of a complaint dated 7/29/08 and filed by the City of Franklin (specifically, planning manager Joel Dietl) against the owners of a storage company that bisects the Fountains of Franklin site. The owners of the storage company, who also have a residence on the property, have been reluctant to sell in spite of the fact that they have been for years in clear violation of specific zoning rules. And they have recently been entertaining multiple visits from rival developer Mark Carstensen.

Here is the email. We'll discuss it further in coming days.

Thank you for your feedback.  Its nice to see the community expressing their desires with the commercial development on Rawson Avenue.  Your community has a unique opportunity now that should not be squandered.
 
Unfortunately, there are many details that the public is unaware of.  Due to your and your neighbor's concerns the following is background and current information you may find beneficial.
 
The original Fountains of Franklin project had received thirteen Letters of Intent (Pre-Contract) from local businesses such as an OB/GYN, local cafe, florist, dentistry, optical, gift shop, malt shop, Aveda day spa, and an Asian fusion restaurant among others.  However, we were marketing upscale national tenants at the same time.  In the recent past, many high end retailers have expressed interest in locating here.  Most of them are current tenants at the Bayshore Town Center.  For example, last Fall, a senior executive from Coldwater Creek spend six hours with us.  At that time, the Mayor also attended the meeting.  Coldwater Creek explained that their market research proved that their customers are already in our market area. In addition, a major high end department store (not currently in WI) has also expressed interest. Based on the quantity of national retailer interest, we felt that this project should be looked at more globally.
 
However, at that time, we were becoming very frustrated as the city Staff placed an unwarranted and inaccurate $110,000 assessment on our property.  Additionally, the city Staff provided a strong recommendation to deny a required Certified Survey Map (property lines) for a major upscale tenant on our property.  During this period, our neighbor (storage company) asked me that if I came across a well qualified buyer to send them his way.  Shortly after, one of the national retailers interested in our site introduced us to a major national developer.  Coincidently, this developer has a client list similar to Bayshore.  Persuant to my neighbor's request, I forwarded their contact information to them.  Our neighbor requested to meet with the national developer about a month ago.
 
Since then, it was noticed that Mark Carstensen's vehicle has been parked outside the office of the storage company on three separate occasions (7/24, 7/30 & 8/6).  Now, at this Monday's Special Common Council meeting, our neighbor stated his reluctance on selling his property.  We found it very interesting that Judge Fred Klimetz (former Mayor) spoke strongly towards the same position my neighbor (Fox) holds.
 
It has come to our attention that the outdoor parking facilities next door never received the required Special Use Approvals to operate legally.  While the city Staff are aware of this, to date they have chosen not to enforce this part of their ordinance.  Instead, just recently, they chose to begin enforcing a variety of zoning violations only.  The Staff has recently confirmed that the property owner running the concrete shop and outdoor storage facility has been unlawfully existing for some time.  Our current zoning of OL-2 does not allow for a concrete company, outdoor storage or mini-warehouse operations. Due to their unlawful status, they cannot be "grandfathered."  To be quite frank, why would high end retailers come to a community who doesn't enforce all of their ordinances?
 
We have also been made aware that there may be a public perception that someone is kicking our neighbor out of his home.  That is not true.  After reviewing the attached citation that was recently filed in the Franklin Municipal Court, it appears that the residential portion of the property is not in question.  It will be heard in front of Judge Fred Klimetz (former Mayor).
 
I hope you will find this information helpful.
 
Equitable Development

 

27th Street committee chairman and Economic Development commissioner resigns; suddenly realizes his wife is a local real estate agent

27th Street committee chairman Ted Grintjes - he of the Boomgaard debacle - has resigned from positions on the Franklin Economic Development Commission and the Franklin Community Development Authority as well.

Why? "Because his wife, who is a real-estate agent, was approached recently by Franklin property owners with an interest in selling their property along South 27th Street."

It should be noted that his wife has had Franklin listings in the past which have evidently not prompted such concerns of conflict of interest.

The Franklin Economic Development Commission and the Franklin Community Development Authority (and the 27th Street Committee) occasionally have closed door meetings that you and I are not privy to. Oh to be a real estate agent with knowledge of the strategies and plans of these unelected bodies. It would be a great help in securing and selling, for example, a $5,500,000 "large executive home with many amenities includes 4 bedrooms, 3 fireplaces, a den/office, tennis courts and an indoor pool. The view overlooks the sparkling pool area."

Grintjes was also involved with the Franklin Citizens for Responsible Government, which is not a jewel on anyone's resume, to be sure. He was their spokesman in 2003 and is cited in a Milwaukee Journal-Sentinel story thusly:

Though [the DA's civil charges] name only [Orville] Seymer and the citizen group as defendants, the complaint sheds light on how the organization's activities were financed, at least in part, by loans and contributions from local business interests, including Ted Grintjes and James Rhiner, longtime members of the city's Economic Development Commission and Community Development Authority.

Does that sound like the way things ought to be?

Time for new blood.

From FranklinNOW:

27th Street committee chairman resigns

Ted Grintjes resigned July 30 as chairman of the Franklin-Oak Creek Joint South 27th Street Steering Committee, as well as from the Franklin Economic Development Commission and the Franklin Community Development Authority.

Grintjes said he resigned because his wife, who is a real-estate agent, was approached recently by Franklin property owners with an interest in selling their property along South 27th Street.

He said he could have abstained on participation in matters relating to his wife's real-estate connections on 27th Street but he decided resignation would remove any possibility of a conflict of interest.

Grintjes had been chairman of the steering committee for about five years. He was a member of the EDC and a vice chairman of the CDA. All three positions he resigned from are voluntary.

Surprise: Wal-Mart attempts to rally its employees against Democratic victory

From that liberal rag, The Wall Street Journal:

Wal-Mart Warns of Democratic Win

By ANN ZIMMERMAN and KRIS MAHER

August 1, 2008; Page A1

Wal-Mart Stores Inc. is mobilizing its store managers and department supervisors around the country to warn that if Democrats win power in November, they'll likely change federal law to make it easier for workers to unionize companies -- including Wal-Mart.

In recent weeks, thousands of Wal-Mart store managers and department heads have been summoned to mandatory meetings at which the retailer stresses the downside for workers if stores were to be unionized.

According to about a dozen Wal-Mart employees who attended such meetings in seven states, Wal-Mart executives claim that employees at unionized stores would have to pay hefty union dues while getting nothing in return, and may have to go on strike without compensation. Also, unionization could mean fewer jobs as labor costs rise.

Not to mention three fewer vacation homes for the CEO. God forbid workers make a living wage. I'd love to see the PowerPoint presentation that goes with this little campaign.

Read the rest here.

Traveling Wall in Wausau, Wisconsin

Traveling Wall in Wausau, Wisconsin, originally uploaded by John Michlig.

A highlight of my recent visit to Wausau, Wisconsin last weekend (for a class reunion) was a chance for my family to see the Traveling Wall veteran's memorial.

It's a powerful experience, to say the least, greatly heightened by sharing it with so many people of all ages. A look at the many tributes and trinkets left at the foot of this memorial drives home the loss and sacrifice commemorated here, as well as the fresh losses and sacrifices still being experienced day after day in a war designed by men who secured multiple deferments or cushy National Guard posts when it was their time to serve.

"I had other priorities in the '60s than military service." -- Dick Cheney in The Washington Post, April 5, 1989.

You CAN'T walk to school: Another example of poorly engineered streets in suburbs costing you money

ABOVE: Perhaps this familiar "road ends here; we screwed up" sign should be incorporated into Franklin's city coat of arms.

A recent story in the Washington Post describes a school district's attempt to contend with sky-high transportation costs by encouraging more students to walk to school, thereby lowering the amount of buses on the road burning expensive gas.

Here's the sad fact: Most post-World War II suburbs - - Franklin is certainly one of them - - have poorly engineered streets that are more akin to plumbing systems than useful transportation grids.

This is the curvilinear suburb, the familiar collection of curving, irregular streets inspired by, of all things, rural cemeteries designed in the first half of the 19th century. Rather than a regular, predictable, useful grid of streets that disperses traffic and provides multiple routes from "A" to "B," we live in "communities" designed by engineers to focus traffic on a few over-used arterial and collector roads. This leads to a common suburban phenomena: You can see it, but you can't get to it.

One had only to live through the recent flooding here in Franklin to realize that it takes very, very little to completely cut off access to whole neighborhoods because we lack a useful street grid. In the picture above, you can see that flooding on any of the red or blue roads - - collector roads - - pretty much seals the deal.

So, imagine trying to get kids who live close to school to forgo the bus and walk. You could take a compass and inscribe a circle that radiates a half-mile from the school in question, and decide that every student in that circle should walk or bike to school.

But you can't do that in Franklin; or, indeed, in many sprawling suburbs. As described here multiple times, there are kids attending Pleasant View Elementary School, for example, who get on a bus mere yards from the school's front door due to the sad fact that, even if there is a street route to school, it is so horribly unsafe that it's better for them to climb on a bus for a 12 second ride than brave the road.

 

ABOVE: If you're a kid that would like to walk or ride a bike to school, that little red strip is a virtual gauntlet. 

That's not to mention the many homes from which you can hear or even see the school your children attend, yet you cannot get there on foot without taking some circuitous route that invariably forces you to cross or use a busy collector road where traffic averages 45- and 50-miles per hour - with no sidewalk and a shoulder regularly used by vehicles for blind, full-speed passing of turning cars.

 

ABOVE: Playing "chicken" on Drexel in the bike/pedestrian lane on a blind rise.

Has Franklin learned its lesson? No. A July 15th city memorandum describes a five year road improvement plan that concentrates on merely widening arterial and collector roads.

And we'll keep paying for buses that transport kids 275 yards down the road.

More Kids Might Walk To School - washingtonpost.com: