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Germantown debates sidewalks on Kleinmann Drive

Board waives requirement to install sidewalks adjacent to development

March 19, 2013

Germantown - The Village Board on Monday waived the requirement for sidewalks to be installed in front of the Kleinmann Center office building in the Lannon Road Business Park, prompting a discussion of who really is required to install sidewalks along that portion of roadway.

There are five developments in the business park on Kleinmann Drive - none with sidewalks - though that is a requirement of the original development agreement. Paul Stangl, agent for the property owner, SCS LLC, and developer of the office building under construction at W189 N11100 Kleinmann Drive, requested a waiver for the installation of sidewalks, as none have been constructed by the other developed properties.

Bankruptcy leads to confusion

Lannon Road Business Park was originally developed by the Carlson Investment Group, which has since gone bankrupt. The original agreement between CIG and the village requires the developer to install sidewalks. This has led to confusion as to who is now responsible, and when, to construct sidewalks on Kleinmann Drive.

"In the original agreement each property owner would be required to put in sidewalks in front of their property and we have five different developments in there and there are no sidewalks to this day," Village Trustee Al Vanderheiden said. "We could have a disjointed sidewalk, a lot of maintenance and not a lot of use. At some point, we need to make a decision of whether we will hold developers to put in sidewalks or not."

Village President Dean Wolter said the developer is not saying he will never put in sidewalks; rather, he is asking for a waiver until every development has to install them for consistency's sake.

Sidewalks along Maple Road by the development are required and will be constructed.

"I think he would prefer not to at this time so he's not the only one who has one," Wolter said. "His request is 'don't treat me different from anyone else.'"

A sidewalk to nowhere

Though the board unanimously voted to waive the requirement, the question remains if and when the village will ever require sidewalks on Kleinmann Drive.

"That has been a discussion at staff level … if we keep putting off this requirement, when is it going to get done or does the village come in and say 'hey, put sidewalks in?'" Village Attorney Brian Sajdak said.

When the development agreement was originally brought forward, there were plans for a hotel to be constructed toward the expressway, as well as fast food restaurants. A sidewalk was meant to accommodate hotel guests should they want to walk to the restaurants. The way the area stands today, Wolter said he does not see a need for a sidewalk since few people would use it and the village would be responsible for maintaining and plowing it.

"The Maple Road side makes sense to me, but Kleinmann Drive becomes a sidewalk to nowhere unless some other development comes in," he said. "That isn't warranted."

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