Council Stands Firm, Delays Rock Festivals as Leadership Split Emerges
By Dr. Richard A. Busalacchi
Franklin Community News
While sound levels and a pending third-party acoustics study were discussed extensively, the most significant policy dispute centered on whether compliance with decibel limits is sufficient when explicit lyrics can still be heard inside nearby homes.
Residents Urge Council to Halt Permits
Several residents addressed the council, many urging officials not to approve the permits until meaningful mitigation is implemented.
Andrew Pelkey asked the council to “do something different this year” and cease issuing permits until the Rock can demonstrate it can operate in what he called a “neighborhood-friendly fashion.” He suggested reconfiguring the sound system to use more distributed speakers at lower volume rather than fewer speakers at higher output.
Linda Mathwig questioned whether ROC Ventures had submitted a detailed sound control plan as required under Resolution 2024-8109. She argued that approving the permits without a clear mitigation strategy would continue what she described as a “broken process.”
Danella McAdams pressed city officials on the status of the JPM Acoustics study and what mitigation measures have been implemented for the upcoming season. City officials confirmed the report has not yet been received and that no new mitigation strategies have been implemented pending its completion.
Dana Gindt disputed statements that only eight complaints were filed during last year’s Tacos & Tequila event, saying she was appointed as a neighborhood liaison and received numerous calls, texts, and emails from residents regarding profanity and sound carry into homes.
Milwaukee County Supervisor Patti Logsdon, speaking as an elected official and resident, urged compromise and expressed concern about profanity being audible to children in surrounding neighborhoods. She referenced a prior county-funded sound study and said residents should not have to revisit the same concerns year after year.
Exchange Between Mayor and Greendale Resident Reflects Tension
In response, Mayor John Nelson defended the city’s progress over the past three years and emphasized the council’s investment in hiring JPM Acoustics to provide independent, data-driven analysis.
“We’ve come miles ahead of where we were three years ago,” Nelson said. “We are investing in a third party to come with tangible data and proven facts.”
As Kleist visibly reacted during the mayor’s remarks, Nelson added, “You can shake your head all you want,” before continuing to explain that he would not act “recklessly” without the consultant’s findings.
Nelson also noted that Kleist resides in Greendale and commented that Greendale elected officials had not appeared before the Franklin council to raise similar concerns.
The exchange underscored the ongoing frustration surrounding the multi-year noise dispute and highlighted the regional dimension of complaints, with residents from neighboring communities continuing to participate in Franklin’s public meetings.
Motion to Approve Fails
The council then suspended its rules to allow Rock Sports Complex owner Mike Zimmerman to address the body.
Zimmerman argued that his business should not be penalized because the city has not yet received the long-awaited sound study from JPM Acoustics.
“This is your sound study,” Zimmerman told the council. “He doesn’t
Zimmerman said official city records show eight complaints and zero violations during last year’s events and warned that denying or delaying approval based solely on the pending study would be reckless and financially harmful.
Debate Moves Beyond Decibels
The council’s discussion initially focused on sound calibration procedures.
Last year, an in-person sound check at the property line near the Hawthorne neighborhood set the limit at 75 decibels under a 79-decibel maximum allowed by ordinance. This year, the applicant requested 79 decibels but agreed to conduct in-person sound checks before each event, with the final level determined live and communicated to police.
But Alderwoman Day clarified that her concern was not centered on the pending JPM study or strictly on decibel levels.
“I’m not waiting on a sound study,” Day said. “There’s no point in waiting on that.”
Day argued that while last year’s sound check may have complied with agreed-upon limits, the music used during the check did not reflect the explicit content played during the actual concert.
“The music that was played at the sound check did not match the music that was played in the concert,” she said.
Day said the core issue is not simply volume, but explicit content bleeding into surrounding neighborhoods.
“It may not have been a sound violation per se,” she said, “but that doesn’t mean that it’s not still a public nuisance.”
Public Nuisance Standard Cited
Day referenced Franklin Municipal Code § 178-2, which defines a public nuisance as a condition that may:
“Substantially annoy” the comfort or repose of the public, or
“Greatly offend the public morals or decency.”
Day indicated that explicit concert content audible inside residential homes could fall within that definition, even if agreed-upon decibel limits were technically met.
Her position reframed the debate from one about whether the Rock complied with sound limits to whether the nature of the content itself, when broadcast into neighborhoods, could violate the city’s nuisance standards.
Economic Impact Raised
Alderwoman Eichmann emphasized the broader economic implications of the festivals, citing hotel occupancy, restaurant revenue, and tourism activity.
“This is more than just Mike throwing a concert,” Eichmann said. “This affects the entire city of Franklin.”
She warned that failing to approve the events could have financial ramifications for taxpayers and local businesses.
JPM Report Delayed Over Final Payment
The meeting also revealed that JPM Acoustics has completed its sound study but will not release the report until the city issues the final contractual payment of approximately $27,475.
City officials said they are reviewing the invoice to ensure the consultant met contractual obligations before releasing payment, noting concerns about additional work allegedly performed outside the original scope.
Council members expressed frustration that the report, months overdue, remains in limbo.
Ultimately, the council voted unanimously to put the festival permits over to March 3 in hopes that the JPM issue can be clarified before a final decision is made.
Editorial: Ten Years of Noise — And Still No Resolution
For nearly a decade, Franklin residents have raised the same concern: excessive sound and explicit concert content from events at the Rock Sports Complex spilling into surrounding neighborhoods.
And for nearly a decade, the response has followed the same pattern — acknowledgment, delay, and deflection.
The February 18 Common Council meeting once again demonstrated what many residents already feel: this issue has not been resolved. It has been postponed.
A Decade of Promises
When Mayor John Nelson began his term, he publicly committed to addressing the longstanding sound concerns at the Rock swiftly and decisively. Residents were told there would be solutions. There would be accountability. There would be change.
Instead, the issue has repeatedly been pushed forward to the next meeting, the next study, the next explanation.
Now the latest reason to wait is a delayed sound study from JPM Acoustics — a report that has been discussed for months but remains unreleased pending contractual disputes.
Each year brings a new technical explanation.
Meanwhile, residents continue to hear concerts inside their homes.
The Real Issue Is Not Just Volume
At the February 18 meeting, it became clear that the dispute is not solely about decibel levels.
Even when sound checks are conducted and limits are agreed upon, residents report that the music performed during events like Tacos & Tequila includes explicit, profane content that carries into surrounding neighborhoods.
Alderwoman Day made a critical distinction: even if an event does not exceed a decibel threshold, that does not automatically mean it complies with Franklin’s nuisance code.
Under Municipal Code § 178-2, a public nuisance includes conditions that:
“Substantially annoy” the comfort of the public, or
“Greatly offend the public morals or decency.”
When explicit language is audible inside residential homes, it is reasonable to ask whether that standard is being met.
Compliance with a sound meter is not the same as compliance with community standards.
A Question of Consistency
Resident Dana Gindt made a point that resonated deeply during public comment.
Before every council meeting, the mayor reads a statement requiring respectful behavior and prohibiting obscene or offensive remarks inside the council chamber.
Gindt noted the irony that if residents were to use the same profane language during open comment that is broadcast during concerts, they would be warned, removed, or potentially face consequences.
Yet families miles away from the venue have reported hearing explicit language in their homes for hours during certain events.
The question raised was simple: why are standards of decorum strictly enforced inside City Hall, but seemingly tolerated outside when amplified into residential neighborhoods?
That inconsistency is at the heart of public frustration.
Leadership or Advocacy?
At the February 18 meeting, it appeared to many residents that Mayor Nelson and Alderwoman Eichmann focused heavily on preserving the event and emphasizing its economic benefits, while other council members focused on resident impact and municipal code standards.
Economic development matters. Tourism revenue matters. Hotels and restaurants benefit from major events.
But economic impact does not override the obligation to enforce city ordinances and protect neighborhood quality of life.
The perception that city leadership is working to preserve the event while residents continue to raise unresolved concerns fuels distrust.
Political Alignment Raises Questions
The February 18 meeting also highlighted a clear political alignment on the issue.
Mayor Nelson and Alderwoman Eichmann consistently emphasized the economic importance of the Rock and argued against delaying approval. Their position mirrored arguments made by Rock owner Mike Zimmerman regarding revenue impact and business continuity.
That alignment is notable given the broader political relationships surrounding city leadership. Public campaign records show that individuals connected to the Rock, County Supervisor Steve Taylor, and Aderwoman Eichmann have supported Nelson’s electoral efforts. While such support is legal and common in local politics, it adds context to a debate where residents have increasingly questioned whether their concerns are receiving equal weight.
The appearance of alignment, particularly on an issue that has persisted for nearly a decade, underscores why transparency and clear enforcement of municipal code standards are essential.
Council Members Who Drew a Line
Importantly, the broader Common Council did not simply approve the permits.
The motion to approve failed.
The council voted unanimously to put the matter over rather than proceed without further clarity.
That action deserves recognition.
It signaled that council members are willing to pause rather than move forward without addressing the nuisance concerns that have lingered for years.
Residents should take note of that.
The Pattern Must End
The Rock has operated for ten years. Noise and content concerns have followed it for ten years.
There has been ample time to implement durable, meaningful mitigation.
If the issue were temporary, it would not return annually.
If the solution were simple, it would have been completed.
The ongoing reliance on the next study, the next calibration, the next delay — these have become procedural detours.
At some point, leadership requires saying: enough.
If Tacos & Tequila — as currently structured — results in explicit language clearly audible in homes, then it is reasonable to question whether that event complies with Franklin’s nuisance standard.
This is not anti-business.
It is pro-accountability.
Franklin residents deserve to enjoy their homes without amplified profanity entering their living rooms.
That is not an unreasonable expectation.
It is the baseline of responsible governance.
March 3 will reveal whether the city intends to finally resolve this issue — or once again move it further down the road.
This piece reflects the author’s personal opinion and experiences. All statements are presented as commentary protected under the First Amendment. Readers are encouraged to review public records, filings, and documented evidence referenced throughout this article.
Dr. Richard Busalacchi is the Publisher of Franklin Community News, where he focuses on government transparency, community accountability, and local public policy. He believes a community’s strength depends on open dialogue, honest leadership, and the courage to speak the truth—even when it makes powerful people uncomfortable.
đź•Ż️ The solution isn’t another insider in a new office. It’s sunlight, scrutiny, and the courage to vote differently.
Because until voters demand honest, transparent government, the corruption won’t stop — it will only change titles.
Elections have consequences — and Franklin’s next one may decide whether transparency makes a comeback.
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Together, we can keep local government honest, transparent, and accountable
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đź’¬ If you value hard-hitting, fact-based investigative reporting about our hometown of Franklin — follow Franklin Community News on Facebook.
Together, we can keep local government honest, transparent, and accountable
— for the greater good.
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ReplyDeleteExcellent summary of what transpired, the kind you won't read anywhere else. This post clearly illustrates how inept the mayor and common council are. Ten years and they can't fix this? They have to wait months and months for the results of a study? They can't figure this out without expending local tax dollars time and again? How do they dress themselves in the morning?
DeleteThe reality is they don't want to fix this. They want operations to continue the way they are. My own spineless alderman told me he's afraid to vote against the Rock for fear the owner will sell and the team will go somewhere else.