sex offender residency ordinance, on the agenda again

Posted by Scott Crevier • Sunday, March 17, 2013 10:47PM
City Council meeting

We’re voting on the sex offender residency ordinance again at this Tuesday’s City Council meeting. It sure seems like we’re talking about this a lot, so let me just give you a run down on what’s happened at previous meetings.

Tue Jan 15: We heard a report on the effectiveness of our sex offender residency ordinance. Police Chief Derek Beiderweiden spoke, along with Jed Neuman, the Sex Offender Registry supervisor for the Wisconsin Dept of Corrections. Based on their reports and recommendations, I asked that we add the repeal of our ordinance to our next meeting agenda.

Wed Feb 5: I moved that we approve the repeal of our ordinance, Ald. Bauer seconded it. We voted 5-2 in favor of repealing the ordinance. Voting for for repeal were Bauer, Boyd, Crevier, Kneiszel and Robinson. Voting against repeal were Lueck and Van Vonderen. Ald. Donovan was absent. Since the vote was not unanimous, it gets thrown out and we must vote again at our next meeting.

Tue Feb 20: I moved that we repeal the ordinance, Ald. Boyd seconded it. We discussed the issue, and then before we had a chance to vote, Ald Lueck moved to table the issue for a month. He wants to get more data from the state. The vote to table passed 4-3. Voting in favor of tabling it were Boyd, Donovan, Lueck and Van Vonderen. Voting against tabling it were Bauer, Crevier and Kneiszel. Ald. Robinson was absent.

Tue Mar 19: This will be our second attempt at the second vote.

For more details on my feelings about this ordinance, read my Feb 5 blog post.

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we need Walgreen’s

Posted by Scott Crevier • Sunday, March 17, 2013 9:29PM
City Council meeting, City Happenings

We’ve been considering the proposed Walgreen’s downtown for a couple of months now. I’ve had several opportunities to learn about the details of the plan. I’ve heard feedback from residents and business owners. I’ve heard city staff discuss the plan, and I’ve heard representatives from Midland Commercial Development Co (the developers) explain it. After careful consideration of all information in front of me, I’ve decided to vote to approve the general development plan at next Tuesday’s City Council meeting.

Here’s what’s happening. Walgreen’s has proposed to build a store downtown, at the corner of S. Broadway and S. Wisconsin. This is the northeast corner at the roundabout, just east of the Claude Allouez Bridge. Looking at the photos on the right, the top is one that I took of the location a few weeks ago. The one below is a developer’s rendering showing what the site would look like with the new store. Notice that three buildings in the top photo would be torn down to make way for the new store and parking lot: (A) owned by Carol Shier, (B) owned by Kenneth and Silvia Butz, and (C) owned by Thomas Bartel.

These are my feelings on the various aspects of the plan.

Historic Preservation

The most significant resistance to the plan comes from the Historic Preservation Commission, and residents and business owners with similar concerns. The Shier building is part of an Historic District, and as such, the Historic Preservation Commission does not want it torn down. They want to maintain the historic charm and beauty of that block. The other two buildings are not part of the historic district, I suppose because they don’t look historic. I don’t disagree with the charge of the commission. The problem is that they are fighting for preservation no matter the cost (to the owner).

The Shier building is 100 years old. Based on a request at a recent City Council meeting, the developer hired a contractor to look at the building and see what it would take to renovate and keep the building. The estimate from The Redmond Company came in at $309,000. So if we did not go through with the Walgreen’s, and someone else were to buy the building, they’d have to shoulder that cost (in addition to the cost of the building itself)  just to keep it in its current state. Depending on the actual use, the costs could fluctuate up or down, but there would still be significant renovation costs nonetheless.

Carol Shier, the owner of the building, spoke at the Plan Commission meeting on March 13, 2013. She is retiring and has been trying to sell the building for three years. It seems obvious that the cost of renovation is a significant hinderance for a potential buyer. She wants to sell to Walgreen’s, saying that if this doesn’t go through, she anticipates that she’ll still have the building for a number of years. As the owner of the building, she has rights that supercede the desires of the Historic Preservation Commission. She can tear it down if she wants to, and she should also be allowed to sell it.

What I don’t understand is why the commission is not considering the overall look and charm of the entire block. Think about this for a minute. The other two white buildings, the Butz and Bartel buildings, are not part of the historic district for a reason. Standing alone, they’re okay. But on this block, in our downtown, they look bad. They stick out. They are not historic. They don’t fit the overall charm and beauty of the rest of the block. I suspect that any member of the Historic Preservation Commission might agree with me on that. And now the city has been presented with a plan that removes those two buildings, and replaces them with a brand new building that does indeed fit the block, and extends the historic look and charm 100 feet to the south. How can we not seriously consider this option?

When we first considered this plan at our January 15, 2013 City Council meeting, I asked Mary Jane Herber, the president of the Historic Preservation Commission, if they could be in favor of tearing down one historic building, if it meant replacing it with an even larger historic looking building and extending the historic look and charm further down the block. Herber would not answer on behalf of the commission (because they have not discussed it), but personally, she said no. And so this is where I differ with her (and perhaps the commission). Looking at the top photo above, their concern is only about the look of the block from the Shier building (A) to the left (north). They are not concerned at all about the other two buildings or that part of the block. As a City Council, we are. We have to be.

Let me give you another perspective. The photo at left is a rendering from the developer looking south on S. Broadway. This is what that block will look like with Walgreen’s. Look at it for a minute and tell me if you see any building that looks out of place. I would argue that the only building that doesn’t belong is the De Pere Business Center building in the middle of the block (with the large white sign and horizontal burgundy lines). That sign does not have any historic charm, and it doesn’t match anything else around it, but no one complains about it, certainly not the Historic Preservation Commission. And if you look further down the block (to the right), you come to the new Walgreen’s on the end, and it actually looks nice. It looks like it fits, like it belongs. It looks like they bought a 100 year-old-building and moved in.

I applaud the developers and The Albion Group, the architects, for the design, and the way they’ve made this store fit into our downtown.

(Before anyone hollers about my comments regarding the De Pere Business Center building, I don’t have a problem with it. I’m just saying that if you are looking out for the historic nature of all the buildings on this block, then I don’t understand why you’re overlooking  this building.)

Utilities

In all the feedback I’ve heard from residents and businesses, no one has mentioned the utilities running under the current parking lot, but we have to consider this. There are significant storm and sewer pipes under the current parking lot (near the white car in the upper photo above). If any developer is going to do anything with this property, those utilities must be moved, and that’s not cheap. I’ve heard a couple of numbers, so I’m not sure of the exact cost, but it’s over $700,000. Now, when working out a plan with a developer, the city needs to consider this. And the Walgreen’s developer is willing to pick up the significant majority of those costs. Let’s not overlook this.

Other developers might have a good plan, but might not be able to afford moving the utilities. In that situation, guess who would pay for it. Us, the taxpayers. Some folks have complained about allowing a “big box” store into our downtown (which is strange because there’s a Shopko 3 blocks away). But perhaps such a store is the only kind that could afford such costs.

Traffic Study

A number of residents and local business owners have expressed concerns about traffic. As you can see from this diagram, the S. Broadway driveway is immediately north of the roundabout, and there is some concern that as you’re exiting the driveway, you could have accidents with cars coming out of the roundabout going north. Some have spoken about the speed of cars coming out of the roundabout. Others have talked about the obstructed view you’ll have as you’re exiting the driveway, and that you may not be able to see the traffic very well. And even others expressed concern about pedestrian safety. We discussed this at our January 15, 2013 City Council meeting, I had similar concerns.

So it was requested of the developers to do a traffic study, to find out if these concerns are valid. In turn, they hired Traffic Analysis & Design, Inc (TADI) of Cedarburg, WI to study the plan and the intersection. Long story short, TADI had similar concerns, and made some recommendations. As a result, the developers changed the design in several ways, one of which by allowing only right turns (going north) out of the driveway. According to TADI, the newly designed driveway now has safe movement in all directions, going in and out.

Even with the modifications, people still expressed concerns over traffic at last week’s Plan Commission meeting. I’m glad they shared their opinions. But with all due respect, we requested a traffic study and we got one. And I’m going with the opinion of the professionals.

Competition

Another concern raised by many was the issue of competition, and other similar stores nearby. Generally speaking, most simply said, “we don’t need another Walgreen’s.” Here are the stores I heard mentioned, and their distance from this development:

  • Shopko, 3 blocks
  • Stowe Drug, 0.9 miles
  • Walgreen’s, 1.4 miles
  • CVS, 1.2 miles
  • Aurora Pharmacy, 1.6 miles
  • Shopko Express, 2.7 miles

The issue of competition isn’t so simple. Yes, the city can govern what kinds of businesses it wants in certain parts of the city. But that’s as far as our reach should go. Just look around you. We have many areas where there are multiple restaurants within blocks of each other. And there are bars, gas stations, hotels, etc. Competing businesses are everywhere; this is healthy. There’s nothing wrong with a pharmacy being located a few blocks from another pharmacy.

And for the record, 3 of the above stores are on the west side of town; the new Walgreen’s will be on the east side. As much as I don’t think this matters, and as much as we try to operate as a unified city, many De Pere residents just don’t like crossing the river if they don’t have to. Having another pharmacy on the east side of town will be a good thing.

Back door

I shared the concern of some residents, that the side of the store that faces S. Broadway is actually the back of the store. The front will be on S. Wisconsin, where the parking lot is. However, we want Broadway to be an area where we can walk up and down the blocks and go into stores. Without an entrance on Broadway, this seems to defeat the purpose of improving the block.

I initially struggled with this. The developers came back with a door on S. Broadway, but it’s only an employee entrance. And another door further down toward the roundabout is only an emergency exit. So the main entrance will still be on the east side of the building, on S. Wisconsin.

From a business perspective (and for ADA concerns), Walgreen’s has to have an entrance by the parking lot, and having 2 entrances just isn’t a good idea. It would require an extra cash register there with corresponding staff. Changing the design to move the parking lot is also not a good idea. At some point here, we have to be realistic about the needs of the business.

But there’s another way to consider this. Looking at the rest of the block, none of the other buildings really support the kind walk-in traffic we’re talking about. We don’t have retail shops and restaurants like many would think. Yes, there’s a lamp shade store. But there is also a business services company, a ticket seller, a printing company, a tax preparer, and a couple of buildings for sale. No restaurants or bars on that block. No ice cream shops or general retail shops on that block. So, saying that Walgreen’s won’t support the walking traffic that we want (as I originally said) is not a valid concern.

And after all, if you just continue walking around the building, maybe another 100 feet, the main entrance is right there.

Drive thru

The configuration of the drive thru is unusual, and hard to explain. You may need to click on the above diagram to see it yourself. There are two lanes of traffic in the driveway, which seems okay. But then there’s another lane of traffic against the building for the drive thru lane. And when you’re done at the drive thru, you have to cross over an oncoming lane of traffic to get out of the driveway. This seems awkward, like it might invite accidents.

This is another area where the developer made some improvements after our discussion at a previous City Council meeting. And I’m now comfortable with it. Let me first say that, while we citizens are concerned about traffic and safety, we also need to recognize the fact that Walgreen’s also has an interest in having a safe parking lot and driveway for their customers. That said, there are a couple of elements which I believe will make the driveway safe.

First, westbound traffic exiting the parking lot will have a stop sign, allowing the drive thru traffic to get in that lane in front of them. Second, the drive thru traffic also has a space to stop and wait for a safe opportunity to exit. Third, the estimated volume at the drive thru is a max of 5 cars per hour. And it’s a parking lot, so cars will be going slow. I just don’t see many accidents happening, if any at all.

I also emailed the developers on this issue, and asked for diagrams of other Walgreen’s stores that have unusual driveways. They provided 3 such diagrams, 2 here in Wisconsin and one from Michigan. And there have been no problems at those stores. They presented these diagrams at last week’s Plan Commission meeting, and I’d be surprised if they didn’t also present them to the full City Council next Tuesday.

So, I certainly don’t want our police and fire departments spending time responding to parking lot issues at Walgreen’s. And while the drive thru configuration is a bit unusual, I’m comfortable that there will not be a problem.

Who started it?

At last week’s Plan Commission meeting, Ald. Boyd said that constituents have asked him who started this whole process. Did the city ask Walgreen’s to develop here, or did Walgreen’s come to the city? The answer is that Walgreen’s approached the city.

But I’m curious about the question. I don’t fault Ald. Boyd for asking it, after all, it’s what people are asking him. But it seems as if the people are thinking that it’s not okay if the city had approached Walgreen’s about this development. And to that, I certainly disagree. For all the reasons I’ve given, I believe that Walgreen’s is not only a good fit for this location, but that we need Walgreen’s. I’m not just in favor of this project because I don’t see any problems. I’m in favor because the location on S. Broadway is a critical location in our downtown and the current buildings don’t look good. This store will bring additional services downtown, it’ll add competition, and it’ll create jobs. De Pere needs this Walgreen’s.

Overall fit

By simply looking at the latest version of the plan, I like the fit. I like the way it looks at the roundabout. Based on the 3D images provided, I can picture what it will look like as I’m driving around the roundabout, and I like it. They’ve got a nice sidewalk area with trees and benches. It looks comfortable and safe. It looks friendly. It looks like it will promote and even enhance the look and feel that we expect in downtown De Pere. There was much criticism about the original plan. But the developers have listened and responded well, and it’s time to move this project forward.

If you have any questions or concerns about the project, I hope you will attend Tuesday’s City Council meeting.

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everything you ever wanted to know about snow removal

Posted by Scott Crevier • Thursday, February 07, 2013 9:53PM
City Happenings

As I write this, the snow is falling and plows are out making our streets safe. This is my first winter as an alderman, and I’ve heard from a couple of neighbors with concerns about how or when their street is plowed. These concerns reminded me of an episode of the Mayor’s Corner from 2011. In this episode, the mayor interviewed Al Luberda, our street superintendent. The interview is 48 minutes, and they spent the entire time talking about snow removal. Al answered literally dozens of questions from the mayor.

So I contacted Kevin Clark, the city’s Video Production and Marketing Coordinator, and I asked him to see if he could scrounge up that video and put it on YouTube. He did that this week.

So here’s the video. If you have any questions or concerns at all about snow removal in the city of De Pere, I beg you, PLEASE take 48 minutes out of your day to watch this before you contact your alderman or city staff.

Here are just some of the questions answered in this video:

  • How many trucks do we have?
  • How much do we pay for salt?
  • What does it mean when you pre-wet the salt?
  • How long can a driver be out on the road plowing at one time?
  • How do you determine the order in which the streets are plowed?
  • What’s the difference between primary and secondary streets?
  • How do I know if my street is primary or secondary?
  • Do bus routes determine how or when we plow?
  • Do we do any special plowing for emergency vehicles? Does this affect the regular route plowing?
  • How many miles do we plow?
  • How much money is budgeted for snow removal?
  • How long does it take to plow the entire city? How does this compare to other communities?
  • What’s a snow emergency?
  • How do you handle removing large snow banks?
  • What happens if a snow plow hits my mailbox?
  • What does the plow driver do if there’s a car in the street?
  • Why does the plow driver go around the block, instead of just going all the way down my street?
  • I live in a culdesac; why does the plow driver always leave the snow in my yard instead of my neighbor’s?
  • Why can’t the plow driver lift the blade in front of my driveway so there’s not such a big pile?
  • Are there streets in the city that we don’t plow?
  • Why is it that after some snowfalls my street doesn’t get plowed?
  • Do I have to remove snow around the fire hidrant in front of my house?
  • Why do city parks, parking lots and alleys sometimes get plowed before streets?
  • Why is my street always plowed last?
  • Do the plow routes always have the same driver?
  • How do you train new drivers?
  • Why do some streets get plowed multiple times, and others only once?
  • Why does a plow go down my street without actually plowing?
  • What can citizens do to help the plow drivers?
  • After it snows, how long do I have to shovel my sidewalk? What happens if I don’t shovel it?

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repeal our sex offender residency ordinance

Posted by Scott Crevier • Tuesday, February 05, 2013 7:45AM
City Council meeting

On the agenda for tonight’s city council meeting is the repeal of our sex offender residency ordinance. I asked for this to be put on our agenda for a number of reasons, the most important of which is that our ordinance makes it more difficult for state officials to keep our community safe.

At our last meeting on January 15, our police chief Derek Beiderwieden spoke to us about our current ordinance. He told us that we have no record of sex offender re-offenses in De Pere, before or since the ordinance. In response to a question from Ald. Dan Robinson, he stated that having our ordinance does not reduce the number of offenders moving into De Pere. He later said that he is not in favor of sex offender ordinances, though he qualified that by saying that when everyone else is doing it, how do you not?

Jed Neuman also spoke to us at the meeting. Neuman is the sex offender registry field supervisor for the Wisconsin Department of Corrections. He said that residency ordinances compromise what his agents do, and that this is one group of offenders where we need to know where they are. He said that Brown County at one time had a high compliance rate, and now it’s not as high as we’d like.  He also said something which addresses our police chief’s comment about following suit when other municipalities around us are enacting residency ordinances. He said “when one ordinance happens, there’s a domino effect”, and that one common thing he hears is that if we don’t have an ordinance, the numbers are going to jump and they’re all going to flood here. But what he’s found since 2007 is that this is not true, offenders consistently stay in their own home town.

So what do the victims have to say about this? Neuman also told us that there are no victim groups that support residency ordinances.

Having our residency ordinance causes offenders to lie about their home location, which causes Neuman and his agents to lose track of them. This is what jeopardizes our safety. Neuman told us that when offenders are on the registry and are properly supervised, the recidivism rate is a fraction of a percent.

I said to Neuman that our ordinance seems like a solution looking for a problem, that it has nothing to solve, and I asked him if he agrees. He said that this is a fair statement.

In his clearest statement, Neuman said, our ordinance “compromises the agents’ ability to supervise a population that we don’t want to reoffend. We want to be able to do our job. We want to be able to supervise them. We want to be able to protect the community that we work in, that you live in, and keep it a safe place.”

It should be noted that this information is not new. This is the same thing that Tom Smith, the sex offender registry specialist with the state Department of Corrections, told the city council when they created the ordinance 3 years ago. But the council decided against his advice.

Let’s be clear about this. I’m just an alderman representing my district. I’m not out on the street working with offenders. I’m not out in the neighborhoods doing compliance checks. But what I am doing is listening to what the law enforcement experts have been telling us for years. This is where we’ve failed. We need to listen to the experts. And look to other communities, like Appleton, who have avoided such ordinances and are doing well.

Let me also be clear about a couple of other things. There’s an article in today’s Green Bay Press-Gazette which was overall a pretty good article, but I was slightly misquoted. The article quoted me as saying, “the whole idea behind our sex offender registry is flawed.” I did not say that. What I said is that our sex offender residency ordinance is flawed, not the registry itself. So let me explain what will still be in place if we repeal our residency ordinance tonight.

First, the state of Wisconsin sex offender registry will still exist. People on the registry must report their home location, and must update it as they move. Along with that, the De Pere Police Department will still perform registry compliance checks in our city. We have about 3 dozen registered sex offenders in De Pere. Our police officers actually go to their residences and verify that the offender is actually living where they say they live. And we report this information to the state. These compliance checks will continue.

Second, we also have a sex offender loitering ordinance, which restricts offenders from being in child safety zones like public parks, libraries, playgrounds, athletic fields, schools, etc.

So, we will still have our registry and compliance checks, and we will still have our loitering ordinance. I simply want to repeal our sex offender residency ordinance, because the experts are telling us that not only does it not work, it compromises their ability to keep our city safe.

UPDATE: 2013-02-05 Tue 9:30pm

At our meeting tonight, we voted 5-2 in favor of repealing our Sex Offender Residency Ordinance. But since it was not unanimous, it must come back for a second vote at our next meeting on Tuesday, February 19. Voting in favor of repeal were Bauer, Boyd, Crevier, Kneiszel, and Robinson. Voting against repeal were Lueck, and VanVonderen. Ald Donovan was absent.

I also want to mention a very valid point that Ald. Boyd made at tonight’s meeting, and I’ll use my own home as a real example. Our ordinance says that a sex offender cannot live within 500 feet of an elementary school. My house is 600 feet from Our Lady of Lourdes elementary school. So, this means that a sex offender can indeed live in my house, but not a couple of houses down from me. But there are always kids out in our street playing, riding bikes and skateboards, etc. There are kids next door who play basketball in their driveway and mess around in the front yard. So what good does it do to keep the sex offender living away from the school, when they are still living among kids? We’re a small, quiet town, and there are kids everywhere. And how fair is it that a sex offender could live next to me, but not a block down? It just doesn’t make sense. Ald. Boyd made this same point 3 years ago when the council enacted the ordinance, but it didn’t help.

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