HomeMy WebLinkAboutMinutes-Council Work Session-4/20/2020COUNCIL WORK SESSION
April 20, 2020
4:40 p.m.
Harold E. Getty Council Chambers
Members present: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, and Juon joined the meeting
by telephone.
Moved by Klein seconded by Grieder that the Agenda, as proposed, be approved. Voice -vote
Ayes: Seven. Motion carried.
Obiective: Discussion of a new pedestrian median safety ordinance
Martin Petersen, City Attorney, provided an overview of the ordinance. He explained that
pedestrian fatalities have increased since 2016 by 46 percent, with the largest increases occurring
in urban areas. Many times when pedestrians are struck, they are killed. The Crossroads area is
entirely a business district and does not have crosswalks. The Ordinance would prohibit
pedestrians from sitting, standing, or lingering on a median in the area except to cross the street.
Mr. Grieder questioned how many of the fatalities or injuries have been in the San Maman business
district.
Martin Petersen stated that he cannot tell council how many of the ten fatalities have occurred in
the business district as it would be incredibly difficult to mine the data from Police records.
Mr. Grieder commented that walkability is a huge problem in this area. He explained that the
ordinance, as he reads it, is to move panhandlers out of the area. He stated that courts have varying
opinions on panhandling and that he does not believe that it is right to punish poverty.
Mrs. Klein commented that she has been working with the City Attorney on the ordinance. She
stated that she has had numerous complaints about people not having good lines of sight on the
people engaging in panhandling and that they have almost gotten into accidents because of
panhandling.
Mr. Morrissey questioned how many sidewalks are in the area
Martin Petersen commented that he did not research the amount of sidewalks specifically but that
he has observed very few sidewalks in the area.
Mr. Morrissey commented that the area needs more infrastructure to accommodate pedestrians.
He added that if the ordinance is being used to move panhandlers, he has a difficult time supporting
this ordinance. He suggested changing the name if the goal of the ordinance is to move the
panhandlers.
Mrs. Klein commented that this is not a safe location for panhandlers.
Mr. Grieder commented that the ordinance penalizes poverty. He is in favor of safety but that he
is supportive of crosswalks and making this business district walkable.
Mr. Amos commented that the individuals are standing on the median and on the side of the road.
He explained that sidewalks are needed and more research is needed.
Mr. Boesen commented that he does not support this ordinance as it is written, as it does not
address safety as much as panhandling. He further commented that Des Moines was sued for
trying to ban panhandling.
Mrs. Klein clarified that her recommendation of the ordinance is only about safety and that
allowing any individual to be on the median or curbside creates a dangerous situation, regardless
of the reason they are there.
Mr. Morrissey commented that he believes that the ordinance is directed at panhandlers and not
safety and that a panhandler amendment should be introduced instead.
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Mrs. Klein reiterated her concern is for safety and not panhandling.
Mrs. Juon questioned the ramifications of the ordinance other than people standing on the medians.
Martin Petersen commented that the City of Des Moines and other cities at one time had
panhandling ordinances. In 2015, the United States Supreme Court ruled against such ordinances
on the basis of First Amendment issues. Nationally, cities are passing safety ordinances that
address safety issues and not panhandling. The ordinance would not prohibit someone from
standing on the side of the road; it would only addresses the safety concerns of someone standing
on the median. He further commented that the ordinance as it is written has the best chance of
surviving a challenge on First Amendment grounds.
Mrs. Juon commented that it is a safety issue for her. She asked council if it would be helpful if
Mr. Petersen provided additional information from the Department of Transportation regarding
the number of accidents that have occurred at these types of intersections.
Mr. Morrissey commented that he wants to see Planning and Zoning and Engineering come up
with plans for putting in sidewalks in the area to address the pedestrian safety purposes.
Mrs. Juon asked for clarification of Mr. Morrissey's request.
Noel Anderson, Community Planning and Development, commented that staff has been working
with INRCOG regarding sidewalks and trails and can certainly include this area. He noted that it
planning for this would may be easier than securing funding to move forward.
Mrs. Juon requested that Noel forward to council any current plans on the matter and Mr. Petersen
to forward the crash data from the Department of Transportation.
Mr. Morrissey questioned if there have been concerns about people begging for money in areas
where there are crosswalks.
Mr. Boesen commented he has an issue with the current time allotment provided to conduct several
work sessions and wants to see more time allowed per issue.
Objective: Discussion of cancelling extra yard waste collection fee.
Randy Bennett, Public Works Division Manager, explained that the extra fee allows for extra
pickups. He recommended incorporating the service with the regular fee that is collected and
continue providing the service.
Mr. Boesen commented that he supports the issue and requested a work session to get an overview
of the recycling program with Republic and the landfill tipping fees.
Randy Bennett commented that the initial intent was to do a follow up after six months into the
new program and that meeting could be expected in about a month.
Mrs. Juon questioned what Mr. Bennett requested confirmation of recommendation on this matter
so that he could prepare a resolution.
Council supports submission of a resolution cancelling the yard waste collection fees.
With no further business before the Council, it was moved by Boesen seconded by Amos that the
meeting be adjourned at 5:15 p.m. Voice -vote Ayes: Seven. Motion carried.
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Kelley Fel le
City Clerk