CC - Agendas - City Council - WORKSHOP - 8/17/2010

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COUNCIL AGENDA MEMO — August 17, 2010 DEPARTMENT: City Manager AGENDA ITEM: Discussion and direction regarding gate between Granite Creek Park and the Depot Market Place Approved By: Department Head: Laurie Hadley Finance Director: Mark Woodfill City Manager: Steve Norwood Background: Date: August 17, 2010 Currently a fence separates The Depot Marketplace and Granite Creek Park, with a gate allowing two way access between the two sites. The gate is on the north boundary of The Depot Marketplace, adjacent to Staples Office Supplies. In recent months, the City has been asked by the merchants in the Market Place to keep the gate closed, but have been asked by trail users and residents in the area to keep the gate open. In June 1990, the City Council approved a zoning change (to Business B) on the property now named The Depot Market Place. In the Ordinance (2177), there are ten conditions to the rezoning, see attached. A few of the citizens who wish to keep the gate open had indicated that one of the conditions of rezoning was the gate had to be kept open. Legal staff does not interpret any of the conditions as saying such. Number 8 of conditions states "That the pedestrian access ways from downtown to Granite Creek Park and Montezuma Extension contain a sidewalk, along with a better delineation of the park entrance and that a re-evaluation of the park entrance be made by staff during the building permit process." This does not specifically address a gate. The final plat contains the following language, "Nonexclusive perpetual access easement to the City of Prescott for public pedestrian ingress and egress and City of Prescott emergency and service vehicle access to AC Williams Park, aka Granite Creek Park." This language is in reference to the gate area, but seems to contradict itself. With such unclear language, and two diverse opinions from the public, staff spent time speaking to the merchants in The Depot Marketplace, parks and recreation staff, fire and police personnel. Of the ten merchants interviewed, eight (8) would like it kept locked, one (1) preferred it open, and one (1) had no opinion either way. A copy of that report is attached to this memo. For Parks and Recreation staff, the gate is a constant hassle. In early May the gate was locked at the request of the business owners. Within two weeks, the gate had been taken off the hinges. The gate was replaced and the hinges were welded. A week or two later, a large hole had been dug under the gate and people were crawling under. The hole was filled in, and it wasn't long before the large chain and lock were cut with bolt cutters. The gate has been open since July 19' 2010.