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PRESCOTT CITY COUNCIL
WORKSHOP
AGENDA
PRESCOTT CITY COUNCIL Prescott Council Chambers
WORKSHOP 201 South Cortez
TUESDAY, AUGUST 17, 2010 Prescott, Arizona
2:00 PM (928) 777-1100
The following Agenda will be considered by the Prescott City Council at its Workshop
pursuant to the Prescott City Charter, Article II, Section 13. Notice of this meeting is given
pursuant to Arizona Revised Statutes, Section 38-431.02.
♦ CALL TO ORDER
♦ ROLL CALL:
MAYOR AND CITY COUNCIL:
Mayor Kuykendall
Councilman Blair
Councilman Hanna
Councilman Lamerson
PROCLAMATIONS
Councilwoman Linn
Councilwoman Lopas
Councilwoman Suttles
A. February 8, 2010 — 100t" Anniversary Boy Scouts of America.
B. September 6 — 12, 2010 — Patriotism Week.
C. September 11, 2010 — March for Babies Day.
PRESENTATIONS
A. Introduction of new businesses.
B. Board / Commission Liaison reports.
DISCUSSION ITEMS
A. Discussion and direction re the discontinuation of air service by Horizon
Airlines from the Prescott Airport.
CM
Prescott City Council
Workshop — August 17, 2010
B. Discussion and direction re water/wastewater rate increase.
C. Discussion and direction re Granite Creek Park gate access.
D. Discussion and direction re Council meeting schedule.
IV. ADJOURNMENT
CERTIFICATION OF POSTING OF NOTICE
The ndersigned hereby certifies that a copy of the foregoing notice was duly posted at Prescott City Hall on — d
at in accordance with the statement filed by the Prescott City Council with the City Clerk.
Beth A. Burlo'Xity Clerk
PROCLAMATION
"Boy Scouts of America -100th Anniversary
February 8, 2010
WHEREAS, On February 8, 2010, Boy Scouts of America will celebrate 100 years as an
organization; and
WHEREAS, The American Legion voiced its support of Boy Scouts of America at its
first national convention in 1919, making it the first national youth activity officially recognized
by the American Legion; and
WHEREAS, For 100 years Boy Scouts of America has created a strong foundation of
leadership, service, and community for America's youth in preparing them to become engaged
citizens and leaders; and
WHEREAS, Boy Scouts of America is one of the nation's foremost youth programs of
character development and values -based leadership training, and teaches the core values of duty
to God and country, personal honor, respect for the beliefs of others, volunteerism, and
interdependence with the environment, principles which are conducive to good character,
citizenship, and health; and
WHEREAS, Boy Scouts of America serve nearly 2.8 million young people between 7
and 20 years of age with more than 300 councils throughout the United States and its territories;
and
WHEREAS, Boy Scouts of America "A Year of Celebration, A Century of Making a
Difference" will begin on September 1, 2009, and will end on December 31, 2010; and
WHEREAS, The 100`h Anniversary Boy Scout Jamboree will be held July 26-August 4,
2010, at Fort A.P. Hill, Virginia; and
WHEREAS, The American Legion desires to recognize the 100`h anniversary of Boy
Scouts of America and its positive influence on millions of young men and women across the
country.
NOW, THEREFORE, I, Marlin D. Kuykendall, Mayor of the City of Prescott, Arizona
do hereby declare February 8, 2010 as:
100TH ANNIVERSARY BOY SCOUTS OF AMERICA
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City
of Prescott to be affixed this 17th day of August 2010.
MAIit1N D. KUYKENDALL, Mayor
City of Prescott
PROCLAMATION
"PATRIOTISM WEEK"
September 6-12, 2010
WHEREAS: the Benevolent and Protective Order of Elks, through its Constitution, is a
Patriotic Order; and
WHEREAS: The Order promotes the ideals that the citizens of this nation live in
freedom, won through the great sacrifices and many tribulations which have provided the
foundation for a free, prosperous and independent life; and
WHEREAS: we realize that each generation must work to maintain this freedom,
otherwise, through carelessness or indifference, the rights and liberties enjoyed may vanish; and
WHEREAS: it is fitting and proper to recognize this freedom and to honor the nation,
which provides it now.
NOW, THEREFORE I, Marlin D. Kuykendall, Mayor of the City of Prescott, do hereby
proclaim September 6-12, 2010 as
NATIONAL PATRIOTISM WEEK
And during this event urge all citizens to join the Benevolent and Protective Order of Elks in
expressing gratitude for the privilege of American Citizenship with appropriate celebrations and
observances.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Prescott to be affixed this 17th day of August, 2010.
City of Prescott
ATTEST:
E IZAB ' A. BURKE, C
City of : cott
PROCLAMATION
"March for Babies Day"
September 11, 2010
Whereas, the mission of the March of Dimes is to improve the health of babies by preventing birth
defects, premature birth and infant mortality; and
Whereas, premature birth is the leading cause of newborn death; and
Whereas, in 2007, more than 520,000 babies born in the U.S. were born preterm, and premature
birth is increasing at an alarming rate; and
Whereas, in an average week in Arizona, 239 babies will be born prematurely and 12 with die
before their first birthdays. One in eight babies born in Arizona is born more than three weeks before
they are due; and
Whereas, babies born prematurely are at higher risk for lifelong disabilities and chronic illnesses
including cerebral palsy, vision and hearing impairment, physical and mental disabilities and respiratory
conditions such as asthma; and
Whereas, there is no known reason why about 50 percent of these babies are born too soon. The
March of Dimes is determined to find answers to reduce the rate of preterm births; and
Whereas, research breakthroughs funded by the March of Dimes, such as surfactant treatment to
help preterm babies with underdeveloped lungs to breathe, are already saving the lives of countless
babies who were born prematurely; and
Whereas, the March of Dimes funds education and programs across Arizona to increase
awareness of the warning signs of preterm labor, and provides grants for programs to improve birth
outcomes; and
Whereas, the March of Dimes has a 70-year history of success in funding research to improve
public health, starting with the development of the polio vaccine that has eradicated the threat of the
disabling and deadly virus in the U.S. and nearly every other part of the world; and
Whereas, Prescott volunteers and contributors have played an important role in helping to give
Arizona's babies the best chance for a healthy start in life by supporting the March of Dimes.
NOW THEREFORE, I, Marlin D. Kuykendall, Mayor of the City of Prescott, Arizona, do hereby
declare September 11, 2010 as:
MARCH FOR BABIES DAY
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Prescott
to be affixed this 17th day of August 2010.
MARL . KUYKEND L, MAYOR
City of Prescott
ATTEST:
COUNCIL AGENDA MEMO — August 17, 2010
,1112-,p
DEPARTMENT: Public Works
AGENDA ITEM: Discussion/direction on rate increases necessary to fund the FY 11-16
Water and Wastewater Capital Improvement Programs
Approved By:
Public Works Director: Mark Nietupski
Finance Director: Mark Woodfill
City Manager: Steve Norwood ����
BACKGROUND
Date:
Changes to City water and wastewater rates necessary to fund the financial plan
outlined by Dan Jackson, Economists.com, in his January 12, 2010, presentation were
discussed at the subsequent Council meetings of January 19 and 26, 2010. Mr.
Jackson cited various factors affecting the City's water and wastewater enterprises:
slow growth in new customer accounts, much lower water use, reduced impact fee
revenue, and most significantly, the City's extensive Capital Improvement Plan (CIP)
which includes numerous projects to remedy existing system deficiencies. Funding
required to keep the Sewer Fund on a stable financial footing continues to be a primary
concern, in particular given the costs of extensive improvements to the Sundog and
Airport Wastewater Treatment Plants required during the coming years which were
detailed for Council on December 1, 2009.
Council took no action to modify the rates, recognizing that wastewater adjustments had
recently become effective on January 1, 2010, and current policy is to implement water
rate increases during low -usage winter months, to provide a transition before the
summer months of peak usage. At that time it was anticipated discussion of the rates
would be resumed later in calendar year 2010.
On March 23, 2010, to effect compliance with the House Bill 2008 moratorium (enacted
August 12, 2009, with retroactivity), water and wastewater impact fees were rolled back
to the amounts of June 29, 2009; sewer buy -in fees were reinstated; and refunds
authorized of amounts paid on or after July 11, 2009, exceeding the fee levels which
were in effect on June 29, 2009. This moratorium extends through June 30, 2012.
As mentioned during prior rate and impact fee setting processes, many utilities
infrastructure projects have two components: rehabilitation of the existing pipes, pump
stations, etc., which may include an increase in capacity to remedy an existing
deficiency, plus a second increment of capacity increase to serve new growth. Hence,
each project must be looked at carefully when being prioritized for implementation, or
when it is necessary to make reductions in the capital program. Finally, street and
utilities projects are highly interrelated, adding another dimension of complexity.
Agenda Item: Discussion/direction on rate increases necessary to fund the FY 11-16.
Water and Wastewater Capital Improvement Programs
JANUARY 2010 RATES ALTERNATIVES
Four (4) "Scenarios" were defined for the purpose of analyzing rates which would be
required to support each alternative, depending upon how the Big Chino Water Ranch
Project (BCWR) and major improvements to the wastewater treatment plants are
funded. Discussion centered on "Scenario 2", where rates would fund improvements to
the wastewater treatment plants, but not a portion of the BCWR. Note that with
construction of the BCWR pipeline now considered at least 7-10 years away, the
current, approved FY 11-16 CIP indeed does not include construction funding for that
project.
Attached for information and reference are the following documents:
• Total Monthly Charges for Average Residential Customer using 5,000 Gallons
Water and Generating 5,000 Gallons Wastewater (Scenario 2, 1/2010 - 1/2019)
• Water Rates Effective 1/1/2010
• Sewer Rates Effective 1/1/2010
• Water Rate Schedule (1/2010 - 1/2014) for Scenario 2
• Wastewater Rate Schedule (1/2010 - 1/2018) for Scenario 2
• FY 11 — 16 Water and Wastewater CIP w Scenarios
FUNDING THE FY 11-16 WATER AND WASTEWATER CAPITAL PROGRAMS
Water and wastewater rates, the Water and Wastewater Capital Improvement
Programs, or both, need to be revised to balance projects and funding ...
Consider rate study for water and wastewater improvements based on a six year capital
improvement program ...
Actions could include initiating the public process required by Arizona Revised Statutes
for raising rates ...
Recommended Action: This item is for Council discussion and direction regarding
action items to be brought back for consideration.
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Total Monthly Charges for Average Residential Customer
Using 5,000 Gallons Water and Generating 5,000 Gallons Wastewater
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April 2010
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Description of Scenario/Notes
Current and April 2010 rates are now
in effect; rates forecast necessary for
Jan 2011 & subsequent years would
require approval by new ordinance(s)
Rates fund improvements to the
wastewater treatment plants, but not
a portion of the Big Chino Project
(private financing w/capital recovery
from new growth, or GO debt issue)
Scenario
2008
Study
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CITY OF PRESCOTT, ARIZONA
WATER RATES
Effective 1/1/2010
Monthly Fixed Charge
Meter Size Amount
5/8
3/4
1
1 1/2
2
3
4
6
8
6.60
7.05
7.95
10.20
12.90
19.20
28.20
50.70
77.70
Residential (rate per 1,000 gallons)
Single Family
First 3,000 2.86
Next 7,000 4.30
Next 10,000 6.45
Over 20,000 12.90
5/8" Meter
First 6,000 2.61
Next 22,000
Next 32,000
Over 60,000
2" Meter
First 48,000
Next 176,000
Next 256,000
Over 480,000
3.92
5.88
11.76
2.61
3.92
5.88
11.76
Multi -Family (Per Unit)
First 1,700 2.30
Next 3,300 3.46
Next 5,000 5.19
Over 10,000 10.39
Non -Residential (rate per 1,000 gallons)
1" Meter
First 15,000 2.61
Next 55,000 3.92
Next 80,000 5.88
Over 150,000 11.76
1 1/2" Meter
First 30,000
Next 110,000
Next 160,000
Over 300,000
3" Meter 4" Meter
First 96,000
Next 352,000
Next 512,000
Over 960,000
6" Meter
First 300,000 2.61
Next 1,100,000 3.92
Next 1,600,000 5.88
Over 3,000,000 11.76
2.61
3.92
5.88
11.76
First 150,000
Next 550,000
Next 800,000
Over 1,500,000
8" Meter
First 480,000
Next 1,760,000
Next 2,560,000
Over 4,800,000
2.61
3.92
5.88
11.76
2.61
3.92
5.88
11.76
2.61
3.92
5.88
11.76
Alternate Water Source
An additional sixty-five cents ($0.65) per one thousand (1,000) gallons of water consumed per month.
The revenues from these charges are restricted to defray expenses of the city associated with obtaining
alternative water sources in order to comply with the groundwater laws of the State.
Rates for Customers in the Town of Chino Valley
Add thirty per cent (30%) to the above rates.
Rates for Customers Outside City or Town Limits
Add thirty-nine per cent (39%) to the above rates.
CITY OF PRESCOTT - 201 S. Cortez - Prescott, AZ 86303
(928) 777-1291
CITY OF PRESCOTT, ARIZONA
SEWER AND SANITATION RATES
SEWER RATES
Effective 1 /1 /2010
Monthly Base Charge
Volume charge per 1,000 gallons
Monthly Base Charge
Volume charge per 1,000 gallons:
Uniform Non -Residential
Bar w/o Dining Facilities
Car Wash
Dept/Retail Stores
Hospital/Convalescent
Hotel w/Dining Facilities
Hotel w/o Dining Facilities
Laundry, Industrial
Laundromat
Residential
12.54
2.71
Non -Residential
15.18
3.89 Laundry, Commercial
3.89 Markets w/ Garbage Disposal
3.89 Mortuaries
3.89 Professional Offices
3.89 Repair Shops/Service Stations
4.18 Restaurants
3.89 Schools and Colleges
5.01 Septage Haulers
3.89 Grease Disposal
3.89
5.84
5.84
3.89
3.89
6.28
3.89
100.00
270.00
The monthly base charge is in addition to the charge for consumption based on the above
rates. Sewer rates are based on average monthly water consumption during winter months
or the average annual consumption, whichever is less.
SANITATION RATES
Residential
Residential accounts shall be charged a monthly service fee of $14.50. This fee entitles
you to 1 (one) 68 gallon container. Additional containers may be ordered at a charge of
$5.80 each for a minimum of 3 months. Base rate includes a $.50 landfill closure cost.
Commercial
Commercial accounts shall be charged a monthly service fee of $19.15. This fee entitles
you to 2 (two) 68 gallon containers. Call 777-1116 for dumpster sizes and rates.
City of Prescott - 201 S. Cortez - Prescott, Arizona 86303
(928) 777-1291
-12-10)(1).xls Scen 2
Water Rates Scenario 2 (Dan_Jackson_
CIP Scen 2 -- 011210
SCENARIO:
Date: 8/12/2010
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Water Rates Scenario 2 (Dan_Jackson_(1-12-10)(1).xls Scen 2
Date: 8/12/2010
Economists.com 2010 Water and Wastewater Rate Study
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WW_Rate_Scenario 2 (Dan Jackson 1-12-10).xls Scen 2
Date: 8/12/2010
CITY OF PRESCOTT
PROPOSED RATE SCHEDULE
CIP Scen 2 -- 011210
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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.
The Fire Department did not notice any change in call pattern or volume with the gate open or
closed. Over the summer they have responded to four EMS calls, two calls to assist other
agencies and two calls for attempting to burn.
The Police Department had much more involvement and concern with this issue. A full report
of their findings is attached.
City of Prescott Legal staff has issued the following legal opinion: "The City of Prescott was
given a non-exclusive easement from the property owner, Depot Marketplace LLC, pursuant to
the final plat. As such, the municipality (COP) is the holder of the easement at issue. The plat
language only creates an access easement in favor of the City which gives the Council
authority to control the easement. The City has the right to lock the gate. If this option is
elected, (locking the gate) the LLC could later argue the City abandoned the easement.
"Perpetual" in this case means the easement would go to the successor of assigns of the LLC
if the owners were to sell the property. The easement runs with the property. "Non-exclusive"
in this case means the LLC, not the City, can allow other users such as utility companies, to
use the easement."
Council could consider any of the following options:
• Abandon the access easement back to the LLC, abandoning the city's easement rights
under the plat.
• Instruct staff to permanently remove the gate and replace with fencing.
• Instruct staff to allow the gate to remain open.
• Instruct staff to arrange for the gate to be open during daylight hours only. This would
likely require assistance from the Depot Marketplace merchants.
Recommended Action: Council's pleasure
2
1
PUBLISHED IN THE
PR SCO T COURI R N
6aio&. VasQ)
"Mt
INSTRUMENT 4 9026659
OFFICIAL ICIAL.. RECORDS Oi-
YAVAPAI COUNTY
�RrzoN PATSY C. JEWNf: Y
"'4 REQUEST OF:
CITY OF PRESCOTT
DATE: 07/ 1 2./90 TIME: 14 : 00
FEE: 3.00 EC: PT:
BOOK 2269 PACE 014 PAGES: 003
ORDINANCE NO. 2177
INDEXED
MICROFILMED
AN C D]NANCE OF THE MAYOR AND OOJNCIL OF THE CITY OF PRESCOTT, YAVAPAI
OO(JNY'Y, ARIZONA, AMENDING THE ZONING CODE OF THE CITY OF PRESCOTT, ARIZONA,
ADOPTED PURSUANT TO CHAPTER 1, TITLE X OF THE crrr CODE OF THE CITY OF
PRESCO►TT SO AS TO CHANGE CHIN DISTRICT BOUNDARIES AND CLASSIFICATIONS
THEREOF AND AMENDIlIG THE ZONING MAP OF THE CITY OF PRESCOTT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PRESOO►1T AS
FOLLOWS:
SECTION 1. THAT, the following described parcel of land, generally
located at the northeast corner of North Montezuma and Sheldon Streets, in the
City of Prescott, Yavapai Canty, Arizona, shall be and is hereby reclassified
from Flood Plain Conservation District and Business B to Business B zoning
district, to wit:
A11 that portion of Section 33, Township 14 North, Range 2 West, Gila and
Salt River Base and Meridian, Yavapai County, Arizona, more particularly
described as follows:
Commencing at a brass cap marking the East one -quarter corner of aid
Section 33 (the basis of bearings for this description is South 88 47'
25" West, along the East-West midsection line of said Section 33 from
said bras cap to an aluminum cap set in Granite Creek Park); Thence,
South 70 51'43" Welt, 702.60 feet to the TRUE PONNT OF BEGINNING;
Thence, South 56058'46" West, 84.74 feet; Thence, South 63046'42" West,
14$.93 feet; Thence, South 52-35'48" West, 42a.94 feet; Thence, South
50 18'40" West, a78.15 feet; Thence, North 72 57'52" West, 67.57 feet;
There, South 14 18'04" West, 26.72 feet; Thence, South 17-02'09" West,
104.47 feet; Thence, along a curve concave to the left witI4 a radius of
1854.00 feet and a length of 375.58 feet; Thence, South 06 43'35" West,
93024 feet; Thence, South 00'46'43" West, 11A.25 feet; Thence, South
51 35'35" East, 40.73 feet; Thence, South 88 53'46" East, 163.58 feet;
There, along a curve concave to the left with a radius of 562.00 feet
M RE
YAP
iw
125_
B0012269rAcE 14
Ordinance No. 2177 - continued:
and a length of 48.85 feet; Thence, South 03052134" East, 2.50 feet;
Thence, along a curve concave to the left with a radius of 564.50 feet, a
length oo 185.46 feet and a chord bearing North 76 A2'43" East; Thence,
North 69 53'37" East, ,90.92 feet; Thence, South 89 50'13" East 193.47
feet; Thence, South 01 16'15" West 5.96 feet; Thence, South 88052'53"
East, 38.00 feet; Thence, North 00�09'47" East, 82.38 feet; Thence, along
a carve concave to the left kith a radius of 121.40 feet and a length of
96o39 feet; Thence, North 45 19'37" West, 112 06 feet; Thence, North
44040'28" East, A30.75 feet; Thence, North 45019'37" West, 2§2.19 feet;
Thence, North 08 15'27" West, 224.47 feet; Thence, North 37 07'14" East,
194.34 feet; Thence, along a carve concave to the right wroth a radius of
302.13 feet and a length of 39.17 feet; Thence, North 45 27'06" West,
30.38 feet to the TRUE POINT OF BEGINNING;
Containing 660,917 square feet or 15.17257 acres, more or less.
SECTION 2. THAT, the rezoning of the parcels described above is subject
to the following conditions:
1. That there be basic conformancewith the submitted site plan, with
total building area no greater than that shown.
2. That all applicable federal, state, and city statutes, codes,
ordinances and regulations be followed.
3. That there be conformance with the Site Development Guidelines.
4. That the uses permitted under current zoning classifications are
allowed to continue until a building permit is issued for the project
as shown in this request.
5. That cross access easements be recorded for all pertinent park and
depot uses and parking areas.
6. That the center's architecture be the same or a compatible thence as
the depot.
7. That the north and west sides of all buildings facing Granite Creek
Park and Montezuma Extension have architectural treatment consistent
with the front sides. Also, Hoard of Adjustment approval will
determine appropriate screening along the north property line.
8. That the pedestrian acoessways 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.
3OUX22G9PAGE 15
1
1
1
1
1
1
1
4eab,Wbt
MARIE L. WATSON
City Clerk
SEAL
Ordinance No. 2177 - continued:
9. The provisions of this Ordinance are declared to be severable, and if
any section, sentence, clause, term, condition or phrase of this
Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, terms, conditions or phrases
of this Ordinance, but they shall remain in effect, it being the
legislative intent that this Ordinance small stand notwithstanding
the invalidity of any part.
10. The conditions of this Ordinance do not supersede or relieve the
developer from the conditions of the property transfer agreement
related to the transfer of the Santa Fe Depot portion of the site to
the developer from the City.
SECTION 3. TNAT, at least three (3) copies of the zoning map of the City
ooftP of ottsadtd eopted � to Chapter 1, Title X of the City Code of the
shall be filed immediately �fff� iC �� of ts herein,
Prescott and shall be available for public use inspection.
City of
PASSED, APPROVED, and ADOPTED by the Mayor and Council of the City of
Prescott, Arizona, on this / day of ZUA) E , 1990.
ROBERT C. MO GAN, C
Mayor of the City of Prescott
ATTEST:
APPROVED ,�5, TO Fri:
K. KANE GRAVES
City Attorney
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CITY of PRESCOTT
MEMORANDUM
Date: 7/13/2010
To: Tom Guice, Community Development Director
From: Kelly Sammeli, Code Enforcement Supervisor
RE: Contacts with Business Owners at Depot Marketplace
Over the past week I stopped to talk with the proprietors, managers, and or
employees at the Depot Marketplace regarding the locking of the gate to Granite
Park. As I spent a few minutes of time at each of the locations, the overall response
of all I spoke with was to keep the gate locked to the park from the shopping center
location. All felt that there has been an overall improvement. Additional comments
are listed below.
Owner of the Canton Dragon, Meng Tam, indicated that they have not had any
problems with homeless sleeping on their bench in front of their business, people
coming into the restaurant to use the restroom or asking for water since the gate has
been locked. The entire staff feels the locking of the gate has made a difference to
deter the homeless and it has not affected their business attendance at all. They
would prefer to keep the gate locked.
Personal Touch Jewelers, Owner, Jerard indicated that he thought it had decreased
the homeless coming by however, he thought that now they just walk behind the
building. They were also climbing over the fence (was shown the area) but it has
since been fixed. As a business owner he believes it has helped. He has mixed
feelings on the gate being locked as he uses the area personally, but overall as a
business owner in the area he likes it locked. He also has concerns about the back
of Staples where the trucks enter in from 6th street. He further indicated that the
homeless hang out back there.
The manager, Keith and employee, Margaret, of Cost Cutters, indicated that they
did not see it deterring the homeless. They still encounter at least four or five
persons a day. Keith stated that they come in to the shop to ask for water or wait
outside to pan handle people who are leaving. Keith also noted that they have to go
along way to the dumpster location and because it is in the back of the building they
try to take the trash out in the middle of the day. (It is my opinion that they do not
send the homeless away but help them). They were neutral in the locking of the
gate.
The Manager David and Employee Vicki, of the Framers Market, both indicated that
it was helpful to the area and they prefer to keep the gate locked. They both believe
that it has deterred the homeless from coming into the area.
3/3/2010
Mike and Terry Johnson, Owners of All Gods Children, indicated that they were
thankful that the gate had been locked and they believe that it has been better. They
further noted that in the four years of being located in the Depot Marketplace they
have witnessed a lot of response from PD and Fire to aid the homeless. As
business owners in the area, they would like to keep the gate locked. They also
noted that they have been approached from a bike club to sway them to open the
gate. Overall they were very pleased and asked that I convey their thankfulness to
the City Manger for taking the area and problem on.
Check and Go is closed down and vacant.
The French Hen, specialty store for woman is owned by David Homer. Mr. Homer
noted that there has been a reduction of the homeless being seen in the front area
of the shopping center however he felt that they were gathering in the location
behind Staples and Albertsons. He also did not like the fact that people can come in
and park with RV's in the parking lot. He did indicate that the gate should stay
locked if PD could do something about the area behind the stores. Overall, he was
very vocal about what was wrong but could not offer suggestions about how to fix
the problem.
Assistant Manger of Staples, Pat McFarland indicated that the locking of the gate
has been positive. They would prefer to have the gate permanently locked.
Gwen Lelushe, Manager for Fresh Vitamins indicated that she believes it has not
helped and that she still has to run off pan handlers from in front of the store. She
indicated that she was part of the greenway society and that the gate should stay
open. She took me through the back of the store and pointed to a makeshift tree
house that she believes is being utilized by homeless possibly due to the trash
location of Albertsons. She does not want the gate to be locked but wants more
security in the shopping center.
Walgreen Drug Store Manager, Matt Cushman, indicated that the locking of the gate
has helped deter the homeless into the area. Their thief rate is down. As well as the
calls for service to PD. Mr. Cushman noted that the staff and customers have stated
that they are not so concerned about their safety at night. I also spoke to an
employee (front line cashier) who did not want to provide their name. They noted
that the cameras that are utilized within the store are for the cash register only. The
liquor should not been located at the front of the store and it is not monitored.
(Added that the cameras were just dummies and not even hooked up.)
Lastly I spoke with several front line store employees and the store director, Bill
Smith at Albertson's. This was interesting because all the employees have been
talking about the gate situation and how it has helped with reducing theft however
there has been no discussion on the part of management. They also indicated that
they like the fact that people can't enter into or from the area after dark. Mr. Smith,
the store director indicated that they would remain neutral. He indicated from the
3/9/2010 2
cooperate standpoint there is no concern however from his personal point it has
helped. He added that they lock the doors at the north end at 6PM. The theft of
liquor has been reduced because people can't just run into the park and hide.
Additionally several of the merchants took me out the back door to show me there
areas of concern. I can show the locations with a site visit if needed.
Code Enforcement Supervisor
Kelly Sammeli
3/9/2010
3
°ITYOF PR.ESCOTT
1:1)cw4 ttmeiaut�
Steve Norwood
City Manager
Prescott Police Department
MEMORANDUM
To: Chief Kabbel
From: Bruce Moncher
Date: August 12, 2010
Subject: Granite Creek Park Pedestrian Gate
Michael Kabbel
Chief of Police
PROBLEM STATEMENT
Should the pedestrian gate leading from the Prescott Depot Marketplace down to Granite Creek Park
remain opened or permanently locked closed?
METHODOLOGY
1. Conduct a survey of Patrol Bureau and Traffic Section officers and sergeants to gain field
perspective.
2. Conduct a statistical comparison of reported Part 1 and Part 2 incidents occurring during the
recently concluded gate closure period, and the same period in 2009. This comparison will
include both the Prescott Depot Marketplace and Granite Creek Park
NARRATIVE
1. Survey of Patrol Bureau and Traffic Section personnel revealed a large majority favor the gate to
be permanently closed and locked. Statements in support of this position included:
• "Almost all crimes committed at Albertsons and surrounding businesses are linked to Granite
Creek Park. Specifically, the suspects either run through the open gate to escape, or came
from there prior to committing the crime."
• "Normal everyday citizens do not use this gate to access the park. They drive in from the
entrance on 6th street."
• "People use the gate as a cut through from the neighborhoods on the other side of the bridge
and are walking through the park at all hours of the night."
• "It does not make the trip from the park to the area in front of Staples accessible to those who
want to sit and drink alcohol they just purchased."
222 South Marine Street, Prescott, Arizona 86303 Administration 928-777-1900
Fax 928-778-3739 www.prescott-az.gov
• "Deprives suspects the ability to use it as an escape route or having a car parked in Granite
Creek Park that can be out of sight and then driven away, potentially unnoticed."
• "Prevents almost everyone who commits a crime in the area of Albertsons an avenue of
escape. It stops foot traffic in the park, especially at night. Allows only one way in and out."
• "Transients will still shoplift and enter the park, but it delays them by making them go
around."
Statements in support of keeping the gate open include:
• "Keeping the gate open offers a tactical advantage of a three-way approach into the park
during a response."
• "While working the area on a mountain bike, it was more difficult to get into the park with the
gate closed. Also, entry into the park becomes more tedious. You can crawl under or go over
the fence, but this is not practical for everyday occurrences while in uniform."
• "Keeping the gate open allows traffic officers to go through the gate on a motorcycle and
assist others looking for persons of interest or suspects without going all the way around. On
several occasions, this has lead to the identification of a suspect that patrol was looking for."
2. Debbie Horton, Parks and Recreation Director, advised that a closure of the pedestrian gate
occurred during the period of May 11, 2010 through July 19, 2010. An analysis of Part 1 and
Part 2 crimes reported during this period within the Prescott Depot Marketplace revealed 22 total
incidents. These include:
• Larceny From Auto -
• Larceny/Other -
• Misc Off/Other
• Viol City Ordnance -
• Robbery/Strong-arm
2
2
3
2
1
Larceny/Auto Accessories - 1
Shoplifting - 8
Trespassing - 2
Other Assault/Resisting - 1
In comparison, the same period during 2009 revealed 31 total incidents.
• Aggravated Assault -
• Marijuana Possession -
• Larceny from Auto -
• Shoplifting -
• Misc Off/Other -
• MVT -
• Vandalism -
1 Disorderedly Conduct -
1 Forgery -
1 Purse Snatch -
12 Liq Law Violation -
5 Trespassing -
Other Assault -
1
1
These include:
2
1
1
1
2
2
This statistical comparison of 2010/2009 indicates a 29% decrease in total reported incidents
during the pedestrian gate closure. Moreover, shoplifting offenses decreased 33% during this
same period.
222 South Marina Street, Prescott, Arizona 86303 Administration 928-777-1900
Fax 928-778-3739 www.nrescott-az.eor
Additionally, although not categorized, during the same period in 2008 our Department
responded to 33 Part 1 and Part 2 crimes. Again, when compared to the number of reported
incidents during the pedestrian gate closure period, a 33% reduction in crime reports resulted.
3. To provide further statistical background, I conducted an analysis of Part 1 and Part 2 crimes
reported within the Prescott Depot Marketplace during the period of March 10 through May 10
(pedestrian gate open) for both 2010 and 2009. The results of these analyses are detailed below:
2010 revealed eight total incidents. These include:
• Aggravated Assault -
• Larceny/Bicycle -
• Viol City Ordnance -
• Robbery -
1
1
1
1
Drug Possession -
Shoplifting -
Child Neglect -
2009 revealed nine total incidents. These include:
• Aggravated Assault -
• Larceny/Other -
• Misc Off/Other -
1
2
1
1 Disorderly Conduct - 1
1 Shoplifting - 5
1
4. To ascertain crime reports within Granite Park itself, I conducted an analysis of Part 1 and Part 2
crimes occurring during the period of May 11, 2010 through July 19, 2010 (pedestrian gate
closed) and May 11, 2009 through July 19, 2009 (pedestrian gate open). The results of these
analyses are detailed below:
2010 revealed four total incidents. These include:
• Arson -
• Vandalism -
1
2009 revealed 13 total incidents. These include:
• Arson -
• Open Container -
• Misc Off/Other -
• Robbery -
• Vandalism -
1
1
2
1
1
Robbery -
Misc Off/Other -
1
1
Marijuana Possession - 2
Trespassing - 1
Viol City Ordnance - 1
Assault/Simple - 3
This statistical comparison of 2010/2009 indicates a 69% decrease in total reported incidents
within Granite Creek Park during the pedestrian gate closure period.
CONCLUSION
Clearly, significant crime reduction, both within the Prescott Depot Marketplace and Granite
Creek Park, occurred during the period of pedestrian gate closure. Moreover, it is the perspective
of a majority of patrol officers and supervisors that the crime reduction and prevention realized by
222 South Marina Street, Prescott, Arizona 86303 Administration 928-777-1900
Fax 928-778-3739 www.prescott-az.gov
a permanent gate closure offsets the potential tactical disadvantage and other inconveniences that
may occur.
Notwithstanding the above, this analysis does not address possible crime prevention issues, such
as placement of alcoholic beverages in close proximity to a store entrance/exit, associated with
specific business practices within the Prescott Depot Marketplace.
222 South Marina Street, Prescott, Arizona 86303 Administration 928-77'-' 9w)
Fax 928-778-3739 www.prescott-az.gov