Councilman Roecker stated that safety trumps convenience.

Throughout the examination of this issue, comments from the public included pleas and veiled threats of lawsuits. Questions were raised about the current validity of the traffic studies being used. Even the rights of the javalina to roam freely without impediment were brought up.

But, in the end, it all came down to an issue of safety as far as the Council was concerned. Projecting an increase of traffic by 200-250 cars on Downer Trail and Oregon Avenues, Engineering Services Director Mark Nietupski explained, "One thing we can say with certainty is if the gate is opened, traffic volume will increase on South Downer Trail and Oregon Avenue, and continue to do so in the future until full build-out of the area is achieved... There would be an increase, and we believe considerable, on Downer Trail and Oregon Avenue."

Nietupski discussed the city staff concerns, saying, "As you recall, Downer Trail, south of Sierry Peaks, is narrow, twisting and steep. Oregon Avenue is also narrow. Neither of those streets has pedestrian facilities. And the configuration of both of those as they exist, would make them undesirable for increased traffic volumes without provision of those pedestrian facilities."

Councilman Lamerson asked Nietupski, "If I've read all this stuff correctly, staff doesn't think that any significant increase on that road is safe, or that the road wasn't really designed for it, and can't handle any increased capacity without going in and doing some significant remodel of the road, which would include accomodations for the pedestrians, etc. Have I missed anything there?"

Nietupski agreed that Councilman Lamerson understood the situation correctly. When asked if there were any future plans to do those improvements, Nietupski replied, "Oregon Ave. was identified as one of the programs under the 1¢ fund, and in the second round of programs. It hasn't been programmed at this point in time. If we are to go forward with that project, it will require a number of things. It will require additional funding, which we're already having some issues with that program, as you know. It will require considerable neighborhood input with respect to the modification of the street section as it relates to Oregon Avenue. The situation there is many of those homes are sitting in close proximity to the rightaway, meaning there is no setback. So, any improvements to the roadway, will affect the right of way that they currently use for parking their vehicles, and for what limited pedestrian use they do take advantage of."

Lamerson said, "It almost sounds to me that what you're saying is there's no fiscally prudent way to accomplish widening and improving these roads at this particular point in time."

Nietupski agreed.

Mayor Jack Wilson said that he received an email from a citizen threatening a class action lawsuit if the gate were not opened. He reported on his subsequent consultation with City Attorney Gary Kidd, "Regulations and decisions regarding city streets fall within the police powers of the city. Basically he says that if we decide to keep this gate closed, we should include a provision that it's not a final decision, but it could be opened pending reconstruction, engineering and funds, etc."

In response to a question by Councilman Luzius, Kidd also added, "If the street hasn't been traditionally opened in the form that it's in, you have a great deal of discretion in deciding when, if ever, and what point at time will you open it, and under what circumstances. That's what gives you greater power in this case."

Councilman Bob Roecker stated, "The way I'm looking at this is that one of the responsibilities of anybody on this council is the safety of the citizens, and I think that there are ways to look at this particular issue, and one is that we would figure out an engineering fix, and what that would mean to me is that we would have to completely restructure Downer Trail and Oregon... The other way, to try to maintain safety is to do it administratively. And what that gate represents to me is an administrative posture on the part of the City of Prescott to tell the citizens is that we don't feel that driving back and forth on Downer Trail and Oregon is the prudent thing to do the way they are currently structured, except for general traffic for the area... In this particular case, I think the safety of the citizens trumps the convenience of somebody wanting to take that shortcut, and I'm in favor of keeping the gate closed."

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