6.
City Council Work Session
- Meeting Date:
- 05/12/2015
- From:
- Michelle D'Andrea, City Attorney
TITLE:
Consideration of non-substantive revisions to the Flagstaff City Code
RECOMMENDED ACTION:
Discuss potential City Code revisions.
Executive Summary:
Council may revise the City Code to:
1. Provide an efficient process for correcting the Regional/General Plan;
2. Repeal regulations of Lake Mary because the City lacks jurisdiction;
3. Allow the Clerk to format and make technical corrections to the City Code;
4. Repeal provisions regulating damage to public ways because Arizona statutes are sufficient; and
5. Provide a penalty for unlawful parking in a municipal lot or parking contrary to signs or regulations.
1. Provide an efficient process for correcting the Regional/General Plan;
2. Repeal regulations of Lake Mary because the City lacks jurisdiction;
3. Allow the Clerk to format and make technical corrections to the City Code;
4. Repeal provisions regulating damage to public ways because Arizona statutes are sufficient; and
5. Provide a penalty for unlawful parking in a municipal lot or parking contrary to signs or regulations.
Financial Impact:
None.
Connection to Council Goal and/or Regional Plan:
COUNCIL GOALS:
7) Address key issues and processes related to the implementation of the Regional Plan
8) Improve effectiveness of notification, communication, and engagement with residents, neighborhoods and businesses and about City services, programs, policies, projects and developments
7) Address key issues and processes related to the implementation of the Regional Plan
8) Improve effectiveness of notification, communication, and engagement with residents, neighborhoods and businesses and about City services, programs, policies, projects and developments
Previous Council Decision on This:
No.
The Planning and Zoning Commission recommended in favor of these changes at their meeting on April 22, 2015. They asked for clarification that the General Plan is the same as the Regional Plan. They also asked for a definition of the term "Planning Agency."
The Planning and Zoning Commission recommended in favor of these changes at their meeting on April 22, 2015. They asked for clarification that the General Plan is the same as the Regional Plan. They also asked for a definition of the term "Planning Agency."
Options and Alternatives:
Amend the City Code as recommended or as Council sees fit.
Background/History:
The City Attorney's Office occasionally asks Council clean-up some provisions of the City Code. This section will provide brief information about the proposed changes.
Title Eleven: General Plans and Subdivisions
Our Comprehensive Planning Manager, Sara Dechter, plans to proceed with some corrections to the Regional Plan. The City Code does not have an efficient process for making corrections. Ms. Dechter will also soon bring to Council the La Plaza Vieja Neighborhood Plan. The City Code provisions regarding specific plans do not always contemplate neighborhood plans. Some changes to the Code are proposed to harmonize the Code with the typical process for a neighborhood plan.
Title Nine: Traffic
The regulation that prohibits illegal parking in City parking lots and prohibits parking contrary to City traffic signs has an incorrect reference to another section of the City Code. The reference must be corrected to enable our municipal judges to enforce the regulation.
Title Eight: Public Ways and Property
In 1952 the City Council adopted regulations covering fishing, hunting and all other forms of public recreation within an area around both Lakes Mary. We no longer have a basis for exercising this type of jurisdiction over the area. So, the regulations should be repealed. The United States Department of Agriculture and Arizona Game and Fish have a regulatory scheme for fishing, hunting and public recreation within this area.
Title Six: Police Regulations
Over a period form 1894 to 1964 the City council adopted ordinances regulating damage to public ways and property. The same behavior is regulated by state statute. The City regulations do not enhance the state statutes, therefore the City regulations should be repealed.
Title One: Administrative
The City Council typically gives the City Clerk authority to make technical corrections to ordinances. This authority it written into each ordinance that Council adopts. Rather than asking for this authority in every ordinance, it would be more efficient to allocate this authority to the City Clerk in the City Code.
Title Eleven: General Plans and Subdivisions
Our Comprehensive Planning Manager, Sara Dechter, plans to proceed with some corrections to the Regional Plan. The City Code does not have an efficient process for making corrections. Ms. Dechter will also soon bring to Council the La Plaza Vieja Neighborhood Plan. The City Code provisions regarding specific plans do not always contemplate neighborhood plans. Some changes to the Code are proposed to harmonize the Code with the typical process for a neighborhood plan.
Title Nine: Traffic
The regulation that prohibits illegal parking in City parking lots and prohibits parking contrary to City traffic signs has an incorrect reference to another section of the City Code. The reference must be corrected to enable our municipal judges to enforce the regulation.
Title Eight: Public Ways and Property
In 1952 the City Council adopted regulations covering fishing, hunting and all other forms of public recreation within an area around both Lakes Mary. We no longer have a basis for exercising this type of jurisdiction over the area. So, the regulations should be repealed. The United States Department of Agriculture and Arizona Game and Fish have a regulatory scheme for fishing, hunting and public recreation within this area.
Title Six: Police Regulations
Over a period form 1894 to 1964 the City council adopted ordinances regulating damage to public ways and property. The same behavior is regulated by state statute. The City regulations do not enhance the state statutes, therefore the City regulations should be repealed.
Title One: Administrative
The City Council typically gives the City Clerk authority to make technical corrections to ordinances. This authority it written into each ordinance that Council adopts. Rather than asking for this authority in every ordinance, it would be more efficient to allocate this authority to the City Clerk in the City Code.