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HomeMy WebLinkAbout2015 Ordinance No. 001• ORDINANCE NO. _j__ SERIES OF 2014/2015 BY AUTHORITY COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER McCASLIN AN ORDINANCE AMENDING TITLE 2, CHAPTER 8, ENTITLED KEEP ENGLEWOOD BEAUTIFUL COMMISSION OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the Englewood City Council wishes to reduce the membership of the Keep Englewood Beautiful Commission (KEB) from fifteen (15) to nine (9) members. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TIIAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 2, Chapter 8, entitled Keep Englewood Beautiful Commission• of the Englewood Municipal Code 2000, to read as follows: 2-8-1: Commission Established; Membership and Terms. There is hereby established a Keep Englewood Beautiful Commission an affiliate of Keep America Beautiful, Inc. of the City of Englewood, to be of fiftees (1 S) nine (9} persons to be appointed by the City Council. All commission members will be appointed to overlapping terms of two years. The City Council shall make appointments to fill vacancies for unexpired terms. 2-8-2: Organization and Meetings. A. In November of every year, the Keep Englewood Beautiful Commission shall select its chairperson and vice chairperson for a one-year term. The chairperson and vice chairperson shall be entitled to enter into all discussions of the commission and to vote on all questions before the commission. The chairperson shall be the presiding officer and shall have such other and further duties as may be designated by the rules and regulations of the commission. When the chairperson is absent, the vice chairperson shall serve as the presiding officer. B. A simple majority of the duly appointed members of the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, such members as are present may adjourn from time to time until a quorum is present. 9 b i I 2-8-3: Powers and Duties. The Keep Englewood Beautiful Commission shall have the following powers and duties: A. Be advisory to the City Council in all matters pertaining to Keep America Beautiful, Inc. B. Act as a sounding board of the community and gather and assess the facts and data necessary to make sound recommendations to the City Council in providing Keep America Beautiful services. The commission, may form committees made up of commission members as well as citizens as needed, to research programs that call for extensive time and discussion. These committees will be advisory only to the commission. C. Adopt rules and regulations for the conduct of the commission meetings and duties of its officers and committees. D. At a minimum meetmemhly quarterly. E. Develop programs and services that increase citizen commitment to and responsibility in issues relating to waste reduction, environmental protection and Section 2. Safety Clauses. The City Council hereby finds, determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and • welfare. The City Council further determines that the Ordinance bears a rational relation to the • 'proper legislative object sought to be obtained. Section 3. Seyerability. If any clause, sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application lo other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, amended and passed as amended on first reading on the 15th day of December, 2014. r • • Published by Title as an amended Bill for an Ordinance in the City's official newspaper on the 19th day of December, 2014. Published as an amended Bill for an Ordinance on the City's official website beginning on the 17th day of December, 2014 for thirty (30) days. Read by title on final reading on the 5th day of January, 2015. Published by title in the City's official newspaper as Ordinance No . ..L_, Series of 2015, on the 9th day of January, 2015. Published by title on the City's official website beginning on the 7th day of January, 2015 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. j_, Series of 2015. COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 15, 2014 11 a ii Keep Englewood Beautiful Organization Amendments Initiated By: Staff Source: Community Development Department Audra Kirk, Planner I Harold J. Stitt, Senior Planner PREVIOUS COUNCIL ACTION Council created the Keep America Beautiful Commission by Ordinance No. 50, Series of 1990 codified in Title 2 Chapter 8 of the Englewood Municipal Code, as amended. Council, by Resolution No 56, Series of 1991, authorized the Keep America Beautiful Commission to use the descriptor Clean, Green, and Proud Commission. Council, by Ordinance No. 13, Series of 2000 approved the renaming of the Keep America Beautiful Commission to the Keep Englewood Beautiful Commission. RECOMMENDED ACTION Staff recommends Council approve an ordinance amending Title 2, Chapter 8, Section 1 that reduces the number of persons to be appointed to the Keep Englewood Beautiful Commission from fifteen to nine, and amending Title 2 Chapter 8, Section 3 D that reduces the minimum number of meetings from monthly to quarterly. BACKGROUND AND ANALYSIS At the June 2014 Keep Englewood Beautiful Commission (KEB) meeting the Commissioners discussed ongoing membership and attendance issues. Over the past few years, it has become increasing difficult to achieve a quorum for the monthly meeting. In 2014, three meetings were canceled due to lack of a quorum. This may partly be due to the size of the Commission. At fifteen members, KEB is the largest commission, whereas nine is the usual membership number for other boards and commissions. Even though the municipal Code prescribes the Commission to be made up of fifteen members, in recent years, the pool of community members willing to serve has not be sufficiently large enough for Council to fill positions on all boards and commissions. Another factor that may be affecting meeting attendance is the Commission's yearly work program. KEB's projects are not evenly distributed throughout the year with the major projects occurring in the latter half of the year. Recognizing that the required membership number and meeting frequency set forth in the Municipal Code does not equate to a more or less effective commission or more or less successful programs and projects, Commissioners, at their June 10, 2014 meeting, moved to request Council amend the quorum from a simple majority of duly appointed members to one-third of the duly appointed members plus one. The Commissioners also moved to request Council to reduce the required meetings from not less than monthly to not less than quarterly. At the November 24, 2014 Study Session, Council members discussed KEB in light of the foregoing issues and directed staff to prepare an ordinance amending the membership requirement. Staff agrees that reducing the membership from fifteen to nine is a more appropriate action than a reduction in the quorum requirement. Staff also concurs with the Commission that a reduction in the minimum number of meeting from monthly to quarterly is appropriate and will not in any way impair the effectiveness of KEB or the success of it programs and projects. FINANCIAL IMPACT The proposed amendments will have no financial impact to the City. ATTACHMENTS June 10, 2014 KEB Minutes Proposed Bill for Ordinance ood llctautilul KEEP ENGLEWOOD BEAUTIFUL MINUTES June 10, 2014 1. Meeting Opening The meeting was called to order at 6:30pm in the City Council Conference Room by Justin Geissler . 2. Roll Call Present: Bruce Werner, Jennifer Jones, Jessie Van Gundel, Justin Geissler, Matthew Dillin, Steven Scott, Tanya DeNorch, Christine McGroarty Absent/Excused: Brenidy Rice, Brittany Yepsen, Kaylene Mccrum, Leah Buchanan Absent/Unexcused: Allie Moore, Roger Mattingly Guest: Louis Fowler ~ 3. Approval Minutes Motion: Approve the April 8, 2014 Minutes. Moved by Steven Scott; Seconded by Tanya DeNorch. Motion carried by unanimous vote. 4. Old Business • T-Shirt Update: Audra circulated the artwork for the T-shirts for input. It was the consensus of the El Commission to use the original "tree" logo. 5. New Business • Bylaw Amendments: The Commission discussed amending the Bylaws that meetings will be held at least quarterly and a quorum would be defined as 1/3 of the appointed Commissioners, plus 1. Motion: Amend the Keep Englewood Beautiful Bylaws to reflect the Commission will meet a minimum of quarterly, rather than monthly. Moved by Steven Scott; Seconded by Christine McGroarty Ayes: Jennifer Jones, Jessie Van Gundel, Matthew Dillin, Steven Scott, Tanya DeNorch, Christine McGroarty Nays: Bruce Werner, Justin Geissler Motion passed; 6 in favor; 2 opposed . Motion: Amend the Keep Englewood Beautiful Bylaws to define a quorum as one-third of the appointed Commissioners, plus one member. Moved by Steven Scott; Seconded by Christine McGroarty Motion passed unanimously. • Flower Beds: The Recreation center flower beds are planted. The flower beds at Cushing Park need to be cleaned. Audra circulated a sign-up sheet. • Clean-up Coupons: Audra circulated the sign-up sheet. The Commission discussed the possibility of having the discount coupon in the Englewood Citizen. • Funfest: The event is scheduled for August 9. The Commission discussed creating a brochure or handout promoting the Commission. Motion: Pay Elizabeth Afshar $200 for Funfest activity. Moved by Steven Scott, Seconded by Justin Geissler. • Volunteer Recruitment: The Commission discussed holding an event to recruit volunteers . • Great American Clean up (Graffiti Removal): Commission is partnering with Police Department on July 19 and August 16. e • Nextdoor: It is a free private social networking website for connection with your neighbors. 6. Unscheduled Public Comment Mr. Fowler stated that the City's alleys are an eyesore. He suggested methods of improving the alleys for a consistent look without paving. 7. Staff's Choice The Board/Commission appreciation event is scheduled for June 30, 6pm. Audra asked Commissioners to email her if they are attending. 8. Council Member's Choice The Commission briefly discussed the previous garden tours and the lack of participation. 9. Commissioner's Choice Commissioners had nothing further. 10. Adjourn There was no further business. The meeting adjourned at 7:50 pm /s/ Nancy G. Fenton Nancy G. Fenton, Transcriber