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HomeMy WebLinkAbout2000 Ordinance No. 009• ORDINANCE NO . !J_ SERIES OF 2000 3Y AUTHORITY COUNCIL BILL NO. 10 INTRODUC ED dY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDIN G TITLE 2. CHAPTER 10, OF TUE ENGLEWOOD MU NIC IPAL CODE 1986 , PE RTAI NING TO THE ENGLEWOOD CODE ;;:,1''lRCEMENT ADVISORY COMMITTEE. WHEREAS , the City Counctl has reviewed thia Ordinance in the procesa of appointing members to the Englewood Code Enforcement Advisory Committee; and WHEREAS , the Ci ty Council feela it to be appropriate to reduce the number of members from 11 to 7; and WHEREAS, the City Council fee la it appropriate to remove the Sunset Proviaion and make this an on-going Commission ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO UNCIL OF TH E CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sil:l;iwu. The City Collllcil of the City of Englewood, Colorado hereby authorizes amending Title 2, Chapte r 10, Section 2, of the Englewood Municipal Code 1986, which shall read as follows : 2-10-2: COMPOS~TION AND MEMBERSHIP: THE COMMITTEE WILL BE COMPRISED OF~~ SEVEN (7) MEMBERS APPOINTED BY Cl'l'Y COUNCIL; AND THREE (3) EX -OFFICIO STAFF MEMBERS APPOINTED BY THE CITY MANAGER AND TWO (2) COUNCIL LlAISON MEMBERS . 'AIERE SIIAM. BE QNE !I) IIEMBER FRQII 'RIE BUSIIIESS GQIDIU>ll'l'¥, 9>1£ !I) IQllll!ER FRQM TUE GIIMll!ER QF GQHliERGE, TWQ (II) IIEHIIBR8 l'RQM 'AIE Gb&MI, QREEII Mm PRQOO GQIDH881QH , 'IWQ !8) IQllll!BRS l'RQM EIIGbSWQQEl FQGUSIHG QN TQHQRR9'1/ (Ei'Q<!'), .Y.m !5) Fl\!E MEMBERS AT 1./,RGE GP"EH TQ GEQC RAPIIIG REPRl!illEIITATIQN. llQ'AI '!'HE EllGEP'l'IQII QF R8PR88Em'.¥I'Wl!l8 FGR 'l'HE BUlllllESll GQIDIUlll'l'¥, ALI, IQllll!ERB Sl!Al,L RESIElE W~'All>l 'RIE GIT¥ QF E>IGi,Ell<OOEl. ~-The City Council of the City of Englewood, Colorado hereby authorizes repealing Title 2, Chapter 10, Section 7, of the Englewood Muni ci pal Co<le 1985, in its entirety. ~ SUIISET PR9¥181Qlh 'RIE GQElE Ellf'QRGEMEIIT MlVISQR¥ GQMUIT'l'EE Mm TUE PRQI/WIQIIS QF TITbS a, Gll/.¥FER 18 , BIIALb TERMIII/.TE IN FP'E !5) YE/.,'ll, UIIUlBll 'RIE G9111'HTTEE Alm TUE PRQlQll!Qllll QF TITi,E 2, GllAPTER 19, ARE RSIIEWEEl 8¥ GQUIIGII, QREllll.\llGE . -1- ~-Safety Gl•YHI The City Council, here by lind1. determine,, and declan1 that thio Ordinan<e ii pramulpted under the pneral police power of the City of Enslewood, that it ii promulpted for the health, oafet+', and welfue of the public, and that thil Ordinance ii neceNary for the preoervalion of health and ilafety and for the protection of public convenience and welfue . The City Council further detenniL1t that the Ordinance bean a rational relation to the proper Jepalative object 10uaht to be obtained. ~-S.yer1bjljty If any clauae. aentence , paregraph, or pert of thia Ordinance or the applicotion !!tereof to any pereon or cin:umatances ahall fnr any reaaon be adjudged by a court of competent jurildiction invalid. ouch judpent shall not affect impair or invalidate the remainder of thia Ordinance or ite application to other penon, or circumstances. ~ lnmneintcnt OnUnancn1 All other Ordinancea or portiona tlereof inconaiatent or conflictins with thil Ordinance or any portion hereof are he,,,by repealed to the extent of such inoonaiatency or conflict. Introduced, read in full, and puoed on fint reading on the 22 .. day of February, 2000. Publiebed aa a Bill for an Ordinance on the 25th day of February, 2000. Read by title and paRSed on final reading on the 6th day of March, 2000. Published by title a• Ordinance No . .!l Series of 2000, on the 10th day of March. 2000. I, Loucriahi a A. Ellie, City Clerk of the City of Enpewood, Colorado, hereby certify that the above and foregoing is a t rue copbof t he Ordinance p aed on final reading and publiehed by title as Ordinance No . ~ Serie• of 2000. -2- • • • COUNCll, COMMUNICATION Date February 22, 2000 Agenda Item Subject Ordinance Amendment to Title 2, Chapter 8, Keep America Beautiful Commission IOai INITIA TIW BY STAFF SOURCE I Co mmL ,;,,.)' Development Kate Newman, Planning Technician, I Tricia Langor., Planner COUN Ch , ',OAL AND PREVIOUS COUNCIL ACTION There ho , ti<' ~n no previous Council action on this request. RECOMMElliDED ACTION Staff r2commends that City Council set a public hearing for March 20, 2000 to consider public re.,J;,;u1 1y on proposed amendments to Title 2, Chapter 8, Keep Americ~ Beautiful Commission cf the Englewood Municipal Code. Proposed amendments will incorporate a proposed name update and are intended to reflect the Commission· s current mission while being more consistent with other Commissions' Ordinances. BACKGROUND, ANALYSIS, AND AL TERNA TIV~ IDENTIFIED Council amended the Englewood Municipal Code by Council Bill 52 of 1990 to establish the Keep America Beautiful Commission, provide for its organization and set forth the powers and duties of the Commis r ion. The Commission was based on the Keep America Beautiful, Jnc . System, a national , no11-profi1 public ~~Jucation organization dedicated to improving the quality of life in American communities . In 1991, Council approved a resolution officially authorizing the Commissi on to use the description '"The Englewood Clean , Green and Proud Commission". This description was chosen to distinguish the Commission from the national organization and became pan of th e Commission's logo. Clean, Gre en and Proud h~s been a solid name for the pa.st decade describing the Commission's themes of litter prevention , environmental protection and community pride . However, the public also recognizes the Keep America Beautiful name and the Commission feels a more easil) recognizable identity is imponant to advancing its mission . Keep America Beautiful, Inc ., as pan of the Agenda 2000 planning process, has asked affiliates to unite the "affi.lial~ network under a common name ... to increase national recognition of our collective, posit ive effons and , in tum , a11rac1 new volunt eers, donors and partners ." The Commission discussed and recommende the following additional am, .dments to the Ordinance . Ser.ti c ,, 2-8-1: Membership and Terms. Decrease the term from four years to two years . The Commission has struggled wit~ retaining members and feels that ii is more realistic for people 10 commit 10 a two-year appointment. Section 2-8-2: Organization and Meetinas . Chan~c selection of a Chair and Vice Chair from • March lo November and length of tenn from two year;) lo one year. Currently, the Commission selects a Chair and Vice Chair in March . This change would permit tbc Commiuion to beain each calendar year with a new Chair and Vice Chair. Section 2-8-3: Powers and Duties . Eliminate certain powers and duties and replace with powers and duties that more accurately reflect the Commission 's current mission. Paragraphs A, D, and E regarding the Commission's advisory role, rules and regulations, and monthly meetings should remain . Changing paragraph C to allow subcommittees to fonn as needed, rather than with Council approval, will encourage more flexibility and a quicker response rate . Currently , the Comm ission does not prepare master plans (paragraph B), develop behaviorally- based approaches to litter prevention (paragraph F), improve waste handling practice.~ and personal practices and attitudes (paragraphs G and H), eliminatr. specific sources of liner (paragraph I), or create citizen ownership and sense of responsibilit) -. was te (paragraph J). The Commission feels that these duties arc too specific, restricting the C. ,nmisi:ion from addressing the community's current and pressing needs. Broadening this sectior 1!low:; the Commission to be more flexible with program development and service delivery of programs and services that increase citizen ownership and responsibility in issues relating to waste reduction, environmenL I protection , and nei~l,borhood beautification. ALTERNATIVE AMENDMENT Based on discussion to improve the manageability and effectiveness of the Commission at the City Council study se.!ision on February 14, 2000, an additional change may be made to this ordinance as follows: I move to amend Council Bill 9 10 change Title 2, Chapter 8, Section I to reduce the number of persons appointed 10 the Commission from 15 to 9. FINANCIAL IMPACT No financial impact 10 the City is identified . LIST OF ATTACHMENTS Bill for Ordinance Keep America Beautiful letter • • Memo To : Through: From : Date : Subject: Ci!)•Council Bob Simpson, Community Development Director Dan BrJtzman , City Attorney Kate Newman, Planning Technician ,I.- Clean , Green, ar.d Proud Commission January 24 , 2000 Clean , Green, and Proud Ordinance Revision KEEP ENGLEWOOD BEAUTIFUL ~~-&-........ I' The Clean, Green, and Proud Commission met on J1111uarv 11, 2000, to discuss proposed revisioas to Title 2, Chapter 8: Keep America Beautiful Commission of the Englewood Municipal Code . The Commission feels that rev:sions to the Ordinance are necessary to better rellect its current mission, be more consistent with other Commissions' Ordinances, and incorporate its proposed name change . A stu,!y session is scheduled for mid-February, at which time the Commission will request Council's input on the following proposed revisions. Following Council's input, the City Attorney's Office will draft a revised Ordinance. Throughout the entire Ordinance • Change Keep America Beautiful Comrmssion to Keep Englewood Beautiful. In Section 2-8-1 (Commission Est1blished; Membership and Terms) • Keep the first paragraph regardin1i a 15-fersou commission. • In the second paragraph, change the appointd tt1m from four (4) years to two (2) years. In Section 2-8-2 (Organization and Meetings) • A. Change the mer.th of selection of a chairperson and vice chairperson from March of every even -numb, red year :o November of every year. Aiso. change the length of term from two (2) years to ',ne (I) year . • B. Keep this paragraph regardin g the simple majority. Keap Englewood Beautiful City of Englewood 3-lOO Sou:h Elati Street Englewooo , CO 80110 (303) 762-2342 In Sedton 2-1-3 (Powm and Duti~) • A. Be advisory to Cit), Council in all mattm pertaining to Keep America Beautiful , Inc . • B. Eliminate paragraph B regarding an Englewood Master Plan .. • C. Change wording so that the Commission may form committees as needed rather than only with the approval of CoW1cil. • D. Keep paragraph D regardinP, rules and regulations . • E. Keep paragraph E regarding monthly meetings . • F though J. Eliminate paragrapb., F through J. Add : develop programs and services that increase citizen ownership and responsibility in issues relating to waste reduction, environmental protection, and neighborhood beautification . Attachment: Title 2, Chapler I : Keep America Beautiful Commission • IL • • EN314 CHAPTER 8 KEEP AMERICA BEAUTIFUL COMMISSION HCTION t 2·9•1: Commis1ion E,tablished; Membership and Terns 2·8·2: Organization and Meetings 2·8·3: Powers and Dut~es 2•8•1: COMMISSION ESTABLISHED; MEMBERSHIP AND TERMS: There is hereby established a commission of the City of Englewood, to b• of fifteen (15) persons to be appointed by the City Council . The City Council shall designate seven (7) members of the Commission to serve until December 10, 1992, and eight (f,) members to serve until Dec,;mber 10, 1994, or the balance ()f a four (4) year term when designated mid term. (Ord. 50 Series 1990) 2·8-2: ORGANIZATION AND MEETINGS: A. In March of every even-numbered year, the Keep America Beautiful Commission shall select its chairperson and vice chairperson for two (2) year terms. The chairperson and vico chairperson shall be entitled to enter into all discussion, of the Comm .lssion and to vote on all qu'?stions before th• commiuion . Thi, chairperson shall be the presiding officer and ,hall have such other and further duti~s as may be deeignated by the rules and regulations of the Commission. When the chairperson is absent, the vice chairpetson 1h1ll serve aa the presiding officer. B. A simple major ity of the duly appointed members of th~ Commission shall con st itute 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. (Ord. 50 Series 1990) 2-8-3:POWERS AND DUTIE S : • The Keep America Beautiful Commission shall have ~he following powers and du ti.es: A. Be advisory to the City Council in all matters pertaining to Keep America Beautiful, Inc. l, A sense of ownerehip by citizens in waste. 2 . A sense that each citizen has a responsibility to clean up waste, (Ord. 50 Series 1990) •