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HomeMy WebLinkAbout2000 Ordinance No. 013ORDINANCE NO. /J._ SERIES OF 2000 BY AuidORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 2, CHAP'l'ER S, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO THE.' NAME CHANGE FOR KEEP AMERICA BEAUTIFUL COMMISSION TO THE NEW TITLE, KEEP ENGLEWOOD BEAUTIFUL COMMISSION. WHEREAS, the Keep America Beautiful organization's strate11Y to raiae awareneN of Keep America Beautiful'• identity as a respected national network of organizatiODS working to improve the quality of life in '.merican communitin; and WHEREAS, the Keep An::erica Beauliful organization is encouraging more affiliates to join their colleagues in Houston, Colum~ue. Indianapolis and Chicago by changing their name, to (city, county , state) Beauti.ftl; and WHEREAS, uniting the Keep America F.e auti.ful affiliate network under a comm.on name will increaae national recognition of ,he Keep America Beautiful organization and , in turn, attract new volunteers , dor,ora and partners; and WHEREAS, thio naue change and the bow advertising deaigned for uae by local affiliates, are important first steps in leading t."e organization to a stronger national identity; NOW, THEREFORE, BE IT ()RDAJNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sm:tiwu-The City Council of the City of Englewood, Colorado hereby amends Title 2. Chapter 8, r,f the Englewood Municipal Code 1985, to read as follows : CHAPTER 8 KEEP AMBMGA ENGLEWOOD BEAUTIFUL COMMISSION 2-8-1: COMMISSION ESTABLISHED; MEMBERSHIP AND TERMS: There is hereby established a KEEP ENGLEWOOD BEAUTIFUL commiuion AN AFFILIATE OF KEEP AMERICA BEAUTIFUL. INC . of the City of Englewood, to be of fifteen (15) persona to be appointed by the City Council. ALL COMMISSION MEMBERS WILL BE APPOINTED TO OVERLAPPING TERMS OF TWO (2) YEARS . THE CITY COUNCIL SHALL MAKE APPOINTMENTS TO FILL VACANCIES FOR UNEXPIRED TERMS. ~ Ge...,..i ohall ae•il"••• oe en !'el memhen er 11,e Gomeoieeion lo sep, e .,,lil Qeeemher l:9 , 1988 , ell ei1h• {8~ memher1 N •~ • n:-1 9eeemlser 181 199 t, er lihe 9att!l:oee efa lettr (t~ )eM tel'IB • hen deairna"li mitl k!rm. -1- f-8-1: ORGANIZATION AND MEETINGS: A. In Mani, NOVEMBE!t of ewry-~year, the K,ep Ameriee ENGLEWOOD Bea,,tiful Commiuion 1hall aelect ita chalrpenon and vicil ' chaitperaon fortw& (i) A ONE (1) year tel'ID1t. The chairpenon and vice · chairpenon shall be entitled to enter into all diacua1ion1 of the Commlaaion and to vote on all que,tiona before the commiuion. The cbairptinon ahall be the preeiding officer and shell have auch other and further dutiea u may be designated by the rules and reguiationa of the Commission. When the chairpenon ia abaent, the vice chaitpenon ■hall aerve •• the prelidlnc officer. A simple majority of the duly appointed memben of the Commiaion ,hall constitute a quorum for the transaction of buaineu. In the ab1ence of a quorum, such memben as are pre1ent may adjourn from lime to time until a quorum ie ,Jreaent. 2-8--3 : POWERS AND DUTIES: The Keep Amerie& ENGLEWOOD Beautiful Commission shall have the following powers and duties : A. Be adviaory to the City Council ill all matten pertaining t., Keep America Beautiful, Inc. B . , .• ,,.,.e aMl....U, a Keep ""'•riea l!lMGbEW99B Beulifltl 11111'9r phm &11 ~ GB. Act as a sounding board of the community and gather and ae1eu the facte and data neceuary to make aound recommendation• to the City Council in providing Keep America Beautiful 1ervic:e1. The Comminion, wilh lhe appra,al ~. may form committees made up of CommiBSion membera u well aa citizens as needed, to research programs that call for extensive time and diacussion. These co1>1mittee1 will be advisory only to the Keep Ame,iea ~ Commisaion. B, C. Adopt rules and reg,!'•>;ons for the conduct of the Commiuion meetinp and duties of it.a officers and comm~tteee . SD. At a minimum meet monthly. ~-The Keep A:meriea Beattt:tful €tu1u1tiNioo shall de elap a hehe liMall) l,aeed appreeeh VJ, H:Mer pre,cfttion and aluWI') tce;emlg. G. The l~ecp 1\mcriea Beatttifttl €emmiaeion ahml de,elop a method '!io ifflpro,e , aa~ ftl!lndliftg praet!eea in t,he Cit, of Eftgle: ooel . H. The Keep 1'\meriea BeatttiiW. Cenulltaaion ahaH • Jrk le ehMtge lseM. tiara attit,udea Bftel praeeieea eaeh persen has about ftan&mlg eoUd • Hte. J.. The Keep ,\merits Bea1:1tihl Commiuion ahMI, erk 'fo ettlltiftatie t,he feHoo:ing eeurees efliuier. +. lmpzopc. hottoehold refttae pute1:1te . &. Improper eommezeiM rettt:9e pttiottte . -2- • &. Ytioo,eie• .ohieloo . +, billet &om loam11r oeelto. &. biller &om moL-ielo. ;._ Littc1 &om pedeatrtC!lua. ~ ", 1he Keep ,\mteliea Bea•bn.i Gomm:ioaioa aftal::l ere,ue: . , i-. ~•{noH1-Jil' 1,, cilieena in aak. ~-lt, acme lfla, each eib«n haa a 1eaponaihtti'3 kt elee ttp 111aal!e. E. DEVELOP PROGRAMS AND SERVICES THAT INCREASE <:;IT!ZEN COMMITMENT TO AND RESPONSIBILlTY IN ISSUES RELATING TO WASTE REDUCTION, ENVIRONMENTAL PROTECTION AND NEIGHBORHOOD BEAUTIFICATION. ~-Safety Clauses The City Council, hereby finds, determines, and declares that this Ordinance is promulgatl!d 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 thia Ordinance is necesoary 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 aought to be obtained. 8=im..a.. Seycrabjlity If any clause, sentence, paragraph, or part of thia Ordinance or the application thereof to any person or circumstances ahall for any reaaon be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of thia Ordinance or its application to other persons or circumatanr·es. ~ Tnccmeiatent Ordinances All other Ordinances or portions thereof inconsistent or conOicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Introduced, read in full, and passed on first reading on the 22"' day of February, 2000. Published as a Bill for an Ordinance on the 25th day of February, 2000. A Public Hearing was held on the 20•• day of March, 2000. Read by title and passed on final reading on the 3"' day of April. 2000. -3- Publiabed by title ao Ordinance No . /J.., Series of 2000, on the 7th day of April, 2000 . (JA~ < Thom~:'for I, Loucriahia A Ellia, City Clerk of the City of Englewood, Colorado, hereby oertify that the abon and forelOing ia a true ""Pf_of the Ordinance p on final nadin1 and publiabed by titla u Ordinance No. & Series of 2000. -4- . ·' • COUNCil. COMMUNICATION Date Febraary 22, lOOO ,Agenda Item ,. ' I 'SubJ:tOrdinance Alni:llilment ton 2,'c~ s:~ I Ameri/:a BeaJ . ,. Co . ' sioD !Oai INITIATED BY STAFF SOURCE Community Development Kate Newman , Planning Technician, Tricia Langon , Planner COUNCIL GOAL AND PREVIOUS COUNCil. ACTION There has been no previous Council action on this request. RECOMMENDED ACTION StllI recommends that City Council set a public hearing for March 20, 2000 to consider public testimony on proposed amendmenu to Title 2, Chapter 8, Keep America Beautiful Commission of the Englewood Municipal Code. Proposed amendmeou will incorporate a proposed name update and are iutended to reflect the Commission 's cum:nt mis sion while being more consistent with other Commissions' Ordinances. BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED Council amended the Englewood Municipal Code by Council Bill 52 of 1990 to establish the Keep America Beautiful Commission, provide for its organizntion and set forth the powers and duties of the Commission. The Commission was based on the Keep America Beautiful, Inc. System . a national non-profit public education organization dedicated to improving the quality of life in American communities . In 1991, Cowicil approved a resolution officially authorizing the Commission 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 part of the Commission's logo. Clean , Green and Pwud has been a solid name for the past decade describing the Commis:,ion'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 easily recognizable identity is important to advancing its ruission. Keep America Beautiful, Inc., as part of the Ag enda 2000 plannin g pro cess , has asked affiliates to unite the "affiliate network under a common name ... 10 increase nation..! recognition of our collective, positive efforts and , in tum, attr:ict new volunteers . donors and partners ." The Commiss:on discussed and re commended the fo llowing additional amendments to the Ordinance . Section 2-8 · 1: Membership and Terms . Decrea.1e the term from four years to two years . The Commis sion has struggled with retaining mcmbe,s and feels that it is more realistic for people to commit to a two-year appointment. I / , I' l/0 l 11 V 11 l Section 2-8-2: Organization and Meetings. Chang, selection of a Chair and Vice Chair from • Muth to Novembcrfflll lcngth of term from two years 10 one year.--€11>TCDtl)~the Commission selects a Chair and V}p:'Chair in March. This 1chab1eiwould permit th~ Commwioli to bqlD 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 P"WClll 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 10 allow subcommittees to form as needed, rather than with Council approval, will encourage more flexibility and a quicker response rate. Currently, the Commission docs not prepare master plans (paragraph B), develop behaviorally- based approaches to litter prevention (paragraph F), improve waste handling, practici:s IIDd personal practices and attitudes (paragraphs G and H), eliminate specific sources of liuer . (paragraph I), or create citizen ownership and sense of responsibility in waste (paragraph J). The Commission feels that these duties are too specific, restricting the Commission from addres.ing the community 's curreut and pressing needs. Broadening this section allows 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, environmental protection, and neighborflood beautification. ' , , ALTERNATIVE AMENDMENT Based on discussion to improve :he manageability and effectiveness of the Commission at the City Council study session on February 14, 2000, an additional change may be made to this ordinance as follows: I move to amend Council Bill 9 to change Title 2, Chapter 8, Section I to reduce the number of persons appointed to the Commission from IS to 9. FINANCIAL IMPACT No financial impact to the City is identified. LISTOF ATTACHMENTS Bill for Ordinance Keep America Beautiful letter Memo To: Through : From : City Council ,., Bob Simp~',. Community Development Dim:tor Dan Brotzman, City Attorney Kate Newman, Planning Technician ,).. Clean, Green, and Proud Commission Date : January 24 , 2000 Subject: Clean, Green, and Proud Ordinance Revision J • KEEP ENG~EWboo BEAUTIFUL. I I The Clean, Green, and Proud Commission met on January 11 , 2000 , to discuss proposed revisions to Title 2, Chapter 8: Keep America Beautiful Commission of the Englewood Municipal Code . The Commission feels that revisions to the Ordinance are necessary !o better rellect its current mission, be more consistent with other Commissions ' Ordinances , and incorporate its proposed name change . A study 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 Attomey'.o l)ffice will draft a revised Ordinance . Throughout the entire Ordinance • Change Keep America Beautiful Commission to Keep Englewood Beautiful . In Section 2-8-1 (Commission Established; Membersh:~ and Terms) •. Keep the first paragraph regarding a 15-person commission. • In the second paragraph, change the appointed term from four (4) years to two (2) years . In Section 2-8-2 (Organization and Meetings) • A. Change the month of selection of a chairperson and vice chairperson from March of every even-numbered year to November of every year. Also , change the length of term from two (2) years to one ( 1) year. • B. Keep this paragr ., regarding the simple majority . Keep Englewood Beautiful City of Englewood 3400 South Eiati Street Englewood , CO 80110 (303) 762-2342 x~~. ~ .. wen_and Daa)'.o ~ • "10!'4 ~ • A. e advisory to Ci~;;:..,:~~~ q "'"r 'tt,., i 11:ill. pertaining to Keep America Beautiful, Inc. • B_. El~ pm8Jlph B regarding an Englewood Master Plan.. • C. Cbanae wording so that the Commission may furm committees as needt,cl rather than only with the 'approval of Council. • D. Keep paragraph D regarding rules and regulations . • 1 ' • E. Keep paragraph E regarding monthly meetings. • F thougb J. Eliminate paragraphs F through J. Add : develop programs and services that increase citizen ownenhip and responsibility in issues !Clating to waste reduction, environmental pNtection, and neighborhood beautification. Attachmenc Trtle 2, Chlpl<r 8: Keep America BautiM Commissioa l • , ""u fll ov _ 10 ..., i.: d t c.. ~ "'i' 1.._ Q!,s,.>t at:§.:.-i a ,. J O ( ""l t Nbf~l'\3 ;iffi'U.._1' Ir rt oe -.I :J: • CHAPTER 8 KEEP AMERICA BEAUTIFOL COMMISSION ' SECTION: A 2-8-1: Commission Established; Membership and Terms 2-8-2: Organization and Meetings 2-8-3 : Powers and Duties 2-8-1: COMMif.SION ESTABLISHED; MEMBERSHU ANO TERMS: 2-a 11, ~ tl.3 The=e is hereby establi 3hed a commission of the City of Englewood, to be of fifteen (15) pe=sons to be appointed by the City Council. The Ci t y Coun=il sha ll designate seve.'1 (7) members of the Commission to serve r/\t i l December JO, 1992 , and eight (8 ) members to serve unt l~ December 10, 1994, or the balance of a fou= (4 ) year term when designated mid term. (Ord. 50 Series 1990 ) 2-8-2: ORGANIZATION AND MEETINGS: A. In March of every !!V en-numbered year, the Keep America Beautiful Commission shall select its chairperson and vice chac.rperson for tw o ( 2) year terms. The chairperson and vice chairperson s hall be entitled to enter into all discussions of the Conunission and to vote on all questions before the commissi.on. The chairperson shall be the presidinq o ff icer and shall have such other and further duties a3 ma y be dE!signated by the rules and regulations of the Commiss:.<>n. lihEm t he chairperson is absent, the vice chairperson shall "erve as the presiding officer. B. A simple ma :ority of the duly appoin t ed members of the Commission s hall c onstitute a quorum for the transaction of business. I n the absence of a quorum, ~""h members as are present may ac'journ from ti::-,e to time until a quorum is present. (Ord. 50 Series 1990) 2-8-3:POWERS AND DUTI~S: • The Keep knerica Beautiful Com.iu.ssion sha .. l have the following powers and clutie:;: A. Be advisory to the City Council in a:l matters pertai ,1in9 to Keep Ameri c a Beautiful, Inc. ":3"''lMi;:) l. A sense of owners ~ip _by , c:itizena ii), wast~. ,., 2 . A sense that each citizen has a responsibili ty to clean up waste. (Ord . 50 Series 1990) • A • • •