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TC Minutes 07-12-1994i • MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JULY 12, 1994 - 7:30 P.M. The regular meeting of the Avon Town Council of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Pro-Tem Celeste C. Nottingham at 7:38PM. A roll call was taken with Councilors Jack Fawcett, Tom Hines, Jim Roof, and Judy Yoder present. Mayor Albert Reynolds and Councilor John Hazard were absent. Also present were Town Manager Bill James, Town Attorney John Dunn, Town Engineer Norm Wood, Superintendent of-Recreation Meryl Jacobs, Director of Municipal Services Larry Brooks, Fire Chief Charlie Moore, Police Chief Gary Thomas, Judge Buck Allen,.Town Clerk Patty Neyhart, as well as members of the press and publ,ic..- Second Reading.of Ordinance No.,94-14', Series of 1994,,'AN ORDINANCE AMENDING CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PENALTIES FOR THE VIOLATION THEREOF Mayor Pro-Tem Nottingham announced this is a-public hearing after reading the ordinance title. Mayor Pro-Tem Nottingham asked if she has a motion to bring this to the floor. Councilor Hines stated so moved. Councilor Yoder seconded. Mayor Pro-Tem Nottingham requested Town Attorney John Dunn to review the Ordinance for Council. Town Attorney Dunn stated the matter is before Council on second reading; there were no changes made from first reading. , Council did request that Attorney Dunn review the proposed ordinance with the Municipal Judge. Attorney Dunn stated he has done that Judge Allen has no objection to the Ordinance. Mayor'Pro-Tem Nottingham opened the meeting for public hearing. Hearing no one, Mayor Pro-Tem Nottingham closed the public hearing. Mayor Pro-Tem Nottingham opened the meeting for Council discussion. Councilor Fawcett asked if Judge Allen had any concerns with the Ordinance. Attorney Dunn stated Judge Allen had no concerns. With no further discussion', Mayor Pro-Tem Nottingham stated I guess we'll go for a roll call vote. Councilor Hines interjected and motioned adoption of ordinance 94-14, Series of 1994, on second reading. Councilor Yoder seconded the motion. Mayor Pro-Tem Nottingham called for a roll call vote. The motion carried unanimously. First Reading of Ordinance No. 94-15, Series of 1994, AN ORDINANCE ADOPTING THE UNIFORM ELECTION CODE OF 1992 IN ORDER TO PARTICIPATE IN A COORDINATED ELECTION IN EAGLE COUNTY ON NOVEMBER 8, 1994. Mayor Pro-Tem Nottingham announced that Patty Neyhart will offer some information. r] L Town Clerk Neyhart stated this Ordinance will adopt the^Uniform Election''Code to participate in a coordinated election with Eagle County this November. The Uniform Election Code will replace the Municipal Election Code.for the election held on November 8, 199. The November, 1994 election will not be by mail ballot, but by polling place. The Avon Municipal Building will be Avon's polling place. . Mayor Pro-Tem opened the meeting for Council discussion. After discussion, Mayor Pro-Tem asked for a motion. Councilor Yoder motioned adoption of Ordinance No. 94-15, Series of 1994, on first reading. Councilor Fawcett seconded the motion. - Mayor Pro-Tem Nottingham called for a roll call vote. The motion carried unanimously. First Reading of Ordinance No. 94-16, Series of 1994, AN ORDINANCE AMENDING CHAPTER 9.12 OF THE MUNICIPAL CODE OF THE TOWN OF AVON PROHIBITING DRINKING IN STREETS; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF Mayor Pro-Tem Nottingham asked if is she has a motion to bring this to the floor. Councilor Yoder stated so moved. Councilor Hines seconded. Mayor Pro-Tem Nottingham asked Town Manager Bill James to elaborate on this. Town Manager James reminded that at the last Worksession, Council gave Staff direction to prohibit drinking in the park. This Ordinance reflects that request-and follows Vail's Ordinance which is basically no drinking in public places. Municipal Judge Buck Allen stated that basically the Ordinance deals with any kind of consumption of alcohol in public places. This has been quite effective in curtailing the problem. You can still have functions, in public areas, with the request and approval of the special events permit. Town Attorney Dunn added this Ordinance is taken from Vail. Councilor Hines suggested different wording in 9.12.080 - replace written authorization of the Town Council-to Liquor Licensing Authority. Council's consensus was agreement with this recommendation. Councilor Yoder asked what penalties are for persons under the age of eighteen. Judge Buck Allen stated they will not be imprisoned but, will be in safe keeping and fined. Discussion followed on the applicability of this Ordinance in private areas, i.e. City Market parking lot and Aspen's Mobile Home Park. Judge Allen noted that he has seen open container violations coming out of Crossroads Parking lot. He has not seen open container violations coming off a driveway in someone's house. Police Chief Gary Thomas added there is a problem with the Aspens; in vehicles.- Chief Thomas noted 9.12.080 where it-states in any vehicle upon the,streets, alleys;- etc., - nine out of ten of those people drinking;' in vehicles, go to West Beaver Creek Blvd. West Beaver Creek is a public street. An accident in the Aspen's Mobile Home Park is classified as private property because that street-is maintain by an individual' or company for the residents in that area. 2 • r If there is an accident in the Wal-Mart parking lot, that accident is considered on public property. We would take the same attitude with this Ordinance. With this Ordinance, the way it is worded, we would have trouble citing anybody in the Aspens, with an open container. Attorney Dunn noted this is a standard open container law and questioned how far Council wants to take the open container law. Councilor Fawcett suggested Attorney Dunn research this matter; what we can and can't do; we do not want to invade private residences. Councilor Roof expanded on his reasoning for inclusion of the Aspen's Mobile Home Park. Discussions followed of how to incorporate the Aspens into this Ordinance. Judge Allen added this has to be broadly enforced; we can not say this is how we enforce it at the Aspens and this is how we will do it everywhere else. Town Manager James reminded that the original request of Council was to eliminate alcohol consumption in Nottingham Park. In order to do that, Staff felt it was necessary to go to a more broad definition for an open container.- We should let Attorney Dunn and Judge Allen research the enforcement of private areas prior to second reading. Perhaps, management in the Aspens,would be receptive to working with our Police Department to curtail drinking in vehicles in the mobile home park. With no further discussion, Mayor Pro-Tem Nottingham asked for a motion. Councilor Hines motioned approval of Ordinance No. 94-16, Series of 1994, on first reading, with the following amendment; under section 9.12.080 in the first sentence scratch the words by written authorization of the Town Council and substitute except by special events permit by the Liquor Licensing Board. Councilor Roof seconded the-motion. Mayor Pro-Tem Nottingham called for a roll call vote. Councilor Fawcett interjected that Attorney Dunn will research and report back upon second reading. Attorney Dunn confirmed. The motion carried unanimously. First Reading of Ordinance No. 94-17,'Series-of 1994, AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 6.04 OF.THE.MUNICIPAL CODE OF THE TOWN OF AVON, RELATING DOG CONTROL; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF Mayor Pro-Tem Nottingham asked if she has a motion to bring this to the floor. Councilor Hines stated so moved. Councilor Yoder seconded the motion. Mayor Pro-Tem Nottingham asked Town Manager James to discuss. Town Manager James informed the Town currently contracts with Eagle County for animal control services. The Council authorized the hiring of a full time person to handle these services within the Town. Under the old program, with the County, we adopted the County's Resolution for their enforcement. We need to pass our own Ordinance for the Town of Avon to be able to take back this function and do our own enforcement. Attorney Dunn has drafted this Ordinance that basically follows the guidelines that have been established by Eagle County and that we have been following for the last several years. 3 There are some errors within the Ordinance,that need further clarification and correction, such as the provision of licensing dogs; that provision needs to be scratched. With Council's direction we can make adjustments and return with a clean ordinance upon second reading. Mayor Pro-Tem Nottingham opened the meeting for Council discussion. Council's consensus was to scratch the licensing of dogs and leave the wording as is under 6.04.100, section I "or in the common areas of mobile home complexes, etc.". Council's concerns were: there are no penalties listed for stray dogs; typos; clarification of fees, deposits, and penalties; penalty for not cleaning up and leaving deposits; discrimination of dogs versus cats; fill in the blank under 6.04.120, section B; 6.04.110, section C needs clarification of 24 months time frame- are penalties tied to this?; 6.04.120, section B last sentence third offense will result in a mandatory court appearance with no fine?; 6.04.140, section B the word or needs to read and/or sterilization of animal: Mayor Pro-Tem Nottingham stated I guess we are looking for a motion. Councilor Fawcett commented he is dog tired. Councilor Roof suggested a cat nap. Town Manager James asked if there was already a motion. Town Clerk Neyhart stated the motion was only to bring the item to the floor. Attorney Dunn stated that a motion to bring it to the table is also for vote. Mayor Pro-Tem Nottingham stated I guest we need a roll call vote. Town Clerk Neyhart called Councilor Hines. Councilor Hines responded-aye. Town Clerk Neyhart called Jack Fawcett. Councilor Jack Fawcett stated, I am confused, what are we voting on. Town Clerk Neyhart responded, I don't.know; I never heard a motion to approve. Councilor Hines stated she does that when she asks for a motion to bring it to the table; that has happened three times tonight. Town Clerk Neyhart stated I have never heard a motion to approve, deny, table. I don't know. Councilor Fawcett stated bring it to the floor doesn't indicate whether we want to pass it or what. Councilor Hines motioned approval of Ordinance No. 94-17, Series of 1994, on first reading. Councilor Yoder seconded the motion. Mayor Pro-Tem Nottingham asked Attorney Dunn, is the motion to bring it to the floor also included that you vote on it at that one so a second one is redundit. But, yet on the first Ordinance for tonight,-when I motioned to bring it to the floor - and we did that - then I called for a roll call and Patty said no I need a motion. So, then we went forward on our very first Ordinance. Councilor Hines interjected we never voted to bring any of these other two to the table; that applies to 94-14 and; no-we had a motion and a second and then we moved forward to.bring it to the table; we never voted on it. Mayor Pro-Tem Nottingham stated, Attorney Dunn is saying.a motion, to-bring it to the floor or table, is also the right to vote. Town-Clerk Neyhart questioned, so you are making, the motion; prior to the discussion. Attorney Dunn stated yes, which is what you are supposed to do. Mayor Pro-Tem Nottingham agreed. Town Clerk Neyhart stated she stands corrected. Councilor Fawcett and Councilor Hines both stated we never voted on them. Councilor Hines added so in essence they never came to the table. Attorney Dunn stated if a motion was made and Patty said that a motion was not made before, no motion at all was made. Town Clerk Neyhart stated there was a mot-ion on this particular ordinance to bring it to the floor. Attorney Dunn stated, so you have a motion to adopt, that is how I would interpret it. Councilor Hines stated no, you have a motion to bring it to the floor, to talk about it. 4 That was never voted upon, all three times.- Too many talking at once to transcribe. Attorney Dunn stated someone moved to adopt the Ordinance. Councilor Yoder responded Councilor Hines did and I seconded. Town Clerk Neyhart confirmed, Councilor Hines motioned to adopt on first reading and Councilor Yoder seconded that motion. Mayor Pro-Tem Nottingham call for a roll call vote. The motion carried unanimously. Councilor Hines called for point of order. Councilor Hines asked Attorney Dunn',if we do this again, procedurally - if you have a motion to bring it to the table, you have to vote on it, if it is seconded, to bring it to the table. Otherwise,, the item is not up for discussion, if I understand this. Attorney Dunn stated, my•understanding is that, according to Robert's Rules of Order, any debate is~out of order, unless there is a motion on the floor to debate. And, if the chair calls,for a motion, to bring the issue to the table, the motion is not really - !'I move-to bring it to the table" - the motion is - "I move that we take whatever action is under consideration", which, in this case would be, "I move to adopt Ordinance No. 94-17 on first reading". That brings it to the table. Then when the discussion-is, over, you vote upon that motion. Now, if the pending motion is tabled and then there is a motion to remove from the table; but I have never heard of a motion to bring to the table; you,just have the•main motion which is the motion,to take the action. Attorney Dunn rioted that-Mayor Pro-Tem Nottingham is correct when she says she needs a motion to bring it to the table, but the motion should be the main motion which is to adopt the Ordinance. Councilor Hines thought that if you bring it to the floor as a main motion and you have revisions to the motion, then you are going to go into the lengthy step by step process of going through all the amendments. Mayor Pro-Tem Nottingham stated, from my understanding at other meetings, you really don't have the right to discuss, debate, whatever, until there has been a motion. Attorney Dunn stated that is correct. Attorney Dunn stated lots of times it doesn't happen that way and nobody worries about it, but that is.Robert's. Next on the Agenda under Unfinished Business was the Animal Shelter Agreement. Town Manager James requested this item be referred to the next meeting. No action is required. Next on the Agenda was the Consent Agenda: a.) Financial Matters b.) Approval of the June 28, 1994 Council Meeting Minutes. Councilor Hines motioned to approve the Consent Agenda. Councilor Yoder seconded the motion and the motion carried unanimously. There being no further business to come before Council, Mayor Pro-Tem Nottingham called for a motion to•adjourn. Councilor Hines moved to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Mayor Pro-Tem Nottingham at 8:50PM 5 RESPECTFULLY SUBMITTED: I Patty Ney ar wn Clerk 6