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TC Ord. No. 2004-13 Amending section 8.24.085 of the Avon mUnic code to allow the grant of an exception to construction hour limitations under certain conditionsTOWN OF AVON, COLORADO ORDINANCE NO. 04-13 SERIES OF 2004 AN ORDINANCE AMENDING SECTION 8.24.085 OF THE AVON MUNICIPAL CODE TO ALLOW THE GRANT OF AN EXCEPTION TO CONSTRUCTION HOUR LIMITATIONS UNDER CERTAIN CONDITIONS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO THAT: Section 8.24.085 of the Avon Municipal Code is hereby amended by the addition of the following: The town manager, or his designee, may grant an exception to the above work hours for specific construction activities when it can be demonstrated that it is in the interest of the general public for those construction activities to occur outside the above specified work hours. The grant of an exception may be conditioned upon compliance with rules and conditions as specified by the town manager, or his designee, to minimize impacts of the construction activities. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 27t" day of July, 2004, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 10th day of August, 2004 at 5:30 P.M. in the Municipal Building of the Town of Avon,-Caflo -ado. 1ukvvN c~ (r u i I-A_ Town of von, ` o rado t a&4)~ \V.~-l Albert D, Reynolds, M yor A 7T,* ,T INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 10th day of August,,2,0.04. AT ST: ,o Patt*' c Kennv . Clerk Town of Avon, Zrado Albert D, Reynolds, M or Approved as t Form John Dunn, own Attorney STATE, OF COLORADO) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO ADOPTED ON THE 27TH DAY OF JULY 2004 THE FOLLOWING ORDINANCES: Ordinance No. 04-11, Series of 2004, Ordinance Amending Title 8, Avon Municipal Code, to Establish Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof Ordinance No. 04-12, Series of 2004, Proposed Revisions to Chapter 16 (Subdivision) and Chapter 17 (Zoning) of the Avon Municipal Code, An Ordinance Amending Title 16 and 17 of the Avon Municipal Code of the Town of Avon as it relates to review of Planned Unit Development Zone Districts, Definition of Building Height, and Parking Ordinance No. 04-13, Series of 2004, Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk, and may be inspected during regular business hours, Monday through Friday, 8 AM - 5 PM. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado TOWN OF AVON, COLORADO BY: Patty McKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 12, 2004 ✓ AVON MUNICIPAL BUILDING, MAIN LOBBY ✓ ALPINE BANK, MAIN LOBBY ✓ AVON RECREATION CENTER, MAIN LOBBY ✓ CITY MARKET, MAIN LOBBY • kl~ U4 J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: August 4, 2004 Re: Ordinance No. 04-13, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions - Second Reading (Public Hearing) Summary: The attached Ordinance No. 04-13 is proposed for consideration in anticipation of future construction projects that may have much less impact if certain activities are performed out side the limited construction hours stipulated in Section 8.24.085 of the Avon Municipal Code. This section of the Code basically limits construction activities to the hours of 7:00 AM to 7:00 PM Monday through Saturday and 9:00 AM to 6:00 PM Sundays and National Holidays. This can create some major problems for contractors and the general public under certain circumstances. This is especially true in the case of work in heavily traveled public streets such as Avon Road. Anticipated projects impacting Avon Road include a sewer line crossing north of the Eagle River Bridge and the Town's 2005 Street Improvement Program will likely include asphalt milling and overlays. It seems that much of the work on both these projects could be accomplished outside of currently allowed work hours with a substantial reduction on impacts to the general public. We believe this modification to the Avon Municipal Code will provide needed flexibility for certain construction activities while maintaining the protection intended in the current code. We recommend approval of Ordinance No. 04- 13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions. Recommendation: Approve Ordinance No. 04-13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour. Limitations Under Certain Conditions, on Second Reading. 1AEngineering\Ordinances\Noise Ord. Memo-2.1)oc Proposed Motion: I move to approve Ordinance No. 04-13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions on Second Reading. Town Manager Comments: • Page 2 • • is a • TOWN OF AVON ORDINANCE NO. 04-13 SERIES OF 2004 AN ORDINANCE AMENDING SECTION 8.24.085 OF THE AVON MUNICIPAL CODE TO ALLOW THE GRANT OF AN EXCEPTION TO CONSTRUCTION HOUR LIMITATIONS UNDER CERTAIN CONDITIONS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO THAT: Section 8.24.085 of the Avon Municipal Code is hereby amended by the addition of the following: The town manager, or his designee, may grant an exception to the above work hours for specific construction activities when it can be demonstrated that it is in the interest of the general public for those construction activities to occur outside the above specified work hours. The grant of an exception may be conditioned upon compliance with rules and conditions as specified by the town manager, or his designee, to minimize impacts of the construction activities. is INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of July, 2004, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the day of August, 2004 at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Albert D, Reynolds, Mayor ATTEST: 0 Patty McKenny, Town Clerk 1:\Engineering\Ordinances\Noise Ord. Amend.Doc 13 w INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 2004. Town of Avon, Colorado Town Council Albert D, Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk Approved as to Form: Town Attorney L\Engineering\Ordinances\Noise Ord. Amend.Doc /I 1 1 O 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: July 20, 2004 Re: Ordinance No. 04-13, An Ordinance Amending Section 8.24.085 of the.Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions - First Reading Summary: The attached Ordinance No. 04-13 is proposed for consideration in anticipation of future construction projects that may have much less impact if certain activities are performed out side the limited construction hours stipulated in Section 8.24.085 of the Avon Municipal Code. This section of the Code basically limits construction activities to the hours of 7:00 AM to 7:00 PM Monday through Saturday and 9:00 AM to 6:00 PM Sundays and National Holidays. This can create some major problems for contractors and the general public under certain circumstances.. This is especially true in the case of work in heavily traveled public streets such as Avon Road. Anticipated projects impacting Avon Road include a sewer line crossing north of the Eagle River Bridge and the Town's 2005 Street Improvement Program will likely include asphalt milling and overlays. It seems that much of the work on both these projects could be accomplished outside of currently allowed work hours with a substantial reduction on impacts to the general public. We believe this modification to the Avon Municipal Code will provide needed flexibility for certain construction activities while maintaining the protection intended in the current code. We recommend approval of Ordinance No. 04-. 13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions. Recommendation: Approve Ordinance No. 04-13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions, on First Reading. I:\Engineering\ordinances\Noise Ord. Memo.Doc Proposed Motion: I move to approve Ordinance No. 04-13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions on First Reading. Town Manager Comments: 0 Page 2 TOWN OF AVON ORDINANCE NO. 04-13 SERIES OF 2004 AN ORDINANCE AMENDING SECTION 8.24.085 OF THE AVON MUNICIPAL CODE TO ALLOW THE GRANT OF AN EXCEPTION TO CONSTRUCTION HOUR LIMITATIONS UNDER CERTAIN CONDITIONS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO THAT: Section 8.24.085 of the Avon Municipal Code is hereby amended by the addition of the following: The town manager, or his designee, may grant an exception to the above work hours for specific construction activities when it can be demonstrated that it is in the interest of the general public for those construction activities to occur outside the above specified work hours. The grant of an exception may be conditioned upon compliance with rules and conditions as specified by the town manager, or his designee, to minimize impacts of the construction activities. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of July, 2004, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the day of August, 2004 at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Albert D, Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk 1AEngineering\Ordinances\Noise Ord. Amend.Doc INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of 52004. Town of Avon, Colorado Town Council Albert D, Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk Approved as to Form: Town Attorney 1AEngineering\Ordinances\Noise Ord. Amend.Doc