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HomeMy WebLinkAboutresolution.council.001-79RECORD OF PROCEEDINGS RESOLUTION NO. ~ (Series of 1979) WHEREAS, the streets in the Aspen commercial core area were originally designed for horse-drawn and pedestrian traffic, and are becoming increasingly congested by modern motor vehicular traffic; and WHEREAS, increasing numbers of residents of and visitors to the City of Aspen have suggested that portions of these core area streets be converted to pedestrian malls; and WHEREAS, a pedestrian mall was created in 1973 and has proved successful; and WHEREAS, ~he comprehensive City of Aspen transportation plan recommends the creation of additional pedestrian malls in the downtown area; and WHEREAS, during its 1970 session the Colorado General Assembly determined that the creation of pedestrian malls in order to separate pedestrian traffic from vehicular traffic in retail shopping areas would serve to promote the public health, safety and welfare in Colorado cities, and accordingly enacted the "Public Mall Act of 1970", 31-25-401, et. seq. of 1973 Colorado Revised Statutes, as amended, authorizing the establishment of such pedestrian malls by the legislative bodies of cities and towns (including home rule cities) pursuant to the procedures set forth in the Act; and WHEREAS, the Aspen City Council has determined that the establishment of an additional pedestrian mall in the Aspen commercial core area will ease motor vehicular traffic congestion and reduce air pollution in such area, provide a more attractive and relaxed shopping atmosphere, aid the economic prosperity of Aspen by increasing the exposure of goods and services of local merchants, preserve the historic, cultural and natural aspects of the town's heritage and environment, and generally create safer and more healthful, productive, and aesthetically and culturally pleasing surroundings in such area. RECORD OF PROCEEDINGS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. The Aspen City Council has determined and hereby declares that the public interest and convenience of the Aspen community require the establishment of a pedestrian mall, and that vehicular traffic will not be unduly incon- venienced thereby. 2. The Aspen City Council hereby declares its intention to establish a pedestrian mall in the City of Aspen, Colorado, pursuant to the authority and procedures contained in the Public Mall Act of 1970, 31-25-401, et. seq. of the 1973 Colorado Revised Statutes, as amended. 3. The following is a general description of those portions of the public streets within the City of Aspen which are to be established as a pedestrian mall: (a)That section of Cooper Avenue from Galena Street to Hunter Street; (b)That section of Galena Street from Hyman Avenue to Cooper Avenue; (c)A portion of the intersection of Hyman Avenue and Galena Street; (d) The intersection of Cooper Avenue and Galena Street. For purposes of greater technical clarity, the pedes- trian mall as generally described above may be more parti- cularly described as follows, to-wit: Beginning at the southeasterly corner of Block 95, Original Aspen Townsite as shown on the 1959 Official City Map of the City of Aspen; thence westerly along the southerly line of Block 95 to the southwesterly corner of said block; thence northerly along the westerly line of Block 95 to the northwesterly corner of said block; thence 116.70 feet along a non-tangent curve concaved southwesterly, having a radius of 74.88 feet and a central angle of 89023'29" (the chord bears N 30°27'26'' ~ 105.22 feet) to the southeasterly corner of Block 88; thence southerly along the northerly extension of the easterly line of Block 89 -2- RECORD OF PROCEEDINGS to the southeasterly corner of said Block 89; thence 116.00 feet along a non-tangent curve concaved south- westerly, having a radius of 74.00 feet ~nd a central angle of 89048'54'' (the chord bears S 30-09'11" E 104.44 feet) to the northwesterly corner o£ Block 96; thence easterly along the northerly line of Block 96 to the northeasterly corner of said block; thence northerly along a northerly extension of the easterly line of Block 96 to the southeasterly corner of Block 95, the point of beginning. The above-described mall is graphically depicted on the map attached hereto as Exhibit A and made a part of this Resolution by this reference, and on the larger version of such map on file in the office of the Aspen City Clerk. 4. It is the intention of the Aspen City Council to adopt an ordinance prohibiting all vehicular traffic on such pedestrian mall except fire fighting equipment, ambulance, police vehicles, and other forms of emergency vehicles, and with the possible further exception o£ service vehicular traffic to the alley in Blocks 89 and 95 through the malled portion of Galena Street lying between such alleys. 5. In the event damages are actually allowed or awarded to any property owner by reason of the establishment of the pedestrian mall, such damage shall be paid at the time the amount thereof is finally determined, whether by agreement of the parties or by a court of competent jurisdiction and shall be payable out of the proceeds derived from the two percent (2%) Municipal Sales Tax as adopted by Ordinance No. 16, Series of 1970, and Ordinance 15A, Series of 1972, or £rom such other source or sources of funds available to the City as the City Council may from time to time deem to be appropriate. 6. t~otice is hereby given that a public hearing on the establishment of the proposed pedestrian mall shall be held on March 26, 1979, at 5:00 P.M. in the City Council Chambers, City Hall Building, Aspen, Colorado. ~ritten and oral presentations from abutting property owners and the public at large in favor of, or opposing, objecting to or protesting the proposed pedestrian mall will be considered by the City Council at such public hearing. -3- 362 433 RECORD OF PROCEEDINGS 7. Any person owning or having any legal or equitable interest in any real property which might suffer legal damage by reason of the stablis~ent of the proposed pedestrian mall must file a written claim of damages, if any damages are to be considered or allowed, with the Aspen City Clerk at any time prior to the first reading of the ordinance establishing the pedestrian mall. The earliest date upon which such first reading might occur is the date of the first reading might occur is the date of the public hearing described in~e~eding p~graph. Dated: ~~r.~ Y/~ J~'-~'~-~ ~--~'~ / ~ ~ Y Stacy S~andley III ~' Mayor ~ ~ 7 I~ K~thryn S, Koch~ duly ~ppoin~ed ~nd ~ctin~ City Clerk do certify that the ~oregoing is ~ true and ~ccur~te copy o~ that resolution ~dopted by the City Council o~ the City Kaghryn S~ Koch ~ -4- 362 43~ 0 ST.