HomeMy WebLinkAboutresolution.council.030-78RECORD OF PROCEEDINGS
RESOLUTION NO. ~2
(Series of 1978)
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, the 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-~01, 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'~ 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, 3E IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
1. ?he 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. ?he 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
portions of the public streets within the City of
which are to be established as a pedestrian mall:
those
Aspen
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 74.38
feet and a central angle of 89023'29'' (the chord
bears N 30027'26'' ~ 105.22 feet) to the southeasterly
corner of Block 88; thence southerly along the northerly
extension of the easterly line of Block 89
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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 74.30 feet and a central
angle of 89°48'54'' (the chord bears S 30°09'11'' E
104.44 feet) to the northwesterly corner of 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 of 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 16, Series
of 1970, and Ordinance 15A, Series of 1972, or from such
other source or sources of funds available to the City as
the City Council may from time to time deem to be appropriate.
7. Notice is hereby given that a public hearing on the
establishment of the proposed pedestrian mall shall be held
on February 26, 1979, at 5:00 P.;~. in the City Council
Chambers, City Hall Building, Aspen, Colorado. Written 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 con-
sidered by the City Council at such public hearing.
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RECORD OF PROCEEDINGS
8. Any person owning or having any legal or equitable
interest in any real property which might suffer legal
damage by reason of the establishment 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 prioer 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 public hearing described in the preceding~paragraph.
I, Kathryn S. ~och, duly appointed and acting City Clerk
do certify that the foregoing is a true and accurate copy
of that resolution adopted by the City Council of the City
of Aspen, Colorado, at a meeting held ~~/~