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HomeMy WebLinkAboutresolution.council.039-75RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. ~ (Series of 1975) DECLARATION OF INTENTION TO ESTABLISH A PEDESTRIAN MALL Pursuant to Section 31-24-401, et seq., C.R.S. 1973, the Colorado Public Mall Act of 1970 WHEREAS, enlargement of Core area will air pollution; the Aspen City Council has determined that the the pedestrian mall within the Aspen Commercial ease motor vehicular traffic congestion and reduce provide a more attractive and relaxed shopping atmosphere; provide additional areas for public activities; aid the economic prosperity of Aspen by increasing the exposure of goods and services of local merchants; enhance Aspen's viability as a quality ski resort; complement the historic, cultural and natural features of the City; and generally create a safer and more healthful, productive and aesthetically and culturally pleasing community, and WHEREAS, during the 1970 session, the Colorado General Assembly determined that the creation of pedestrian malls in order to separate pedestrian traffic from vehicular traffic will serve to promote the public health, safety and welfare in Colorado cities, and accordingly enacted the Public Mall Act ("Act") of 1970, Section 31-25-401, et seq., of the 1973 Colorado Revised Statutes, authorizing the establishment of such pedestrian malls by the legislative bodies of cities and towns including home rule cities), and WHEREAS, said act provides for the initiation of closure RECORD OF PROCEEDINGS 100 Leaves proceedings by enactment of a Resolution of Intention and the City Council wishes to enact said resolution in conformance therewith, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that: 1. The Aspen City Council has determined and hereby declares that the public interest and convenience require the establishment of a pedestrian mall, and that vehicular traffic will not be unduly inconvenienced 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, Section 31-25-401, et seq., 1973 Colorado Revised Statutes. 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 Galena Street that lies between Cooper Street and Hyman Street; and (b) That section of Cooper Street between Galena Street and Hunter Street. In addition, portions of the following described street and/or alley intersections will be established as "mall intersections" and constitute a part of the pedestrian mall: (a) The intersection of Galena Street and Cooper Street; (b) A portion of the intersection of Cooper Street and Hunter Street; (c) A portion of the intersection of Galena Street and Hyman Street; and (d) The intersection of Galena Street and Alleys 89 and 95. -2- RECORD OF PROCEEDINGS 100 Leaves The proposed pedestrian mall is more fully described in the attached exhibit, incorporated by this reference, and graphically depicted in a map to be kept on file in the office of the Aspen~ City Clerk. 4. The City Council proposes to adopt an ordinance pro- hibiting all vehicular traffic on such pedestrian mall except fire fighting equipment, ambulances, police vehicles and other forms of emergency vehicles; public and utility vehicles; and service and delivery vehicles when permitted by the City Manager. 5. Damages, if any, allowed or awarded to any abutting property owner by reason of the establishment of the pedestrian mall, 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 from general funds of the City, from proceeds of general obligation or revenue bonds, from other monies available to the City, or from any other source whatsoever, as the City Council may from time to time deem appropriate. 6. Following the establishment of the pedestrian mall, improvements will be made thereto to be constructed by City employees or by private contractors under agreement with the City, and the same shall be paid from general funds of the City, from proceeds of general obligation or revenue bonds, from other monies available to the City, or from any other source whatsoever, as the City Council shall from time to time deem appropriate. 7. There shall be held on February 16~ 197~ at ~:00 P.M. in the City Council Chambers, City Hall, Aspen, Colorado a PUBLIC HEARING before the City Council relative to the establishment of the proposed pedestrian mall. Oral and written presentations -3- RECORD OF PROCEEDINGS 100 Leaves 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 this public hearing. 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 SHALL FILE A WRITTEN CLAIM OF DAMAGES, IF ANY DAMAGES ARE TO BE CONSIDERED OR ALLOWED, WITH THE CITY CLERK OF THE CITY OF ASPEN AT ANY TIME PRIOR TO THE FIRST READING OF THE ORDINANCE ESTABLISHING THE PEDESTRIAN MALL. 9. This resolution shall be published in the Aspen Times three (3) times,once less than seventy-five (75) days but more than sixty (60) days prior to the date of the hearing; once less than forty-five (45) days but more than thirty (30) days prior to the date of hearing; and once less than fifteen (15) days but more than ten (10) days prior to the date of hearing set in Paragraph 7 hereinabove. Date: ~C~L~.~ //~. I, KATHRYN S. HAUTER, duly appointed and acting City Clerk, do hereby certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council at its regular meeting held Monday, November 10, 1975. CITY CLERK EXHIBIT A PEDESTRAIN MALL ENLARGEMENT Beginning at the Southeasterly corner of Block 88 Original Aspen Townsite as shown on the 1959 Official City Map; thence Southerly to the Northeasterly corner of Block 89 Original Aspen Townsite; thence continuing in a Southerly direction along the Easterly line of Block 89 to the Southeasterly corner of Block 89; thence 116.00 feet along a non-tangent curve to the left, whose chord bears S30°09'11"E 104.44 feet to the Northwesterly corner of Block 96 Orginal Aspen Townsite; thence Easterly along the Northerly line of Block 96 and extension of said Northerly line to a point 32.00 feet Easterly of the Northeasterly corner of Block 96; thence N14°50'49"E 73.70 feet to a point said point being 32.00 feet Easterly of the Southeasterly corner of Block 95 Original Aspen Townsite on the extension of the Southerly line of Block 95; thence Westerly along the extension of the Southerly line and the Southerly line of Block 95 to the Southwesterly corner of said Block 95; thence Northerly along the Westerly line of Block 95 to the Northwesterly corner of said Block 95; thence 116.87 feet along a non-tangent curve to the right, whose chord bears N29°50'42"W 105.22 feet to the Southeasterly corner of Block 88 Original Aspen Townsite, the point of beginning.