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HomeMy WebLinkAboutresolution.council.006-73Filed for record April 3, 1973 at 9:~6 A.M. R'~ception No. 158616 Peggy E. Miklich, Recorder RECORD OF PROCEEDINGS 100 LEAV£S RESOLUTION NO.~ (Series of 19T3)~ 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 comprehensive City of Aspen transportation plan recently prepared and submitted by a private planning consultant recommends the creation of 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", §§139-89-1 et seq. of the 1963 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 a 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 RECORD OF PROCEEDINGS 100 LEAVES 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. 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 of the Aspen community 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, §§139-89-1 et seq. of the 1963 Colorado Revised Statutes, as amended. 3. The following is a general description of those portions of the public streets within the C~y of Aspen which are to be established as a pedestrian mall: (a) That section of Hyman Avenue from Mill Street to Galena Street; (b) That section of Cooper Avenue from Mill Street to Galena Street; (c) That section of Mill Street from Hyman Avenue to the northerly right-of-way line (as extended) of the alley in Block 90; (d) That section of Galena Street from Cooper Avenue to the northe~y right-of-way line (as extended) of the alley in Block 90. In addition, portions of the following-described street and/or alley intersections will be established as "mall intersections" and constitute part of the pedestrian mall~ -2- RECORD OF PROCEEDINGS IOOLEAVEg to wit: (e) A portion of the intersection of Hyman Avenue and Mill Street; (f) A portion of the intersection of Mill Street and the alley in Block 90; (g) A portion of the intersection of Cooper Avenue and Galena Street. For purposes of greater technical clarity, the pedestrian mall as generall described above may be more particularly described as follows, to wit: Beginning at the southeast corner of Block 88 of the original Aspen townsite as shown on the 1959 official city map; thence westerly along the southerly line of Block 88 to the southwest corner of Block 88; thence 116.63 feet along a non tangent curve to the right whose chord bears S69°50'49"W 105.01 feet, to the northeasterly corner of Block 82; thence southerly along the easterly line of Blocks 82 and 83 to a point 45.04 feet northerly of' the southeasterly corner of Block 83; thence 115.78 feet along a non tangent curve to the right whose chord bears N59°50'49"E 104.23 feet, to the southwesterly corner of the north half of Block 90, said corner also being the northwesterly corner of the alley in Block 90; thence northerly along the westerly line of Block 90 to the northwesterly corner of Block 90; thence easterly along the northerly line of Block 90 to the northeasterly corner of Block 90; thence southerly along the easterly line of Block 90 to the southeasterly corner of the north half of Block 90, said corner also being the northeasterly corner of the alley in Block 90; thence easterly along the easterly extension of the northerly line of the alley in Block 90 to the southwesterly corner of the north half of Block 96; thence northerly along the westerly line of Block 96 to the northwesterly corner of Block 96; thence 116.00 feet along a non tangent curve to the right, whose chord bears N30°09'll"W 104.44 feet, to the southeasterly corner of Block 89; thence westerly along the southerly line of Block 89 to the southwesterly corner of Block 89; thence northerly along the westerly line of Block 89 to the northwesterly corner of Block 89; thence easterly along the northerly line of Block 89 to the northeasterly corner of Block 89; thence northerly along a northerly extension of the easterly line of Block 89 to the southeasterly corner of Block 88, the point of beginning; excepting, however, a strip twenty feet in width across Mill Street joining the alleys in Blocks 82 and 89, all in the City of Aspen, County of pitkin, State of Colorado. -3- RECORD OF PROCEEDINGS 1OOLEAVES The above-described pedestrian 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 adopt an ordinance intention of the Aspen City Council to prohibiting all vehicular traffic on such pedestrian mall except fire fighting equipment, ambulances, police vehicles~ and other forms of emergency vehicles, and with the possible further exception of service vehicular traffic to the alley in Block 89 through the malled portion of Mill Street lying northerly of such alley. 5. In the event damages are actually allowed or awarded to any property owner by reason of the establishment of the pedestrian mall, such damages 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 C~y of Aspen Sales Tax which goes into effect July 1, 1973, or from such other source or sources of funds available to the C~ y as the City Council may from time to time deem to be appropriate. 6. Following the establishment of the pedestrian mall, improvements will be made from time to time to such mall. It is anticipated that these imp~vements will be accomplished either by City employees or by private contractors under agree- ment with the City, and that the same shall be paid for out of the proceeds of the City of Aspen Sales Tax which goes into effect July 1, 1973, 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. -4- RECORD OF PROCEEDINGS 7. Notice is hereby given that a public hearing on the establishment of the proposed pedestrian mall shall be held on June 4, 1973 at 4:00 P.M. in the City Council Chambers, City Hall Building, Aspen, Colorado. Written and oral pre- sentations 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. 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 prior to the first reading of the ordinance establishing the pedestrian mall. The earliest date upon which s~ch first reading might occur is the date of the public in the preceding paragraph. Dated this 26th day of March, 1973 ~ hearing described Mayor I, Lorraine Graves, duly appointed City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and correct copy of the Resolution of Intention adopted by the Aspen City Council at the regular meeting ~eld March .~., 1973. Clerk -5- MONARCH ST. I'rl I'rl L rq ST. ._. o©. o4 -fl 0