03-0789R

REPLACEMENT 2

RESOLUTION EXPRESSING SUPPORT OF LAKEWALK TOWNHOMES PROJECT SUBJECT TO CERTAIN CONDITIONS.

BY COUNCILOR GILBERT:

WHEREAS, the Duluth City Council has been provided with information regarding the development of the proposed Lakewalk Townhomes project to be located between 23rd and 26th Avenues East and between Interstate Highway 35 and Lake Superior; and

WHEREAS, the council is generally supportive of the proposed development at that location, but has significant concerns for the preservation of public open spaces and public uses in the project area.

RESOLVED, that the city council of the city of Duluth hereby expresses its conceptual support for the Lakewalk Townhomes project subject to the following actions and permits being analyzed in depth, discussed and acted upon by the city council after public hearings:
(a) Passage of a resolution approving the resolution of the Duluth economic development authority which approves the project development agreement;
(b) Approval of a special use permit for the project;
(c) Approval of a resolution vacating necessary public rights-of-way in the area of the development, such vacations to be in effect only after dedication by the project's developers of an easement for the extension of the Lakewalk along Lake Superior from the westerly to the easterly most extents of the project area.

BE IT FURTHER RESOLVED, that the above actions and permits shall provide for public ownership of all property, except property currently publicly owned, lying easterly of the following described lines:
(a) The line between Lots 6 and 7, Block E, ENDION DIVISION, and as said line is extended northwesterly to the centerline of platted Water Street;
(b) The centerline of platted Water Street, ENDION DIVISION;
(c) The line between Lots 10 and 11, Block 2, ENDION DIVISION, and as said line is extended to the southeast to the centerline of platted Water Street and to the northwest to the southeasterly right-of-way line of Interstate Highway 35.

BE IT FURTHER RESOLVED, that said land shall be maintained as public open space upon which no development except the Lakewalk extension and improvement to access to Lakewalk and Endion Ledges can be constructed.


STATEMENT OF PURPOSE:  The purpose of this resolution is to evidence the city's conceptual support of the Lakewalk Townhomes project subject to various conditions.

In order for the project to be built, the approval of a number of resolutions and their related documents by the city council will be needed. The council will have to approve a special use permit for the development and the vacation of a number of presently undeveloped street easements in the project area. In addition, DEDA would be approving a development agreement for the project which will require council approval.

This resolution is intended to make it clear that the council's support of the project will be contingent on the developer's commitment that the easterly portion of the area, generally lying east of a line which is from 75' to 100' west of the west line of 25th Avenue East, extended, be maintained as public open space and publicly owned, and upon dedication of an easement for Lakewalk through the entire project area.