DISCLAIMER

 

07-0244R REPLACEMENT


RESOLUTION ASSURING PUBLIC ACCESS TO AND USE OF LAKE SUPERIOR SHORELINE FROM 23RD AVENUE EAST TO NEAR 25TH AVENUE EAST.

BY COUNCILOR JOHNSON:

     The council finds as follows:

     (a)  Public access to Duluth’s waterways, including Lake Superior, is a sacred right;

     (b)  On or about December 21, 2006, at the time the city acquired the subject property, the administration entered into a memorandum of understanding with Lakewalk Townhomes, LLC, which stated, among other things, that public access to and use of the Lakewalk and shoreline is restricted as follows:

     “(b)  The land will not be available to the public until the Lakewalk is constructed;

     (c)  The Lakewalk will not be lit;

     (d)  There will be no benches, picnic tables, stairs or other physical accommodations to encourage persons to pause or linger along this portion of the Lakewalk or on the beach below”;

     (c)  Access to and use of the public lands is ultimately determined by the city council;

     (d)  The council desires to clarify the public’s right of access to and use of the city-owned Lake Superior shoreline from 23rd Avenue East to near 25th Avenue East.

     NOW, THEREFORE, BE IT RESOLVED:

     (a)  That beginning at the time of passage of this resolution the public shall have access to and use of the Lakewalk and Lake Superior shoreline on land owned by the city from 23rd Avenue East to near 25th Avenue East under the reasonable controls of the park department or other city agency administering the land;

     (b)  The city shall make the minor improvements required to notify the public of areas for pedestrian use, address safety issues, indicate boundaries where necessary and conspicuously post signs on the property notifying the public of its right of access to and use of the property.


STATEMENT OF PURPOSE:  This resolution establishes the public’s right to use a parcel of city land prior to construction of the Lakewalk extension.