The Duluth City Council convened a special meeting on June 11, 2025, at 7:15 PM to hear an appeal filed by the Miller Law Office on behalf of appellants seeking to reverse the May 13, 2025 Planning Commission decision approving an interim use permit (IUP) for an interim outdoor living site (Safe Bay) at 1533 West Arrowhead Road. The council acted in a quasi-judicial capacity, hearing presentations from city staff, the appellants, the applicant (Vineyard Christian Fellowship and Chum as operator), and public testimony. After deliberation, the council voted 6-0 to affirm the Planning Commission's decision, upholding the IUP.
Staff Report and Appeal Hearing:
Appellants' Presentation (Brenda Miller, attorney):
Applicants' Presentation (Joel Kilgore, Chum; also Melissa Hasselbrock from Vineyard Church):
Council Questions:
Deliberation and Vote:
All right, thank you. We will call the meeting to order. If we can do the role, please. Okay. Counselor Wall. Here. Councillor Durwachter. Counselor Foresman. Councilor Randor. Here. Counselor Kennedy. Counselor Mayo. Counselor Swenson. Vice President Nephew. Here. President Tomonic. And if you can stand for the pledge. Congratulations to the flag of the United States of America. And to the Republic, which stands one nation. Oh my God, I said it wrong. So thank you. We're going to start the meeting in remembrance of Renee Van Nett, prior city counselor with the tools of civility. The Duluth City Council promotes the use and adherence of the tools of civility in conducting the business of the council. The tools of civility provide increased opportunities for civil discourse, leading to positive resolutions for the issues that face our city. We know that when we have civility, we get civic engagement because we can't make each other civil, and we can only work on ourselves. We state that today I will pay attention, listen, be inclusive, not gossip, show respect, seek common ground, repair damage relationships, use constructive language, and take responsibility. This evening we'll hear appeal follow we'll hear an appeal filed by the Miller Law Office on behalf of its clients, which asks the City Council to reverse the May 13th, 2025 Planning Commission decision approving an interim use permit for the indoor out interim outdoor living site at 1533 West Arrowhead Road. State statute and our city code authorize the City Council to hear this appeal and make a final decision on the application for the interim use permit. An appeal hearing is different from our more familiar public hearing or comment process. So I would like to take a minute to orientate council members on the city council's role in the appeal hearing. The council role this evening is to function in a quasi-judicial capacity. In this role, we are acting more like a court and we are using a more formal process. We will begin the appeal hearing by asking the planning staff to provide a staff report and summary of the process to date. We'll then hear from a representative of the group who is appealing the planning commission's decision. Third, we will hear from a representative of the applicant, Vineyard Christian Fellowship, Vineyard Church, as the owner of the property, Chum as the agent and operator. Each of these parties will have five minutes to present their case. Following these three presentations, there will be a 15-minute, there will be 15 minutes for counselors to ask questions of any party. We also will allow for public comment on this matter. Following the public comment period, counselors will have an opportunity for discussion and will be asked to make a decision. The council's role is to consider the facts presented in the hearing with any evidence submitted as part of the record. We'll consider only the record before us, the evidence that is presented in this hearing, the attachments to the draft, and the party's previous written submissions to the council. After considering these facts presented at the hearing and in record, we will need to apply a certain legal standard to those facts. Because this is an appeal of a request for an interim outdoor living site. The legal standards we are here to apply is from the Dulu City Cole Code in the Unified Development Chapter or UDC. We will make our final decision on the appeal by passing a resolution. In deciding the appeal, we will set out the factual findings and legal conclusions that support our decision. Either by passing a resolution as currently drafted or by amending a draft to conform to our finding and conclusions, passing that amended version. All interested parties are welcome to speak again during the public comment portion of the meeting tonight. We'll be voting on this matter following the public public comment period. And then I'll give a quick apology for myself.