Duluth City Council Special Meeting – July 23, 2026

The Duluth City Council held a special meeting to consider two resolutions concerning initiative petitions that would place land-use and zoning restrictions on portions of the former Lester Park Golf Course before voters. After extensive public comment and council discussion, both resolutions were tabled unanimously to the next regular meeting on Monday, July 27, 2026. The council also conducted first readings of two proposed ordinances stemming from the petitions and then moved into a closed session to discuss litigation strategy.

Public Comments & Testimony

• Director Ben Van Tassel (Planning & Economic Development) provided an update on the ongoing land-use study for the entire 268‑acre former golf course site. He reported that the study is nearly complete and will recommend keeping approximately 210 acres (three-quarters of the site) as open space and designating the lower 60 acres for neighborhood mixed-use development, potentially accommodating 700–900 housing units. The final report will be presented in upcoming public meetings throughout August.
• Michael Bernstein (petitioner) cautioned that rejecting the initiatives would be unprecedented and asked the council to clarify whether they would commit to zoning consistent with the land-use study.
• Hadrian DeMaioribus (Precinct 1) alleged that the city clerk’s office initially failed to count over 1,000 signatures on the petitions, requiring a court-ordered writ of mandamus to correct the error.
• Corinne Freedman Ellis (2nd District) urged the council to uphold the ballot-initiative process as a democratic right.
• Mikayla Haynes (55804) stated that her signature was among those not counted and asked that citizens be allowed to vote on the matter.
• Andrew St. Croix (55804) argued that the council had not listened to residents who opposed the development and called for a public vote.
• David Shafroth (55807) reflected on democratic principles and the importance of regularly scheduled elections.
• Kristin Phillips (55804) questioned why the legality of the initiatives was not raised earlier and noted that DITA meetings regarding the property were frequently canceled.
• Jeff Cook-Lundgren (55812) contrasted the council’s concern for staff time with the thousands of hours volunteers invested in the petition drive.
• Laura Erickson (55804) emphasized the ecological value of the property and argued that only a court, not a city attorney, should decide on the initiative’s legality.
• Tom Ruthe (Lester Park) described the golf course as part of Duluth’s “Emerald Necklace” and urged the council to place the question on the ballot.
• Chris Rubesch (55808) cautioned against restricting ballot access, citing nationwide moves to limit citizen initiatives.
• JT Haines (Precinct 3) stated that the legal issues were complex and disputed, and asked the council not to substitute their judgment for a court’s.
• Brandon Parker (55806) criticized the council for what he called an authoritarian rejection of the initiatives and a pattern of excluding public input.
• Mabel Smebakken (55803) argued that the land-use study’s public input was skewed toward development and that misinformation about maintenance costs had influenced petitioners.

Discussion Items

• Resolution 26-0679R (Councilor Johnson) – A resolution declaring that the subject of the two initiative petitions is preempted by state law and should not be placed on the ballot. City Attorney Lair explained that preemption occurs when a state law (here, the Municipal Planning Act) overrides a conflicting local charter provision. She noted that the attorney’s office independently analyzed the issue and all members reached the same conclusion.
• Resolution 26-0681R (Councilor Durrwachter) – An alternative resolution directing that the initiative ordinances be submitted to voters at a special election on November 3, 2026.
• Council members debated the legal merits, the sufficiency of the public process, and the city’s precedent from a 1996 referendum on Miller Hill rezonings. Councilor Durrwachter questioned whether the city attorney’s opinion was independent of mayoral influence; City Administrator Cohen and Councilor Tomanek defended the staff’s professional integrity. Councilor Forsman moved to table Resolution 679, citing the July 28 charter deadline and the opportunity for further public input on Monday. The motion to table passed unanimously (9–0). Councilor Durrwachter then moved to table Resolution 681, which also passed unanimously (9–0).
• Ordinance 26-033-O – Initiative ordinance requiring the city to rezone the 37.5‑acre “Lake 9” parcel as Park and Open Space (P‑1) and prohibiting any future rezoning for private development unless approved by a majority of voters.
• Ordinance 26-034-O – Initiative ordinance precluding the city from rezoning the 230‑acre Lester Park parcel from a park/conservation designation without voter approval.
• Both ordinances were read for the first time by the deputy clerk.
• President Nephew then moved to enter a closed session under Minnesota Statute 13D.05, subd. 3b, to confer with legal counsel regarding litigation filed by Michael Bernstein. The motion passed unanimously (9–0). Closed session began at 8:20 PM and concluded at 9:56 PM; no action was taken in open session following it.

Key Outcomes

• Both Resolution 26-0679R and Resolution 26-0681R were tabled unanimously (9‑0) until the next regular council meeting on Monday, July 27, 2026.
• Ordinance 26-033-O and Ordinance 26-034-O had a successful first reading; a second reading and potential vote will occur at a future meeting.
• The council conducted a closed session on litigation strategy; no public action resulted.
• The land-use study for Lester Park Golf Course is nearing completion, with a final report expected in the coming weeks and multiple opportunities for public input before council consideration on August 20, 2026.