Loading...
V.2. Minneapolis Park and Recreation Board Conditional Use Permit Amendment for Meadowbrook Golf Course; Lindahl April 21, 2020 City Council Report 2020-024 Minneapolis Park and Recreation Board Conditional Use Permit Amendment for Meadowbrook Golf Course Proposed Actions: 1. Move to adopt Resolution 2020-017 approving an amendment to the existing conditional use permit for Meadowbrook Golf Course allowing the continued operation of a temporary clubhouse trailer, subject to conditions. 2. Move to approve a development agreement with the Minneapolis Park and Recreation Board and direct staff to execute the agreement. Overview The applicant, the Minneapolis Park and Recreation Board (MPRB), requests an amendment to its existing conditional use permit (CUP) for an outdoor recreational use (Meadowbrook Golf Course) within a residential area. In July of 2017, the City approved an amendment to MPRB’s existing CUP to allow placement and operation of a temporary clubhouse trailer until November 1, 2019 or until a new permanent clubhouse was constructed, whichever came first. The current request would extend the timeline for use of the temporary clubhouse trailer an additional two years to November 1, 2021 or construction of a new permanent clubhouse, whichever comes first. According to MPRB, the addition 2 years is necessary to properly study and plan for improvement to MPRB’s golf course system. Staff recommends approval of this request, subject to certain conditions outlined below. Primary Issues to Consider • Background • Conditional Use Permit Standards • Alternatives Supporting Documents • Resolution 2020-017 • Development Agreement • Letter from the Applicant • Applicant’s Narrative • Temporary Clubhouse Trailer Plans • Review Period Extension Letter • Resolution 2017-052 Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2020-024 Page 2 BACKGROUND The subject property is owned by the Minneapolis Park and Recreation Board (MPRB) and has been used for a municipal golf course since 1925. City records indicate the MPRB first received a conditional use permit to authorize the golf course use and allow snowmobiling in 1970. The MPRB amended this conditional use permit and received a side yard setback variance to allow construction of a golf cart storage building in 1982. According to MPRB, during the winter of 2015-2016 the clubhouse at Meadowbrook Golf Course suffered significant damage when a water pipe ruptured. Because the clubhouse was in winter mode, the break was not discovered for several days. By then, the water damage was significant: main and lower level walls, flooring, insulation, electrical systems, and other building features were damaged beyond repair. Insurance adjusters and MPRB’s staff agreed the water damage rendered the building unusable and largely not repairable. As a result, the original clubhouse building was demolished and the location was filled, leveled, and sodded, and intended to remain a lawn area until construction of the new clubhouse. In July of 2017, the City approved an amendment to MPRB’s existing CUP to allow placement and operation of a temporary clubhouse trailer until November 1, 2019 or a new permanent clubhouse could be constructed, whichever came first. The temporary clubhouse trailer remains on the property and a new permanent clubhouse has not yet been constructed, nor has the MPRB indicated that it will soon construct a permanent clubhouse. As a result, MPRB is in violation of both its conditional use permit and the associated development agreement that it entered into with the City in 2017. Since last fall, MPRB and the City have been in discussion as to how to bring the site into compliance. The 2017 CUP amendment allowed for the placement and operation of a temporary clubhouse trailer to allow continued operation of the Meadowbrook golf course in the same manner as the original clubhouse building. The current temporary clubhouse trailer is positioned just off the southeast edge of the parking area at a location that allows for reasonable operation of the course and significant separation from neighbors. The trailer serves only as a point of sale counter, small offices and restroom. A portion of the parking area was restriped for parking and a small deck was installed to provide required handicapped access. MPRB also installed seasonal plantings to provide an attractive appearance. The temporary clubhouse trailer is connected to public and private utilities including electric and data lines and sewer and water services. Porta-potties provide required bathroom facilities. Food service and alcohol sales continued as they have in previous seasons, separate from the temporary clubhouse trailer. According to the applicant, food truck vendors are on site daily and serve alcohol from the food truck and a beverage cart to golf patrons only. It should be noted that this practice does not comply with the City’s food truck standards and a condition of approval requires the applicant to adjust their business practices to comply with these requirements. Current Request. MPRB’s current request would extend the timeline for use of the temporary clubhouse trailer for an additional two years to November 1, 2021 or construction of a new permanent clubhouse, whichever comes first. According to MPRB, the additional 2 years is necessary to properly study and plan for improvement to MPRB’s entire golf course system. City Council Report 2020-024 Page 3 According to MPRB, in the time since the 2017 amendment to allow the temporary clubhouse trailer they have conducted a preliminary study of the MPRB’s golf system (see attached narrative). That preliminary study found both a significant decrease in total rounds played throughout the MPRB’s golf system and an average audited loss of $800,000 annually. The preliminary study also suggested the need for $17 million in improvements to the golf course system with $6 million identified for Meadowbrook. Those circumstances suggest clubhouse replacement activities—or a significant capital investment in any component of the golf enterprise—be suspended until the MPRB Board of Commissioners could offer direction for the future of golf operations or a change in any component of the golf operation. MPRB Superintendent Al Bangoura has indicated his intention to direct MPRB staff to expand upon the preliminary study and deliver a full report on the status of the golf component of the MPRB’s enterprise operation to the Board of Commissioners in 2020. Planning & Zoning Commission Action. Due to the ongoing coronavirus pandemic and the related statewide emergency declaration, City staff and the City Attorney decided to extend the review period for this item an additional 60 days and to hold the public hearing before the City Council rather than the Planning & Zoning Commission. As a result, new notice of this public hearing was published in the official newspaper and mailed to all properties within 350 feet. The notice directed all interested parties to make their comments to City Planner Jason Lindahl by mail, phone or e-mail before noon on Tuesday, April 21, 2020. As of the writing of this report, no comments had been received. Staff will provided a public comment update to the City Council during the public hearing. CONDITIONAL USE PERMIT Conditional use permit applications are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations and requirements within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance can be met under the proposed use. Generally, if the proposed use can meet all of these requirements, the conditional use permit is approved. In evaluating this conditional use permit application, the City shall consider and require compliance with the specific conditions for outdoor recreation areas outlined in Section 102- 163(a)(2) and the general conditional use standards detailed in Section 102-94(o). It should also be noted that Section 102-94(m) states the City may require a development agreement as condition of approval. In this case, staff recommends the City Council require a new development agreement detailing the terms of this development (see attached). A conditional use permit expires one year after it has been issued unless the use for which the permit has been granted is in effect. The City Council may grant extensions not to exceed one year. Once established, if a use granted by conditional use permit ceases to operate for six months, the conditional use granted for that property will expire. The Council may impose conditions and require guarantees in the granting of conditional use permits. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such permit. Chapter 102, Article V, Section 102-163(a)(2). Specific standards for outdoor recreation areas in a residential district. b) Outdoor recreation areas not designed and owned as a part of a single family home or two City Council Report 2020-024 Page 4 family structure, or not owned or operated by the city, provided that: 1. All accessory or ancillary structures used in connection therewith are located not less than 50 feet from all lot lines; Findings: The proposed location of temporary clubhouse trailer exceeds the 50’ setback requirement. According to MPRB’s site plan, the temporary clubhouse trailer will be located 190’ from the western property line and 250’ from the southern property line. 2. Golf courses shall not include driving ranges and shall have an average of 130 yards or more per hole; Findings: According to MPRB, there is no driving range and the course’s hole length averages over 130 yards. The course is 6500 yards long, which averages 361 yards per hole from the far tees, 274 from the forward tees. 3. Country clubs shall include a golf course; Findings: The subject property does not include a country club. 4. Outdoor game court and swimming pools abutting upon or in any R district shall be fenced and screened by plantings or other suitable screening material, and shall not be lighted between the hours of 11 P.M. and 6 A.M. of the following day. The term game court and pool shall be construed to include all areas bounded by the fencing in connection therewith; Findings: The subject property does not include game courts or swimming pools. 5. All recreation facilities not a part of a PUD shall require a cost report to show the number of families necessary to support such facility. Findings: The subject property does not include a planned unit development (PUD) approval. Chapter 102, Article III, Section 102-94.O. Staff analysis of the general conditional use permit review criteria is provided below. The applicant’s narrative response to these criteria is also attached for your reference. 1) Consistency with the elements and objectives of the City's development plan, including the comprehensive plan and any other relevant plans at the time of the request. Finding: The existing outdoor recreation use (golf course) is consistent with the comprehensive plan. The City’s future land use map guides the subject property as Open Space. The property is zoned R-1-C, which allows outdoor recreation through a conditional use permit. The proposed temporary clubhouse trailer is acceptable but only as a short-term structure. 2) Consistency with this article. City Council Report 2020-024 Page 5 Finding: The size and placement of the temporary clubhouse trailer is consistent with the lot and building standards for R-1-C district and the conditional use standards for outdoor recreation uses. Lot & Building Standards for the R-1-C Single Family Medium Density District Standard Requirement Existing Lot Area 20,000 square feet 2,790,855 square feet (64 acres) Lot Width 80 feet 1,285 feet Front Setback 50 foot* 190 feet Rear Setback 50 feet* 1,000 feet Side Setback 50 feet* 250 feet Principal Building Height 35 feet (maximum) 25 feet *See conditional use permit standards Section 102-163(a)(2) 3) Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development. Finding: Staff finds that in the short term, the proposed temporary clubhouse trailer will not significantly alter the existing relationship of buildings and open space with natural site features or their visual relationship to the development. However, there should only be one clubhouse on the site at a time. The construction of future buildings will require re- evaluation of this CUP and removal of the proposed temporary clubhouse trailer. 4) Creation of a functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community. Finding: Staff finds that in the short term, the proposed temporary clubhouse trailer will not impact the internal sense of order for the buildings and uses on the site. Use of the temporary clubhouse trailer beyond November 1, 2021, could create an undesirable environment for occupants, visitors and the general community, and would further indicate a lack of commitment to the future of the community. b. The amount and location of open space and landscaping. Finding: The proposed temporary clubhouse trailer will not impact the amount and location of open space. Seasonal plantings will be added to provide an attractive appearance. c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses. Finding: The temporary clubhouse trailer’s exterior materials and details of construction are acceptable for the short-term nature of MPRB’s request (placement and operation until November 1, 2021). However, in the long term its exterior material and details of City Council Report 2020-024 Page 6 construction are incompatible with the exterior materials and details of construction in the surrounding neighborhood. d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangements and amount of parking. Finding: The site will have adequate vehicle and pedestrian circulation. The temporary clubhouse trailer will be positioned just off the southeast edge of the parking area and will be operated similarly to the former clubhouse. The existing parking area and pedestrian trails provide adequate access to this location. 5) Promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading. Finding: Given MPRB is proposing a temporary clubhouse trailer, staff finds that it is unnecessary to evaluate the clubhouse’s energy efficiency. Use of this temporary clubhouse trailer beyond November 1, 2021, should prompt a re-evaluation of how the temporary clubhouse trailer promotes energy efficiency. 6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: Given the interim nature and proposed location of the temporary clubhouse trailer, it is unnecessary to require additional protection for adjacent and neighboring properties with these provisions. Should the temporary clubhouse trailer be in place longer than November 1, 2021, the site as it relates to this condition should be re- evaluated. 7) The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor tend to or actually diminish and impair property values within the neighborhood. Finding: The proposed temporary clubhouse trailer should not be injurious to the use and enjoyment of other property in the immediate vicinity or diminish and impair property values within the neighborhood provided it is removed as scheduled by November 1, 2021. Should the proposed temporary clubhouse trailer remain in place longer than this date, the site as it relates to this condition should be re-evaluated. 8) In Institutional zoning districts, the Conditional Use Permit application shall comply with the standards, conditions and requirements stated in Section 102-307of this Ordinance. Finding: Section 102-307provides for standards related to a conditional use that includes demolition or removal of dwelling units and does not apply to this application. City Council Report 2020-024 Page 7 9) Traffic impacts such as increases in vehicular traffic, changes in traffic movements, traffic congestion, interference with other transportation systems or pedestrian traffic, and traffic hazards shall be considered by the Planning & Zoning Commission and City Council in evaluating an application for a Conditional Use Permit. Finding: The temporary clubhouse trailer will be positioned just off the southeast edge of the parking area and will be operated similarly to the former clubhouse. The existing parking area and pedestrian trails provide adequate vehicle and pedestrian access to and from the site. ALTERNATIVES 1. Vote to approve. If this amendment request is approved, MPRB will be allowed to operate a temporary clubhouse trailer until November 1, 2021 or construction of a permanent clubhouse, whichever comes first. 2. Vote to deny. If this amendment request is denied, MPRB will be required to remove the existing temporary clubhouse trailer and seek alternative methods of operation. 3. Continue for further information. If the City Council finds that further information is needed, this item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2020-017 A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT FOR MEADOWBROOK GOLF COURSE ALLOWING THE CONTINUED OPERATION OF A TEMPORARY CLUBHOUSE WHEREAS, the applicant, the Minneapolis Parks and Recreation Board (the “Applicant”), initiated an application to amend its existing conditional use permit (CUP) for Meadowbrook Golf Course to allow the continued operation of a temporary clubhouse at 201 Meadowbrook Road; WHEREAS, the property is legally described as follows: THAT PART OF MEADOWBROOK GOLF COURSE EMBRACED WITHIN THAT PART OF E 1/2 OF SW1/4 OF SEC 20 T 117 R 21 LYING SLY OF CENTER LINE OF EXCELSIOR ROAD SUBJECT TO ROAD WHEREAS, the procedural history of the application is as follows: 1. That the property has an existing conditional use permit issued in 1970 and amended in 1982; 2. That the City of Hopkins approved Resolution 2017-052 approving an amendment to the original conditional use permit allowing the placement and operation of a temporary clubhouse trailer on July 11, 2017. 3. That another application to amend the existing conditional use permit related to the temporary clubhouse trailer was initiated by the Applicant on February 21, 2020; 4. That the City of Hopkins sent the applicant a letter on March 23, 2020 extending the review period for this application an additional 60 days due to the ongoing coronavirus pandemic and the statewide emergency declaration related to the same. 5. That the City Council, pursuant to published and mailed notice, held a public hearing and reviewed such application on April 21, 2020: all persons present were given an opportunity to be heard; 6. That the written comments and analysis of City staff were considered; and, WHEREAS, staff recommended approval of the conditional use permit amendment based on the findings outlined in City Council Report 2020-024 dated April 21, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves an amendment to the existing conditional use permit for Meadowbrook Golf Course allowing a temporary clubhouse trailer at 201 Meadowbrook Road, subject to the conditions listed below. 1. The Applicant shall enter into a new development agreement with the City which meets all City requirements, and the Applicant shall further meet all of its obligations contained in said development agreement. 2. The Applicant shall obtain any required building permits for the temporary clubhouse and conform with all conditions. 3. The Applicant shall conform with the building and fire codes. 4. The Applicant shall conform with all conditional use permit standards in Chapter 102, Article III, Section 102-94.O, and the specific conditions for outdoor recreation areas outlined in Chapter 102, Article V, Section 102-163(a)(2) 5. The temporary clubhouse shall be removed by November 1, 2021, or upon construction of a new permanent clubhouse, whichever comes first. 6. The Applicant shall receive all necessary approvals for a new permanent golf clubhouse on the Meadowbrook Golf Course Prior to November 1, 2021. 7. The Applicant shall submit a letter of credit security in a form acceptable to the City Attorney in the amount of $25,000 to cover expense related to removing the temporary clubhouse trailer. 8. The temporary clubhouse shall be connected to City sewer and water utilities. 9. The Applicant shall comply with all applicable liquor licensing requirements. 10. The Applicant shall comply with all applicable requirements for the operation of a food truck. 11. The Applicant shall pay the City all applicable fees associated with its application, including legal fees. 12. The Applicant shall agree to pay the special assessments associated with the City’s Interlachen Park Street and Utility Improvement Project in the amount the City determines the Meadowbrook property is benefitted from said project. 13. This conditional use permit expires one year after it has been issued unless the use for which the permit has been granted is in effect. 14. Once established, if a use granted by conditional use permit ceases to operate for six months, the conditional use granted for that property will expire. Adopted this 21st day of April 2020. _______________________ Jason Gadd, Mayor ATTEST: ______________________ Amy Domeier, City Clerk 1 DEVELOPMENT AGREEMENT FOR A TEMPORARY STRUCTURE AND REMOVAL THEREOF This DEVELOPMENT AGREEMENT FOR A TEMPORARY STRUCTURE AND REMOVAL THEREOF (“Agreement”) is made and entered into this __ day of ______________, 2020 by and between the City of Minneapolis, acting by and through its Park and Recreation Board, a Minnesota municipal corporation (hereinafter referred to as “Owner”) and the City of Hopkins, a Minnesota municipal corporation (hereinafter referred to as “City”). RECITALS A. The Owner is the fee owner of the property located at 201 Meadowbrook Road, Hopkins, Minnesota, and legally described in the attached Exhibit A (the “Property”); B. Pursuant to the terms of a conditional use permit amendment that was approved by the City in 2017 (the “2017 CUP”), the Owner currently maintains an approximately 720 square foot temporary clubhouse structure (“Temporary Structure”) on the Property. The 2017 CUP required the removal of the Temporary Structure on or before November 1, 2019; C. The Owner has applied for another amendment to its conditional use permit (“CUP”) to continue utilizing the approximately 720 square foot Temporary Structure at the Property, with such amended CUP being approved by the City Council on November 21, 2020, pursuant to Resolution No. 2020-XXXX, a copy of which is attached hereto at Exhibit C and incorporated herein by reference; D. The Owner shall comply with all the terms and conditions of the CUP expressly contained in the approving resolution, Resolution No. 2020-XXXX; E. The Owner shall apply for and maintain all of the required permits necessary to place the Temporary Structure; F. Any improvements to the Property, including the placement and the removal of the Temporary Structure pursuant to Resolution No. 2020-XXXX, shall be at the sole cost of the Owner; G. The City has determined that allowing the Owner to utilize the Temporary Structure until November 1, 2021, or until the construction of the permanent clubhouse structure, whichever comes first, is reasonable under these circumstances, provided the Owner complies with all of the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual covenants and promises contained herein, the parties hereto agree and stipulate as follows: 2 1. Permits; Compliance. The Owner is responsible for obtaining all permits required to place and maintain the Temporary Structure on the Property and for complying with all applicable federal, state, and local laws, rules, regulations, and ordinances related to its use of the Temporary Clubhouse and its use of the Property. 2. Accessory Structure. The Owner may keep the Temporary Structure on the Property and the placement of the Temporary Structure must be in accordance with the Plans, the requirements imposed on any permits issued, the terms and conditions of Resolution No. 2020-XXXX, the terms and conditions of this Agreement, the City’s ordinances, and the following requirements: (a) The Temporary Structure shall not contain any living space and shall not be used at any time for sleeping or as a dwelling unit. (b) Issuance of a any necessary building permits for the Temporary Structure and conformance with all conditions. (c) Conformance with the building and fire codes. (d) Conformance with all conditional use permit standards in Section 525.13, Subdivision 15, and the specific conditions for outdoor recreation areas outlined in Section 530.09, Subdivision 1.b of the City’s code. (e) The proposed Temporary Structure shall be completely removed from the Property no later than November 1, 2021, or after construction of a new permanent golf clubhouse structure, whichever comes first. (f) The CUP expires one year after it has been issued unless the use for which the permit has been granted is in effect. (g) Once established, if a use granted by the CUP ceases to operate for six months, the conditional use granted for that property will expire. (h) The Owner shall submit a landscape security equal to 1.5 times the cost of the seasonal landscaping. (i) The proposed Temporary Structure shall be connected to City sewer and water utilities. (j) The Owner shall supply the City with a letter of credit meeting the requirements contained herein. (k) The Temporary Structure shall include one Americans with Disabilities Act- compliant, unisex restroom facility; in addition, two additional portable restroom facilities shall be located outside and adjacent to the Temporary Structure. 3. Removal of Temporary Structure. The Owner shall completely remove the Temporary Structure, including the foundation, from the Property by the established deadline of 3 November 1, 2021, or sooner, if the construction of a permanent golf clubhouse structure is completed prior to such date and the City has issued a certificate of occupancy for such permanent clubhouse. If the Owner fails to remove the Temporary Structure, the City is granted a license to enter onto the Property for the purpose of removing the structure, as further detailed herein. 4. Property Construction, Maintenance and Repair. The Owner shall be solely responsible for the cost and the placement, maintenance, and repair of the Temporary Structure and the Property, both during the installation and the removal of the Temporary Structure. The Owner shall repair and maintain, in a proper, substantial, and workmanlike manner, the Temporary Structure and the Property during the term of this Agreement. Owner shall be responsible for the costs of removal of any refuse or waste materials from the Property. The Owner shall not use the Property for the storage, handling, transportation or disposal of any hazardous substance, hazardous waste, pollutant or contaminant as those terms are defined in 42 U.S.C. Section 9601, et. seq. (“CERCLA”) or Minnesota Statutes Chapter 115B (“MERLA”). In the event that Owner fails to repair or maintain the Temporary Structure and the Property during the term of this Agreement, the City may pursue any remedy available pursuant to this Agreement, or otherwise. 5. Right of Entry. The City shall retain a right of entry upon the Property to enforce the terms of this Agreement. The City has the right, but not the obligation, to enter the Property to remove and dispose of the Temporary Structure pursuant to this Agreement. If the City plans to exercise this right, the City shall make reasonable efforts to notify the Owner before any removal of the Temporary Structure shall commence. Nothing in this Agreement shall create liability on behalf of the City for removing Temporary Structure, and the Owner shall have no right to recover any damages, at law or in equity, for the removal of the same if done in accordance with the terms contained herein. 6. Costs/Letter of Credit. The Owner agrees that all costs for the construction and the removal of the Temporary Structure at the Property must be paid by Owner. The City shall assume no cost, either directly or indirectly, for the placement or removal of the Temporary Structure. In order to ensure completion of the placement and the removal of the Temporary Structure at the Property pursuant to this Agreement and to satisfy any current or future costs to the City, the Owner agrees to deliver to the City prior to any work at the Property a letter of credit (“Letter of Credit”) in the amount of $25,000, which amount represents 150% of the estimated cost to the City should it have to remove the Temporary Structure and to exercise its right of entry onto the Property, including all incidental costs associated therewith. This amount represents the maximum risk exposure to the City, rather than the entire cost of all improvements. The Letter of Credit shall be delivered to the City prior to any future public use of the Temporary Clubhouse and it shall renew automatically thereafter until released by the City. The Letter of Credit shall be in a form acceptable to the City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or in part, in order to complete any construction, maintenance, or removal of the Temporary Structure at the Property, and to pay any fees or costs due to the City. The City may draw upon the Letter of Credit to pay any costs or expenses it may incur related to the Temporary Structure, as well as an y costs and expenses, including attorneys’ fees, the City may incur to enforce this Agreement and to recover its costs. 4 The City agrees to release or reduce the Letter of Credit upon termination of this Agreement and satisfaction of all of the Owner’s duties under this Agreement. If at any time the City determines that the bank issuing the Letter of Credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Owner and the Owner shall provide to the City, within 30 days, a substitute Letter of Credit from another bank meeting the City’s requirements. If the Owner fails to provide the City within 30 days with a substitute Letter of Credit from an issuing bank satisfactory to the City, the City may draw on the existing Letter of Credit. In the event the City does not recover its costs under the provisions of this paragraph 6, as an additional remedy, the City may, at its option, assess the Property in the manner provided by Minnesota Statutes, Chapter 429, and the Owner hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statues, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City. Further, the City may, at its option, as an additional remedy, recover expenses actually incurred by the City as service charges, in the manner provided by Minnesota Statutes, Sections 415.01, 366.011, and 366.012, and the Owner hereby consents and agrees that any such unreimbursed costs shall constitute a service fee the City may collect as provided pursuant to the above-referenced statutes and the Owner further consents to the levy of such assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statues, provided the amount levied does not exceed the expenses actually incurred by the City pursuant to this Agreement. This paragraph 6 shall survive termination of this Agreement and shall be binding on the Owner regardless of the enforceability of any other provision of this Agreement. 7. City Administrative Costs. The Owner agrees to pay the City’s legal costs for drafting and processing this Agreement. The Owner shall place $1,000.00 in escrow with the City from which the City will deduct its legal costs. The City will return, without interest, any unused portion of the escrow to the Owner once the Temporary Structure is removed. If the City determines to remove the Temporary Structure as provided in this Agreement, it may use any remaining portion of the escrow, together with the Letter of Credit, to pay the costs of removal. 8. City Project 2019-10 Assessment. On April 21, 2020, the City determined an appropriate assessment amount of $67,095.10 for the Property in accordance with Minnesota Statutes, Section 435.19. The Owner agrees that the aforementioned amount is reasonable and agrees to pay said assessment pursuant to the terms of all other assessments previously levied by the City and associated with the same project. 9. Insurance. The Owner is and will remain self-insured pursuant to its authority under Minnesota Statutes, Section 471.981. Its tort liability limits are governed by Minnesota Statutes, Section 466.04. 10. Owner Representations. The Owner represents that it is the fee owner of the Property, that it has full legal power and authority to encumber the Property as provided in this Agreement, that in doing so it is not in violation of the terms or conditions of any instrument or agreement 5 of any nature to which the Owner is bound or which relates in any manner to the Property. By signing this Agreement the Owner grants the City a license, and such other permissions as may be required, to enter the Property as needed to conduct inspections and to remove the Temporary Structure as provided in this Agreement. 11. Termination. This Agreement shall terminate once the Temporary Structure is removed, the City has been fully reimbursed for all costs and expenses it has incurred as provided herein, and the City has returned any remaining Letter of Credit and escrow to the Owner. 12. Liability; Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Owner, Owner’s successors or assigns, Owner’s contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement the performance of this Agreement, or the City’s exercise of its rights under this Agreement, nor will Owner make any claim against the City for or on account of any injury, loss or damage resulting from Owner’s Property or use thereof. The Owner agrees to indemnify, protect, hold harmless and defend the City, its officials, employees, contractors and agents from and against any and all liability, loss, costs, damages, expenses, claims, actions or judgments, including attorneys’ fees which Owner, its officers, employees, agents or contractors may hereinafter sustain, incur, or be required to pay, arising out of by reason of any act or failure to act by Owner, its officers, employees, agents or contractors or arising out of or by reason of this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. 13. Replacement of Prior Agreement. This Agreement, once fully executed, shall replace that certain previous agreement between the parties, also entitled Development Agreement for a Temporary Structure and Removal Thereof, dated July 14, 2017 and recorded on September 6, 2017 as Document No. T5473648 with the Hennepin County Recorder – Registrar of Titles. 14. Miscellaneous Provisions. (a) Covenant; Assignment. The promises and obligations contained within this Agreement are covenants running with the Property and are binding on the Owner and the Owner’s successors and assigns until this Agreement is terminated as provided herein. This Agreement and any rights granted to the Owner thereunder shall not be transferred or assigned without the prior written consent of the City. (b) Entire Agreement; Modification. This Agreement, together with any exhibits hereto, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This 6 Agreement may be modified or amended only by court order or by a writing executed by all the parties hereto under the provisions of this Agreement. (c) Notice. Any notice which is required under this Agreement will be deemed "given" upon hand delivery or three (3) days after prepaid posting in the U. S. Mail whichever will first occur. Notices shall be delivered or mailed to, or to such other address as a party may designate by notice to the other party: (1) If to the Owner: Minneapolis Park and Recreation Board 2117 West River Road North Minneapolis, MN 55411 (2) If to the City: City of Hopkins 1010 1st Street South Hopkins, MN 55021 ATTN: City Manager with a copy to: Scott J. Riggs Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (d) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (e) Recording. The covenants and agreements contained in this Agreement shall bind the Owner and the Owner’s successors and assigns and shall run with the Property. It is the intent of the parties to this Agreement that this Agreement be in a form which is recordable among the property records of Hennepin County, Minnesota. The City may record this Agreement with the County at the Owner’s expense. (f) Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. (g) Waiver. The waiver by the City or the Owner of any breach of any term of this Agreement shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Agreement. 7 (h) Headings. Any headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. (i) Severability. If any part of this Agreement shall be held invalid, it shall not affect the validity of the remaining parts of this Agreement, provided that such invalidity does not materially prejudice either party under the remaining parts of this Agreement and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. (j) Public Data. This Agreement and the information related to it are subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, which presumes that data collected by the City is public data unless classified otherwise by law. (k) Relationship of Parties. Nothing contained in this Agreement shall be deemed to create a partnership, association or joint venture between the City and the Owner, or to create any other relationship between the parties other than that of the City and the Owner. (l) Compliance with Laws. The Owner agrees to abide by and conform to all laws, rules, and regulations, including future amendments, controlling or affecting the use or occupancy of the Property. (m) Attorney Fees. The Owner agrees to pay the City's costs and expenses, including attorney fees, in the drafting and review of this Agreement. The Owner further agrees to pay the City’s costs and expenses, including attorney fees, in the event a suit or action is brought by the City against the Owner to enforce the terms of this Agreement. (n) Recitals. The recitals set forth above are incorporated into the Agreement. 8 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date written above. OWNER The City of Minneapolis, acting by and through its Park and Recreation Board By: ______________________________ Its: ______________________________ Date: ______________________________ By: ______________________________ Its: ______________________________ Date: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2020, by __________________________ and ________________________, the _______________________ and ______________________, respectively, of the Minneapolis Park and Recreation Board, on behalf of the Board. _____________________________________ Notary Public 9 CITY CITY OF HOPKINS By: ______________________________ Jason Gadd Its: Mayor Date: ______________________________ By: ______________________________ Michael Mornson Its: City Manager Date: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2020, by Jason Gadd and Michael Mornson, the Mayor and City Manager, respectively, of the City of Hopkins, a Minnesota municipal corporation, on behalf of the City. _____________________________________ Notary Public This document was drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 A-1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY That part of Meadowbrook Golf Course embraced within that part of E1/2 of SW1/4 of Sec 20 T 117 R 21 lying Sly of center line of Excelsior Road subject to Road. B-1 EXHIBIT B PLANS [to be inserted] C-1 EXHIBIT C RESOLUTION NO. 2020-XXXX [to be inserted] Applicant Submission for CUP Application for Temporary Clubhouse (March 17, 2020) Applicant documentation regarding satisfaction of the standards of Section 102.94(o) within the City Zoning Code regarding the Minneapolis Park and Recreation Board’s request to the City of Hopkins to issue a CUP extending the time period of the temporary clubhouse at Meadowbrook Golf Course. (a) rule. Certain uses, may or may not be suitable in a particular zoning district, depending upon the suitability of the circumstances. When such circumstances are found to exist, and the use not adversely affect the health, safety or general welfare of residents of the surrounding area or the community as a whole, a conditional use permit may be granted. Conditions may be applied to the granting of a permit and periodic review of the permit may be required. The permit shall be granted for a particular use and not for a particular person. The cancellation of a conditional use permit, if not protected by non- conforming use rights, shall be considered equivalent to a rezoning, and the procedural requirements of a rezoning apply. Standards. In evaluating a conditional use permit application and granting a conditional use permit, the planning commission and city council shall consider and require compliance with the following standards, conditions and requirements. Please note that the City of Hopkins issued a CUP for the existing temporary clubhouse trailer in 2017. The proposed CUP is for the same trailer, in the same location, with the same use, and the same ancillary features as was approved for the 2017 CUP. Consequently, the prior City approval of the 2017 CUP provides a strong precedent for a satisfaction of the standards in Section 102.94(o). (1) The consistency with the elements and objectives of the city’s development plan, including the comprehensive plan and any other relevant plans at the time of the request; Meadowbrook Golf Course was first developed as a municipal golf course in 1925 and it has been maintained as a golf course consistently since then. In essence, the City of Hopkins and residential uses in Hopkins, St. Louis Park and Edina grew around and adapted to the golf course use, well before the golf course property was annexed into the City of Hopkins. The request to extend the term of the temporary clubhouse offers stability to those long-standing and primarily residential uses of nearby properties which have been guided and developed by policies of each city. Meadowbrook Golf Course fully conforms with the current comprehensive plan use of “Golf Course,” so the issuance of the proposed CUP is consistent with the current plan and satisfies this standard. The city’s yet-to-be approved 2040 comprehensive plan indicates a change in guidance for the golf course property. For the first time, the city’s plans indicate a change from golf course to “Suburban Neighborhood,” a residential land use classification with a density of two to four dwelling units per acre. After full adoption of the comprehensive plan update, the course (but not the temporary clubhouse) would continue as a legal non-conforming use. Any change to the golf course property, even if aligned with the yet-to-be approved comprehensive plan, poses greater changes to surrounding neighborhoods than the request to extend the term of the temporary clubhouse. In any case, the temporary nature of the clubhouse and the relatively short duration (2 years) of the CUP will not inhibit or preclude future residential redevelopment consistent with the 2040 comprehensive plan. Applicant Submission for CUP Application for Temporary Clubhouse (March 17, 2020) Page 2 261051 (2) Consistency with this article; Section 102.94 indicates that conditional use permits may be issued in a district zoned for residential use provided the use under the permit does “not adversely affect the health, safety or general welfare of residents of the surrounding area or the community as a whole.” The perpetuation of the temporary clubhouse carries none of those adverse affects, as it is intended solely as a place of transactions related to the golf course. Traffic, an affect often viewed as adverse, is generated by the golf course, not the temporary clubhouse. There are no changes to the patterns of the landscape or drainage on the property as a result of the placement of the temporary clubhouse and those patterns are unchanged from those approved for the CUP issued in 2017. (3) Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development; Meadowbrook Golf Course comprises nearly 207 acres. The portion of the property in Hopkins is 64.74 acres. With the exception of the few structures supporting the golf course (a maintenance building and a cart storage building, the total of which is about 4,000 square feet), the temporary clubhouse is the only structure on the Hopkins portion of the property and it is less than 1,000 square feet. Those structures, while important for the operations of the golf course, are small, allowing the character of the golf course as a generally open and pastoral landscape to predominate. To the degree practicable, the temporary clubhouse was located distant from nearby residential properties with landscape additions providing screening from the nearest homes. The temporary clubhouse is important to perpetuating the use of the property as a golf course. While other methods of conducting golf transactions are possible, the most understandable for golf patrons is some form of structure where green fees and minor golf needs can be purchased. The request to extend the term of the temporary clubhouse involves no earth moving, no tree removal, no additional paving, and no activities that would disturb the natural features of the site. In fact, the city’s proposal to repave Meadowbrook Road and introduce a curb and gutter at the edge of the reconstructed street poses a more dramatic change to the relationship between built and natural features of the golf course because it introduces a new feature to the landscape, one that is approaches 2,000 feet in length. (4) Creation of a functional and harmonious design for structures and site features, with special attention of the following: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community; The location of the temporary clubhouse at the edge of the existing parking area focuses activity in one location, rather than extending that activity to areas of the property that have not seen clubhouse-related activities in the past. When considering the clubhouse— temporary or permanent, it is a structure intended for golf-related transactions, all supporting moving golfers onto the golf course as directly as practicable. From a Applicant Submission for CUP Application for Temporary Clubhouse (March 17, 2020) Page 3 261051 community or neighbor perspective, this concentration of activity allows for the greatest proportion of the property to remain quiet and pastoral in character. b. The amount and location of open space and landscaping; The temporary clubhouse will occupy less open space than a replacement clubhouse. Landscaping previously added to the area around the temporary clubhouse has been considered for its growth rate such that desired screening is achieved in the shortest possible period. c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and The temporary clubhouse is somewhat distant from other structures on the golf course property and is located at the edge of the parking area serving the golf course, with those distances making the temporary clubhouse a structure of its own character rather than assuming the character of other golf course structures. Specific to the temporary clubhouse, its color and size are intended to make it as much of a background element of the landscape as practicable. d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangements and amount of parking. The temporary clubhouse does not change vehicular or pedestrian circulation patterns on the site or encourage a greater number of vehicular or pedestrian trips on or to the golf course property. The point of access to the golf course property for golf patrons remains in its current location on Meadowbrook Road. That access is not proposed to be changed by this request. The request to perpetuate the temporary clubhouse does not change the quantity, arrangement or location of parking. (5) Promotion of energy conservation though design, location, orientation and elevation or structures, the use and location of glass in structures and the use of landscape materials and site grading; The temporary clubhouse utilizes a trailer. It is not intended as a permanent structure. Still, as a seasonal use structure, the temporary clubhouse will consume less energy in its construction, placement, and occupancy than a permanent clubhouse. (6) Protection of adjacent and neighboring properties through reasonable provision of surface water drainage sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulation which may have substantial effects on neighboring land uses; Applicant Submission for CUP Application for Temporary Clubhouse (March 17, 2020) Page 4 261051 The temporary clubhouse will not change the patterns of drainage, air movement, and light availability on or near the golf course property or introduce sound at levels that do not currently exist today. While the temporary clubhouse will be placed in an area where it is visible from Meadowbrook Road, its size and placement are intended to preserve views of the golf course property and its open and pastoral character. (7) The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not tend to or actually diminish and impair property values within the neighborhood; The temporary clubhouse serves the golf use of the property and does not introduce any other use to the golf course property. Perpetuation of a golf course on the property and the accompanying pastoral, open spaces is the clearest path to supporting the use and enjoyment of other property in the vicinity and ensuring property values in the neighborhood are not diminished or impaired by a change in use on the golf course property. (8) In institutional zoning districts, the conditional use permit shall comply with the standards, conditions and requirements stated in section 102-307: This provision does not apply to the request. (9) Traffic impacts such as increases in vehicular traffic, changes in traffic movements, traffic congestion, interference with other transportation systems or pedestrian traffic, and traffic hazards shall be considered by the planning commission and city council in the proposed shall not cause unacceptable increases in vehicular traffic, traffic congestion or interference with other transportation systems or pedestrian traffic, and will not crate traffic hazards or excessive traffic through residential areas or otherwise cause adverse effects on residential areas or dwellings. The city may require the applicant to submit a traffic study prepared by a traffic consultant approved by the city to demonstrate the applicant’s compliance with the requirements of this section. As a condition of the issuance of a conditional use permit, the city may require the applicant to incorporate in the applicant’s proposal and construct such traffic control measures and improvements as the city may deem necessary, including, but not limited to, directional signalization, channelization, stand-by turn lanes, sidewalks, removal of access points to public streets and moving of access points to public streets; and The factor that most impacts traffic and vehicle trips to the golf course is weather—rain-free periods bring more golfers to the property than rainy periods. This would be the case regardless of the use of a temporary clubhouse or a permanent replacement. The temporary clubhouse serves golf patrons through transactions related to green fees and golf-related supplies. It does not contain any use or introduce any activity that would increase traffic or change the patterns of traffic movement in the vicinity of the golf course. (10) A development in the B-2 Zoning District may require a parking study. If it is determined that a project requiring a conditional use permit will have a parking shortage, the city may require that the applicant provide on-site parking, enter into an agreement to pay the costs of off-site parking, or a combination of both. Applicant Submission for CUP Application for Temporary Clubhouse (March 17, 2020) Page 5 261051 This provision does not apply to the request. Meadowbrook Golf Course Circumstances related to clubhouse replacement 28 February 2020 In late 2018, some months after requesting an amendment to the Conditional Use Permit of 2017 allowing the placement of a temporary clubhouse at Meadowbrook Golf Course, staff of the Minneapolis Park and Recreation Board were directed to prepare a review of golf operations. An initial outline and draft review were prepared by staff to understand the potential extent of a full report and any implications on the totality of the MPRB’s seven golf course operations. Superintendent Bangoura has indicated his intention to direct staff to expand upon the initial outline and draft review, resulting in a full report on the status of the golf component of the MPRB’s enterprise operation being delivered to the Board of Commissioners in 2020. While staff intended to explore opportunities for a replacement clubhouse for Meadowbrook Golf Course when the CUP amendment was granted, the circumstances associated with golf operations were becoming clear in the initial outline and draft review. Those circumstances suggest clubhouse replacement activities—or a significant capital investment in any component of the golf enterprise—be suspended until the Board of Commissioners could offer direction for the future of golf operations or a change in any component of the golf operation. Significantly, two factors revealed in the early investigations stand out: • Over the ten-year period of golf operations between 2008 and 2017, the MPRB’s golf courses operated at an average audited loss of $800,000 annually. (Source: MPRB Finance Department) • The peak number of rounds played on all MPRB golf courses in a season was 327,999 in 1998; in 2018, on the same number of courses, the rounds played was 164,399. (Source: MPRB Finance Department) $(2,500,000) $(2,000,000) $(1,500,000) $(1,000,000) $(500,000) $- $500,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Net Income (Loss), 2008-2017 Net Income (Loss) Meadowbrook Golf Course Circumstances related to clubhouse replacement Page 2 Other findings support the notion of a more holistic approach to the MPRB’s golf operations. Significantly, more than $6 million in capital investments were identified for Meadowbrook Golf Course in 2018, including a new clubhouse, new maintenance facility, and improvements to the course. For the MPRB to make that level of investment, alignment with the evolving golf study is necessary. In total, the baseline capital needs of MPRB golf courses is greater than $17 million. The findings exist at a preliminary stage of development and need to be updated to include figures for 2019. Any recommendations suggested with the findings are even more preliminary as staff has not, until recently, been directed to engage or consult external experts to challenge, confirm, or expand upon possible directions. In essence and as directed by Superintendent Bangoura, the MPRB needs to find a way to save golf in Minneapolis. That charge may require some dramatic changes to the MPRB golf courses. Even at Meadowbrook Golf Course, where the surrounding area’s demographics would seem to strongly support golf, the MPRB would want to advance changes in alignment with a complete set of initiatives organized to support a substantial reinvestment in some or all of the MPRB’s golf courses. The golf study is intended to be completed during 2020. Implementation would begin immediately upon approval by the Board of Commissioners, but full implementation of recommendations would be incremental, perhaps occurring fully only after a period of 20 years based on a limited pool of funds for improvements. 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 19931994199519961997199819992000200120022003200420052006200720082009201020112012201320142015201620172018Rounds Played, 1993-2018, total Meadowbrook Golf Course Circumstances related to clubhouse replacement Page 3 However, a permanent clubhouse structure, succeeding the temporary trailer, for the purpose of selling golf rounds and officing golf staff is a high priority for the MPRB at Meadowbrook Golf Course. The current temporary clubhouse trailer will remain on site and connected to the existing electric service, sanitary sewer service, water service, and data lines. The existing porta-potties will continue to be used. Food service and alcohol sales will be continued as they have been in previous seasons, separate from the temporary clubhouse trailer. Food truck vendors will be on site daily, and will serve the alcohol from the food truck and a beverage cart to golf patrons only. The trailer only serves to be a space for a point of sale counter, small offices, and a toilet. There will be no physical change on site. And for these reasons, we respectfully request the City of Hopkins approve our Conditional Use Permit Amendment extending the temporary clubhouse removal two years to November 1, 2021. 261051 Temporary Clubhouse Structure (March 17, 2020) The temporary clubhouse is a trailer, similar in character to a trailer used on a construction site. It is the same trailer that was installed in 2017 under the prior CUP. It is secured to withstand winds and is connected to data and communications infrastructure. It was installed in a location where access is achieved directly from the golf course parking lot via a wooden deck. Late in 2019, after the end of the golf season, the temporary clubhouse suffered damage due to a water pipe that became disconnected. Water was absorbed into the sheetrock of some of the interior walls. Repairs were made by removing damaged sheetrock, testing for moisture in all remaining sheetrock and making removals as necessary, applying an antimicrobial to the interior of walls to prevent any mold, and installing new sheetrock. All interior repairs were made in November 2019. Portions of the exterior trim of the temporary clubhouse have deteriorated and will be replaced in late March or early April. This work is weather-dependent; to ensure a proper bond of paint to substrate, daytime temperature must be consistently greater than 50 degrees F and nighttime temperatures might be no less than 40 degrees. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2017-052 A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT FOR MEADOWBROOK GOLF COURSE ALLOWING THE PLACEMENT AND OPERATION OF A TEMPORARY CLUBHOUSE WHEREAS, the applicant, the Minneapolis Parks and Recreation Board, initiated an application to amend their existing conditional use permit (CUP) for Meadowbrook Golf Course to allow the placement and operation of a temporary clubhouse at 201 Meadowbrook Road; WHEREAS, the property is legally described as follows: THAT PART OF MEADOWBROOK GOLF COURSE EMBRACED WITHIN THAT PART OF E 1/2 OF SW1/4 OF SEC 20 T 117 R 21 LYING SLY OF CENTER LINE OF EXCELSIOR ROAD SUBJECT TO ROAD WHEREAS, the procedural history of the application is as follows: 1. That the property has an existing conditional use permit issued in 1970 and amended in 1982; 2. That an application to amendment the existing conditional use permit was initiated by the applicant on May 26, 2017; 3. That the Hopkins Planning and Zoning Commission, pursuant to published and mailed notice, held a public hearing and reviewed such application on June 27, 2017: all persons present were given an opportunity to be heard; 4. That the written comments and analysis of City staff were considered; and, WHEREAS, the Planning & Zoning Commission of the City of Hopkins recommended approval of the conditional use permit amendment based on the findings outlined in the staff report dated June 27, 2017. WHEREAS, the City Council of the City of Hopkins reviewed this application during their meeting on July 11, 2017, and agreed with the findings and recommendations of the Planning & Zoning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves an amendment to the existing conditional use permit for Meadowbrook Golf Course allowing a temporary clubhouse at 201 Meadowbrook Road, subject to the conditions listed below. 1. The applicant shall enter into a development agreement with the City. 2. Issuance of a building permit for the temporary clubhouse and conformance with all conditions. 3. Conformance with the building and fire codes. 4. Conformance with all conditional use permit standards in Section 525.13, Subdivision 15, and the specific conditions for outdoor recreation areas outlined in Section 530.09, Subdivision 1.b. 5. The applicant intends to place and operate the temporary clubhouse until November 1, 2019 , or completion of a new permanent clubhouse, whichever comes first. 6. The proposed temporary clubhouse shall be removed by November 1, 2019, or after construction of a new clubhouse, whichever comes first. 7. This conditional use permit expires one year after it has been issued unless the use for which the permit has been granted is in effect. 8. Once established, if a use granted by conditional use permit ceases to operate for six months, the conditional use granted for that property will expire. 9. The applicant shall submit a landscape security equal to 1.5 times the cost of the seasonal landscaping. 10. The proposed temporary clubhouse shall be connected to City sewer and water utilities. Ado ted by the City Counci I of the City of Hopkins tl is 1 I'' day of July 2017. ATTEST: my Domeier, City Clerk Molly Cwnmi gs, Mayor