01-0175R REPLACEMENT
RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQUESTING ADDITIONAL INFORMATION BEFORE WORK PERMITS ARE ISSUED.
BY COUNCILORS GILBERT, STEWART, AND STOVER:

    WHEREAS, in 1997 the city council approved an amendment to the master plan of the Spirit Mountain Recreation Area ("Spirit Mountain") that included the construction of a hotel facility and nine hole golf course; and

    WHEREAS, Spirit Ridge LLC ("Developer") is in the process of developing its plans for the hotel facility and golf course, and any such plans will need to be reviewed and approved by the city council, and a work permit will have to be obtained from the city council prior to the construction of the building or golf course and prior to any site preparation; and

    WHEREAS, in 1998 the city council adopted Resolution 98-0180R, a copy of which is attached as Exhibit A, as a way to facilitate the development process while developer is in the planning phase of the project by notifying developer of the reports, studies, and other information that will be required before the city council will consider approval of a work permit; and

    WHEREAS, the city council has not yet received adequate versions of all the reports, studies, and other information required before considering approval of a work permit; and

    WHEREAS, the developer has not yet applied for any work permits.

    NOW, THEREFORE, BE IT RESOLVED that developer must provide for the council's review, prior to submission of any work permit requests for golf course and hotel, the following documents and information that was listed in Resolution 98-0180R but not yet submitted to the council's satisfaction, and copies of documents that are required as a condition of the lease agreement between Spirit Mountain and developer and approved by the city council on December 15, 1997, and to include the following documents:
        a.     A phase I archeological survey, a review under Section 106 of the National Historic Preservation Act of 1966, and a review under other federal and state historic preservation regulations of the entire property to be leased by developer and a written plan that specifies how developer will deal with any Indian burial or archaeological sites found on the site before or during construction. A phase I archeological survey was recommended in a letter from the state Indian affairs council dated June 10, 1999, a copy of which is attached as Exhibit B;
        b.     A written plan that indicates how developer will comply with the city's water resources management ordinance. Developer agreed to abide by the terms of this ordinance in Article 5(C) of the development agreement;
        c.     A written plan that indicates specifically how developer will minimize impacts to the Spirit Mountain hardwood forest during and after construction. Developer's consultant, Janet K. S. Bernu, described the uniqueness of the hardwood forest and set forth guidelines for preparing a plan in reports dated July 30, 1999, copies of which are attached as Exhibit C;
        d.     A written report of how the proposed development is expected to impact the quantity and quality of drinking water wells of homeowners in the area and written indemnifications indicating that developer and principals of developers accept responsibility for impacts to these wells and will provide restitution for any homeowners whose wells are adversely impacted by the project;
        e.     A protocol to oversee the construction of the golf course and hotel to ensure that wetlands, forest, and cross-country ski trails are protected and preserved as set forth in the lease agreement; this protocol must include regular inspections by an objective outside inspector, a process for halting construction if violations occur, financial and legal penalties for violations, and a guarantee that all damage caused by such violations will be rectified at the expense of developer.
        f.     A written summary of the impact that the golf course will cause to the existing Spirit Mountain cross-country ski trails and a written plan and map showing how the impacted cross-country ski trails will be replaced;
        g.     A written plan for implementing erosion control measures during construction; these measures must comply with the MPCA best management practices for Minnesota and must satisfy the city's erosion and sediment control ordinance (ordinance 9365).


STATEMENT OF PURPOSE:  This resolution requests additional and more detailed information from Spirit Mountain golf course developer before work permits are considered by the city council.