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01/19/1988 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 19, 1988 A regular meeting of the Eagan City Council was held on Tuesday, January 19, 1988 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineer Robert Rosene and City Attorney Paul Hauge. OATH OF OFFICE City Administrator Tom Hedges administered the office to newly appointed City Councilmember Pam McCrea. She took the oath of office with her husband, Mark and three children present. AGENDA Wachter moved, Gustafson seconded the motion to approve the agenda as prepared and distributed to the City Council members. All voted in favor. MINUTES January 5, 1988 - Regular Meeting. Mayor Ellison indicated that in the first paragraph on page 1, indicating that a news reporter was present, was not customarily included in the minutes and requested that they not be included in the future. Egan moved, Wachter seconded the motion to approve the •minutes with the following revisions: Page 2, Volunteer Fire Department, the recommendation of declaration of surplus property covered a portable holding tank; on page 3 concerning Wescott Road Truck Traffic Restriction, that the restriction on August 17, 1982 covered truck traffic on Wescott Road; on page 11, the O'Neil Pond trunk storm sewer, the recommendation was that the project be accepted for perpetual maintenance. All voted in favor except McCrea who abstained. December 30, 1987 - Special Meeting. Egan moved, Ellison seconded the motion to approve the minutes as prepared. All voted in favor except Councilmember McCrea who abstained. I I 1 Council Minutes January 19, 1988 PARK DEPARTMENT Park Director Ken Vraa was present. 1. Snowmobile Trails. Mr. Vraa explained that the Advisory Park and Recreation Commission had recommended that the snowmobile trail designation on Johnny Cake Ridge Road from the Highline south to Lebanon Hills Regional Park, and the Highline Trail from Rahn Road to Pilot Knob Road, be moved. There were questions from councilmembers about violations within certain parks and Mr. Vraa indicated that one concern was where there were newly seeded areas. Councilman Egan stated that the park plan envisions reducing the areas allowing snowmobiles and the proposal would be consistent with the plan. Egan moved, Wachter seconded the motion to accept the recommendations of the Park Commission and the City departments, and to approve the recommendations concerning snowmobile trails. All voted yes. 2. Winkler-Jackson PUD - Park Condition Amendment. Mr. Vraa stated that the Winkler-Jackson PUD Agreement provided for a 4.4 acre land dedication to the City and further, the developer was required to do rough grading of the park, not to exceed 50,000 square yards. The owner has now offered a cash settlement of $30,000.00 in lieu of the responsibility of grading and the Park Commission recommended approval. He explained the advantage to the City in that it could do a more formal and complete plan with neighborhood comment. Grading could begin in 1988 according to Mr. Vraa. Egan moved, Wachter seconded the motion to approve the recommendation and authorize it to be implemented. All councilmembers voted affirmatively. POLICE DEPARTMENT Police Chief Jay Berthe was in attendance. Mr. Berthe recommended that the squad car that had been totaled on Thursday, January 7, 1988 in an accident be replaced. He noted that Officer Kevin Putt appears to have recovered quite well and there were no serious injuries. He recommended approval of the purchase of the vehicle through the Hennepin County Joint Purchasing Program. Wachter moved, Gustafson seconded the motion to approve the recommendation and authorize it to be implemented by the staff. All members voted in favor. VOLUNTEER FIRE DEPARTMENT Fire Chief Ken Southorn was present in the audience. Mr. Southorn stated that Officer Putt saved the lives of several firemen who were on the scene at the time of the accident on January 7, 1988 and should be commended for heroic behavior. 2 Council Minutes January 19, 1988 BUILDING INSPECTION DEPARTMENT Chief Building Inspector Doug Reid attended the meeting. Mr. Reid recommended that the Council approve the appointment of Bill Adams to serve on the National Standards Committee for the International Association of Plumbing and Mechanical officials, noting the honor that Mr. Adams received being requested to serve on the Committee which would meet about once or twice a year. Wachter moved, McCrea seconded the motion to approve the appointment of Bill Adams to the Standards Committee as an official representative of the City. All councilmembers voted yes. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: 1. Personnel Items. a. Secretary - Parks & Recreation Department. A recommendation was made that Cherryl Mesko be hired as a secretary to the Department of Parks and Recreation contingent upon successful completion of the City's physical examination requirement. b. Clerk Typist - Engineering Division. The staff recommended the hiring of Jill Foreman as clerk typist in the Engineering Division, contingent upon successful completion of the City's physical examination requirement. 2. Plumbers Licenses. A schedule of applications for plumbers licenses was submitted and the recommendation was made that they be approved. 3. Compri Hotel - Liquor License. After review by the Police Department, the staff recommended that the Council approve the on- sale liquor license renewal for the Compri Hotel with the understanding that Stanley J. Kennedy would be designated as manager. 4. City Vehicle - Purchase Authorization. A recommendation was made based upon the budget approved by the City Council, that the Council authorize the purchase of seven light trucks through the Hennepin County Contract #85-41 for various departments in the City. 5. Blackhawk Point - Vacation. A Petition had been received requesting a vacation of a portion of the cul-de-sac right-of-way consisting of Blackhawk Point. It was recommended that the Petition be received and that the Council schedule a public hearing to be held on February 16, 1988 at 7:00 p.m. at the Municipal Center. 3 Council Minutes January 19, 1988 Upon motion by Wachter, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved as recommended. All voted yea. CUTTER'S RIDGE ADDITION - PROJECT #512 - PUBLIC HEARING Mayor Vic Ellison convened the public hearing regarding trunk utility improvements for the Cutter's Ridge Addition under Project #512. Mr. Hedges noted that public hearings were held on the project on September 15, October 6, November 5, and November 17, 1987. The hearing was continued due to notification requirements and also at the request of Mr. and Mrs. James Horne, in order to allow the Hornes time to review the impact of the proposed project in relation to their proposed development options. Bob Rosene, the consulting engineer, detailed the project and John Oviatt, attorney for the developer, made an appearance. Mr. Oviatt indicated he had just received an acceptance of an offer to purchase an easement from the Hornes and requested the Council approve the project, authorize the preparation of plans and specifications, and authorize the condemnation of the property, in the event it becomes necessary to do so. James Horne was also present and discussed the proposed assessments against his property. He requested that he be allowed to install the utilities and streets privately, and he asked for the right to install the sanitary sewer line privately also, to save costs. He noted there would be no water line in the same easement proposed by the City, but the developer will be required to do so, and therefore it would be expeditious for the owner to install the utilities and streets in order to avoid duplication and additional costs. Mr. Colbert, in answer to the questions of the Council, stated that the request was feasible but recommended an agreement and financial security be required within a specific time frame to, allow the construction and completion of the project. After recommendation by Mr. Colbert, Egan moved, Wachter seconded the motion to close the public hearing, to authorize the preparation of detailed plans and specifications, but to refrain from any further work on the plans and specs until an acceptable agreement is entered into with the Hornes, further, to authorize the acquisition of the necessary easements by condemnation, if necessary; and further the hiring of an appraiser to determine what, if any, damages are determined for the acquisition of the easements. All councilmembers voted in favor. It was further noted that a sanitary sewer crossing was installed for I-35E but there is no water crossing. Mr. Rosene indicated that there would be no additional work on the plans and specifications until the staff directs the Bonestroo firm to proceed. 4 Council Minutes January 19, 1988 SUNRISE HILL ADDITION - VACATION HEARING The next public hearing convened by Mayor Ellison concerned ponding and utility easements in the Sunrise Hill Addition. Mr. Colbert explained the proposed vacation and noted that new ponding and utility easements to conform with the proposed new plat are being dedicated with the final plat, and recommended approval of the vacation. There were no objections. Wachter moved, McCrea seconded the motion to close the hearing and to authorize the vacation. All members voted yes. JOHNNY CAKE RIDGE 4TH ADDITION - VACATION HEARING The next vacation hearing convened by the Mayor concerned Outlot B, Johnny Cake Ridge 4th Addition, drainage and utility easements. Mr. Colbert again reviewed the proposed vacation as requested by the developer and noted that the vacation necessary to accommodate the final plat is for proposed Johnny Cake 5th Addition, and that required drainage and utility easements will be dedicated under the approved plat. No objections were submitted. Wachter moved, Gustafson seconded the motion to close the public hearing, and to approve the vacation of drainage and utility easements and to authorize the Mayor and City Clerk to execute the necessary documents. All councilmembers voted positively. ORGANIZATIONAL BUSINESS City Administrator Tom Hedges introduced the organizational business for the 1988 Council City year 1988, and indicated that a notebook entitled "Organizational Business - 1988" was prepared and distributed the first week of January to the Councilmembers. A summary of the organizational business was contained with the City Council packet for the January 19, 1988 meeting, and Mr. Hedges explained the closed ballot system that generally had been in use by City Council members to select members to the various committees and commissions. The ballots will be numbered and retained by the City. Councilmember McCrea suggested a limit be placed on the number of terms for commission members, and Councilman Egan stated that a limit had been placed by the previous Council whereby one person could serve on only one committee or commission at one time. Member McCrea moved that a person could serve a maximum of three consecutive 3-year terms on any City Commission, with a maximum of nine years. Gustafson seconded the motion. It was understood that the person could return to the same commission after a break of one year, and again be eligible for nine years. Councilman Egan was opposed to the motion because he stated it would eliminate some 5 Council Minutes January 19, 1988 members with very experienced and valuable backgrounds, and noted also that at times, it's difficult to get applicants to serve on certain commissions. He recommended that service be based upon merit and noted that certain existing members could be affected by the nine year maximum. Mayor Ellison spoke in favor. Those in favor were Gustafson, McCrea, Ellison and Wachter; Egan voted against. In answer to a clarification question, McCrea indicated that if any existing member of a commission has served nine years or more on any commission, that person would not be eligible to serve in 1988. Those include Charles Hall on the Planning Commission, and Carolyn Thurston and Roger Martin on the Park Commission. Councilman Egan again expressed his opposition to the summary action to eliminate three existing members whose terms do not expire and Councilman Wachter indicated that he had not intended to drop the three members. Also, the Councilmembers indicated that commissions whose terms would be affected by the three 3-year terms would be Airport Relations, Economic Development, Assessment Committee, and Solid Waste. The Joint Cable Commission was established under a Joint Powers Agreement requiring two year terms, and therefore would not be affected at the present time. Upon motion by Councilman Gustafson, seconded by McCrea, to provide for three year revolving terms by all commissions and committee members within the City, other than the Joint Cable Commission, with alternating terms to provide that an approximately equal number of terms will expire each year. Councilman Egan asked the City Attorney whether the Council would cut the terms of existing members, and Mr. Hauge indicated that he had not examined the State statutes and the existing law on the issue. He noted, however, that an amendment to an ordinance for some commissions would be required but that removal for cause or in the public interest, certainly would be permissible. Mayor Ellison then questioned whether all commissions and committees should have an equal number of members, in other words, seven plus an alternate. All voted in favor. Mayor Ellison then moved, Gustafson seconded the motion to authorize a draft Ordinance amendment be prepared to reduce the members on the Advisory Park and Recreation Commission from 10 to 7 plus one alternate, and to leave the remaining open position vacant until the ordinance is adopted and published. All members voted yes. The City Administrator was requested to contact Ken Vraa for his comments regarding the change in number of Park Commission members. 6 Council Minutes January 19, 1988 A. ADVISORY COMMISSION APPOINTMENTS: 1. Advisory Planning Commission. There were two 3-year terms, two 2-year terms and one alternate term open. Ballot One - Two 3-year terms: Daniel Garry and Timothy Pawlenty. Ballot Two - For two 2-year terms: Gary Graves and Scott Merkley. Ballot Three - 1-year alternate: Mark Miller. 2. Advisory Park and Recreation. There were two 3-year terms and one alternate. Ballot One - Two 3-year terms: Dick Carroll and Michelle Swanson. Ballot Two - Alternate: David Hennes. 3. Special Assessment Committee. There was one 3-year term, one 2-year term and one 1-year term open. Floyd Forsberg's name was added to the list of candidates and it was also noted that Vic Twaddell, an existing member has served one year to date. Ballot One - One 3-year term: Floyd Forsberg. Ballot Two - One 2-year term: Philip T. Colton. Ballot Three - One 1-year term: Terry Creegan. 4. Solid Waste Abatement Commission. There were no positions open at the present time and additions or replacements will be discussed by the Council at a future date. 5. Airport Relations Commission. Three 3-year terms, two 2- year terms, one 1-year term and one alternate. Ballot One - Three 3-year terms: Lynn Fieman and Bruce Nauth. Ballot Two - One 3-year term: No majority. Ballot Three - One 3-year term: Bill Lesiecki. Ballot Four - Two 2-year terms: Jeff Nietz and Katherine Shoaps. Ballot Five - One 1-year term: Steve Rosenthal. Ballot Six - One 1-year alternate: Paul Pederson. 7 Council Minutes January 19, 1988 't K. 6. Economic Development Commission. The City Administrator asked direction, noting that there were no positions open and that there had not been Commission terms in the past. Gustafson moved, Wachter seconded the motion to continue consideration of appointments to the EDC until the second regular meeting in February to consider the appointments, and that the existing members be contacted to explain the term schedule for the future. All voted affirmatively. 7. Burnsville/Eagan Cable T.V. Commission. A letter from Lloyd Krob resigning as of January 11, 1988, was included in the Council packet. There were two 2-year terms, two 1-year terms and one alternate. Ballot One - Two 2-year terms: Ron Jensen and Jim Unker. Ballot Two - Two 1-year terms: Doug Dahl and Patrick O'Malley. Ballot Three - Two 1-year alternate: Jeffrey Larson was elected by motion of Gustafson, seconded Wachter, noting that there were no other candidates. All members voted yes. 8. Water Management Organization. There were no applicants to the WMO and Egan moved, Wachter seconded the motion to continue consideration of appointments to the organization until the second regular meeting in February. All voted yes. Staff was requested to make -recommendations as to openings for the three commission positions. B. ACTING MAYOR: Mayor Ellison appointed Ted Wachter as the Acting Mayor for 1988. C. LEGAL NEWSPAPER: The Eagan Chronicle and the Dakota County Tribune were the bidders for the legal newspaper designation; however, because the City has been satisfied with the Tribune and because of the difficulty in meeting the Chronicle's deadline, only the Tribune was considered. Egan moved, Wachter seconded the motion to retain the Dakota County Tribune as the City of Eagan's official legal newspaper, noting that Eagan ThisWeek will print legal notices without costs. All members voted yea. 8 Council Minutes January 19, 1988 D. BANKING SERVICES: Mr. Hedges explained that a recommendation was made by the Director of Finance that the current arrangement with Shelard Bank of Eagan be extended through 1988 and that a request for proposal for banking services be considered during 1988 to become effective for a three-year period, beginning January 1, 1989. Wachter moved, Egan seconded the motion to approve the authorization of the present contract with Shelard National Bank to be extended to December 31, 1988 and that proposals be received for banking services during 1988 for a three-year agreement. All voted aye. E. AUDITING SERVICES: It was the recommendation of Director of Finance, Gene VanOverbeke, that a request for proposals be issued to cover three years with the option of extending the services annually, for up to an additional three years. It was noted that DeLoitte, Haskins & Sells is currently performing the 1987 audit. Upon motion by Wachter, seconded Gustafson, it was resolved that audit services be subject to a request for proposals for a period of six years, with the understanding that the proposal would be issued for three years, with the option of extending the services annually for up to an additional three years. All members voted affirmatively. F. CITY COUNCIL MEETINGS: Egan moved, Gustafson seconded the motion to designate the first and third Tuesdays of each month beginning at 6:30 p.m. as regular City Council meeting dates, with three changes: 1) School District #191, #196, and #197 School Board elections will be held on the third Tuesday in May, May 17, 1988, with the recommendation that the meeting be held on Monday, May 16, 1988; 2) The Jewish Holiday, Yom Kippur on September 20, 1988, with the changed regular meeting to be Monday, September 19, 1988; and 3) Jewish Holiday, Shemini Atzeret and Simchat Torah scheduled for October 4, 1988 with the regular meeting on Thursday, October 6, 1988. All councilmembers voted yes. G. CITY CONSULTANTS: Mr. Hedges indicated that he has been holding meetings with department heads to review the draft statement of qualifications for the purpose of soliciting proposals for consultant services. The SOQ's were distributed as part of the organizational booklet and he recommended continuing the existing consulting services until the SOQ process is completed and acted upon by the City Council. The Council directed the completion of the SOQ's and that they be submitted to the City Council at the next regular meeting for review. 9 Council Minutes January 19, 1988 ' r H. STANDING COMMITTEES OF THE CITY COUNCIL: Mayor Ellison appointed the following Standing City Council Committees: 1. Finance Committee - Councilmembers Egan and McCrea. 2. Public Works Committee - Councilman Wachter and Mayor Ellison. 3. Personnel Committee - Councilmembers McCrea and Gustafson. 4. Special Assessment Committee - Councilmembers Egan and Gustafson. LAURENT 1ST ADDITION - EXTENSION OF PRELIMINARY PLAT A request was made by Mr. and Mrs. Armand Laurent to extend the approval of the preliminary plat of Laurent 1st Addition until June 1, 1989. The staff members had no objections and Mr. and Mrs. Laurent were present. Upon motion by Wachter, seconded McCrea, it was resolved that the request be approved. All voted yes. CLIFF LAKE GALLERIA PROJECT Mayor Ellison then announced that the Cliff Lake Galleria agenda item was to consider a motion to rescind the negative declaration for an EIS and consider an agreement with the DNR to implement certain measures to protect Cliff Lake and its shore line. Mr. Hedges noted that at the December 30, 1987 City Council meeting, an Agreement to Implement Certain Measures to Protect Cliff Lake and its Shoreline was adopted and at the January 5, 1988 City Council meeting, a motion was approved by the Council that caused the foregoing motion to become null and void based upon a number of reasons as outlined in the January Resolution. Larry Guthrie of the firm of Maun, Green, et al was introduced and he submitted a revised Agreement that had been signed by the Ryan-Hoffman Partnership and explained its contents. Exhibit 1 consisted of a drawing by Westwood Engineering reflecting a revised project with Exhibit 2 consisting of a legal description. The agreement results from detailed discussions between City representatives and representatives of the Developer, and the Developer requested that the agreement be dated January 15, 1988. Representatives of the Developer present included Jim Ryan and Bill McHale, together with Peter Beck. 10 Council Minutes January 19, 1988 /lam '.T Mayor Ellison asked Dale Runkle to review the concerns and he indicated that the original impervious surface plan had been calculated at about 90% net with the reduction to under 70% in phase one. The overall impervious surface coverage would be about 55%. The setbacks would be increased. The square footage was reduced, together with parking and the agreement would come close to meeting the shoreline ordinance requirements. The retail square footage was reduced by 15,000 square feet and Outlot A would be eliminated for development purposes and converted into open area, and additional trees will be saved. Councilman Egan asked whether the elimination of Outlot A would make for better access and possibly the elimination of the proposed slip lane. Mr. Colbert indicated that it revised the access substantially and could eliminate the slip lane. Councilman Wachter was concerned about safety and access to Rahn Road from the south and it was noted that revisions could take place during the final plat process. Bill McHale explained that the number of trees retained will be increased substantially and that the topography will also be less impacted. Square footage has been reduced from 325,000 to 278,000 square feet and now to 263,000 square feet. It was further noted that the exhibit would not bind the City for final plat purposes and a copy of a new drawing will be submitted to members of the City Council. Member McCrea questioned whether the final plan will be submitted to the Advisory Planning Commission before final plat and she also noted that paragraph 6 is not an enforcement paragraph, but only a good faith statement regarding the trees. Mayor Ellison commended all persons involved in preparing the revised draft, noting it was superior to the original project, the distance from Cliff Lake averaged 100 feet with buildings no less than 50 square feet, there would be a limit on the impervious surface in Phase 2 of 55%, and the City required 10 foot parking stalls will be provided. He noted, however, that other steps must be covered and conditions met prior to commencement of the development. Bernice Christenson of Jasper Lane, had concerns about traffic impact and Mr. Colbert explained that the transportation study will continue and plans will be prepared to provide for any revisions in the Phase One transportation plan. Mr. McHale stated that the most recent agreement will supersede the December 30, 1987 agreement. Gustafson moved, Egan seconded the motion to approve the Agreement dated January 15, 1988 and that the Council not consider a motion to rescind the negative declaration, and further, the current Agreement dated January 15, 1988 will supersede any previous Agreement adopted by the City Council. All members voted in favor except Wachter who voted no. 11 Council Minutes January 19, 1988 _ ANIMAL ORDINANCE REVISION Kevin Eide of the City Attorney's office requested that the City Council consider a revision to the City Ordinance, noting that his office and the City Administrator's office had received complaints from residents from time to time that tighter legislation should be considered that allows the City, under proper circumstances, to remove an animal which is a danger to the community. A draft of the Apple Valley Ordinance providing alternatives to remove an animal considered dangerous, was included in the packet. Councilman Egan requested that the Administrator's office check with Apple Valley to determine what results have been achieved from the use of the Ordinance. AIRPORT ADEQUACY STUDY COMMITTEE Mr. Hedges indicated that former Mayor Blomquist and City Councilmember Tom Egan were appointed as the City of Eagan's official delegates to the Airport Adequacy Study Committee and suggested a replacement for former Mayor Blomquist. Councilman Egan agreed to be the alternate, but preferred not to be the delegate. Councilman Gustafson indicated a willingness to serve on the Committee. Wachter moved, McCrea seconded the motion to appoint Dave Gustafson to the Committee with the understanding that Councilman Egan would be the alternate. All voted yes. FINANCIAL HEALTH PROFILE The City Administrator submitted a copy of the Financial Health Profile, including the City of Eagan, that was prepared by the Minnesota State Auditor's office. SISTER CITY PROGRAM The City Administrator then indicated that a member of the staff of Quality Tours had contacted his office and asked if the City Council would be interested in naming a sister city from one of two cities in Ireland. After discussion, the Council directed the Quality Tours representative to study the issue further and report to the City Council. I 12 Council Minutes January 19, 1988 JIM & MARY BUTZER - 2142 NANCY CIRCLE Jim and Mary Butzer of 2142 Nancy Circle, identification parcel #030-01, appeared and had objections to the policy of the City to impose interest on special assessments, providing that in the event that special assessments are paid after October 15 of any one year, that the interest for the balance of that year and the subsequent year, would also be required to be paid in full. They indicated that they had offered to pay the assessments in early January, and were required to pay the balance in full in 1988. There was considerable discussion concerning the notice and precedent problem and further, Mr. Hauge indicated that the State statute required that the interest be paid for that period of time. After discussion, Egan moved, McCrea seconded the motion to compute the abatement for parcel #030-01 as of January 19, 1988, and to charge the interest up to that date only, noting the explanation that was submitted by the owners, and that the notice sent to property owners notifying them of the special assessments, be revised to more clearly indicate the time frame for the payment of interest; further, that the City Council not entertain further requests in the future with the understanding that the notice provision will be revised. All councilmembers voted positively. CITY HALL SPACE Tom Hedges explained to the City Council that the staff is preparing additional work space on the lower level of the City Hall, noting that the staff has now outgrown the space on the upper level. LOGIS Mr. Hedges indicated that he had been elected to the Board of Directors of LOGIS which is a board consisting of City Managers in the Metropolitan area, using the LOGIS computer system for municipalities. TRADE AND ECONOMIC DEVELOPMENT COMMISSION The former Department of Economic Development, now called the Trade and Economic Development Commission (TED), has been working with Unisys and Mr. Chen, formerly involved with Cray Research, concerning the proposed acquisition of the Unisys semi-conductor facility in Eagan. No specific plans have been made. i 13 Council Minutes January 19, 1988 SPECIAL CITY COUNCIL MEETINGS A Commission orientation meeting will be held in the evening of January 25, 1988. February 9, 1988 was scheduled as a special City Council meeting to allow department heads to make presentations concerning plans for 1988. February 23, 1988 was also recommended to be a special Council meeting at 7:00 p.m. to discuss MBO strategy planning. Egan moved, McCrea seconded the motion to schedule City Council meetings on the two evenings recommended by Mr. Hedges. All voted yes. LARKIN, HOFFMAN - SPECIAL COUNSEL - O'NEIL ACTION City Attorney Paul Hauge explained that Chris Dietzen of the firm of Larkin, Hoffman, has submitted his resignation as special counsel in the zoning action entitled O'Neil vs. City of Eagan. Negotiations are continuing in that action and it was understood that the City Attorney will continue the negotiations. Wachter moved, Gustafson seconded the motion to accept the resignation from Mr. Dietzen. All councilmembers voted yes. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the checklist dated January 18, 1988 in the amount of $418,673.65 and also the checklist dated January 19, 1988 in the amount of $55,979.64 be approved. All voted yea. EXECUTIVE SESSION Mayor Ellison announced at 11:20 p.m. an Executive Session will be held by the City Council members and staff, to discuss the actions entitled Bieter vs. City of Eagan, and O'Neil vs. City of Eagan. ADJOURNMENT Wachter moved, Egan seconded the motion to adjourn at 11:20 p.m. All voted in favor. PHH bik City. erk 14