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City Council Minutes September 23, 1998 • Page 2 41 between the house and the likely location of the proposed stadium with room for buffering to be included in the initial landscaping plans. CONSIDERATION OF A TOLLING AGREEMENT EXTENDING THE UNIVERSITY OF MINNESOTA'S STATUTORY LIMITATION FOR FILING A CHALLENGE TO THE CITY'S DECISION TO REQUIRE AN EAW ON THE SOCCER STADIUM ON CLEVELAND AVENUE SOUTH OF LARPENTEUR AVENUE Attorney Knutson explained that the city has been designated as the Responsible Governmental Unit (RGU) for determining if an Environmental Assessment Worksheet (EAW) is necessary for the proposed soccer stadium on Cleveland Avenue south of Larpenteur. The city has already determined that an EAW is necessary for this project. However, since the University is seriously considering moving the soccer stadium to the site north of Gibbs Farm, the council is asked to approve a tolling agreement which would extend the deadline for the University of Minnesota to challenge the state's designation of the city as the RGU. The agreement does not release the University from doing an EAW; it only extends the deadline for appealing the council's decision that an EAW is necessary. The EAW will be required if the University does not remove the site south of Larpenteur from consideration for the stadium. Councilmember Jacobs moved approval of the tolling agreement between the city and the University of Minnesota, extending the statutory limitation for filing a challenge to the city's decision to require an EAW on the soccer stadium on Cleveland Avenue south of Larpenteur Avenue. The motion passed unanimously. CONSIDERATION OF RESOLUTION 98-26, APPROVING A SALES AND PURCHASE AGREEMENT WITH THE ST. PAUL WATER UTILITY BOARD OF WATER COMMISSIONERS Administrator Hoyt explained approval of the proposed resolution is the final action associated with the January 1998 agreement between the city and the St. Paul Water Utility's Board of Commissioners to take over the responsibility for the maintenance, replacement, and additions to the city's water system. In return for the property transfer, the St. Paul Water Utility will maintain and replace the system at its expense, guarantee Falcon Heights' water user rates to be the same as St. Paul's user rates by 2003, and to provide participating suburban cities with a representative on the Board of Commissioners. Councilmember Hustad moved approval of Resolution 98-26, approving a sales and purchase agreement with the St. Paul Water Utility Board of Commissioners. The motion passed unanimously. •