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2010-05-04 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 4, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Cheryl Kolb-Untinen and Naomi Untinen requested information regarding a City Code amendment that would allow chickens to be kept on property smaller than five acres. Staff will provide Council and Ms. Unitinen with information regarding previous discussions in regard to keeping chickens. A regular meeting of the Eagan City Council was held on Tuesday, May 4, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community and Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted an item would be added under Recognitions and Presentations; an additional item would also be added under Commission Appointments; and the order of the agenda was proposed to be changed to appoint Advisory Commission members prior to Public Hearings. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Chief of Police McDonald discussed the Eagan Police Department’s role in the search for the suspect that murdered Maplewood Police Sergeant Joseph Bergeron this past week. A moment of silence was observed for Sergeant Bergeron. The Council recognized Sharon Boeckman, Walt Fletcher, Dorothy Peterson, and Glenda Holz for their volunteer hours at Holz Farm. The recent receipt of the Local Government Innovation Award from the Humphrey Institute at the University of Minnesota for the City’s creative public/private partnership with Thomson Reuters on the Eagan Television studio was recognized. Mayor Maguire thanked Tom Garrison, Director of Communications for his guidance in making the partnership a reality. CONSENT AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the April 20, 2010 regular City Council meeting and the April 27, 2010 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of the following Seasonal Employees in the Parks, Forestry and Engineering Departments: Dave Tripp and Richard Lemay as ball field attendants; Ben VonDeLinde, Charlie Krause, and Jeff O’Donnell as Park Maintenance workers; Maura Marko as a Forestry Tech; Ray Vogtman as a Tree Inspector; Mark Danielson and Alex Kabokov as engineering interns;Mike Griffin, Water Quality seasonal intern; Ryan Neumann as a park laborer. 2. It was recommended to approve the hiring of the following seasonal employees for the Parks and Recreation Department: Katie Stein, Jennifer Stanull, Peggy Horan, Angela Tumini, James City Council Minutes May 4, 2010 Page 2 Glewwe, Abigail Guetzlaff, Jonathan Hardegger, Kristen Riehle, Kristine Wietecha, Weston Sternitzke, Kaitlin Keeney, Danielle Gartner, Holly Krawza, Benjamin Williams, Christopher Schmacher, Hannah Blenkush, Max Apple, Caitlyn Huonder, Erin Coyne, Andrew Weil, Kayla Csargo, Timothy Styx, Nicholas Brannan, Benjamin Huhner, Michael Petesch, Kelly Moeller, Naomi Muckler, Dane Plifka, Mara Plifka, Laura Young, Nicole Meehan, Katherine Nylund. C. It was recommended to ratify the check registers dated April 15, 2010 and April 22, 2010 as presented. D. It was recommended to approve an amendment to the original Park Dedication and Use Agreement between the City of Eagan and Faithful Shepherd School and authorize the Mayor and City Clerk to sign the appropriate documents. E. Item removed. F. It was recommended to adopt a resolution approving internal financing of Ice Arena Gross Revenue Bonds, Series 2010. G. It was recommended to declare leather fire helmets surplus and authorize their sale. H. It was recommended to approve a resolution accepting a donation from Wal-Mart for $1,000 for the purchase of a television and DVD for the Fire Safety Trailer, and approve a budget adjustment increasing revenues and expenditures in the General Fund by $1,000 for the donation and its related expenditure. I. It was recommended to receive an application from the Coachman Oaks Homeowners Association and direct City staff to request formal application for Housing Improvement District consideration for their property. J. It was recommended to defer the City’s Metropolitan City Entitlement Status for federal fiscal years 2011 through 2013 and remain a participant in the Dakota County Urban County designation for DCBG and HOME funding and authorize the Mayor to execute the appropriate documents. K. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for nd Diffley Plaza 2 Addition, for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, C1, 2, 4, D1 and E1. 2. The property shall be platted. 3. The applicant shall revise the site plan to provide the correct building setbacks. 4. The applicant shall revise the elevations to provide the overall height of the buildings. 5. The building materials for the buildings on Lots 1 and 3 must meet City code requirements. 6. The rooftop mechanical equipment must meet screening requirements per City Code. 7. Trash Enclosures shall comply with City ordinance requirements. 8. The applicant shall revise the lighting specifications to provide a maximum pole height of 15 feet. 9. The applicant shall revise the Lighting Plan so that all the property lines are depicted. 10. The applicant shall provide a landscape Plan that incorporates the approved April 2003 Berm Landscaping Plan and properly screens parking lot areas per city ordinance requirements. 11. The Landscape Plan shall be revised to match the plant schedule with the plantings shown on the plan. 12. The Landscape Plan shall be revised to remove proposed plantings from within the drainage and utility easements. 13. Building signage shall comply with City sign ordinance requirements. 14. All building signage shall be uniform in design, font, size and color. 15. All erosion / sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 16. All personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion / sediment Control Inspector / Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. City Council Minutes May 4, 2010 Page 3 17. The applicant shall provide evidence of cross easements for circulation, in a form acceptable to the City Attorney. 18. The applicant shall provide evidence that the lot to be subdivided is permitted to take access to the private street, in a form acceptable to the City Attorney. 19. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. 20. A sidewalk for pedestrian connection shall be provided between the public sidewalk on Johnny Cake Ridge Road and Lot 4, Block 1, Diffley Plaza (Kowalski’s). This sidewalk shall be covered by a private easement between this development and the property owners of Lot 4, Block 1, Diffley Plaza, in a form acceptable to the City Attorney. L. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial of arequest for a Comprehensive Land Use Plan Amendment that would change the land use designation from Sa/MD (Special Area/Medium Density), to SA/HD (Special Area / High Density), to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally rd described as Lots 1 and 2, Block 1, Terra Glenn 3 Addition; and, to Adopt the Findings of Fact, Conclusions and Resolution of Denial of a request for a Planned Development Amendment to amend the Preliminary Planned Development to allow for a 56 unit Senior Living Facility for rd property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3 Addition. M. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $1,732,702 from the Municipal State Aid (MSA) Construction account. N. It was recommended to proclaim May 16 through May 22, 2010 as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve a Construction Agreement with Dakota County for the 2010 County road overlays and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve the plans and specifications for Contract 09-13 (Duckwood Drive – Street & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 10, 2010. Q. It was recommended to authorize a variance to the Construction Activity Noise Regulations to allow construction activity 24 hours a day, 7 days a week, for McNamara Contracting, Inc. in completion of State Project 1981-23 (TH 3 – Overlay) for the following schedule:  May 19 – through May 26 (continuous)  May 26 through June 18, for a maximum of 10 days. R. It was recommended to approve a grant from the Minnesota Department of Administration in the amount of $100,000 and confirm the location for a memorial site within Central Park. S. It was recommended to approve a Tree Maintenance Contractor License for Raul Gracia, Tree Amigos Service and Landscaping, LLC, 341 Larson Avenue E., St. Paul. T. It was recommended to proclaim June, 2010 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. ORGANIZATIONAL BUSINESS A. ADVISORY COMMISSION APPOINTMENTS FOR 2010-2011 Voting was done by written ballot, initialed by each member of the Council, and the following citizens were appointed to Advisory Commissions: City Council Minutes May 4, 2010 Page 4 Energy and Environment Advisory Commission (EEAC) 2-year Terms 1.Bruce Goff 2. Salman Mitha 3. Wade Olsen 4. Amir Nadav 1-year Terms 1. Jeff LeClair 2. Guillermo Etienne 3. Kari Palmer 1-year Alternate 1. James Casper Advisory Planning Commission (APC) 2-year Terms 1. Daniel Piper 2. Thomas Heaney 3. Peter Dugan 1-year Alternate 1.Andrew Jansma Airport Relations Commission (ARC) 2-year Terms 1. Carol Whisnant 2. Chad Stambaugh 3. Luke Olson 1-year Alternate 1.LEFT VACANT Advisory Parks and Recreation Commission (APrC) 2-year Terms 1. Jennifer Dahlquist 2. Michael Palmer 3. LEFT VACANT 1-year Alternate 1.LEFT VACANT City Council Minutes May 4, 2010 Page 5 Gun Club Lake Watershed Management Organization (WMO) 3-year Term 1.Jeff Sluiter Councilmember Fields moved, Councilmember Tilley seconded a motion to ratify the appointment of members to the City Council’s Advisory Commissions and Gun Club Lake WMO with terms beginning in May, 2010. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to appoint Councilmember Bakken as the Council liaison to the Energy and Environment Advisory Commission. Aye: 4 Nay: 0 Abstain: Bakken PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed the five delinquent false alarm bills which totals an accessible amount of $895. Mayor Maguire opened the public hearing. There being no one who wished to be heard, he closed the public hearing and turned discussion back to Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed the delinquent weed cutting bills, noting the assessable amount is $3,439.76. Mayor Maguire opened the public hearing. There being no one who wished to be heard, he turned discussion back to Council. Councilmember Fields moved, Council Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent week cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT BOARD UP BILLS City Administrator Hedges discussed the delinquent board up bills, noting the assessable amount is $155.21. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for the delinquent board up bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 City Council Minutes May 4, 2010 Page 6 CERTIFICATION OF REFUSE REMOVAL BILLS City Administrator Hedges discussed the delinquent refuse removal bills, noting the assessable amount is $1386.31. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent refuse removal bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed the delinquent utility bills noting the assessable amount of $224,289.36. He further discussed an objection to an assessment that was submitted last year which failed to get certified to the County by City staff. It was noted that the property had been sold and the title company had failed to note the pending assessment. It was the consensus of Council that the delinquent account should be certified with the Council and let the property owner and the title company resolve the issue. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CEDAR GROVE TRANSIT STATION (MVTA) RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the vacation of public right-of-way formerly known as Old Sibley Highway and Old Sibley Memorial Highway, reserving the drainage and utility easements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the vacation of public right-of-way formerly known as Old Sibley Memorial Highway, reserving the drainage and utility easements, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT – CHAPTER 3, “MUNICIPAL AND PUBLIC UTILITIES – RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS”, REGARDING DELINQUENT ACCOUNT PENALTIES City Administrator discussed an Ordinance Amendment to Chapter 3 regarding municipal and public utilities rules and regulations, rates, charges and collections. He noted that the City Attorney’s office suggested that the language in the City Code pertaining to delinquent utility accounts be changed to be referenced as a penalty and not as an interest charge. City Council Minutes May 4, 2010 Page 7 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to Chapter 3, “Municipal and Public Utilities – Rules and Regulations, Rates, Charges and Collections”, regarding delinquent account penalties. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT, VARIANCE AND FINAL PLAT – MINNESOTA VALLEY HUMANE SOCIETY City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow a kennel with an outdoor play area upon a portion of Lot 27, Lots 28 and 29, and Outlot A, Eagandale Center Industrial Park No. 3. City Planner Ridge gave a staff report. Councilmembers held a brief discussion. Lynae Gieske, Director of the Minnesota Valley Humane Society, was present to answer questions of the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow a kennel with an outdoor play area upon a portion of Lot 27, Lots 28 and 29, and Outlot A, Eagandale Center Industrial Park No. 3, subject to the following conditions: Aye: 5 Nay: 0 1. This conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Inspection by the Animal Control Officer shall occur prior to opening. 3. The applicant shall maintain a current kennel license. 4. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 5. All signage is subject to City Code requirements. 6. The perimeter of the outdoor play area shall be secured with an eight-foot privacy fence per the Site Plan received March 31, 2010. 7. The outdoor play area shall have a roof and provide shade during the months of May through October as shown on the Site Plan received March 31, 2010. 8. The designated bathroom area for the animals shall be cleaned daily. 9. The applicant shall enclose the trash and/or recycling containers in an enclosure that meets City Code requirements. 10. The landscaping shall be installed by October 30, 2010, per the Landscape Plan received March 17, 2010. 11. The lighting shall be installed per the Photometric Plan received March 17, 2010. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a 4’8” Variance to the required front yard setback to allow a building expansion upon property located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, and Outlot A, Eagandale Center Industrial Park No. 3, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be re-platted prior to the effectiveness of the Variance. 2. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 3. The addition shall be located per the Site Plan received March 31, 2010. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Plat to create one lot on approximately 1.41 acres located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, all of Block 3, and Outlot A, Eagandale Center Industrial Park No. 3, subject to the following conditions: Aye: 5 Nay: 0 City Council Minutes May 4, 2010 Page 8 1. This Final Plat shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This development shall dedicate 5-foot drainage and utility easements along all property lines and where necessary to accommodate existing or proposed utilities for drainage ways within the plat The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. PLANNED DEVELOPMENT AMENDMENT – PROPERTY CLAIM SOLUTIONS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor storage of company pick-up trucks and one trailer upon the property at 2005 Pin Oak Drive. City Planner Ridley gave a staff report. The applicant was not present. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow outdoor storage of company pick-up trucks and one trailer upon the nd property at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2 Addition subject to the following conditions. Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be located in designated storage areas as indicated on the Site Plan received March 17, 2010. 3. Additional landscaping shall be installed by June 30, 2010 to provide screening and soften the views of the storage items from the right-of-way. The applicant shall submit a landscape plan for approval by City Staff prior to installation. 4. Outdoor storage shall be limited to standard sized pickup trucks or passenger vehicles. INTERIM USE PERMIT – MAX STEININGER INC. City Administrator Hedges introduced this item regarding an Interim Use Permit to allow a temporary contractor storage yard located at 3089 Neil Armstrong Blvd. City Planner Ridley gave a staff report. Greg Steininger, representing the applicant, was present to answer questions of the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to allow a contractor’s storage yard located at 3089 Neil Armstrong Blvd., Lot 2, Block 1, Amoco nd 2 Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit (IUP) shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The permit shall terminate upon the earlier of either cease of use or three years from the date of City Council approval. 3. The IUP shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permits are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The location and items to be stored shall be consistent with the Site Plan dated February 1, 2010. 5. The landscape berm shall be constructed per the Site/Grading Plan dated February 1, 2010, no later than October 1, 2010. City Council Minutes May 4, 2010 Page 9 6. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City’s codified land disturbance and erosion control regulations. 7. All parking and storage areas shall be properly maintained to prevent deterioration. LEGISLATIVE / INTERGOVERNMENTAL AFFARIS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a request for a temporary on-sale Liquor License for the Twin Cities Good Time Softball League. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a temporary on- sale liquor license for the Twin Cities Good Time Softball League. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:40 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk acto Tally Sheet # � k.A,.� V APC 'ARC APrC EEAC 6�1 Daniel Piper* 'Thomas Heaney* John Weiser Per Dugan Carol Whisnant* Chad Stambaugh* Luke Olson* Jennifer Dahl uist* Michael Palmer* Raymond Larson Guillerimo Etienne Kari Palmer Bruce Goff* Salman Mitha Wade Olsen Jeff LeClair _ Denise Bushover Andrew Jansma Amir Nadav James Casper* Jeff Sluiter* Gun Club Lake Watershed Management Organization (WMO 3 -year Term 1. - �c�4c Initial: - 5 Y Gun Club Lake Watershed Management Organization (WMO) 3-N.- ear Term 1. Initial: Gun Club Lake Watershed Manaizement Organization (WMO) 3 -near Term 1• sl irl rpY' Initi ?F;�7 Gun Club Lake Watershed Management Orzanization (WMO) 3 -near Term I. J ( ct ele✓ Initial: fe Gun Club Lake Watershed Mana =ement Or anization WMO 3-vear Term 1. LOJO Tally Sheet # I A F4- (Z--- A-PC ARC APrC EEAC WMO Daniel Piper* Thomas Heaney* John Weiser Peter Dugan* T Carol Whisnant* Chad Stambaugh* Luke Olson* Jennifer Dahl uist* (1 X Michael Palmer* XXx Raymond Larson Guillerimo Etienne Kari Palmer Bruce Goff* Salman Mitha Wade Olsen Jeff LeClair Denise Bushover Andrew Jansma Amir Nadav James Casper* Jeff Sluiter* I Advisory Parks and Recreation Commission (APrQ 2 -near Terms 3. y T;L qo 1-y ear Alternate 1. UP00-- Initial: Initial: _,fl Advisor, Parks and Recreation Commission (APrQ 2 -year Terms 2. 3. 1- N(CA ' I -f-( m I-vear Alternate Initial: Advisot•v Parks and Recreation Commission APrC 2 -near Terms 1. 2. 3. — Yeas .. . amommommoopm 1-v ear Alternate 1. 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