HomeMy WebLinkAboutSP June 29, 2004
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1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
Special City Council Workshop
Tuesday, June 29, 2004
Conference Room A & B
1, Call to Order - Following EDA Meeting held at 6:00 p.m.
2. Interviews for Recreational Facility Manager - Administration
3. Community Center Progress Report - Finance
4, Update - 2005 Budget - Finance
5, Approve First Amendment to Declaration of Covenants for Andover Marketplace East -
Planning
6. Other Business
7. Adjournment
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1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
Special City Council Workshop
Tuesday, June 29, 2004
Conference Room A & B
L Call to Order- FoUowing EDA Meeting held at 6:00 p.m.
2. Interviews for Recreational Facility Manager - Administration
3, Community Center Progress Report - Finance
4, Update - 2005 Budget - Finance
5, Approve First Amendment to Declaration of Covenants for Andover Marketplace East -
Planning
6. Other Business
7. Adjournment
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1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
CC: James Dickinson, Interim City Administrator
FROM: Dana Peitso, Human Resources Manager
SUBJECT: Recreational Facility Manager Update
DATE: June 29, 2004
INTRODUCTION
The interview committee consisting of Jim Dickinson, Ken Orttel, Todd Haas and myself
interviewed 6 candidates on June 16th and 17th for the Recreational Facility Manager position.
We are recommending 3 candidates to be interviewed by the entire City Council as finalists.
DISCUSSION
The six applicants that we interviewed were all very well qualified. The committee is
recommending 3 of the candidates for interviews by the full City Council. The interviews will
be approximately 30 minutes long, with 15 minutes for the applicant to present and 15 minutes
for the City Council to ask questions. The finalists for the Recreational Facility Manager
position are: Erick Sutherland, Richard Beck and Steven Rudden. Attached are copies of their
applications and resumes.
ACTION REOUESTED
Please interview the finalists for the Recreational Facility Manager position,
Respectfully submitted,
~
Dana Peitso
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May 24, 2004
Ms. Dana Peitso
Human Resources Manager
1685 Crosstown Blvd
Andover, MN 55304
Dear Ms, Peitso,
Please accept this letter, attached resume', reference page and completed application
form as my application for the position of Recreational Facility Manager located on the
City of Andover website,
I have been the General Manager for a one-sheet facility in Houston, Texas for the last 4
years, In that time, j was able to lower expenses while growing customer service and
revenues for the facility, I negotiated contracts for a ballet company, pro shop and grill
vendors to lease areas in the facility. I also worked with the local figure skating club for
ice rental agreements. We ran our hockey program in-house, but worked with our
Hockey Director on program creation to develop players and coaches in our area, I was
also involved with ice maintenance and light Zamboni and Olympia maintenance, I also
did our human resource policies for the building, implementing OSHA guidelines for
safety.
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Before taking on this role, I was the Director of Hockey Programs. I developed and
implemented a new ice hockey program in the area, I am very experienced In working
with amateur hockey associations and USA Hockey.
I also have coached at various levels while working in these positions. I am currently a
high school club hockey coach at Clear Lake High School. We have finished 2nd in our
state tournament the last 2 years.
And I hold the position of State Coaching Director - Texas for the USA Hockey
Coaching Education Program, In this volunteer position, I hold coaching clinics for USA
Hockey. I also administer the certification program in Texas,
I think after reviewing my resume', you will agree that I am very qualified for this position.
Should you have any questions regarding my experience, please feel free to contact me
at your earliest convenience, I look forward to discussing this position and my
qualifications with you,
Thank you for your time,
Sincerely,
~
Richard Beck
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Richard Beck
Objective To obtain a position where I can utilize my past experiences in
organization, administration, and management to help the company and
I grow,
Current Position President, Chief Operating Officer and General Manager - Texas Ice
Stadium (Houston, TX) (May 2000 - May 2004)
Over see entire operation of one - sheet facility, budget
preparation and control, OSHA policy implementation, ice
maintenance (including painting), light Zamboni (electric)
and Olympia maintenance, manage staff of 35 employees,
daily administration of operations and customer service
Past Position Director of Hockey Programs - Texas Ice Stadium (Houston, TX) (July
1996 - May 2000)
Designed and implemented all aspects of a new ice
hockey program in the Clear Lake Area, started Learn to
Play camps, schedule leagues, implement USA Hockey
(J programs (Referee, Coaches, Initiation, Heads Up, etc,)
Head Coach and Instructor for all programs and camps,
Develop coaches and players,
Education University of Minnesota - Duluth
BAA. in Physical Education received August of 1995
Concentration: Sports Management
Minor: Business Administration
Certifications Coaching certification through National Federation Coaches Education
Program.
Certified to the Master Level of the USA Hockey Coaches Education
Program,
Volunteer Texas CEP Director - USA Hockey Coaching Education Program (1999
- present)
Texas Amateur Hockey Association Board Member (2003 - Present)
Coaching Ice Hockey at various levels (Peewees - High School) (1989
- Present)
Computer Skills 2000 Word, Excel, PowerPoint, Publisher, Digital photo, video and
music software
~) References attached
Employment
Application
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
MUST BE FILLED our COMPLIITELY
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I Applicant Note
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This application form is intended for use in evaluating your suitability for employment It is not an employment contracl
Employment with the Oty of Andover is at-will. during the probationary period, which means the employee has the right to terminate
their employment, with or without cause, at any time. Likewise, the City has the right to terminate an employee with or without
cause, during the probationary period. Please answer all appropriate questions completely and to the best of your ability. False or
misleading statements are grounds for refusal or termination of employment and benefits. The City of Andover is an equal
opportunity employer. All qualified applicants will receive consideration without discrimination on the basis of a person's race, color,
creed, national origin, religion, age, sex, marital status, or physical handicap, except whe:re a reasonable, bona fide occupational
qualification exists. Additional testing of job-related skills, mentalf physical abilities, physical condition and for the presence of drugs
in your body may be required prior to employment.
I Type of Work
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I Educational Data
SCHOOL
PRmTNAME, NUMBER &; STRm, CflY,SfATE &; ZIP CODE
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P:\New Hires\Andover Employment Application 5/14/2004
STEVEN R. RUDEN
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Homan Resour~ Department
1685 Cromown Blvd.
Andover, MN 55304
June 1, 2004
Dear Madam Or sit'
I was very interested to see the position announcement for the Recreational Facility Manager
position listed on the League of Minnesota Cities web page, I find this opportunity very intriguing
and I beli~e my background and your requirements would be a good match. My resume is attached
for your review.
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Of particular note for you to consider during this position placement is my experience as the Facility
Coordinator at the Brooklyn Park Community Activity Center with the City of Brooklyn Park
Recreation ~ent. Please also consider my position as a Recreation Director I for the City of
Kansas City nd as a House Manger and Ice Supervisor for the Dubuque Five Flags Civic
Center,
The above positions have allowed me to serve as a liaison between clients. patrons, facility staff and
various service centers. I have had the responsibility for planning, organizing. and executing event
operations and the coordination of programs to ensure both smooth operations along with client and
patron satisfaction I have also been able to oversee the operation and management of various events
along with the day to day operations of recreation centers.
If yOu are seeking someone who believes in providing exceptional customer service. ensuring both
client and patron satisfaction. and somoone who is proud of the work that they do and how they do
it, then please consider what I have to offer. I would be happy to have a preliminary discussion with
you to see if we can establish a mutual interest.
Thank you for your attention to my materials and I look forward to having an opportunity explore
this position further with you.
Sincerely.
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Steven It, Ruden
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Ste\'en R. Ruden
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CAREER OBJECTIVE
I am !lMking a pOSition tMt Will allow m1! to utiliz1! my knowlMg1! Md 1!i<p1!riMce in ice arena
Op1!raliOflS, recreatiOfl faCility manag1!mant, aM custom1!r MlaliOfl SkillS,
WORK EXPERIENCE
Facilities Coordinator - April 1999 to Prj!sent
Brooklyn Park community Aer1vlty Center & Ice Arenas, clly of Brollklyn Park, Brllllklyn Park; MN
ASSist CiiMtS With me SCMduiing, plMning, aM CIlllrainatiOll Of all everns held at tM Community
ACtiVity Center and at the Zanewooa Recreation Center, Prilvlde setup staff With event details for
r-(lom setup, aUdiovisual re<jUlrements, and speCific event needs, OVersee tl1e setup staff to
ensure tl1at all of the clients' expectations are satlsfie{l. Invi'llce clients aM/i'lr meet with clients for
event settlemel\l. ASSist Recreation Pr-ogrammers With events and their programs, Sehe<:lule and
cMralnate the usage Of the City of BrooKlyn Park's Athletic Fields, Prepare monthly rental &
lJsage r-epl'lJ1s and yearly bUdgetS, Act as the bUilding SUpelVlsor anti oversee bUilding staff
eurlng eVenings Me WeekendS. Pt<5gram supeN/ser fi'lnhe Adult HocKey League, open SKfltlng,
aile Adult Open HoeRey, Prepare and manage bUdgetS for the pr<5grams that I SUpeNlse.
Mana!:)e prO-Shep, oraer SUpplies aM maintain menthly Inventory records Me tt-aeKmer-ehandlse
saleS,
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Administrative Manager "'September 1998 to March 19'9'9'
Ice Sports Kansas City, Shawnee, KS
Pelformed all financial, human resource, and administrative functions for the facility, Handled all
bookkeeping and financial reporting for day to day and month end operations, Prepared the
bimng statements and invoices, Oversaw all the account receivables, account payables, and
payroll functions, Scheduled ice lime for 'Clients and assisted groups that were interested in
renting the f~cility,
Recreation Director 1- September 1996 to September 1998
Line Creek Community Center, Kansas City Rer;reation Department, Kansas City, MO
Served as the evening manager far the facility, Oversaw the day to day operations of Line Creek
Community Center & fce Arena, Provided leadership to staff during events and daily operation,
I"repared the daily bookkeeping records and financial statements, OveISaw the billing summaries
and prepared the end of month participation and financial reports. Assisted in the ice
maintenance operations, Scheduled and planned the community centers events and executed
the operation of events, Supervised concession stand operation by part time empJoyees,
Senior Event Coordinator - November 1995 to September 1996
Central Missouri State University, WammsbuTJ7, MO
Assisted groups (on and off campus) in the coordination of all major events with either a financial
and/or a public relations impact on CMSU, These events ranged from a few people to several
thousand people and from one day to several days and weeks. I was the primary contad for all
of the President's Office. Provost Office, Public Relations Office. and Development/Alumni Office
events, j oversaw all.of the summer camps that CMW !rosted, j negotiated tile cootracts and
usage fees for off campus clients, This position also served as a "'lead", guiding and advising the
other event ooordinators and tile offlGe staff when and as needed,
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Event Coordinator - August 1'"4 to November 1m
Oentral Missauri State University, Warrensburg, MO
Scheduled, planned, organized, coordinated, and executed events for a variety of clients (on and
off campus), Worked directly with tile University Selvice Centers which included: Marrtott Food
Service, Housing, Physical Plant, Audio Visuat and Sound in order to secure the needed support
for events using the "One Stop SIlop" ooncept.
Steven R. Ruden
':) WORK EXPERIENCE ~cantlnuedl
tce Supervisor'" August 1!92 to August 1fl4
Five: Flags CiviG Center and Theatre, Dubuque, fA
Boot>ed the ice times and prepared monthly schedufes for all ice arena dients, Supervised
Public skating operatkms, Insured that ice events were property staffed, Handled any ice link
inquiries and problems that related to the ice arena andforthe use~, ,Prepared monthly btlling
statements for ice arena clients,
House Manager - May 1989 to August 1994
Five Flags Civic Center and Theatre, Dubuque, fA
Managed front of house operations during events, Assigned usher positions and directly
supervised theirwark, Coordinated with the head of security to help guarantee patron safety.
Worked with event dients as a liaison to help assure that their events ran smoothly, Execufed
event operatkms and handled any major problems or roallenges that may have arisen. Filled out
event reports and secured the arenaftheatre after events. Assisted in the interviewing and
tmining of front of hoose staff. Scheduled front of hoose staff for events,
ADDITIONAL TRAINING
City of DUoUque CUStomer Relations Training (JanUarY 1989)
City of Dubuque Blood Born Pathogen Training (October 1992)
Fred Pryor eustomer Relations Seminar (August 1994)
Association of Collegia!e Conference and Even! Oireciors in!emaUonai Regionai Conference
(November 1994 &. October i (95)
/ \ Fred Pryor Customer Service Seminar (September 1995)
'-_) Fred Pryor Team Building Seminar (November 1995)
Association of Collegiate and Conference Event Directors International National Conference
(March 1996)
City of Kansas City, MO Cash Handling Training (December 1996)
City of Kansas City, Missouri Sexuat HarassmerrrTraining (June 1t1lffi)
Minnesota Recreation & Parks Conference (September 1999)
Member of the City of Broofdyn Park Committee to select an exclusive caterer for the
Community Adivily Center (Marro - May 2000 & January - Marro 2002)
Minnesota MunicipalS Conference (February 20(1)
Municipals lGSS Control Workslwp (April 2001)
CPR and AED Training (May 20(3)
EDUCATION
Baellelof of Arts: UnIversity of Nertllern lewa, May 1992
M<Jjor. Managment
Emphasis: Human ResourGeS
COMPUTER SKILLS
Expenence with Windows NT, Microsoft Office, Worn, Excel, Microsoft Publisher, RecTrac
registralion and facility scheduling system, and MaxE:nlerprise SCheduling and report software,
am also Interne! and emaillitera!e,
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Employment
Application
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755'8923 . WWW,CI.ANDOVER,MN,US
MUST BE FILLED OUT COMPLETELY
Date J /,.t/JE
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Name:
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Last
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Current Address:
Prior Address;
Street
City
State
Zip
Email Address:
I Applicant Note
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This application form is intended for use in evaluating your suitability for employment. It is not an employment contract.
Employment with the City of Andover is at-will, during the probationaIY period, which means the employee has the right to terminate
their employment, with or without cause, at any time. Likewise, the City has the right to terminate an employee with or without
cause, during the probationary period. Please answer all appropriate questions completely and to the best of your ability. False or
misleading statements are grounds for refusal or termination of employment and benefits. The City of Andover is an equal
opportunity employer. All qualified applicants will receive consideration without discrimination on the basis of a person's race, color,
creed, national origin, religion, age, sex, marital status, or physical handicap, except where a reasonable, bona fide occupational
qualification exists. Additional testing of job-related skills, mental/ physical abilities, physical condition and for the presence of drugs
in your body may be required prior to employment.
I Type of Work
For which position are you applying? f(cc..~;1ATl.oJA/. r"A<IL '''' Y M.("ft What date can you start?_ Oi'iO.0
I Educational Data
SOlOOL
PRINT NAME, NUMBER & STREET, CITY, STATE & ZIP CODE
& TELEPHONE NUMBER FOR EAOf SOlOOL LISTING
DATE OF
GRADUATION
NUMBER OF
YEARS
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DEGREE. MAJOR
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P:\New Hires\Andover Employment Application 5/14/2004
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June 1,2004
Ms, Dana Peitso
City of Andover
1685 Crosstown Blvd.
Andover, MN 55304
Dear Ms. Peitso,
The Recreation Facility Manager position, posted on your web site is an excellent fit with
my qualifications, as my resume will attest.
With my 8 plus years of successful management, including the largest indoor ice facility
in the United States, I understand what it takes to provide the best possible experience to
all those who would visit the Andover Community Center- I offer particular expertise in
the scheduling of events, contracts and invoicing, I would consider myself a hands on
manager, who doesn't mind getting dirty ifthat's what the job calls for, I also believe that
taking the time to properly train and educate all part-time staff is a key to a facility's
success.
I look forward to hearing back from you, so we can further discuss this position. Please
let me know if you need anything else.
Thank You.
Sincerely,
ffi:L' 2:'-Ll2c/
Erick Sutherland
Enclosure:
Resume
Application
/ )
ERICK J. SUTHERLAND
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EXPERIENCE
2003-Present Schwan's Super Rink
National Sports Center
Manager- Ice Arena Operations
Daily operations of four-sheet ice facility
. Scheduling of events, user groups, and part-time staff
. Contract and invoice all user groups and events
. Sports Programming
. Create and monitor $1,400,000,00 plus budget
. Monitor maintenance and emergency plans
Blaine, MN
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1998-2003 Schwan's Super Rink - National Sports Center
Assistance Manager- Ice Arena Operations Blaine, MN
Daily operations of four-sheet ice facility
. Scheduling of events, user groups, and part-time staff
. Contract and invoice all user groups and events
. Set up for various events and meetings
. Assist manager with budget
. Ice installation and maintenance
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1994-1998 Pepsi Coliseum - Indiana State Fairgrounds
Assistant Ice Arena Manager Indianapolis, IN
Daily operations of 8,000 seat facility
. Scheduling of events, user groups, and part-time staff
. Inventory control, purchasing, and sales for full service pro shop
. Installation and dismantling of ice surface, boards and glass for various
concerts and dry floor events
. Game day operations for Indianapolis Ice (Chicago Blackhawks farm team)
. Director of annual Coliseum In-line Roller Hockey Tournament
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EDUCATION
INTERNSHIP
1992- 1994 Red Wing Technical College
Arena and Recreational Facility Management - Graduated 6/94
Red Wing, MN
· Facility management skills
· Refrigeration and maintenance
· Marketing and public relations
· Accounting and contract 'Writing
-_._._----_...._-~------_._.,.,_._--_._-_._---_.__._.---.-.---------
11/93 -4/94 San Jose Arena (Home of San Jose Sharks)
· Event and game day set up
· Supervision of game day staff
,. Set up of various concerts, shows, and other events
· Preparation of monthly payroll for part-time staff
· Ice installation and maintenance
· Drive Zamboni during Sharks games
San]ose, CA
Employment
Application
: )
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
MUST BE FILLED OUT COMPLETELY
Date
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Name:
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I Applicant Note
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This application form is intended for use in evaluating your suitability for employment. It is not an employment contract.
Employment with the City of Andover is at-will, during the probationary period. which means the employee has the right to terminate
their employment, with or without cause, at any time. Likewise, the City has the right to terminate an employee with or without
cause, during the probationary period, Please answer all appropriate questions completely and to the best of your ability. False or
misleading statements are grounds for refusal or termination of employment and benefits. The Oty of Andover is an equal
opportunity employer. All qualified applicants will receive consideration without discrimination on the basis of a person's race, color,
creed, national origin, religion, age, sex, marital status, or physical handicap, except where a reasonable, bona fide occupational
qualification exists. Additional testing of job-related skills, mental/ physical abilities, physical condition and for the presence of drugs
in your body may be required prior to employment.
I Type of Work
For which position are you applying?
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/..$-; ..2<<>~
I Educational Data
SCHOOL PRINT NAMF. NUMBER &: STREET, CITY, 5fATE &: ZIP CODE DATE OF NUMBER OF DEGREF. MAJOR
&: IELEPHONE NUMBER FOR EArn SCJ-IOOL LISI1NG GRADUATION YEARS OR TYPE OF
OOMPtIITED COURSE
High School 4>:21 t./.t!~ ~
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Please list 11Wst recent emplayment first
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P:\New HlreslAndover Employment Application 5/14/2004
o
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, Finance DirectorlInterim City Administrator
SUBJECT: Community Center Progress Report
DATE: June 29, 2004
INTRODUCTION
The AndoverNMCA Community Center construction project is well underway with the presence
of panel walls, curbing, and a parking lot along with other continued construction activity. I
thought it would be appropriate to discuss the progress with the Council, get some direction on
some loose ends and gather Councilmember concerns,
DISCUSSION
~)
Listed below are points of discussion that I am seeking direction or concurrence on:
I. Intersection Improvements - The CDBG funding authorized by Anoka County will be
used to facilitate the intersection improvements, Federal "Davis Bacon" requirements
will need to be followed to be reimbursed with CDBG funding.
2. Ice Resurfacer - An electric Zamboni brand ice resurfacer has been ordered. Zamboni is
the only manufacturer of electric ice resurfacers,
3. Ice ArenalFieldhouse sound system - Does the Council support a downsized sound
system for the facility?
4, Ice Arena Wood seating - Does the Council support adding the wood seating (removed
during value engineering) back into the project if dollars can be saved in other areas of
the facility.
5, Concessions - Should I wait until the new Recreational Facility Manager is on board to
pursue finalizing?
ACTION REOUIRED
, )
the points of discussion and provide direction to Staff.
mitted,
'---
C9
'0
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, Finance DirectorlInterim City Administrator
SUBJECT: Update - 2005 Budget
DATE: June 29, 2004
INTRODUCTION
City Departments have started the 2005 Annual Operating Budget Development process and are
currently working on each department's line item budgets, capital outlay requests and new
staffing requests.
o
DISCUSSION
Attached for Council review is the "City of Andover 2005 Budget Development Calendar"
Departments are following to facilitate a timely 2005 Budget in compliance with the Council's
Budget Development guidelines. Also attached is the "City of Andover 2005-2009 CIP
Calendar" that integrates with the budget.
I will provide a brief presentation at the meeting to update the Council on Legislative issues.
ACTION REOUIRED
No action is required by the City Council, this information is provided to keep the Council
informed of the timing issues necessary to facilitate a timely 2005 Operating Budget & 2005-
2009 CIP-
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CITY OF
NDOVE
CD
1685 CROSSTOWN BOULEVARD N,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
FROM:
Will Neumeister, Director of Community Deve
ent a/L
TO: Mayor and Council Members
CC: Jim Dickinson, Interim City Administrator
SUBJECT: Approve First Amendment to Declaration of Covenants for Andover
Marketplace East --Planning
DATE:
June 29, 2004
INTRODUCTION
At the May 25, 2004 EDA meeting approval was granted for a new TCF Bank use to be
planned for one of the properties at Andover Marketplace East. The attorneys have prepared
the paperwork that is needed to allow this use of the property. Specifically, that involves an
amendment to the Declaration of Covenants to allow the bank use on the property. Attached
~J is a copy for review by the City CounciL
ACTION REQUESTED
The City Council is requested to authorize the signing of the 'First Amendment of the
Declaration of Restrictive Covenants' by the Mayor and City Clerk.
Respectfully submitted,
/at<<I!Iu~,- -
Will Neumeister
Attachment
First Amendment of Declaration of Restrictive Covenants
CC: Tom Palmquist, Ryan Companies US, Inc., 50 South Tenth Street, Suite 300,
Minneapolis, MN 55403-2012
Bill Hawkins, City Attorney
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Michael F. Hurley, Barna, Guzy & Steffen, LTD., 400 Northtown Financial Plaza, 200
Coon Rapids Blvd" Minneapolis, MN 55433-5894
RICHARD A, MERRILL
DARRELL A, JENSEN
JEFFREY S, JOHNSON
RUSSELL H, CROWDER
JON p, ERICKSON
THOMAS P. MALONE
r MICHAEL F. HURLEY
, ';::>UGLAS G, SAUTER
~!lERMAN L. TALLE
CHARLES M, SEYKORA
DANIEL D, GANTER, JR,
BEVERLY K, ooooE
JAMES D, HOEFT
JOAN M, QUADE
JOHN T. BUCHMAN
SCOTT M, LEPAK
BGS
STEVEN G, THORSON
ELIZABETH A. SCHADlNG
WILLIAM E HUEFNER
BRADLEY A. KLETSCHER
KRISTl R. RILEY
WIllIAM D. SIEGEL
JENNIFER C. THUUEN SMITH
KARIN E, SIMONSON
MATTI-IEW A. KOROGI
EDWARD (TED) p, SHEU
TIMOTHY D, ERB
Barna, Guzy & Steffen, Ltd.
ATTORNEYS AT LAW
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433-5894
(763) 780-8500 FAX (763) 780-1777
1-800-422-3486
www.bgslaw.com
Retired
ROBERT A. GUZY
BERNARD E, STEEFEN
1931.2002
Writer's Direct Line: (763) 783-5117
1nternet E-Mail Address:mhurley@bgslaw.com
June 15,2004
Mr. Will Neumeister
Andover City Hall
1685 Crosstown Boulevard NW
Andover, MN 55304
VIA U.S. MAIL AND E-MAIL
RE:
Ryan Companies US, Inc.
Our File No, 43285-323
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Dear Mr. Neumeister:
Bill Hawkins asked that I forward to you a proposed First Amendment to Declaration of
Restrictive Covenants for execution. The same has been approved by Target. It is my
understanding the Andover EDA and city coum;il need to approve the execution of this
document. Enclosed you will find four execution copies of this document. After the same has
been executed, please return all execution copies to me so that I can circulate the document for
execution by all the other interested parties.
If you have any questions, please contact me.
Sincerely,
C)
MFH/mjp
Ene.
cc: Bill Hawkins (via e-mail)
Tom Palmquist (via e-mail)
Eit~:."-shed It"38_An EOElAA Employer
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FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
TIllS FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
("Amendment") is made and entered into this _ day of June, 2004, by and between Andover
Economic Development Authority, a body corporate and politic under the laws of the State of
Minnesota ("EDA"), Target Corporation, a Minnesota corporation ("Target"), Ryan Companies
US, Inc., a Minnesota corporation ("Ryan"), United Properties Investment, LLC, a Minnesota
limited liability company ("United"), Net Lease, LLC, a Minnesota limited liability company
("Net Lease"), and the City of Andover, a political subdivision of the State of Minnesota
("City"),
RECITALS
WHEREAS, a Declaration of Restrictive Covenants was entered into on the 18th day of
December, 2003, recorded the 23rd day of December, 2003 as Anoka County Registrar of Titles
Document No, 455182 ("Declaration"); and
WHEREAS, the Declaration imposed certain restrictions on the Burdened Property as
defined in the Declaration; and
WHEREAS, the Declaration provides that the Declaration can only be amended by all of
the then Burdened Owners as defined in the Declaration; and
WHEREAS, Lot 1, Block 1, Andover Marketplace East ("Lot 1, Block 1 Owner") is as of
the date of this document owned by Target; and
WHEREAS, Lot 2. Block 1, Andover Marketplace East ("Lot 2, Block 1 Owner") is as of
the date of this document owned by Ryan; and
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WHEREAS, Lot 1, Block 2, Andover Marketplace East (Lot 1, B]ock 2, Owner") is as of
the date of this document owned by Net Lease; and
WHEREAS, Outlots A and B, Andover Marketp]ace East ("Out]ots A and B Owner") is
as of the date of this document owned by the City;
WHEREAS, Outlot C, Andover Marketp]ace East ("Out]ot C Owner") is as of the date of
this document owned by United; and
WHEREAS, Outlot D and E, Andover Marketp]ace Easement ("Outlots D and E
Owner") is as of the date of this document owned by the EDA.
WHEREAS, the Lot 1, Block 1 Owner; Lot 2, B]ock 1 Owner; Lot 1, Block 2 Owner;
Out]ots A and B Owner; Outlot C Owner; and Out]ots D and E Owner are collectively
hereinafter referred to as the "Burdened Owners"; and
WHEREAS, the Burdened Owners own all of the Burdened Property as defined in the
Declaration; and
WHEREAS, the Burdened Owners wish to amend the terms and conditions of the
Declaration to permit the construction and operation of a financial institutionlbank on Lot 2,
Block 1, Andover Marketp]ace East.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the Burdened Owners hereby agree to amend the Declaration as follows:
L Regardless of any provision to the contrary contained in the Declaration, the Burdened
Owners hereby consent to the use and operation of Lot 2, Block 1, Andover Marketp]ace East as
a financial institutionlbank and further agree that the provision in Section 3.1 of the Declaration
regarding the restriction often percent (10%) of the total floor area on any Jot in the Burdened
Property being used only for retail office shall not be applicable to the Lot 2, B]ock 1, Andover
Marketp]ace East, provided that a financial institutionlbank is constructed and operated on said
Parcel.
2. Except as specifically provided herein, all the terms and conditions of the Dec]aration
shall remain unchanged, including but not limited to, Section 10 of the Declaration regarding any
further amendment or termination of the Declaration,
3. This Amendment shall be governed by and construed in accordance with the laws of the
State of Minnesota, This Amendment may be signed in counterparts, each of which shall be
deemed an original and all of which when taken together shall constitute one Amendment.
[SIGNATURE PAGES FOLLOW]
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IN WITNESS WHEREOF, the undersigned has caused this Amendment to be executed
as of the day and year first above written,
ANDOVER ECONOMIC
DEVELOPMENT AUTHORITY
By:
Michael R.Gamache
Its: President
By:
Its: Executive Director
STATE OF MINNESOTA
)
)ss,
)
COUNTYOFANOKA
The foregoing instnunent was acknowledged before me this _ day of June, 2004, by
Michael R. Gamache and , the President and Executive Director, respectively, of
Andover Economic Development Authority, a body corporate and politic under the laws of
Minnesota, on behalf of the municipal cOlporation.
Notary Public
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TARGET CORPORATION
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledge before me this _ day of June, 2004, by
, the of Target Corporation, a Minnesota
corporation. on behalf of the corporation,
Notary Public
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RYAN COMPANIES US, INC,
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledge before me this _ day of June, 2004, by
, the of Ryan Companies US, Inc., a
Minnesota corporation, on behalf of the corporation,
Notary Public
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UNITED PROPERTIES
INVESTMENT, LLC
By;
Its:
STATE OF MINNESOTA )
)ss,
COUNTY OF )
The foregoing instrument was acknowledge before me this _ day of June, 2004, by
, the of United Properties Investment, LLC, a
Minnesota limited liability company, on behalf of the company,
Notary Public
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NET LEASE, LLC
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledge before me this _ day of June, 2004, by
, the of Net Lease, LLC, a Minnesota limited
liability company, on behalf of the company.
Notary Public
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THE CITY OF ANDOVER
By:
Michael R. Gamache
Its: Mayor
ATTEST:
By:
Victoria Volk
Its: Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of June, 2004, by
Michael R. Gamache and Victoria Volk, known to me to be the Mayor and Clerk of the City of
Andover, a political subdivision of the State of Minnesota, and who executed the foregoing
instrument on behalf of said subdivision for the uses and purposes mentioned in the instrument.
This instrument was drafted by:
Bama Guzy & Steffen, Ltd,
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433-5894
(763) 780-8500 (MFH)
239598_1