AgendaHOPKINS CITY COUNCIL
FINAL AGENDA
Tuesday, November 17, 2009
7:30 pm
THIS FINAL AGENDA IS SUBJECT TO CHANGE
UNTIL THE START OF THE CITY COUNCIL MEETING
Schedule: 7:00 p.m. — Reception for the IACP Award
7:30 pm - City Council Meeting
Work Session after Close of Regular City Council Meeting
1_ CALL TO ORDER
II. OPEN AGENDA — PUBLIC COMMENTS /CONCERNS
(Public must fill out a Speaker Request Form. Three minute limit for each person)
III. PRESENTATION
1. Presentation of 2009 IACP Civil Rights Award — Blake Road Corridor; Reid
2. Presentation by Hennepin County Attorney Mike Freeman
3. Presentation by the Blake Road Corridor Social Services Collaborative; Elverum
IV. CONSENT AGENDA
1. Minutes of the November 4, 2009 City Council Meeting
2. Minutes of the November 4, 2009 Council Work Session after the City Council
Meeting
3. Approve Renewal of General Liability and Property Insurance and Authorize not
Waiving of the Statutory Tort Liability on the League of Minnesota Cities Insurance
Trust Policy; Harkess (CR2009 -098)
4. Second Reading; Approve Ordinance 2009 -1008, Transient Merchant Ordinance
Amending Section 1145 of the Hopkins City Code; Genellie
5. Approve Resolution 2009 -063, Authorizing Agreement with the Minnesota DPS,
Office of Traffic Safety for Grant Programs; Reid (CR2009 -100)
Vote: Youakim Brausen Rowan Halverson Maxwell
V. NEW BUSINESS
1. Approve Resolution 2009 -061, Awarding Sale of Bonds — G.O. Bonds Series 2009A
fro $3,340,000; Harkess (CR2009 -096)
Vote: Youakim Brausen Rowan Halverson Maxwell
QUESTIONS OR COMMENTS? ASK THE CITY! Call (952) 939 -1421
Ask the City is the City of Hopkins voice message system)
2. Approve Resolution 2009 -062, Awarding Sale of Bonds — G.O. Housing Improvement
Refunding Bonds Series 2009B for $2,890,000; Harkess (CR2009 -097)
Vote: Youakim Brausen Rowan Halverson Maxwell
3. Approve First Reading Ordinance 2009 -1009, Amending Sections 701.17 and
702.15 of the Hopkins City Code (Franchise Fees); Harkess (CR2009 -099)
Vote: Youakim Brausen Rowan Halverson Maxwell
VI. ADJOURNMENT
Vote: Youakim Brausen Rowan Halverson Maxwell
QUESTIONS OR COMMENTS? ASK THE CITY! Call (952) 939 -1421
(Ask the City is the City of Hopkins voice message system)
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• A regular meeting of the Hopkins City Council was held on November 4, 2009, in the Council
Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, and Halverson. Also, present
were staff members Getschow, Genellie, Elverum, Harkess, and City Attorney Wynn Curtiss.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:32 p.m.
II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS
There were none.
III. PRESENTATIONS
1. Hopkins Fusion
The owner of the Hopkins Fusion, a nutrition club, came forward and gave a description of the
business they recently opened. �
2. Hopkins Community Image Award
• Each year the City of Hopkins recognizes certain properties for their contributions toward the
image of the community. Nominations were sought through August. A review committee
voted to determine which nominated properties would receive an award. There are three
categories; Commercial/Industrial/OfFice, Multi-Family Residential, and Single Family
Residential. Mayor Maxwell presented awards to the following:
Single Family Residential
Ron and Sheri Salargo, 137 7 Ave S
Jean O'Keefe, 241 18 Ave N
Pedro Aguilar-Estrada and Maria Olivar, 25 Jackson Ave N.
Commercial/Industrial/Office
Eisenhower Community Center, 1001 State Hwy 7
Frame Design Courtyard, 8 10 Ave N
Vail Place, 15 9 Ave S
IV. CONSENT AGENDA
1. Minutes of the October 20, 2009 City Council Meeting
2. Minutes of the October 20, 2009 City Council Work Session
3. Minutes of the October 27, 2009 City Council Work Session
4. Ratify Checks Issued in the Month of October, Memo
5. Approval of First Amendment to the Hopkins Depot Use Permit Agreement
(CR2009-094)
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November 4, 2005 City Council Meeting Minutes Page 1
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Council Member Brausen moved and Council Member Halverson seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Councii Member Brausen, '
aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
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V. NEW BUSINESS
1. Approve the Revocation of the Food Establishment License for Jack Yee's
Restaurant located at 1016 Mainstreet (CR2009-091)
Larry Myers, Hopkins Environmental Health Specialist conducted an inspection of Jack Yee's
Restaurant. Seventeen violations were noted, seven of which were critical. Jack Yee's was
ordered closed until the violations were corrected.
On September 24, it was brought to the City's attention that Jack Yee's was open for business.
An "Unlawful To Do Business" was posted on the door of the restaurant. On October 14, Jack
Yee's was open in violation of the order. A citation was issued on October 16. On October 19,
Jack Yee's again opened in violation of the order. Another citation has been issued. The
owner, Sam Lau has made no attempt to contact Mr. Myers or the City.
� Staff is recommending that the food license be revoked for the following reasons:
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� 1. The owner of Jack Yee's restaurant conducted this licensed activity in such manner as
I to constitute a menace to the health, safety and welfare of the public by operating the
�, restaurant with critical food safety violations.
2. The owner operated the restaurant in violation of Section 600 of the Hopkins City Code
and Chapter 4626, the Minnesota Food Code, in relation to cleanliness and food safety.
3. In operating the restaurant the owner failed to continuously comply with all conditions as
precedent to the approval of the license specifically not complying with the food
standards as set out in Chapter 4626, the Minnesota Food Code.
4. The owner repeatedly reopened the restaurant in express violation of orders to remain
closed from the Environmental Health Specialist and the Building Official.
A notice was sent to the owner of Jack Yee's on October 23, notifying him of the hearing to
revoke his license on November 4, 2Q09.
The Council discussed the differences befinreen suspending the license and revoking the
license. Revoking the license would require a new application for anyone who wanted to open
', the business as a restaurant. Health and building codes would be enforced with a new license
�, application process.
�� The Council discussed the next steps to insure compliance.
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� November 4, 2005 City Council Meeting Minutes Page 2
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• Council Member Halverson moved and Council Member Brausen seconded a motion to
approve the revocation of the Food Establishment License for Jack Yee's Restaurant located
at 1016 Mainstreet due to the reasons set out in this report. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The
motion carried unanimously.
2. Adopt Resolution 2009-059, Authorizing the Sale of $2,890,000 Taxable Housing
Improvement Area Housing Bonds, Series 2009C (CR2009-092)
Following an analysis of the City's outstanding debt, it was determined that market conditions
exist to realize substantial savings on the 1999A and 1999B Taxable Housing Improvement
Area Bonds by refunding these issues. The bonds were originally sold to finance the
Westbrooke Patio Homes and Valley View Housing projects. Housing Improvement fees are
collected on the taxes to pay the debt service. Refunding these issues will provide substantial
funds for the housing districts at the conclusion of the bond issue, thus providing funds for the
housing districts to make improvements or enhancements to the property.
The bond proceeds will be used to finance current refunding of all of the City's callable Taxable
GO Housing Improvement Bonds and will result in a savings of $111,000 on the 1999A issue
and $225,000 on the 1999B issue, for a total savings of $336,000.
Council Member Halverson moved and Council Member Brausen seconded a motion to adopt
• Resolution 2009-059, Resolution Providing for the Sale of $2,890,000 Taxable Housing
Improvement Area Bonds, Series 2009C. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
3. Approve Resolution 2009-060, Authorizing the Call of a Serial Bond for Meadow
Creek Condominium Project Area One (CR2009-093)
In 1995, the City of Hopkins issued Taxable General Obligation Housing Improvement bonds,
Series 1995. Seven serial bonds issued are callable. The cost of calling one of the callable
bonds is $85,000. The debt service fund for these bonds has the capacity to call the bond this
year and continue having available funds for future debt and interest payments.
Council Member Brausen moved and Council Member Halverson seconded a motion to adopt
Resolution 2009-060, authorizing the redemption of callable Taxable General Obligation
Housing Improvement Bond, Series 1995, for the Meadow Creek Condominium project. A poll
of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye;
Mayor Maxwell, aye. The motion carried unanimously.
4. First Reading: Approve Ordinance 2009-1008, Transient Merchant Ordinance,
Amending Section 1145 of the Hopkins City Code (CR2009-095)
In 2005, the City Council adopted ordinance 2005-944. The ordinance limited transient
• merchants to the B-3 Business District, Prohibited transient sales near intersections or within
November 4, 2005 City Council Meeting Minutes Page 3
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public rights-of-way or setbacks, ensured that there is sufficient parking to handle the transient �
business as well as any existing businesses, and limited the number and duration of transient �
merchant licenses.
Section 1145.07 exempts organizations selling Christmas Trees from the transient merchant
requirements but requires compliance with Section 1145.15, Subd. 2. The language in
1145.07 e) was not amended in 2005 and thus made the sale of Christmas trees subject to all
the new requirements that were imposed on transient merchants. Ordinance 2009-1008 will
amend Section 1145.07 in order to return the regulation of the sale of Christmas trees to where
it was prior to 2005.
Council Member Brausen moved and Council Member Halverson seconded a motion to
Approve Ordinance 2009-1008 amending Sections 1145 of the Hopkins City Code for first
reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Halverson moved and Council Member
Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 8:29 p.m.
Respectfully Submitted, �
Terry Obermaier, City Clerk
� COUNCIL MEMBERS
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�I ATTEST:
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Eugene J. Maxwell, Mayor
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', November 4, 2005 City Council Meeting Minutes Page 4
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November 4, 2009
Page 1
• MINUTES OF THE CITY COUNCIL WORK SESSION
AT CONCLUSION OF THE REGULAR CITY COUNCIL MEETING
Wednesday, November 4, 2009
Mayor Maxwell called the meeting to order at 8:35 pm. Present were Mayor Maxwell and Council
members Brausen, Halverson, and City Manager Rick Getschow
OTHER:
• Mayor Maxwell asked for talking points or information about the upcoming presentations by both the
County Attorney and the IACP Civil Rights award. City Manager Getschow stated that there would
information in the packet prior to that meeting.
• City Manager Getschow stated that at the next meeting he will provide copies of the dispatch study that
was done between Hopkins and Minnetonka. There was a brief discussion regarding the findings.
• City Manager Getschow stated that he would also have information coming in the Friday update
i regarding water conservation rates and irrigation meters in the city.
With no further business, a motion was made by Brausen, seconded by Halverson to adjourn the meeting. The
motion passed unanimously. The meeting was adjourned at 8:55 pm.
Rick Getschow, Secretary
CITY COLTNCIL
ATTEST:
Eugene J. Maxwell, Mayor
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