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11-04-09A 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 41) 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) November 4, 2005 City Council Meeting Minutes Page 1 Council Member Brausen moved and Council Member Halverson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 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: 1. The owner of Jack Yee's restaurant conducted this licensed activity in such manner as 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, 2009. The Council discussed the differences between 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. November 4, 2005 City Council Meeting Minutes Page 2 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 40 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) 0 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