Agenda 9-22-2004Page 1 of 12
AGENDA OF THE SAINT PAUL CITY
COUNCIL
Wednesday, September 22, 2004 - 3:30 p.m.
PUBLIC HEARINGS - 5:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Mary Erickson - 651- 266 -8565
Chris Rider - 651- 266 -8633
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Housing and Redevlopment Authority
REMINDER: THERE WILL NOT BE A MEETING ON SEPTEMBER 29 SINCE IT IS THE FIFTH
WEDNESDAY OF THE MONTH.
CONSENT AGENDA (Items 1 - 43)
NOTE:ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED BY A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
Claims of Stephen Wallisch, and Bradley Welsch.
2. Summons and Complaint in the matter of Meng Yang, individually and as parent and natural guardian
of Laura Tia Yang, a minor, v. the City of St. Paul, et al.
3.Notice of Motion and Motion for Order Authorizing Disbursement of Condemnation Proceeds, and
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accompanying documents, in the matter of the Housing and Redevelopment Authority of the City of
Saint Paul v. the City of Saint Paul, et al.
4.Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 6, 2004 concerning adverse action against all licenses held by BKS, Inc., d /b /a Benjamin's
Restaurant & Lounge, 111 Kellogg Boulevard East.
5.Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 6, 2004 concerning adverse action against the Auto Repair Garage and Auto Body Repair Shop
licenses held by Mohammed Shams Eshmawy, 2121 University Avenue West.
6.Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 6, 2004 concerning adverse action against the application of Joseph C. Huber for renewal of a
Taxicab Driver's License.
7.Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on October 6, 2004 to consider the appeal of Lexington Hamline
Community Council and University United to a decision of the Planning Commission approving the site
plan for a new ALDI grocery store and parking lot on the southeast corner of University and Dunlap.
8.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 6, 2004 concerning the appeal of Lexington Hamline Community
Council and University United to a decision of the Planning Commission denying an appeal of a Planning
Administrator's approval of a subdivision of the old shopping center at Lexington and University (415,
417, 445, and 451 Lexington Pkwy. N.).
9.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 6, 2004 to consider the application of Patrick Ilfrey for a subdivision
(lot split) to create three single - family residential parcels, with variance of the requirement that lots have
frontage on an improved Street, at 1374 Woodbridge Street, between Cottage Avenue and Northern
Pacific Railroad.
10.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 6, 2004 to consider the application of Frank Greczyna, Pineview
Builders, Inc. for a Combined Plat for Grand Avenue Townhomes to create three (3) residential lots, three
(3) accessory lots, and one (1) out lot at 1992 Grand Avenue.
I I .Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 6, 2004 to consider the application of Lander Group and Lander
Associates for a Combined Plat creating three (3) multi - family housing parcels at XXX 10th Street East
(north quadrant site bounded by 9th, Jackson, 10th, and Sibley Streets).
12.Letter from the Department of Neighborhood Housing & Property Improvement declaring 1050
Hague Avenue a nuisance property. (For notification purpose only; a public hearing will be scheduled at
a later date if necessary.)
13.Letter from Mayor Kelly dated September 9, 2004 announcing his veto of Council File 04 -870, setting
the tax levy for the City of Saint Paul for Fiscal year 2005, adopted by the City Council on September 8,
2004.
14.Letter from Mayor Kelly dated September 13, 2004 announcing his veto of
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Council File 04 -760, an ordinance prohibiting smoking in bars and restaurants; creating responsibilities
for proprietors; prohibiting retaliation; and providing penalties for violation (complete smoking ban
proposal), adopted by the City Council on September 1, 2004.
15.Administrative Orders:
D002429Authorizing the Department of Fire and Safety Services to remit payment, not to exceed
$1,000.00, for costs incurred to hold an Emergency Operations Center Orientation Exercise.
D002430Extending the contract completion date from June 30, 2004 to July 31, 2004 for the
Maryland /Edgerton Sanitary Sewer Cleaning and TV Inspection Project.
D00243 I Authorizing funds, not to exceed $250.00, for the Police Department to send one Internet
Crimes Against Children Task Force participant, who is not a city employee, to ICAC training for
prosecutors in Santa Fe, New Mexico on November 15 -19, 2004.
D002432Authorizing the Police Department Critical Incident Response Team to purchase meals, not to
exceed $2,550.00, for weapons and tactical training at Camp Ripley, Fort Ripley, MN on October 10 -13,
2004.
FOR ACTION
16.Approval of minutes of September 8 & 15, 2004.
17.Resolution - 04 -872 - Approving Employment Agreements for Independent School District 4625
(Bricklayers, Carpenters, Painters, Cement Masons, Plasterers, Professional Employees and Tri- Council).
(Laid over from September 15 for adoption)
18.Resolution - 04 -873 - Approving the Memorandum of Agreement between the City and AFSCME
41842 to extend the previously approved pilot project within the Department of Public Works for
Engineering Technician positions. (Laid over from September 15 for adoption)
19.Resolution - 04 -874 - Approving the Memorandum of Agreement between the
City and the Saint Paul Supervisors Organization to extend the previously approved pilot project within
the Department of Public Works for Engineering Technician positions. (Laid over from September 15 for
adoption)
20.Resolution - 04 -886 - Approving the appointments, by Mayor Kelly, of Chad Kulas, Tom Triplett and
Carl Kuhl.
21.Resolution - 04 -887 - Approving the appointments of Stephanie Battle, Kenneth Cooper, Sylvia
Herndon, Becky Hicks, Andy McMahon, Bob Odman, Rosemarie Reger- Rumsey, Tom Triplett, John
Vomastek, and Patrick Wood, by Mayor Kelly, to the Homeless Advisory Board.
22.(No item)
23.Resolution - 04 -889 - Authorizing the Police Department to enter into a five -year lease agreement
renewal with the Pointe of Saint Paul Condominium Association for the radio communication site.
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24.Resolution - 04 -890 - Authorizing the Police Department to accept a Gang Strike Force grant from the
State of Minnesota for the period of July 1, 2004 through June 30, 2005.
25.Resolution - 04 -891 - Authorizing the Police Department to accept a grant from the Minnesota
Department of Public Safety for coordination of alcohol saturation from August 14 through August 15,
2004.
26.Resolution - 04 -892 - Authorizing the Police Department to accept a 2004 Law Enforcement
Terrorism Prevention Program Grant from the Minnesota Department of Public Safety.
27.Resolution - 04 -893 - Authorizing the Police Department to enter into an agreement with the United
States Department of Justice to participate in the Organized Crime Drug Enforcement Task Force from
August 20 through December 31, 2004.
28.Resolution - 04 -894 - Authorizing the Department of Planning and Economic Development to make
application, accept and budget for a $186,394 HUD grant for the Ames Green Project.
29.Resolution - 04 -895 - Authorizing the Department of Planning and Economic Development to accept a
Contamination Cleanup Grant in the amount of $614,455 from the Minnesota Department of
Employment and Economic Development for the Tenth & Jackson Lofts Project.
30.Resolution - 04 -896 - Authorizing the Division of Parks and Recreation to expend city funds, not to
exceed $400.00, for snacks and beverages for the Annual Division Conference.
31.Resolution - 04 -897 - Amending the spending and financing plans of the 2004 Maryland Avenue
Bridge and the 2002, 2003, and 2004 MSA Contingency projects by transferring MSA funding to the
White Bear Avenue at 7th Street intersection improvement project.
32.Resolution - 04 -898 - Amending the spending and financing plans of the 2004 Residential Street
Vitality Program by transferring funding from the Edgewater Boulevard and the 2002 and 2003
Residential Street Vitality Programs.
33.Resolution - 04 -899 - Setting a public hearing date for November 3, 2004 for the proposed 2005
Sanitary Sewer and Storm Sewer rates.
34.Resolution - 04 -900 - Suspending the Massage Practitioner license held by Lisa M. Swartz, 2221 Ford
Parkway, until licensee submits proof of affiliation from a St. Paul licensed massage center and a current
certificate of insurance with no lapse in coverage.
35.Resolution - 04 -901 - Suspending the City Contractor license held by Miesen Roofing, Inc., 3151
County Drive, Little Canada.
36.Resolution - 04 -902 - Authorizing adverse action against the Cigarette /Tobacco license held by Santos
&. Khamvongsa d /b /a Amanecer Market, 800 Seventh Street East.
37.Resolution - 04 -903 - Authorizing adverse action against the Cigarette /Tobacco license held by
Holiday StationStores, Inc., d/b /a Holiday Station Store, 500 - 7th Street East.
38.Resolution - 04 -904 - Authorizing the City to accept a grant of $3,112,690 from the State of
Minnesota for the 2004 Urban Area Strategic Initiative.
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39.Resolution - 04 -905 - Authorizing the City to accept a Hazardous Materials Emergency Preparedness
grant in the amount of $3,000.00 from the State of Minnesota.
40.Resolution - 04 -906 - Authorizing the Department of Fire and Safety Services to set up the financing
and spending plans for the 2003 Federal Homeland Security Equipment/Exercise Grant.
41.Resolution - 04 -907 - Approving the license application with conditions, per the Legislative Hearing
Officer, for an Expanded Service Area License by Colleen M. Humphreys, owner, d/b /a Sherwood
Lounge, 1418 White Bear Avenue North.
42.Resolution Approving Assessment - 04 -908 - In the matter of the assessment of benefits, cost and
expenses for installation of a Fire Protection System at 180 East Fifth Street (First Trust Center) for the
Penthouse and Floor 11, and setting date of public hearing for October 27, 2004. (File No. FP2003 -01E)
43.Resolution Approving Assessment - 04 -909 - In the matter of the assessment of benefits, cost and
expenses for the excessive police and nuisance enforcement services for properties at 2554 Como Avenue
and 1491 University Avenue West, and setting date of public hearing for October 27, 2004. (File No.
SPPD04A)
FOR DISCUSSION
44.Resolution - 04 -910 - Authorizing the Police Department to accept a donation of a Kustom Pro Laser
III and a spare battery for the laser from the State of Minnesota.
45.Update from the Department of Planning and Economic Development on the development of the Rice
Street Small Area Plan.
46.Report from Dave Pleasants, Assistant Fire Chief, on the 2004 State Homeland Security Program.
(Report requested by the Council on September 8; laid over from September 15)
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
47.Second Reading - 04 -884 - An ordinance memorializing City Council action granting the application
of Michlitsch Builders, Inc. to rezone property from B -2 (Community Business) and P -1 (Parking) to
TN2 (Traditional Neighborhood) for residential or mixed use development at 800 and 806 East Third
Street.
(Public hearing held July 28)
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
48.Resolution - 04 -911 - Accepting the 2004 Local Law Enforcement Block Grant, and authorizing the
City to enter into an agreement with Ramsey County for the 2004 Proposal for Collaborative Use of the
grant.
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49.Resolution - 04 -912 - Approving the amended and restated Tax Increment Financing Plan for Saint
Paul Neighborhood Scattered Site Tax Increment Financing District Number IA.
50.Resolution - 04 -913 - Approving the disposal of excess city park land located northeasterly of the
intersection of Broadway and 5th Streets in Downtown St. Paul in order to provide additional parking for
downtown residents.
51.Resolution - 04 -914 - Approving the petition of Phil Gravel to vacate a portion of West Hoyt Avenue
in order to landscape the area.
52.Resolution - 04 -915 - Approving the petition of the Port Authority to vacate right -of -way surplus to
the use of Phalen Boulevard and the west half of the alley in the block bounded by Whitall St., Payne
Ave., Edgerton St., and Phalen Blvd. in order to develop the property with the new Westminster Junction
Business Center.
53.Resolution - 04 -916 - Approving the petition of the City of St. Paul to release its interest in property at
Eagle and Exchange Streets in order to develop the property with a new business (under the guidance of
the HRA).
54.Final Order - 04 -917 - In the matter of the Operation Costs for the Above Standard Street Lighting
Systems for 2005 projects in Wards 1, 2, 3, 4, and 7.
55.Resolution Ratifying Assessment - 04 -918 - In the matter of the assessment of benefits, cost and
expenses for the Operation of the Above Standard Street Lighting Systems for the months of January
through December 2004 for various wards.
56.Final Order - 04 -919 - In the matter of the Operation and Maintenance Costs for the Arcade /Case and
the Grand /Snelling parking lots for 2005. (File No. 18744 & 18746)
57.Resolution Ratifying Assessment - 04 -920 - In the matter of the assessment of benefits, cost and
expenses for the Arcade /Case and the Grand/Snelling parking lots operation and maintenance costs for
2005. (File No. 18744 & 18746)
58.Resolution Ratifying Assessment - 04 -921- In the matter of the assessment of benefits, costs and
expenses for improving the alley in Hazel Park Block 4 (bounded by Case, Kennard, LaCrosse and
Flandrau). (File No. 18972)
59.Resolution Ratifying Assessment - 04 -922 - In the matter of the assessment of benefits, costs and
expenses for the Seventh/Daly Area Paving and Lighting Project. (File No. 18974)
60.Resolution Ratifying Assessment - 04 -923 - In the matter of the assessment of benefits, costs and
expenses for improving the alley in St. Clair and Short Line Addition Plat 2, Block 4 (bounded by
Osceola [vacated], Fairmount, Railroad and Dunlap). (File No. 18975)
61.Resolution Ratifying Assessment - 04 -924 - In the matter of the assessment of benefits, costs and
expenses for improving the alley in Smedley's Addition Block 1 (bounded by Curtice, Sidney, Brown
and Andrew). (File No. 18978)
62.Resolution - 04 -925 - Ordering the owner to remove or repair the building(s) at 1040 Jessie Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner 180 days to complete rehabilitation provided the following is completed by noon on September
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22, 2004: 1) a $2,000 bond is posted; and 2) a purchase agreement showing financial wherewithal to
rehabilitate the property)
63.Resolution - 04 -926 - Ordering the owner to remove or repair the building(s) at 640 Minnehaha
Avenue West Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the October 6, 2004 City Council Hearings provided the following is
completed by noon on September 22, 2004: 1) the vacant building fees are paid; and 2) a Code
Compliance inspection is completed)
64.Resolution Ratifying Assessment - 04 -927 - In the matter of the assessment of benefits, cost and
expenses for summary abatement for excessive consumption of inspection services for property code
violations at 1053 Central Avenue West (J0402EI); and summary abatement (property clean -up) during
April 2004 at 1956 Feronia Avenue (J0403A1). (Laid over from August 25)
(Legislative Hearing Officer recommends the following:
1053 Central Avenue West - deleting the assessment
1956 Feronia Avenue - approval of the assessment)
65.Resolution Ratifying Assessment - 04 -928 - In the matter of the assessment of benefits, costs and
expenses for summary abatements (property clean -up) in June 2004 (J0405A); demolition of a vacant
building (garage) at 2071 Clear Avenue in June 2004 (J0403C); boarding up vacant buildings in May
2004 (J0403B); summary abatement for excessive consumption of inspection services for May, June, and
part of April 2004 (J0403E); and weekly garbage hauling service for the second quarter of 2004
(J04T2Q). (Legislative Hearing Officer recommends the following:
820 Fifth Street East (J0403E) - laying over to the September 28 Legislative Hearings and the October 6
City Council Hearings;
244 Goodrich Avenue (J0403E) - approval;
863 Marshall Avenue (J0403E) - approval;
644 Robert Street South (J0403B) - approval;
1515 Virginia Street (J04T2Q) - approval;
800 Como Avenue (J0405A) - deleting the assessment;
1485 Almond Avenue (J0403E) - approval;
2168 Ann Arbor Street (J0405A) - reducing the assessment from a total of
$220 to a total of $110;
225 Baker Street East (J0403E) - approval;
233 Banfil Street (J0403E) - approval;
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1151 Beech Street (J0403E) - approval;
1293 Birmingham Street (J0403E) - approval;
655 Blair Avenue (J0403E) - approval;
396 Burgess Street (J0403E) - approval;
769 Burr Street (J0403E, J0405A) - approval of both assessments;
1836 Carroll Avenue (J0405A) - approval;
719 Case Avenue (J0403E) - approval;
1940 Case Avenue (J0403E) - approval;
392 Charles Avenue (J0403E, J0405A) - adding the assessments together and spreading the payments
over a five -year period;
320 Charles Avenue (J0403E) - approval;
518 Charles Avenue (J0403E) - approval;
555 Charles Avenue (J0403E) - approval;
723 Charles Avenue (J0403E) - approval;
1057 Charles Avenue (J0403E, J0405A) - deleting both assessments;
412 Cherokee Avenue (J0403E) - approval;
1610 Concordia Avenue (J0403E) - approval;
1349 Edgerton Street (J0403E) - approval;
328 Edmund Avenue (J0403E) - approval;
228 Edmund Avenue (J0403E) - approval;
977 Eleanor Avenue (J0403E) - deleting the assessment;
1761 Englewood Avenue (J0405A) - approval;
415 Fairview Avenue North (J0403E) - approval;
531 Forest Street (J0403E) - approval;
1018 Fremont Avenue (J0403E) - deleting the assessment;
675 Front Avenue (J0405A) - recommendation is forthcoming;
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717 Fry Street (J0403E) - approval;
926 Fuller Avenue (J0405A) - reducing the assessment from a total
$220 to a total of $110;
926 Fuller Avenue (J0403E) - deleting the assessment;
1360 Furness Parkway (J0403E) - deleting the assessment;
175 Granite Street (J0403E) - approval;
872 Hague Avenue (J0403E) - approval;
915 Hague Avenue (J0403E) - deleting the assessment;
465 Hall Avenue (J0403E) - approval;
934 Hawthorne Avenue East (J0403E) - recommendation is forthcoming;
1058 Jessie Street (J0403E) - approval;
1062 Jessie Street (J0403E) - approval;
99 Lawson Avenue East (J0403E) - deleting the assessment;
68 Maria Avenue (J0403E) - approval;
775 Maryland Avenue East (J04T2Q) - deleting the assessment;
155 Morton Street West (J0403E) - deleting the assessment;
627 Palace Avenue (J0405A) - approval;
2306 Rockwood Avenue (J0403E) - reducing the assessment from a total
of $70 to a total of $35;
11 Rose Avenue East (J0403E) - reducing the assessment from a total of
$170 to a total assessment of $120;
1175 Ross Avenue (J0403E) - deleting the assessment;
1175 Ross Avenue (J0405A) - recommendation is forthcoming;
1230 Seventh Street West (J0405A) - approval;
424 Sherburne Avenue (J0403E) - approval;
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428 Sherburne Avenud (J0403E) - approval;
910 Westminster Street (J0405A) - approval;
977 Eleanor Avenue (J0403E) - deleting the assessment;
381 Case Avenue (J0403E) - recommendation is forthcoming;
600 Arlington Avenue East (J0403E) - laying over to the September 28 Legislative Hearings and the
October 6 City Council Hearings;
2071 Clear Avenue (J0403C) - deleting the assessment.)
66.Appeal of Leonard Anderson to a Vehicle Abatement Order for property at 559 South McKnight
Road. (Legislative Hearing Officer recommends denying the appeal and changing the compliance date to
October 5, 2004)
67.Appeal of Robert Soutter to a Summary Abatement Order for property at 206 Cottage Avenue West.
(Legislative Hearing Officer recommends denying the appeal)
68.Public hearing to consider the application of Allen Hohenwald to rezone property from VP (P1)
(Parking) to R4 (One - Family Residential) to construct a single family home on the east side of Iroquois
Avenue, between Case and Stillwater Avenues.
69.Public hearing to consider the application of Twin Cities Habitat for Humanity to rezone property
from R2 (Single - family Residential) to RM1 (Multiple - family Residential) at 1526 Ames Avenue; SW
corner at Hazelwood Street.
70.Public hearing to consider the appeal of Tom Holman to a decision of the Board of Zoning Appeals
upholding the approval of a building permit to remodel the six unit apartment buildings at 95 -97
Langford Park.
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT PAUL, MINNESOTA
Wednesday, September 22, 2004
2:00 - 3:00 p.m.
City Council Chambers, Third Floor
Saint Paul City Hall
Jan Magnuson
(651) 266 -6604
AGENDA
ROLL CALL
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CONSENT AGENDA
1.2004 Budget Amendment to Transfer Capital Project Account Balances to Debt Service Accounts for
Four TIF Districts and Increase Spending in HRA General Fund for Property Maintenance and Debt
Service, Citywide.
PUBLIC HEARINGS
2.Authorization to Acquire Vacant Land Northeast of 693 Cherry Street and Subsequently Execute the
Sale of Parcel under Splinter Parcel Guidelines in Dayton's Bluff, District 4.
3.Authorization to Convey Parcel 190 Concord Street in West Side, District 3.
4.Approval to Accept Conveyance of Parcel at Eagle and Exchange Streets and Public Hearing regarding
Approval of Development Agreement with PZA II, LLC as Developer and Authorization to Convey the
Eagle /Exchange Street Parcel to PZA II, LLC, in Irvine Park, District 9.
DISCUSSION
5.Authorization to Schedule a Public Hearing for Sale of 1570 -1590 White Bear Avenue (Hafner's Site)
and Enter into a Development Agreement with Timbercraft Enterprises, Inc., in the Hillcrest
Redevelopment Area in Greater East Side, District 2.
6.Resolution Approving Letter of Intent to Assist Metropolitan Council to Lease 390 North Robert
Building and Direct Staff to work on a Financing Lease, and Acquisition of the Property from the State of
Minnesota, District 17.
7.Acceptance of the Hamm Brewery Reuse Study and Vision Plan final report, dated July, 2004, from the
Hamm Ad Hoc Advisory Group and the Hamm Project Team, District 4.
8.Resolution Approving Amended and Restated Tax Increment Financing Plan for Saint Paul
Neighborhood Scattered Site Tax Increment Financing District No. IA, Citywide.
Companion item on City Council agenda; cannot act until City Council public hearing is held.
STAFF REPORTS
ADJOURNMENT
Council Meeting Information
Website:
For an updated copy of the City Council Meeting agendas or minutes, please visit our Website at
http: / /www. ci. stpaul. inn. us /council.
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Cable:
The City Council and Housing and Redevelopment Authority (HRA) Meetings are cablecasted live on
Channel 18 and repeated on Thursdays at 7: 00 p. m., Saturdays at 12:30 p. m., and Sundays at 1: 00 p. m.
(Subject to change). Also, the City Council and HRA Agendas are cablecasted on Saturdays at 8:00 a.m.
and 7:30 p. m., Sundays at 5:30 p. m., Mondays at 8: 00 a. m. 1: 30 p. m., and 5:30 p. m.; Tuesdays at 8: 00
a. m., and 5:30 p.m.; and Wednesdays at 8:00 a. m. and 1:30 p.m.
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