Minutes 2-12-2003Page 1 of 11
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, February 12, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651- 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
Present - 5 - Benanav, Bostrom, Coleman, Harris, Reiter
Absent - 2 - Blakey, Lantry (Both excused)
CONSENT AGENDA (Items I - 28)
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 COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Chestnut & Cambronne Attorneys (for client, Michael Rewey), Kiernan Personal Injury
Attorneys, P.A. (for client, James Hennessy), The Loan Store, Qwest Services Corporation (Accident
Date: 10/16/02), John T. Richardson, Attorney (for client Mary Jean Jacobowski), Ole Savior, Goitom
Tedla, and Claudette Walsh.
Referred to the Risk Management Division
2. Communication from Moss & Barnett dated January 27, 2003, notifying that ServiSense.com, Inc.
has requested issuance of a Certificate of Authority from the Minnesota Public Utilities Commission to
provide local resale telecommunications service and local niche services in the local exchanges located
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in the seven county Minneapolis /St. Paul metropolitan area served by Qwest Corporation
3. Communication from District Energy Saint Paul dated January 24, 2003, requesting an extension of
the Term of the District Heating Development Company Franchise now dba District Energy Saint Paul,
Inc. (Requesting an amendment of Section 15 to provide that the Term be extended for an additional
thirty -one (3 1) years from January 1, 2003.)
4. Communication from District Cooling Saint Paul, Inc. dated January 24, 2003, requesting an
extension of the Term of the District Energy Services Franchise
now dba District Cooling Saint Paul, Inc. (Requesting an amendment of Section. 04 to provide that the
Term be extended for an additional twenty (20) years from January 1, 2003.)
5. Notice of Motion and Motion of Respondent BMMS, LLC to Withdraw Monies on Deposit, Affidavit
of Mark A. Saliterman and (Proposed) Order Granting Respondent BMMS, LLC's Motion to Withdraw
Monies on Deposit in the matter of the Housing and Redevelopment Authority of the City of Saint Paul
vs. BMMS, LLC, et al.
Referred to the City Attorney's Office
6. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 893
DeSoto Street as nuisance property and setting date of Legislative Hearing for February 11, 2003, and
City Council Hearing for February 26, 2003.
7. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 298 Avon
Street North as nuisance property. (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
8. Administrative Orders
D002234 Authorizing an agreement with Target to pay expenses for refreshments, not to exceed $50.00,
for the Parks and Recreation Environmental Stewardship Meeting held on January 10, 2003.
D002235 Directing the proper City officials to execute an Addendum II to Lease Agreement LPA,
extending the term of the agreement through January 31, 2004. (Lowry Professional Building housing
the Office of Licenses, Inspection and Environmental Protection)
D002236 Amending the 1991 and 2001 Capital Improvements budgets in the Division of Parks and
Recreation by authorizing the use of the fund balance from the 1991 Citywide Tree Planting activity.
D002237 Authorizing payment to Mark Stillman in the amount of $200.00 for providing entertainment
for the 2003 Winter Carnival Minnesota Mayoral Reception.
D002238 Granting spending authority to the Division of Marketing and Promotions, not to exceed
$1,400.00, to aid in promoting the "Actor's Theater of MN" for supplies, materials and advertising.
D002239 Authorizing the Department of Fire and Safety Services to pay for stipend costs, not to exceed
$5,000.00, for teachers attending a training workshop on Risk Watch injury - prevention curriculum.
D002240 Authorizing the Department of Fire and Safety Services to pay for all costs, not to exceed
$3,600.00, to hold six teacher - training workshops for Risk Watch injury - prevention curriculum.
D002241 Approving a one -year extension of Lease Agreement LIB /2 to provide library services in the
West Seventh Community Center.
D002242 Authorizing City officials in the Division of Parks and Recreation to participate in Senior
Citizen events and classes where food is served as part of the activity.
D002243 Authorizing City officials in the Division of Parks and Recreation to participate in Adaptive
Recreation events, classes and activities where food is served.
Noted as on file in the City Clerk's Office
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FOR ACTION
9. Resolution - 03 -63 - Approving the Memorandums of Agreement between the City of Saint Paul and
AFSCME Local 2508 (Clerical), AFSCME Local 1842 (Technical), Professional Employees
Association, Inc., and Saint Paul Supervisors Organization to continue the administrative processes and
terms and conditions of employment created as a result of the Information Services Reorganization and
Job Family Modeling Project. (Laid over from February 5 for adoption)
Adopted Yeas - 5 Nays - 0
10. Resolution - 03 -139 - Memorializing City Council action taken December 18, 2003, denying the
appeal of Stephen Filing to a decision of the Board of Zoning Appeals granting two variances in order to
construct a 38 -unit apartment building with commercial space on the first floor at 755 Selby Avenue
(northwest corner of Selby and Grotto Streets).
Adopted Yeas - 5 Nays - 0
11. Resolution - 03 -140 - Approving the decision of the Legislative Hearing Officer on Letters of
Deficiency for 550 Summit Avenue and 1775 Grand Avenue, Apartment 306.
Adopted Yeas - 5 Nays - 0
12. Resolution - 03 -141 - Amending the 2003 budget to provide authority for payment to Ramsey
County for the RiverCentre Pedestrian Connection.
Adopted Yeas - 5 Nays - 0
13. Resolution - 03 -142 - Approving the purchase of Taxable Tax Increment Bonds (Spruce Tree Centre
Ramp Project), Series 1988A.
Laid over to February 19 Yeas - 5 Nays - 0
14. Resolution - 03 -143 - Accepting a $10,000.00 donation from the 3M Foundation, Inc. to be used to
help fund Capital City Education Initiative: Accountability and Access for World Class Schools and
amending the 2003 budget for the Mayor's Office reflecting this donation.
Adopted Yeas - 5 Nays - 0
15. Resolution - 03 -144 - Accepting six complimentary tickets from the Saint Paul Area Chamber of
Commerce for City staff to attend their 135th Annual Meeting and dinner on February 13, 2003, at Saint
Paul RiverCentre.
Adopted Yeas - 5 Nays - 0
16. Resolution - 03 -145 - Approving an agreement with "Support Our Schools" and the City of Saint
Paul for the transfer of services of Roger Barr as interim Education Director.
Adopted Yeas - 5 Nays - 0
17. Resolution - 03 -146 - Accepting a grant from the St. Paul Companies, Inc. Foundation for an
intensive Spanish language training program for police officers.
Adopted Yeas - 5 Nays - 0
18. Resolution - 03 -147 - Approving the application for a Game Room license by Joe Furth, dba Eclipse
Records, 1692 Grand Avenue. (Legislative Hearing Officer recommends approval with conditions.)
Adopted Yeas - 5 Nays - 0
19. Resolution - 03 -148 - Authorizing the Police Department to enter into an agreement with the State of
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Minnesota for the State to reimburse the City for responding to requests for ordnance disposal services,
training and equipment from January 1 through June 30, 2003.
Adopted Yeas - 5 Nays - 0
20. Resolution - 03 -149 - Authorizing the Police Department to inter into a multi - agency law
enforcement agreement with the Fergus Falls Police Department for participation in the Saint Paul
Police Department's Internet Crimes Against Children Task Force.
Adopted Yeas - 5 Nays - 0
21. Resolution - 03 -150 - Authorizing the Department of Fire and Safety Services
to accept a donation of $2,500.00 from TCF Bank Foundation for the 2003 Community Awards
Recognition Dinner held on February 27, 2003.
Adopted Yeas - 5 Nays - 0
22. Resolution - 03 -151 - Authorizing the Department of Fire and Safety Services
to enter into a mutual aid agreement with Hennepin County Medical Center Ambulance Service to
continue to provide ambulance assistance when needed.
Adopted Yeas - 5 Nays - 0
23. Resolution - 03 -152 - Approving an agreement between the City of Saint Paul, Ramsey County and
the Saint Paul Board of Water Commissioners for telephone services at the Water Treatment Plant.
Adopted Yeas - 5 Nays - 0
24. Resolution - 03 -153 - Authorizing the Office of Marketing and Promotions to pay for costs, not to
exceed $10,000.00, associated with Cedar Exchange at Central Presbyterian Church.
Adopted Yeas - 4 Nays - 0 Abstention -1 (Coleman)
25. Resolution - 03 -154 - Amending Council File 02 -1116 (a resolution approving a moratorium for
purposes of studying land uses in the Sunray area) to the extent necessary to enable Target Corporation
to move forward with the site plan review and related building permit applications for their existing
store at 1744 Suburban Avenue.
Adopted Yeas - 5 Nays - 0
26. Resolution Approving Assessment - 03 -155 - In the matter of excessive police and nuisance
enforcement services for 812 Stewart Avenue for the month of October, 2002, and setting date of public
hearing for March 26, 2003. (File No. SPPD02A)
Adopted Yeas - 5 Nays - 0
27. Resolution Approving Assessment - 03 -156 - In the matter of the assessment of benefits, cost and
expenses for the Public Works Sanitary and /or Storm Sewer connections for part of July, 2002 to part of
January, 2003, and setting date of public hearing for March 26, 2003.
Adopted Yeas - 5 Nays - 0
28. Resolution Approving Assessment - 03 -157 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for part of July, 2002 and to part of December,
2002 (J0207A2), towing of abandoned vehicles from private property for part of July, 2002 and all of
September, 2002 (J0206V) and setting date of public hearing for March 26, 2003.
Adopted Yeas - 5 Nays - 0
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FOR DISCUSSION
29. Report from Chief Finney, Saint Paul Police Department, regarding the interruption of 911 telephone
service on February 6, 2003.
A report was presented by Chief William Finney and Deputy Chief Richard Gardell, Saint Paul
Police Department.
30. Report from the Office of Human Resources and Council Research on how many people nationwide
would qualify for the Fire Chief position based on the 2003 Fire Chief minimum qualifications.
A report was presented by Angie Nalezny, Director, Office of Human Resources.
31. Resolution - 02 -1095 - Ordering the owner to remove or repair the building at 695 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from January 22)
Laid over to February 19 Yeas - 5 Nays - 0
32. Consideration of the appeals of David Dorris, Charles and Carolyn Dorris, Louis Stanfield and
Jennifer Dorris to a decision of the Heritage Preservation Commission denying a building permit to
convert an auto garage to a residence at 1575 Summit Avenue (Summit Avenue West Historic District).
(Public hearing held and laid over from January 22; also referred back to the Heritage Preservation
Commission for design review)
Laid over to February 19 Yeas - 5 Nays - 0
33. Resolution - 03 -66 - Requesting the Mayor's Administration, through the Department of Planning
and Economic Development and the Saint Paul Port Authority, identify two sites within the City of Saint
Paul for inclusion into the tax- free zones and report back to the City Council at its February 12, 2003,
meeting and also requesting that the City of Saint Paul modify its Legislative Agenda and actively lobby
the Saint Paul Delegation and the Legislature for inclusion of these two sites in the Governor's economic
stimulus package as tax -free zones. (Laid over from February 5)
Laid over to February 19 Yeas - 5 Nays - 0
34. Resolution - 03 -56 - Approving the petition of the City of Saint Paul to vacate Norpac Road and
dispose of the City's interest of excess property to be used for the Troutbrook Project at the Trillium
Site. (Laid over from February 5)
Laid over to February 19 Yeas - 5 Nays - 0
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
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
35. Final Adoption 03 -33 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase the fees charged for various permits.
Adopted Yeas - 5 Nays - 0
36. Second Reading - 03 -99 - An ordinance establishing the minimum qualifications for the vacancy for
the position of Fire Chief pursuant to the provisions of Section 9.01 (a) of the Administrative Code and
Section 12.12.1 of the Saint Paul City Charter.
Laid over to February 26 for third reading /public hearing
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37. Second Reading - 03 -100 - An ordinance establishing an Examining Committee for the position of
Fire Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter.
Laid over to February 26 for third reading /public hearing
38. Second Reading - 03 -101 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
approving the rezoning of 1825 Suburban Avenue from B -2 (Community Business) to B -3 (General
Business) to allow a fast food restaurant with a drive - through lane. (Public hearing held January 8,
2003)
Laid over to February 19 for third reading
39. Second Reading - 03 -102 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
deleting certain licenses no longer enforced by the City of Saint Paul and reflecting new license fees for
tanning parlors, massage centers, therapeutic massage practitioners, sidewalk cafes, animal permits, dog
licenses and boarding fees.
Laid over to February 26 for third reading /public hearing
40. Second Reading - 03 -103 - An ordinance amending Chapter 127 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with designations to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
41. Second Reading - 03 -104 - An ordinance amending Chapter 320 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
42. Second Reading - 03 -105 - An ordinance amending Chapter 326 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
43. Second Reading - 03 -106 - An ordinance amending Chapter 332 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
scheduled contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
44. Second Reading - 03 -107 - An ordinance amending Chapter 333 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
45. Second Reading - 03 -108 - An ordinance amending Chapter 334 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
46. Second Reading - 03 -109 - An ordinance amending Chapter 338 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
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Laid over to February 26 for third reading /public hearing
47. Second Reading - 03 -110 - An ordinance amending Chapter 340 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
48. Second Reading - 03 -111 - An ordinance amending Chapter 342 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
49. Second Reading - 03 -112 - An ordinance amending Chapter 350 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
50. Second Reading - 03 -113 - An ordinance amending Chapter 351 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
51. Second Reading - 03 -114 - An ordinance amending Chapter 352 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
52. Second Reading - 03 -115 - An ordinance amending Chapter 356 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
53. Second Reading - 03 -116 - An ordinance amending Chapter 361 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
54. Second Reading - 03 -117 - An ordinance amending Chapter 365 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
55. Second Reading - 03 -118 - An ordinance amending Chapter 368 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
56. Second Reading - 03 -119 - An ordinance amending Chapter 369 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
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Laid over to February 26 for third reading /public hearing
57. Second Reading - 03 -120 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
58. Second Reading - 03 -121 - An ordinance amending Chapter 371 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
59. Second Reading - 03 -122 - An ordinance amending Chapter 372 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
60. Second Reading - 03 -123 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
61. Second Reading - 03 -124 - An ordinance amending Chapter 391 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
62. Second Reading - 03 -125 - An ordinance amending Chapter 403 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
63. Second Reading - 03 -126 - An ordinance amending Chapter 406 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
64. Second Reading - 03 -127 - An ordinance amending Chapter 407 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
65. Second Reading - 03 -128 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
66. Second Reading - 03 -129 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
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Laid over to February 26 for third reading /public hearing
67. Second Reading - 03 -130 - An ordinance amending Chapter 413 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
68. Second Reading - 03 -131 - An ordinance amending Chapter 416 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Laid over to February 26 for third reading /public hearing
69. Second Reading - 03 -138 - An amending ordinance to Council File No. 01 -648, adopted July 18,
2001, which established an interim ordinance of limited duration regulating land use and official
controls in the area of the City commonly known as the Arcade Street area.
Laid over to February 26 for third reading /public hearing
70. First Reading - 03 -158 - An amending ordinance to Council File 02 -1116, adopted December 26,
2002, which established an interim ordinance of limited duration regulating land use and official
controls in the area of the City commonly known as the Sunray Area.
Laid over to February 19 for second reading
71. First Reading - 03 -159 - An ordinance finalizing City Council action granting the application of
Virginia Simek to rezone property from R -3 (One - Family Residential) to RM -2 (Multiple - Family
Residential) for construction of six townhouses at 965 St. Paul Avenue. (Public hearing held November
6, 2002)
Laid over to February 19 for second reading
72. First Reading - 03 -160 - An ordinance finalizing City Council action granting the application of
Lawrence Walker to rezone property at 896 and the easterly portion of 904 Marshall Avenue from RT -1
(Two - Family Residential) to RT -2 (Townhouse Residential) to allow a four -plex to be moved to this
location. (Public hearing held December 4, 2002)
Laid over to February 19 for second reading
73. First Reading - 03 -161 - An ordinance finalizing City Council action approving the application of
Royal Crest Properties, Inc. to rezone property from R -4 (One - Family Residential) to RM -1 (Multiple -
Family Residential) to construct two four -unit townhouse structures (8 units total) at the southeast
corner of Cottage Avenue and Farrington Street. (Public hearing held December 18, 2002)
Laid over to February 19 for second reading
Susbension Items
Resolution - 03 -162 - Approving the decision of the Legislative Hearing Officer on the Correction
Notice Appeal for 118 Litchfield Street.
Adopted Yeas - 5 Nays - 0
Resolution - 03 -163 - Recognizing and honoring Elizabeth Arendt on her fiftieth birthday and her
extraordinary commitment to the community and declaring February 18, 2003, as Dr. Elizabeth Arendt
Day in the great City of Saint Paul.
Adopted Yeas - 5 Nays - 0
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Council Meeting Information
Website
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
www.ci.stpaul.mn.us /council.
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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