Minutes 3-26-2003Page 1 of 11
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 26, 2003 - 3:30 p.m.
PUBLIC HEARINGS - 5:30 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
• Public Hearings
• Miscellaneous
• Suspension Items
Present - 5 - Blakey, Bostrom, Coleman, Harris, Lantry
Absent - 2 - Benanav, Reiter (both excused)
CONSENT AGENDA (Items I - 27)
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 Aaron Auzins, Thomas Boyd, Griffel & Dorshow, Attorneys at Law (for client Timothy
Bowie), Karla Hornisch, Isaac and Tammi Matthews, Emily Meinke, Robert Peterson, Kathryn Rydzik,
Donna Sawyer, Stephanie Stimac, and Voss & Hickman, Attorneys at Law (for clients Laura Yang, a
minor, by and through her parent and natural guardian, Meng Yang and the Yang Family).
Referred to the Risk Management Division
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2. Notice of Filing of Deposit for Parcel 2 In The Matter of the Housing and Redevelopment Authority
of the City of Saint Paul v. BMMS, LLC, the City of Saint Paul, et. al. In the mater of the condemnation
of real property for the Hillcrest Village Redevelopment Project.
Referred to the City Attorney's Office
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on April 2, 2003, to consider the appeal of Mark Voerding, James Hirsh,
Thomas Darling, William and Althea Sell, et. al, to a decision of the Saint Paul Planning Commission
approving a conditional use permit, with variances, for a carriage house at 449 Portland Avenue.
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on April 2, 2003, to consider the
application of Northern States Power Company, dba Xcel Energy, for a combined plat to create an outlet
for a new rail spur.
5. Administrative Orders:
D002256 Amending the 2002 budget of the Property Code Enforcement Fund to cover year -end
variances.
D002257 Amending the 2002 budget of the Police Department reflecting the actual expenditures for
each activity in the Special Revenue Fund 436.
D002258 Amending the 2002 General Fund budget for the Department of Libraries to cover negative
balances in major object codes.
D002259 Amending the 2002 Library Aids and Grants Fund for the Department of Libraries to cover
negative balances in major object codes.
Noted as on file in the City Clerk's Office
FOR ACTION
6. Approval of minutes of March 5, 2003, March 12, 2003, March 19, 2003, and Closed Door Session of
March 12, 2003.
Adopted Yeas - 5 Nays - 0
7. Resolution - 03 -274 - Approving the Memorandum of Understanding between the City of Saint Paul
and the Saint Paul Supervisors Organization. (To be laid over one week for adoption)
Laid over to April 2
8. Resolution - 03 -275 - Approving the Memorandum of Understanding between the City of Saint Paul
and the Saint Paul Supervisory Association of the International Association of Fire Fighters, Local 3939.
(To be laid over one week for adoption) Laid over to April 2
9. Resolution - 03 -276 - Approving the Memorandum of Understanding between the City of Saint Paul
and Tri- Council Local 120, Local 49 and Local 132. (To be laid over one week for adoption)
Laid over to April 2
10. Resolution - 03 -277 - Approving the Employment Agreements between Independent School District
No. 625 and International Union of Operating Engineers, Local No. 70, Exclusive Representative for
Custodians; Minnesota School Employees Association, representing Classified Confidential Employees
Association and School Service Employees, Local 284, exclusive representative for Cook Managers.
(To be laid over one week for adoption)
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Laid over to April 2
11. Resolution - 03 -278 - Accepting a $5,000.00 donation from the McKnight Foundation for expenses
towards "City Lights," which decorate downtown Saint Paul and amending the 2003 budget to reflect
this donation.
Adopted Yeas - 5 Nays - 0
12. Resolution - 03 -279 - Entering into a Broadcast Agreement with Twin Cities Public Television to
broadcast a video produced by the Office of Cable Communications entitled: "Library: A Workshop for
the Future."
Adopted Yeas - 5 Nays - 0
13. Resolution - 03 -280 - Concerning adverse action against the Auto Repair Garage License application
submitted by Neng Yang, dba YRP Technology, 1423 Rice Street.
Adopted Yeas - 5 Nays - 0
14. Resolution - 03 -281 - Concerning adverse action against the Taxicab Driver License application
submitted by Darryle Watts.
Adopted Yeas - 5 Nays - 0
15. Resolution - 03 -282 - Concerning adverse action against the Taxicab Vehicle License held by
American Taxicab Service Corporation, dba Americab for Vehicle 4123.
Withdrawn Yeas - 5 Nays - 0
16. Resolution - 03 -283 - Concerning adverse action against the Taxicab Vehicle License held by
American Taxicab Service Corporation, dba Americab for Vehicle 431.
Withdrawn Yeas - 5 Nays - 0
17. Resolution - 03 -284 - Concerning adverse action against the Taxicab Driver License application
submitted by Chris Munger.
Adopted Yeas - 5 Nays - 0
18. Resolution - 03 -285 - Approving Hamline American Legion Baseball Corporation to the 10% Club
list of eligible recipients for 2003.
Adopted Yeas - 5 Nays - 0
19. Resolution - 03 -286 - Authorizing the Deputy Mayor and the City Engineer to enter into an
agreement with the Minnesota Department of Transportation which prescribes terms and conditions of
federal aid participation on City of Saint Paul transportation related projects.
Adopted Yeas - 5 Nays - 0
20. Resolution - 03 -287 - Approving the Management Agreement with Environmental Wood Supply
(District Energy) for the management and operation of the Pig's Eye Wood Recycling Center for a
period of twenty years.
Adopted Yeas - 5 Nays - 0
21. Resolution - 03 -288 - Authorizing the proper City officials to apply for and, upon approval of the
application, enter into an agreement with the Minnesota Department of Natural Resources, Outdoor
Recreation Grant Program, for the Highland Park Picnic Area Renovation project.
Adopted Yeas - 5 Nays - 0
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22. Resolution - 03 -289 - Authorizing the proper City officials to apply for and, upon approval of the
application, enter into an agreement with the Minnesota Department of Natural Resources, Outdoor
Recreation Grant Program, for the Homecroft Recreation Center Play Area and Site Work project which
will provide for the construction of a new play area and related site work including safety surfacing, site
furnishings, and landscaping.
Adopted Yeas - 5 Nays - 0
23. Resolution - 03 -290 - Authorizing the proper City officials to apply for and, upon approval of the
application, enter into an agreement with the Minnesota Department of Natural Resources, Outdoor
Recreation Grant Program, for the Jimmy Lee Recreation Center Play Area and Site Development
project which will provide for site development work including installation of a new tot lot, tennis
courts, basketball court, lighting, landscaping and other amenities.
Adopted Yeas - 5 Nays - 0
24. Resolution - 03 -291 - Authorizing the proper City officials to apply for and, upon approval of the
application, enter into an agreement with the Minnesota Department of Natural Resources, Outdoor
Recreation Grant Program, for the North Dale Recreation Center Play Area and Site Work project which
will provide for site development work following building construction, including a children's play area,
parking, lighting, court areas, fencing and landscaping.
Adopted Yeas - 5 Nays - 0
25. Resolution - 03 -292 - Authorizing the Saint Paul Saints Northern League Baseball Team to use the
Division of Parks and Recreation license to sell 3.2 beer at the Midway Stadium in 2003.
Adopted Yeas - 5 Nays - 0
26. Resolution - 03 -293 - Entering into an agreement with 1930 EPD corporation to use part of their
parking lot area for parking for Saint Paul Saints home games and stadium events in 2003 and
defending, indemnifying and holding harmless 1930 EPD Corporation for the use of their lot.
Adopted Yeas - 5 Nays - 0
27. Resolution - 03 -294 - Establishing a 2003 financing and spending plan for the reimbursement
received from Metropolitan State University for their students who are in the Saint Paul Police
Department's Law Enforcement Certificate Program.
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
28. Resolution - 03 -242 - Approving the appointments, by Mayor Kelly, of Anthony Coletta and Dan
Scott, and the reappointments of Matt Anfang, Carole Murphy Faricy, Richard Kramer, and Christine
Zimmer Lonetti to the Planning Commission. (Laid over from March 12) (A report was requested
from the Administration pertaining to term limits for Planning Commission appointments and
geographic diversity. Also, an opinion was requested from the City Attorney on this issue.)
Laid over to September 24 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
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CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
29. Final Adoption - 03 -241 - Adopting the revised floodplain regulations and zoning maps for all
property in the City of Saint Paul located within the floodplain.
Adopted Yeas - 5 Nays - 0
30. First Reading - 03 -295 - An ordinance to rezone property at 1173, 1177 and 1183 Arkwright Street
from R -4 Single Family Residential to B -3 General Business. (Public hearing held March 5)
Laid over to April 2 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
31. Third Reading - 03 -234 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Irvine Avenue hillside in the zoning
map, in off - street parking standards, and hillside design standards.
Laid over to April 2 for final adoption
32. Third Reading - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to citywide zoning regulations for development on steep slopes.
Laid over to April 2 for final adoption
33. Third Reading - 03 -257 - An ordinance amending the interim ordinance adopted in Council File No.
01 -648 (The Arcade Street Study) by extending the terms of the interim ordinance established therein
for an additional six months as authorized in Minn. Stat. § 462.357, Subd. 4.
Laid over to April 2 for final adoption
34. Third Reading - 03 -258 - An ordinance creating a separate library agency and establishing its duties,
powers and composition. (Substitute introduced on March 19)
Laid over to April 2 for final adoption
35. Resolution - 03 -296 - Adopting the Saint Paul Downtown Development Strategy as a Chapter of the
Saint Paul Comprehensive Plan.
Adopted (Downtown Strategy Plan amended) Yeas - 5 Nays - 0
36. Resolution - 03 -297 - Approving a Single Family Housing Program to be financed by the issuance of
single family mortgage revenue bonds and mortgage credit certificates.
Adopted Yeas - 5 Nays - 0
37. Resolution - 03 -298 - Authorizing the Housing and Redevelopment Authority to issue up to
$3,000,000 in Tax Exempt Housing Revenue Bonds from Entitlement Bonding Authority for Selby
Grotto Limited Partnership (aka Selby Area CDC and Legacy Management) for the development of 40
rental housing units located on Selby Avenue between the streets of Grotto and Avon.
Adopted Yeas - 5 Nays - 0
38. Resolution - 03 -299 - Approving the application of Molly E. Skinner, owner of Skinner's Pub, to
allow live band music in an outdoor tent at Skinner's Pub, 919 Randolph Avenue, on May 31, 2003,
from 12:00 noon to 10:00 p.m.
Adopted Yeas - 5 Nays - 0
39. Resolution - 03 -300 - Concerning adverse action against the licenses held by Minnehaha Tavern,
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Inc., dba Minnehaha Tavern, 735 White Bear Avenue.
Adopted Yeas - 4 Nays -1 (Harris)
40. Resolution - 03 -134 - Ordering the owner to remove or repair the building at 733 Charles Avenue
within fifteen (15) days from adoption of resolution. (Laid over from February 26) (Legislative Hearing
Officer recommends laying over to the March 25, 2003, Legislative Hearing and the April 2, 2003,
City Council Meeting).
Laid over to April 23 Yeas - 5 Nays - 0
41. Resolution - 03 -208 - Ordering the owner to remove or repair the building at 893 DeSoto Street
within fifteen (15) days from adoption of resolution. (Laid over from February 26) (Legislative Hearing
Officer recommends that the following be completed by noon on February 26, 2003: vacant
building fee be paid, real estate taxes paid, provide a work plan indicating how all the items on the
code compliance report will be completed and include evidence of financial ability to complete
them.)
Adopted as amended (remove or repair within 180 days)
Yeas - 5 Nays - 0
42. Resolution - 03 -301 - Ordering the owner to remove or repair the building at 20 Sycamore Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to complete the rehabilitation of the property.)
Laid over to April 2 Yeas - 5 Nays - 0
43. Resolution Ratifying Assessment - 03 -302 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) for property at 2021 California Avenue East
(J0207AIAA); towing of abandoned vehicles from private properties at 115 Sycamore Street East and
123 Geranium Avenue East (J0205VVV); and towing of abandoned vehicles from private property at
2168 Minnehaha Avenue East (J0205VVV (Laid over from March 5) (Legislative Hearing Officer
recommends approval of the assessments.)
Adopted Yeas - 5 Nays - 0
44. Resolution Ratifying Assessment - 03 -303 - In the matter of the assessment of benefits, cost and
expenses for demolition of a building located at 1000 Reaney Avenue (J0204CC). (Laid over from
March 5) (Legislative Hearing Officer recommends approval of the assessment.)
Adopted Yeas - 5 Nays - 0
45. Resolution Ratifying Assessment - 03 -304 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) for property located at 2168 Minnehaha Avenue
East (J0207AAAAA) (Laid over from February 26) (Legislative Hearing Officer recommends
approval of the assessment.)
Adopted Yeas - 5 Nays - 0
46. Resolution Ratifying Assessment - 03 -305 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for properties located at 712 Hawthorne and 627
Palace (J0207AIA) (Laid over from March 5) (Legislative Hearing Officer recommends the
following:
712 Hawthorne Avenue East - laying over to the May 13, 2003, Legislative Hearing and the May
28, 2003, City Council Meeting
627 Palace Avenue - approval of the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 5 Nays -
0
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47. Resolution Ratifying Assessment - 03 -306 - 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). (Legislative Hearing Officer recommends approval, including the
following:
728 White Bear Avenue North (J0207A2) - delete the assessment
790 Selby Avenue � �Q0206V) - delete the assessment
1076 Maryland Avenue East (J0207A2
J_ - laying over to the March 25, 2003, Legislative Hearing
and the April 2, 2003, City Council Meeting
665 Magnolia Avenue East � �Q0207A2) - delete the assessment
657 Lawson Avenue East (J0207A2 )- - laying over to the April 8, 2003, Legislative Hearing and the
April 23, 2003, City Council Meeting
1111 Bush Avenue (J0207A2) - approval of the assessment
1039 Earl Street (J0207A2
J_ - approval of the assessment
1075 Front Avenue (J0207A2) - approval of the assessment
489 Hatch Avenue (J0207A2 - approval of the assessment
0 Lightner Place (J0207A2y approval of the assessment
598 Maryland Avenue East (J0207A2 - reducing the assessment from $195.00 to $75.00 plus the
$45.00 administrative fee for a total assessment of $120.00
1066 Reaney Avenue (J0207A2) - approval of the assessment
925 Woodbridge Street (J0207A2 - (two assessments) - approval of both assessments
939 Woodbridge Street (J0207A2) - approval of the assessment
1130 Abell Street (J0206V)� approyal of the assessm - lay over to the April 8, 2003, Legislative
Hearing and the April 23, 2003, City Council Meeting
775 Ashland Avenue (J0206V) - approval of the assessment
946 Caroll Avenue (J0206VY deleting the assessment
77 Front Avenue (J0206V)� approval of the assessment
1587 Hudson Road (J0206V)� approval of the assessment
791 York Avenue (J0206V)� approval of the assessment
819 Johnson Parkway Q0207A2) - laying over to the March 25, 2003, Legislative Hearing and the
April 2, 2003, City Council Meeting
482 Lawson Avenue West (J0207A2)�_ delete the assessment
Adopted as amended Yeas - 5 Nays - 0
48. Resolution Ratifying Assessment - 03 -307 - In the matter of the assessment of benefits, cost and
expenses for the improvement of Sibley Street, from Warner Road to Fifth Street, with concrete curb,
new concrete block surfaced roadway, concrete block sidewalks, concrete driveway aprons, tree
planting, an irrigation system, sewer service connections and reconnections, and reconstruction of globe
lighting systems. (File No. 18905)
Adopted Yeas - 4 Nays - 0 (Coleman not present for vote)
49. Resolution Ratifying Assessment - 03 -308 - 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. (File No. SWRREPAIR)
Adopted Yeas - 4 Nays - 0 (Coleman not present for vote)
50. Resolution Ratifying Assessment - 03 -309 - In the matter of excessive police and nuisance
enforcement services for 812 Stewart Avenue for the month of October, 2002. (File No. SPPD02A)
Adopted Yeas - 4 Nays - 0 (Coleman not present for vote)
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51. Amended Final Order - 03 -3 10 - Deleting Roblyn Avenue from Dewey Street to Fairview Avenue.
(File No. 18957)
Laid over to April 2 Yeas - 5 Nays - 0
52. Final Order - 03 -311 - In the matter of constructing a pedestrian and bicycle trail which will link the
existing Bruce Vento Trail to Indian Mounds Park via Commercial Street and to Lowertown via Fourth
and Prince Streets, and doing all other work necessary to complete said improvements including
acquiring the necessary right -of -way and easements. (File No. AE2002 -05)
Laid over to April 23 Yeas - 5 Nays - 0
53. Final Order - 03 -312 - In the matter of improving the alley in St. Clair and Short Line Addition, Plat
2, Block 4 by grading and paving with bituminous material (bounded by Osceola (vacated), Fairmount,
Railroad and Dunlap). (File No. 18975)
Adopted Yeas - 5 Nays - 0
54. Final Order in Condemnation Proceedings - 03 -313 - In the matter of condemning and taking
easements in the land necessary for slopes cuts and fills, etc. occasioned by excavations thereof or
construction of slopes in the grading and paving of an alley in St. Clair and Short Line Addition, Plat 2,
Block 4 (bounded by Osceola (vacated), Fairmount, Railroad and Dunlap). (File No. 189755)
Adopted Yeas - 5 Nays - 0
55. Final Order - 03 -314 - In the matter of improving Barclay Street from Case Avenue north to the
railroad right -of -way with new asphalt and all other work necessary to complete said improvements as
part of the Barclay Street Paving project. (File No. 18977)
Adopted Yeas - 5 Nays - 0
56. Final Order - 03 -315 - In the matter of improving the alley in Smedley's Addition, Block 1 by
grading and paving with bituminous material (bounded by Curtice, Sidney, Brown, and Andrew). (File
No. 18978)
Adopted Yeas - 5 Nays - 0
57. Final Order in Condemnation Proceedings - 03 -316 - In the matter of condemning and taking
easements in the land necessary for slopes, cuts and fills in the grading and paving of the alley in
Smedley's Addition, Block 1 (bounded by Curtice, Sidney, Brown, and Andrew). (File No. 189785)
Adopted Yeas - 4 Nays - 0 (Lantry not present for vote)
58. Final Order in Condemnation Proceedings - 03 -317 - In the matter of acquiring permanent easements
for right -of -way purposes and temporary construction easements to improve White Bear Avenue from
Hoyt Avenue to Larpenteur Avenue. (File No. AE2003 -1)
Laid over to April 2 Yeas - 4 Nays - 0 (Coleman not present for vote)
59. Public hearing to consider the appeal of District 2 Community Council to a decision of the Saint
Paul Planning Commission upholding a billboard repair permit issued by the Office of License,
Inspections and Environmental Protection and denying the request of two district councils to revoke the
repair permit for replacement of sign face panels and stringers on four rooftop billboards at 1680 White
Bear Avenue (SE corner of Larpenteur Avenue). (Laid over from March 5)
Laid over to April 23 Yeas - 4 Nays - 0 (Lantry not present for vote)
60. Public hearing to consider the appeal of Macalester- Groveland Community Council to a decision of
the Saint Paul Planning Commission upholding a billboard repair permit issued by the Office of License,
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Inspections and Environmental Protection and denying the request of two district councils to revoke the
repair permit for replacement of sign face panels and stringers on a rooftop billboard at 1278 Grand
Avenue (SE corner of Syndicate Street). (Laid over from March 5)
Laid over to April 23 Yeas - 4 Nays - 0 (Lantry not present for vote)
61. Public hearing to consider the appeal of Donald Martin to a decision of the Board of Zoning Appeals
denying a variance of the allowable height for an accessory structure in order to legalize an existing
garage at 957 Beech Street.
Motion of Intent - Appeal denied Yeas - 5 Nays - 0
62. Public hearing to consider the appeal of Russanne Low to a decision of the Board of Zoning Appeals
granting a side yard setback variance in order to construct a 3.5 by 10 foot addition to the east side of the
house at 1280 Keston Street.
Laid over to May 28 for continuation of public hearing Yeas - 5 Nays - 0
63. Public hearing to consider the application of Benjamin Commons Assoc. to rezone the northern
41.33 42.33 feet of the lot at 761 Selby Avenue from B -3 General Business to RT -2 Townhouse
Residential so it can be split off and attached to the Benjamin Commons Condominium property for
construction of a garage for the residents of Benjamin Commons Condominium.
Motion of Intent - Application granted (amended) Yeas - 5 Nays - 0
MISCELLANEOUS
64. Recognizing Tim Fuller, Saint Paul Fire Chief, on his retirement after 32 years of City service.
Fire Chief Timothy Fuller and EMS Chief Ed Hanson were both recognized on their retirement
from City service.
Susbension Items
Resolution - 03 -318 - Authorizing the proper City officials to enter into a written Agreement with the
State of Minnesota Department of Public Safety to allow the intra governmental transfer of Senior
Commander Timothy Leslie of the Saint Paul Police Department to perform the duties as the Assistant
Commissioner of the Department of Public Safety.
Adopted Yeas - 5 Nays - 0
Resolution - 03 -319 - Approving the decision of the Legislative Hearing Officer for property located at
422 Jessamine Avenue East.
Adopted Yeas - 5 Nays - 0
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.
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(Subject to change). Also, the City Council and HKA 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 S: 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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