HomeMy WebLinkAbout1992-08-04 Minutes numbered
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
August 4, 1992
Iowa City City Council, regular mtg" 7:30 p,m. at me Civic Center, Mayor Courtney presiding,
Councilmembers present: Ambrisco, Courtney, Horowitz, Kubby, Larson, Novick, Absent: McDonald,
Staffmembers present: Helling. Gentry, Karr. Fosse. Schoon. Franklin. Council minutes tape recorded on
Tape 92.72, Bom Sides. and 92.73. Side I.
Moved by Ambrisco, seconded by Horowitz, mat me following items and recommendations in me
Consent Calendar be received, or approved, and/or adopted as amended:
Approval of Official Council Actions of me special meetings of 7/6192 and 7114192, and
me regular meeting of 7n192. as published. subject to correction as recommended by me City
Clerk,
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Minutes of Boards and Commissions: Housing Comm, . 5/12192; Riverfront & Natural ;,~~~
Areas Comm. - 6117192; Civil Service Comm. .7/6192; Bd, of Adjustment -7/8192; P&R Comm, ",'III
- 7/8192; Historic Preservation Comm, . 619fl2; Airport Comm. - 6/16t'rf2, 719m; P&Z Comm. _ 1599
7/16192. I~ "0
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Pennit Motions: Approving a Class C Liquor License for Carlos O'Kelly's Inc. dba Carlos /t"o 'J..
O'Kelly's Mexican Cafe, 1411 S. Waterfront. Approving a Class B Beer Pennit for Pan Style l~o3
Pizza Corp. of Iowa, dba Rocky Rococo, 118 S. Dubuque St Approving a Class CLiquor License 11.0'/
for Senor Pablo's Lid., dba Senor Pablo's LId.. 830 1st Ave. Approving a Class E Beer Pennit l~o5
for American Drug Stores, Inc" dba Osco Drug Store, 201 S, Clinton. Approving a Class B Beer 1I,,0lr
Pennit for Regina FaIl Fun Festival dba Regina FaIl Fun Festival, 2150 Rochester Ave. Approving I ~t\"7
a temporary Outdoor Service Area for Regina FaIl Fun Festival dba Regina FaIl Fun Festival,
2150 Rochester Ave. RES, 92-211, Bk. 108, p.211, ISSUING A DANCING PERMIT. RES. 92-
212, Bk. 108. p,212, ISSUING CiGARE'ITE PERMIT, RES, 92.213, Bk. 108, p, 213, REFUND
CIGARE'ITE PERMIT,
Setting Public Hearings, Bk. 108: RES. 92-214, p. 214, SEITING PUBLIC HEARING. I In II
for 8/18192, ON PLANS, SPECIFICATIONS, FORM OF CONTRACf AND ESTIMATE OF
COST FOR CONSTRUCfION OF THE CHAUNCEY SWAN PARKING FACILITY PROJECT.
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECfION. RES. 92- I ~ I:J...
215, p, 215, SETTING PUBLIC HEARING, for 8/18192, ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT AND ESTIMATE OF COST OF CONSTRUCfION OF THE HIGHWAY 6
INTERSECTION IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING AND DIRECfING CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION. RES. 92.216, p. 216, SEITING PUBLIC HEARING for II. /3
8/18/92, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST
FOR THE EXECUTION OF THE NORTH DODGE WATER RESERVOIR REPAINT &
REPAIR PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING
AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECfION,
Motions: Approve disbursements in me amo~,,( of $11,311,928.40 for me period of.6/1 -1 ~ /4
Ulrough 6/30192, as recommended by me Fin, Dlr, subject to audit.
Resolutions. Bk. 108: RES. 92-217, p, 217. ACCEPTING THE WORK FOR THE FY91 I&, I~
LANDFILL EXPANSION PROJECT. RES, 92-218, p. 218, AUTHORIZING THE MAYOR TO i/"I/n
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A
PROMISSORY NOTE EXECUTED FOR PROPERTY LaCA TED AT 725 EAST DAVENPORT
STREET.
Correspondence: Letters regarding General Mills from the Mayors of the following cities: I ~ I 7
Lodi, California; Friendly, Minnesota; Newton County, Covington. Georgia; West Chicago,
Illinois; Buffalo, New York; Covington. Georgia; Albuquerque, New Mexico. Jim Calkins
objecting 10 proposed General Mills plant Nellie Kremenak regarding Heritage Cablevision,
Letters regarding extension of sewer on Foster Road from Bruce Glasgow and from Bud Louis.
P&R Comm, regarding parkland acquisition fund/Hotel-Motel Tax. Iowa DOT regarding pavement
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August 4, 1992
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planning projcct. Charles Eblc regarding proposal to vacatc Dubuquc Road, Lelters regarding the IIJ~ ~~
proposed pesticide ordinance from Jcan Martin. Evan Fales & Mary Eaglc, Thomas Mcntz ,b .. 5
regarding allcy betwecn Johnson and Dodgc Streets, Leonard Breka objecting to curbside recycling 1(" ;;ll^
program. Margery Hoppin regarding Sunday moming parldng for downtown churehcs. I {" :J7
Environmental Advocatcs regarding Hickory Hill Park. John and Allegra Dane regarding ten acres 110 ;;Iii
of land wcst of Willow Creek Park. Mcmoranda from Traffic Engineer regarding: Parking I In;l. '\
designation on the north side of thc 10 block of W. Bloomington St.; Stop sign on West Side Dr. it,~i"L
at Monnon Trek Blvd,; Stop sign installation on Cross Parli: Ave. at its intersection with Keokuk
St.; Stop sign installation on Cross Parli: Ave, at its intersection with Broadway St.; AIleration of IIs>33
parking prohibition in the 200 block of South Johnson St.; Parking designation on the north side II/^;~
of the 10 block ofW, Bloomington St.; Parli:ing prohibition in the lower three levels of the Capitol It :;/^
StteetRamp. .
Application for City Plaza Use Pennits: Billy Howell-Sinnard to set up table on City Plaza I in37
7/17, 7(24, 8/9, 8/14, to distribute literature regarding Baha'i Faith, approvcd, Latin American 11o?,\/
Human Rights Advocacy Centcr to set up a table on City Plaza 7/13-19, 7120-31, 8(J.-9, to
distribute literature and offer crafts for donations, approved. Maurecn Taylor to set up a table on I /,,~ 9
City Plaza 8/13-19, for voter registtation, approved, Dianctics Foundation to set up a tablc on City II" 1)0 ,
Plaza 7/13, 7/21, 7(26-29, to distributc infonnation. approved. Leighton Christiansen to set up a -1.!ilL- .
table on City Plaza 7/17,7124,7/30, 8m. 8129, to distribute literature about Intcrnational Socialist
Organization, approvcd.
Application for Use of Streets and Public Grounds: Racquet Master to usc public 110 4.:4
sidewalks during Sidewalk Salcs 7/16-20, approved. Islamic Society of Iowa City to use public ~
sidewafr.s for a parade on 7/17, approved.
Affinnative roll call vote unanimous, 6i\l, McDooald absent. The Mayor declared the motion carried and
repeated the public hearings as set.
Moved by Ambrisco, secooded by Horowitz, to set a public hearing for 8/18192, on an ordinance I {" 4 t/
amending OIapter 36, entitled "Zoning Ordinance" of the Code of Ordinances of Iowa City, Iowa, by
rescinding all regulations pertaining to the High Rise Multi.Family Residential Zone. The Mayor declared
thc motion carried unanimously, 6i\l, McDonald absent.
A public hearing was held on an ordinance amending OIaplcr 36, entitled "Zoning Ordinance" I ~ ~5
of the Code of Ordinances ofIowa City, Iowa, to pennit grain milling and processing as a provisional use
within the I-I, General Industrial Zone (General Mills). The following people appeared: PCD Director
Karin Franklin; Atty. OIarles Mullen, local counsel for General Mills; Lany Sawyer, Director of
Govemment Affairs for General Mills; John Balmer, Iowa City Chamber of Commerce President; Marty
Kelly, ICAD Director, Gail Keller, 51 Wakefield Ct.; Tom Alberllasky; and Jim Mittler. ,/
Moved by Ambrisco, seconded by Larson. that the ordinance amending OIapter 36, cntitled -11.:1~
"Zoning Ordinance" of the Code of Ordinances of Iowa City, Iowa, to pennit dry grain milling and
proccssing as a provisional usc within the I-I, Gcneral Industrial Zone (General Mills), be given first vote
for consideration. PCD Director Karin Franklin present for discussion. Individual Councilmembers
expressed their views, Affinnative roll call vote unanimous, 6i\l, McDonald absent. The Mayor declared
the motion carried. '
Moved by Ambrisco, seconded by Horowitz, to adopt RES. 92-219, Bk. 108, p. 219, ~
APPROVING THE PRELIMINARY AND FINAL PLATS OF WESTPORT PLAZA SUBDIVISION,
IOWA CITY, IOWA. Kubby stated her belief that it was an inappropriate development for tlle entrance
way to lhc City and would be voting against the resolution, The Mayor declarcd the resolution adopted,
5/1, witll the following division of roll call vote: Ayes: Larson, Novick, Ambrisco, Courtney, Horowitz.
Nays: Kubby. Abscnt: McDonald.
Moved by Ambrisco, seconded by Larson, to adopt RES. 92-220, Bk. 108, p. 220, APPROVING (("~'iI
THE PRELIMINARY PLAT OF PARK WEST SUBDIVISION, PART ONE. A SUBDIVISION OF
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JOHNSON COUNTY. (OW A. The fOllowing people appeared for discussion: Judy Pfohl. 2229 Aber
Ave.; Developers Gene Kroger and John Moreland; Lany SChnittjer, MMS Consultants; Pat Gingerich.
2035 Aber Ave,; Doug Jones. 2047 Aber Ave.; and City Engr. Rick Fosse. The Mayor declared the
resolution adopted, 4/2, with the following division of roll call vote: Ayes: Ambrisco, Courtney, Kubby,
Larson, Nays: Horowitz, Novick, Absent: McDonald,
Moved by Ambrisco, seconded by Horowitz, to accept a recommendation of the Planning & 1101 q _ .
Zoning Comm. concerning an application submitted to Johnson County by Pleasant Valley, Inc. to rezone
one acre of a 54.acre tract from Al to RS, as being consistent with the Uman Fringe Area Policy for Area
6, The Mayor declared the motion carried unanimously, 6/0. McDonald absent
Moved by Kubby, seconded by Horowitz, to defer indefinitely a public hearing and resolution II. 50
repealing the 1987 policies goveming participation in Housing Assistance programs administered by the
Iowa City Housing Authority and adopting the policy and procedure manual of the Iowa City Housing
Authority. The Mayor declared the motion carried unanimously, 610, McDonald absent.
The Mayor announced the following vacancies: Bd, of Appeals - one vacancy for an unexpired /1.,51
tenn ending 12/31193; Bd, of Eleclrical Examiners & Appeals - one vacancy for a journeymen electrician
for a four-year tenn ending 10126/96; CCN Comm. - three vacancies for three-year iemiS ending I i/li95;
Design Review CelOm. - one vacancy for an unexpired tenn ending 7/1/94; Mayor's Youth Employment
Bd. - one vacancy for a three-year tenn ending (1/4/95, These appointments will be made at the 9/15/92,
meeting of the City Council.
Councilmember Kubby requested a separate vote on the P&Z CelOm. appointment. Moved by
Larson, seconded by Ambrisco, to appoint Scott Reynolds, 112 N. Jolmson St., to the Airport Zoning Bd,
of Adjustment for a five year tenn ending 2126197: to appoint Lany Baker, 1217 Rochester Ave" to the
Bd, of Adjustment for an unexpired tenn ending 1/1/97; to appoint Ken Merker, 604 Iowa Ave., aM Clara
Swan. 928 N, Dodge, to the Design Review Comm, for three-year tenns ending 8/4/95; tOo appoint Sheila
Creth, 109 Grove St., to the Mayor's Youth Employment Bd. for a three-year tenn ending 8/4195. The
Mayor declared the motion carried unanimously, 6/0, McDonald absent. Moved by Larson, seconded by
Ambrisco, to appoint George Starr, 830 E. Davenport St, to the P&Z Comm. for an unexpired tenn 1& ~ b
ending 5/1/93. The Mayor declared the motion carried, 5/1, Kubby voting "no" and McDonald absent.
Couneilmember Horowitz noted the weather channel move to Channel 32 for the Olympics and I [Q I. I
commented on City staff's response to the change. Asst City Mgr. HeIling stated tllat a letter had been
written to Heritage Cablevision citing the violation of the franchise agreement and noting it would be
taken into account at renewal of the franchise. HeIling said that anyone wishing to comment regarding
cablevision may direct their letter to Drew Shaffer, Broadband Telecommunication Specialist. 410 E.
Washington SI. Larson referenced a similar situation in Des Moines stating that the newspaper stated
refunds were being offered. Horowitz commented on the curbside reeycling project and urged citizens
to continue in their efforts whether it Is at the drop.off sites or at their eums. Ambrisco eongratulaled the
City High baseball team. coaching slaff, and parents on their magnificent season, Larson noted that City
High had received a record setting four state championships Ulis past school year and requested an update
on the Issue of private land owners using city property for cattle grazing. The Asst. City Manager staled
that legal is researching the options and would report back 10 Council. Larson asked that the bus depot -l { nl.n t;
property be reviewed in an effort to make sure the city property is properly used and city taxpayers
properly compensated for it. Larson noted the parking prohibition passed earlier on the agenda regarding I (p (,. It,
200 South Johnson and asked that citizens living In the area be notified. City Engr. Fosse slated that the
Traffic Engr. will nolify each individUal whose property fronlS on that one block. Kubby nOled that the _Ilo & 7
footings had been poured and allowed to be overgrown with weeds at Capitol View Apartments, Part 2,
(Prentiss St.). and questioned the process of the already issued building pennit or whetller it would sit
Indefinllely, PCD Director Karin Franklin stated that progress has to be made or the pennlt would expire
automatically. Kubby requested an updale conceming the Bluffwood developmenl!Rochester Hills. PCD I iJ> w l?
Director Franklin staled that the Haddock House had not been purchased. In response to Kubby's question
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Council Activities
August 4, 1992
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Council Activities
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conceming remedial action l4ken after excess grading of the site, City Engr, Fosse stated the matter would
be discussed by the City's Public Works, Housing & Inspection SelVices and City Attorney depaI1ments'J ~ 1.00
Kubby requested a memo after the discussion. Mayor Courtney stated that the City would be enforcing, J.
a parking prohibition on the lower three levels of the Capitol Street ramp between 6 AM and 10 AM.
City Atty. Gentry staled she had received the draft of the lawn chemical ordinance from the law -lID 76
school, a meeting of staff would be scheduled to review the draft, and hopefully would be back on track
for mid-August discussion. She also announced arrival of new Asst City Ally. Marsha Bonnann. , I In 71
Moved by Larson. seconded by Novick, to adopt RES. 92-221, Bk. lOB, p. 221, REGARDING /1071.
BID FOR CONTRACt' FOR THE CONSTRUCTION OF THE LANDALL SCALE HOUSE PROJECt',
and rejecting the one bid received. City Engr. Rick Fosse present for discussion. Affinnative roll call vote
unanimous, 6/0, McDonald absent The Mayor declared the resolution adopted,
Moved by Larson, seconded by Ambrisco, to adopt RES. 92.222, Bk. lOB, p. 222, RESOLUTION I (q 7 3
NAMING A STREET JEMA COURT (fonnerly Willow Creek Court). Affinnative roll call vote
unanimous, 6/0, McDonald absent The Mayor declared the resolution adopted.
Moved by Larson. seconded by Novick, to adopt RES, 92,223, Bk. lOB, p. 223, APPROVING II" 7 ~
AN AGREEMENT WITH THE UNIVERSITY OF IOWA FOR USE OF THE MARKET STREET
RIGHT.OF. WAY IN CONJUNCI10N WITH THE NORTH CAPITOL STREET PATHWAY PROJECT.
Affinnative roll call vote unanimous, 6/0, McDonald absent The Mayor declared the resolution adopted.
Moved by Larson, seconded by Kubby, to defer to the 9/1 Council meeting, the resolution 110 7.5 -
authorizing staff to proceed with acquisition of property for a collector street between Rochester Avenue
and Hickory Hill Trail. PCD Director Karin Franklin present for discussion. The Mayor declared the
motion carried, 6/0, McDonald absent.
Moved by Kubby, seconded by Horowitz, to adopt RES, 92,224, Bk. 10&, p. 224, II.. 7 ft,
AUTHORIZING AND DIRECflNG THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST A LEASE OF CITY-OWNED PROPERTY AT 404 E, COLLEGE STREET PURSUANT TO
WHICH LEASE H & H PROPERTIES WILL LEASE SAID PROPERTY FOR A TERM OF FOUR
MONTHS (bus depot). Affinnative roll call vote unanimous. 6/0, McDonald absent The Mayor declared
the resolution adopted.
Moved by Ambrisco, seconded by Larson, 10 adopt RES. 92-225, Bk. lOB, p. 225, It.. 77
AUTHORIZING AND DIRECI1NG AUDITOR OF JOHNSON COUNTY, IOWA, TO PLACE THE
QUESTION OF INCREASING THE IMPOSITION OF A HOTEL.MOTEL TAX BEFORE THE
QUALIFIED ELECTORS OF lOW A CITY, lOW A, AT THE GENERAL ELECTION OF NOVEMBER
3, 1992. AS AMENDED. Affinnative roll call vote unanimous, 6J{l. McDonald absent The Mayor
declared the resolution adopted.
Moved by Larson, seconded by Horowitz, to adopt RES. 92.226, Bk. lOB, p. 226, RATIFYING I (n 7 2
THE SE'ITLEMENT OF PENDING LITIGATION (Jane Olson), in the amount of $30,000. Affinnative
roll call vole unanimous, Ml, McDonald absent The Mayor declared the resolution adopted.
Moved by Ambrisco. seconded by Horowitz. that the rule requiring ordinances to be voted on at I In 71
two Council meetings prior 10 the meeting at which it is to be finally passed be suspended, the first
consideration and vote be walved, and that the ordinance amending Section 32.1-63, entitled "Fces or
Charges Authorized in Chapter 23," of the Code of Ordinances of the City ofIowa City, Iowa, to increase
the penalty for illegally paJking in a handicapped parking space to an amount equal to the fine provided
by Chapter 321L, Code of Iowa, be given second vote for consideration, Affinnativc roll call vote
unanimous, 610, McDonald aOOcnt The Mayor declared the motion carried. Moved by Ambrisco, seconded
by Horowitz, that the ordinance be given second vote for consideration at litis time. Affinnative roll call
vote unanimous, 6/0, McDonald absent. The Mayor declared the motion carried.
Moved by Kubby, seconded by Novick, that ORD. 92.3545, Bk. 34, p. 28, AMENDING / (r ~ 0
CHAPTER 35, ENTITLED 'VEHICLES FOR HIRE," OF THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY . IOWA, TO PROVIDE FOR THE USE AND REGULATIONS OF PEDICABS,
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be passed and adopted at this time, Affirmative roll call vote unanimous, Ml, McDonald absent. The
Mayor declared the ordinance adopted,
Moved by Ambrisco, seconded by Horowitz, to adopt RES. 92-227, Bk. 108, p, 227, SE'ITING / (g8'1
FEES AND CHARGES WITH RESPECf TO THE ADMINISTRATION OF REGULATIONS OF
PEDICABS AND TAXICABS, AND RESCINDING PRIOR RESOLUTION NO, 92-23. Affirmative roll
call vote unanimous, 6/0, McDonald absent. The Mayor declared the resolution adopted.
Moved by Ambrisco, seconded by Horowitz, to adjoum 9:55 p,m. The Mayor declared the motion
canied, 6/0, McDonald absent.
DARREL G. COURTNEY, MAYOR
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MARIAN K. KARR, CITY CLERK
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City of Iowa City
MEMORANDUM
DATE: July 17, 1992
TO: City Council
FROM: City Manager
RE: Material Sent to Council Only
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Copy of letter from Mayor Courtney to the Director of the University / l,g;Z
of Iowa School of Social Work.
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Memoranda from the City Manager:
a. Landfill Financial Assurance
b. Landfill Remediation - Update
c. Vacation
Memorandum from the Assistant City Manager regarding Consumer Market
, Survey.
Memorandum from the Economic Development Coordinator regarding grain
milling and processing.
Memorandum from the Director of Parks and Recreation regarding religious
and fundraising activities in city parks.
Copy of letter from the Neighborhood Services Coordinator to the Park
View Terrance residents regarding storm sewer system.
Letter from the Arts Committee and Chamber of Commerce regarding
distribution of hotel/motel tax monies.
Letter from John and Allegra Dane regarding property in southwest
Iowa Ci ty.
Copy of letter from the President of Friends of the Iowa River
Scenic Trail regarding ISTEA funding.
Agenda for the 7/21 Informal meeting of the Bd. of Supervisors.
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City of Iowa City
MEMORANDUM
DATE: July 24, 1992
TO: Memo for Record
FROM: City Manager
Memoranda from the City Manager:
a. Pending Development Issues
b. . Chamber of Commerce Legislative Council. Local Govennent
Subcommittee .
c. New Services
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Gity of Iowa City
MEMORANDUM
DATE: July 31, 1992
TO: City Council
FROM: City Manager
RE: Material in Information Packet
Memoranda from the City Manager:
a. Pending Development Issues
b. Recycled Materials - Fiscal Year 1991-92
Memorandum from the Assistant City Manager regarding complaints about
preemption of the Weather Channel.
Memorandum from the Director of Planning and Community Development and the
Oirector of Public Works regarding Maiden Lane Project. ~
Memorandum from the Parking Superintendent regarding time schedule for the
Chauncey Swan Ramp. [
Memorandum from the So11d Waste Superintendent regarding speaking engagements.
171~
Agendas for the July 30 and August 4 meetings of the Johnson County Board
of Supervisors.
Material from Paul Horick, Geological Survey, regarding pesticides.
Copy of Airport Relocation Feasibility Study. (!ieChnicaJ Advisory Comm.
. workbooK ,
Agenda for the 8/6 Formal meetlng of the Board of Supervisors.
Letter from Mayor to Chair of Rotary Scout Camp re restoration of Camp /71Q
Cardinal as a youth camp site. -r-
Report on the 60th Annual Conference of Mayors 6/19-24 in Houston Tx. 17~
(Given by Reg McElroy-Fraser, Mayor's Youth Employment Dir.)
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