HomeMy WebLinkAbout1993-03-02 Bd Comm minutes
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MINUTES
IOWA CITY PLANNING AND ZONING COMMISSION
FEBRUARY 18, 1993 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
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MEMBERS PRESENT:
Gibson, Dierks, Bovbjerg, Starr
MEMBERS ABSENT:
Cooper, Cook, Scott
STAFF PRESENT:
Denney, Miklo, Bormann, Schreiber
CALL TO ORDER:
Secretary Bovbjerg called the meeting to order at 7:45 p.m.
RECOMMENDATION TO CITY COUNCIL:
1. Recommend approval by a 4-0 vote, of REZ92-0016, the rezoning of a 71,05 acre
tract generally located west of U.S. Highway 218 and north of Rohret Road, from ID.
RS to RS.5, Low Density Single-Family Residential, with the clear understanding that
all of the costs associated with providing infrastructure for development of the subject
tract will be paid by the developer, and subject to 1) the developer paying the pro rata
share on the entire 71.05 acres for the upgrade of the Westside Trunk Sewer and 2)
no building permits being issued until the sewer upgrade is completed.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ZONING ITEMS:
1.
REZ92-0016. Public discussion of an application submitted by Kennedy-Hilgenberg
Enterprises to rezone a 71,05 acre tract generally located west of U,S, Highway 2t8
and north of Rohret Road, from ID.RS to RS-5, Low Density Single-Family Residential.
(45.day limitation period: waived to February 18, 1993.)
Denney summarized the staff recommendation. He stated that earlier the Commission
had discussed the possibility of placing a condition on the rezoning to waive the
property owner's rights to object to future assessments for improvements to Rohret
Road,
Starr asked if any of the other developments along Rohret Road currently have a
waiver on rights to object to assessment; Denney replied not that he was aware of.
Dierks said an assessment would be at the City Council's discretion,
In response to a question from Dierks. Denney said one condition the Commission had
discussed for this rezoning was that the developer pay a pro rata share ot the costs
of upgrading the Westside Trunk Sewer from a ten inch line to an eighteen inch line
in order to accommodate the additional capacity of areas to the west. He said a
second condition discussed by the Commission was that the developer pay all the
costs associated with this development being out-ot-sequence, which would include
the overwidth pavement ot the collector streets coming into the development. He
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Planning & Zoning Commission
February 18, 1993
Page 2
explained the developer normally pays for the width of a local street and the City pays
for the additional width to make it meet collector standards; in this case, the
Commission would be asking the developer to absorb the entire cost.
Public discussion opened at 7:49 p.m.
Larrv Schnittier. MMS Consultants. 1917 Gilbert Street, explained the 14.25 acre
parcel was transferred during the past two weeks at the urging of the Iowa City
Community School District. He said Kennedy-Hilgenberg would rather not have a
c'ondition disalfowing the right to object to future assessments because it could cloud
the title on some of the lots until Rohret Road is improved.
Gibson said even if the Commission does not include that condition, it does not
prohibit the City Council from attempting to assess the property owners; inclusion of
this condition would mean the property owners could not fight the assessment.
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Public discussion closed at 7:51 p,m.
Starr moved to approve REZ92-0016 rezoning of 71.05 acre tract generaliy located
west of U,S. Highway 218 and north of Rohret Road, from ID-RS to RS-5, Low Density
Single-Family Residential, with the clear understanding that all of the costs associated
with providing infrastructure for development of the subject tract will be paid for by
the developer, and subject to 1) the developer, paying the pro rata share on the entire
71.05 acres for the Westslde Trunk Sewer upgrade and 2) no building permits being
issued until the sewer upgrade is completed, Gibson seconded. The motion carried
on a 4-0 vote,
2.
REZ93.0001, Public discussion of an application submitted by Iowa Realty Company
to rezone a 30 acre parcel located west of Sycamore Street and immediately north of
the corporate limits, from ID.RS to RS-8, Medium Density Single-Family Residential.
145-day limitation period: March 15, 1993,)
Denney said staff has concarns ragarding the environmental sensitivity of the site and
racommends deferral until a determination has been made as to whether the site
contains jurisdictional wetlands and until the staff has resolved issues relating to
development around environmentaliy sensitive areas.
In response to a question from Dierks, Miklo explained there is higher density in an RS-
8 Zone which may have more impact on environmentally sensitive areas than an RS.5
development,
Starr noted the Commission had discussed whether basements should be aliowed in
this area; he asked when that issue would be resolved. Denney said the applicants
wish to address the issue of basements during the public hearing. He said it is more
an engineering and policy question than an environmental question and can hopefully
be answered by April 1 , 1993,
Dierks said state and federal ordinances curreritly cover wetlands; she asked to what
extent there is protection beyond the wetlands, Denney said state and federal
regulations cover only jurisdictional wetlands and do not go beyond that. He explained
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Planning & Zoning Commission
February 18. 1993
Page 3
staff is looking into whether there should be a buffer zone outside the wetlands.
Dierks asked if the definition of a wetland includes any area just outside the wetland
to protect it. Bormann said the only areas protected are the actual wetlands. She
explained several factors are considered in determining whether an area qualifies as a
jurisdictional wetland. She said there are hydric soils outside of wetlands that do not
qualify as wetlands but that the City may still want to protect; staff is investigating
to what extent hydric soils and other sensitive areas that are not considered wetlands
should be protected. In response to a question from Dierks, Bormann explained
"jurisdictional" implies the wetlands have the protection of federal and state laws.
Denney said the Corps of Engineers has been charged by the Clinton Administration
to use the 1987 definition of wetlands, which is less restrictive than the 1989
definition.
Public discussion opened at 8:02 p.m.
Tim Lehman. 3306 Arbor Drive. said he is one of the two owners of the property in
question and has actively farmed the ground for the last eight years. He said it has all
been in crop ground; there are no wet spots that had to be farmed around. He
explained there is a natural waterway through the land. He said much of the
surrounding lands have also been farmed for the past thirty to forty years and are not
wetlands.
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Lehman said. as a farmer. his definition of wetlands is swamplands with hydrophobic
vegetation that cannot be driven through with equipment. He said there are a lot of
areas with hydric soils in Iowa City that are still built on. He noted homes with full
basements are being built in a development up the road from his property and
Whispering Meadows has also been approved to build basements. Dierks asked if this
ground has been tiled. Lehman replied not that he is aware of,
Mike Roberts. R-Plaza 449 Hiahwav 1 West, stated he owns the largest natural marsh
in the state of Iowa and feels confident developing wetlands. He said, in his opinion,
the area in question is not a wetland and the City agrees with him. He said he has a
1988 Corp of Engineer's project that he picked up from the City showing this area is
not wetlands,
Raloh Stoffer. 535 Southaate Avenue, said this area was zoned ID-RS strictly because
it was not sewerable, He said the City is now putting in a $500.000 to $600.000
sewer to service this area and almost identical ground and hydric soils for Frantz
Development and areas to the north and the west; his understanding was that once
the sewer problem was solved, the area would be rezoned for development,
Stoffer said there is an urgency on timing for this rezoning in order to have the project
completed by this fall. Gibson asked why the rezoning request was not submitted
earlier; he said Stoffer was now putting pressure on the Commission to act quickly on
this application, Stoffer replied the application was filed in January which is the normal
time to apply in order to begin spring construction, Gibson noted it leaves no slack in
the system,
Stoffer stated he has had various projects in wet soils and has learned how to deal
with them, He said the RS-8 zoning is being requested because it is virtually
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Planning & Zoning Commission
Fe,bruary 18, 1993
Page 4
impossible to build a single family house for less than $75,000 because of the price
of lumber. He explained this project is proposed for single-family detached housing in
the $100,000 range, which is considered affordable housing in the industry.
In response to a question from Dierks, Stoffer explained the subsurface exploration
report from Terracon Consultants, Inc. has since been edited. Dierks asked the
permanency of the tile system proposed to carry the waterflow. Stoffer replied the
system is completely sealed from the outside with a polyethylene wrap which acts as
a filter. Starr noted one recommendation in the report was a drainage system under
the street. Stoffer said that option is very popular in Cedar Rapids; Iowa City
engineers feel it should only be installed if needed and that is decided by walking the
subgrade. Denney said he does not believe the City's engineers have made a decision
regarding the need for drainage system under the streets.
Starr asked if this development is in sequence. 'Denney replied affirmatively. Starr
asked who is responsible for the costs of the infrastructure. Denney said the sewer
is presently being constructed; staff recommends the applicants dedicate right-of-way
to accommodate a future upgrade to Sycamore Street to arterial street standards.
Stoffer said Iowa City prefers to handle the unstable soil in the area by thickening the
concrete slab to seven inches on residential streets and eight or nine inches on arterial
and collector street whereas Cedar Rapids prefers to apply a layer of gravel instead.
Dierks asked for an explanation of a statement in the report from Terracon referring to
below-grade walls, subsurface drainage, and possible hydrostatic pressure on walls.
. Stoffer said that is a liability limiter for Terracon, Dierks questioned the safety of
building under the conditions mentioned in the report. Stoffer said the builders would
stand by their product.
Gene Stanbrouah. Iowa Realtv. said many of the phrases being used in terms of soil
descriptions can sound very onerous, He said Iowa Realty is a real estate brokerage
and development organization wholly owned by Central Li(elnsurance Company of Des
Moines; Midland Homes is a sister company and would be the primary builder.
Stanbrough explained Iowa Realty's intent is to build affordable housing in, the
$90,000 to $ 1 25,000 range.
Stanbrough stated the poured concrete foundations proposed would be engineered
specifically for the soil conditions of the area and the Commission does not need to be
concerned about the safety of the occupants in those homes. He explained the
foundation would be tiled all the way around the outside at the footing line and cross
tiled under the floor. These tiles would all be connected to a sump pump to pump the
water up to an outlet to a private drainway running to the storm sewer so that water
is not exited onto the lawn or driveway or into the street, He said this ensures a dry
basement and is standard procedure; what the soil in this area requires that is
abnormal is a spread (ooting, He ensured the Commission that it is Iowa Realty's
intent to create a quality product, He said they do not intend to build any homes
without basements and the delay of this application to April 1 would cause a problem,
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February 18, 1993
Page 5
Dierks asked why the applicants were requesting RS-8 rather than RS-5, Stanbrough
replied it is an attempt to keep the housing affordable; a fifty-five foot lot allows a
house to be priced lower.
Dierks asked if a creek crosses the property, Lehman replied it is a grass waterway.
Stanbrough said it is just a surface drain way. Lehman explained grass is planted to
prevent erosion. In response to a question from Dierks, Stanbrough said in addition
to the normal storm sewer, a second drainage system is proposed to pipe water from
the sump pumps in the basements to the storm sewer.
Stanbrough said Iowa Realty entered into this property late last fall and met with the
City staff in November and were assured there were no problems with developing this
property. He noted building in this area is extremely seasonal, Gibson said there has
been a very high level of concern about wetlands and hydric soils in this area and the
Commission has a predisposition to proceed cautiously. Stanbrough replied he is not
asking the Commission to do anything foolish. He said he simply disagrees as to the
depth of the problem of creating basements in this area; it is a problem that can easily
be solved.
Dierks said the Commissioners are concerned about the high water table in this area
according to Terracon's report. Stoffer said the borin9 logs show the water at levels
between five and eight feet when Terracon was drilling and at three feet three weeks
later, Stoffer said he would provide the Commission with the full edited report for
their perusal.
Stanbrough said pumping water out of basements during construction is a common
practice in this area. He said the safeguards Iowa Realty is proposing will prepare the
houses in the development for a dry basement.
Gibson said he does not care if basements are built; that is between the developer and
the property buyer although the City has taken a different attitude. He expressed
concern about whether houses are being built in appropriate areas and whether the
Commission is being sensitive to environmentally sensitive conditions. Starr said a lot
of environmental issues have been raised lately in this area and he prefers to know the
impact of the Commission's recommendations concerning environmental and
developmental issues.
In response to a question from Stanbrough, Miklo explained staff will be providing
information regarding what other communities do about regulation of hydric soils and
soils adjacent to wetlands. He said it appears the property in question is not a wetland
so the question becomes whether draining and grading of the hydric soils will affect
wetlands off this site,
Miklo said the City has put stipulations on subdivisions in other areas of wet soils
prohibiting basements; some developers have accepted that. He said more recently,
the developers of Whispering Meadows have come back to the City to request
basements be allowed, Miklo said It is now time for the Planning and Zoning
Commission and the City Council to develop a policy as to whether basements will be
allowed in situations like this, whe'ther basements should be allowed subject to
engineering regulations, or whether it should be a private market decision. Miklo said
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February 18. 1993
Page 6
staff is not saying that basements cannot be built in this area; there may be
engineering solutions. Dierks noted the technology has improved drastically over the
past few years. She said she does not care if basements are allowed as long as they
can be kept dry.
Bormann explained that the theory behind allowing Whispering Meadows to amend
their conditiomil zoning agreement was because technology had changed, and the
Commission decided the inclusion of basements should be a market decision. Gibson
said he doesn't believe the City should be in the business of deciding whether
basements are allowed; it almost puts the City in the position of trying to guarantee
people dry basements, Dierks said people come back to the Commission with
complaints about wet basements when the Commission allows basements in areas
with a high water table. Gibson said that is a different question.
In response to a question from Starr, Miklo said staff hopes to provide the Commission
with information regarding development in areas of hydric soils, development adjacent
to wetlands and the effect on wetlands, and development in areas with high water
tables by April t. Miklo invited the representatives from Iowa Realty to provide staff
with any information on how Iowa Realty has addressed these issues elsewhere.
Stanbrough asked if the Commission may determine that land that is outside of defined
wetlands is not developable because of the type' of soil. Miklo said that is one
possibility, or that conditions may be placed on development to minimize impacts on
adjacent wetlands if any.
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Richard Rhodes, 2014 Rochester Avenue. commended the Commission, the
developers. the landowners and the engineer for starting to consider environmental
issues. He said the area in question is in the uplands of the "Snyder Creek bottoms"
and he is concerned because the City has an agreement with the federal government
to protect those wetlands but the City currently knows nothing about how water gets
into the wetlands. He acknowledged that the uplands will be developed at least in
part; that is probably feasible and wise. Rhodes expressed concern that the drainage
of the waters in the area in question may be necessary to maintain the recharge in the
wetlands of the "Snyder Creek bottoms". He commended the Commission for
exercising caution in proceeding with this application.
Dave Nelson. Comorate Attornev for Iowa Realtv, stated he is unclear on staff's
recommendation to the Commission for deferring this application and the issues the
Commission feels need to be addressed. He asked how the Commission is comparing
this parcel to Sycamore Farms.
Bormann explained, in conjunction with the Sycamore Farms application, there has'
been a broader issue raised as to the development of not only jurisdictional wetlands
but the areas surrounding wetlands and other areas composed of hydric soils. She
said the Commission is seeking information as to how other communities deal with
development in areas of hydric soils, and are considering the possibility of drafting an
ordinance to address these issues. She said the ordinance may be designed to protect
a larger area than is curreniiy addressed by the federal and state ordinances and laws
protecting jurisdictional wetlands. She said the Commission is concerned with
development that may impact jurisdictional wetlands even though the jurisdictional
wetlands may not be located on the tract of land being developed.
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Planning & Zoning Commission
February 18, 1993
Page 7
Bormann explained it is the Commission's practice to always have two public hearing
on every rezoning so the Commission does not need to determine tonight whether to
defer this application until April 1, 1993.
Nelson asked Bormann if she was aware of any other communities that have
developed their own wetland ordinances. Miklo said such ordinances are fairly
extensive in states along the east coast.
Nelson asked how close the first jurisdictional wetland is to the property in question.
Miklo said staff is unsure at this point. Denney said the area in question was identified
as a possible wetlands area in a study that was done as part of the construction of the
Sycamore trunk sewer. In response to a question from Nelson, Denney said that study
was given to the City within the last two years,
Rhodes noted that the map that Iowa Realty representatives had shown the
Commission that purports to show wetlands is the draft National Wetlands Inventory
that was done by the U.S. Fish and Wildlife Service and is not a Corp of Engineers
product. He said it is only considered to be a draft because it was done entirely from
high altitude aerial photography with no ground truth; it can only be taken as a first
indication of wetlands, not an absolute fact. In response to a question from Bovbjerg,
Rhodes explained the map used visual photography rather than infrared or any special
type 01 photography.
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Dierks noted on the map Rhodes had displayed, it appeared the land in question
drained into the wetlands. Stoffer explained several hundred years ago the Iowa River
used to flow in the "Snyder Creek bottoms" and the area has since began to silt in.
He said the reason it is a wetland is because it has not completely silted in yet; this
will occur over the next couple of centuries.
Lehman asked if the City took the wetland issue into consideration when they decided
to put the sewer trunk in; he asked what area the sewer is intended to serve if
development is not allowed in this area. Bovbjerg said she would also like that
question answered. Lehman said the City planned for development of this area from
1999 to 2009 but it was moved ahead by Frantz's request to develop some of this
area sooner. Miklo said no one is saying this area should not be developed at this,
point but that soil conditions need further study.
Lehman asked if wetlands were a consideration when the City decided to build the
new trunk sewer. Miklo replied that specific areas of wetlands were not identified at
that time, Bovbjerg said the Commission considered the long.range broader area to be
served by the sewer and specific parcels that people wanted to develop that were not
sewerable at that time. Lehman asked if any wetland borings were done when Frantz
decided to develop his land. Miklo said there were no indications of wetlands at that
time and no discussions of hydric soils; those issues have been raised by the public
since that time. Bovbjerg said if Frantz's development were to come before the
Commission now, it would probably be,treated differently because of the present
concerns regarding this environmentally sensitive area. Starr explained as issues come
along, the Commission adds additional criteria when considering requests,
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February, 18, 1993
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Dierks said while RS-8 is the economically preferred zoning for this area, RS-5 would
allow for the least impact on tha environment. She asked consideration be given to
rezoning this area to RS.5 rather than RS-8,
Dierks moved to defer REZ93-0001 until March 4, 1993, Gibson seconded, The
motion carried on a 4.0 vote,
3. Public discussion of possible amendments to Zoning Ordinance Section 36-58(c)
concerning when hard-surfaced parking should be required,
Bormann explained this issue came up as the result of a citation issued against a
citizen under this particular section of the ordinance and prompted staff discussion as
to whether this ordinance should remain in its present form or should be amended,
She asked the Commission if they would like staff to look into the possibility of
amending this ordinance.
Bormann said the Strebs' concerns were expressed in the letter provided to the
Commission. Bormann said the citation was dismissed without prejudice; the City has
the option of refiling the complaint if the Commission determines the ordinance should
remain unchanged and continue to be enforced. She said Housing and Inspection
Services is looking for guidance as to whether to continue enforcing this ordinance, or
if there are situations that warrant the allowance of non-paved driveways. Bormann
asked if the Commission would like staff to research the issue.
Dierks asked the amount of the court costs the City paid in the case against the
Streb's, Bormann replied court costs generally range from $15 to $30. She said
because this is an issue that is muddled, the City chose to pay the costs, Bormann
said most of these types of citations are triggered by inspections because of building
permit requests,
Starr said he would like to know the intent of requiring hard-surface driveways, He
said he would also like to know how this ordinance relates to historic preservation and
the possibility of restoring a driveway in a historic area to its original state.
Gibson said he would like staff to research the issue. Miklo said, like a lot of the City's
Code, the ordinance was written based on new subdivisions and developments, and
it doesn't always make sense for older neighborhoods to comply.
Public discussion opened at 9:10 p,m:
There was none,
Public discussion closed at 9:10 p.m.
Gibson moved to request staff to research the wording and Implications of Zoning
Ordinance Section 36.58(c) and provide the Commission with Information as soon as
possible, Starr seconded. The motion carried on a 4.0 vote.
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Planning & Zoning Commission
February 18, 1993
Page 9
REVIEW OF THE MINUTES OF FEBRUARY 4, 1993:
The Commissioners noted several corrections,
Dierks moved to approve the minutes of the February 4. 1993 meeting, as amended. Gibson
seconded, The motion carried on a 4-0 vote.
PLANNING AND ZONING COMMISSION INFORMATION:
Miklo noted the City Council would be discussing several Planning and Zoning issues at their
February 22, 1993'meeting. He said Cook will be unable to attend and asked for another
Commissioner to attend the meeting. Bovbjerg said she would attend.
Miklo also noted the City Council will be holding a public hearing on the proposed budget on
February 23. 1993 and told the Commissioners they are welcome to attend,
Dierks requested staff collect information regarding development of Whispering Meadows for
the next meeting.
ADJOURNMENT:
Gibson moved to adjourn at 9:27 p,m. Dierks seconded. The motion carried on a 4-0
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Ann Bovbjerg, Secretary
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Minutes submitted by Nancy Schreiber
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MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
FEBRUARY 22, 1993
SENIOR CENTER CLASSROOM
MEMBERS PRESENT:
Pamela Dautremont. Ann Shires, Dorothy Paul. Chia.Hsing Lu.
Patricia Harvey. Jason Chen
MEMBERS ABSENT: Sara Mehlin. Alison Ames Galstad. Ken Gatlin
STAFF PRESENT:
Alice Harris
RECOMMENDATIONS TO CITY COUNCIL:
None,
REQUEST TO CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE:
None.
RECOGNITION OF PUBLIC AND NEWS MEDIA:
Natalie Cronk. Tom Flanders
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
None.
CALL TO ORDER:
The meeting was called to order by Chairperson Paul. The next Commission meeting is
scheduled for March 22, 1993. in the Senior Center Classroom at 7:00 p,m, A motion was
made by Chen for approval of the minutes of January 25, 1993. It was seconded by Shires.
There was unanimous approval,
CASES PENDING:
Harris reported four cases are under investigation,
Team A reported they met for an appeal of a no probable cause decision on sexual
harassment. The no probable cause finding stands. In another sexual harassment case they
have found probable cause.
Team C reports one case in conciliation.
REPORTS OF COMMISSIONERS:
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Iowa City Human Rights Commission
February 22, 1993
Page 2
Lu, Paul, Chan and Dautremont attanded the lectura given by Cornel West-. All noted it was
excellent and that West is a dynamic speaker, Chen will provide video. Paul noted h
Women's History Month, Sara Mehlin and Nicole Barnes will be giving a presentation at the
Iowa City Public Library Room A on March 29 at 4:30. The title is "Women's Human Rights
and Genocide." It is being sponsored by the Commission and the Iowa Division UNA,
OLD BUSINESS:
Shires, Dautremont and Harvey attended two Commissionar orientation sessions.
NEW BUSINESS:
Harris announced that she taped the Racism in Iowa show and it is available for
Commissioners. She announced that Rudy Simms, Director of the National Conferenca for
Christians and Jews, will be giving a presentation at the April meeting on cultural diversity.
She also announced she will try to show a video on ,the ADA at tha May meeting, She is
getting requests for training presentations and invites Commissioners to join her.
PUBLIC DISCUSSION:
Cronk and Flanders from the Cable Division gave a presentation on the program they
developed for Information Services on black historical figures. They will also be doing a
program for Women's History Month. Cronk is an intern and worked diligently on the project,
The statistics show that Black History Month figures was the second most watched category.
Paul informed the Commission that she has materials on indigenous people that will be
included in the Human Rights Conference to be held in Vienna sponsored by the United
Nations. She has additional resources in har office. Revision of the Police Manual will be
discussed at the next meeting. There are two revision subcommittees for the revision of the
ordinance. Paul's team is scheduled to meet.
ADJOURNMENT:
Meeting adjourned,
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