The Agenda was posted, February 6, 2008 at 4:00 PM
1. Call Meeting to Order:
This This regular meeting of the Catoosa Planning Commission was called to order by Chairman Mike Appel on Monday, February 11, 2008 at 6:01 PM at the CatoosaCity Hall, 214 South Cherokee, Catoosa, Oklahoma.
2. Roll Call:
The following members were present: Al Proo, Dennis Huntley, Bill Scullawl, Mike Appel and Terry O’Donnell. Mayor Lamkin was also present. The following staff was present: Jim Hodges, City Planner.
3. Approval of Minutes: Regular Meeting of January 14, 2008.
MOTION was made by Scullawl and seconded by Proo to approve the minutes subject to the correction of several clerical errors as identified to Staff .The motion passed 4:0:1 with the following vote: Voting aye – Huntley, Proo, Scullawl, and Appel. Voting nay –O’Donnell (abstention).
4. PUBLIC HEARINGS-NONE
5. Old Business:
A. Discussion and consideration of directing Staff to research the concept and
current requirements regarding drafting a city ordinance pertaining to “sexual
predators”.
Chairman Appel noted that the term “sexual predators” in Agenda 5. A is somewhat miss leading and should refer more to the term “Parks Issue”. Appel called upon staff for a report.
Hodges provided an update and noted that OML has indicated that the state legislators have not formed a committee to review the definition of “zoned” and the City Attorney has recently provided an opinion which basically is that we need to create a park zoning district and define "parks" in the zoning code. Mayor Lamkin concurs with the City Attorneys opinion and will address the Commission.
Mayor Lamkin addressed the Commission and explained that Section 57-590 of the Sex Offenders Registration Act states;It is unlawful for any person registered pursuant to the Sex Offenders Registration Act to reside, either temporarily or permanently, within a two-thousand-foot radius of any public or private school site, educational institution, a playground or park that is zoned by city, county, state, federal or tribal government, or licensed child care center as defined by the Department of Human Services.The Mayor explained that although the Zoning Codes allows parks as Use Unit 1, this does not address the Statute requirement for the park to be zoned by the City and a new park zoning district is needed.
O’Donnell and Huntley and several members of the Commission discussed that when the courts consider a case regarding “people’s rights” they rely on a strict interpretation of the law and the law states that parks need to be zoned by the City, therefore a new separate zoning district for parks needs to be created.
Appel and Scullawl and several members of the Commission discussed the need to amend the previous related motion made during the Commission Meeting of January 14, 2008 (regarding the same Agenda Item 5. A) to include a recommendation to create a Parks Zoning District, define both public and private parks in the Zoning Code and Subdivision Regulations and provide adequate signage identifying the property as a park at the entrances to public and private parks
Appel suggested that this directive should be in form of a motion.
Scullawl made a MOTION seconded by Huntley to amend the MOTION made during the Commission Meeting of January 14, 2008 (regarding the same Agenda Item 5. A) and to forward a recommendation to the City Council recommending the following: (additions are in bold and deletions are struck through.
· OnlyAdequate signage to identify public and private parks is needed. warranted at this point in time.
· City Parks should be inspected to determine if adequate signage is provided at the entrances.
· All know private parks should be inspected to determine if adequate signage is provided at the entrances.
· All known owners and/or property owners associations should be contacted regarding adequate signage identifying the park.
· The City Council may want to consider financial assistance to help the private park owners with the associated cost of adequate signage.
· The City Council should direct Staff to create a new zoning district for parks including a definition of parks in the Zoning Code and Subdivision Regulations.
The motion passed 5:0:0 with the following vote. Voting aye – Proo, Huntley, Scullawl, O’Donnell and Appel. Voting nay –none.
6. New Business: NONE
7. Planning Directors Report: NONE
Hodges distributed information regarding the up coming24th Annual Resource Management Conference on March 6, 2008 at the Tulsa Garden Center.
Appel indicated that this information should be shared the City Council.
8. ADJOURN:
There being no further business, a MOTION was made by Scullawl and seconded by Huntley to adjourn the meeting. The motion passed 5:0:0 with the following vote: Voting aye – Proo, Scullawl, Huntley, O’Donnell and Appel. Voting nay – None.
The meeting was adjourned at 7:46 P.M.
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Mike Appel, Chairman _________________
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Jim Hodges, City Planner Date
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