2006-05-08 CITY COUNCIL PUBLIC HEARING MEETING MINUTESMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MAY 8, 2006, AT 6:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:45 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Kevin Cole
Richard Tetens
Woody Owens
Larry Marcott
Steve Saboe
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Public Works Director Danny Cameron; Fire Marshal Steve
Chapman; Police Chief J.C. Doyle; Assistant City Manager Nick Finan; Director
of Finance Claire Manthei; Executive Director of Economic Development
Corporation Fred Welch; Project Director Joe Wertz; and Purchasing Officer
Gordon Island.
PURPOSE OF HEARING — PUBLIC COMMENT AND TESTIMONY
REGARDING THE ADOPTION OF AN ORDINANCE ESTABLISHING
RESIDENCY REQUIREMENTS FOR CERTAIN SEX OFFENDERS.
Mr. Darrin Coker, City Attorney.
STAFF REVIEW OF THE ADOPTION OF AN ORDINANCE ESTABLISHING
RESIDENCY REQUIREMENTS FOR CERTAIN SEX OFFENDERS.
City Attorney Darrin Coker stated the Public Hearing is the result of a request by
Council to establish an Ordinance that will establish residency requirements for
sex offenders. The purpose of the hearing is for Council to hear public comment
on the proposed Ordinance.
The Ordinance applies to sex offenders whose victims were sixteen years of age
or less and it establishes a residency requirement where a sex -offender cannot
live or establish residency within 1,000 feet of a place where children commonly
gather. These places are defined in the Health and Safety Code and in the
proposed Ordinance. The types of places included are playgrounds, schools,
public pools, and even video arcades. What is qualified as a playground is an
area that has three or more apparatus or play -equipment. A residence is defined
as being permanent or temporary in the proposed Ordinance. Permanent
residence is defined as establishing residence for a period of 14 or more days.
Temporary residence is defined as 14 or more days in aggregate or 4 or more
days consecutive or none consecutive in any given month. The distance will be
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marked from property -line to property -line. Any landlord renting or leasing to a
sex -offender can be held liable for violating the proposed Ordinance. Any person
violating the proposed Ordinance will receive the penalty for each day the
proposed Ordinance is violated. All sex -offenders that are currently registered in
accordance with state law are not subject to the proposed Ordinance. Also, if a
person has already established residency and a sight within 1,000 feet .of their
residence is established as a gathering place for children after their residency
was established, they will not be subject to the Ordinance.
CITIZEN COMMENTS
Michael Klaus, 5016 Groveton, addressed Council and asked what happens if a
sex -offender that is grand -fathered in, violates parole but is not convicted of a
new crime; and why is the Ordinance strictly for offenders whose victim or victims
were sixteen years or younger because at sixteen or seventeen years of age,
there is really no physical difference.
COUNCIL/STAFF DISCUSSION
Mayor Pro -Tem Cole asked City Attorney Darrin Coker to address the questions
presented by Michael Klaus.
City Attorney Darrin Coker stated that the violation of the parole may not be
something that would lead to a second violation under the proposed Ordinance
and would not affect the grand -fathered status of the sex -offender. The age
requirement is one that is being used in most of the current sex -offender
Ordinances and is probably because it has been held up judicially.
Councilmember Saboe stated that one of the reasons Council moved so quickly
on this matter is due to recent events in the community. The quickest way to
expedite the Ordinance was to copy what has already been done. He asked the
City Attorney if changing the age in the Ordinance would affect the ability to
defend the Ordinance in the event it is challenged.
City Attorney Darrin Coker stated he is not positive of the effect changing the age
would have on the ability of the Ordinance to be defended in court, but it is his
recommendation to leave the age requirement as sixteen.
Mayor Pro -Tem Cole asked what happens if a there is a resident, that has never
been convicted, who commits an act and is convicted and lives within 1000 feet
of one of the defined locations.
City Attorney Darrin Coker stated the person would be forced to move upon
conviction. When a sex -offender moves to the City, they have seven days to go
to the Police Department to register. If their established residence violates the
proposed Ordinance, they will be required to move.
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to the Police Department to register. If their established residence violates the
proposed Ordinance, they will be required to move.
Councilmember Owens asked what will happen when the future changes in the
Parks Department are established.
City Attorney Darrin Coker stated these areas will fall under the proposed
Ordinance.
Discussion ensued between Council, Mayor Reid, and City Attorney Darrin Coker
regarding the proposed Ordinance.
ADJOURNMENT
Meeting was adjourned at 7:00 p.m.
Minutes approved as submitted and/or corrected this the 22nd day of May, A.D.,
2006.
Tom Reid
TEST: Mayor
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