HomeMy WebLinkAboutCC Minutes 2006-06-05 Regular 6/5/06 2490
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
JUNE 05, 2006 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, JUNE 05, 2006, AT 4:30 PM AT THE FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,
910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT
CONSTITUTING A QUORUM:
MAYOR DAVID SMITH
COUNCILMEMBER LAURA EWING
COUNCILMEMBER JOHN LECOUR
COUNCILMEMBER JIM HILL
COUNCILMEMBER JAY HORECKY
COUNCILMEMBER CHRIS PEDEN
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY JOHN OLSON
ACTING CITY MANAGER ROGER ROECKER
CITY SECRETARY DELORIS MCKENZIE
Mayor Smith called the meeting to order.
4:30 PM —WORK SESSION
Discussion was held regarding the Sex Offender Resident Ordinance. Acting City Manager Roger
Roecker opened up the discussion by providing history of working to bring this to Council, Police Chief
Bob Wieners presented a PowerPoint presentation regarding the background of sex offenders in
Friendswood with 9 known as this time, and 11 in Heritage Park, quoted State Law that provides for
regulations of sex offenders which provides for a notification requirement of sex offenders within certain
parameters, includes unincorporated areas, certain information open to the public, restrictions on living is
governed by Texas probation and parole, creates a "child safety zone" where children commonly gather,
victim must have been a child, cannot supervise or participate in programs involving persons under 17
years of age, Council asked about including other or specific children's activities, asked about private
parks, signage not addressed by the Department of Public Safety, some conditions of parole or probation
may require signage, violation is handled by parole or probation and there is no municipal case law that
relates to signage, reviewed 8th Circuit, Court of Appeals, measures must be directed to community
protection, measure must not be excessive, not apply to existing sex offenders, previewed map of general
idea of what a 1,000 foot restriction looks like, some associated costs, build a data base with well defined
restriction, if signage is enacted, will some way be contested and will incur costs to defend the ordinance,
asked if the City can use mail notification to entire City, Chief Wieners answered yes, does the City notify
homeowners in areas when sex offender moves into an area, does the City have a notification policy with
Chief advising could do but would be an expense to the City, could make the entire City no sex offender,
would that be construed excessive, not if other housing options, could have 1,000 foot radius and could
include churches. Discussed developing a signage policy and should be a priority, need to use signage
especially on Holidays such as Halloween, need to publish the existing and new sex offenders in Focus
on Friendswood, possibly put signs at neighborhood entrances that sex offenders are not welcome,
possibly look at a separate ordinance for enacting signage policy. City Attorney agreed with having two
ordinances with one enacting and one on signage.
Discussion was held regarding hurricane impact and preparedness. Acting City Manager Roger Roecker
introduced the presentation by Terry Byrd that presented a PowerPoint presentation on Hurricane Rita
Impact, showed a map of what would have been expected if this was a category 5 Hurricane and showed
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maps showing power surge impact, discussed Evacuation 2006: will it be better with Governor Perry
hoping so with better traffic management, asked about development of traffic plan, change to last year's
plan will be that if anyone wants off of evacuation route can do so, replacement fuel will only be
replenished on evacuation routes, major education plan to educate the citizens as to who should
evacuate and when, some comfort stations with some light food and some fuel will be available, learned a
whole lot from attending training and conferences, designated as a Storm Ready City, auxiliary power
being installed at the new Public Safety Building, other buildings have smaller generators in place, need
to work on this for the buildings, pump stations, water supplies and need to work on budget. 2006
Season Forecast — it only takes one hurricane. Plan in place to identify anyone needing assistance, a
new number in place, 211, on phone/electrical bills if assistance needed, if call received will be funneled
to appropriate city, have some transportation capability in place to re-locate those that need assistance.
Discussion was held regarding the review of City development and building permit process. Acting City
Manager Roger Roecker related that this presentation is the result of the recent Council Retreat and
introduced Community Development Director Dan Johnson that presented a power point presentation,
talked about Building Regulations and past complaints, which resulted in same day permitting
Performance Measurers, job cards, on-site construction plans, impact fees revised quarterly builders
forum, ZBOA variance tracking, Building Code Rating: 5 and Fire Code Rating: 3; discussed Zoning
Regulations past complaints, which resulted in information transfer, minimal flexibility of zones and Site
Plan approval, weekly development review committee, quarterly developers forum, enhanced city staff by
adding a Community Development and Economic Development Coordinator and a Planner, Mixed-Use
Zone created and Cluster Home Zone created, reviewed provisions for Commercial Site Plans and steps
that had to be taken and changes that have been made to those steps from 1999, Floodplain
Regulations, Flood Damage Prevention Ordinance, annual mail out to all residents, City Website,
Certified Floodplain Managers on staff, Community Rating System: 5, saves up to 25% on flood
insurance premiums, discussed Nonconforming Uses: Defined as lots, land, structures, and premises, as
well as characteristics of use, which do not conform to the terms of the Ordinance. It is the intent of this
ordinance to permit those nonconforming uses to continue until they are removed, but not to encourage
their survival, heard Difficult to Develop; Development Review Committee developed in 1998 and met for
11 months to develop criteria for DRC and various functions and recommendations, Development
Process Steering Committee met for 4 months in 2002 and 2003 and developed a list of
recommendations and Internal Improvements; next steps, always room for improvement, three years
since DPS, Some topics may include: Nonconforming Uses, Redevelopment of existing tracts and
Ordinance Modifications, questions and answers from Councilmembers.
7:00 PM — REGULAR SESSION
The invocation was given by Associate Pastor Charlie Quiroz with Calvary Chapel Church.
Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas.
COMMUNICATIONS FROM THE PUBLIC
Fred Krch, 209 Dawn, 40 year resident, complaint regarding audio in Council Chambers, Windemere
Lake owned by City for 13 years, road to the lake has a road sign that has been down several times, time
to do something about opening the road, propose an article in City publication what is going to be done
with lake, articles in Friendswood Focus filled with pictures of new business, would like to see meetings
Council attend, reports on contracts, has other things to discuss, thinks Mayor should reimburse City for
mistake make to the sum of$12,000.
Deborah Winters Chaney, 1008 Applewood Drive, appreciate Council will be addressing repealing the
Ethics Ordinance, would appreciate look at Ordinance, Resolution, for those that are not being followed,
cannot be followed, good time to do some house cleaning.
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Mike Sharp, 1200 Shooting Star, lend support for prudent use of tax dollars, if Council support measure to
refund tax and reduce tax rate in future years.
Faye Roberson, 422 W. Castleharbour, to address article in Friendswood Journal regarding Sunmeadow,
"City does not know what Sunmeadow wants", should have read "City does not know what Millennium
wants", has met 4 times with Millennium, plenty of ineetings but not getting anywhere, there is a sex
offender in Sunmeadow and appreciate all that Council has said and will do to protect the children
Mark McLean, 1212 Verdun, own and operates Larry's Florist, to speak on Main Street and Downtown
District, thought committee work had some validity and a beginning point, problem is crazy patchwork of
zoning, great help from staff to help them with expansion, there has been a Larry's Florist on
Friendswood Drive for 40 years, Main Street was genuine effort to try to do something, there were some
good things and some things not so good, addressed refund of 10% of property taxes, would hate to see
Council take this action and future Council's have to come back in to reinstate to have funding for
emergency measures.
Judy Kimball, 802 W. Edgewood, speaking as a private citizen, has some serious concerns regarding a
number of items on the agenda tonight, spoke about the placement of a number of agenda items to
repeal ordinances including the tree ordinance, ask for respect for a number of the committees that have
worked for many years to develop these ordinances, many citizens on these committees spent many
hours to develop the ordinances, two new Councilmembers spoke at the candidates forum that they did
not know what was in the tree ordinances, asked what article made Council decide to repeal the
ordinance, asked if they ever sat in any of the meetings, stated this speaks volumes about what they think
about the many boards of volunteers, challenged Council to think and speak for themselves, can be voted
in and voted out, Council is supposed to speak for all of the citizens, not just special interest groups that
have profit as their motive.
Lynda Harris, 406 Fallow Lane, served on numerous committees and has some understanding of how
ordinances come about, dismayed that over a dozen items are on the agenda to do away with ordinances
which have taken years for citizens and committee volunteers to bring about with no opportunity for
citizen input, stated there is only one item on the list that the new Councilmembers used in their platform,
asked who's agenda this was, stated certainly not the majority of citizens, the Downtown Overlay and
Entryway Overlay ordinances are in place because the citizens were tired of tin buildings and ramshackle
construction on their streets, discussed and approved by citizens who participated in the 2020 initiative,
which was open to all the citizens of Friendswood to participate in, one of the reasons people are
attracted to Friendswood is the trees, concerned about removing site plan approval from the Planning and
Zoning Commission, would remove the only avenue for public scrutiny and input of the plans for
construction and development in our community, respectfully reminded Councilmembers that they were
elected by the citizens of Friendswood, and work for the citizens of Friendswood.
Bill Finger, 2805 Burr Oak Drive, almost 30 years, number of agenda items concerning and a number of
the items are serious in nature, would think that Council would take time to discuss each item, some are
non-issue and should not be on the agenda, Main Street Committee was appointed by City Manager and
members disbanded themselves and there is not funding in this years budget, questioned some of the
agenda items to be repealed, other items on agenda such as site plan removal from planning and zoning
commission which has worked well, allows for citizen input and allows for arbitrary process, to take away
from the Planning and Zoning Commission removes the process, several other items that raise serious
concerns, most egregious returning all or part of financial reserve to the residents, important to remind
ourselves on Gulf Coast Region, would appear prudent to engage outside professional to develop the
cost to recover from a disaster, all Council elected to represent all citizens, over 30,000 population and a
number of registered voters.
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Don Seyfert, 2304 Old Road, book titled On The Road To Serfdom, written by Fredrick Hyatt, will
personally pay for a book for all staff inembers that want to read this book, no surprise to see the number
of agenda items, they were on the agenda under consent agenda's, hidden in retreat, workshops,
EOD/DOD needs work, face it, it was getting out of control, followed election close, no one said return all
of the reserve, said to return excess reserves.
Charles Kirklin, 607 Linkwood, to speak about the agenda, thank you for your service and to let you know
that all of you are in my prayers, have been given significant trust and stewardship, has been delivered to
you in condition that no one could object leading City around, precious treasurer that has be entrusted to
you, should take very seriously and concerned about, see no voter apathy, see that voters are pleased
with how this City is being ran, haste makes waste, appears agenda is very ambitious and hasty, no
reason to remind everyone of the election, believes everyone has a good heart, does not want a lot of
hasty decisions made and then have to go back next year and replace, spoke the slogan cut taxes now,
we'll show them how, dismayed at the rush of Council to hold property appraisals by 3%, dismayed of the
outside criticism that has hurt this City, may God bless your efforts and leaving this City better than you
found it.
Mark Weesner, 2809 Harvest Hill Drive, expressed why moved to Friendswood, found a number of
agenda items disturbing, sheer number of items is overwhelming, expressed concerns regarding
repealing of Main Street Committee and the repealing of the Tree Ordinance without public comment is a
slap in the face of those that served on this committee, removing the site plan approval from the Planning
and Zoning Commission, refund of 10% of tax dollars and effect on emergency reserves and the removal
of items from the CIP, this activity looks like cutting and coping, looks like some one or some group's
personal interest.
David Townsend, 1303 Sunset Drive, 27 years, chose to move here to live and raise family, chose to live
in the City, expected City services and expected to pay taxes, showed a chart with his taxes as an
example, City tax represents less than 3% that he pays, City tax was $1,300 and was more than the
average taxes paid, would hate to see taxes cut, but would like to see services extended, sidewalk,
streets, good services, police department, want to have a reserve fund to pay for the things that we need,
look at cost to developers, fees are not paying for the water and sewer services, need to keep trees,
ordinance is there for a reason, challenge Council to do what is best for citizens.
Lorna Zeitler, 304 Friends Knoll, spoke on Tree Ordinance, created because of concerns by local citizens
due to development of commercial property, promised to preserve or replace trees have been insincere,
surprised at newly elected Councilmember, who had rarely attended Council meetings until he decided to
run, and who has apparently not bothered to vote for the last two years at least, is now suddenly
requesting major changes in how the City is run before their first Council meeting.
Leslie Reid, 903 Mills, thankful to live in City that is fiscally responsible, please keep emergency fund
intact in times of emergency, keep tree ordinance in place, and asked how to find out who placed these
items on the agenda.
Mike Mabry, 1011 Myrtlewood Drive, new resident, located here because of family atmosphere beautiful
area, no curb appeal, no continuity to development, does not know if the Entryway Overlay or powntown
Overlay districts stand in the way of this development, needs some control for development along streets,
need to keep tree ordinance.
ACTING CITY MANAGER'S REPORT
Acting City Manager reported on the TAMI Award Finalist. It was recently announced that the City of
Friendswood is a finalist in the Texas Association of Municipal Information Officers (TAMIO) `TAMI'
awards program. The other finalists in the News Release category are the cities of Killeen and San
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Marcos. This category asked that cities provide examples of correspondence written for the media to
generate publicity about a specific event, program, or organization. This year, the City of Friendswood
submitted four news releases written over the last several months as well as the associated newspaper
articles that were printed as a result. A total of 140 entries from cities across the state were received in
this awards program. Only about one third of these cities were announced as finalists. Friendswood is
one such city. The winners of the Tami Awards will be announced Friday, June 9, during a luncheon at
the 2006 TAMIO Spring Conference in League City. Nick Haby, Assistant to the City Manager, created
and implemented a city news release template and policy in 2005 from scratch. The effect was evident
almost immediately. Today, the City of Friendswood is often featured in our local newspapers, but more
importantly, this news is accurate and consistent. We continue to work toward the City Council goal of
improving communication to our residents. We also recognize that the City of Friendswood's success is
centered on a citizenry that is well informed about issues facing their municipality. I'd like to congratulate
our Staff for continuing to work toward this goal, and for this latest statewide recognition.
Acting City Manager reported on the Officer of the Year Awards. Two of our police officers were recently
recognized for their outstanding service. Detective Michael Cordero was honored by the 50 Club of
Galveston County as Friendswood Officer of the Year. Patrol Officer, Robert "Bobby" Sanderson was
honored by the Houston 100 Club as a Rookie of the Year. Detective Cordero is a 20-year law
enforcement veteran, having spent the last ten years with the Friendswood Police Department. He is
currently assigned to the Criminal Investigations Division as the department's evidence and crime scene
technician. He also serves the department as an investigator, firearms and weapons trainer, and as a
member of the SWAT team. Detective Cordero has been instrumental in many recent major narcotics
investigations, and his work was crucial in solving a robbery case where the suspect was quickly
identified, and the weapon was located in an area creek. The suspect ultimately received 25 years in
prison. Officer Sanderson is just beginning his career in law enforcement, but comes from a law
enforcement family. He is a graduate of the College of the Mainland Police Academy and previously
worked with the Beach Patrol in Galveston. His grandfather, father, uncle, and brother are all peace
officers as well. Officer Sanderson has an eye for detail and has been instrumental in several narcotics
arrests. Last fall, he received a call of a theft in progress at a construction site. He responded and gave
chase to the suspects on foot. He was able to detain one suspect and direct backup officers to the
remaining suspects. All five suspects were charged and the stolen items returned to the construction
contractor. Sanderson is also sharing his skills with his fellow officers. Last year he instructed a Boater's
Education course for members of the Department's Marine Safety Enforcement Division.
Acting City Manager reported on the Disposal of Household Hazardous Waste. An employee of IESI, the
City's solid waste and disposal contractor, was injured recently as a result of the improper disposal of
some type of acid cleaner. This household hazardous waste was evidently inappropriately included in the
regular household waste. When the trash was compacted this material exploded. According to an IESI
representative, the worker that suffered an injury as a result of the incident was treated and is fine.
However, they have asked that we remind our customers that materials such as pool cleaners, paint
thinner, oil, and many other kinds of household hazardous waste can ignite when mixed in with regular
household waste.
ACTION ITEMS
**Councilmember Measeles moved to nominate Councilmember Ewing to be Mayor Pro-Tem.
Seconded by Mayor David Smith. The motion failed 3-4 with Councilmembers LeCour, Hill, Horecky, and
Peden opposed.
***Councilmember LeCour moved to nominate Chris Peden to be Mayor Pro-Tem.
Seconded by Councilmember Horecky. The motion passed 5-2 with Councilmembers Measeles and
Ewing opposed.
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**Councilmember Peden moved to approve the Mayor's appointments of City Council Liaisons, except for
Bay Area Economic Development.
Seconded by Councilmember LeCour.
***Councilmember Peden moved to amend the main motion to reflect a change to the list of liaisons -
change Councilmember Peden to the Bay Area Economic Development Committee and Councilmember
Ewing to the Community and Economic Development Committee, and to serve as alternates to each
other.
Seconded by Councilmember Ewing. The motion was approved unanimously.
****The main motion as amended was approved unanimously.
**Councilmember Measles moved to approve Staff's recommendation regarding a contract with Costello,
Inc., for$150,000 for Engineering Services for the Master Drainage Plan, Phase II.
Seconded by Councilmember Ewing.
***Councilmember Peden moved to table to allow time for liaison with Galveston County Consolidated
Drainage District to check on qualifications for these services.
Seconded by Councilmember Hill. The motion was approved 4-3 with Mayor Smith, and Councilmembers
Ewing and Measeles opposed.
**Councilmember Hill moved to direct the City Attorney to prepare an ordinance repealing the Entryway
Overlay District and the Downtown Overlay District.
Seconded by Councilmember LeCour.
***Councilmember Measeles moved to table until new a City Manager has been hired.
The motion died for lack of second.
****Councilmember Hill moved to amend the main motion to repeal the Entryway Overlay District (EOD)
and the Downtown Overlay District (DOD), and to adopt the Community Overlay District (COD) and call a
public hearing within 15 days.
Seconded by Councilmember Ewing. The motion was approved unanimously.
*****The main motion, as amended, was approved unanimously.
**Councilmember Hill moved to direct the City Attorney to prepare an ordinance directing the City to follow
its own codes and ordinances, and to inspect all City projects to ensure that they are in compliance with
the same.
Seconded by Councilmember LeCour.
***Councilmember Hill moved to amend to add building and development codes.
Seconded by Councilmember Peden. The motion to amend was approved unanimously.
****The main motion, as amended, was approved unanimously.
**Councilmember Hill moved to direct the City Attorney to prepare an ordinance repealing the tree
ordinance.
Seconded by Councilmember LeCour.
The motion passed 4-3 with Mayor Smith, and Councilmembers Ewing and Measeles opposed.
**Councilmember Hill moved to direct the City Attorney to prepare an ordinance for the disbandment of
the Main Street Committee.
Seconded by Councilmember Peden.
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***The motion and second were withdrawn with no action taken.
**Councilmember Hill moved to form a committee, appointed by Council, of five citizens to streamline the
permitting and inspection process for commercial and residential construction.
Seconded by Councilmember Horecky.
***Motion by Councilmember Hill to amend to increase the committee to 7 members, with each member
of Council to nominate one person.
Seconded by Councilmember Horecky. The motion to amend was approved unanimously.
****The main motion, as amended, was approved unanimously.
**Councilmember Horecky moved to direct the City Manager to calculate and formulate a refund of ten
percent of last year's property tax to each taxpayer by the next regular Council meeting, with an expected
issuance the first week of July 2006.
Seconded by Councilmember Hill.
**Councilmember LeCour moved to amend the main motion from first week of July to first week of
September 2006.
Seconded by Councilmember Peden. The motion to amend was approved 6-1 with Councilmember
Measeles opposed.
***Mayor Smith moved to amend the main motion to remove the wording "to each taxpayer."
Seconded by Councilmember Measeles. The motion was approved 5-2 with Councilmembers Measeles
and Horecky opposed.
****The main motion as amended was approved 4-3 with Mayor Smith, and Councilmembers Ewing and
Measeles opposed.
**Councilmember Horecky moved to direct the City Manager to get quotations and present them to
Council from outside of the Texas Municipal League (TML) for all lines of insurance carried by the City
within 30 days.
Seconded by Councilmember Hill
***Councilmember Ewing moved to amend the main motion to by the end of the fiscal year, and to
include TML in the quotes.
Seconded by Councilmember Measeles. The motion to amend was approved unanimously.
****The main motion as amended was approved unanimously.
**Councilmember Horecky moved to direct the City Manager to produce quotes to Council by the end of
fiscal year to outsource the Information Technology functions of the City.
Seconded by Councilmember Peden. The motion was approved 6-1 with Councilmember Measeles
opposed.
**Councilmember Horecky moved to direct the City Attorney to prepare a resolution, which states that the
Mayor and Councilmembers must inform Council of any meeting they attend, in which they represent the
City, in advance of attending same, except liaisons.
Seconded by Councilmember Peden. The motion was approved 4-3 with Mayor Smith, and
Councilmembers Ewing and Measeles opposed.
**Councilmember Horecky moved to direct the City Manager to obtain approval of all City publications
from Council prior to printing and distribution.
Seconded by Councilmember LeCour.
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***Councilmember Horecky moved to table for a future meeting.
Seconded by Councilmember Peden. The motion to table was approved unanimously.
**Councilmember LeCour moved to direct the City Attorney to prepare an ordinance repealing the Ethics
Ordinance.
Seconded by Councilmember Horecky. The motion was approved unanimously.
**Councilmember LeCour moved to direct the City Manager to issue a Request For Proposal (RFP) for
the services of City Attorney.
Seconded by Councilmember Horecky. The motion was approved 4-3 with Mayor Smith and
Councilmembers Ewing and Measeles opposed.
**Councilmember Peden moved to direct the City Manager to remove funding for the Main Street Project
out of the current and future budgets.
Seconded by Councilmember Hill.
***Councilmember Peden moved to amend the main motion to move the funding from the budget and
place it in the Capital Improvements Project (CIP) budget.
Seconded by Mayor Smith. The motion to amend was approved unanimously.
****The main motion, as amended, was approved unanimously.
**Councilmember Peden moved to direct the City Manager to remove the proposed animal control
building and civic center from the Capital Improvements Plan.
Seconded by Councilmember LeCour.
***Councilmember Peden moved to amend the main motion to remove the proposed animal control
building from the main motion and place this on a Work Session in the near future.
Seconded Councilmember Horecky. The motion to amend was approved 6-1 with Councilmember Hill
opposed.
****The main motion as amended failed 3-4 with Mayor Smith and Councilmembers Ewing, Hill, and
Measeles opposed.
**Councilmember Peden moved to direct the City Attorney to prepare a Resolution or Ordinance stating
the Staff may not attend outside functions representing the City or its interest without prior Council
approval.
Seconded by Councilmember Horecky. The motion was approved 5-2 with Councilmembers Ewing and
Measeles opposed.
**Councilmember Peden moved to direct the City Manager to remove commercial site plan approval from
the Planning and Zoning Commission and vest this authority in the capable hands of Staff.
Seconded by Councilmember Horecky.
***The motion and second were withdrawn with no action taken.
RESOLUTIONS
**Councilmember LeCour moved to approve Resolution R2006-13 —A Resolution of the City Council of
the City of Friendswood, Texas, REPEALING R2005-22 AND READOPTING a policy designed to limit its
power of eminent domain, as it applies to acquisitions for the purposes of economic development, except
in extreme cases where public health and welfare are at risk, and then only upon the affirmative vote of 6
members of City Council; directing that Staff prepare an ordinance effecting the policy adopted hereby;
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prohibiting the placement of any item initiating an eminent domain proceeding on a City Council agenda
until consideration by City Council of an ordinance adopting the policy established hereby; and containing
other matters relating to the subject.
Seconded by Councilmember Peden.
***The motion and second were withdrawn with no action taken.
**Councilmember LeCour moved to approve Resolution R2006-14 — A Resolution of the City Council of
the City of Friendswood, Texas, REPEALING R2005-15 AND READOPTING supporting legislative efforts
to bring increased accountability to the property tax system through reduced property tax appraisal caps.
Seconded by Councilmember Peden. The motion was approved unanimously.
ORDINANCES
**Councilmember Horecky moved to approve the first reading of Ordinance No. 2006-08, An Ordinance
amending the Code of Ordinances of the City of Friendswood, Texas, by adding to Chapter 54 thereof a
new Article VI; providing it unlawful for certain sex offenders to reside within 2,000 feet of a school or child
care facility; making certain findings; providing definitions; providing exemptions; providing for other
matters related to the subject; providing a penalty of an amount not to exceed $500 for violation of any
provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and
providing for severability.
Seconded by Councilmember Measeles.
***Councilmember LeCour moved to amend to include the wording, "a church or other place of worship
that provides children's programs or activities, child care, or nursery services, even if only incidental to
religious worship; or a public or private park facility designed and utilized for organized children's
activities" as proposed by the City Attorney.
Seconded by Councilmember Peden. The motion to amend was approved unanimously.
****The main motion as amended was approved unanimously.
**Councilmember Measeles moved to approve the first reading of Ordinance No. 2006-09, An Ordinance
amending the Code of Ordinances of the City of Friendswood, Texas, by adding to Chapter 54 thereof a
new Article VIII; providing for the designation and registration of Heritage Trees; establishing regulations
for the preservation and removal of registered Heritage Trees; establishing mitigation requirements upon
removal of registered Heritage Trees; providing other matters relating to the subject; providing a penalty
in an amount not to exceed $500.00 for each day of violation of any provision hereof; repealing all
ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability.
Seconded by Councilmember Ewing.
***Councilmember Ewing moved to amend the main motion to file for recording with Deed Records.
Seconded by Councilmember Measeles. The motion to amend was approved 4-3 with Councilmembers
Peden, Horecky and LeCour opposed.
****The main motion failed 3-4 with Councilmembers LeCour, Hill, Horecky, and Peden opposed.
**Mayor Smith moved to approve the first reading of Ordinance No. 2006-10, An Ordinance amending
Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance
No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning
Ordinance of the City, by changing the zoning classification of a certain 3.283 acre tract of land within the
City from Specific Use Permit—"Oil Well" to Single Family Residential (SFR), such tract also being out of
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Lot 58, Section 22, I&GNNR Company Survey, Abstract 616, Friendswood, Galveston County, Texas;
providing for the amendment of the City's Official Zoning Map; providing a penalty in an amount not to
exceed $2,000 for each day of violation of any provision hereof; and providing for severability.
Seconded by Councilmember Measeles. The motion was approved unanimously.
**Mayor Smith moved to approve the first reading of Ordinance No. 2006-11, An Ordinance amending
Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance
No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning
Ordinance of the City, by deleting Subparagraph "K" of Paragraph 2 of Subsection M of Section 8 thereof
and renumbering same as Paragraph 3 of Subsection M of Section 8; and providing for severability.
Seconded by Councilmember Measeles. The motion was approved unanimously.
**Mayor Smith moved to approve the first reading of Ordinance No. 2006-12, An Ordinance amending
Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance
No. 84-15, as amended, originally adopted the 19th day of November 1984, and being the Zoning
Ordinance of the City, by changing the zoning classification of a certain 2.398 acre tract of land from
Single-Family Residential (SFR) to Planned Unit Development (PUD)-Specific Use Permit (SUP)-
Residential, such tract being out of Lot 5-1 and 5-2, Block 11, Friendswood Subdivision, Sarah McKissick
League, Abstract No. 151, City of Friendswood, Galveston County, Texas, within the City; providing for
the amendment of the City's Official Zoning Map; providing a penalty in an amount not to exceed $2,000
for each day of violation of any provision hereof; and providing for severability.
Seconded by Councilmember Horecky. The motion was approved unanimously.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Measeles stated he had no report.
Councilmember Peden stated, "Good luck Mr. Goza, wherever you are."
Councilmember Horecky stated he had no report.
Councilmember Hill stated he had no report.
Councilmember LeCour stated he had no report.
Councilmember Ewing reported on the Relay for Life and the funds raised.
Mayor Smith stated he had no report.
CONSENT AGENDA
**Councilmember Peden moved to approve the Consent Agenda as presented with the exception of
Items B and G - B. Approve two appointments to fill vacancies on the Community Appearance Board. G.
Approve Minutes of April 17 and 28, 2006 and May 1, 22 and 24, 2006 Meetings. A. Disposition of Bids
and authorize Mayor to execute contracts: 1. Award Bid No. 2006-06 to Coastal Maintenance for 2006
Right of Way Mowing Project to Coastal Maintenance. 2. Award Bid No. 2006-09 to M.R.C. Ventures,
Inc. for the Sale of 1.2848 Acre Reserve out of the 3.6019 Acre Kenneth Camp Subdivision (Fire Station
#4 commercial reserve) to M.R.C. Ventures, LP. 3. Reject and Re-Bid RFP No. 2006-07 for the
Construction of New Radio Tower at New Public Safety Building. C. Authorize Interlocal Agreement with
Harris-Galveston Coastal Subsidence District for a water conservation program in conjunction with
Friendswood Independent School District and Clear Creek Independent School District. D. Authorize
Council to invoke Rule 1 (A) of the Rules of Procedure to schedule the regular July Council meetings for
6/5/06 2500
July 10 and 24 due to the Independence Day holiday. E. Approve Street Banner Permit Application for
the Friendswood Church of Christ for Community Outreach. F. Approval of the Apri1, 2006 Property Tax
Report.
Seconded by Councilmember Horecky. The motion was approved unanimously.
**Mayor Smith moved to table Items B and G - B. Approve two appointments to fill vacancies on the
Community Appearance Board. G. Approve Minutes of April 17 and 28, 2006 and May 1, 22, and 24,
2006 Meetings.
Seconded by Councilmember Peden. The motion to table was approved unanimously.
A motion was made and approved to adjourn at 2:08 AM.
C Y. �`�l U
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Mayor David J.H. ith
Attest:
1 . o� F R�ENO�
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Deloris McKenzie, T C �
City Secretary * *
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