Min - City Council - 1995 - 04/27 - WorkshopPresent:
Joe Farmer, Mayor
Couacilmembers•
Kevin Lilly, Mayor Pro Tem
David Kerr
David Bishop
Mike Nichols
Steve Terrell
Sharon Hamner
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
Call to Order and Announce a Ouoru t is Present (Agenda Item 1)
With a quorum of the Councilmembers present, the special called workshop session of the Allen City
Council was called to order by Mayor Farmer at 7:10 p.m. on Thursday, April 27, 1995, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Review and Discuss Proposed Curfew Ordinance (Agenda Item ID
Police Chief Richard Carroll reviewed juvenile crime in Allen dealing with the statistics, officer contacts
and gangs. Questions had arisen regarding the actual significance of juvenile crime in Allen and the number of
arrests compared with the number of juveniles habitating in Allen. Chief Carroll also reviewed the rise in
juvenile crime between 1992 and 1994. The Allen Police Department has been contacted by officers from other
cities and when arrestees have been asked why the kids me in Allen, they comment the surrounding cities have
curfew ordinances, whereas the City of Allen does not. Although the City of Allen does not have a large gang
element at the present time, that element is Just around the comer.
Chief Carroll informed the Council that surrounding cities including Richardson, Plano and McKinney
have already adopted a curfew ordinance Discussion was held regarding how the police department would
handle children or Juveniles frequenting eating establishments past the curfew hour. Department policy would
dictate how such an incident would be handled. At the present time, the police department does not stop an
individual for "the sake of stopping an individual." There needs to be a reasonable concern that another violation
has taken place. Chief Carroll also reviewed the amount of involvement of citizens in this issue. Chief Carroll
again reviewed the freshman English class having written an essay regarding this subject. It appears that those
who were opposed to a curfew ordinance would be dealt with by the defenses in the ordinance.
ALLEN CITY COUNCIL
SPECIAL CALLED WORKSHOP
MUNICIPAL ANNEX
APRIL 27, 1995 - 7:00 P.M.
Present:
Joe Farmer, Mayor
Couacilmembers•
Kevin Lilly, Mayor Pro Tem
David Kerr
David Bishop
Mike Nichols
Steve Terrell
Sharon Hamner
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
Call to Order and Announce a Ouoru t is Present (Agenda Item 1)
With a quorum of the Councilmembers present, the special called workshop session of the Allen City
Council was called to order by Mayor Farmer at 7:10 p.m. on Thursday, April 27, 1995, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Review and Discuss Proposed Curfew Ordinance (Agenda Item ID
Police Chief Richard Carroll reviewed juvenile crime in Allen dealing with the statistics, officer contacts
and gangs. Questions had arisen regarding the actual significance of juvenile crime in Allen and the number of
arrests compared with the number of juveniles habitating in Allen. Chief Carroll also reviewed the rise in
juvenile crime between 1992 and 1994. The Allen Police Department has been contacted by officers from other
cities and when arrestees have been asked why the kids me in Allen, they comment the surrounding cities have
curfew ordinances, whereas the City of Allen does not. Although the City of Allen does not have a large gang
element at the present time, that element is Just around the comer.
Chief Carroll informed the Council that surrounding cities including Richardson, Plano and McKinney
have already adopted a curfew ordinance Discussion was held regarding how the police department would
handle children or Juveniles frequenting eating establishments past the curfew hour. Department policy would
dictate how such an incident would be handled. At the present time, the police department does not stop an
individual for "the sake of stopping an individual." There needs to be a reasonable concern that another violation
has taken place. Chief Carroll also reviewed the amount of involvement of citizens in this issue. Chief Carroll
again reviewed the freshman English class having written an essay regarding this subject. It appears that those
who were opposed to a curfew ordinance would be dealt with by the defenses in the ordinance.
ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 27, 1995 PAGE 2
Discussion was held regarding certain establishments in town that harbor and encourage loitering in their
establishments rather than those establishments that are offering a place for someone to get a bite to eat. Juveniles
would normally not be stopped on the highway unless there is other reasonable cause for the stop.
Chief Carroll began a review of the curfew ordinance with Section 2.C. dealing with the owner or
operator of an establishment committing an offense if he/she knowingly allows a child to remain upon the
premises of the establishment during curfew hours. This is written into the ordinance to keep establishments from
harboring and making a "safe haven" for kids. It has also been tested in Federal Court and holds up to a high
court decision. It was suggested that the term "harbor' be used in this section or other language that the attorney
might submit -possibly "willful' to clarify this section. Council felt flus particular item needs to be dealt with in
a police department policy
It was suggested that all gender references be removed from the ordinance.
A question was raised regarding the hour established for curfew Surrounding communities have set the
same time; therefore, Allen is wishing to comply with surrounding communities. Also, people in general feel
like this is a reasonable time for children to he in for the evening. A question was raised regarding summertime
hours. There is no differential in the ordinance regarding summertime opposed to school months.
Council took a brief recess.
® Review and Discuss the First Offender Prom'am (Agenda Item III)
Rather than seeking action from the Council on the First Offender Program, rhe Allen Police Department
is seeking input on basic concepts of the program. Discussion was held regarding liability involved of the City
during community service programs. The program will continue to be handled by the municipal judge and a set
of criteria may need to be met before a child can actually qualify for the program. The police department is
monitoring legislation that may affect this type of program.
The First Offender Program is designed to redirect the juvenile's behavior pattern; to provide an alternate
sentencing structure to the established court setting; and to establish values for the repayment of debt to society
Items of interest
There were no items of interest
Executive Session
(Agenda Item IV)
(Agenda Item V)
In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section
551.072, and Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at
9:07 p.min the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to
discuss matters pertaining to property purchase.
The Executive Session was adjourned at 10:36 p.m.
ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 27, 1995
Reconvene
PAGE 3
(Agenda Item VI)
The Allen City Council reconvened into regular session at 10:37 p.m. on Thursday, April 27, 1995, in
the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during
Executive Session.
Adjourn
(Agenda Item VII)
MOTION: Upon a motion made by Councilmember Kerr and seconded by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 10:38 p.m. on Thursday, April 27, 1995. The motion carried.
These minutes approved on the 4th day of May , 1995.
APPROVED:
oe Farmer, MAYOR
ATTEST:
Wy Mori son, CMC, CITY SECRETARY