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Min - City Council - 1995 - 05/11 - Special CalledPresent: Joe Farmer, Mayor Councibnembers• Kevin Lilly, Mayor Pro Tem ALLEN CITY COUNCIL SPECIAL CALLED MEETING CANVASS OF ELECTION MAY 11, 1995 Present: Joe Farmer, Mayor Councibnembers• Kevin Lilly, Mayor Pro Tem City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT (Agenda Item 1) With a quorum of the Councdmembers present, the canvass of election special called meeting of the Allen City Council was called to order by Mayor Farmer at 7:05 p.m. on Thursday, May 11, 1995, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Canvass of Election Returns for the May 6. 1995 General and Special Election (Agenda Item ID City Secretary Judy Morrison reviewed for the City Council the election returns for the City Council General and Special Election for City Councilmembers and Proposed Amendments to the Home Rule City Charter held on Saturday, May 6, 1995. Mrs. Morrison reviewed hand-out materials that were distributed including recent voting history, early voting accumulated totals, election day accumulated totals and the combined election day and early accumulated totals. She also reviewed voting statistics including the number of registered voters — 15,280 — which indicated an 11 % voter turnout. The precinct totals verified the following results: David Kerr David Bishop Doug Gallagher Mike Nichols (absent) Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT (Agenda Item 1) With a quorum of the Councdmembers present, the canvass of election special called meeting of the Allen City Council was called to order by Mayor Farmer at 7:05 p.m. on Thursday, May 11, 1995, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Canvass of Election Returns for the May 6. 1995 General and Special Election (Agenda Item ID City Secretary Judy Morrison reviewed for the City Council the election returns for the City Council General and Special Election for City Councilmembers and Proposed Amendments to the Home Rule City Charter held on Saturday, May 6, 1995. Mrs. Morrison reviewed hand-out materials that were distributed including recent voting history, early voting accumulated totals, election day accumulated totals and the combined election day and early accumulated totals. She also reviewed voting statistics including the number of registered voters — 15,280 — which indicated an 11 % voter turnout. The precinct totals verified the following results: COUNCILMEMBER PLACE NO. 1 KEVIN L. LILLY 490 COUNCILMEMBER PLACE NO. 3 PAGE 2 REGULAR VOTES TOTAL VOTES CAST CAST 610 1100 STEVE ALLEN 328 379 707 DOUG GALLAGHER 344 469 813 COUNCILMEMBER PLACE NO. 5 STEVE TERRELL 471 597 1068 PROPOSITION NO. 1 - Shall Sections 1.01, 1.01A and 1.0111 of the Allen City Charter be amended to provide that the original incorporation of the City and the subsequent annexation and disamexation be established by an official map of the City; and to provide the City with the same authority to annex and disannex in accordance with the laws of the State of Texas applicable to home rule cities. "FOR" 583 742 1325 "AGAINST" 89 85 174 1 PROPOSITION NO. 2 - Shall Sections 2.02, 2.05, 2.10, 2.11, 2.14, 2.18 and 7.04('7) of the Allen City Charter be amended to clarify the language regarding City Council qualifications, filling a vacancy for Mayor, the Council powers of appointment, inquiry and investigation, recording of the minutes of meetings, and holding more than one elected office. "FOR" 581 748 1329 "AGAINST" 87 88 175 PROPOSITION NO. 3 - Shall Section 3.02(3) of the Allen City Charter be amended to clarify the duties of the City Manager to provide a financial report at the end of each fiscal year. "FOR" 632 815 1447 "AGAINST" 66 37 103 PROPOSITION NO. 4 - Shall Section 2.12 be deleted and Section 3.05 of the Allen City Charter be amended to permit the City Council to establish such administrative departments as are necessary to provide for the public safety, public works, recreation, library, finance, and other service and administrative functions; and to establish such advisory boards as are necessary to assist in carrying out municipal functions and activities. ALLEN CITY COUNCIL 655 WORKSHOP SESSION MAY 11, 1995 180 EARLY VOTES CAST COUNCILMEMBER PLACE NO. 1 KEVIN L. LILLY 490 COUNCILMEMBER PLACE NO. 3 PAGE 2 REGULAR VOTES TOTAL VOTES CAST CAST 610 1100 STEVE ALLEN 328 379 707 DOUG GALLAGHER 344 469 813 COUNCILMEMBER PLACE NO. 5 STEVE TERRELL 471 597 1068 PROPOSITION NO. 1 - Shall Sections 1.01, 1.01A and 1.0111 of the Allen City Charter be amended to provide that the original incorporation of the City and the subsequent annexation and disamexation be established by an official map of the City; and to provide the City with the same authority to annex and disannex in accordance with the laws of the State of Texas applicable to home rule cities. "FOR" 583 742 1325 "AGAINST" 89 85 174 1 PROPOSITION NO. 2 - Shall Sections 2.02, 2.05, 2.10, 2.11, 2.14, 2.18 and 7.04('7) of the Allen City Charter be amended to clarify the language regarding City Council qualifications, filling a vacancy for Mayor, the Council powers of appointment, inquiry and investigation, recording of the minutes of meetings, and holding more than one elected office. "FOR" 581 748 1329 "AGAINST" 87 88 175 PROPOSITION NO. 3 - Shall Section 3.02(3) of the Allen City Charter be amended to clarify the duties of the City Manager to provide a financial report at the end of each fiscal year. "FOR" 632 815 1447 "AGAINST" 66 37 103 PROPOSITION NO. 4 - Shall Section 2.12 be deleted and Section 3.05 of the Allen City Charter be amended to permit the City Council to establish such administrative departments as are necessary to provide for the public safety, public works, recreation, library, finance, and other service and administrative functions; and to establish such advisory boards as are necessary to assist in carrying out municipal functions and activities. "FOR" 523 655 1178 "AGAINST" 157 180 337 PROPOSITION NO. 5 - Shall Section 4.02(3) of the Allen City Charter be amended to clarify the detail of the contents of the City budget. "FOR" 639 794 1433 "AGAINST" 52 39 91 ALLEN CITY COUNCIL t WORKSHOP SESSION MAY 11, 1995 PAGE 3 PROPOSITION NO. 6 - Shall Section 7.03 of the Allen City Charter be amended to clarify language, improve the grammar, and to conform with state law to provide a person may become a candidate for election to the City Council by rding an application with the City Secretary or a petition meeting the requirements of the Texas Election Code accompanied by a riling fee set by ordinance. "FOR" 627 776 1403 "AGAINST" 60 59 119 PROPOSITION NO. 7 - Shall Section 8.03 of the Allen City Charter be amended to clarify that the City may not purchase a public utility without voter approval. "FOR" 641 801 1442 "AGAINST" 52 46 98 PROPOSITION NO. 8 - Shall Section 8.04(c) of the Allen City Charter be amended to provide that an ordinance granting a franchise must be approved by the City Council at three (3) regular meetings of the City Council. "FOR" 561 667 1228 1 "AGAINST" 107 154 261 PROPOSITION NO. 9 - Shall Section 9.11 of the Allen City Charter be amended to clarify language with respect to the authority of a court of appropriate jurisdiction to order an election if the City Council fails or refuses to order an election following a successful petition for recall of councilmembers. "FOR" 604 761 1365 "AGAINST" 60 52 112 PROPOSITION NO. 10 - Shall Section 5.04 of the Allen City Charter be amended to provide that the bond register shall be kept by the City Finance Director. "FOR" 588 721 1309 "AGAINST" 73 61 134 PROPOSITION NO. 11 - Shall Section 10.05 of the Allen City Charter be amended to clarify the language to prohibit an offlcer or employee of the City from having a direct or indirect financial interest in any contract with the City, or in my sale to the City of any land, materials, supplies, or services to the City, to provide for the removal from office for such a violation, and to add a new subsection to adopt state law regulating conflict of interests of local public officials. "FOR" 620 788 1408 "AGAINST" 56 43 99 ALLEN CITY COUNCIL WORKSHOP SESSION MAY 11, 1995 PAGE 4 PROPOSITION NO. 12 - Shall Section 10.08 of the Allen City Charter be amended to require that a person must notify the City of a claim against the City within six (6) months of an occurrence causing damages or injury, in accordance with state law. "FOR" 598 729 1327 "AGAINST" 86 111 197 PROPOSITION NO. 13 - Sha0 the Allen City Charter be amended to conform with state law with respect to elections, municipal court, revenue bonds, municipal judges, boards and commissions, city council meetings, special assessments, tax assessor -collector, assessment and collection of taxes and nepotism by amending the following sections and paragraphs: 1.02, 2.04, 2.06, 2.09, 2.13, 2.14, 2.15, 3.08, 5.02, 6.01-6.20, 7.01, 7.029 7.04(5), 7.06, 7.07, 7.08, 9.07, 9.13, 10.02 and 10.04. "FOR" 614 753 1367 "AGAINST" 67 60 127 PROPOSITION NO. 14 - Shall the Allen City Charter be amended to delete obsolete references to charter and state law by amending the following sections and paragraphs: 1.03B, 8.01 and 8.02. "FOR" 580 732 1312 "AGAINST" 92 69 161 PROPOSITION NO. 15 - Shall the Allen City Charter be amended to delete obsolete and redundant provisions of the charter without making substantive change by amending the following sections and paragraphs: 2.01, 2.16, 2.17, 7.04(1) and (2), 9.14, 9.20, 10.10, 10.14 and 10.15. "FOR" 586 731 1317 "AGAINST" 85 77 162 PROPOSITION NO. 16 - Shall the Allen City Charter be amended to clarify language without making substantive change, improve the grammar, and eliminate gender references by making the charter gender neutral, by amending the following sections and paragraphs: 2.01, 2.03, 2.05, 2.07, 2.08, 2.10, 2.16, 3.01, 3.02, 3.03, 3.04, 3.08, 7.04, 7.04(3), 7.04(4), 7.04(6), 7.09, 9.01, 9.02, 9.03, 9.04, 9.06, 9.09, 9.10, 10.03, 10.08, 10.09 and 10.13. "FOR" 571 672 1243 "AGAINST" 101 136 237 PROPOSITION NO. 17 - Shall the Allen City Charter be amended to add Section 10.16 to permit the City Council, by ordinance, to renumber and rearrange a0 articles, sections and paragraphs of the Charter or any amendments thereto, as it shall deem appropriate. "FOR" 548 662 1210 "AGAINST" 126 139 265 I ALLEN CITY COUNCIL WORKSHOP SESSION MAY 11, 1995 PAGE 5 Consider a Resolution Declaring Results of the May 6. 1995 General and Special Election (Agenda Item III) The proposed resolution shows cumulative votes cast in the election being 1,620 with the following individuals being declared to receive the highest number of votes and being declared as the 'official elected" Councilmembers with terms of office to expire May of 1997 Place No. 1 — Kevin L. Lilly Place No. 3 — Doug Gallagher Place No. 5 — Steve Terrell Resolution No. 1333-5-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Declaring the Results of the General and Special Election of the City of ABea Held May 6, 1995 for City Councilmembers and Proposed Amendments to the Home Rule City Charter. MOTION: Upon a motion made by Councilmember Kerr and seconded by Councilmember Hamner, the Council voted six (6) for and none (0) opposed to approve Resolution No. 1333-5-95(R) as previously captioned. The motion carried. Administration of Oaths of Office and Presentation of Certificates of Election (Agenda Item IV) City Secretary Judy Morrison administered the Oaths of Office to newly elected Councilmember Doug Gallagher, Place No. 3 and re-elected Counctlmembers Kevin L. Lilly, Place No. 1, and Steve Terrell, Place No. 5. Mayor Farmer presented Certificates to Election to Councilmembers Lilly, Gallagher and Terrell and offered congratulations to those individuals. At this time, Councilmember David Bishop stepped down from the Council Bench and newly elected Councilmember Doug Gallagher stepped up to the Council Bench. Election of a Mayor Pro Tem (Agenda Item V) The Allen City Council is authorized by the City Charter to elect from among themselves a Mayor Pro Tem at the first meeting following the election. Councilmember Hamner nominated Councilmember Kevin Lilly as Mayor Pro Tem for the Allen City Council. With no other nominations from the floor, a motion was made MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Terrell, the Council voted five (5) for and none (0) opposed with Councilmember Kevin Lilly abstaining that nominations cease and that Kevin Lilly be elected by acclamation to the designated place of Mayor Pro Tem on the Allen City Council. The motion carried. ALLEN CITY COUNCIL WORKSHOP SESSION MAY 11, 1995 PAGE 6 Introduction of Newly Appointed Members of the Plannine and Zonine Commission (Agenda Item VI) Bill Petty, Director of Community Development, introduced three (3) new members of the Planning and Zoning Commission to the Council — Susan Bartlemay, Place No. 1, Ross Obermeyer, Place No. 4, and Bruce Heller, Place No. 5. Items of Interest to the Council (Agenda Item V) City Secretary Judy Morrison reviewed the Collin County Bond Election results for Allen, McKinney, Plano and Richardson. The bond election results are as follows: ACCUMULATED TOTALS FOR COLLIN COUNTY - ALL PRECINCTS: [COMBINED EARLY VOTING AND ELECTION DAY BALLOTS] PROP NO. 1 57.83 PROP NO. 2 56.99 COLLIN COUNTY SPECIAL BOND ELECTION MAY 6, 1995 ELECTION PERCENT OF BALLOTS CAST IN FAVOR OF THE PROPOSITIONS PROPOSITION NO. 1 - $45,400,000 ROAD BONDS PROPOSITION NO. 2 - $5,000,000 FOR JUVENILE DETENTION FACILITIES EARLY ELECTION DAY TOTAL PERCENT ALLEN: PROP NO. 1 69.54% 75.64% 72.59% PROP NO.2 53.31 57.34 55.33 MC KINNEY: PROP NO. 1 63.21 60.67 61.94 PROP NO. 2 56.50 56.85 56.68 PLANO: PROP NO. 1 57.53 52.27 5490 PROP NO. 2 5977 55.10 5744 RICHARDSON: PROP NO. 1 63.36 61.49 62.43 PROP NO. 2 69.23 63.07 66.15 ACCUMULATED TOTALS FOR COLLIN COUNTY - ALL PRECINCTS: [COMBINED EARLY VOTING AND ELECTION DAY BALLOTS] PROP NO. 1 57.83 PROP NO. 2 56.99 ALLEN CITY COUNCIL WORKSHOP SESSION MAY 11, 1995 PAGE 7 Mayor Farmer complimented the Allen delegation of the Collin County Bond Committee. The members of the Committee were E. T Boon, Don Brazeal, Jack Pemmngton and Jerry Wilson. Adjourn (Agenda Item VI) The special called meeting of the Allen City Council to canvass the election was adjourned at 7:18 p.m. on Thursday, May 11, 1995. These minutes approved on the 18th day of May , 1995. APPROVED: 'Joe Farmer, MAYOR 1 ATTEST: Ju orr' n, CMC, CITY SECRETARY