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Min - City Council - 2015 - 05/19 - Special CalledALLEN CITY COUNCIL SPECIAL CALLED MEETING CANVASS OF THE ELECTION MAY 19, 2015 Present Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer (absent) Ross Obermeyer (arrived at 3'03 p.m.) Joev Herald Robin L. Sedlacek Baine Brooks City Staff: Peter H. Vargas, City Manager Shelley B. George, City Secretary Peter G. Smith, City Attorney (absent) Shelli Siemer, Assistant City Manager Eric Ellwanger, Assistant to the City Manager Rocio Gonzalez, Senior Administrative Assistant Call to Order and Announce a Ouorum is Present With a quorum of the Councilmembers present, the Special Called Meeting of the Allen City Council was called to order by Mayor Terrell at 3:00 p in. on Tuesday. May 19, 2015, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Consider All Matters Incident and Related to the General and Soecial Election Held on Mav 9. 2015 1. Canvass of Election Returns City Secretary Shelley George reviewed for the City Council the election returns for the City Council General Election of Councdmember Place Nos. 1, 3 and 5 and the Special Election for Proposed Amendments to the Home Rule City Charter She distributed and reviewed handout materials including early voting totals, Election Day totals, and the combined Election Day totals She also reviewed voting statistics including 52,414 registered voters and 1,815 total votes, which indicated a 3.5 % voter turnout Votes cast by military overseas ballots (FPCA - Federal Post Card Application) and provisional ballots have been verified by the Early Voting Ballot Board and are included in the verified totals. The totals verified the following results: 1 1 ALLEN CITY COUNCIL CANVASS OF THE ELECTION MAY 19, 2015 PAGE 2 EARLY REGULAR TOTAL VOTES VOTES VOTES CAST CAST CAST COUNCILMEMBER PLACE NO. 1 KURT KIZER 815 382 1,197 COUNCILMEMBER PLACE NO. 3 JOEY HERALD 825 387 1,212 COUNCILMEMBER PLACE NO. 5 GARY CAPLINGER 866 414 1,280 PROPOSITION 1: Shall Article II, Sections 2.02 of the Allen City Charter be amended to require members of the City Council to be a qualified voter for at least six (6) months as of the time of filing for election to the City Council? "FOR" 1,116 527 1,643 "AGAINST" 50 45 95 PROPOSITION 2: Shall Article II, Sections 2.04 and 2.05 of the Allen City Charter be amended to authorize the City Council to fill by appointment a vacancy in the office of Mayor or Councilmember when less than one year remains on the term of the office vacated as allowed by state law? "FOR" 1,008 434 1,442 "AGAINST" 140 125 265 PROPOSITION 3: Shall Article II, Section 2.15 of the Allen City Charter be amended to eliminate clerical duties not required by state law relating to the recordkeeping of approved ordinances? "FOR" 944 451 1,395 "AGAINST" 174 90 264 PROPOSITION 4: Shall Article II, Section 2.16 of the Allen City Charter be amended to amend the manner of calling a special meeting to comply with state law? "FOR" 1,039 488 1,527 "AGAINST" 71 56 127 PROPOSITION 5: Shall Article II, Section 2.18 of the Allen City Charter be amended to delete redundant language regarding rules of procedure found in Section 2.19 and change the caption of said section to conform to such amendment? "FOR" 1,064 503 1,567 "AGAINST" 51 37 88 ALLEN CITY COUNCIL CANVASS OF THE ELECTION MAY 19, 2015 PAGE 3 EARLY REGULAR TOTAL VOTES VOTES VOTES CAST CAST CAST PROPOSITION 6: Shall Article II, Section 2.19 of the Allen City Charter be amended to delete redundant language regarding minutes of meetings found in Section 2.18? "FOR" 1,056 499 1,555 "AGAINST" 64 49 113 PROPOSITION 7: Shall Article II, Section 2.19 of the Allen City Charter be amended to delete the requirement that votes of the City Council be specifically taken by the "ayes' and PROPOSITION 11: Shall Article VII, Section 7.03 of the Allen City Charter be amended to amend the requirements of a petition for a place on the ballot for election to the office of Mayor or councilmember to conform to state law and the charter? "FOR" 1,024 477 1,501 "AGAINST" 67 49 116 PROPOSITION 12: Shall Article VII, Section 7.03 of the Allen City Charter be amended to add procedures for becoming a write-in candidate for election to the office of Mayor or councilmember? "FOR" 954 433 1,387 "AGAINST" 140 94 234 "nays"? "FOR" 776 342 1,118 "AGAINST" 341 198 539 PROPOSITIONS: Shall Article IV, Section 4.04 of the Allen City Charter be amended to provide for notice of public hearings on the city budget as required by state law? "FOR" 1,089 526 1,615 "AGAINST" 39 28 67 ' PROPOSITION 9: Shall Article IV, Section 4.09 of the Allen City Charter be amended to delete the requirement to reproduce copies of the city budget by mimeograph? "FOR" 1,035 505 1,540 "AGAINST" 89 39 128 PROPOSITION 10: Shall Article VI, Section 6.03 of the Allen City Charter be amended to change the due date and delinquency date for payment of ad valorem taxes to conform to state law? "FOR" 1,017 483 1,500 "AGAINST" 73 42 115 PROPOSITION 11: Shall Article VII, Section 7.03 of the Allen City Charter be amended to amend the requirements of a petition for a place on the ballot for election to the office of Mayor or councilmember to conform to state law and the charter? "FOR" 1,024 477 1,501 "AGAINST" 67 49 116 PROPOSITION 12: Shall Article VII, Section 7.03 of the Allen City Charter be amended to add procedures for becoming a write-in candidate for election to the office of Mayor or councilmember? "FOR" 954 433 1,387 "AGAINST" 140 94 234 ALLEN CITY COUNCIL CANVASS OF THE ELECTION MAY 19, 2015 PAGE 4 EARLY REGULAR TOTAL VOTES VOTES VOTES CAST CAST CAST PROPOSITION 13: Shall Article VII, Section 7.03 of the Allen City Charter be amended to provide that the filing period for candidates for the office of Mayor or councilmember be in accordance with state law? "FOR" 1,076 515 1,591 "AGAINST" 31 23 54 PROPOSITION 14: Shall Article VIII, Section 8.04 of the Allen City Charter be amended to comply with state law to repeal the city council's option to submit an application for a franchise to an election to be considered by the voters and its subsections re -lettered to conform to such amendment? PROPOSITION 16: Shall Article IX, Section 9.03 of the Allen City Charter be amended to correct the form of a recall petition for city council to include a place for the notarized signature of the circulator of the petition? "FOR" 1,007 462 1,469 "AGAINST" 68 43 111 PROPOSITION 17: Shall Article IX, Section 9.05 of the Allen City Charter be amended to change the time period for the city secretary to present a recall petition to the city council from five (5) days to fifteen (15) business days after the petition is filed with the city secretary? "FOR" 920 415 1,335 "AGAINST" 149 99 248 PROPOSITION 1S: Shall Article IS, Section 9.10 of the Allen City Charter be amended to prohibit the filing of a recall petition for a member of the city council within six (6) months after such person's election to office and within six (6) months after an election for such officer's recall? "FOR" 830 384 1,214 "AGAINST" 219 121 340 "FOR" 935 431 1,366 "AGAINST" 102 68 170 PROPOSITION 15: Shall Article IX, Section 9.02 of the Allen City Charter be amended to change the number of signatures required for a recall petition for a member of the city council to ten (10%) percent of the total registered voters appearing on the voter registration list issued by the Collin County Elections Administrator as of the date of the last general election for city officers? "FOR" 865 389 1,254 "AGAINST" 180 120 300 PROPOSITION 16: Shall Article IX, Section 9.03 of the Allen City Charter be amended to correct the form of a recall petition for city council to include a place for the notarized signature of the circulator of the petition? "FOR" 1,007 462 1,469 "AGAINST" 68 43 111 PROPOSITION 17: Shall Article IX, Section 9.05 of the Allen City Charter be amended to change the time period for the city secretary to present a recall petition to the city council from five (5) days to fifteen (15) business days after the petition is filed with the city secretary? "FOR" 920 415 1,335 "AGAINST" 149 99 248 PROPOSITION 1S: Shall Article IS, Section 9.10 of the Allen City Charter be amended to prohibit the filing of a recall petition for a member of the city council within six (6) months after such person's election to office and within six (6) months after an election for such officer's recall? "FOR" 830 384 1,214 "AGAINST" 219 121 340 ALLEN CITY COUNCIL CANVASS OF THE ELECTION MAY 19, 2015 PAGE 5 1 EARLY REGULAR TOTAL VOTES VOTES VOTES CAST CAST CAST PROPOSITION 19: Shall Article LX, Section 9.13 of the Allen City Charter be amended to require an initiative petition to be signed by ten percent (10%) of the total number of registered voters of the city appearing on the voters registration list issued by the Collin County Elections Administrator as of the date of the last general election for city officers? "FOR" 864 394 1,258 "AGAINST" 163 111 274 PROPOSITION 20: Shall Article IX, Section 9.13 of the Allen City Charter be amended to change the time period for the city secretary to present an initiative petition to the city council from five (5) days to fifteen (15) business days after the petition is Bled with the city secretary? "FOR" 912 411 1,323 "AGAINST" 146 102 248 2. Adopt a Resolution Declaring the Results of the General Election for City Councilmembers and of the Special Election for Proposed Amendments to the Home Rule City Charter. RESOLUTION NO. 3303-5-15(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 ALLEN HELD MAY 9, 2015, FOR CITY COUNCILMEMBERS AND PROPOSED AMENDMENTS TO THE HOME RULE CITY CHARTER, AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion by Councilmember Herald and a second by Councdmember Brooks, the Council voted five (5) for and none (0) opposed to approve Resolution No. 3303-5-15(R), as previously captioned, declaring the results of the May 9, 2015, General and Special Elections. The motion carried. Consider All Matters Incident and Related to the Bond Election Held on May 9, 2015 Canvass of Election Returns. City Secretary Shelley George reviewed for the City Council the election returns for the City of Allen Bond Election. Votes cast by military overseas ballots (FPGA - Federal Post Card Application) and provisional ballots have been verified by the Early Voting Ballot Board and are included in the verified totals. The totals verified the following results: 1 ALLEN CITY COUNCIL CANVASS OF THE ELECTION MAY 19, 2015 PAGE 6 EARLY REGULAR TOTAL VOTES VOTES VOTES CAST CAST CAST PROPOSITION NO. 1 - THE REVOCATION OF $16,685,000 OF GENERAL OBLIGATION BONDS TO CONTSTRUCT AND EQUIP A PERFORMING ARTS CENTER. "FOR" 875 415 1,290 "AGAINST" 240 138 378 4. Adopt a Resolution Declaring the Results of the Bond Election. RESOLUTION NO. 3304-5-15(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD MAY 9, 2015. MOTION: Upon a motion by Councilmember Sedlacek and a second by Councilmember Brooks, the Council voted five (5) for and none (0) opposed to approve Resolution No. 3304-5-15(R), as previously captioned, declaring the results of the May 9, 2015, Bond Election. The motion carried ' Councilmember Obermeyer took his seat at the council dais. Other Business 5. Items of Interest. [Council announcements regarding local civic and charitable events, meetings, fundraisers, and awards J MOTION: Upon a motion by Councilmember Obermeyer and a second by Councilmember Brooks, the Council voted six (6) for and none (0) opposed to adjourn the Special Called Meeting of the Allen City Council at 3*04 p in. on Tuesday, May 19, 2015. The motion carried These minutes approved on the 26th day of May 2015. APPROVED: S ephen errell, MAYOR I:r WY*91W Shelley B. Geos e, TRMC, CIT SECRETARY