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Minutes TC 05/14/2019 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,MAY 14,2019,7:00 P.M. LOCATION:1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS COUNCIL CHAMBERS The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, May 14, 2019. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Philip Shoffner Mayor Pro Tern, Place 6 Alicia L. Fleury Council Member, Place 1 Eric Jensen Council Member, Place 2 Sean Bone Council Member-Elect, Place 3 Greg Lamont Council Member, Place 5 Michael Geraci Council Member-Elect, Place 5 STAFF PRESENT: Jonathan Phillips Director of Administrative&Financial Services Tony Jaramillo Director of Parks and Recreation David Dodd Town Attorney Jill Lind Communications and Marketing Manager Holly Fimbres Town Secretary/RMO Mike Pastor Information Technology Manager Patrick Arata Police Chief Tommy Uzee Director of Community Development Wade Carroll Fire Chief Steve Woodard Police Captain Mayor Sanders announced the date of Tuesday, May 14, 2019, called the Town Council to order and announced a quorum at 7:00 p.m. Additionally, he announced that Council Member Kurtz had sent a letter of resignation on Monday, May 13, 2019, and an election to fill the remainder of an unexpired term for Place 4 would be ordered and conducted within 120 days. Mr. Kurtz resigned due to his work commitments no longer allowing him to commit the necessary time to the position, which has caused him to miss a number of meetings. Mr. Kurtz appreciated his time on Council and felt that the Town deserved someone who could put the time and effort into serving. The Invocation was offered by Senior Minister Jeff Brooks with Lake Cities Church of Christ. The Pledges to the American Flag and Texas Flag were led by Council Member Fleury. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s)of your statement. Topics of presentation should be limited to matters over which the Council has authority. Kelly Castonguay and Mindi Bone, representing the Stars and Stripes Committee, provided an update regarding the Memorial Day Ceremony scheduled for Monday, May 27, 2019, at 10:00 a.m., at Medlin Cemetery. Parking would be available at the top portion of the Trophy Club Country Club parking lot and golf cart transportation would be provided to and from Medlin Cemetery. The planting of flags would begin at 6:00 p.m. on May 25, 2019. Additionally,they acknowledged the Metroport Veterans Association for their involvement and assistance. John Lynch, 525 Indian Creek Drive, stated that he has been a Town resident for over 20 years. The Council had a difficult job and he wanted to take the time to thank each of them. There have been some recent misfortunes and he hoped that everyone could proceed positively in the future. He recommended that each Council Member be elected by districts,as opposed to being elected at-large-by-place. Megan Keohen,68 Panorama Circle, imposed the question why the Town did not have a homestead exemption on Town taxes when surrounding cities offered such exemption. Also, she felt that the Town's Summer Adventure Camp registration should be opened to Town residents first at cost and then any remaining slots be opened to non-residents at a higher rate. She also believed that the required waiver form for camp registrants was severe and had a lot of unsettling language. Lastly,she asked that the Council continue to focus on what was best for the residents. 1. Consider and take appropriate action regarding a Resolution recognizing former Council Member Rhylan Rowe for his service to the Town of Trophy Club and remarks to and from former Council Member Rowe (Mayor Sanders). Mayor Pro Tem Shoffner read the resolution into the record. Motion: Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Jensen,to approve Resolution No. 2019- 08, recognizing former Council Member Rhylan Rowe for his service to the Town of Trophy Club. Motion carried unanimously 5-0-0. Mayor Sanders reminisced about the fun times the Council enjoyed while Rhylan served on Council. On several occasions, Rhylan incorporated City of Hamilton stories during Council meeting,which was where he grew up. The Mayor remembered multiple times when Rhylan would be writing computer software code and never miss a beat in Council discussions. Rhylan had the ability to keep Council focused on the key issues at hand. He thanked Rhylan for his time and service that he offered to the Town. Council Member Lamont stated that Rhylan was the smartest person on Council and his brilliance was beyond comprehension. He truly hoped that Rhylan would run for Town Council again because Trophy Club was a better place when he was on Council. Mayor Pro Tem Shoffner read a quote by Oscar Wilde, "I am so clever that sometimes I don't understand a single word of what I am saying." He stated that for the five years that he has been Council, he understood about half of what Rhylan spoke about because he was so bright. He provided the following example of Rhylan's brilliance, when Place 6 was created in May 2013, with the passage of Proposition No. 18, it called for an election to be held in November 2013 for an initial term of office expiring in the May 2016 election;thereafter Place 6 shall have three year terms. Therefore in essence, the first portion of his term was partial and would not count against him regarding term limits. During the May 2019 election cycle, someone asked his opponent, Michael Pipkins, why he had switched positions from Place 5 to Place 6. Mr. Pipkins had responded that he made the decision to run against Shoffner instead, because Philip has had the opportunity to serve with just shy of two full terms. It was nothing against Philip, he was a fine man, but he felt it was time for Philip to move on to serve the community in some other way. Mayor Pro Tern Shoffner had debated how to counter his opponents comment and he decided that he would list some accomplishments during his time on Council. He reached out to Rhylan to assist in the list and within five minutes Rhylan sent a large list back to him. Throughout Rhylan's time on Council, he stood firm for resident and property owner rights. Rhylan was intricately involved in every decision the Council made and all their accomplishments. He agreed that the Council was much better when Rhylan was on Council. Over the last 34 years, the Council that Rhylan had served on was the second longest Council that served together, and the heart and soul was Rhylan. He appreciated Rhylan's service that ultimately benefitted the Town in a large way. Council Member Jensen echoed with all the comments made about Rhylan being the smartest man on Council and he also considered Rhylan a great friend. There was a great amount of time and effort that went into serving on the Council and he thanked Rhylan for all his hard work. Council Member Fleury loved Rhylan's spirit and heart and stated that he was truly a nice guy trying to do the right thing. She appreciated everything that she learned from Rhylan and hoped that he would serve on Council again because Council was better with him on it. Town Council Minutes May 14,2019 Page 2 of 10 Mayor Sanders presented Rhylan with the resolution,a plaque,and his nameplate from the dais. Rhylan Rowe thanked everyone for their kind comments. There was a lot of hard work and responsibility that was required to serve on Council. He gave a big thank you to his wife and children for their support during his four and a half years on Council. Serving on Council required a lot of time away from his family and they helped with logistics so that he could make each Council meeting. He and his wife had the perfect balance and worked well together because he was a make right type of person and his wife was a make peace type of person. He hoped that the Town would find the same type of balance. He appreciated getting to know so many great residents who volunteered to serve on boards and commissions over the course of his time on Council. Additionally, he thanked the Council for their acknowledgment. 2. Consider and take appropriate action regarding a Resolution recognizing Council Member Greg Lamont for his service to the Town of Trophy Club and remarks to and from Council Member Lamont(Mayor Sanders). Mayor Sanders read the resolution into the record. Motion: Motion made by Mayor Sanders, seconded by Mayor Pro Tem Shoffner, to approve Resolution No. 2019-09, recognizing Council Member Greg Lamont for his service to the Town of Trophy Club. Motion carried 4-1-0, with Mayor Sanders, Mayor Pro Tem Shoffner, and Council Members Fleury and Jensen voting for,and Council Member Lamont abstained. (Town Secretary Note: Per the Town's Meetings and Rules of Procedure, an abstention from voting where no conflict of interest under state law and/or town ordinance exists, that person's vote shall be recorded as a negative vote) Mayor Sanders stated that he and Greg served together on Council twice. Greg always came prepared to each meeting and studied the material within the agenda packet, which could be challenging to complete over the weekend. He thanked Greg for his involvement in the community by attending a multitude of events and taking pictures at each one. Additionally, he thanked Greg for his time and services that he provided. Mayor Pro Tem Shoffner remarked that Greg was elected in May 2013, during the initial PD 30 discussions, and he ran in November 2013,which at that time was a hostile environment. They both were the minority on Council and ran into opposition with other Council Members. He thanked Greg for his support especially during their first six months serving together. Council Member Fleury commented that being part of Council, it was important for them to be active in the community and Greg was a great example of that. She thanked Greg for representing the Town at different events,for sacrificing his time, and for all his service. She felt that Greg always had the best interest of the Town and residents at heart and she wished him well with his future endeavors. Mayor Sanders presented Council Member Lamont with the resolution,a plaque,and his nameplate from the dais. Council Member Lamont thanked the residents, his friends, and neighbors who voted for him and supported him over the years. He stated that he always tried to treat everyone on Staff, both previous and current employees, as equals with the respect they deserved. He stated that the Council accomplished a great deal in his first four years on Council. They respectfully disagreed with each other, laughed, and at times accepted being on a lonely island. They worked together on all of the issues and most importantly respected one another both at and away from the dais. He held to his belief in his Oath of Office and the Constitution that he swore to uphold. He was proud of the following accomplishments that Council achieved during his time: • Purchased the land for and built the Town Hall and Police Facility under budget at a significant savings from the original proposal; • Refinanced the PID agreement saving$16.4 million,saving on average each PID homeowner over$12,000 and the Town overall an additional$500,000; Town Council Minutes May 14,2019 Page 3 of 10 • Signed a 99 year water and waste water agreement that guaranteed that the PID residents pay the same rate as the MUD residents; • Installed school safety crosswalk flashers; • Passed the No Knock, No solicitation ordinance; • Brought in Meat U Anywhere and Bread Winners restaurants; • Built the Dino Park for toddlers; • Upgraded the Veterans Memorial Park; • Added a parking lot between Beck Elementary and Medlin Middle Schools using hotel occupancy tax funds; • Added an additional parking lot for Harmony Park; • Remodeled and regraded the soccer fields next to Lakeview Elementary School; • Created and implemented a Capital Replacement Fund; • Funded road improvements without raising the Town's bond tax rate; • Rewrote the sign ordinance to eliminate the unsightly proliferation of signs in Town and along 114; • Created an Animal Shelter Advisory Board; • Reduced the Town retirement fund contribution from 17.5%to 14%for a savings of approximately $144,000 per year; • Upgraded equipment for the Police Department to have the best law enforcement tools available to protect the Town; • Upgraded safety equipment for firefighters and authorized a fifth firefighter/EMS to each shift; • Added in conjunction with NISD,a second school resource officer and vehicle; • Created a new Police position with the hiring of Indy,the K-9 Officer; • Revised the No Overnight Parking ordinance; • Built an ADA compliant playground for young children at Harmony Park; • Installed security cameras for the Dog and Toddler parking lot; • Purchased a new ambulance; • Replaced the large playground at Harmony Park that was ADA compliant;and • Updated one of the baseball fields and its amenities. He was proud that the Council was able to reduce the tax rate each of the six years he was on Council and that he was part of the initial Council Budget Subcommittee that reduced the tax rate in 2017 by a near record 2.57 cents. He was a strong supporter of law enforcement and security measures to keep the Town safe. He was honored to represent the Town at various Town and regional events and proud that he never missed a Council meeting in six years. Additionally, he thanked his wife, Janet, for fully supporting him and for being a dedicated partner in volunteering where and whenever. The burden of pain from negative social media fell upon the involved families instead of the candidates or elected officials because they were typically too busy to worry about the criticism. His wife became a target but he commended her for having more style, grace, and class then the others. Janet was the best person someone could ever ask to be married to and he would always love her. Lastly, he remarked that he would still be active and looked forward to the next campaign. 3. Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Town's General Election held on May 4, 2019 for the purpose of electing one (1) Council Member to Place 5 and one(1)Council Member to Place 6 on the Trophy Club Town Council,each for a term of three(3)years;and providing an effective date(Mayor Sanders). Mayor Sanders advised that pursuant to Section 67.004(a)of the Texas Election Code two members of the Council constituted a quorum for purposes of canvassing an election. Mayor Sanders announced that Michael Geraci received the majority of all votes cast with 752 votes for Council Member Place 5 and Philip Shoffner received the majority of all votes cast with 502 votes for Council Member Place 6. Town Council Minutes May 14,2019 Page 4 of 10 Motion: Motion made by Council Member Jensen, seconded by Council Member Fleury, to approve Ordinance No. 2019- 12, canvassing the returns and declaring the results of the Town's General Election held on May 4, 2019 for the purpose of electing one(1) Council Member to Place 5 and one(1) Council Member to Place 6 on the Trophy Club Town Council,each for a term of three(3)years;and providing an effective date of May 14,2019. Motion carried unanimously 4-0-0. Mayor Sanders stated that the canvassing for the Town's May 4, 2019 General Election had now been concluded and should be reflected in the minutes. 4. Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Town's Special Election held on May 4, 2019 for the purpose of electing one (1) Council Member to Place 3 on the Town Council to fill the remainder of an unexpired term of office(term expiring May 2021);and providing an effective date(Mayor Sanders). Mayor Sanders announced that Sean Bone received the majority of all votes cast with 598 votes for Council Member Place 3. Motion: Motion made by Council Member Jensen, seconded by Council Member Fleury, to approve Ordinance No. 2019- 13, canvassing the returns and declaring the results of the Town's Special Election held on May 4, 2019 for the purpose of electing one (1) Council Member to Place 3 on the Town Council to fill the remainder of an unexpired term of office(term expiring May 2021);and providing an effective date of May 14,2019. Motion carried unanimously 4-0-0. Mayor Sanders stated that the canvassing for the Town's May 4, 2019 Special Election had now been concluded and should be reflected in the minutes. 5. Administration of Oath of Office and presentation of Certificate of Election to Sean Bone,Council Member Place 3, Michael Geraci, Council Member Place 5, and Philip Shoffner, Council Member Place 6 (Mayor Sanders). Presiding Municipal Court Judge Ransleben administered the Statement of Elected Officer and Oath of Office to Michael Geraci,elected Council Member Place 5. Mayor Sanders presented Council Member Geraci with a Certificate of Election. Presiding Municipal Court Judge Ransleben administered the Statement of Elected Officer and Oath of Office to Philip Shoffner,elected Council Member Place 6. Mayor Sanders presented Mayor Pro Tem Shoffner with a Certificate of Election. Presiding Municipal Court Judge Ransleben administered the Statement of Elected Officer and Oath of Office to Sean Bone,elected Council Member Place 3. Mayor Sanders presented Council Member Bone with a Certificate of Election. 6. Remarks to and from Sean Bone,Council Member Place 3,Michael Geraci,Council Member Place 5,and Philip Shoffner, Council Member Place 6(Mayor Sanders). Council Member Bone stated that he was honored and humbled to have the opportunity to serve the Town in such a big way. He thanked every resident that participated and voted during the elections. Mayor Sanders congratulated and welcomed Council Member Bone. He appreciated Sean's service that he offered while on the Economic Development Corporation 4B. Town Council Minutes May 14,2019 Page 5 of 10 Mayor Pro Tern Shoffner welcomed Council Member Bone and looked forward to working with him. Council Member Fleury congratulated and welcomed Council Member Bone. She thanked Sean for his previous service in different capacities that contributed to the Town. Council Member Geraci thanked the residents for allowing him to serve in this capacity and thanked his wife and children for their support. He stated that he would do the best of his ability to serve the residents,work with Staff, and show dignity and respect to fellow Council Members and Mayor. Mayor Sanders thanked Council Member Geraci for his public service and looked forward to his input on Council. Mayor Pro Tem Shoffner congratulated Council Member Geraci. Council Member Fleury welcomed and congratulated Council Member Geraci. She thanked him for stepping up to serve on Council and for diving right in by attending Council meetings for the past few months. Council Member Jensen congratulated Council Member Bone and stated that he looked forward to working with Council Member Geraci. Mayor Pro Tem Shoffner thanked those who supported and encouraged him through this election cycle. He recognized Michael Pipkins for running a great campaign. He echoed what Greg had commented about earlier that the families took the brunt of negativity during difficult times. His commended his wife for always staying neutral and for staying away from making public comments. It has even become tough for his children who experience negativity at school because of politics, when his children are innocent and have nothing to do with politics. He thanked his family for their support and enduring the difficult times, they were jewels that he truly appreciated. Additionally,he expressed his appreciation again to those who encouraged him and to Rhylan for his support. Mayor Sanders appreciated Mayor Pro Tem Shoffner serving on Council because of his diligent and precise research,which allowed the Council to make informed decisions and even have examples of how things were done in other cities. Council Member Jensen stated that Mayor Pro Tem Shoffner was the most important member on the Council and he was thankful for his service. Council Member Fleury welcomed back Mayor Pro Tern Shoffner and she looked forward to working with him for another year. Council Member Geraci appreciated Mayor Pro Tem Shoffner for his historian role that he offered. ANNOUNCEMENTS AND REPORTS 7. Receive Town Manager Class'update and provide input regarding the following(T.Class): • Memorial Day Activities — Town offices would be closed, trash collection would continue as normally scheduled, the Community Pool would be opened on May 25th, and Metroport Veterans Association would be hosting their annual Memorial Day Ceremony on May 27th at 10:00 a.m.at Medlin Cemetery. • Road Construction Project— Indian Creek Drive was underway with Phase III demolition of existing and storm drain replacement from East Hillside Place to the final drop inlet. Restoration of Phase I and II yards, irrigation and grading work would begin next week, along with sidewalk installation. Drive approaches for Phase I and II and the westbound lane of Phase III were scheduled for the next two weeks. Traffic patterns have been switched for this phase by utilizing Fair Green Drive,with east and westbound flow on Indian Creek Drive. Phase III was scheduled to begin early June for the Fair Green Drive completion,approximately 162 feet of build. • PD 30—All necessary fire lanes have been installed and only townhouse access remained. Retail framing was going on as scheduled with exterior walls under production. The parking garage structural Town Council Minutes May 14,2019 Page 6 of 10 components were complete and fireproofing and exterior sealing were underway. Elevator shafts for The Byron were complete, along with the eastern most foundation. Framing of that portion should begin soon. Staff met with the design team of the townhomes this morning to discuss construction specifics and submittal requirements for permitting. Plans should be received this week for the Aloft Hotel permit submittal. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 8. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated April 23, 2019(T.Class). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 9. Consider and take appropriate action regarding the Town Council Special Session Minutes dated May 1, 2019(T.Class). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 10. Consider and take appropriate action regarding the award of bid for paving and drainage improvements for Trophy Club Drive,Sundance Court, and Meadowbrook Lane; and authorizing the Mayor or his designee to execute all necessary documents(T.Class). 11. Consider and take appropriate action regarding a Resolution,denying the Oncor Distribution Cost Recovery Factor filing;and providing an effective date(T.Class). 12. Consider and take appropriate action regarding the financial and variance report dated February 2019 (T. Class). 13. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 14, 2019 as National Decency Day in Trophy Club;and providing an effective date(Mayor Sanders). Council Member Fleury requested to remove Item No. 13 from the Consent Agenda. Motion: Motion made by Mayor Pro Tern Shoffner, seconded by Council Member Bone, to approve the Consent Agenda Items 8 through 12. Motion carried unanimously 6-0-0. REGULAR SESSION 13. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 14, 2019 as National Decency Day in Trophy Club;and providing an effective date(Mayor Sanders). Council Member Fleury read the proclamation into the record. Motion: Motion made by Council Member Fleury, seconded by Mayor Sanders, to approve Proclamation No. 2019-12, recognizing May 14, 2019 as National Decency Day in Trophy Club; and providing an effective date of May 14, 2019. Motion carried unanimously 6-0-0. 14. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 29, 2019 as Bill Splichal Day in Trophy Club;and providing an effective date(Mayor Sanders). Council Member Geraci read the proclamation into the record. Town Council Minutes May 14, 2019 Page 7 of 10 Motion: Motion made by Council Member Geraci, seconded by Mayor Sanders, to approve Proclamation No. 2019-07, recognizing May 29,2019 as Bill Splichal Day in Trophy Club;and providing an effective date of May 14,2019. Motion carried unanimously 6-0-0. Mayor Sanders presented Bill Splichal with the proclamation. 15. Consider and take appropriate action regarding Proclamations of the Town Council recognizing May 2019,as Children's Mental Health Awareness Month and as Mental Health Awareness Month in Trophy Club; and providing an effective date(Mayor Sanders). Council Member Fleury read the proclamations into the record. Motion: Motion made by Council Member Fleury, seconded by Mayor Pro Tern Shoffner, to approve Proclamation No. 2019-08, recognizing May 2019 as Children's Mental Health Awareness Month in Trophy Club; and providing an effective date of May 14,2019. Motion carried unanimously 6-0-0. Motion: Motion made by Council Member Fleury, seconded by Council Member Bone, to approve Proclamation No. 2019- 09, recognizing May 2019 as Mental Health Awareness Month in Trophy Club; and providing an effective date of May 14,2019. Motion carried unanimously 6-0-0. Mayor Sanders presented Honorable Associate Judge David Jahn with the proclamations who accepted it on behalf of the Behavioral Health Leadership Team for Denton County. Honorable Associate Judge Jahn thanked the Council for making May 2019 as Mental Health Awareness Month and Children's Mental Health Awareness Month. He advised that roughly 20 percent of the citizens of Denton County would be affected in some way by a mental health issue or illness either in their family or through an acquaintance. There were well over 700 students within the Northwest Independent School District affected by mental health issues or illnesses. It was important to increase the ability to openly discuss these issues and seek treatment as needed. He acknowledged Police Chief Arata and the Town's Police Department for taking some of the extra measures to get individuals with mental health issues the treatment that they needed. 16. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 12-18, 2019, as National Police Week in Trophy Club in conjunction with National Police Week and May 15, 2019, as National Peace Officers Memorial Day in Trophy Club;and providing an effective date(Mayor Sanders). Council Member Bone read the proclamation into the record. Motion: Motion made Council Member Bone, seconded by Council Member Fleury,to approve Proclamation No. 2019-10, recognizing May 12-18,2019, as National Police Week in Trophy Club in conjunction with National Police Week and May 15,2019, as National Peace Officers Memorial Day in Trophy Club; and providing an effective date of May 14, 2019. Motion carried unanimously 6-0-0. Mayor Sanders presented Police Chief Arata with the proclamation. Town Council Minutes May 14,2019 Page 8 of 10 17. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 5-11, 2019,as Municipal Clerks Week in Trophy Club; and providing an effective date(Mayor Sanders and Mayor Pro Tern Shoffner). Mayor Pro Tern Shoffner read the proclamation into the record. Motion: Motion made by Mayor Pro Tern Shoffner, seconded by Council Member Bone,to approve Proclamation No. 2019- 11, recognizing May 5-11, 2019, as Municipal Clerks Week and providing an effective date of May 14, 2019. Motion carried unanimously 6-0-0. Mayor Sanders presented Town Secretary Fimbres with the proclamation. Mayor Pro Tem Shoffner provided kind remarks and the history on the hiring process of Town Secretary Fimbres. 18. Discussion of items for Future Agendas to include agenda items for consideration on the May 28, 2019 Council agenda and items from the Town Council Future Agenda Items list(T.Class). This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. A) Discussion of and possible action regarding restricting Short Term Rentals. (Lamont 9/11/2018) (1-February 12,2019)(2-May 14,2019) Town Attorney Dodd provided an update regarding short term rentals specific to the legal standings for the City of Austin, City of Grapevine, City of Southlake, and City of Arlington. While the Town waits for court decisions and legislation,the Town should first focus on problems caused by short term rentals. Mayor Pro Tern Shoffner recommended that if the Town Attorney saw something that needed to be changed within the Town's Code of Ordinances,to bring it to the Council's attention regarding rental properties. Regarding the May 28, 2019 Council agenda, Mayor Sanders requested to have an item to discuss and provide direction to Staff regarding the slip road in front of Meat U Anywhere. Council Member Jensen requested to add an item to discuss and take appropriate action regarding the Council Liaisons appointments,as well as for the Town Council Appointments Committee. Mayor Sanders requested to add an item to discuss and provide direction to Staff regarding the Charter Review Commission. Mayor Pro Tem Shoffner requested to add the following item to the Town Council Future Agenda Items list for: Discussion of and take appropriate action regarding forming a Sunset Committee between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1. EXECUTIVE SESSION 8. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act),the Council convened into executive session to discuss the following: A) Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Town Council Minutes May 14, 2019 Page 9 of 10 North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tern Shoffner and Council Member Jensen) B) Section 551.074 Personnel Matters to discuss or deliberate the appointment,employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 under Subsection (2) Consultation with Attorney to consult with its attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. 1) Simon D.Whiting with Burford&Ryburn,L.L.P.(Mayor Sanders) 2) Town Manager Thomas M.Class,Sr.(Mayor Sanders) C) Section 551.074 (a) Personnel Matters under Subsection (1) to discuss or deliberate the appointment, employment,evaluation,reassignment,and duties of a public officer or employee: 1) Mayor Pro Tern (Mayor Sanders) 2) Acting Town Manager Jonathan Phillips(Mayor Sanders) CONVENED INTO EXECUTIVE SESSION-START TIME-8:48 P.M. RECONVENED INTO REGULAR SESSION-START TIME-10:08 P.M. RECONVENED INTO REGULAR SESSION 20. Consider and take appropriate action regarding the appointment of the Mayor Pro Tern;discussion of same (Mayor Sanders). Motion: Motion made by Council Member Bone, seconded by Council Member Geraci, to appoint Council Member Jensen to serve as Mayor Pro Tern. Motion carried unanimously 6-0-0. 21. Consider and take appropriate action regarding the Executive Session(T.Class). Motion: Motion made by Mayor Pro Tern Jensen, seconded by Council Member Shoffner, to name Jonathan Phillips as Interim Town Manager with salary as discussed in Executive Session. Motion carried unanimously 6-0-0. ADJOURN Mayor Sanders adjourned the meeting at 10:09 p.m. 1 CI . II OF ROph,� Holly Fimbre• Town Secretar yJ Q. C. Nick Sanders, Mayor U` Town of Tr.shy Club,Texas Q G Town of Trophy Club,Texas -A4414.4V-"" CO )4( frA, 4,4,4RY1,10,4 Town Council Minutes May 14,2019 Page 10 of 10