Apr 25, 2023 City Council Regular Meeting

JOIN FOR THE AMERICAN FLAG IS TEXAS FLAG FLAG, UNITED STATES OF AMERICA, WHICH STANDS? ONE NATION, GOD, JUSTICE, TEXAS, ONE STATE, ONE INDIVISIBLE.

THREE, UH, COURT CLERK CERTIFICATES TO HEATHER LEONARD AND TWILA ROBINSON.

YOU ALL MAY BE SEATED.

NEXT ITEM IS PRESENTATION.

PRESENT LEVEL

[a. Present Level III Court Clerk Certficates to Heather Leonard and Twyla Robinson.]

GOOD EVENING.

HOW ARE YOU MAYOR? COUNSEL, GLAD YOU GOT SOME, UH, GOOD STUFF GOING ON OVER THERE.

WE HAVE SOME GOOD STUFF GOING ON IN COURT.

, THIS IS A SUPER DUPER SPECIAL EVENING FOR US TONIGHT, AND I'M SO EXCITED TO BE HERE AND EXCITED TO HAVE THIS CELEBRATION FOR HEATHER AND FOR TWILA.

I APPRECIATE YOU TAKING THE TIME TO ALLOW US TO COME IN HERE AND DO THIS.

UM, I'M VERY PROUD, I'M VERY PROUD OF WHAT THEY'VE ACCOMPLISHED, AND YOU'RE GONNA HEAR MORE ABOUT THAT HERE IN JUST A SECOND.

I'M SUPER, SUPER BLESSED TO HAVE A COUPLE OF REALLY SPECIAL PEOPLE HERE THIS EVENING THAT ARE GONNA HELP ME WITH THIS PRESENTATION.

WE HAVE JENNIFER BENIA, WHO IS THE VICE PRESIDENT OF THE TEXAS COURT CLERK'S ASSOCIATION.

SHE IS ALSO THE DIRECTOR OF URBAN MUNICIPAL COURT AND A DEAR PRECIOUS FRIEND OF MINE, I'VE KNOWN HER FOR MORE THAN 20 YEARS.

WE ALSO HAVE JEREMY LEONARD HERE WITH US TODAY, AND HE IS THE T C C A BOARD DIRECTOR AT LARGE.

HE IS ALSO THE FORMER COURT ADMIN FROM THE CITY OF DESOTO, AND HE IS CURRENTLY THE DIRECTOR OF THE LOUISVILLE MUNICIPAL COURT, BUT HE'S ALSO ONE OF OUR RECIPIENTS, NOT THEIR HUSBAND.

SO , IT'S GONNA BE REALLY, REALLY SPECIAL FOR US ALL THE WAY AROUND.

SO, BUT THEN I'M GONNA TURN IT OVER TO JENNIFER AND SHE'S GONNA SHARE WITH YOU A LITTLE BIT MORE ABOUT THE PROGRAM.

THE TEXAS COURT CLERKS ASSOCIATION LAST YEAR, AND SHE'S BEEN A MEMBER OF THE T C C A FOR SEVEN YEARS.

THANK YOU SO MUCH, MAYOR AND COUNCIL CITY STAFF FOR HAVING US HERE.

IT IS SUCH A PRIVILEGE TO VISIT YOUR BEAUTIFUL CITY ON BEHALF OF THE BOARD OF DIRECTORS.

UM, HAVING HAD THE PAST OPPORTUNITY OF ALSO BEING LED BY BOBBY SPENCE, THIS HAS A DEEP PERSONAL CONNECTION FOR ME AS WELL.

UH, WITH THAT, I'M GONNA TURN IT OVER TO JEREMY LEONARD.

HELLO COUNSEL.

THANK YOU FOR ALLOWING ME TO BE HERE TONIGHT FOR PART OF THIS PRESENTATION.

UH, WE'RE HERE TO ANNOUNCE THAT OUT OF APPROXIMATELY 3000 COURT CLERKS IN THE STATE OF TEXAS, YOU NOW HAVE THREE OF ONLY 133 CERTIFIED MUNICIPAL COURT CLERKS WORKING ON YOUR TEAM IN SERVING THE RESIDENTS OF CEDAR HILL.

TO PROVIDE A BRIEF BACKGROUND, THE DESIGNATION OF CERTIFIED MUNICIPAL COURT CLERK IS ONLY ACCOMPLISHED THROUGH A RIGOROUS COURSE OF STUDY.

FOUNDATIONAL KNOWLEDGE IS TESTED THROUGH LEVELS ONE AND TWO, WHERE CONCEPTS SUPPORTING PROCEDURAL FAIRNESS ARE ASSURED THROUGH THE ONGOING EDUCATION AND EXAMS AT EACH LEVEL.

THE FINAL LEVEL NOT ONLY REQUIRES A MORE IN-DEPTH UNDERSTANDING OF THOSE AREAS THROUGH FOCUSED APPLICATION, THROUGH A MINIMUM OF 40 HOURS OF OBSERVA OBSERVING DIFFERENT COURTS ACROSS THE STATE IN VARYING LOW, MEDIUM, AND HIGH VOLUMES, PARTICIPANTS ARE EXPECTED TO SUBMIT JOURNALS SUCCESSFULLY ANALYZING OBSERVATIONS AND APPLYING LEARNED THEORY AND CONCEPTS.

AND TONIGHT I'M HERE TO HONOR MY WIFE, WHO'S A MOTHER OF THREE AMAZING KIDS.

SHE, UM, SUPPORTED ME EARLY IN OUR MARRIAGE WITH MY CAREER, AND I'M COULDN'T BE MORE PROUD TO BE HERE TO SUPPORT HER TODAY AND HER CAREER.

UH, SHE DID RECEIVE THE DISTINGUISHED SERVICE AWARD LAST YEAR IN 2022, AND I HAVE THE PRIVILEGE OF RECOGNIZING TWILA ROBINSON BEFORE YOU TONIGHT.

SHE'S BEEN ON YOUR TEAM FOR THE LAST TWO YEARS, AND AS A BUSY MOM OF SIX, SHE'S ALSO THE PRAISE TEAM LEADER AT HER CHURCH.

SHE WAS HONORED TO WIN THE FRONTLINE CLERK AWARD FOR THE NORTH TEXAS CHAPTER OF

[00:05:01]

PLEASE HELP ME CELEBRATE TWILA AND HEATHER.

BEFORE CALLING THEM UP, COUNSEL, I ALSO WANTED TO TAKE A BRIEF MOMENT AND JUST RECOGNIZE THE TESTIMONY THAT THIS COUNCIL AND THE CITY LEADERSHIP PRESENTS BY SUPPORTING THE GROWTH AND DEVELOPMENT OF COMPETENT AND PROFESSIONAL PUBLIC SERVANTS LIKE THESE.

SO THANK YOU TO YOU FOR ALSO PROVIDING THE MEANS FOR THEM TO DO THAT.

ON BEHALF OF THE TEXAS COURT CLERKS ASSOCIATION, IN CONJUNCTION WITH THE TEXAS MUNICIPAL COURTS EDUCATION CENTER, TEXAS MUNICIPAL COURTS ASSOCIATION, AND TEXAS STATE UNIVERSITY SAN MARCUS, WE ARE PLEASED TO PRESENT HEATHER LEONARD AND TWILA ROBINSON AS CERTIFIED MUNICIPAL COURT CLERKS.

WOULD YOU LADIES JOIN US TO PRESENT YOUR PLAQUES, PLEASE? THANK, CONGRATULATIONS.

YES.

THANK YOU VERY MUCH FOR THIS OPPORTUNITY.

I APPRECIATE IT.

NO PROBLEM.

DO THEY, UH, DO THEY HAVE A SPEECH? ? I WOULD LIKE TO MENTION WE DO HAVE A TABLE WITH SOME CUPCAKES OUT HERE, AND I WANTED TO ALSO MENTION ONE MORE THING.

SO THERE'S 133, SO HEATHER IS NUMBER 1 32 AND FOLLOW IS NUMBER 1 33.

SO THERE'S SOME LITTLE FLAGS ON THEIR FAVORITE CUPCAKE FLAVORS OUT THERE ON THE TABLE, AND WE HOPE THAT EVERYBODY WANTS, AND THIS IS OVER .

ALL RIGHT, THANK YOU.

SO PLEASE FEEL FREE TO PARTAKE.

PLEASE DO.

PRESENTED PROCLAMATION, THIS END THE WEEK OF APRIL 30TH THROUGH MAY 5TH, 2023 AS PROFESSIONAL MUNICIPAL COURT WEEK IN CEDAR HILL.

CONGRATULATIONS AGAIN.

THANK YOU FOR ALL YOUR HARD WORK.

UH, NEXT IS

[b. Present a Proclamation designating the week of April 30 - May 5, 2023 as Professional Municipal Clerks Week in Cedar Hill. ]

THIS WILL BE PRESENTED BY COUNCIL MEMBER MCCURDY AND, AND WHO'S, WHO IS RECEIVING THIS.

DO WE HAVE ANYBODY HERE? IT'LL BE YOU.

I I, I APOLOGIZE, JUDGE, I I THOUGHT YOU WAS PART OF THE PRESENTATION.

I THOUGHT THEY WAS GONNA RECOGNIZE YOU.

SO I I I DO WANNA SAY GOOD EVENING TO YOU.

THANK YOU FOR BEING, I TRIED NOT TO BE RECOGNIZABLE.

, IT'S GOOD TO SEE YOU, JUDGE.

YEAH.

THANK YOU FOR COMING THIS EVENING.

PRESENT, THE PROCLAMATION DESIGN IN THE MONTH OF MAY, 2023 AS BUILDING SAFETY MONTH IN CEDAR HILL.

SO THIS PROCLAMATION IS FOR PROFESSIONAL MUNICIPAL COURT CLERK, UH, WEEK.

AND WHEREAS THE OFFICE OF PROFESSIONAL MUNICIPAL COURT CLERK, A TIME HONORED AND VITAL PART OF LOCAL GOVERNMENT EXISTS THROUGHOUT THE WORLD.

AND WHEREAS THE OFFICE OF PROFESSIONAL MUNICIPAL MUNICIPAL CLERK IS THE OLDEST AMONG PUBLIC SERVANTS, AND WHEREAS THE OFFICE OF PROFESSIONAL MUNICIPAL CLERK PROVIDES THE PROFESSIONAL LINK BETWEEN THE CITIZENS, THE LOCAL GOVERNING BODIES AND AGENCIES OF GOVERNMENT AND OTHER LEVELS.

AND WHEREAS PROFESSIONAL MUNICIPAL CLERKS HAVE PLEDGED TO BE EVER MINDFUL OF THEIR NEUTRALITY AND IMPARTIALITY RENDERING EQUAL SERVICE TO ALL.

AND WHEREAS THE PROFESSIONAL MUNICIPAL CLERK SERVES AS THE INFORMATION CENTER ON FUNCTIONS OF LOCAL GOVERNMENT AND COMMUNITY, WHEREAS PROFESSIONAL MUNICIPAL CLERKS CONTINUE TO STRIVE TO IMPROVE ADMINISTRATION OF THE AFFAIRS AT THE OFFICE OF PROFESSIONAL MUNICIPAL CLERK THROUGH PARTICIPATION IN EDUCATION PROGRAMS, SEMINARS, WORKSHOPS, AND THE ANNUAL MEETINGS OF THEIR STATE, PROVINCIAL, COUNTY, AND INTERNATIONAL PROFESSIONAL ORGANIZATIONS.

AND WHEREAS IT IS MOST APPROPRIATE THAT WE RECOGNIZE THE ACCOMPLISHMENTS OF THE OFFICE, OFFICE OF PROFESSIONAL MUNICIPAL CLERK NOW EITHER FOR STEVEN MASON, MAYOR OF CEDAR CITY OF CEDAR HILL, TEXAS DUE HEREBY PROCLAIM THE WEEK OF APRIL 30TH THROUGH MAY 5TH, 2023 AS PROFESSIONAL MUNICIPAL CLERKS WEEK IN THE CITY OF CEDAR HILL, TEXAS, AND FURTHER EXTEND APPRECIATION TO OUR OWN CITY SECRETARY, MS. BELINDA BERG, AND ASSISTANT CITY SECRETARY ROSIE ERICKSON, TO ALL PROFESSIONAL MUNICIPAL CLERKS FOR THE VITAL SERVICES THEY PERFORM AND THE EXEMPLARY DEDICATION TO THE COMMUNITIES THEY REPRESENT IN WITNESS WHERE OF I HAVE HEARING TO SET MY HAND AND HAVE CAUSED THE SILL OF, OF THE CITY, OF CEDAR HILL, TEXAS TO BE AFFIXED THIS 25TH DAY OF APRIL, 2023.

SIGNED MAYOR STEPHEN.

THANK.

[00:10:03]

THANK YOU, COUNCILMAN.

UH, NEXT

[c. Present a Proclamation designating the month of May 2023 as Building Safety Month in Cedar Hill.]

THIS BE PRESENTED BY COUNCIL HAW.

YOU WANTED TO GO THE TOUR ROUTE? YOU DIDN'T WANT TO GO DOWN THE STAIRS, THAT'S CLOSER TO YOU.

OH, GET HIS STEPS IN.

? YEAH, I GOT A PHONE ALSO.

OH, OKAY.

IT COUNTS.

THE D FIVE .

GOOD EVENING CONFIRMATION OFFICER OF THE MAYOR, WHERE THE CITY OF CEDAR HILL, TEXAS IS COMMITTED TO RECOGNIZE THAT I BROKE THE STRENGTH DEPENDS ON THE SAFETY AND ECONOMIC VALUES OF THE HOLLAND BUILDINGS AND INFRASTRUCTURES THAT SERVE OUR CITIZENS, BOTH IN EVERYDAY LIFE AND WHEN DISASTER STRIKE.

AND WHEREAS OUR CONFIDENCE IN THE RESILIENCE OF THESE BUILDINGS THAT MAKE UP OUR COMMUNITY IS ACHIEVED THROUGH THE DEVOTION OF VIGILANT GUARDIAN BUILDING SAFETY AND FIRE, FIRE, PRESENT FIRE, PRESENT FIRE PREVENTION OFFICIALS, ARCHITECTS, ENGINEERS, BUILDERS, TRADE PEOPLE, DESIGN PROFESSIONALS, LABELERS, PLUMBERS AND OTHERS IN THE CONSTRUCTION INTEREST WHO WORK YEAR ROUND TO ENSURE THE SAFE CONSTRUCTION OF BUILDINGS.

AND WHEREAS THESE GUARDIANS ARE DEDICATED MEMBERS OF INTERNATIONAL CODE COUNCIL, A NONPROFIT THAT BRINGS TOGETHER LOCAL, STATE AND FEDERAL OFFICIALS WHO ARE EXPERTS IN THE BUILD ENVIRONMENT TO CREATE AND IMPLEMENT THE HIGHEST QUALITY OF CODES TO PROTECT US IN THE BUILDINGS WHERE WE LIVE, LEARN, WORK, PLAY.

AND WHEREAS THESE MODERN BUILDING CODES INCLUDE SAFEGUARDS TO PROTECT THE PUBLIC FROM HAZARDS SUCH AS HURRICANE, SNOWSTORMS, TORNADOES, WILDLIFE, WILDLAND FIRES, FLOODS, AND EARTHQUAKES, AND QUEZ BUILDING SAFETY MOUNT IS SPONSORED BY THE INTERNATIONAL COLD COUNCIL TO REMIND THE PUBLIC ABOUT THE CRITICAL ROLE OF OUR COMMUNITIES, LARGELY UNKNOWN PROTECTORS OF PUBLIC SAFETY, OUR LOCAL CODE OFFICIAL WHO ASSURE US OF A SAFE, SUSTAINABLE AND AFFORDABILITY, THOUGH ESSENTIAL TO AMERICA'S PROSPERITY.

AND WHEREAS IT STARTS WITH YOU, THE THEME FOR BUILDING SAFETY MONTH 2023 ENCOURAGES ALL OF US AWARENESS ABOUT BUILDING SAFETY ON A PERSONAL, LOCAL, AND GLOBAL SCALE.

AND WHEREAS EACH YEAR IN OBSERVANCE OF A BUILDING SAFETY MONTH, PEOPLE ALL OVER THE WORLD ARE ASKED TO CONSIDER THE COMMITMENT TO IMPROVE BUILDING, SAFETY, RESILIENCE, AND ECONOMIC INVESTMENT AND HOME IN THE, IN THE COMMUNITY.

AND TO ACKNOWLEDGE THE ESSENTIAL SERVICE PROVIDED TO ALL OF US BY LOCAL AND STATE BUILDING DEPARTMENTS, FIRE PREVENTION BUREAUS AND FEDERAL AGENTS IN PROTECTING LIVES AND PROPERTY.

NOW, THEREFORE, I, STEVE MASON, MAY OF THE CITY OF HILL, CITY HILL DO HEREBY PROCLAIMED DEMONT OF MAY, 2023 AS BUILDING SAFETY MONTH IN THE CITY OF HILL, CITY HILL, TEXAS.

ACCORDINGLY, I ENCOURAGE OUR CITIZENS TO JOIN US AND PARTICIPATE IN BUILDING SAFETY AMONGST ACTIVITY AND WITNESS WHERE OFF.

I HERE UNTIL SET MY HAND AND HAVE CAUSE THE CIVIL CITIZEN HERE TO BE AFFIXED THIS 25TH DAY OF APRIL, 2023.

STEVEN MASON, MAYOR.

ALL RIGHT, THANK YOU.

THANK YOU VERY MUCH.

CITY COUNCIL.

UM, MAYOR, I'D LIKE TO INTRODUCE MY STAFF HERE FOR BUILDING INSPECTIONS .

SO WE HAVE ANDREW LIPSCOMB, HE'S OUR ASSISTANT BUILDING OFFICIAL.

WE HAVE TANYA MASON, SHE'S OUR PERMIT TECH.

WE GOT ALEXIS SERGEANT, SHE'S OUR PERMIT TECH OR OUR, UH, BUILDING INSPECTOR SLASH PLAN REVIEWER.

AND THEN WE HAVE JOSH BARNES, WHO IS OUR BUILDING INSPECTOR, SHOOT US HIS NAME.

I'M SURE I HAD TO THINK THERE FOR A MINUTE.

I WOULDN'T MESS IT UP.

UM, THIS MONTH WE ARE, UH, IN MAY, WE ARE GOING TO HOLD ANOTHER, UH, PRESENTATION TO THE PUBLIC.

UM, IT'S GONNA BE ON MAY 18TH HERE AT THE, UH, GOVERNMENT CENTER IN THE COURTROOM FROM SIX TO EIGHT, UH, TO DISCUSS BUILDING SAFETY PERMITTING.

UM, AND LIKE THE, THIS MONTH, THIS YEAR'S PROCLAMATION IS, IT STARTS WITH YOU.

SO IT STARTS WITH EVERY PERSON THAT'S IN THE CITY, UM, TO KNOW WHETHER A PERMIT IS REQUIRED, UM, AND TO MAKE SURE THE CONTRACTORS ARE GETTING THE PROPER PERMITS WHEN WORKING ON THEIR RESIDENTS TO MAKE SURE THAT IT'S SAFE FOR, UH, THE RESIDENTS AND, AND THE COMMUNITY.

THANK YOU VERY MUCH.

AND HOMEOWNERS TO, TO, UH, GET ACCESS TOWARDS, UH, HOW TO DO PERMIT OR HOW TO GET A PERMIT PASSED.

THANK YOU, THANK YOU.

THANK YOU FOR TAKING LEADERSHIP IN THAT.

UH, IT REALLY MEANS A LOT FOR, UH, DEVELOPERS

[00:15:01]

SO, UH, THANK YOU FOR WHAT YOU DO AND I APPRECIATE EVERYTHING YOU DO FOR US.

IS OP, UH, CASE NUMBER Z 5 0 2 2022, AND CASE NUMBER Z 5 39 2023.

NEXT ITEM IS CITIZENS FORM.

THIS GIVES OPPORTUNITY FOR ANY CITIZEN TO SPEAK ABOUT ANYTHING THEY WANNA TALK ABOUT.

ITEMS THAT'S NOT ON THE AGENDA CAN BE REFERRED TO, UH, CITY STAFF OR BE, UH, REFERRED TO A FUTURE, UH, COUNCIL AGENDA.

UH, I DO NOT HAVE ANY, UM, UH, CITIZENS THAT, UH, SUBMITTED ANYTHING ONLINE.

UH, AND I DON'T HAVE ANYTHING IN PERSON, SO THEREFORE I'LL MOVE ON TO THE NEXT ITEM ON THE AGENDA.

NEXT ITEM IS PUBLIC HEARING.

THIS

[a. Case No. Z-502-2022 and Case No. Z-539-2023 - Conduct a public hearing and consider Ordinance No. 2023-777 to amend Chapter 23 entitled “Zoning” of the Code of Ordinances of the City of Cedar Hill, Texas, pertaining to industrial, storage, warehouse and distribution uses and associated parking requirements.]

CONDUCTOR PUBLIC HEARING.

CONSIDER ORDINANCE NUMBER 2020 3 7 77 TO AMEND CHAPTER 23 ENTITLED ZONING OF THE CODE ORDINANCES OF THE CITY, OF CITY HILL, TEXAS PERTAINING TO INDUSTRIAL STORAGE WAREHOUSE AND DISTRIBUTION USAGE AND ASSOCIATED PARKING REQUIREMENTS.

DO WE HAVE ANYONE WANTING TO SPEAK ON THIS ITEM? WITH THAT, I'LL GO AHEAD AND OPEN THE PUBLIC HEARING.

ANYONE WISH TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER Z 5 0 2 2022 AND CASE NUMBER Z 5 39 2023? NOT SEEN ANYONE APPROACHED.

I WILL CLOSE THAT ITEM.

AND MAY I CONTINUE A QUESTION, COMMENT? NO.

I WAS GONNA MAKE A MOTION FOR APPROVAL OF ORDINANCE NUMBER 2023 DASH 7 77.

UH, A MOTION FOR APPROVAL.

UH, WE DO HAVE A MOTION FOR APPROVAL, AND WE DO HAVE A SECOND.

ARE THERE ANY QUESTIONS, COMMENTS, COUNSEL ALISON REEM, THIS IS AN ORDINANCE OF THE CITY OF CEDAR HILL, TEXAS, AMENDING CHAPTER 23 ENTITLED, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF CEDAR HILL, TEXAS, PROVIDING AMENDED REGULATIONS PERTAINING TO CERTAIN INDUSTRIAL STORAGE, WAREHOUSE AND DISTRIBUTION, USES ASSOCIATED PARKING REQUIREMENTS AND CERTAIN DEFINITIONS PROVIDING A PENALTY, PROVIDING SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION.

ALL RIGHT, WE DO HAVE A MOTION.

WE DO HAVE A SECOND.

ALL FAVOR, REPEAT RAISE YOUR RIGHT HAND MO UNANIMOUS HAW USE FOR? YES.

B, CASE NUMBER C U P 5 35 2023 PUBLIC HEARING AND CONSIDER A CONDITIONAL USE PERMIT FOR A DISTRIBUTION CENTER AND FULFILLMENT CENTER ON PROPERTY ZONE I INDUSTRIAL DISTRICT JUNIOR, LOCATED ON THE EAST SIDE OF J UH, J ELMER WEAVER FREEWAY, NORTH OF CASEY K WAY, WITH THE APPROXIMATE ADDRESS BEING IN THE 800 THROUGH THE 1000 BLOCK OF SOUTH J ELMER WEAVER FREEWAY REPRESENTATIVE TONY KRE, K B C ADVISORS, PROPERTY OWNERS, CHRIS, UH, DENZEL WEHER, CEDAR HILL OWNER, LLC.

ALL RIGHT, MO UNANIMOUS.

UM, WE OFF TO A GREAT START.

NEXT ITEM SIX

[b. Case No. CUP-535-2023 – Conduct a public hearing and consider a Conditional Use Permit for “distribution center” and “fulfillment center” on property zoned “I” (Industrial) District, generally located on the east side of J. Elmer Weaver Freeway, north of KCK Way with the approximate address being in the 800 – 1,000 block of South J. Elmer Weaver Freeway. Representative: Tony Creme, KBC Advisors, Property Owner: Chris Detzell, Wilshire Cedar Hill Owner, LLC.]

DO WE HAVE ANYONE HERE WISHING TO SPEAK ON THIS ITEM? ALL RIGHT, WITH THAT, I'LL GO AHEAD AND OPEN UP THE PUBLIC HEARING.

ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION? C P 5 35 2023? ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO, TO CASE NUMBER C U P 5 35 2023? NOT SEE ANYONE APPROACH.

I WILL CLOSE THAT PORTION OF THE PUBLIC HEARING.

COUNSEL, THE FLOOR IS OPEN CUSTOMER HAYDEN? YES, MA'AM.

I KNOW WE'VE HEARD OF A LOT OF DIALOGUE ON THIS, THE STAFF HAS REALLY WORKED REAL HARD OVER THE LAST MONTH AND A HALF TO KIND OF COME TO THE CONCLUSION THAT WE HAVE NOW MY UNDERSTANDING, I THINK WE'VE GOT A, A REAL GOOD, UH, UM, YOU KNOW, CASE HERE, UH, TO, UH, TO GO FORWARD WITH.

SO, YOU KNOW, I MOVE THAT WE APPROVE CASE NUMBER C U P 5 35 20 23.

SECOND, UM, WE DO HAVE A MOTION AND WE DO HAVE A SECOND.

ANY QUESTIONS, COMMENTS, COUNSEL? ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.

MOTION UNANIMOUS.

CASE, UH, ITEM C, CASE NUMBER C U P 5 36 2023.

NEXT ITEM

[c. Case No. CUP-536-2023 – Conduct a public hearing and consider a Conditional Use Permit for “distribution center” and “fulfillment center” on property zoned “I” (Industrial) District, generally located on the northeast corner of Mt. Lebanon Road and J. Elmer Weaver Freeway (Highway 67), with the approximate address being in the 1300 block of South J. Elmer Weaver Freeway. Representative: Steven Riordan, Stream Realty, Property Owner: J. Cannon Green, LIT SRP Lebanon Cedar Hill, LLC.]

CONDUCT A PUBLIC HEARING, CONSIDER A CONDITIONAL USE PERMIT FOR DISTRIBUTION CENTER AND FULFILLMENT CENTER ON THE PROPERTY ZONE.

I INDUSTRIAL DISTRICT GENERAL, LOCATED ON THE NORTHEAST CORNER OF MOUNT LEBANON ROAD, JM WEAVER FREEWAYS, HIGHWAY 67 WITH APPROXIMATE ADDRESS BEING 1300 BLOCK OF SOUTH JM WEAVER FREEWAY REPRESENTATIVE STEVEN ROR DEN EXTREME REALTY.

UH, PROPERTY OWNER J KEN GREEN, L I T S R P LE, UH, LEBANON, CEDAR HILL, LLC.

IS ANYONE WISHING TO SPEAK IN FAVOR ON THIS? I'M SORRY.

ANY APPLICANT AVAILABLE ON THIS? ALL RIGHT.

WITH THAT, WITH THAT BEING SAID, I'LL GO AHEAD AND OPEN UP THE PUBLIC HEARING.

ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER C U P 5 36 2023? ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER C U P 5 36 2020? ALL RIGHT, WITH THAT, I'LL GO AHEAD AND CLOSE PUBLIC HEARING COUNSEL, THE FLOOR IS OPEN.

[00:20:01]

MAKE A MOTION THAT WE APPROVE, UH, C U P 5 36 DASH 2023.

DO WE HAVE A MOTION? DO WE HAVE A SECOND? SECOND, DO WE HAVE A MOTION FOR APPROVAL? AND WE DO HAVE A SECOND.

ANY ADDITIONAL QUESTIONS, COMMENTS, COUNSEL? ALL ON FAVOR? YOU RAISE YOUR RIGHT HAND.

MOVE UNANIMOUS.

NEXT ITEM

[d. Case No. CUP-537-2023 – Conduct a public hearing and consider a Conditional Use Permit for “distribution center” and “fulfillment center” on property zoned “I” (Industrial) District, generally located on the southeast corner of Mt. Lebanon Road and J. Elmer Weaver Freeway (Highway 67), with the approximate address being in the 1400 block of South J. Elmer Weaver Freeway. Representative: Steven Riordan, Stream Realty, Property Owner: J. Cannon Green, LIT SRP Lebanon Cedar Hill, LLC.]

IS CASE NUMBER 5 37.

I'M ON 5 37, RIGHT? YES.

5 37 2023.

CONDUCT A PUBLIC HEARING, CONSIDER A CONDITION USE PERMIT FOR DISTRIBUTION CENTER FULFILLMENT CENTER ON PROPERTIES ZONE I INDUSTRIAL DISTRICT, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MOUNT LEBANON ROAD WITH JMR RIVER FREEWAY, HIGHWAY 67, WITH THE APPROXIMATE ADDRESS BEING ON THE 1400 BLOCK OF SOUTH J ELMA WEAVER FREEWAY.

REPRESENTATIVE STEVEN REORDER AND STREAM REALTOR PROPERTY J.

PROPERTY OWNER J CANNON GREEN, L I T S R P, LEBANON CEDAR HILL LLC.

UM, ANY APPLICANT, ANYBODY WANNA COME UP TO THE COUNCIL? UH, GO AHEAD AND GO TO THE PUBLIC HEARING.

ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER C U P 5 37 2023? ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER C U P 5 37 2023? ALL RIGHT, I'LL GO AHEAD AND CLOSE THAT PORTION OF THE PUBLIC HEARING FAR AS OPEN COUNSEL TO THANK YOU THERE.

AS, UH, COUNCIL MEMBER HAYDEN ALREADY SAID THERE'S BEEN A LOT OF DISCUSSION AND APPRECIATE STAFF'S INVOLVEMENT IN, IN HAVING DIALOGUE WITH THE, UM, RESPECTIVE PROPERTY OWNERS, AND I WOULD MAKE A MOTION FOR APPROVAL OF C U P 5 37 20 23.

SECOND, DID YOU HAVE A QUESTION TO COMMENT? NO, I WAS GONNA MAKE A MOTION.

OH, OKAY.

YOU GOT, YOU GOT BEAT OUT.

SO, UH, MAYOR PRO, TIM, YOU DID MOVE FOR APPROVAL? YES.

DO I HAVE A SECOND FROM COUNCIL MEMBER HAYDEN? ANY QUESTIONS, COMMENTS, COUNSEL? ALL IN FAVOR FOR YOU TO RAISE YOUR RIGHT HAND.

MOTION UNANIMOUS.

E CASE NUMBER C U P 5 38 2023.

NEXT ITEM IS

[e. Case No. CUP-538-2023 – Conduct a public hearing and consider a Conditional Use Permit for “distribution center” and “fulfillment center” on property zoned “I” (Industrial) District, generally located on the northern corner of J. Elmer Weaver Freeway (Highway 67) and American Way with the approximate address being in the 1700 block of South J. Elmer Weaver Freeway. Representative: Kayla Welsch, Hillwood Development, Property Owner: Toby Rodgers, USICV high Point 67 Lot 1 and USICV high Point 67 Lot 3 Inc.]

CONDUCT THE PUBLIC HEARING, CONSIDER A CONDITIONAL USE PERMIT FOR DISTRIBUTION CENTER AND FULFILLMENT CENTER ON PROPERTY ZONE I INDUSTRIAL DISTRICT GENERAL, LOCATED ON THE NORTHERN CORNER OF J ELMER WEAVER FREEWAY HIGHWAY C SEVEN, AND AMERICAN WAY, WITH THE APPROXIMATE ADDRESS BEING IN THE 1700 BLOCK OF SOUTH J ELMER WEAVER FREEWAY REPRESENTATIVE KAYLA WELSH.

HERE WITH DEVELOPMENT PROPERTY OWNER TOPI ROGERS, U S I C V, HIGH POINT 67, LOT ONE AND U S I C V, HIGH POINT 67, LOT THREE INCORPORATED.

IS THERE ANYONE HERE WISHING TO SPEAK ON THIS ITEM? I SEE ANYONE APPROACH.

I'LL GO AHEAD AND OPEN UP THE PUBLIC HEARING.

UH, ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER C U P 5 38 2023? ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER C U P 5 38 2023? I SEE ANYONE APPROACH, I WILL CLOSE THAT PORTION OF PUBLIC HEARING.

UH, COUNCIL THE FLOOR IS OPEN.

GO FAST.

I'D LIKE TO MAKE A MOTION THAT WE APPROVE CASE NUMBER C U P 5 38 2 23.

WE DO HAVE A MOTION FOR APPROVAL.

DO WE HAVE A SECOND? SECOND.

COUNCILMAN MCCURDY.

ANY QUESTIONS, COMMENTS, COUNSEL? ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.

UNANIMOUS.

HI, MY NAME'S JUSTIN MARSHALL.

AND, UH, FINAL

[f. Case No. CUP-541-2023 – Conduct a public hearing and consider an application for a Conditional Use Permit for the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant [Cotton Patch] on property zoned “LR” (Local Retail) District, generally located south of West Belt Line Road, east of J. Elmer Weaver Freeway (Highway 67) with the approximate address being 124 West Belt Line Road, Suite #3. Applicant: Adrienne Skeel, Cotton Patch, Property Owner: Coy Quine, TSCA 202 LTD Partnership c/o TSCA 202 Holdings, Inc.]

ITEM ON PUBLIC HEARING.

CASE NUMBER C U P 5 41 2023.

CONDUCT THE PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A CONDITIONING USE PERMIT FOR THE SALE AND ALCOHOLIC BEVERAGE, UH, FOR ON-PREMISE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT COTTON PATCH ON PROPERTY ZONE.

LR LOCAL RETAIL DISTRICT GENERAL LOCATED SOUTH OF WEST BELTLINE ROAD EAST OF J UH, ELMA WEAVER FREEWAY HIGHWAY 67 WITH THE APPROXIMATE ADDRESS BEING 1 24 WEST BELTLINE ROAD, SUITE NUMBER THREE, APPLICANT.

ADRIAN SKILL, UH, COTTON PATCH.

PROPERTY OWNER, COY KEEN, T S C A 2 0 2 L T LTD.

PARTNERSHIPS CARE OF TSCA A 2 0 2 HOLDINGS INCORPORATED.

DO WE HAVE A REPRESENTATIVE HERE? THEY'D LIKE TO COME BEFORE THE COUNCIL? GOOD EVENING.

EVENING.

HOW ARE YOU DOING? SOMEBODY WANTS TO COME AND TALK TO US.

MM-HMM.

DO YOU NEED MY ADDRESS, SIR? MY ADDRESS IS TWO 11 BATES, B A T E S ROAD, AND THAT IS IN LUFKIN, TEXAS, 75,901.

IT'S A FEW HOURS WAY OUT IN EAST TEXAS.

I'M THE MARKET DIRECTOR FOR, FOR CEDAR HILL.

IT'S ONE OF THE 13 STORES I OVERSEE GO FROM EAST TEXAS ALL THE WAY UP HERE.

AND I, I HAVE NO PRESENTATION, BUT I'M HERE TO ANSWER ANY QUESTIONS THAT ANYONE MAY HAVE.

SURE.

WELL, BEFORE WE ASK ANY QUESTIONS, WE'LL GO THROUGH THE PUBLIC HEARING.

SURE THING.

IF COUNSEL HAVE ANY QUESTIONS, WE'LL BRING YOU BACK UP.

ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER C U P 5 41 2023? ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER C U P 5 41 2023? NOT SEE ANYONE APPROACH, UH, GO AHEAD AND CLOSE THAT PORTION OF THE PUBLIC HEARING.

I JUST DIDN'T KNOW HOW IT WORKED, SO I THOUGHT I JUMPED OFF.

SO WITH THAT COUNSEL, I'LL GO AHEAD AND GO INTO THE PUBLIC HEARING CASE NUMBER C U P 5 41 2023.

[00:25:01]

UH, COUNSEL, HAVE ANY QUESTIONS? COMMENTS? YES.

I'LL JUST GOT A QUESTION.

YOU GOT A QUESTION? OKAY.

YEAH, THE APPLICANT ASK YOUR A QUESTION.

PLEASE COME ON UP.

PRO TEMP.

I APPRECIATE YOU'VE BEING HERE.

SO THIS IS SOMETHING NEW FOR COTTON PATCH LOCALLY, IS THAT CORRECT? LOCALLY, YES.

WE HAVE 48 LOCATIONS AND UP UNTIL RECENTLY, ALL BITT 10 HAD SOME VARIATION OF ALCOHOL SERVICE AND WE'VE BEEN THESE LAST 10 LOCATIONS WORKING ON.

UM, AND AND FOR THE RECORD, WOULD YOU STATE WHAT TYPES OF ALCOHOLIC BEVERAGES IN TENNESSEE? IT'S JUST BEER AND WINE.

JUST SINGLES AND, YEAH, THAT'S ALL I HAD NO BAR.

THAT WAS GONNA BE MOWING QUESTION.

YEAH, YOU KNOW, AND HONESTLY, WHEN I SAW THIS ON THE AGENDA, I THOUGHT I WAS THINKING, WAIT, THEY, THEY DON'T SELL BEER IN IN WINE THERE.

I, I WAS UNDER THE APPRA FOR SOME REASON IN MY MIND, I, YOU KNOW, I WAS THINKING THAT YOU WERE ALREADY DOING IT.

SO YEAH, CEDAR HILL IS THE SEVENTH LOCATION THAT WE EVER OPENED AND, UM, WE DIDN'T REALLY START OUT EATING ALCOHOL UNTIL AROUND STORE 12 OR 13.

SO IT'S BEEN A LITTLE BIT OF, BIT OF CATCH UP DURING THE, DURING COVID WHEN THE STATE ALLOWED TO DO THAT, DID Y'ALL DO IT AT THAT TIME? UH, YES, BUT NOT, NOT MUCH.

IT WASN'T AS GOT IT SUCCESSFUL.

RIGHT.

THANKS.

FOR OFFICIALLY, WE DO OFFER LIKE GALLONS OF MARGARITA TO GO AND THINGS LIKE THAT, THE STORES THAT HAVE FULL BARS, BUT THAT'S NOT WHAT WE DO IN CEDAR HILL.

BUT, AND WE TRIED TO DO IT AND DIDN'T REALLY TAKE OFF, SO WE DON'T PUT MUCH EFFORT BEHIND IT.

PERFECT.

ALL RIGHT, WELL THANK YOU FOR OFFICIALLY COMING IN AND GET ON RECORD.

YEAH.

ANYTHING ELSE CAN DO FOR YOU? ALRIGHT, ANY OTHER QUESTIONS, COMMENTS FOR THE PPLICANT? ALL RIGHT, UH, PARDON.

IF THERE'S NO OTHER QUESTIONS, I WILL MAKE A MOTION TO APPROVE CASE NUMBER C U P 5 41 DASH 2023.

WE DO HAVE A MOTION FOR APPROVAL.

AND SECOND FROM COUNCIL MEMBER.

MICHELLE, ANY QUESTIONS, COMMENTS, COUNSEL, ALL IF FAVOR, PLEASE RAISE YOUR RIGHT HAND.

MOVE UNANIMOUS.

WE'LL GO TO THE NEXT ITEM, WHICH IS THE CONSENT AGENDA.

THANK YOU AGAIN.

UM, AND YOU KNOW, THANKS TO STAFF FOR BEING DILIGENT TO WORK WITH THE DEVELOPERS, THANK THE DEVELOPERS FOR PARTICIPATING IN THE PROCESS FOR US TO BE ABLE TO TRY TO FIND, UH, A WIN-WIN ON BOTH SIDES.

SO THANK YOU FOR YOUR PATIENCE.

UM, WITH THAT

[7. Consent Agenda: The Consent Agenda includes routine items that may be acted upon with a single vote. Any council member may remove items from the Consent Agenda for separate discussion and consideration.]

THIS INCLUDES ROUTINE ITEMS THAT MAY BE ACTED UPON WITH A SINGLE VOTE.

ANY CUSTOMER MAY REMOVE ITEMS FROM THE CONSENT FOR A SEPARATE DISCUSSION OR CONSIDERATION.

ARE THERE ANY ITEMS TO BE REMOVED FROM, UH, CONSENT COUNSEL? IF NOT, I'LL GO AHEAD AND MOVE ON TO, UH, TO READ OUT THE AGENDA ITEMS, UH, CONSENT AGENDA, ITEM A, CONSIDER APPROVING THE MINUTES OF THE FEBRUARY 28TH, 2023, CITY COUNCIL MEETINGS.

ITEM B, CONSIDER AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NORTH STAR PLACE BRANDING AND MARKETING FOR BRANDING AND MARKETING SERVICES.

COUNCIL, THOSE ARE YOUR CONSENT AGENDA ITEMS. THE FAR AS OPEN MAY I MAKE A MOTION WILL BE APPROVED.

CON CONSENT AGENDA ITEMS A AND B IS READ.

SECOND.

WE DO HAVE A MOTION FROM COUNCIL MEMBER HAYDEN.

DO HAVE A SECOND FROM MAYOR PRO? TE SIMS FAVOR, PLEASE RAISE YOUR RIGHT HAND MOTION.

UNANIMOUS.

YOU DID VOTE RIGHT? COUNCILWOMAN? YES.