DeSoto Residents Voice Many Concerns at City Council Meeting

DESOTO – There were quite a few citizens who spoke at the DeSoto City Council meeting earlier this week.

DeSoto Mayor Rachel Proctor said before comments that citizens were not allowed to speak the normally allocated three minutes and she only gave residents two minutes to voice their comments “for the sake of time.”

Mercy Murchison spoke first regarding the council “irregularity” regarding “the voting that took place for the Mayor Pro Tem with Dr. Marks. I am sure that our council members are aware of the legalities of the voting process. You didn’t follow it. Dr. Marks is legally our Mayor Pro Tem and you revoked that vote.”

Trey Anderson spoke on this topic too stating he came before the council to speak on the “fiasco” concerning the Mayor Pro Tem and he also said no one from the city has been returning his calls also noting Mayor Proctor had not gotten back to him either. He was concerned regarding the consolidation of political power and the attempt to end term limits in 2023 that failed. “We are on to you,” he said, speaking to the council.

Resident Shenita Cleveland spoke and said she stood with citizens regarding the Mayor Pro Tem issue. She reminded Mayor Proctor she had block walked with her adding she sees “lies and deceit” and she said this was never going to go away until it is made right.

Mayor Proctor spoke up after Cleveland’s comments and said her comments were “absolutely false.”

Cleveland spoke to Proctor from the crowd and the Mayor responded “stop with the outburst” she had the right to correct false information. At this point there was conversation from the audience and some minor chaos as the mayor commented “audience please, if we could” and one person in the audience stated loudly “wow.”

Ron Bivens said he has been working elections and works with the Republican Party about there not being stolen elections. “But when I heard nothing from the city attorney” and watched the Mayor Pro Tem vote, he said he heard three times that you can vote for yourself. “The messed up part that the city attorney, the assistant, the deputy, I mean the interim City Manager followed suit,” he stated. Robert’s Rules of Order does not order it like that, not according to the City’s Charter.

Christy Thomas, a DeSoto resident, spoke about a lithium battery facility being discussed in the city. She noted that many residents were not coming forward to speak on this critical project. She said she grew up in West Dallas, where many people were plagued with birth defects due to lead from a nearby battery factory. She said she is concerned about the hazards and environmental issues a battery facility will bring to the city.

Thomas added, “I have noticed we don’t make wise decisions when we talk about the things we want to put in our city.”

She said she was coming forward because she had heard that the city was saying no one was coming forward “Well I am saying something for my citizens and we do not agree with a battery facility to come to our All American City.”

Mayor Proctor responded to this, saying that the city is allowed to legally state “factual information” during public comment. She asked the City Manager to state a piece of information regarding the battery storage facility. It was then stated that the city has not received an application for a battery facility and is, therefore, not able to talk about it.

It was then reiterated that the city has not received any zoning change applications and that the city has informed the applicant that this type of proposed use is not allowed in that zoning district. If it did come up, a public hearing would be necessary.

Faye Gillespie spoke regarding the battery facility. She said when the city does get the application for the battery facility, it needs to “overcommunicate” because “citizens do not want that in our community,” and she added, “people of color deserve better.”

Robin Fahmy said the lithium battery company had made a presentation to citizens and the second meeting had over 50 people present. She said, “They presented as if this were a done deal.”

Fahmy said the company indicated the owner of the property said they have the first right of purchase and they have permission from the owner to speak on their behalf regarding the easement.

Donna Anderson spoke regarding the lithium battery storage facility, stating it is a bad idea. She added that citizens do not want that in DeSoto, and “we won’t stand for it, and we don’t want it.”

Renee Edwards spoke against the battery facility and mentioned the “measly $10,000 scholarships” they gave to students while having an “entitled attitude.” She also said they were shopping around to shut residents up. ” We don’t want to be like Dallas… we elected you to be good stewards of the city,” she told the council.

Resident Jerry Palermo discussed the city’s lack of curb appeal and how the dumpsters had diminished that appeal. Resident Eva Raglowski also discussed the dumpster situation and her dislike of it.

Anna Williams discussed the “fleecing of DeSoto” when, several years ago, city leaders put the taxpayers “in a vicarious position” and added, “It was very clear our leadership has failed its citizens, and a sobering end will be a ghetto and a bankrupt city as it presently stands. Fraud, waste, and abuse have plagued the city the last three years, and the standard of living has been degraded.”

Williams listed several reasons why the city is no longer what it was. Instead, it offers smoke shops, hazardous rental properties, and substandard housing, which are eyesores. “Yet city leaders and the city attorney have failed to even address these concerns.”

She said city leaders are too busy meeting with developers and “working out deals, and the leadership has turned a blind eye to the short-term costs of retaining thriving businesses that have been lost and were once part of our community.”

Kay Brown Patrick spoke on behalf of the ADA transition plan and the grievance policy. She stated that there was money for sidewalks at one time, but it did not go to the ADA transition plan as it was meant.

Brown Patrick also said, “Dr. Marks, I do believe that you are the rightful Mayor Pro Tem,” which was followed by applause from the audience. Brown Patrick also said, “The way that took place was crazy.”

Bernadine Harrison said, “DeSoto is now becoming a hell of a mess. I have not seen such a mess in all my life. I do want to say thank you to those councilmembers where we had a meeting, and it was not a dictatorship, and it was not an autocrat.” She added that the city would continue to fight the council until there were members who would represent ‘we the people.’ “Ms. Proctor, you’re at the top of the list.”

Mary Bonaparte said she saw evidence of a clear divide “and who suffers the most are the citizens and taxpayers.” Bonaparte also mentioned the Mayor Pro Tem issue and how it “violated our own policies and procedures” and a “city leadership that have organized together as a pack, voting together whether right or wrong.” She added, “This once beautiful city has lost the strength that once assured the citizens that we had lasting growth.”

Keisha Nixon said she came to speak to her city council representative, Place 4 Andre Byrd, her neighbor. She said, “Yesterday is the third anniversary of a malicious prosecution of when I defended myself against my husband.” She noted she is just a private citizen, and continued “We have commissioners that have been indicted by the federal government, we have seated judges who have been accused of DUI’s and I want to know what I have done to you to make you lie on me, smear me and target me in this city. I still don’t have any answers about my son not receiving any answers from the city for his complaint, his formal complaint where he was forced from his house.”

She thanked Councilmember Place 6 Crystal Chism for getting back to her: “Although that went left, I give her enough respect that she reached out to me.”

Nixon said she wanted to know why she was being ignored “taxation without representation” and added that Byrd’s wife confronted her in a parking lot last year and asked, “What was my deal with you? That is really not her busy.”

Dr. Jacqueline Taylor spoke and complimented the water maintenance team for fixing her sewage issue, and she thanked that department.

Matt Carlson, speaking on behalf of the Development Corporation’s chief executive, introduced the three summer interns to the council.

After the one hour of citizen comments, the DeSoto City Council voted on consent agenda items, including the approval of City Council minutes, including the Regular City Council meeting minutes of March 19, 2024, and April 2, 2024, and the Special Meeting minutes from May 20, 2024, authorizing the City Manager to negotiate and execute a professional service agreement with Freese and Nichols, Inc. not-to-exceed $35,000 for engineering and development review assistance and a resolution approving a grant application to the Texas Office of the Governor – Criminal Justice Division (CJD), for the U.S. Department of Justice, Bureau of Justice Assistance’s Byrne State Crisis Intervention Program Grant for the Regional CARE Team program. These items passed unanimously.

Councilmember Place 3 Nicole Raphiel pulled one item from the consent agenda, stating when she looked at the case number for this item, it was a different case, and she wanted to pull it to confirm the correction. The item was to consider the preliminary plat approval of Uhl Park Estates Addition at 1119 Uhl Rd. It was noted the case number did not affect the vote, but Raphiel said she wanted this item to come back with the correct information at the end of the meeting. When the item was voted on at the end of the meeting with the correction made, it passed unanimously.

City Council then moved into the Public Hearing portion of the meeting. The first item was a public hearing to receive input on the 2024-2025 Community Development Block Grant (CDBG) Annual Action Plan. The City of DeSoto participates in the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program and is required to prepare and submit an Annual Action Plan for the use of CDBG funds that is consistent with the City of DeSoto five-year Consolidated Plan. In FY 2024-2025, the City is slated to receive $273,973 in CDBG grant funding. The program period is October 1, 2024, to September 30, 2025.

Results from the survey to support the proposed plan outlined to the City Council had a total of 58 submissions received from a combination of online comments through the website comment box, paper surveys turned in from the Senior Center meeting and through the Action Center and included administration at 20%, Public Services at 15%, and other eligible CDBG activities as 65% such as a home repair program, sidewalk repair assistance program, and the DeSoto Senior Center facility improvements.

Kay Brown Patrick spoke again regarding this item and reiterated what she said about the transition program and the sidewalks. She suggested that the council look at this again regarding the sidewalks and the CDBG plans.

No action was taken regarding this item.

The second public hearing was to consider an ordinance to amend all zoning ordinances and districts and administrative procedures to align with Section 1 of Senate Bill 929. This Bill requires the governing body of a municipality or zoning commission to provide written notice to property owners and occupants of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary that could result in a current conforming use of a property becoming a nonconforming use. Section 2 of SB 929 also establishes that the owner or lessee of property for which the use has become nonconforming is entitled to receive compensation if the previously conforming use is required to cease operation due to becoming a nonconforming use.

This item passed unanimously.

The third public hearing was to consider an ordinance to rezone a 6.1815-acre tract of land in the Townsend Square Addition at 901 N Polk Street from existing General Retail to a new Planned Development (PD) with base zoning of General Retail with additional Commercial-1 (C-1) uses and a request for deviation from “Parking Requirements Based on Use” to utilize the existing number of parking spaces for all future tenants.

The Future Land Use Plan of the newly adopted Comprehensive Plan identifies the subject site as suitable for Neighborhood Mixed Uses. The proposed commercial uses are inconsistent with the Future Land Use Plan of the 2024 Comprehensive Plan. Findings included this is an existing shopping plaza with different retail uses that is currently zoned General Retail (GR). The applicant is proposing a new Planned Development (PD) with GR as the base zoning district. The request is for a new PD that will allow all the GR uses along with the following Commercial-1 (C-1) uses for an amusement arcade, amusement, commercial (indoor), roller or ice rink, sports facility (indoor)/fitness, school, business and/or commercial trade, medical laboratory, used clothing/thrift store, and a drapery or furniture upholstery shop.

The applicant requested that this item be tabled until a future date, which passed 6 – 1.

The final public hearing was for an ordinance amending Planned Development-20 (PD-20) to allow a new four-story hotel to be developed on approximately 4.323 acres at 1301 E. Wintergreen Road. This hotel would also be open for future retail with no deviation, with 97 guest rooms and multiple amenities, including a restaurant bar, meeting rooms, outdoor lounge, and green space area.

One person spoke, Joyce Hill, who said people do need to know the city wants new business. “However, we don’t want to accept just anything in our community, and we have been inundated with hotels, and I know you have heard that before.” She said she did not believe this hotel, Country Inn and Suites, was a “quality level hotel for DeSoto.”

Councilmember Place 5 Dinah Marks motioned to deny this ordinance amendment, seconded by Andre Byrd.

Councilmember Place 2 Pierette Parker said she was confused on what needs to be done with this item as it was brought as a zoning case. It was also explained the applicant can still seek approval through the administrative process as is set up in Planned Development 20.

Byrd clarified a yes vote would be to deny the item, which was then rejected unanimously.

On the regular agenda, an ordinance passed 6 – 1, with Councilmember Chism voting against it. This wass to authorize the issuance of City of DeSoto, Texas combination Tax and Revenue Certificates of Obligation, Series 2024 for the Capital Improvement Program (CIP) containing street and water & sewer infrastructure improvements, building improvements, and park improvements. This requires the sale of Certificates of Obligation for these improvements to occur. These items will support projects including Danieldale Road / County Joint MCIP #3 (West CL-Westmoreland), concrete street repair, asphalt street repair, park improvements/aquatics & recreation center and water/sewer capital projects.

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