Reprint from the Progress Times - March 16, 2007
©Progress Times 2007 - All Rights Reserved

Septic Tank Use Is Denied By Mission City Council

By Kathy Olivarez

Allowing septic tanks at the same time the city is applying for state grants to build sewer lines is a bad idea, according to Mission Mayor Beto Salinas, who said he would not approve their use.

A request to temporarily use a septic tank in a two-lot subdivision on 1.763 acres located 400 feet east of Moorefield Road on the south side of Griffin Parkway was denied.

In November, when Hutton Development applied for permission to build a Family Dollar on the site, use of septic tanks was requested.

While the site is in Mission’s extraterritorial jurisdiction, it is in the La Joya Water Supply Corporation CCN (service area). However there are previous instances when Mission has extended a sewer line into this area when LJWSC had no sewer available.

Salinas told developers he would rather have the city extend the line to the site and have the developer pay part of the cost. Once the line is in place, other developers could hook on and pay the rest of the city’s cost. Estimates were that the line would cost about $218,000.

The council approved extending the line to the subdivision.

However, in the interim, the work to extend the line to the site was not done. Because permission to build before all utilities were in place was granted to the developer, the store is complete and ready to open but has no sewer service.

Attorney Ciro Ochoa requested permission for the store to put in a septic tank until the line is installed. He said his client was willing to pay an estimated $5,601.29 for his pro-rata share of costs.

However, it had been Ochoa’s understanding if the line were not ready the city would allow temporary use of a septic tank.

Salinas denied this was the case. When the council approved funds to build the line, city staff should have made plans to extend the line. He said the city has several applications for grants for sewer service and it would not look good if it also allowed use of septic tanks.

Engineer Fred Kurth agreed with Ochoa that he also, understood that a septic tank could be used temporarily.

The mayor was adamant that he had not approved use of a septic tank when he authorized city staff to spend city funds to provide a permanent solution by extending a sewer line that would open up the area for development. He asked Kurth how long it would take to get the sewer built.

Kurth said it could be bid in two weeks but it would take at least 75 days to get the line to the point where it is needed. He said there is a hold up because one additional easement was needed before the project can be constructed.

Instead of relenting to allow use of a septic tank, the mayor held fast to his position that the city had approved the project and that someone had failed to carry it out. After discussion the council refused to approve use of a septic tank and tabled the action for further consideration.

The council approved a proposed agreement for mutual services between Las Colinas Subdivision and the City of Mission or emergency storm relief. The subdivision is between Shary and Glasscock on the south side of Mile 2 Road. Las Colinas has a private storm line system that is interconnected to the Mission Lateral.

Staff wants to pay for emergency diversion of floodwaters on Mile 2 Road by entering into an agreement to permit the city to allow public floodwaters into the private system. In return the city will repair potholes on the subdivision’s private street.

The council was told if the city did not enter into the agreement, Mile 2 Road could be temporarily closed due to rising floodwaters in an emergency situation.

A conditional use permit to allow Susana Pierce to operate a sports and karaoke bar at 409 Conway Avenue was denied in the Monday, March 12 meeting of the council. The site is 100 feet north of the northwest corner of Conway and 4th Street. The request was denied because the code states a bar or cantina must be 300 feet from the nearest residence, church, school or publicly owned property. Lopez Park is within 300 feet as are many residences.

In the past there have been numerous complaints involving existing bars along Conway. Council plans to phase in compliance and allow no variances for bars that do not meet codes. The council voted to deny the request.

Mrs. Pierce, who was in the audience, was upset. A representative for her tried to convince the council they were wrong. Discussion was halted by City Attorney David Guerra and the mayor promised to meet with Mrs. Pierce at a later time to explain the problem.

A request by Encanto Estates to change the street name from Fair Oaks Drive and Orange Avenue to Encanto Estates Boulevard was denied. The council was told the postmaster objected because of the need for alignment in street names.

Residents in the subdivision said there had been emergency calls that were not answered because the emergency personnel could not find the subdivision.

City Manager Julio Cerda had supported the requests since it involves a private subdivision. However, the council overruled him.

In her tax collection report, Janie Flores, finance director, told the council the total adjusted tax levy was $13,246,710.34. Tax collections for January were $9,616,877.41, which represents 72.60 percent of the total levy.

Election judges for the May 12 election were approved. Romeo de la Garza and Alma de la Garza were appointed to the northeast precinct (Bryan Elementary). Joe Montemayor and Connie Garza were appointed for the northwest precinct (Mission High School). Humberto Villarreal and Lydia Flores were appointed to the southwest precinct (Pearson Elementary). Patricia Navarro and Lupita Navarro were appointed to the southeast precinct (Castro Elementary). Martha Palmer was appointed to the Sharyland site (fire station). A second judge for this site is needed.

The council approved Resolution 1166 giving Mission Economic Development Corporation (MEDC) permission to issue revenue bonds for IESI TXC Corporation and IESI TX Landfill L.P. The council was told the city has no liability but will receive an initial fee of $77,450 for issuance of the bonds and an estimated $6,000 per year for seven years.

MEDC also was approved to issue revenue bonds for Allied Water North America, Inc. MEDC will receive a fee of $176,750 for issuance and an estimated $17,500 per year for at least seven years.

The council approved an amendment to Housing Assistance Program guidelines, which allows an option to contractors that did not provide payment and performance bonds to be awarded the project with the condition that the first payment would be made at 90 percent, with the second payment of 10 percent due 31 days after completion of the project.

The Mission Civil Service rules were amended to give preference to individuals who have approved veteran status in the case of a tie. Also in case of a tie, the person with the best score on the first 30 questions would get the position.

Early voting will be held at Mission City Hall for the constitutional amendment election. City hall will be open Saturday, May 5, from 8 a.m. to 5 p.m. to coincide with hours the county is conducting early voting.

The Mission Fire Department was granted authorization to apply for a grant of $18,000 from the Texas Commission on Fire Protection Fire Department Emergency Program. The money would be used to purchase an 800-gallon pump skid unit. The unit would be placed on a truck currently used as a brush truck.

Under board appointments, Richard Martinez was named to the Mission Historic Preservation Commission and Robert Tellez to the Tax Increment Reinvestment Zone (TIRZ) board.

Express Business Services was granted the bid for vending services for the city.