ELSA — One electronic game room has opened its doors and more appear to be in the works here after the Elsa City Council sat down to discuss so-called “municipal services agreements” on Tuesday.
However, city officials were reticent to speak about what exactly those service agreements entail, or whether they actually pertain to proposals to open more 8-liners under the terms of the electronic game rooms ordinance the city approved last September.
“Nope. No interviews,” Elsa City Manager Juan Jose “J.J.” Ybarra said when questioned by The Monitor after the city council meeting ended.
Tuesday’s meeting agenda included public hearings regarding the municipal services agreements for two properties — one, a former Advance Auto Parts store, and the other, a property along Highway 107, just west of the main hub of the city.
That second location, owned by a man named Armando Rodriguez, is not far from the existing 8-liner, Jackpot Junction, whose well-lit parking lot was full Tuesday evening.
But the first property — the former auto parts store owned by a corporation described in the agenda as “Plata Properties Incorporated” — is located in the heart of the city, just one block east of City Hall, and within 100 feet of Lyndon B. Johnson Elementary School.
If the former store is to become an electronic game room, its location would appear to violate the city’s game room ordinance, which prohibits such businesses from being located within 300 feet of a school, church, daycare or hospital.
Ybarra denied knowing what the plans for the location are.
“I don’t know what he wants to do,” Ybarra said when asked about the property owner’s plans for the former store.
However, Elsa City Attorney Gus Acevedo later confirmed the two locations are under consideration as 8-liner rooms.
“I think they will be,” Acevedo said.
When asked about the Plata Properties location’s proximity to the school, Ybarra replied, “Uh, interesting, right?”
The language of the ordinance is clear.
“No permit shall be issued for the display, exhibition or operation of any skill or pleasure coin-operated machine ‘eight liners’ within three hundred feet of a residence, school, church, day care or hospital,” Section 12 of the ordinance reads.
The ordinance further specifies how that distance should be calculated.
“The three hundred feet limitation hereby imposed shall be measured from the nearest point on the property line of the premises upon which a machine is to be located, displayed or operated to the nearest point on the property line of a residence, school, church, day care or hospital in a straight line between the two points,” the ordinance reads.
From the closest corner of the former store building, to the closest corner of the school’s building is just 100 feet, according to Google Maps.
Acevedo had a different view of the ordinance’s limitations, however.
When asked about the 300-foot rule, Acevedo said his interpretation is that the measurement is taken “door-to-door.”
All parts of the former auto parts store appear to fall within the 300-foot radius of the school’s property line.
Section 12 of the ordinance does give the city flexibility to grant variances.
“This Section is subject to the Model Subdivision Rules in which a variance may be considered by the City,” reads the last sentence of Section 12.
But Ybarra also declined to comment about that section of the ordinance.
“I have no comment,” he said.
The Monitor pressed the city manager about his refusal to comment.
“Yeah, because there’s nothing going on. Only one permit’s been issued. (The) City of Elsa is taking a very measured approach. We’re exploring every option when it comes to these gaming permits. So, that’s why only one’s been issued,” Ybarra said while walking away.
Public records show the registered agent for Plata Properties is a man named Saul Ortega.
But neither Ortega, Rodriguez, nor anyone else from the public rose to speak during the public hearings on the proposed municipal services agreements.
Instead, when it came time for the council to take action, both items passed unanimously after motions by Councilman Ricardo “Rick” Sanchez and seconds from Carlos “Cory” Sanchez.
