Smiley City Council asked to step into parking lot dispute

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The Smiley City Council met for their regularly scheduled meeting Wednesday, Oct. 16 at the municipal building.

One of the main topics of the meeting was regarding a parking lot dispute between Nations Christian Fellowship Church and Mama Luz Tacos.

Nations Pastor Jason Montoya was not present at the meeting last Wednesday, but sent out an email to be read out by City Secretary Scott Jewett.

“I come to you today with a concern/issue that I believe you as the City Council could help out with our church-owned the property on 301 W. Fay Ave., across the street from the parking lot that is outside the old Smiley Grocery,” Montoya wrote. “We have been in this building nearly six years, and just recently, a business, Mama Luz Tacos, explained that they purchased the property across the street.”

“The owner, Mr. Barajas, had city officials contact me to tell me that we could not park there any longer. I was out of town at the time I was notified, and I immediately addressed our church leadership and advised them to make sure that no one parked on the property and to ensure that they were legally parked on the easement off the roadway,” Montoya added.

Jewett added that Barajas allegedly made threats about towing vehicles because he could not enter the property in the area he wanted, which was not a designated driveway.

“He went as far as aggressively approaching one of our church members and yelling at them as they came out of church service. I was advised that Mr. Barajas contact the Gonzales County Sheriff's Office and Constable John Moreno regarding this issue. At that point, I contacted the Gonzales Sheriff's Department, the City Marshal Jason Torres and Constable John Moreno to clarify that where our congregants are parking is legal by state and local law,” Montoya wrote.

All the law enforcement agencies contacted Barajas and advised him there is nothing that he could do about where the church members can park because it is public and legal parking, Montoya wrote.

The Gonzales County Sheriff’s Office, Constable Moreno and Marshal Torres also discovered the property that Barajas is sitting on is not his property, Montoya said in the email, and also discovered that Mama Luz Tacos is operationg without running water, which is a state health and code violation.

“I am all for local businesses succeeding, but they do need to comply with state law,” Montoya wrote. “The property where Mama Luz is setting up, if I understand correctly, belongs to the city of Smiley. I'm asking that the city consider having that portion of land surveyed so that it can resolve this issue.

“And that the city can use that area how you see fit. A public parking lot or rest area would be great,” Montoya added.

Jewett said it has been recommended the city not take any action until Barajas takes all the legal documents pertaining to the bill of sale for the property to the county courthouse.

The council approved to table to agenda item for a later time.

In other business, the council went into executive session to discuss City Financials; no action was taken when the council returned into open session.

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