July 25, 2023
City Council Notes
New council member appointed; bar owner says he doesn’t turn a deaf ear on noise ordinance
By Jessica Nohealapa’ahi
The Bandera Prophet
Bandera City Council members appointed Manny Longoria to fill an open council seat. Left vacant by former Mayor Pro Tem Jerry Russe, Longoria will complete the unexpired term, serving until the city election this November.
Longoria was one of three applicants for the position. Council Member Lynn Palmer’s motion to appoint Debbie Breen was followed by a council decision to convene in executive session. After reconvening in open session, Council Member Christine Morse motioned to appoint Longoria, which passed with a unanimous vote.
Breen said she is considering a run for the city council seat in November; Longoria said he is unsure at this point.
“I don’t know the future of that,” Longoria said, who will be sworn in at tonight’s meeting. “Let me sit in the chair first and feel the weight of that.”
~ In other business, council approved waiving the Bandera City Park facility use fees for the Bandera Foster Closet to hold a fundraiser color run on Sept. 23.
~ Council created a Noise Ordinance Committee to review the city’s Code of Ordinances, Chapter 8 Offenses and Nuisances, Article 8.04 Noise.
“There has been some kind of an issue with the permit process for the existing noise ordinance, as it specifically applies to the general noise ordinance, outdoor noise, and special event permit process,” Mayor Rebeca Gibson said.
Gibson said the 11th Street Cowboy Bar has received special sound permits for weekend events from midnight to 2 a.m., “which was never how it was supposed to be. It was a staff blunder. We’re on a path to correct that.”
The special sound permit is applicable from 10 p.m. to midnight, and music venues may not exceed 70 decibels. In the city residential areas, the decibel limit is 63. By statute, the state limit is 85 decibels.
Gibson said the city has had nine noise complaints this calendar year, as of July 11, three of which were related to 11th Street.
“We have one business that is actually coming in and getting the permit, we have several more that likely ought to be. Is this the best? Can we do better? How do we partner with businesses that support us and our general fund, and do what is best to protect the residential areas?” Gibson said, adding the city had a drafted proposed ordinance increasing the decibel limit to 85 in residential areas from 10 a.m. to 10 p.m.
“I have dealt with sound issues that almost made me pack up and leave town,” Council Member Tony Battle said, adding he knows several people who did move. “It was so much so, that my children could not sleep on a Wednesday night at 11 p.m.”
Battle said several factors influence the way sound travels within the city limits, including the seasons.
“It’s different in fall and winter, than it is spring and summer,” he said. “We have people who are not trying, who are still doing this on a Wednesday night and their kids still cannot sleep. Our residents are paying taxes, and they have been here a long time. We moved to the country for a reason. I can go to San Antonio and live near the Pearl Brewery and listen to it all night long. We’ve really got to consider the citizens.”
Battle said he believes the current ordinance is well-written and balanced.
“We have to make sure we take care of our citizens and our businesses, but there is a time and a place for everything,” Battle said, who will join Council Member Jeff Flowers on the Noise Ordinance Committee.
“We need to have business and residential representatives. We don’t have the luxury of a big city where residential is clear across town from the business district,” Flowers said. “I’m by the Silver Sage, and I can walk outside and I can hear the music. That’s how far it carries, and it’s clear.”
Gibson suggested council members take the decibel reader to different parts of the community to see how the sound bounces.
11th Street Bar owner Richard Sutton said he intends to obey the code of law, and believed the bar was in compliance.
“We don’t turn a deaf ear on the situation,” he said.
“Most of the homes in Bandera are older, they don’t have insulation in the walls,” Palmer said. “Hopefully we can meet a balance. I don’t know why other venues are not being made to abide by our ordinance.”
Longoria was one of three applicants for the position. Council Member Lynn Palmer’s motion to appoint Debbie Breen was followed by a council decision to convene in executive session. After reconvening in open session, Council Member Christine Morse motioned to appoint Longoria, which passed with a unanimous vote.
Breen said she is considering a run for the city council seat in November; Longoria said he is unsure at this point.
“I don’t know the future of that,” Longoria said, who will be sworn in at tonight’s meeting. “Let me sit in the chair first and feel the weight of that.”
~ In other business, council approved waiving the Bandera City Park facility use fees for the Bandera Foster Closet to hold a fundraiser color run on Sept. 23.
~ Council created a Noise Ordinance Committee to review the city’s Code of Ordinances, Chapter 8 Offenses and Nuisances, Article 8.04 Noise.
“There has been some kind of an issue with the permit process for the existing noise ordinance, as it specifically applies to the general noise ordinance, outdoor noise, and special event permit process,” Mayor Rebeca Gibson said.
Gibson said the 11th Street Cowboy Bar has received special sound permits for weekend events from midnight to 2 a.m., “which was never how it was supposed to be. It was a staff blunder. We’re on a path to correct that.”
The special sound permit is applicable from 10 p.m. to midnight, and music venues may not exceed 70 decibels. In the city residential areas, the decibel limit is 63. By statute, the state limit is 85 decibels.
Gibson said the city has had nine noise complaints this calendar year, as of July 11, three of which were related to 11th Street.
“We have one business that is actually coming in and getting the permit, we have several more that likely ought to be. Is this the best? Can we do better? How do we partner with businesses that support us and our general fund, and do what is best to protect the residential areas?” Gibson said, adding the city had a drafted proposed ordinance increasing the decibel limit to 85 in residential areas from 10 a.m. to 10 p.m.
“I have dealt with sound issues that almost made me pack up and leave town,” Council Member Tony Battle said, adding he knows several people who did move. “It was so much so, that my children could not sleep on a Wednesday night at 11 p.m.”
Battle said several factors influence the way sound travels within the city limits, including the seasons.
“It’s different in fall and winter, than it is spring and summer,” he said. “We have people who are not trying, who are still doing this on a Wednesday night and their kids still cannot sleep. Our residents are paying taxes, and they have been here a long time. We moved to the country for a reason. I can go to San Antonio and live near the Pearl Brewery and listen to it all night long. We’ve really got to consider the citizens.”
Battle said he believes the current ordinance is well-written and balanced.
“We have to make sure we take care of our citizens and our businesses, but there is a time and a place for everything,” Battle said, who will join Council Member Jeff Flowers on the Noise Ordinance Committee.
“We need to have business and residential representatives. We don’t have the luxury of a big city where residential is clear across town from the business district,” Flowers said. “I’m by the Silver Sage, and I can walk outside and I can hear the music. That’s how far it carries, and it’s clear.”
Gibson suggested council members take the decibel reader to different parts of the community to see how the sound bounces.
11th Street Bar owner Richard Sutton said he intends to obey the code of law, and believed the bar was in compliance.
“We don’t turn a deaf ear on the situation,” he said.
“Most of the homes in Bandera are older, they don’t have insulation in the walls,” Palmer said. “Hopefully we can meet a balance. I don’t know why other venues are not being made to abide by our ordinance.”