My hope is that at some point City Council can be convinced to wipe everything clean and bring in an acoustical consultant with experience writing ordinances to provide the basis for a fresh start. A foundation of good acoustics should be laid down first, with the details adjusted to taste based on the specific needs of the city. But how to convince them it’s worth the time and expense?

In addition, here is my post of August 9, 2011, linked below, to further reinforce the argument that the Music Commission discussions, as well as the discussions you point out in this post, although appropriate praise for the excellent work they are doing, is not where the problem exist.

My point is: The City Council continues to ignore the Music Commission’s suggestions, and, in fact, is causing more problems, every time that they do finally take action.

What good is excellent work going to do, if the City Council at best, moves at a snail’s pace, to get anything done about an a section of the Code that they and their Staff have messed up, annually, for years now (usually right before SxSW, causing everyone to scramble, at the last minute), and at worst, entirely ignores the recommendation of the Music Commission to the City Council (the limit of the Music Commission’s power)

Tuesday, August 9, 2011 :
Tonight: Special Called Meeting
of the Austin Music Commission

The following is a link to my post, from that same night:
http://austincitypermits.com/?p=5490

Respectfully,
Gary Etie

First, I want to applaud your comprehensive and professional approach to the issue of Noise & Austin. Your most recent post, analyzing the Nutty Brown Cafe sound issues, is excellent.

You have my complete support in continuing your efforts to educate all parties; the public, business owners (especially venue managers), and developers as to the facts, and workings of the current state of affairs, especially in the area of analyzing the extremely bad and broken Noise & Sound Ordinance, in it’s current form.

I’ll point out the following, however, as to what, in personal opinion, is the real problem, in spite of the Music Commissions great work. I feel that if this central problem is addressed, it would make your work, my work, and the Music Commission’s work, much more effective and beneficial to everyone concerned.

At the following links, you can read certain facts, along with my analysis of why the City Council is moving (albeit, as slow as molasses), in the exact opposite direction of the Music Commission’s Recommendations to Council (which is the limit of the Music Commission’s power.

“DANA Letter to the Mayor & Council” – http://goo.gl/y2pD4

“Disingenuous Politickin’” – http://austincitypermits.com/?p=4170

“Mistake on Decibel Reading Location” – http://austincitypermits.com/?p=4510

In the posts, above, it is clear as to why, on Feb 17th of this year, Council staff basically “screwed the pooch” and set back Austin’s Noise & Sound Ordinance several years

The letter was from DANA (Downtown Austin Neighborhood Association) who were, at the time, very much “at the stakeholder’s table” of the backdoor meetings being called by certain members of the Council. I am of the opinion that DANA was overzealous, drunk on the attention and support they were getting from Council and Staff, and simply overstepped the boundary of just what an organization can insert, of it’s own agenda, directly into the Code.

“Inadvertently … left in place?” – http://austincitypermits.com/?p=4526

That Ordinance included the provision that: ““The decibel limits prescribed under this section must be measured … from the location of the sound equipment on the property or site where the permit is issued.”

This meant that the current 70 dB (Restaurant) and 85 dB (Cocktail Lounges & non-Restaurant venues) decibel level limits would hence forth be measured in front of the speakers!

I was told that Staff didn’t have an Ordinance ready, and with mere weeks before SxSW, a Council Member ordered, “We need something now. Put something together, and get it on the Agenda!”. The Mea Culpa in the form of a Memo by the Council’s staff lawyer, can be read here:

http://goo.gl/5nk7I

As a result of my efforts to quickly call attention the mistake, an additional ordinance was passed (!) 2 weeks later, in order to rid the Code of the inappropriate “mistake”.

“Location of dB Readings Changed” – http://austincitypermits.com/?p=4494

However, if you’ll notice, several other “suggestions” from the Dana letter have remained in the Code, as of that one rushed Ordinance.

The Music Commission, as well as the City’s Music Office have been doing an excellent job of communicating these damaging inclusions, starting as recently as 6 months ago, so far, absolutely NO action has been taken by Council … and that’s my point.

Respectfully,
Gary Etie