REGULAR MEETING of the MUSIC COMMISSION April 1, 2024, 6:30PM CITY HALL COUNCIL CHAMBERS ROOM 1001, 301 W 2ND STREET, Austin, Texas 78701 Some members of the Music Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, call or email Shelbi Mitchell, 512-974-6318, Shelbi.Mitchell@austintexas.gov. CURRENT BOARD MEMBERS/COMMISSIONERS: Nagavalli Medicharla - Chair, Anne-Charlotte Patterson – Vice Chair, Oren Rosenthal – Parliamentarian, Nelson Aguilar, Tami Blevins, Pedro Carvalho, Leonard Davila, Lauryn Gould, Jonathan “Chaka” Mahone, Celeste Quesada, Scott Strickland, CALL TO ORDER PUBLIC COMMUNICATION: GENERAL AGENDA Approve the minutes of the Music Commission Meeting on March 4, 2024. APPROVAL OF MINUTES 1. STAFF BRIEFINGS 2. Staff presentation on land use by Donald Jackson, Business Process Consultant, Economic Development Department. Live Music Fund collections update by Kim McCarson, Program Manager, Music & Entertainment Division, Economic Development Department. 3. 4. 5. Update on consultant evaluation of the FY23 Live Music Fund Event Program by Erica Shamaly, Division Manager, Music & Entertainment Division. Update on FY24 Austin Live Music Fund guidelines by Erica Shamaly, Division Manager, Music & Entertainment Division. DISCUSSION ITEMS 6. 7. 8. 9. 10. 13. Update on SXSW Fair Pay by Aaron Lack, Austin Federation of Musicians Local. Presentation on Besame Mucho Festival by Circuit of the Americas representative. Discussion on booking for live music venues. Update on Downtown Commission recommendations to council on Red River Cultural District Funding and Convention Center expansion community oversight, by Vice Chair Patterson. Update on live musical performances for Music Commission meetings by Shelbi Mitchell, Program Coordinator, Music & Entertainment, Economic Development Department. Discussion regarding all ages shows and how the City of Austin supports youth in Austin. 11. DISCUSSION AND ACTION ITEMS 12. Approve recommendation for sound assessment and disclosure requirements for residential development near Outdoor Music Venues and Performance Venues by Brian Block, Nightlife & Entertainment Services Manager, Development Services Department. Approve recommendation for Hotel Occupancy Tax collection from unlicensed Short Term Rentals (STR) and additional cultural funding via STR platforms following update on joint Urban Core Land Use Working Group …
Live Music Venue and Creative Space Regulatory Incentives Phase II April 2024 Council Actions Resolution No. 20220728-094: Establish the criteria to be a Live Music Venue Create live music venue bonus and incentive program for new and existing venues, Initiate changes to Land Development Code Section 25 Resolution No. 20220901-089: Develop and adopt clear creative space land use definitions Create creative space bonus and incentive program for new and existing including venues Create new code elements to "Diversify, sustain, and cultivate the city's culture, music, and arts communities and industries“ Criteria for designation of Arts Districts Initiate changes to Land Development Code Section 25 Resolution No. 20230921-102: Develop LDC amendments with incentives for cultural space preservation and creation by Spring 2024 Bring an ordinance establishing a Cultural District Overlay initiated in Resolution No. 20220728-094 and Resolution No. 20220901-089 by Spring 2024 Guidance from Resolutions Resolution No. 20220728-094: Fee Waivers Modified Parking requirements Expanded facilitation of affordable commercial space... in new construction Prioritization of music venue or creative space as a community benefit for density bonuses or other overlays within the Red River Cultural District, East 6th Street Entertainment District, and Warehouse Entertainment District Resolution No. 20220901-089: Fee waivers Modified parking requirements Expedited permitting process "increase in floor to area ratio (FAR) in square footage or other appropriate development incentive related to what is provided for the dedicated creative space" "Prioritization of creative space as a city-wide community benefit as it relates to density bonus programs, Planned Unit Development (PUD) zoning, or within other regulatory plans Increased flexibility in development regulations and opportunities for modification of policies, rules, codes, or design standards Permit accessory use as a theater, art gallery, or art workshop in all commercial and industrial/warehousing zoning districts Goals and Timeline Goals Develop a paper district that is not mapped; no change to a property’s zoning will be made through initial district adoption Aggressive timeline to meet Spring goal After adoption, owners of eligible properties may then request a rezoning to incorporate “Creative District (CD)” code string Milestones Arts Commission: March 18 present Music Commission: April 1 Codes and Ordinances Joint Committee (COJC): March 20 Recommended for adoption through unanimous vote of members City Council Set Date: April 18 (May …
Sound Assessment & Disclosure Requirements Proposal Presentation to City of Austin Music Commission April 3, 2024 Background • Council approved Resolution No. 20181018- 038 directing the City Manager to propose programs, rules, and ordinances necessary to improve compatibility between residents, lodging establishments, and music-related businesses. • The resolution was part of Council efforts to support music, arts and culture. Purpose • Policy related to residential development responsibility is still outstanding. • In addition to the sound ordinance and enforcement, the sound management system should also anticipate and address quality of life issues for residences in proximity to nightlife and entertainment establishments and districts. Policy Goals Ensure Accurate Expectations • Improve compatibility between entertainment uses with amplified sound and residential and hotel uses. • Anticipate, plan for, and minimize common conflicts between residential and hotel uses and entertainment-related amplified sound. • Ensure residential and hotel development projects understand the sound levels in the area so they can design and construct the building considering the sound impact from nearby code-compliant entertainment uses. • Provide residential development projects and new residents with accurate expectations about the level of sound that will be present in the environment, and the information they need to make informed decisions. Approach A commonsense solution that is not prescriptive and focuses on education and awareness Sound Assessment & Disclosure Requires residential and hotel developments near Outdoor Music Venues and Performance Venues to: • conduct a sound assessment • disclose to future residents when they sell or lease units about the presence of nearby venues, and that a sound assessment was conducted Description and Intent • Does NOT mandate building standards. • Requires residential developers to: Promotes Education and Informed Decisions 1. document that they have studied the sound levels in the area they are building. • This includes assessing the impact of legally compliant sound from nearby music and nightlife establishments. 2. disclose to future residents the presence of nearby music and nightlife establishments, and that a sound assessment has been conducted. Description and Intent • Residents are encouraged to ask questions about sound mitigation efforts, make informed decisions Promotes Education and Informed Decisions • Does NOT require anything further from Outdoor Music Venue Permit Holders or Performance Venues. • Their sound level is already regulated with a fixed sound level standard that is appropriate for the context, is predictable and doesn’t change when new residential is built nearby. …
MUSIC COMMISSION MEETING 4/01/2024 H O T E L O C C U P A N C Y T A X C O L L E C T I O N S L I V E M U S I C F U N D Kim McCarson Program Manager UPDATED 4.01.2024 FY 24 Year-to-Date Hotel Occupancy Tax Collections – Live Music Fund FY24 Amended Budget $5,575,000 February 2024 w/ Encumbrances $288,304 FY24 Year-to-Date w/ Encumbrances $2,077,678 FY24 Year-End Estimate $17,874 $312,748 $827,586 $19,399 $338,773 $854,923 $12,938 $323,076 $798,287 $5,509 $217,400 $744,461 $288,304 $857,431 $4,903 $171,733 $755,308 FY 23 October February FY 24 November March December April January May FY 23 Year-to-Date Hotel Occupancy Tax Collections – Live Music Fund FY23 Amended Budget $4,100,000 September 2023 w/ Encumbrances $17,874 FY23 Year-to-Date w/ Encumbrances $4,472,973 FY23 Year-End Estimate $4,043,166 $17,874 $312,748 $827,586 $19,399 $338,773 $854,923 $12,938 $323,076 $798,287 $5,509 $217,400 $744,461 FY 23 October April November May December June January July February August March September
Austin Live Music Fund 2024 Draft Program Guidelines Erica Shamaly, Music & Entertainment Division Manager Economic Development Department Music Commission Meeting, 4/1/2024 Austin Live Music Fund • The Live Music Fund was established by City of Austin Ordinance No. 20190919-149 and provides an ongoing budget for cultural funding programs for Austin's music industry • The Live Music Fund Master Timeline outlines how pilot program guidelines formed through a robust community engagement in coordination with the Music Commission and as part of the Cultural Funding Review: Arts, Heritage, Music • Music Commission Recommendation 20201019-2bii stated that the core equity principles of Preservation, Innovation and Elevation & Collaboration (P.I.E.) be followed to create greater economic growth in Austin's music industry • Music Commission Recommendation 20220207-3b: Commission recommends "Option 2" to amend guidelines presented on September 13 according to feedback from the Live Music Fund Stakeholder Working Group 2 Austin Live Music Fund – 2024 Eligible Applicants Professional Musician – Must meet at least one of the following requirements: • At least 2 years of documentation showing that Applicant has regularly performed as a professional musician— solo or as part of a band—in live performances to public audiences • Or 6 released recordings (singles) • Or 6 promotionally released music videos Independent Promoter – Must meet all of the following requirements: • No more than 3 staff, including the owner, and • Documentation showing that Applicant has curated and promoted live shows featuring musicians and bands for at least two years, and • Must not be contractually tied to one venue. Live Music Venue – Must meet at least five (5) components of the City of Austin definition: • An establishment where live music programming is the principal function of the business and/or the business is a live music destination, and where the venue establishes the ability of an artist to receive payment for work by percentage of sales, guarantee, or other mutually beneficial formal agreement for every performance. A live music venue is a destination for live music consumers, and/or its music programming is the primary driver of its business. 3 Austin Live Music Fund – Purpose & Core Principles Program Purpose – Encourages, promotes, improves, and showcases Austin’s diverse live music industry through supporting a wide array of music initiatives, including Live and online events; studio, video, and merchandise production; and, touring, marketing, and broadcasting that is targeted to local audiences, …
MUSIC COMMISSION RECOMMENDATION 20240401-13a Date: April 1, 2024 Subject: Improved Collection of HOT and Fees from Short-Term Rentals Motioned By: Vice Chair Patterson Seconded By: Commissioner Gould Recommendation The Music Commission recommends that City Council direct the City Manager and City staff support music and cultural funding by implementing mechanisms to: 1. improve and streamline STR licensure and compliance in order to increase HOT collection; 2. require that City’s portion of Hotel Occupancy Taxes be collected automatically by STR platforms from the hosts, then remitted to the City; 3. and develop – in partnership with STR platforms – an opt-out cultural sustainability fee for each STR rental in the City of Austin, the proceeds from which would be used to establish a Cultural Sustainability Fund managed by a City partner for the support and preservation of music and cultural arts in Austin. Description of Recommendation to Council The Live Music Fund, Cultural Arts grants, and Heritage grants are funded through Hotel Occupancy Taxes. However, a vast number of STRs operate illegally in Austin and do not collect or remit the City’s portion of HOT, leading to an estimated loss of $3M annually to music and cultural funding. Improved processes for STR licensing and HOT collection can close this funding gap. In addition, the STR industry in Austin could be leveraged for additional cultural funding from visitors, through a small opt-out fee for each rental reservation. Rationale: • Music, cultural arts, and preservation in Austin are supported through the collection of hotel occupancy taxes from lodgings including short term rentals • Currently unlicensed STRs do no remit HOT to the city. • In February of 2024, the Tourism Commission passed a recommendation to council regarding improved STR regulation and HOT collection, accompanied by a comprehensive report. The Music Commissions supports the Tourism Commission recommendation and this Music Commission Recommendation 20240401-13a aligns with the intent set forth in Tourism Commission recommendation 20240214-005 Vote For: 9 (Chair Medicharla, Vice-chair Patterson, Commissioners Aguilar, Carvahlo, Davila, Gould, Quesada, Rosenthal, Strickland) Against: 0 Abstain: 0. Absent: 2 (Commissioners Mahone and Blevins) Attest: Shelbi Mitchell 1 of 1
MUSIC COMMISSION REGULAR MEETING MINUTES 1 April 2024 The Music Commission convened in a regular meeting on 1 April 2024, at City Hall Council Chambers 301 W 2nd St, Austin, TX 78701. Chair Medicharla called the Music Commission Meeting to order at 6:40 p.m. Commissioners in Attendance: Chair Nagavalli Medicharla, Parliamentarian Oren Rosenthal, Leonard Davila, Scott Strickland, Nelson Aguilar, Celeste Quesada, Pedro Carvalho Commissioners in Attendance Virtually: Vice-Chair Anne-Charlotte Patterson, Tami Blevins, Lauryn Gould CURRENT BOARD MEMBERS/COMMISSIONERS: Nagavalli Medicharla - Chair, Anne-Charlotte Patterson – Vice Chair, Oren Rosenthal – Parliamentarian, Nelson Aguilar, Tami Blevins, Leonard Davila, Lauryn Gould, Jonathan “Chaka” Mahone, Celeste Quesada, Scott Strickland AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL Aaron Lack spoke for public communication. APPROVAL OF MINUTES 1. The minutes from the meeting on March 4 were approved on Commissioner Strickland’s motion, Commissioner Davila’s second with a 8-0 vote. Commissioners Aguilar and Rosenthal abstained. STAFF BRIEFINGS 2. Staff presentation on land use by Donald Jackson, Business Process Consultant, Economic Development Department. Font Size: 12; Font: Times New Roman; Font Style: Regular 3. 4. 5. 7. 8. 9. 10. 13. 14. Vice-Chair Patterson joined meeting virtually at 7:09 p.m. Commissioner Blevins joined meeting virtually at 7:12 p.m. Live Music Fund collections update by Kim McCarson, Program Manager, Music & Entertainment Division, Economic Development Department. Update on consultant evaluation of the FY23 Live Music Fund Event Program by Erica Shamaly, Division Manager, Music & Entertainment Division. Update on FY24 Austin Live Music Fund guidelines by Erica Shamaly, Division Manager, Music & Entertainment Division. DISCUSSION ITEMS 6. Update on SXSW Fair Pay by Aaron Lack, Austin Federation of Musicians Local. Presentation on Besame Mucho Festival by Circuit of the Americas representative. Representative was not present. Discussion on booking for live music venues. Representative was not present. Update on Downtown Commission recommendations to council on Red River Cultural District Funding and Convention Center expansion community oversight, by Vice Chair Patterson. Update on live musical performances for Music Commission meetings by Shelbi Mitchell, Program Coordinator, Music & Entertainment, Economic Development Department. Discussion regarding all ages shows and how the City of Austin supports youth in Austin. 11. DISCUSSION AND ACTION ITEMS 12. Approve recommendation for sound assessment and disclosure requirements for residential development near Outdoor Music Venues and Performance Venues by Brian Block, Nightlife & Entertainment Services Manager, Development Services Department. The recommendation was approved with a motion by Strickland and …
