06 ATTACHMENT 5 - Laserfiche WebLink

aforementioned location." That is, the Millers were only hiring a consultant to ensure that the Masons' noise study was performed fairly. • On April 6, 2009, Planner Donna Decker emailed the Millers' attorney David Austin, "The City is currently working with the Masons and imparting the direction given by the Planning Commission. As we learn more of the scope, timing and how the study will be conducted, we will contact you." • On May 13, 2009, the Millers were emaiied by Mr. Dolan that the Masons refused to comply with the condition to hire a noise consultant. Mr. Dolan stated, "The Masons have informed us that they will not fund a noise study." • On June 4, 2009, the Millers sent an email to Brian Dolan asking, "Are you now saying that we are financially responsible for the noise study ?" • In an email on Jun 4, 2009, Brian Dolan states, "(The Masons) have refused to do the (noise) study....1 am not sure how the Planning Commission will react to that position but it is unlikely that it will help them.... Whether you fund a noise study is up to you." • On June 12, Brian emailed the Millers stating, "I am trying to decide when to reschedule the Masons' use permit at Planning Commission ..." However, that meeting was never scheduled. • The Millers' attorney, Mr. Flashman, stated that there were consequences to the Mason's actions to not do the noise study. Because the Masons did not comply with the conditions from the 2009 hearing, the original 1977 CUP is in effect, which the City should enforce. 8. Page 3 of the 2015 Staff Report discusses staff conducting its own noise study, and states: "Since the hearing in 2009, staff has contacted ... an acoustical consulting firm to conduct a noise study during an event at the Masonic Center. Over the course of one year, staff monitored the Masonic center event calendar, but did not identify a suitable event at which to conduct noise monitoring. Thus, no noise study was conducted." • This is incorrect. First, the Millers were unaware that the City was conducting their own study after the Masons refused to do the noise study as required in Condition #2 of the 2009 hearing. • The Millers emailed Brian Dolan on 2/16/2010 complaining about another Masonic party over the weekend, for which the Millers did call the police. Brian Dolan emailed back stating, "We had been waiting until we had measurements from a scheduled event but in light of the events this weekend, we are contacting Chris Chamberlain to ask for a meeting." Therefore, there absolutely was a "suitable event" to conduct noise monitoring. 9. Page 3 of the 2015 Staff Report discusses additional complaints received since the March 2009 hearing: "Since the March 2009 Planning Commission meeting, ... the City's code enforcement division received two complaints from the Millers related to noise generated at the Masonic center: (1) a baptism in the afternoon of Saturday, October 5, 2011, and (2) a birthday party in the afternoon of Saturday, November 9, 2013." 14