06 ATTACHMENT 5 - Laserfiche WebLink

• Please note that the Millers believe that the current City's interpretation of the noise codes is incorrect. 16. Page 7 of the 2015 Staff Report continues discussing the proposed changes by the Mason on April 16, 2010, and states: "The Millers indicated that they would review the proposal, but no formal reply was submitted. The Millers continued meeting with staff to discuss their concerns ..." This statement is incorrect. The Millers' attorney, David Austin, had left his practice and so the Millers were in the process of hiring another attorney. A formal reply was eventually submitted in 2011; however, the Millers did respond verbally to the City as verified in the next sentence that "the Millers continued meeting with staff to discuss their concerns." 17. Page 7 of the 2015 Staff Report discusses a Mason party for which that the Millers submitted a code enforcement to the City via Walter Wickbolt on October 15, 2011. Staff states that it was a baptism and that: "The Millers did not specify the location of the noise measurement." • This is incorrect. • First, the Millers had no idea that this was a baptism; the Millers only knew that this was a loud party with music exceeding 60 dba measured at the fence line. • Walter's concern was not where the measurement was taken but rather when the measurement was taken. When Walter found out that the measurement was taken before 8pm, he denied the code enforcement based on the "Daytime exception" code. Walter stated in his email on Oct. 26, 2011, "Between the hours of 8am and 8pm (except Sundays and holidays) the level changes to 70dba." However, Walter left out a critical part of the code which is that the level changes to "70dba at a distance of 25 feet," that is the measurement is no longer at the fence line. • To understand this better, you need to know that there are two noise codes. o The first noise code (9.04.030) restricts noise below 60dba measured at the fence line. Unfortunately, which makes it confusing, this code has no reference to the second code, which can override this code. o The second noise code (9.04.070), for "daytime exceptions," increases the dBA from 60 to 70 during day light hours (8am to 8pm). In addition, the measurement is no longer taken at the fence line, but rather the measurement is taken at a distance of 25 feet. o The Millers contacted Planner Donna Decker to understand from where the 25 feet should be measured. Donna Decker stated in an email, "It would be measured 25 feet from the structure." That is, the measurement is taken 25 feet from the French doors in the lodge building, which is in the middle of the backyard. • During one party with excessive noise in the backyard, the Millers went to the lodge and found Scott Walsh, a Mason on the leadership team. Together, Scott Walsh and Darlene Miller went to the backyard area and took noise measurements on the Millers' noise meter at 25 feet from the building. Of course, this put the noise measurement in the middle of all of the party goers and the noise. It was no surprise that the meter exceeded 70dba. That is, when measured 25 feet from the source, the Masons were easily violating the noise code. • At this point, the Masons are no longer inviting the Millers to perform noise measurements during parties, which brings us to another problem in relying on the noise codes to protect 18