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that back alley behind the shopping center that we could see potential collisions occurring between those trucks and the fenced outdoor area being proposed. Commissioner O'Connor: That was one of the issues, but we also mentioned the noise which was the second issue. Weinstein: Yes, absolutely. Noise was a problem as well. I don't believe we indicated the noise levels there would exceed the noise ordinance. That wasn't a claim that we made during that discussion, but we acknowledged that just like we're talking about tonight, noise can be an irritant along with activity levels, along with the other things we talked about before like lighting; that even though there wasn't necessarily going to be an exceedance of the noise ordinance, that was a consideration; that noise generation at that location was something worth considering in denying the application. Commissioner O'Connor: The City wouldn't claim that we've never enforced the code against a large party that has too much noise, would they? Weinstein: Yes, so there's another provision that often is enforced in relation to noise and that's disturbance of the peace. That's completely separate from exceedances of the noise ordinance and that's a call that police get often and typically what happens when somebody has a little party in the backyard that disturbs the peace, a neighbor might call the police. The police will come and talk to the neighbor and talk to the person that's generating the noise and seek some resolution. So that's a separate action that's taken independent of our noise ordinance. Commissioner O'Connor: So if that's the case, why does the code enforcement officer not enforce this provision of the noise ordinance? Why haven't they talked to the Mason's when they have these parties? Why do they just say they don't enforce it because it's voices? Weinstein: Our code enforcement officer is here and he can speak to specific examples, but the point I would want to make is that since 2008 City staff have interjected themselves into the complaints that are occurring, the complaints that the Millers are raising about the Masonic Lodge. So back in 2008 and 2009, City staff met with the Masonic Lodge. We sent them letters when we were notified of the big party that was planned to happen to try to get some correction of what was happening and our involvement in the dispute has continued from 2009 on. So I think we have been closely involved. The issues that we've been involved with haven't always centered on enforcing the noise ordinance though. There have been other issues and other tactics that we had taken to address the problems. Commissioner O'Connor: We can move on. I just know personally in my neighborhood there was a party shut down because the noise was so loud that they did show up —a different code enforcement officer, but they did close it down. I don't want to beat this to death. Beaudin: The difference is, there's code enforcement and there's police response. Our code enforcement officer is not responding to disturbing the peace calls. There's a possibility that if he was on a shift and a call like that came in that he may ask for some PLANNING COMMISSION MINUTES, June 22, 2016 Page 10 of 56