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56 °F Forecast | Road Cams Monday, June 14, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Prime Times Wellness Connection Readers' Choice Real Estate Showcase Joy Magazine Homelife Magazine Wedding Guide Rogue Valley's Finest EXTRA Newspaper in Education Personals Movie Times TV Times E The People MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend May 10, 2004 He’s not feeling good vibrations Nightclub neighbor says the throbbing sound waves deprive him of night’s sleep By MEG LANDERS Mail Tribune Anyone who’s been in a car knows the experience of pulling up to a red light and feeling the deep "boom boom" vibration of a nearby car’s stereo system. You just hope the light changes quickly. "The light never changes to green for me," downtown denizen Fred Phelps told the Medford City Council Thursday. Phelps lives on East Main Street three doors down from the new HighWaters nightclub, which opened above Hubbard’s Ace Hardware at Riverside Avenue and East Main on April 2. He says he can’t sleep at night because of vibrations from music at the nightclub. He said he’s spoken with the club owner, police and is now asking for help from the council. Advertisement While a club representative maintains the owner is trying to fix the problem, Phelps said the music still keeps him awake. "I think Urban Renewal is trying to encourage people to live downtown," said Phelps, who has lived on the second floor above his Evangel Family Bookstore for more than 27 years. City attorney Ron Doyle told the council the area is zoned commercial, and residences are a conditional use, meaning that a resident cannot cause adverse impacts to the businesses. Councilman Bob Strosser pointed out that the nightclub has been complying with regulations. "Who’s the burden of proof on?" he asked. Doyle said the city can order HighWaters to conduct a sound emissions test if complaints continue. Mayor Lindsay Berryman suggested looking at the city code to see what needs to be changed with noise ordinances, since the city is trying to encourage people to live downtown. But a HighWaters employee contends that the business is working with Phelps on the matter, which he says doesn’t involve "noise" at all. "The comment he made to us is he can’t even hear the noise, it’s just the vibration," said Eric Vanderweggen, an employee of HighWaters. He said they’re trying to find a solution to the vibration produced by the DJ format, and they’ve already removed one of the amplifiers and one of the subwoofers (speakers that produce deep bass sounds), in addition to turning down the volume. They’re trying to line up a sound technician to come in and assess which sound waves are causing the vibration so they can modify their system, he said. "Considering we’re in a commercial district, I think that’s above and beyond," said Vanderweggen. "It’s a 110-year-old building and there’s vibration that goes through the wall." City Manager Mike Dyal said if the problem continues, the city will start issuing citations. "This is downtown and it has a residential component as well as commercial," he said. "I don’t think this will take long." Medford police Deputy Chief Randy Schoen said if Phelps is still hearing music in his apartment, then it’s a violation, and HighWaters may start receiving $75 to $150 citations. Reach reporter Meg Landers at 776-4481 or e-mail [email protected] Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S RESOURCES Oregon Road Conditions & Cams SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Food for Thought Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities Prime Times