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Toledo Council “hears” noise, rehashes highway nuisance, alley issues

September 18, 2013
By Jimmy Gillispie - Staff Writer ( , Toledo Chronicle, Tama News-Herald

A trio of issues, two that had been discussed at previous meetings and one new complaint, were resolved at last week's Toledo City Council meeting.

The three agenda items that were resolved last week were an alley purchase, an on-going nuisance property along U.S. Business Highway 30 and a noise complaint about Fuzz's Sports Pub. All three topics created lengthy discussions between the city council and the Toledo patrons, but all three came to resolutions.

Toledo resident Heidi Purk came to the Sept. 9 city council meeting to complain about loud music at Fuzz's Sports Pub. Purk lives behind the sports bar with her husband John and she took offense to the volume and some of the language used during a recent live performance.

"Two weekends ago, we could hear the music above the TV in our house," Heidi Purk said. "It went until a little after midnight. I did call and ask them to turn it down before I filed a complaint and I got a nasty reply that they had the approval to do it. Two days later, sitting out on my deck on a Monday evening, there was loud music we could hear on the deck and they were using words that are not appropriate for anybody, much less kids. I had some young kids on the deck with me. I called then and got another nasty reply.

"I just hope we can come to some happy medium," she added. "I understand there is no noise ordinance in Toledo, but I'd like to come to a compromise."

Nathan Prugh of Fuzz's, was also in attendance last Monday. He responded to Purk and explained why the particular live performance was so loud.

"I understand the issue," Prugh said. "The problem is I've lived here for 16 years and my daughter's bedroom is on the side of the house near Bee's and every time they have a band, I suck it up. I take one for the team. It's good for the community. The outdoor bands, we have maybe five shows a year. It's an inconvenience for the neighbors, but it's a business. The music is off by midnight and we never go past that.

"The music in question that night was turned down low," he said. "We talked to the sound guy and he had it low. It's a big band. As far as the outdoor speakers, if they are a problem, we can turn them way down. I don't have a problem with that."

After further discussion between Prugh and Purk, with the help of the city council, the two parties came to a compromise. Prugh agreed to turn down his outside speakers. He also said the final live performance or two of the season shouldn't be nearly as loud as the one that bothered Purk.

"The next two bands shouldn't be a big deal," Prugh said. "The next one is a two-man band with one amp. They won't be nearly as loud and neither will the last one. If we have something loud, I'll get in the paper or knock on doors, whatever I need to do. If I know it's going to be loud, maybe we can start at 7 and end at 11, instead of midnight. Obviously, we want to be community friendly, as much as possible."

Alley Purchase

One of the two lingering issues in front of the city council is the request to purchase an alley between 303 and 305 N. East Street. Barb Steinbeck and Darrell Bartlett once again came to the city council looking to purchase part of the alley.

They wanted to purchase half of the alley, so it would be closed and they could pour concrete on that half. They wanted the gravel gone and also to close half of the alley, which would prevent people from driving through it late at night and throwing trash in their yard.

Originally, they were wanting to buy the east half of the alley, but informed the council they wanted the west half after discovering their neighbor enters on the east half. They were willing to buy the west half and use that as access to a garage they plan to build.

"We don't want to shut off access to the alley," Steinbeck said. "If we put a garage on the west side of our house, we can use that as the driveway."

Their neighbor, Daneen Ahumada, who resides at 305 N. East Street, attended the meeting and told the council she objects the sale of the alley. Ahumada said uses both sides of the alley and doesn't want one side closed.

"We still use the whole alley to go through, because it's easier for us," Ahumada said. "If we have a garage built, it would also be access for us to get in. Eventually, we might sell the property and it would be a better value if we didn't sell half of that or kept it open."

With both parties disagreeing about the purchase of the alley, Toledo City Attorney Mike Marquess advised the council not to sell the alley. The city council took no action and considered the matter closed.

"My advice, from a legal perspective, would be if one party doesn't want it sold, don't sell it," Marquess said. "Not that anyone would engage in any litigation, but you don't want to be in any position where the city has generated any cause of action at all."

Business 30 Nuisance

The final lingering agenda item was the Ron Van Dyk nuisance property along Business 30. Allan Richards, who represents Van Dyk and the property, sent the city council a letter informing them Van Dyk has given him permission to remove the old trailer, dump truck and storage box on the site.

Richards requested the city give him until Sept. 30 to remove the items and if they aren't removed from the property, then the city has permission to have them removed. However, those items weren't the only ones in question. Richards owns a trailer that sits on the property and Council Member Terry Goodhart wanted to know why Richards has it on that site.

Richards said he has the right to as the vehicle is registered and licensed. While the city council would like that trailer removed too, it can't force Richards to move it as it doesn't fit the nuisance definition in the city code.

The city council voted unanimously to give Richards until the end of the month to remove the three items from the property.

In other news, the city council set the date for the fall clean-up. It will be held on Oct. 11 with the brush pick-up on the following Friday, Oct. 18. The city will also be charging $5 to pick up TVs on the clean-up day because it is being charged for them.

The city council also voted 5-0 to terminate its contract with Rod Kinnison for mowing the city properties. City Clerk Julie Wilkerson said Kinnison had already turned in his keys.

Public Works Director Mark Zmolek brought a bid for replacing the water main by Thy's before the council. The only bid came from Scharnweber's for $29,940 and it was approved. The work should begin soon.

Toledo Police Officer Brian Randall resigned. Police Chief Bob Kendall informed the council of the resignation last week at the meeting. Randall's last day will be Monday, Sept. 23. Kendall said he has a couple of certified officers in mind for the opening.



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