HomeMy WebLinkAbout1985 08-05~
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A G E N D A
MERIDIAN CITY COUNCIL
AUGUST 5, 1985
ITEM:
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i~IINUTES OF REGULAR MEETING HELD JULY 15, 1985: (APPROVED)
MINUTES OF SPECIAL MEETING HELD JULY 16, 1985: (APPROVED)
MINUTES OF SPECIAL MEETING HELD JULY 22, 1985: (APPROVED)
1. PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY MOE ALTDJANI:(TABLED UNTIL
AUGUST 19, 1985 MEETING)
2. PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED)
3. APPROVE THE BILLS: (APPROVED)
4. APPROVE NECESSARY AGREEMENTS PERTAINING TO REVOLVING LOAN FUND GRANT:
(APPROVED)
5. DEPARTM ENT REPORTS:
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MERIDIAN CITY COUNCIL AUGUST 5, 1985
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsfprd at 7:30 p.m.
Members Pr~sent:.Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler:
Others Present: Gary Schaffer, Lloyd Howe, Helen Alidjani, Kevin Keyt,
S,. Michaelson, Dale Newberry, Dick & Susan Weaver, Eugene & Pat Keith,
Dwayne & Linda Mikeal Benedict, Betty Muccic, Art Moore, Genevieve Moore,
Betty Wolde, Andrew Wolfe, Richard Orton, Opal Farrington, Bill Barkell,
Pat Fabricius, Aline DeNardi, Joe DeNardi, Richard Parcells, Blanche
Wolff, Martin Fabricuis, Marcella Heffner, Elaine Smith, Vera Hornbaker,
Art Finnell, Lawrence Smith, Loren Hornbaker, Gary Harr, Mr. & Mrs.
Leonard Rhodes, Ila Thomson, Bill Thor~qson, JoAnne LaCasse, Paul Bolinger,
Alma Bolinger, Mary Jensen, Harry Jensen, Doris Oliason, S.C. Anderson,
Steve Gratton, Fred Martin, Bill Ebert, Janet Ebert, G.R. Peterson,
Delmar Ouderkirk, Shirley Peterson, Terry McCarthy,Jim Potter, Wayne
Crookston, Mohammad Alidjani, Michael Burkett, Ronda Lowe, Walt Morrow,
Bob Spencer, Gary Smith, Miriam Barr,
The Motion was made by Myers and seconded by Giesler to approve the minutes
of the regular meeting held 3uly 15, 1985 as written: ~
Motion Carried: Al1 Yea;
The Motion was made by Tolsma and seconded by Myers to approve the minutes
of the Special Meeting h.~1c~ July 16, 1985 as written:
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Brewer to approve the minutes
of the Special Meeting held July 22, 1985 as written:
Motion Carried: All Yea:
Item #1: Annexation & Zoning Request by Mohammad Alidjani:
Mayor Kingsford, according to the rules adopted by the Meridian City
Council by Ordinance #446 all those people giving testimony will be asked
to take an oath swearing that the testimony they give true and I will
ask the City Attorney to admister this oath. I would like to begin by
having everyone look at the map of the City, those area colored orange
are currently annexed and zoned Light Industrial, according to our
Ordinances a permitted use in any of that area would be for a trash
collection service, the issue at hand if it occurred in any of that land
this meeting would not take place, the applicant co~:~ld just pick up a
building permit, this is for your information ahead time, we could make
no conditions what so ever. Mr. Alidjani I might ask you to point out on
the map the land that has been asked to be annexed, Mr. Alidjani pointed
out the property on the map. Mayor opened the Public Hearing and advised
it would be done by order of sign in.
Pat Fabricius, I defer my time to Martin Fabricius.
Aline DeNardi, I defer my time to Jim Potter;
MERIDIAN CITY ~UNCIL i
AUGUST 5, 1985
Page #2
Joe DeNardi, I defer my time to Jim Potter:
Richard Parcells, I defer my time to Jim Potter:
Blanche Wolff, I defer my time to Jim Potter:
Martin Fabricius, Mr. Fabricius was sworn by the City Attorney.
Mr. Fabricius, before my remarks this evening gentlemen, I would like
to submit for your consideration this statement I made before the Plan-
ning & Zoning on June 10, 1985, and I want to make absolutly sure it is
made a part of the record, it giveS'a bit of the background what has
transpired out there as far as some of the exiting property owners, I
think it is very important to us. (This item made part of the record
as Exibit "A"). I would also like to make the comment somehow I was
enticed in to making a television appearance today, I did not ask for
that, and there were four comments I was supposed to have made and I
only made one of them. Mr. Fabricius resides at 1235 Atkins Road, Meridian
, Idaho, Mr. Fabricius gave testimony from a prepared statement which is
made part of the record as Exhibit "B".
Mayor Kingsford, any questions of Mr. Fabricius by the Council? There were
none.
Marcella Heffner, I defer my time to Jim Potter.
Elaine Smith, I have a petition here with 171 signatures and the one that
was handed into the Planning & Zo ni.ng probably has one page more-~hat is
not includec~ in this, so there will be approximately 180-185 signatures
protesting this. (Petition on file with these minutes)
Councilman Giesler had a"question for Mrs. Smith, Attorney Crookston
swore Mrs. Smith as she had not been sworn previously.
Giesler, how large of an area do these signatures cover?
Mrs. Smith West of Eag1e Road, to the City Limits on Pine,
Mayor Kingsford, how far North & South?
Smith, Franklin & Fairview, just our area that will be directly impacted.
Vera Hornbaker, I defer my time to Jim Potter:
Lawrence Smith, I defer my time to Jim Potter:
Loren Hornbaker, I defer my time to Jim Potter:
Michael Burkett, Mr. Burkett was sworn by Attorney Crookston:
Mr. Bu~kett, I am here as attorney for the East Meridian Property•Owners
Association and I will be raising some more or less procedural issues
rather than testimony to facts. The first issue I would like to address
is the authority that is before this Council as well as Planning & Zoning
Commission to make this determination on placement of a Solid Tn~.aste
MERIDIAN CITY ~UNCIL ~
AUGUST 5, 1985
PAGE # 3
System, or a plant that is in effect part of a solid waste disposal system.
I would like to point to the Council that under ldaho Code, Chapter 44,
Section 4401, or Chapter 44, Idaho Code 31 that it states that this type of
system, solid waste system is to be located in the County and that the
County, which would be Ada County would have jurisdiction over site locat-
ion and application to obtain and construct such a site. I will qoute in
part the very first section which is 4401, it'is hereby declared to be the
policy of the State of Idaho that the solid waste disposal systems be
established, maintained and operated in each of the several counties, that
is in the counties as opposed to inside a city limits. I think by your
annexation proposal, you are proposing to bring this property inside the
city limits and at that point and time a solid waste disposal system would
be developed inside the city limits as opposed to in the county. The next
section, Section 31-4402 goes on to state that the Boar•d of County Commiss-
ioners in each of the several counties is hereby authorized to aquire,
establish & etc. solid disposal systems, so I would like the Council to
be aware of these provisions and address in your Findings of Fact & Con-
clusion of Law regarding what authority the Council has to basically
determine a site location for a solid waste disposal system. I think by
that point alone the appropriate action by the Council would be to deny
this application and make note that this application should be submitted
to the County. The second issue, the Findings of Fact and Conclusions of
Law which were issued by the Planning & Zoning Commission, which are now
before this Council, in my brief review of these Findings, I found virtuely
no consideration for the great amount of testimony in evidence which was
supplied by those who object to the application. I think the Findings are
seriously flawed in that regard, in the fact that there is no means in
those Findings to address these valid points that were brought up by those
who object to the application, certainly when a body of evidence is
before the Commission of that magnitude it is their duty to address those
facts and evidence~nd information that is put in front of them, I don't
think that was done, I think this Council could appropriately return this
application to the Planning & Zoning Commission for additional findings.
Findings in particular regarding the objections and those facts and
evidence presented to those who object to this application. At this time
the vast amount of information from those who object is not before you.
Additionally regarding the Planning & Zoning Hearing and the process the
Commission went through I think there were irregularities in the manner
in which that evidence and testimony was heard and conducted, there are
comr,ients within the transcript itself, which indicate that testimony which
was presented by persons outside the City Limits was either not considered
or was given less weight simply because those people were outside the City
Limits. In thisparticul~r application the property is in the Meridian
Impact Zone which is currently outside the City Limits and the testimony
and evidence and information provided by the residents in that area should
if anything be given greater weight. I think the comments that are on
record which indicate and can be inferred to indicate that these people
were living outside the City Limits and questioning the validity of the
testimony they were giving as inappropriate, and this action as well would
support, provide a basis for this Council to return this application to
the Planning Commission to make sure that information is given proper
weight. Another point I would like to make to the the Council which I
think is of some interest and I realize in a town the size of Meridian
there is always bound to be conflicts of interest, I think something that
should be given serious consideration by this Council is the obvious conflict
MERIDIAN CITY ~NCIL •
AUGUST 5, 1985
PAGE # 4
of interest in this situation between the applicant and the Planning &
Zoning Commission, when that applicant sits on the Commission, even though
I realize he abstained from any vote on this application. Also we have an
applicant that is under contract with the City actually you have an agent
of the City applying to the Cit~ through its Planning & Zoning process for
special consideration. There inherent conflicts of interests here, these
parties, many of those who are represented by the same parties, this is
something that should be given serious consideration by this Council. I
think an appropriate decision on the part of the Council in that regard
would be to require this application process, in order to attempt to avoid
conflicts of interest to go through the rezoning procedure, which is norm-
ally used in a rezoning application, which is opposed to the procedure be-
ing used which I understand is an annexation a~d new zoning. I think those
conflicts of interest in particular warrant a closer scrutiny that is
required under a rezoning application. I understand this property is zoned
agricutural under the County Zoning at this time and I think that the
appropriate procedure for this Council is to only consider the Annexation
at this point.After the annexation if it occurs do a rezone on the property,
as opposed to doing it with the procedure that is now in placethe Zoning
and the Annexation all in one swoop. S think that point as well would
require this Council to essentially deny this application and require that
new application be submitted for annexation only. The final point I see no
evidence in the Findings that Federal Law or Statutes which apply to this
situation have been addressed with the Planning Commission or are before
this Council for consideration, in particular I think there are EPA
regulation that must be followed. I think in general that there are EPA
requirements that are designed to protect the human hazards that might be
generated by this project, and the health hazards that might be generated
and that is one of the major considerations that should be before this
body. This is something that should be looked into and the applicant should
be required to come forward with these requirements. Finally I would like
to put the Council on notice that if this Annexation & Zoning does take
place that there is, it is in the process right now of planning what
litigation or what action would be appropriate on the taking of property
by the property owners that live in that area without just compensation
so I would urge the Council to look into that issue as ~o what might be
just compensation for those property owners out there who's property is
obviously going to be devalued or debased as a result of allowing a
solid waste disposal center to go in there. Finally there is a lot of
property that is already Zoned Light Industrial which would allow this
type of use.
Mayor Kingsford, any questions of the Council?
Myers, you mentio~ed that only Ada County can control sewage treatment
plants, as I understand this application,this application is not for a
sewerage treatment plant it is for a solid waste transfer station, there
is a difference there.
Burkett, The ordinance speaks to solid waste disposal system, I don"t
know that this Code has been construed but I definately think it is broad
enough to include, this would be a system, it would be something that would
be used in handling solid waste disposal.
MERIDIAN CITY~UNCIL •
AUGU5T 5, 1985
PAGE ~ 5
Mayor Kingsford, I would like to make a comment as to your regard to
your conflict of interest, I was interagated in Federal Court some two
years ago on the same subject and the Federal Judge insured us that no
matter what happens in a small town you are going to have the possibility
of conflict of interest and you do the best you can and I am eertainly
not going to shirk that duty to someone else because of your saying we
may have a conflict of interest. I also despise your threats, every-
thing we do we are open to some attorney saying they are going to sue
us, I do not think that should be a consideration here today, I don't
appreciate in a public hearing being threatened by a attorney, attorneys
are not my favorite people in the world anyway, in regard to the EPA
I think you have taken a broad interpretation there. I do agree with
several of your comments however. Any other questions or comments?
Councilman Brewer, I would concur with the Mayors' comments, for some
reason attorneys, you have the ability to antagonize my soul and undes-
ervinly I feel, I take heart to some of your comments however you have
made several comments proposed that can tie this whole thing up in the
Court system for two or three years, which would cost the City of Meridian
and the people invol~ed with no good coming with any of it.
Mayor Kingsford, you mentioned possiblity of Annexing and keeping in
present zone, we do not have provision in the City of Meridian for
Agricultural Zone.
Burkett, my comments were not ment as a threat at all.
Kingsford, they certainly sounded like it.
Burkett, in regard to the conflict of interest, hopefully that was my
suggestion to do the best you can, maybe if it is possible go through
a process that can avoid as much as possible.
Gary Harr, I defer my time to Jim Potter:
Richard Weaver, I defer my time to Ji~ Potter:
JaAnne La Crosse, I defer my time to Jim Potter:
Paul Bolinger, Mr. Bolinger was not present at this time.
Mary Jensen, I would like the Council aware that my husband & I submitted
a letter to the Planning & Zoning and we also submitted one to the Council
please take these into consideration:
Alma Bolinger, Mrs. Bolinger was not present at this time:
Harry Jensen, Mr. Jensen was swore by City Attor~ey:
Mr. Jensen, we own 20 acres which is North of the eleu$~_acres and have
invested a large sum of money in our property, most of the winds come
from the South, we are not within the 300 foot area from the eleven acres,
we would like to develop our property into area for homes like we have.
we are really opposed to this application, we feel it is the wrong area.
MERIDIAN CITY ~cJNCIL ~
AUGUST 5, J.985
PAGE # 6
Councilman.Gi.esler, Mr. Jensen you stated this is not the right place
for something like this, I am concerned also, have you thought about
where in the City would be a place for this?
Mr. Jensen, at present time City boundaries are to small, they have to
be expanded where these types of business would not bother residential,
areas. I know you can't do this out on the desert but there is better
areas than one mile from town. I think this would be determental to the
area.
Mayor Kingsford, this operation is closer to the center of town now than
it would be out there. I echo Mr. Gieslers comment, I would like to know
where, I think this was the reason for my preliminary remarks, anywhere
(referring to the Zoning Map) on there where it is orange he could buy
and we are talking one.inch from where he is asking and we would have
no control whatsoever, under our Ordinances'. I really want you to consider
this, I certainly echo your concern about having the amount of land in
the City Industrial that we have today not being used.
Jim Potter, Mr. Potter was sworn by City Attorney.
Mr. Potter, Mr. Potter had a prepared testimony which is made a part of
these minutes for the record. This is basically the same testimony ~hat
was presented to the Planning & Zoning Commission.
This is made a part of these minutes as Exhibit "C".)
Mr. Potter asked that the maps submitted to the Planning & Zoning be
allowed to be used in this hearing.
Mayor Kingsford questioned Mr. Potter about the Old Towne concept being
approved and if it was approved whether it would still be valid.
Mr. Potter demonstratedto the Council with the maps and overlays the area
which could be effected by the noise, trash blowing & etc.
Mohammad Alidjani, Mr. Alidjani was sworn by City Attorney:
Mr. Alidjani, I have asked for annexation & zoning of this eleven acres
and i feel in reviewing everthing available it meets all the criteria
for being annexed to the City. I am aware of the conditions that are req-
uired by the various Government Agencies. We h~.ve no problems with these
conditions as we have been working under these regualations since 1948.
I assure you even though they have problems in other areas , We do not
have any problems at aur present location which is a lot closer to
residential than this proposed new location would be. I doNnot see any
thing in the Ordinances or Comprehensive Plan why I should ~e annexed.
The problems that have been brought up are with someone elses location
not mine. I will abide by any regulations you want to put on my operation
within reason.
Giesler, what do you actually plan on doing, what is your proposal?
Alidjani, I would plan to put a shop for myself and that would be all
enclosed.with shrubbery and trees that would be phase I and phase II
if it is possible put a transfer station with all the regulations met
if we can do it.
MERIDIAN CITY ~UNCIL •
AUGUST 5, 19$5
PAGE # 7
This operation would only use about 18 ~ of the land the rest would
be developed for some other use.
Gies~e;, then you do not plan on starting up with the transfer station?
Alidjani, No.
Giesler, then at first you will just have a shop and office?
Alidjani, Yes.
Giesler, how do you propose the next phase if it does work out for you?
Alidjani, that is probably two years or more down the road, I have no
idea at this time.
Giesler, it does state in the application it will be enclosed?
Alidjani, everything will be enclosed.
Giesler, any plans to widen the road that you have seen?
Alidjani, I have checked and this is a collector road and has never been
developed. As far as I know there is no plans at this time to improve.
Giesler, where do you plan on setting this operation?
Alidjani, at this time we are planning on ha~ing operation on the far
NE corner of the property. The closest house would be about 800 feet away
from the shop.Mr. Alidjani the Council on the map the egress to the
property and where the plant would be located. Should be no problem
getting in & out.
Giesler, supposing you construct the transfer station and the small trucks
are dumped, how do you get the garbage to the land fill?
Alidjani, they have several different types of ways to do this. Mr. Alidjani
explained the differ_~~~ ways this could be done. This would happen inside
a building. If roadway stays the way it is a semi could never get in or
out.
There was discussion on the traffic problem the compatability of the school
buses and the garbage trucks.
Mr. Potter, have you done any market anaylsis what your trips are going
to increase, lets say if the regional shopping center goes in or if the
Upland site develops?
Alidjani, I have no idea at this time as it might take five years for
full occupancy.
Potter, if this transpires and the mall is built and Upland develops, it
seem to me under the County ordinances this could be a County wide transfer
station, I wonder if that area is really large enough.
MERIDIAN CITY ~i7NCIL ~
AUGUST 5, 1985
PAGE # 8
Alidjani, I feel if I own the ground that they could not do this.
Potter,'I think this is one of the major questions by the people I
am working for. The additional trips and the County wide transfer
station. This is some of the concerns my clients have.
Mayor Kingsford, in regards to that Mr. Potter and in answer to some-
ones question back here awhile ago, the City does have a Contract with .
Mr. Alidjani it is a matter of Public Record. He has had it for some
time and that contract specifies he will haul all the trash in the City
of Meridian. He can only handle City of Meridian trash. If he was to take
in the County that would be violation of his contract, we would have to
approve that.
Potter, would that be true of transfer as well as collection?
Mayor Kingsford, Yes, it specifically speaks to the transportation of
trash over City Streets.
Mayor Kingsford, again on my pr;~.iminary remarks about him being able to
buy another piece that is already zoned, I feel a lot better about repre-
senting you people on this where we can put some stringent controls than
having him purchase property where we have no controls.
Potter, I think my clients wouid feel more comfortable if it has to be
there if it were a E~onditional Use Permit with some time period rather
than something permanent so that if Mr. Alidjani is not there it could
keep from creating a problem.
Mayor Kingsford, I can see some value to that.
Fabricuis, As I recall at one of the other meetings the question was asked
of Mr. Alidjani with all the property already zoned Industrial why don't
you take your operation on some of this land and as I hear him tonite
he has given a different answer basically something to the effect that
I am going this route because I can purchase 11 acres for the same price
I would have to pay for 3 acres that is already zoned. I am hearing a
differen¢t reason tonite why you are going on this property and I would
like to hear your comment on why.
Alidjani, many reasons why I am going on this property, not just one,
the reason I am over there is for economy reasons.
Mary Jensen, i~Ir. Jensen was sworn by City Attorney.
Mrs. Jensen, I am confused, is this request for Annexation & Zoning
simply to move the business from where it is presently located to that
location, or to continue the present location and a solid waste transfer
on the eleven acres, he simply wants to move his business to this new
location?
Mayor Kingsford, that certainly was my understanding.
Mrs. Jensen, this was not my interpetation of the request.
MERIDIAN CITY ~rUNCIL !
AUGUST 5, 1985
PAGE # 9
Alidjani, at the present location it is quite small for my operation
and we do plan in a two phase project hopefully to occupy approximately
18% of that property and move our operation from where it is presently
to that location.
Mrs. Jensen, I was totally confused then as to what was taking place.
Mayor Kingsford, I heard him say before that before that transfer station
if it were to take place that he would have to get all the approval from
other governmental agencies:
Potter, if in fact he is moving his business and in fact there may or may
not be a transfer station, in fact he may sell part of the land to other
users, it would appear to me that we are looking at a sub-standard access
to an Industrial Park.
Mayor Kingsford, I don't think there is any question to that unless like
he said before he was able to improve that access.
Smith, you say you have no complaints from the neighbors where you are
now located, I believe there are some on record and you do not have a
transfer station down there so this is something entirely different in our
neighborhood.
Alidjani, I might have a transfer station out there and I might never have
one out there it would depend on the economy.
Richard Parcell, Mr. Parcell was sworn by City Attorney:
Mr. Parcell, I would like to know if he is going to park his garbage
trucks out there if that is his proposal, would these trucks be parked
in an enclosed area, or would they be parked out on cement slabs.
Would trucks be free of debris when parked or would he be allowed to
keep garbage in them when parked out there
Alidjani, when they are parked out there they will be inside buildings.
Mayor Kingsford, I have two letters that are to be entered for the record
one from Blanche Wolff 1030 N. Locust Grove ~oad which opposes this
application and one from D'Arlene Stutzman 1960 East Franklin Road who
also opposes this use. (Letters on file with these Minutes)
Mayor Kingsford read these letters for the record.
Mayor Kingsford thanked the people for their testimony and appearance
at the hearing, being no other testimony the Public Hearing was closed.
Any comments from the Council?
Councilman Tolsma, due to all the testimony brought forward tonite and
the discrepenciesbrought up in the Findings for the Planning & Zoning
I would like to see this tabled for about 30 days to look over and check
on the facts.Mr. Tolsma made this in the form of a motion.
Councilman Brewer, I feel even though this application does meet a great
deal of the critera for and Industrial Annexation & Zoning there are many
points against it as was testified here tonite, with the large amount of
MERIDIAN CITY~UNCIL .
AUGUST 5, 1985
PAGE # 10
property already zoned Industrial, I do not see any reason to have addit-
ional property for something along this line. When you take into consid-
eration the Public opposition to this request, I personally would not
want to pursue anything that had thi5 kind of opposition. I think there
has to be some place for Mr. Alidjani and his business and I be~lieve it
should be somewhere between Meridian and the landfill. I don't feel this
should be in the City Limits shoul.d be in the County, I would personally
recommend denial of the request. Testimony is all negative.
Councilman Giesler, we have heard a lot of negative things on this, and
some very good points although I have not had the opportunity to go out
and look the sitution over. I feel I would like to look into this more.
I have some real problems with it that I would like answered, therefore
I would second the motion.
Councilman Myers, I have a conflict of interest as I am the Sewer &
Sanitation Commissioner and have to work with Mr. Alidjani. I can
appreciate the problems the people have brought tonite, there have been
a lot of rumors floating around and some of them have been dispelled,
there have been a lot of facts brought before us. Knowing Mr. Alidjani
he is not going to do anything that is going to hurt anybody, sure he
can go in there and buy two acres right next door and open up the operat-
ion tomorrow, but he wanted to come through this process and it stirred
up some controversity. The transfer station is somewhere down the road.
I am not sure he is going to ever put one in there.but it is possible.
I am looking at it as to the cost to the taxpayers of the City, if he can
save some money it will save the taxpayers money.
Brewer, I think we are wasting 30 days by doing this.
Mr. Tolsma withdrew his motion and Giesler withdrew the second.
The Motion was made by Tolsma and and seconded by Giesler to table this
request until the August 19, 1985 meeting.
Motion Carried: Tolsma, Yea: Myers, Yea: Giesler, Yea: Brewer, Nay:
Item #2: Pre-Termination Hearing WatefSewerf Trash Delinquencies:
Mayor Kingsford, This is to inform you if you chcose, you. are entitled
to the right to a pre-termination hearing August 5 before the Mayor
and Council, to appear in person to be judged on facts.and defend the
claim made by the City that your water, sewer and trash bill is delinquent.
You may retain counsel. This service will be discontinued August 13 unless
payment is made in full.
Is there anyone present who wishes a hearing?No one was present.
Due to tl~eir failure to pay their water bill or to present any valid
reason why the bill has not been paid, their water shall be turned off
on August 13, 1985. In order to have their water turned back on, there
will be an additional fee of $10.00. They are hereby informed that they
may appeal or have the decision of the City reviewed by the Fourth
Judicial District Court, Pursuant to Idaho Code. Even though the appeal
the water wi11 be shut off.
MERIDIAN CITY iUNCIL
AUGUST 5, 1985
PAGE # 11
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The Motion was made by Tolsma and seconded by Giesler to approve the
turn-off list.
Motion Carried: Al1 Yea:
Mayor Kingsford announced the amount of delinquencies was $4,749.20:
Item # #: Approve the Bills:
The Motion was made by Tolsma and seconded by Myers to approve the bills.
Motion Carried: All Yea:
Item #4: Approve Necessary Agreements Pertaining to RLF GRant:
The Motion was made by Brewer and seconded by Giesler to approve all
the necessary agreements and documents involved in the Revolving Loan
Fund Grant between the City and the Economic Development Corporation
of the City of Meridian and authorized the Mayor to execute these
agreements & documents.
Motion Carried: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea:
Department Reports:
Mayor Kingsford, I would ask the Council to carefully look over the
Late Comer's Ordinance prepared by the City Attorney, I would like to
have that on the next meetings agenda.
Councilman Myers brought up the subject of the creamery building and
Mr. Amyx. There was discussion on this subject. It was suggested a Civil
Suit be brought against Mr. Amyx.
Councilman Tolsma, I have had some complaints about the trailer repair
in the middle of town. I also have been advised that we have no access
over the curbs at the Park for the handicapped.
Mayor Kingsford, I suggest that you work with the Park Superintendent
and get this problem resolved in regards to handicapped access. In reg
ards to the mobile home repair and dismantling I again suggest if it
your pleasure to get with the City Attorney and proceed with Civil Action,
Councilman Brewer, I have had a call on Mr. Nesmith, problems with cars
parked around fire hydrants, junk cars, wreckers parked and other items.
Mayor Kingsford, again I suggest you contact the Attorney and proceed with
Civil Action.
Being no further business to come beforethe Council the Motion was made
by Myers and seconded by Tolsma to adjourn at 9:50 p.m.
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
ATTEST:
ack Ni a n, City Clerk
~
APPROVED:
~
G NT KING5F0 ,
0~
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property values ~~ ~a~ab1r~.y~'ay~~~~~~e~~~~~raJe ~ e~~. a `~a~ 'ab~eo ~U~1o
on the site in ue 1 ~ 4 5 °~ g~ ce4~ c m ~'b ~
q ~~,~-y ati~ ' a~a ~•y~~ e~~,`~ ~5 ti a~ a~a ~ey`b a,:,ity
others familiar wit n~~ 1s eSa o4 ~,a~' ~o'~ oob o~, ~e
a
t h a t a d r a s t i c r e d u c G~ ~ycy t p4 a 4S ~~~ a~ e b°~r eG~ ~e 1Gy
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of the transfer stati~ ~~a ae~, 0~,5 ~a~,~- ~ ~e ~e ~,~a ~an ~,'~
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enced within a wide ra~ .~e y~ q, ~y ° o~ ot' Qe ~,~'
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legitimate concern. A~, ae ~,/ 5~,
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In my own particular situ~ e~i ,, eqJ ~
approximately 45 acres of lar. ~" b ~~s1 `~~ ~` ~
~,Y`e a~'y ~ b
nd extendin to Locust 1~~ ~'
llmzts a g A~
r~venue
sentially bordered by Pine Stre,
on the North. On two seperate o~
we worked closely and cooperativei
Zoning Commission and City Council
area which were conceived to be wort
-2-
_~ain in 1980,
, Planning and
~ developments in this
.~aditions to the City anrJ
• t,
~ " i •
Staternent Presented to the Meridian City Council on August S, 1985.
By: Martin H. Fabricius
1235 Adkins Rd.
Meridian, Idaho
Subject: A Proposal to Annex and Rezone`approximately eleven
acres of land located East of the City of Meridian
for the purpose of establishing a Garbage Transfer
Station.
i.
In setting down some thoughts to be pr.esented here this even-
ing, I will admit that is has been very tempting to review the pro-
ceedings with regard to Mr. Alidjani's request that have taken
place over the past three months. It is tempting because of the
time, effort, expense and emotions spent by a lot of good friends
and neighbors in opposing Mr. Alidjani's proposed development and
any "like uses" that may come up for consideration in the future.
It is also very tempting because those of us opposing the rezoning
and annexation request have, despite our efforts, observed the
Meridian Planning and Zoning Council, adopt a ruling in favor of
the proposal which we feel is not supportable on the basis of test-
imony presented.
However, the matter is now before this Council and each of :
you have or will, in the near future, review the oral and written
testimony presented by Mr. Alidjani and those opposing this reqtiest.
With that in mind, we can only ask that you review the facts and
thoughts presented and reach your decision accordingly. In doing
so I might suggest that the lack of pertinent facts could be equal-
ly if not more important in arriving at that decision.
Before getting directly to the points I wish to cover this
evening there is one other item worthy of comment. In the Findings
of Facts and Con~~usions prepared for the Planning and Zoning Com-
mission, the assertion is made several times that citizens of the
_~-I~ )/
~,~~br ~ ,Q -1-
~ . ~ ,
~ •
i;npacted area appear to be more concerned with the proposed use
of t}~e land to be rezoned than the rezoning action itself.
[~'}~ile this can be refuted by the earlier testimony given, we do
admit to being very concerned over the liveability of our neighbor-
hood. This is a result of having to put up with the many problems
created by a poorly managed drive-in-theatre, a junk yard being
t.
operated illegally, and an i_nadeqtiate road'.sy~stem each and every
day of our lives. So, we are under no illusions as to how addi-
tional nonselective development in our neighborhood will impact
its liveability.
The land area most immediately impacted by the current rezoning
proposal can generally be described as being located between Five
Mile Creek to the West, Pine Street to the South, Fai,rview Avenue
to the North, and within approxirnately 2 mile of Eagle Road to the
East. As most of you know this is an area currently made up of
homes on residential size lots and small acreages devoted to agri-
culture. Due to the existing ownership pattern, the location of
any so called "nuisance industry or business" will have an immediate
depressing effect upon a large number of the property owners.
People actively engaged in the real estate market assure me this
will be the case. For those of us who, may for some reason, have
to dispose of our property in the future, the longer range econ-
omic impact is even more bleak. If the above described area is
to be considered for commercial and I.ight industrial use only,
then we property owners will have to directly compete with some
1,100 acres of land already zoned commercial - light industrial
for potential buyers and tenants. Our chances of doing that are
quite remote since most,of the 1,100 acres is more ideally located
for such purposes and has already been througli the rezoning,
-2-
• • l ~
~ •
;:~;nexation, and in some cases pre-develop:~~ent stages. Our buyers
will be those who can purchase property at bargain ltates and hold
their investment over a long period of time until the demand for
commercial and industrial property finally`exceeds the supply which
is available.
Residents and property owners in the area East of Meridian
know they cannot afford to become part of a. "no mans land" with
regard to development on either a
Certainly, the question has to be
can afford that either in view of
tend services into the area and a
ity. As recently as 5 years ago,
that the area in question had the
short or long term basis.
asked whether the City of
expenditures already made
need to expand its taxing
City Officials shared the
potential for mixed,use d
Meridian
to ex-
author-
view ,
evelop-
ment including plans for single family and multiple unit housing.
G-1
`T)~is concept was basedAexisting studies for preferred urban-suburban
~,re a~
growth and the fact that the existing coreAof Meridian was favorably
located to service this growth. From comments made during the
recent deliberations of the Planning and Zoning Commission, we
are nqw led to believe City Officials have a different view of
how Meridian should grow and develop. If this is the case, then
we property ~wners in the impact area who have so much at stake
should be so advised and afforded an opportunity for input into
the process.
Thus f~r, most of the emphasi_s has dealt with losses to be
incurred from Mr. Alidjani's request. When someone loses it see~~s
there should be some gains realized~but will this be the case~
The consultant hired by the F,ast Side Property Owners has
researched and provided ample evidence that Mr. Alidjani cannot
now, or in the foreseeable future , economi_cally justify the
-3-
. • . .
' . . ~ ~
operation of a garbage transfer station given the volur~n of materi_al
to be handled. An official located in this area, whose duties
permit him to 4bserve gargage transfer station operations throughout
the Western United States, also commented to me that such an oper-
ation did not appear feasible at this time. Mr. Alidjani has, him-
self~cast doubt upon the advisability of coi~structing the transfer
i.
station at this time but until business warrants this facility, he
proposes to use the rezoned pY6perty as a parking area for his
existing equipment and utilize the unneeded portion for "like uses."
Given these conditions, it does not sound as though the customers
of M~. Alidjani stand a very good chance of benefiting from his
venture either.
If adjacent landowners are to incur reduced land+values,
the City of Meridian is to lose or at the very minimum defer devel-
opment of an area within its impact zone, and existing customers
cannot be assurred of stabilized or reduced rate schedules, then
who stands to gain from Mr. Alidjani's proposal? This question
needs to be considered by each of you and answered to your satis-
faction before arriving at a decision.
Your time and patience in hearing my thoughts on this matter
are greatly appreciated and if there are any quesitons I will
attempt to answer them to the best of my knowledge.
-4-
, ~. ~ . .
~9~ ~~ -~ POT ER LAND SURVEYIN
~
.~~ ~. ~, ~.5.
Surveying Et Mapping • Pla~ning £t ~esign • Boundary Consulting ~~~ux;
.~
23 May, 1885
Chairm~ S~encer, ard feItow Commissioners
11/eridian City Pl~viin8 ar~ Zoning Commission
City HaIt ' .
111eridian, Idaho ~
Re: PLS Ffie Na 85-221
. City Annexaiion and Zoning or Lhai certain parcei of I~d in the Sf, NWf, Section
8, T.3N., R1E.,~B.M., reqe~ested by Mohnmmad Aiidjani.
Chairman S~encer and FelIow Commissioners:
My Name is James Y. Potter, principai of Potter Land Sicrveytng. I r~eside in Garden
Vailey, Idaha My Bus~ness mddress is Bos 4403 Gar+den Vailey, Ideho 836Z2, a~d rny
Business teiephone rulmber is 462-3232. I am apearveg this evening an behalf oj the
East Meridian Properry Owners Association.
I am a Licensed Land Sicrveyor, registered in ihe State or ldnho, ~d hm~e praciiced
in the fieids of L~d Planning ~d Land SicrveyinS ror more Lh~ thirty years. 1 iived
in the Meridi~ aren ror more ih~ Lhirteen years, ar~d maintained a priv~ate prociice
fr~ Lhe City of Meridi~ for seve~I year~ Through my IocaI nesidency, private practice,
pariicipatiori in ihe Meridian Chamber or Commerce m~d Citizen Advisory Committees.
I have gained a,qenerat lmowied,qe of the citys plans for ,qrowth,
Ft~rther, I have besn persona2Iy invoived in several of the I~d deveIopmeni pt~cs
afrecting I~ds in ihe near vicinity of Lhe proposed anneration I nm, therefone, very
ramiliar wfth the specific aren, the present ~ad proposed t~d uses
~~~,,~~pe - on behatf of the East Meridi~ Property Owners Associatiort, I represent
persons, aIl of whom reside tiithin the City or Meridian's Area of Impact.
residents or the City's Area or Impact, ihey beiieve that ihey are entitied to fnir
represeniatior~ on, ~d before Lhe City's Piqnning ~ed Zoning Commission. ?heir
belier in Lhis right is based upon Idaho Code 67-6526 !fl, ~uhich siate~ in part "If the
area of impact has been deiimited pursu~t to the provisio~s of subsection (~ (1) of
a M~` this section, persons uving within the delimited area oj impact s~RaII be entitled Lo
r~epresentation on ihe pl~ning, zoning, t~ the planning and zoning commi~siort oj
the city or impact ~ch represenLation shail as neariy as possibie refl~ci the proportion
or population Iiving within the city as opposed to Lhe popuiation iivin8 within the areas
oj im~i for that city...." They Delieve this suDsecLiori to a~ppty in as much as subsection
(a) (1) has been complied iuith, in-thai..."Appticction oj the city pi~ ~d ondire~ces f have
been ) odopted wider ihis chapter Lo the aren or city impact.." T7ierefor+~, ~d fn ~ght
o~ the above cited code~ my clients beIieve that the Quesiions r~ised cancerning thefr
city residency at the pubiic henrin8 on this matter on 8 April 1985, Lo be c mute poin~
As indicated to you in the home owners petition filed wit?e y~ou during the nbove referenced
pubtic hearing, 11sy ciienis betieve that ihe City's ravor~abie considerntion of Uii,s annearation
and zoning request, woutd be Lo their persoRaT ared rinanciQt detrimenL rney beiieve that
the facility pIanned /'or the site would materially and detrimenLaIy afrect iheir personai
enfoyment of their own reai property; cv~d wouid Iimit the alternatFves for the future use
of their tand. This timitation, they beIieve, WiII signiricavitTy reduce their ~ticipated
profiis from their i~ds when they desire Lo setl.
C~ r ~
-~
~~~ ~~ ~
, 1~ May 1985 ~ ~
' 85-121
Meridian P&Z
page 2
After carefulIy reviewing the proposed land use, histo~icai data concerning similar
operntions, and the present and proposed land use plans of the City and County, I
beiieve that my clients have reason for serious concern. Based ulvon this research,
1 believe that I can demonstrate to you this evening, that an approval of this application
wouid be detrimental to The populace, commerce and industry within the City's area
of impact, the City, itseif as weli as the concerned cit~~pns ~odging this testimony of
opposition.
I have prepared a composite map, showing hoth t~he City and County zoning surrounding
the subject property, inctuding thereon certain preliminary plans which have been approved.
This map provides a reference for several s~ecific issues which I wouid like to address.
( Brief explaination of map given )
Notice, if you will, the estabiished pattern of zoning and land use. North of the site,
there is a residential zone only 200 feet from the site. Northeast is some agriculturai
land beyond which is more residentini and Light Industrfa~ To the East is Light IndustriaL
The Light Industriai to the East and Northeast, is of specific consideration, since this
property is pianned for a Business Center~- involvin,q, perhaps high tech. industry and
certain aliowable commerciai uses. To the South and Southeast Iie more agricuiturai
lands, beyond which is more Light IndustriaL Southwest of the site, is more Light ~
Indust~ zai. To the West, and Northw.est, is the Oid Towne planned development comprehen-
sive plan--a concept plan for twentynine individuai properties , co*~nrisin,q 188 Acres,
~reviousiv apnroved bv this Commission and the City CounciL
At first glance, it wouid appear that the present request for unnexation and zoning
as Light Industrial wouid be compatible with the City's overall plan and with the area's
estabtished trend. On the other hand, a cioser examination provides severai sound reasons
why this property shouid not be considered for Light Industriai Zoning; especiaily for
the intended use specified in the appiication.
Your attention is drawn to the ll4eridian Comprehensive P1an, Goals, page 8, goals 1 and
2. "to preserve Meridian's environmentai quality....improve the total natural environment
....to insure growth and development occur in an orderly fashton..." and in GoaI 10 " To
create an Urban Service Planning Area which is visually attractive..."
~Proper planning and subsequent zoning, if it is to accompIish these goais, must iook to
achieving batance of land uses and the buik area of iands contained with each zone.
In addressin,q this area of community pianning, noted authorities Joseph De Chiara and
Lee Koppeiman, cite the works of stiIi another authority, George Nez, in his book
" Standards for Urban Deveiopment", published by the Urban Land Institute. In this
volume, Mr. Nez states that studies indicate that the " Total Gross Lar~d requirement
for all industry"..in a city, is.."12 Acres/1,000 population; and that the "Land require-
ments for Light Industry "..is.."2 acres/1,000 population". In addition to the ~resent
land requirements, Mr. Nez addresses the matter of reserve for future ,qrow h.
" Requirements for industriai land reserve: reserve lartd for minimum of 50 years
future growth".
The 1980 census indicated that the City of Meridian had a population within the City
of just under 7,000 ; and appr~ximateIy . 9,000 in the City and that area now within its
impact area. This in~ity popuIation was down 12% from that projected in 1976.
Usin,q this as an adjustment factor, the Ada Plannin,q Association corrected its project-
ions for future years. Their projection for the year 2000, is now 25,150. If this
strai,qht iine projection is continued for a 50 year period, it would result in a popuiation
~ 13 May 1985~ •
. ' 85-121
Meridian P&Z
pa,qe 3
of 50,500, in 2035 AD. Thus, on this basis, Meridian's present population requires
upproximate~y 25 Acres of Lt,qht Industrial; in the year 2000, our needs wiil be approx-
imateIy 50 acres; and in the year 2035--50 years hence-- approximateiy 100 acres.
In contrast to this need, the City of Meridian, and its impact area, presently contain
1100 acres of lands zoned Light Industriai.
If we compare our availabie reserve to the regionai needs, there is still great disparity.
The present population of Ada County is 197,000, and that of the entire Treasure Vailey
approximateiy 360,000. Thus the current needs of li,qht industrial property in our region
amount to under 400 acres for Ada County, or just over 700 acres for all of Treasure
Valley. In the yenr 2000, these same populations are expected to reach ~89,000 for the
County, and 550,000 for the vaiiey~ Thus, tn 2000 AD the County wili require a totai
area of 580 Acres and the Valiey of 1100 Acres of Iight industriaL Meridian couid fill
these needs, even if there were no other Iight industrial lands availabie in ail of Treasure
Vailey.
In contrast to our availabie reserve, an inspection of those lands thus presently zoned,
will show that the actuai need--as demonstrated by the acreage deveioped, and in use--
to be very near the guidelines for good planning, given by the authorities cited. Thus,
on the basis of available reserve vs. present and projected need for iands within the
Light Industrial Zone, I would suggest to you that there is no nubiic need for further
lands to be thus zoned. To further expand the light industrial reserve, would merety
dela f rt er, the other and~S thus zoned~ adversely af f~ctin,q the own r's values.
`_'~- ~ ~S~ ~1 o v~~ ~ t11~~ (~r•,..~..na 51,L~ t.,-r+~~ L ~ l~~ • ~-ll1 ~S - -~- • - - ~ -
The secored matter of significance in this annexation and rezone request before you this
evening, is its compatibility, or lack thereof, with the surro~.oZding present and proposed
land uses. One of the basic tenents of zoning in Meridian, as cited from Section 2-402-
A(5) of the Zoning and DeveIopment Ordinance, is " To protect residentiat, commercial,
industrial and civic areas from the intiusion of incompatible uses and to provide oppor-
tunities for estabIishments to concentrate for efficient operation in mutually beneficiai
relationships to each other and to share services."
The property owners and residents of the East ~lTeridian Property Owners Association,
perceive that the approval of the subject appiication would, in fact, be an intn~sion
of an incompatibie use; would not result in efficiency of their operations; and would
not be conducive to mutuaiiy beneficial reiationships. For these reasons, they believe
that approvai of this application wouid violate, rather than protect their estabiished
and proposed land uses-and the ri,qhts appertaining thereto.
To assist you in anaiizing this claim against the counterclaims of the appiicant, 1 would
draw your attention to the following citations and references:
Refering again, to Mr. C,eorge IVez, author of "Standards for New Urban Development,
the Urban Land Institute, he specifies certain "General Requirements for Industriai Location:
(a) Fast, easy and convenient access to ,qood transportation facilities including rail,
highway and air.
(b) Reasonable iocation with respect to iat~or supply, raw materials source and markets
(c) An adequate amount of suitable land, free from foundation and drainage problems
(d) An adequate and reliable suppiy of utilities: water, waste water, power and fuel
(e) Protection from encroachment of residential or other iand uses
(f) Location so as to minimize obnoxious external effects on neighboring land uses
IThe Meridian Zoning and Development Oniinance, Section 2-413 B, provides that...
No Iand or building in any district shall be used or occupfed in any manner creating
danqerous, injurious, noxious, or otherwise objectionai conditions which could adversely
. ~ 13 May 1985 ~ •
~ 85-121
Meridian P&Z
page 4
affect the surroundin.q areas or adjoinin,q premises.....". And in the Meridian Comprehensive
Plan, Section I-4, under Corrcprehensive Plan Objectives, it states..." The foliowin,q
iand use activities are not in compiiance with the basic goals and objectives of the
Comprehensive Piun: (a) Pollutinq industries. There is stron,q evfdence to su.q,qest
that a Soiid Waste Transfer Station is, in fact, a poliutin,q industry and cannot be
operated a~d managed in a manner to avoid the creation of dan,qerous, injurious, noxious,
or otherwise objectionabie conditions, as called for in the City's Comprehensive
Plan and Zoning and Deveiopment O~inance. ~ w.s~.r~~ ..a {~,~,~~-- isL.~»J.~ o~ ~~ ~~s g~a.b
CO tiY`QTt~~W~ YS O~v.~~~-> ~~ 1~:
e first piece of such evidence is drawn from State of Idaho Code, TitIe 31, Chapter
44. This law provides that all solid wnste systems--other than those estabiished and/or
maintained by a city--~a1t come under the iurisciiction Qf~oard of County Commiss-
~Qners. It also provides that all solid waste systems be located, maintained and operated
in accor~dance to the rules and re,qulations adopted by the State Board of Heaith and
Welfare. T7te Board of Health ruIes and regulations stated purpose in governing this
activity, is..." To protect the public health, prevent nuisances, prevent saftey hazards,
p~event Aollution of water and air, prevent excessive iand abuse..." Section 1-6001.01.
These ruies speciftcally include a solid waste trnnsfer station in the term 'system:...
"Solid waste managemerit site means any Iand area used for storage, transfer, processing,
separation, incineration, composting, treatment, recycling, reuse, or disposal of solid
wastes." Section 1-6001.33
These rules further specifically define a T~ansfer Station, as folIows:.."means a fixed
or mobile facility used as an adjunct to a solid waste management system whereby soiid
wastes mcrY be recompacted or otherwise processed and transferred from one vehicle or
container to another for transportation to another piace." Section 1-6001.36 Further,
section 1-5013.01 requires that "Transfer stations for solid waste shali be operated under
a conditionai use permit issued by the departmen~:' ~~~,,~ ~
To obtain such a permit, these rules provide that ..." Plans, maps, specifications, and a
report on operational proceedures for solid u~aste management sites and faciiities.....
shall be submitted to the Department for review and approval before any construction
or operation is begun..." Section 1-6005.01. Reqarrling the criteria for issuance of such
a permit, the ruies state,......" To be considered for quaiification of a conditional use
permit, several of these conditions or circumstances shall prevail: subsection (1).....
"Extreemely 1ow popuIation density in an isolated area." Section 1-6005.02 (b) (1).
This process is conducted as a joint endeavor by and between the State Board of Health
and WeIfare and the Central District Health Department. The review is desiqned to
insure that the environment is protected, thus protecting the generai pubiic.
A review of the referenced le,qisiation and ruies and regulations, indicates that a
' solid waste transfer station is not considered as normal light industry. It has certain
aspects which require it to be governed by a State Conditional Use Permit. These
aspects, are clearly defined as its potential for environmental polutton and general
health hazar+cis. This would indicate that such a facility is clearly considered as a
poluting industry, and as such does not meet the basic goals and objectives of the City's
Comprehensive Pian---that poluting industries are in non compliance therewith.
Further, a careful review of Idaho Code 31-44, would appear to indicate that the
location of such facilities within the corporate limits of a city was not envisioned,
since the operation thereof was left cleariy under the jurisdiction of the Board of
County Commissioners.
13 May 1985~ •
85-121
Meridian P&Z
page 5
In reference to the poiution capabiiities of solid waste transfer stations, you have
been invited, by severnl of my clients, to visit the site at 2785 South Liberty Road,
in Boise. The operator has indicated to my clients that we shouid not use their
facilities as an exampie, as there are better operations. However, the important
fact about this site, is that it is apparentIy operating within the norm considered
in the preparation artd promulgation of the State Boar~d of Health's ruies and regulations.
Their conditionat use permit has not been cancelled, nor their operation suspended.
It wouid aiso appear that Ada County Boani of County Commissioners, under whose
jurisdiction they operate, are satisfied with the present practices. It is important to
remember that these same regulatory a encies wili be jurisdictionaly responsibie for
any such operation in the environs o Meridian y~~~¢'1p ~ ~
r
In defference to the operator of the Liberty R d site, and hts opinion that there
were better operations to use as examples, I have contacted other governmental units
in our adjacent states to gain first hand }rnowtedge of their operations and associated
probtems. The most in-depth interview I was abie to obtain was with Mr. Dave Nyblom,
Manager of the Soiid Waste Department, Public Works Division, of King County, Washington.
This contact was made on 7 May 1985, and Mr. Nyblom was most cooperative. His
observations and recommendations concernin,q the siting and operation of a solid waste
transfer station are as foliows:
Generai statistics and operntionai probiems re,qardin,q Solid Waste Transfer Stations
Assumptions given concerninq proposed ATeridian operation:
a) 20 Trucks per day, hauling an average of 5 Tons each of compacted soiid waste
b) 100 Ton/day operation with room for expansion
c) possibie public access for delivering waste to transfer station
General site requirements
a) 8 to 10 acres required for 100-150 ton/day operation, plus additional space
if overni,qht parking of trucks and/or truck maintainance is to be on-site
b) Site shouid be surrounded with cyclone fencinq to reduce litter probiems
c) transfer station should be in an enclosed structure of concrete or metai--
wood structures more easily infested with rats, mice and other vermin.
d) Facility should be served by central sewers. Wash down water is often
highiy toxic, and the concentration of solids therein makes septic systems
subject to early failure. Optional, is an on-site waste treatment ia,qoon
General siting requirements
a) preferably no residences within one quarter mile
b) preferably no residential deve~opments within a thiml miie
c) prefernbiy no commerciai, technical or office space within one-half mile
d) shouid be considered as a nusiance industrial use, as far as planning and zoning
e) best placed in area with Iow land value for any other use
f) best adjacent iand uses are: Truck/Transport terminal, Gravei pits, Concrete
or asphait piants ( King County tried puttinq one in a warehousing zone, and
found the resutts to be very unsatisfactory)
~ ' ~ 13 May 1985 • •
85-121
Meridian P&Z
page 6
Environmental concerns in siting consideration
a) Traf fic
b) Noise
c) Qlor
d) Dust
e) Litter
f) Li,qhting
g) Wastewater Disposal
h) Visual or Asthetic
i) Rodents and other vermin
Generai Operational Probiems
a) Greatest operational problem is public access to transfer station. Public's
transport of waste causes greatest amount of litter. They also contribute
to traffic probiem, and are a significant problem to the operator. Seattle,
Washington has been sued on numerous occasions for the pubIic getting hurt
on the premises. Estimate that nearly two-thi~s of the operationaI problems
are associated with public's access to the facilities.
b) Traffic can be a siqnificant probiem. Each coiiection truck load represents
two daily trips on access roads. In addition, each three to four coliection
trucks represents one transport trailer load to land fili, resulting in two more
trips ort the same access roads. Pubiic access to the faciiity exaberates these
traf fic concerns.
c) Odor is a significant problem. Transport trailers must leave for Iand fili
within a very few hours of loading. Faciiity washdown also creates additional
orors. If the facility cannot be located in an area remote from higher iand
uses, a spray system with dedorant feed is a must.
d) Noise is a major concern. The operation of the re-compacting unit, whiie
the most constant noise, is not the greatest. The unioading of the coliectiort
trucks, and dipsy dumpsters creates the greatest noise. Even with an enclosed
structure tocated on 8 to 10 acres, the noise level at the property line wiil
often exceed 90 to 100 decibels.
e) Dust is the most prevasive problem. No good answer for dust controi has been
found, according to hir. Nyblom. Moreover, the problem is not simplistic. The
dust often contains contaminants including certain construction material residue,
household and agricultural pesticides, etc. Proper screeninq by natural topogralvhy,
or other means is best avaitable control at present.
f) Litter is a continual problem. Even in their best operated transfer stations,
there is a noticible increase of Iitter within a quarter mile radius, and will be
noticible aiong transport routes to the transfer station and to the land fili.
g) Lighting can be a problem for adjacent land uses. Waste transfer operations
require very good lighting for proper operation. Estimates that plant needs
about 50% more candie power than other uses in any industriai zone.
h) Wastewater disposai has been addressed above, but its toxicity shouid be stressed.
great care should be taken to insure that site ~vastewater does not enter shailow
groundwater acquifiers.
i) Visual or asthetic values shouid be considered. Presence of solid waste transfer
stations in ciose proximity with other land uses has been found to beunsatisfactory,
except whrn located in association with other nuisance industrial uses.
j) Rodents and Vermin have not been a significant problem with King County,
in view of the fact that Their Health Department maintains rodent and vermfn
bait stations surroundin,q each site. These are monitored, and when necessary,
an area extermination program is conducted. The transport of rodents and
~\ vermin to and from the station, in loads of solid waste is greatest concern in
\ this area.
13 May 1985• ~
85-121
Meridian P&Z
Aa9e 7
General Recommendations
a) keep away from higher Iand uses wherever possibie
b) install horizontal ram ty~ve transfer trailer units-- no vertical load system
is litter tight
c) Biggest complaint from pubtic is increased litter and odor. attendants must pick
up iitter on a daily basis, and must use some type of deodoran ~ spray in washdown
operations
d) Protect operntors and the public, insofar as possible, from the air borne dust
which is often toxic
e) siting of structure important to insure it doesn't operate as an air tunnei
distributing litter
f) keep pubiic out of faciiity if at all possible
g) rnake sure that Iand fitl operator wili provide additional turnaround and unloading
areas
h) King County Transfer Statton to Land Fiii trip averages about 45 miies. 10
mile transport is considered minimum break even transport trip to justify
transfer station.
i) in siting, consider it a nusinance industrial use, because this is how the public
perceives it.
To assit you in considering Mr. Nybiom's comments, and their relationship to the site
now under consideration--th~t is, the effect on the environment and the socfo-economic
vaIues of the City, its impact areu, and the property owners of the East Meridian Property
Owners Association, I have prepared en overiay to the composite zoning and Iand use map.
The first item of consideration is traffic. The comprehensive pian of the city, states
that ,,..~~ Access to industriat areas from coliector and local streets shouid be discouraged."
SectionlV, Industrial Policies No.S. Locust Grove Road is considered a minor arterial;
however Locust Grove cannot be accessed continually without passage over u portion
of East Pine Avenue, which is classified as a Coilector. Further, the site has no public
rond access, but is proposed to be served by an easement. Traffic wili increase along
Pine Avenue principaily, as the most direct route from the city to the site. This will be
particularly grevious if public transport of soiid waste is permitted to the site. As an
exampie of this probiem, Snohomish County, Washington operates three transfer stations.
At the site most nearly compatible to the one proposed, a 200 ton/ day station, they
expect an average of 500 to 600 private vehicles a day during the weekends. In addition,
the transport vehicles used by both Kinq County and Shohomish County, have a ioaded
qross weight of approximately 40 tons. These toads, the increase of traffic--together
with the present concentration of School District busses in the site vicinity could
resuit in premature faiiure of the base materials on the streets subjected to this increase.
Further, the fact that the proposed site is accessed by an easement, rather than u
public riqht - of- way, appears to violate the intent of the city's Comprehensive
Plan and Zoning and Developnent Ordinances. A priv~te s*_*eet ~ver an eas~aneRt
seems inappropriate to an industrial site which wiil serve commerce (c ommercial ~
solid waste c oilectors) and the ,qenerai public (persons deliverin,q their own solid
waste to the station. •
The second item of concern is the notse factor. King County has indicated that the
noise generated by their facility is in the range of 100 decibels at the property line.
Based upon this assumption, then noticable noise polution will exist for nearly one-thirci
mile from the center of the site to the point at which the decibeI rQting has dropped to
50. It should be noted that the normai househoid noise level is arowtd 40 decibels, so
that even at this distance, the noise of the operation would be descernable.
~ . 13 Aiay 1985 • ~
.` . 85-121
t~leridian P&Z
page 8
Odor and dust are related probiems, in that they are disAursed with the wind currents.
The Annual Stirface Wind Rose for the Meridain area, as pubiished by the U.S. Department
of the Interior, indicates that Meridain air currents are traveling at 4 to IS miles per
hour, for neariy jlfl:y percent of the time, ~ vetoci ties of 16 to 31 miles per hour _
ten perce~t of the time, and under three miles per hour for the remainin,q
40 percent. This results in an average wind vetocity of 8.4 miles per hour. Twentyfive
percent of the time the ::ind is from the Northwest, and twentythree percent of the time
t,.-
from the Southeast. Thus, any dust or odor problems and Titer carrted~aioft wou(ci
be expected to concentrate in the direction of these prevaiiing surface winds. For
the purpose of demonstrating the effect of the w~nd carried litter, dust poiutants
and ordors, we have delitnited the area affected within a two and five minute ran,qe
at the avera,qe wind velocity of 8.4 miles per hour. This area of contamination can,
of course, be much worse, dependin,q on the particulate size of the material and the
velocity of the wind . .
The litter probiem, is directly associated with the visual or asthetic vaIues of the
tocal environmen~ Again, using lllr. Nybiom's comments that there wiil be a visual
atifference in Lhe nmowit of litter within one quarter mile of the facility, and aiong
the principte transport and collection routes, we have deitniated th~ area potentiaiy
af fected by the proposed Iand use. .
Waste water disposal, and its potential ef fect on the shailow growtd water acquifiers,
is of major coricern. Both Mr. Nyblom, of King Coi.uity, and Mr. Costa of Snohomish
Co~mty, stress the m~datory requirement of ceniral s~itary sewers for disposal
of pmcess and wash down water fmm such Q faciIity. Both stress the problem of
the waste water rapidIy blinding out a septic type disposai system, and Mr. Costa,
in particuIar, stressed the effect of a septic disposa,~ system on the gro~,v~d water.
He points out that said waste water carries targe amowits of Ieachates, oiI and
greases, and common household pesticides ~d herbicides.
The Meridian Comprehensive Pian and Zonin,q and Development Ordinances reco,qnize
the potential effect of industrial uses on our acquifiers. Section 2-408 / 12 of the
Zonin,q and Deveiopment Ortiinance states "this district must aiso be in such proximity
to insure connection to the M~.micipal Water and Sewer systems of the City of Merfdian."
And in Section IV, Industrial Policy No. 13, it states "Industrial uses should be located
where their generated water can be properiy treated and pretreated to eliminate
any adverse impacts upon the city sewer treatment facility and irriqated lands
that recieve industrial runof f water." And under Policies, pa,qe 4, Sewage Facilities
and Service, item 1, it states " all new subdivisions, pianned deveIopments, and
lnrge commercial and industriai development projects shail be reouire.d to connect
to the municipal sewer service." and under A4unicipal waste treatment, poiicy No.2,
paqe 69, of the Comprehensive Pian it states " the City of Meridian shall assure that
any industriai or commerciai discharqes to their public wastewater treatment facility
shall provide pre-treatment as specified by their NPDES permit.....rr
While it may well be the applicants intent to extend the community services to
the site and provide for pre-treatment- no evidence of this has been made avaiiable to
my clients. This is of particuiar concern service the ground water on the subject site
is extreemiy high, preventin,q even most a,qricuttural pursuits.
In this reguard, I wouid note that on page 71 of the Comprefiensive Pian, it states
r'the City of Meridian wili encourage and support studies that will determine
ground water quality conditions for the purpose of protectin,q the publics' health
and wiil determine mans impact on the groundwater aquifiers."
' ' 13 May 1985• ~
..
~ 85-121
Meridfan P&Z
page 9
Based upon previous studies, Meridinn is aware of the fact that our shniIow gro~d
acquifiers fIow genentiy to the Northwest, foIiowing the patterns of the areas irrigation
and drainage facilities. ?his was of great enough significance to the city several years
ago to prompt ii to support the "Southwest Ada Coioity Building rnui DeveiopmenL
moritorium. ?he concern was primarily besed on the infuience of the great number
of septic systems in thet area on Lhe welis and surface waters in Meridian. Less thm~
300 feet NortherIy of Uie proposed site, the Creason drQin carries shaIlow grw,vid water
drainage to the Northwes~ This source could carry contaminants to weIis Zocated
fn that direction-particuiarily in the Caroi subdivision and surrowiding tands. The
generai area of infiuence has been delineated on the overiay.
The problem of rodents and other vermin, and their potentiai disbursement from the
s~te, cannot be readily mapped. However, the potential heaith haza~ is reaL Left
w~checked, this probtem couId resuIt in the vermin spreading out into surror.mding
areas, particularly Southeast and Northwest, wher~e their iravei would be aided by
water course traveI aiong the existing waterways. On the other hand, pmper extermin-
ation measures carried forth couid mitigate the outwarcl disbursemeRt, but at the
same time resuit in dead and dying vermin being consumed by household pets, thus
spreading the haza~ of any disease they might carry ~d the pesticides used to
exterminate them onto the surrounding properties. This is, no doubt, one of the
prencipie reasons why the criteria pubiished by the S`tate for these facilities, recommends
n remote very iow density area with good drninage.
Li,qhting, is a Iessor, but sti11 important concern. You wiii recali that Mr. IVybiom, of
King County Washington, states that a soiid waste transfer station requires approari-
mately 50% more lightin,q than most other light industria~t uses. In this requard, the
Citys Zoning and Deveiopment Omiinance, S~ctian 2-413. B(1) (f) stat~es "No direct
or reflected glare shall be permitted which is visible from any property outside an
industrial district or from any street."
Based on the foreqoinq anaiysis it is difficult to see how the applicants proposed use of
the site can meet the foliowinq criteria of the City Ordinances:
"to protect residential, commercial, industrtai, and civic areas from the intrusion of
incompatible uses........," Section 2- 402 , 5 Zoning Oniinance, and
" Industrial uses adjacent to residential areas shouId not create noise, odor, air
poIlution and visual pollution, greater than ievets normally associated with surround-
in,q residential activities." Comprehensive P1an, page 17, Industrial Poiicy No. 6.
In, Summary, my ciients believe; _
1. That there is no justification or pubiic need to rezone any more land as iight
industriai at this time.
2. That the proposed annexation and zoning, and stated use, wouid be in confii ct
with estabIished and proposed land uses in the area.
3. That the environmental and socio - economic ef fect of the approval of this
appIication would result in a takin,q a vaiue from them.
4. That any action by the City, other than denial, would be inappropriate since the
appIicant has not; -
(a) "~rovided a detailed economic anaiysis, so that specifics of ...plans, designs
and development wiil be known ...." as calIed for under the Industriai revtew area
guidelines of the Comprehensive Plan.
(b) applied for consideration and approval of the Ada County Boaroi of County
Commissioners, under whose jurisdiction he must operate.
, ~~ ~
• s ~ 13 May 198~
85-121
Meridian P&Z
paqe 10
(c) AppIied for review and approval of the Central District Health, who
may specify certain approvai conditions, such as groundwater monitoring of the
site prior to approvaL
(d) Applied for a Conditional use Permit from the State Boand of Health
and Welfare.
Finaliy, my ciients wouid ~ike Moe to )mow that they appreciate the service that
he provides the community, and they applaud his ef forts to improve this service
by making a very substantiai capitai investment. They do, however, feei that Moe
has done an inadequate job in the site selection and in pursuing the necessary
permits and approvais.
~
Mayor Kingsford
Members of the Meridian City Council
720 Meridian St.
Meridian, ID 83642
Dear Sirs:
~
1030 N. Locust Grove
Meridian, Idaho 83642
August 1, 1985
I am a property owner of a 5 Acre traet West of the land Mr. Aiidjani
has requested to be annexed and rezoned for Light Industry. A barbed wire
/ fence is the dividing line.
I am very much opposed to the Meridian City Council granting this
request for a few reasons I will state.
1) I am sure all of you are aware that the eleven Acres requESted for Light
Industry is just a mile East of Meridian City Hall. That is not a very inviting
piece of information to put into a brochure advertising Meridian as a town for
newcomers to be interested in making a home---is it?
2) The nearness of this facility to the City would be a detriment because of the
rats, mice, flies and other pests that follow garbage.
3) The odor would be uncontrollable. No matter what Mr. Alidjani has
promised, garbage is picked up from individuals once a week in Meridian and if
left in the trucks overnight in the summer time it would be unbearable.
4) The heavy traffic on Pine Street would destroy that road.
I sincerely hope that each of you on the Meridian City Council has read
the Land Survey compiled by Jim Potter representing East,Meridian Prop~rty
Home Owners Association. Many opposing stipulations are clearly outlined
in his report to the Planning and Zoning Commission. I can't think any one of
them read or even listened to the report when given at City Hall June 10, 1985.
Another concern I have in having such a facility located here, would be
the devaluation of the surrounding land values.
Please remember each of you was elected from the people, by the people,
and for the people of the City of Meridian and surely to serve the impact
area also.
Do we still live in a Democratic Society? I hope and pray we do and
we will always be that priveleged.
Very Sincere y, a
~~Q-~. ~- ~ ~ ~-'~j~ ~'
G ~~
Blanche M. Wolff Q
1030 N. Locust Grove Rd. ~
Meridian, ID r}I
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