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About 40 people attended the meeting, many of whom left after the council ended discussion about Pacific Ethanol -- the company south of Burley that, as several residents said during the meeting, has emitted an unpleasant odor since it began operating this spring.
Mayor Jon Anderson, recovering from surgery, was absent. Councilman Dennis Curtis filled in.
City Administrator Mark Mitton said the company is violating zoning regulations, because it originally agreed to the absence of sight, sound, and smell.
"Obviously, you can't construct an invisible building," Mitton said and then explained that the company simply agreed that none of the three proscriptions would be intrusive.
But, he emphasized, residents near the ethanol plant believe the smell is unreasonable.
So does Councilman Steve McGill.
"I've smelled it for over three months," he said. "Just because they dropped $120 million in here doesn't mean they're going to hold that over our heads. I say we start fining them. We could use the money ... I can't tell if it's wet dog food or what, but it stinks. Where I am, it's either ethanol or manure, and right now, I'll take the manure."
Councilman Jay Lenkersdorfer suggested property values in the area are at risk -- but not every member opposed the plant.
"Even though it is subjective, I kind of like the smell," Councilman Dennis Dexter said.
"I kind of like it, but I don't live next to it," Curtis said.
No one representing Pacific Ethanol attended the meeting, but many of the company's neighbors did.
"We appreciate the work they're doing. We just want them to stop stinking," Burley resident John Stokes said, adding that his kids are often staying indoors during the summer in order to avoid the stench.
According to Jeff Rasmussen, who said he lives closest to the plant, "It's so malodorous that we can't even open our windows the next day, because the smell lingers."
"It's almost an eye-watering smell," Robert Kay, another neighbor of the plant, said.
Mitton said the current ordinance provides for a fine of up to $300 per day. The complainants, as well as Lenkersdorfer, said any penalty imposed needs to be increased. If not, Pacific Ethanol may find it more economical to simply pay the fine each day than to rectify the problem.
"There is the possibility in the ordinance of a felony or jail," Deputy City Attorney Dave Shirley said but admonished the council about getting too aggressive, reminding it and the residents that the company needs to be first notified and allowed time to comply.
McGill said they've already had enough time.
"The last thing any of us up here wants this to turn into is, the Burley City Council ran off our ethanol plant," Lenkersdorfer said.
"This is a highly reputable company ... I'm quite confident they'll take care of it," Curtis said. "And if they don't, we'll take care of them."
The council agreed to issue a warning from the city attorney's office admonishing Pacific Ethanol to deal with the smell within 10 days of receiving the letter. Otherwise, the city will pursue further legal action.
Damon Hunzeker may be reached at 208-420-4697 or dhunzeker@magicvalley.com.
To see more of The Times-News, or to subscribe to the newspaper, go to http://www.magicvalley.com Copyright (c) 2008, The Times-News, Twin Falls, Idaho Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
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