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HomeMy WebLinkAboutCity/County Planning Board Minutes 08.08.1991 L~UI~ E:L-¥E:LLOWG?O N £ CITY-COUNTY FI- NNING BOARD LAUREL, MONTANA RR044 August 8, 1991 The meeting of the Laurel-Yellowstone City-County Planning Board was brought to order at 7:05 p.m. with the following members present: John Hawley Smith, Chairman Larry Thomas, City Rep. Joseph M. Bradley, City Rep. Donna Kilpatrick, City Rep. Lonnie Kellogg, City Rep. Gerald Shay, Member at Large Donald Gudgell, County Rep. Clarence Foos, County Rep. Russell Bray, County Rep. Members absent: Billie Lou Lance, County Rep. Jim Ziegler, County Rep. Others present: Cal Cumin, City Planner Cheryll Lund, City Secretary Ron Marshall, 204 Durland Alex Vogel, 205 S. 8th Ave. Vicki Sensiba, 11! Durland Emelia Vogel, 205 S. 8th Ave. Eli Meccage, 622 Locust Jo Meccage, 219 E. Siegfried Diegel, Asphalt Supply Curt Diegel, Asphalt Supply Dean Bailey, 1047 Montana Avenue Andy Jamiesen, Asphalt Supply L.Do Collins, 401 cottonwood Kristy Hinmar, 202 Forrest Jim Worthington, City Engineer Jennifer Lehnert-Feldhaus, Laurel Outlook Motion by Donna Kilpatrick, seconded by Lonnie Kellogg, to approve the minutes of the June 13, 199~, meeting. Motion carried. Motion by Russell Bray, seconded by Lonnie Kellogg to approve the minutes of the special meeting of June 27, ~991. Motion carried. Home Occupation- Connie Klein- Babysitting Connie was not present at the meeting. She was told by City Hall that she did not need to attend because the City was not going to pursue requiring business licenses for babysitters. Home Occupation- Eli Meccage- Baseball Card Sales Eli Meccage, 219 E. First, was present requesting a home occupation be granted to allow him to sell baseball, basketball, football and hockey cards and card protectors. Cal stated that due to the zone that 219 E. First is located in there is no Problem and he feels the Home Occupation should be granted. Motion by Don Gudgell, seconded by Lonnie Kellogg, to grant the application. Motion carried. Special Review- Asphalt Supply Proponents Siegfried Diegel, owner of Asphalt Supply, spoke concerning their application for Special Review~ They want to construct a tank for storage. They have been turned down for this in previous years for various reasons to include noise and odor. There have been many complaints and they feel that they have addressed all of them. They have gotten a letter of accomodation from a neighbor in recent months due to the addressing of these complaints. They would like to eliminate the cutter tank, and put in this storage tank to help them in their primary business. They would like to have the legal action that has been pending for several years to be dropped by the County Attorney. As a gesture of faith they woul. d like to give the City a grant of $25,000 to use wherever they see fit. They would like to build the tank sometime this fall. It would be approximately the same size as the existing tanks, but a little larger in diameter. It would not be any taller and make no difference on the skyline. They have not had any complaints for a very long time. He did remember that there was a complaint a few weeks back, about odor, but that the plant was not operating anything at the time. In the last 30 days they have only shipped 3 loads. The activity has been very slim. They are averaging about 4 loads per day. From July 9, 1991 thru Aug. 9, 1991 they have shipped out only 3 loads. Opponents Alex Vogel of 205 S. 8th St., spoke in opposition. He states that when you heat petroleum it gives off an odor. It does not stay within the limits of the asphalt plant, and this is the complaint to begin with. Page 2- City-County Planning meeting of August 8, 1991 ~pponents- (continued) Alex Vogel. He is also concerned about the traffic problems the big trucks cause. They stated that they would put in a new gate from the last application. He does not see where they have done that yet and they are still driving over the sidewalks. The problem from the very beginning is the odor. The odor will always be there because they are heating the asphalt. He feels that the Asphalt Supply is trying to give the City a bribe by offering them a $25,000 grant. Me and his neighbors cannot bribe the City because they do not have enough money. They call the police and the police take too long to come and look at the problem. He feels that this issue should not come up because there is already a lawsuit pending concerning this problem. His property has been de-valued due to the smell of the asphalt. He feels that the placement of the tank will make a parking problem for the semi trucks that come through. Ron Marshall, 204 Durland He would like to point out 2 problems. He feels that Asphalt Supply was not honest when they first came into town, and feels that there is no guarantee they will be honest in the future. He feels that the grant of $25,000 is wrong and as a City councilman he would not vote for it, or accept it. In having to live in the area the smelling of the odor and the not being able to go sit out in his yard, they have not been good neighbors. He requests that the Board take a hard look at this application. Vicki Sensiba, lll Durland Is opposed to the expansion due to the odors and noise. The noise carries through 24 hours a day. Christy Hinman, 202 Forrest The noise and odor is of course the main objection. The phone rings all night long and wakes up her and her family. She called about 2 weeks ago, %o the Police Department, about the odor. The Dispatcher, that also lives in the area, agreed with her that it stinks. Proponents Curt Diegel spoke concerning the application. The new tank will be used to even out their rubberized asphalt production. It won't mean anymore truck traffic. They are looking into receiving their latex through the rail lines. They also want to get into a new product that will allow them to ship by rail car. He understands that the truck traffic is a big problem and issue, but there is a truck route that goes by the plant. Sometimes the truck traffic does get out of hand. The truckers do not work for Asphalt Supply, and they can ask their contractors to send fewer trucks at a time. By doing this they can spread them out. The new tank will not take up anymore space. They have a good bit of land and they can hold up to 10 trucks vertically. This is a very rare case to have that many trucks go through at a time. As far as odor is concerning, he agrees that asphalt is not a very pleasant odor. He also reminds everyone that there is a refinery in Laurel that gives off odor for miles around. They received complaints about 2 weeks ago, but he states that there were no trucks being loaded at that time. He feels that people don't like them there but that Asphalt Supply is trying to be a good neighbor. Asphalt has to be heated and loaded at a certain temperature. The asphalt has to arrive at the contractors job at a certain temperature or it is not useable. They have a radius of 470 miles. They are trying to be good neighbors. He asks that we act favorably toward this application. Siegfried Diegel spoke again. He can appreciate Mr. Vogel's situation but feels that he exagerates some of the problems. They are a very seasonable business. They don't run trucks that often. The trucks are well monitored. He makes reference to trucks blocking traffic. They have shipped only 3 loads out, and he doesn't know how, or when, the trucks are blocking traffic. Maybe they aren't trucks coming in or out of Asphalt Supply. He feels that wherever there are opponents to a situation, they will gather their neighbors and :friends and have them call complaints in. They have been shut down for months, and still have gotten complaints. The complaints they have had, he feels, are far too numerous to be factual. The neighborhood doesn't want them there, they are part of Laurel, but not all of Laurel, and he wants to get a fair shake from the community. Page 3 City-County Planning Board meeting August 8, 1991 Two letters of objections were received. One from Doug Poehls of 119 Yellowstone and from Stephen and Peggy Schreiner of 108 Durland. The application was advertised 2 times in the Laurel Outlook and 27 property owners within 300 feet were notified. Motion by Joe Bradley, seconded by Lonnie Kellogg that the Public Hearing be closed. Motion carried. Question on the law suit pending on Asphalt Supply. This has been pending for approximately 5 years. The City cannot drop the lawsuit, dropping of the lawsuit is up to the County Attorney. The City can suggest to the County Attorney that the lawsuit be dropped. But, once legal charges have been made, it is in the County Attorney's hands. To Joe's knowledge, nothing has happened in several years, concerning the case. Joe had called some time ago to inquire abou the case, and a new Attorney in the office promised him that she would look at it. He has never been called back and still does not know where the case is at. There isn't much activity on it, but it is still considered an open and pending case. The lawsuit was filed under a nuisance. Question on whether or not the Board should be considering this application while a lawsuit is pending. Joe states that he feels it has no bearing. Cai questions the applicants statement that they expanded the gate, and would like them to talk about that. Curt Diegal states that the west gate was expanded an extra 12 feet. They also moved a telephone pole to the west to help facilitate the trucks entering the yard. He received a letter of thank you from the neighbors once the problem was eliminated. Mr. Vogel feels that this is still a problem. The reason they don't get anymore complaints is that that particular person moved out of town. He states that the trucks are not coming up onto the sidewalk but are still blocking the roadway. Just because it is a designated truck route, that roadway is still used by Laurel residents. He feels that because Mr. Diegel doesn't live in Laurel he doesn't realize the problems it is causing. Question on contamination of the air. L.D. Collins is on the County Air Pollution board. When the complaints on Asphalt Supply first came in, they required Asphalt Supply to put a mist eliminator on their stack. L.D. personally went by and checked it on a regular basis until they got a court order keeping him from doing so. L.D. states that they couldn't report any particular particles in the air, and odor can't be measured. Siegfried Diegel states that before they put the Asphalt Supply in Laurel they went to the Board of Health, EPA and everyone,else. and told them what they were going to do. They were told that there was no problem. They have handled all problems as best they could. He feels that there are a few people that are a little bit antagognistic and just don't want them in the neighborhood. Ron Marshall stated that since they have eliminated the Naptha the odor has been much better. Last summer (1990) was particularly bad, but it has been better since October of 1990. The tank will be for storage. The asphalt needs to be tested 24 hours after making it, and before it is sent out. This will allow them to do just that before sending it out, but won't make the volume of shipments any bigger. Cal asked about the nature of the complaints received from July 9- August 1 when the plant was actually shut down. Joe suggests that we check with the Police Department. Donna Kilpatrick said she received a complaint recently about the gate. A property owner was asked by a truck driver to move her vehicle so he could turn the corner. She moved the vehicle, and he went right up over her property. So, she stated to Donna that the new gate didn't accomplish anything! Curt Diegel stated that the truckers do not work for Asphalt Supply, and about all they can do is request that the truckers not go on anyone's property. They are doing everything in their power to change this. They are not trying to be a nuisance, they are trying to clear their name. Curt also states that if the City so desires, he will remove the Naptha cutter tanks as a gesture of faith. This will assure the City that they will not make this product. They have shipped only 2 loads of the asphalt product with Naptha. T~ey have reduced that product by 95%. The last shipment was last summer, and they have no plans for making any more with Naptha. Joe Bradley wonders what they really do make and sell. Curt states that what they make is a rubberized asphalt. It is liquid latex. They mix it into an oil, let it pure, test it, and make sure it meets certain specifications. He states that all they make, or plan to make, is rubberized a~phalt. There are different grades and velocities, and this all dependent on what kind of job it is needed for. ~Page 4- City County Planning Board meeting of Aug. 8, 1991 Joe asks whether or not this storage tank means that they would not have to be as active in truck traffic if this storage tank is put in? Answer is yes, it should eliminate alot of traffic at once. Curt Diegel states that they haven't had any complaints in 2 years. Joe states that maybe those complaints were not passed on to them, and some neighbors aren't complaining because they feel that it doesn't do any good, and it takes too long for a police officer to arrive to deal with the complaint. He states that there have been complaints. This tank would be in operation within 3 months of permission to build it. He would like to have it done for this year. Start up time for the Plant is usually May-October. Question on outside phone ringer? Is there some way that there could be something done about this? Curt states that something could be done, he does realize that it is loud. He does state that he was unaware of the problems it created. Question as to whether or not there would be shipping at night. Curt states that he will work on a solution for no night shipping. Question on loading trucks every 15 minutes? Curt states that he could suggest to the truckers that they vary the times they arrive. But when 5 shipments need to be shipped, 5 trucks arrive. Loading at night is necessitated by having to have the asphalt arrive at the job site at a certain temperature. Joe feels that the problem with trucks loading at night, and the blocking of traffic by these trucks. He would like to see the Police Department dispatched more often, but he also realizes that they are busy on more important calls. Joe wonders why Asphalt Supply doesn't complain to the truckers bosses? A suggestion is made about a truck turn around at Schesslers and bring the trucks throught he plant in the other direction. Siegfried Diegel states that asphalt is brought into the plant at night as well, and that he can change that. Ron Marshall is questioned about the smell. He states is not that bad, except when there is no wind. there, but it is not as bad as it used to be. that i~~ The odor is Asphalt does put out an odor, Asphalt Supply does not deny that. But, it must be stated that the odor is not unpleasant to everyone. L.D. Collins feels that if it was in the dead of winter and they (Asphalt Supply) could send out a shipment they would do so, even tho they claim they shut down during certain times of the year. Siegfried Diegel states that they do only maintenance during the shut down time. It is a very seasonable business that never goes beyond October 15th and and never sooner than May 15th. Question on whether or not because of the storage tank with more asphalt in them, will there be bigger odor problems? Diegels both state no. Diking capacity was discussed. Joe Bradley wonders whether their diking capacity will have to be enlarged because of the proposed storage tank. No, the 1.53 acres is more than sufficient to handle the amount of asphalt they make if there were ever a spill. You could literally spill all of the asphalt in the plant and it would be sufficient. Also, when hot asphalt spills, it moves very slowly and hardens after a certain amount of exposure. Mr. Vogel states that he was told that the dike would be cut down to make the gate bigger. This, of course, was not mentioned by Asphalt Supply. They are diked on 3 sides, all but the railroad side. They feel that the land slopes the wrong way, and would never reach the railroad. They do not know what the pitch is, and have never measured it. They took 2 feet by and acre and a-half. With this they would be able to hold over 975,000 gals.of asphalt. They have approximately 280,000 gallons to play with before it would run out into the street. And that would be if they all ruptured at the same time. the Plant holds about 685,000 gals. of asphalt. Cal would like to see the Board table the decision on this application until the September meeting. He would like to see more information gathered and discussed. He wants a copy of the report from the Air Quality board; the copy of the early Engineering study; a report on the status of the legal action; and a count of complaints received in the last year; a list of things that Asphalt Supply said they would do up to this point. Motion by Lonnie Kellogg, seconded by Russell Bray. Motion carried 6--3. Page 5 City-County Planning Board meeting of August 8, 1991 Joe states that the offer of a $25,00 grant should not be a consideration of whether or not this is granted or not granted. Joe doubts that the City will take the $25,000 grant. Cal states that they shouldn't take the money. Motion by Lonnie Kellogg, seconded by Don Gudgell to adjourn. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Cheryll Lund, Secretary