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HomeMy WebLinkAboutBoard of Adjustment Minutes 12.13.1994 MINUTES BOARD OF ADJUSTMENT DECEMBER 13, 1994 7:00 COUNCIL CHAMBERS P.M. MEMBERS PRESENT: Andy Muri, Chairman Bruce Teeters Bob Western Johnny Goodman OTHERS PRESENT: Cal Cumin, City Planner Cheryll Lund, City Secretary Kim Aaberg, INOCO, Inc. Robert Zimmerman, INOCO, Inc. Les Keebler, P.E., 2917 Custer, Billings Henry Kaiser, 602 W. 1st Maurice Kaiser, 1318 Meadow Circle Vicki Sensiba, 111 Durland Richard Barnhardt 1 other (didn't sign in) File ~94-04. INOCO, INC. Non-conforminq use. Fee was paid, and 2 advertisements were put in the Laurel Outlook. All neighbors within 300 feet of INOCO, INC., property were notified by mail of the public hearing. A letter was read into the minutes from Jim Flisrand, City Engineer. (attached) ProDonents: Bob Zimmerman from INOCO, INC. presented their request for a variance to enable them to put in an emulsion plant. An emulsion plant adds water into the already mixed asphalt. This type of asphalt has become a popular item and it is also environmentaly friendly. INOCO, INC. is not asking to do anything but add the emulsion plant. Mr. Zimmerman states the truck traffic will not increase. The plant will carry the same amount of stock as before, but the asphalt mixed in the emulsion plant has a short shelf life. They ship it the same day they blend it. A question is asked on whether the ~ruck traffic hours will change. One of the concerns expressed by neighbors at the last hearing was the truck traffic coming and going at all hours of the day and 1 night. Mr. Zimmerman feels the truck traffic will not change in hours or volume. The hours may get better, because with this type of asphalt they make it in the morning hours and the trucks are loading in the morning and not at night. Question on the smell, will it be different? Mr. Zimmerman states that there will be no smell because of the elimination of the RC and Naphtha products. They have no plans to sell any of the asphalt products Cenex, Exxon and Conoco sell. They cannot compete with these bigger companies. His plans include staying with selling what they are now as there is a definate market for it. Blending the water in with the asphalt helps to move the asphalt more efficiently. Once the asphalt is spread the water evaporates leaving a straight AC-120 mixture which is the base. It is also a more safe asphalt for workers due to its lower temperature. Cal asked why they are voluntarily not using the naphtha? Mr. Zimmerman stated that he does not want to cause problems with his neighbors. He is aware of the problems that existed when the previous owners were operating the plant. Mr. Zimmerman has turned in a detailed list of the products they use to the City Engineer's office. INOCO, INC., has owned this plant since October, and took over the management in July (2 months before the sale went through). They have done several jobs since July. Question on how the products stay warm? Mr. Zimmerman states that the asphalt is put into insulated tanks, which can keep the product warm for 2 1/2 to 3 days, in the right weather conditions. A clarification was asked for on the placement of the emulsion plant. The tanks are 12 X 30 feet (100 ton), insulated and enclosed. They will hold 3 truck loads per tank. Question on noise level. Will the emulsion plant increase it? Mr. Zimmerman states that it will not. The only time the emulsion plant will hold asphalt is when it is being blended. It is blended and then shipped immediately. Mr. Zimmerman would like to add a 400 gallon tank to store latex blend in. The tank was an existing tank that was cut up and taken down when Asphalt Supply owned the plant. He hopes to be able to put it up and use it. The emulsion plant will be placed on the left hand side of the storage shed on a slab. The storage tanks they use are only filled three-quarters full, for safety reasons. Question on how Mr. Zimmerman will address the City Engineer's suggestions? (see attached letter) They plan to build up the barimeter on the southeast corner half way up to the building. Or, they will build a containment pit. He feels this will more than handle any future problems. Les Keebler, a registered engineer working for INOCO, INC. spoke concerning the soil under the tanks. He states they are willing to do anything the City Engineer feels is needed. Mr. Zimmerman reads a letter into the record from Les Keebler, P.E. (attached). Opponents: Vicki Sensiba, 111 Durland, spoke in opposition. She stated that many of the problems at the plant have been cleared up, such as the constantly ringing phone and trucks running all hours of the night. She is still in opposition of any further expansion, but thinks that maybe this isn't an expansion. Henry Kaiser, owner of 101 Durland Avenue, spoke and stated that he is not familiar with what has gone on at the plant in the past, due to having just acquired the property from a deceased sister. He did complain about the constant ringing of the outside phone. He also stated that the plant was very good to his sister when she was alive. Mr. Zimmerman stated that they will correct the ringing of the phone by purchasing a phone that the employees can carry. Andy Muri, Chairman, asked whether they have plans to hire more employees and whether their tax base will increase? 3 Mr. Zimmerman stated that they have plans to hire 2-3 more people and that yes, their tax base has gone higher. A gentlemen (that didn't sign in and when he stated his name it was not clear on the tape) spoke concerning the mixing of the asphalt with air. He can hear noise from a constantly running compressor. He is assuming it is mixing air and asphalt. He worked 43 years at a refinery and has seen trucks almost explode due to a tanker truck being loaded while there was some water in the bottom. He feels this is a very dangerous situation and doesn't want to see this situation at this asphalt plant. Mr. Zimmerman stated that this gentlemen is correct in the fact that asphalt should no~ be poured into a truck with water in the bottom. But, this is not being done at the asphalt p~ant. What the gentleman is hearing is the air compressor that is used to open and close the valves on the tanks. Their asphalt is milled at 300 degrees and the water is at 90 degrees. He also stated that explosions don't happen in emulsion plants and Cenex has never had a truck explode due to emulsion. INOCO, INC.'s, asphalt, once it is mixed, is not hot enough to burn skin, so there is no danger of any explosions of trucks. Cal Cumin recommended approval of this application subject to three conditions: 1) The applicant obtain a City of Laurel building permit and comply with the wishes of the City Engineer; 2) that the granting of this varianceis done with the understand that there will be no increased noise or odor; and, 3) that the outside phone ringer on the building be eliminated. Joe Leckie asked if the list of products they use to make asphalt will change with the new emulsion plant? Mr. Zimmerman stated there will be no changes in products on the previously submitted list. He also explained that the air compressor the gentleman complained about is used to open and close the valves. He will move it to the back of the plant so it can't be heard by the neighbors. Cal stated that the recommendation he made should include the exhibit that was enclosed in the application and also a recommendation to approve the tank that they would like to rebuild. Motion by Robert Western, seconded by Bruce Teeters, to approve the variance as applied for with the understanding that: 1) INOCO, INC. obtain a City of Laurel building permit and comply with the wishes of the City Engineer; 2) that there is no increased noise or odor caused; 3) that the outside phone ringer on the building be eliminated; 4) that the exhibit that was enclosed with the application be included and, 5) that they be allowed to rebuild the 400 gal. storage tank. Motion carried with a unanimous 4--0 vote. The meeting was adjourned at 8:07 p.m.. Respectfully submitted, Lund, Secretary 5 CO. BOX 10 PHONE: 628-8791 City of Laurel LAUREL, MONTAi~A 59044 DECEMBER 13, 1994 CITY ENGINEER DEPARTMENT Andy Muri, Chairman Board of Adjustments Laurel, MK. Dear Mr. Muri: In reviewing INOCO INCi's initial request' to enlarge their business, it was apparent their non-conforming use would require a determination by the Board of Adjustment. In addition, the processing plant'designed, will require a building permit with an Engineer's opinion on the existing load-bearing capabilities of the soil in that area. The truck traffic should also be considered due to the additional processing that will take place at the site. I am submitting these comments to assist your committee in their decision and to inform you of my involvement au this time. Sincerely, Jim Flisrand City Engineer City of Laurel is an EEO l~mployer 2917 CUSTER AVENUE BILLINGS, MONTANA 59102 (406) 652-3386 RADON Asphalt Supply & Service Laurel, MT c/o Robert Zimmerman December 13, 1994 RE: Asphalt Plant Site Considerations - Asphalt Supply - Laurel, MT Dear Sir: As per you request, the dikes about the site were surveyed and evaluated as to whether the site would retain the contents o~' existing three asphalt storage tanks in the event of a worst posssible condition ..... total plant spill. Also requested was whether a fourth tank of equal size could be added under these considerations. A final consideration is whether the plant subgrade is suitable to hold a proposed new tank. It was found that the existing dike system has a few minor deficiencies that could be easily corrected or managed. It is my opinion that the dike was originally installed to retain the volume of the three tanks but some minor settling (or compaction) has occurred on the Southeast gate area of the plant leaving a just few linear feet of the dike short in elevation by only about 2 inches. The minimum elevation of the dike is 0.5' (6") above the truck scale platform. The rest of the dike and the northern raikoad bed are of satisfactory elevation. The addition of a fourth tank of equivalent size changes the necessary minimum dike elevation to that of .79' (9.5 inches) above the truck scale platform. Again, this only requires a fairly minor improvement. A consideration that must be mentioned is that of a "Factor of Safety". The elevations previously given are from actual calculations and no "fudge factor" has been applied. It might be good engineering to add six inches or a foot to all elevations to be on the safe side. Oposingly, the chances of all storage tanks breaking at the same time seems a little extreme. The question has been asked whether the ske subgrade can handle another storage tank. The answer is yes, but that a suitable subgrade design should be performed or copied. Since the tankage which is proposed is of the same diameter and height as other tanks on the property, previous subgrade designs have proven adequate. Les Keebler, P.E. Professional Engineer License #7303PE