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HomeMy WebLinkAbout9/24/2007 - City Council - Minutes - Regular COUNCIL MEETING September 24, 2007 A regular meeting of the Council of the City of Salem, Virginia, was held in the Council Chambers, City Hall, 114 North Broad Street, on September 24, 2007, at 7:30 p.m., there being present the following members of said Council, to wit: Howard C. Packett, John C. Givens, John Christopher Clemens, and Byron R. Foley (Jane W. Johnson – absent); with Howard C. Packett, Mayor, presiding; together with Forest G. Jones, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of Planning and Economic Development; Charles E. Van Allman, Jr., City Engineer; and Stephen M. Yost, City Attorney; and the following business was transacted: The minutes of the regular meeting of September 10, 2007, were approved as written. The report by the City Manager of the City’s activities for the month of August 2007 was received and ordered filed. Mayor Packett reported that this date and time had been set to hold a public hearing to consider the request of Conmat Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow a concrete batch plant on the properties located in the 1400 block of Lakeside Circle and 400 block of Kesler Mill Road (Tax Map #’s 51-3-10 & 11, and 56-2-1); and ITEM 1 CONTINUED UNTIL THE OCTOBER 8, 2007, MEETING 2 WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the September 6 and 13, 2007, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on September 12, 2007, recommended to the Council of the City of Salem that the special exception permit be approved; and WHEREAS, staff noted the following: the subject property consists of three parcels located along Branch Drive and Lakeside Circle, directly off Kesler Mill Road; the parcel is approximately 7.767 acres and is currently occupied by a steel manufacturing plant and another associated building; it is bordered on the east by Masons Creek; this request is for a special exception permit to allow the operation of a concrete batch plant on a portion of the property; the applicant has stated that the concrete plant will be located behind the existing steel plant as viewed from Kesler Mill Road; the City of Salem Zoning Ordinance does not include “concrete plant” as a permitted use in any zoning district; however, an asphalt plant is permitted in certain districts, including LM, with the approval of a special exception permit, the Zoning Administrator, Chuck Aldridge, determined that a concrete manufacturing operation is a similar use; this property is located partially in the various flood zones; the portion designated for the concrete plant is located in the 500 year flood zone; and 3 WHEREAS, Eddie Harris of Conmat Properties, LLC, 311 Sixth Street, Radford, representing the property owner, appeared before the Council to explain the request; he stated that Conmat is a concrete producer that has been in business since 1976; Conmat manufactures and delivers ready mix concrete throughout the Shenandoah, Roanoke, and New River Valleys; he further states that Conmat currently owns and operates 13 ready mix concrete batch plants throughout the area; Mr. Harris requested that a special exception permit be issued for the 7.76 acres located in the 400 block of Kesler Mill Road and the 1400 block of Lakeside Circle to construct and operate a fourteenth concrete batch plant; he further stated that the property is currently zoning light manufacturing, which allows the construction and operation of an asphalt plant through a special exception permit; a concrete batch plant is very similar without the odor and some other issues associated with an asphalt plant; he further stated that the total construction and equipment investment in the operation will be approximately $2.2 million and will employ 12 to 15 employees immediately after the completion of the project and will continue to increase the number of employees as the growth of the Roanoke Valley continues; Mr. Harris stated that the proposed concrete batch plant would be located approximately 320 feet away from an existing tree buffer along Masons Creek, which is an excellent sound buffer; and will be located behind the Rockingham 4 Steel building (the old Resco Steel building), which will create another excellent sound barrier from Kesler Mill Road; Mr. Harris addressed storm water management issues; he stated that before a site plan is submitted, all FEMA and the City of Salem guidelines for construction of a concrete batch plant and a fringe area floodplain; he further stated that the concrete batch plants are operated under very stringent regulatory and operating procedures; he stated that they must submit and have approval of the City of Salem Engineer Department, a site plan detailing storm water runoff and sediment basins; they are also required to have a Virginia Pollutant Discharge Elimination System general permit for ready mix concrete, which is site specific and details the monitoring and maintenance of any possible discharge points of storm water; he stated that they are required by this permit to perform daily, quarterly, and annual inspections of all storm water management controls appropriate of the facility; they are required to have third party testing of any possible storm water discharge points; Mr. Harris stated that dust is also a concern; again, the company must follow the Department of Environmental Quality regulations, which requires all possible fugitive dust omission points as sufficient collection devices or means to suppress any dust emissions; he went on to explain the dust control measures the company will use; Mr. Harris stated that the normal business hours will be from 7 a.m. to 5 p.m.; he stated that sometimes the 5 construction industry will require them to begin earlier in the morning, particularly with VDOT work and bridges in the summer; Mr. Harris further stated that they purchased the old Resco Steel building approximately 18 months and have made many improvements to the building to make it safer and more attractive for the company and its surrounding neighbors; he stated that the company believes in doing things right; they support their communities; he went on to discuss some of the projects they have participated in the past; and WHEREAS, Councilman Clemens asked Mr. Harris to explain how the concrete batch plant will operate; how the materials will be transported, etc.; and WHEREAS, Mr. Harris explained the process; and WHEREAS, a discussion was held regarding the process, dust collection, noise, location, etc.; and WHEREAS, Mayor Packett questioned how many trucks would go in and out each day; and WHEREAS, Mr. Harris stated that once the plant is opened, there would be approximately 18 trucks per day one way; he stated that within a five-year period, the amount would increase to between 35 to 45 trips per day, including all vehicles; he further stated that the vehicles will exit on Branch Drive, turn left onto Kesler Mill, and will follow the truck routes from that point; and WHEREAS, Councilman Clemens questioned how close the facility would be to Masons Creek; and 6 WHEREAS, Chuck Van Allman, City Engineer, stated that the facility cannot be located in the flood way; they have to fill to one foot above the base flood elevation; and WHEREAS, a discussion was held regarding storm water, flooding, etc.; and WHEREAS, Vice Mayor Givens questioned where the aggregates (sand, stone, etc.) will be stored on the property; and WHEREAS, Mr. Harris stated that the cement will be stored inside, and the aggregates will be stored outside out of the flood plain; he further stated that the aggregates are planned to be stored at the same elevation the batch plant will be once its constructed; and WHEREAS, a discussion was held regarding dust, timeframe for construction of the facility, etc.; and WHEREAS, Andy Taliaferro, 607 Kesler Mill Road, appeared before the Council and stated that he has lived in Salem his entire life and is very proud to live in Salem; he further stated that there is no such thing as a clean cement plant; he stated that technology makes it better every year; he stated that when you drive by Salem Ready Mix, there is dust covering everything around the area; he stated that a concrete plant should not be within the city limits or near neighborhoods; he further stated that the roads around Salem Ready Mix are buckled up from the weight of the trucks and Kesler Mill Road will do the same thing; he stated that a cement plant just will not 7 work in the area; he further stated that if the City wants the right type of growth in the area, it needs to bring in the right type of businesses into the area; he stated that the type of jobs the plant will offer are not high paying jobs; and WHEREAS, Connie Ezell, 102 Ross Street, appeared before the Council and stated that she has done some research on the computer and found that the concrete plants are operated at night; she stated that the noise is an issue; she stated there will be too many truck traveling Kesler Mill Road; she further stated that her main concern is not the noise or the traffic, but the dust; she has lung disease, breathing problems, and bronchitis; her neighbors have heart conditions; she stated that there will be dumping, loading, unloading, transporting, raw materials (sand, stone, etc.) being brought in will cause ash to fly; she further stated that her mother just built a $6,000 front porch on the house so that she could go outside and breath fresh air and she does not believe that ash flying in the air from the concrete plant; she further stated that if she breathes in the ash, she won’t live a year; she does not want a concrete plant near her residence; she is concerned about the children and pregnant women in the area breathing in the dust/ash from the plant; she further stated that elderly people will not live long breathing the dust/ash in the air; and WHEREAS, Roger Dixon, 1616 Locke Street, appeared before the Council and stated that he lives in the 8 Brookfield Subdivision behind the Shenandoah Industrial Rubber on the hill at the corner of Locke Street and Dalewood; he stated that the noise from Novozymes Biological is enough to handle without adding the noise from a concrete batch plant; he stated that all you can hear from his house is the motors wining on the property of Novozymes; he further stated that he has 28 Leland Cypresses around his property, and he’s had 50 pine trees on his property, which did not help the noise at all; he addressed the issue of dust from the plant; he stated that a cement plant and a concrete batch plant are two different things; he stated that the dust is going to be a problem; he further stated that the sign that was posted on the property advertising the public hearing was barely put in the ground; he stated he personally put the sign back up three times; he further stated that he spent Saturday afternoon going around the neighborhood speaking to residents; Mr. Dixon questioned how high the silos would be on the property; and WHEREAS, Mr. Harris stated that the silos would be approximately 60 feet tall; and WHEREAS, Mr. Dixon stated that the question was asked how many trucks would be entering and leaving the site; he further stated there will be trucks replenishing the rock/gravel, etc., cement trucks, and other vehicles going to and from the property; he stated that the company already has 13 other cement batch plants that could be used instead of building 9 another one; he stated that there are other locations the plant could be built; the jobs the cement batch plant will provide are not good paying jobs; he would like for someone in the City or Council to travel to take a look at one of the other plants; and WHEREAS, someone in the audience asked about the noise from the crusher; and WHEREAS, Mr. Dixon stated that it was his understand there would not be a crusher on site; he stated that there would be noise when the gravel is delivered; he stated there would be added traffic in the area; he further stated he is concerned about the safety of people walking along the trail; he stated that where the trucks would be entering and exiting the property is at the beginning of the trail, which is a safety issue; and WHEREAS, Russell Bach, 302 Woodside Drive, appeared before the Council and stated that he has been in the concrete industry since 1970; he stated he works for Rish as a field engineer putting up crushing plants, ready mix plants, and asphalt plants; he stated that for the last 15 or 20 years, he worked for Tidewater in Richmond; he further stated that his biggest concern is the traffic problem; the proposed site is just north of a culvert that has trouble handling run off during wet weather and is narrow; and WHEREAS, Mayor Packett questioned where the culvert is located; and WHEREAS, Mr. Bach stated that the culvert is located rebar plant used to be and the old frozen food 10 warehouse is located on Kesler Mill Road; he further stated that Kesler Mill Road just isn’t wide enough to handle the truck traffic that would be generated by the concrete batch plant; he stated there will be a lot of noise generated; concrete is a perishable product and will be provided at whatever hour the customer wants; he stated that there occasions where there has to be a continuous pour that could last 24 to 48 hours; he further stated that when the cement trucks are unloaded, it is done pneumatically and the pumps whistle, and can be heard a long ways; he stated that once the leaves leave the trees, you can hear the noise louder; Mr. Bach stated that the trucks will generate more dust than anything as they drive through the gravel and sand dropped when the trucks are loaded and the silos are filled; he further stated that if water is put on the dust, the EPA has issues with that being done; and if you don’t put anything down, you have issues with the air quality control people; it’s a no win situation; he further stated that his biggest concern is the road not being wide enough to handle the traffic; and WHEREAS, Charles Harlow, 1375 Stoutamire Drive, appeared before the Council and stated that Mr. Harris made a comment about the property being zoned for an asphalt plant, and asphalt having an odor; he stated there was an article in the paper Saturday that stated that the zoning ordinance does not allow for a concrete plant, but allows an asphalt plant; he stated that he doesn’t know what that point has been brought 11 up; he stated that he feels that if an asphalt plant were being built, the federal guidelines would be more strict and it would be watched more closely, especially being close to Masons Creek; he stated that the other issue he wants to address is taxes; bringing in taxes and creating jobs; he stated that he used to work for Roanoke City and knows about grants being offered for businesses to come in to build new plants, create jobs, and as soon as the jobs were created and once a certain number of jobs were met, the jobs were eliminated; he further stated that Roanoke City collected a lot of personal property taxes, but once the grant was satisfied, the trucks started paying their taxes in another locality; he commended Mr. Harris and his company for cleaning up the building on Kesler Mill Road, but if they hadn’t cleaned it up, the City of Salem could have condemned the property and made the owners clean up the property; he also stated that he did not know about the public hearing at the Planning Commission meeting or he would have been present at the meeting; and WHEREAS, Mary O’Bryan, 613 Hagan Street, appeared before the Council and stated that her property runs right through the middle of Masons Creek; she stated that when the other buildings were built on Kesler Mill Road, the land was raised five or six feet which drove the water to the property on the other side of the creek during heavy rain; she stated that she is against the concrete batch plant being built not only because of the noise and dust, but because if the 12 plant is built and the property raised, it will cause more flooding on the opposite side of Masons Creek; and WHEREAS, Suzanne Hickerson, 643 Kesler Mill Road, appeared before the Council and stated that her biggest concern is traffic; she stated that there is already a lot of commercial traffic on Kesler Mill Road and the road can’t handle it; she stated that Kesler Mill Road is just too narrow to handle truck traffic, and the number of trucks the development will generate will cause much more wear and tear on the road; she further stated that she uses the hiking/ biking trail along Kesler Mill Road, and there is a safety issue involved with the additional truck traffic; and WHEREAS, Russell Huggett, 1528 Mason Street, appeared before the Council and stated that his back yard is up against the 419 property park off 419; he questioned how far away the proposed concrete plant will be from his property; he questioned if there would be any flammables or poisons stored on the site; he also questioned how much earlier the plant would open in the summer; he also questioned how far the noise would travel; how much db or ambient noise the plant will create; does the City currently impose any noise restrictions on companies; and WHEREAS, Mayor Packett stated that the property is currently zoned for heavy manufacturing; therefore, many different businesses could be placed on the property without having to come before Council; and 13 WHEREAS, Matt Terry, 1384 Stoutamire Drive, appeared before the Council and stated that he has two concerns; he stated that Council has already approved a subdivision on Doyle Street that is not even complete which has doubled the traffic on Stoutamire Drive and Kesler Mill Road; he stated that with the additional traffic from the subdivision and the concrete plant is too much traffic; he stated his other concern is whether calcium chloride and anti- freeze are used in concrete during winter to keep it from freezing; and WHEREAS, Andy Taliaferro reappeared before the Council to again question how early the plant will operate during the summer months; he further stated that he feels this will be a 24-hour operation because most concrete trucks are on a job pouring by 7 a.m. or earlier; and WHEREAS, Diane Grisso, 950 Kesler Mill Road, appeared before the Council and stated that she used to work for Salem Frame Company and Thomas Concrete was nearby where she worked and there was always dust around; she further stated that she lived in Daleville near a concrete plant and big trucks come in all the time dropping the sand, etc.; the further stated that if you drive near the concrete plant, you can see dust everywhere within three or four miles of the plant; she stated that no vegetation grows around the plant; she further stated that Kesler Mill Road is sinking; she has had to call to have the road patched due to a sink hole down from her house; Mrs. Grisso stated that 14 she also has asthma and she does not think she will be able to handle the dust from the concrete plant; and WHEREAS, Bob Grisso, 950 Kesler Mill Road, appeared before the Council and stated that there are several bridges on Kesler Mill Road; he questioned weight limit of the bridges and how much work would have to be done in order for the trucks to travel across them; and WHEREAS, Chuck Van Allman, City Engineer, stated that he was not sure if any of the bridges were load rated; he further stated that if the bridges are not load rated, it means that they are rated at H20, which is the standard loading for interstates and any bridges designed; he further stated that H20 means that it can handle 30,000 pounds per axle and most dump trucks and cement trucks are below that amount; and WHEREAS, Doris Bennett-Kauffman, 1411 Pine Bluff Drive, appeared before the Council and stated that her husband is a concrete construction contractor; he stated that they have never had any problems receiving concrete; she further stated that they have done jobs that have gone on throughout the night; she stated that Salem doesn’t need another concrete plant; and WHEREAS, Mr. Harris reappeared before the Council to address some of the concerns mentioned; he stated that Salem Ready Mix is an older operation and does not have the technology his company has at this point; he stated that he does not feel that his company should be compared to Salem Ready Mix; he addressed 15 the culvert issue; he stated that the trucks will be exiting the property and turning left onto Kesler Mill Road and will follow the truck routes from there on out and will not cross the culvert at the rubber plant; he stated that the powder used in the concrete is limestone, which is not harmful; he stated that anti-freeze will not be used in concrete; he stated that bagged calcium chloride is still used; he further stated that all chemicals and add-mixtures used in concrete are required to be in an enclosed dike; where if there is a spill, the dike will contain all of the product; he addressed the hours of operation; he stated that he has personally been in the business 25 years and he has never had to do a 24-hour pour; he is not saying that is could not happen, just that he has not ever had to do one at any of the 13 plants; he further stated he had previously stated that within five years, the plant would be up to 45 trips per day, not 45 pieces of equipment would be stored on the facility; and WHEREAS, Mayor Packett, questioned if concrete trucks, other than the ones owned by the company, will come in to load up on concrete; and WHEREAS, Mr. Harris stated that those trucks are included in the trips per day he mentioned; and WHEREAS, Councilman Clemens questioned if the company were to contract a job for VDOT, what would the operating hours be; would trucks be in there at 5 or 5:30 a.m. until 7 or 8 p.m. that night; and 16 WHEREAS, Mr. Harris stated that would be very possible; and WHEREAS, Russell Bach, Woodside Drive, appeared before the Council to ask Mr. Harris how the waste concrete would be disposed; and WHEREAS, Mr. Harris stated that they have one cubic yard forms where concrete is poured into interlocking blocks; he stated that they have five of the forms at most of their plants for the left over concrete; he stated that the forms are used around the plants for retaining walls, or they are sold to landscape companies to be used for bins; he further stated that any other excess concrete they are not able to get rid of is dumped onto the ground and is busted up the next morning and is hauled off to their quarry in Glasgow; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the request for a Special Exception Permit to allow a concrete batch plant on the properties located in the 1400 block of Kesler Mill Road and the 1400 block of Lakeside Circle was hereby continued until the October 8, 2007, meeting of Council -- the roll call vote: all present - aye. Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the Harrogate Condominium project; and ITEM 2 BOND FOR PHYSICAL IMPROVEMENTS AND EROSION AND SEDIMENT CONTROL FOR THE HARROGATE CONDOMINIUM PROJECT SET 17 WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the Harrogate Condominiums project and recommends setting bond in the amount of $34,950 with a time limit of twelve (12) months for completion; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the Harrogate Condominiums project was hereby set at $34,950 with a time limit of twelve (12) months for completion -- the roll call vote: all present – aye. Mayor Packett requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOATION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, Erin Mucha was hereby appointed to the Juvenile Court Service Advisory Council as a Student Representative for a one-year term to replace Logan George, said term will expire September 1, 2008; and Stephanie Brocker and Spencer Erickson were herby appointed to the Fine Arts Commission as Student Representatives to replace Sarah Stanley and Ursula Dilley for one-year terms, said terms will expire June 30, 2008 -- the roll call vote: all present – aye. ITEM 3 ERIN MUCHA APPOINTED TO THE JUVENILE COURT SERVICE ADVISORY COUNCIL AS A STUDENT REPRESENT- ATIVE; STEPHANIE BROCKER AND SPENCER ERICKSON APPOINTED TO THE FINE ARTS COMMISSION AS STUDENT REPRESENT- ATIVES 18 ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the Council meeting was hereby continued until 1 p.m. September 28, 2007, in Daniels, West Virginia -- the roll call vote: all present – aye. There being no further business to come before the Council, the same on motion adjourned at 8:43 p.m.