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CITY OF SHAWNEE
PLANNING COMMISSION MEETING
MINUTES
August 21, 2017
7:30 P.M.

PLANNING COMMISSIONERS PRESENT STAFF PRESENT
Commissioner Bruce Bienhoff Planning Director Paul Chaffee
Commissioner Randy Braley Deputy Planning Director Doug Allmon
Commissioner Dennis Busby Admin. Asst. Angie Lind
Commissioner John Montgomery
Commissioner Rusty Mudgett
Commissioner Kathy Peterson
Commissioner Brian Roth
Commissioner John Smith
Commissioner Les Smith
Commissioner Alan Willoughby
Commissioner Steven Wise

(Planning Commission Meeting Called to Order at 7:32 p.m.)

A. ROLL CALL

CHAIRMAN BUSBY: Good evening and welcome to the August 21, 2017 meeting of the Shawnee Planning Commission. We’ll start with roll call. Commissioner Montgomery.

COMMISSIONER MONTGOMERY: Here.

CHAIRMAN BUSBY: Commissioner John Smith.

COMMISSIONER J. SMITH: Here.

CHAIRMAN BUSBY: Commissioner Peterson.

COMMISSIONER PETERSON: Here.

CHAIRMAN BUSBY: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Here.

CHAIRMAN BUSBY: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Here.
CHAIRMAN BUSBY: Commissioner Busby is here. Commissioner Wise.

COMMISSIONER WISE: Here.

COMMISSIONER BUSBY: Commissioner Braley.

COMMISSIONER BRALEY: Here.

CHAIRMAN BUSBY: Commissioner Les Smith.

COMMISSIONER L. SMITH: Here.

CHAIRMAN BUSBY: Commissioner Mudgett.

COMMISSIONER MUDGETT: Here.

CHAIRMAN BUSBY: Commissioner Roth.

COMMISSIONER ROTH: Here.

B. PLEDGE OF ALLEGIANCE

CHAIRMAN BUSBY: Please join me in reciting the Pledge of Allegiance.

(Pledge of Allegiance)

C. CONSENT ITEMS

1. APPROVE MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 7, 2017.
2. SUP-02-99-02; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO RIEKE FAMILY TELECOMMUNICATIONS, TO ALLOW A 185-FOOT TELECOMMUNICATIONS TOWER IN THE AGRICULTURAL ZONING DISTRICT, LOCATED AT 15400 MIDLAND DR.
3. SUP-05-12-08; REVIEW SPECIAL USE PERMIT FOR JONNA'S DAYCARE, FOR AN IN-HOME DAYCARE WITH UP TO TEN (10) CHILDREN, IN THE RESIDENTIAL SUBURBAN ZONING DISTRICT, LOCATED AT 6914 MILLRIDGE.
4. SUP-05-96-05; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO AMERICAN TOWER (FORMERLY CINGULAR WIRELESS), FOR A 150-FOOT MONOPOLE TELECOMMUNICATIONS TOWER, LOCATED AT 8110 HEDGE LANE TERRACE.
5. SUP-06-95-08; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO SPECTRASITE COMMUNICATIONS (FORMERLY CINGULAR WIRELESS), FOR A 165-FOOT TELECOMMUNICATIONS TOWER IN THE AGRICULTURAL ZONING DISTRICT, AT 6285 OGG ROAD.
6. SUP-07-00-08; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO MARSHA TATTERSHALL, TO ALLOW A ONE CHAIR BEAUTY SALON AS A HOME OCCUPATION IN THE SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, LOCATED AT 13909 W. 69TH TERRACE.
7. SUP-07-96-06; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO SPRINT SPECTRUM, FOR A COMMUNICATIONS TOWER IN THE AGRICULTURAL ZONING DISTRICT, AT 24310 W. 43RD STREET.
8. FP-12-17-08; FINAL PLAT APPROVAL FOR BARKER VALLEY, A TWO LOT SUBDIVISION, LOCATED IN THE 6200 BLOCK OF BARKER ROAD. THE APPLICATION IS FILED BY ATLAS SURVEYORS, LLC FOR BARKER DEVELOPMENT I, INC., DEVELOPER.

CHAIRMAN BUSBY: Consent Agenda. Items 1 through 8 are listed under the Consent Items Agenda. Unless there is a request to remove items from the Consent Agenda, the items will be approved in one motion. Is there a request to remove any of these items from the Consent Agenda? If not, is there a motion to approve the Consent Agenda? Commissioner Peterson.

COMMISSIONER PETERSON: I move we accept the Consent Agenda as one item.

CHAIRMAN BUSBY: Thank you. Is there a second? Commissioner Braley.

COMMISSIONER BRALEY: I second that motion.

CHAIRMAN BUSBY: There’s a motion and a second to approve the Consent Agenda. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried. Thank you.

[Therefore, the motion was made by Commissioner Peterson and seconded by Commissioner Braley to approve the Consent Agenda. The motion carried 11-0.]

D. NEW BUSINESS

1. SUP-13-08-10; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO DEFFENBAUGH INDUSTRIES, TO ALLOW LAND FILLING OPERATIONS IN THE PLANNED INDUSTRIAL ZONING DISTRICT, GENERALLY LOCATED ON THE SW CORNER OF INTERSTATE 435 AND HOLLIDAY DRIVE.

CHAIRMAN BUSBY: Under New Business, SUP-13-08-10; Review of the Special Use Permit Previously Issued to Deffenbaugh Industries, to Allow Land Filling Operations in the Planned Industrial Zoning District, Generally Located on the Southwest Corner of I-435 and Holliday Drive. Paul.

MR. CHAFFEE: This is the scheduled review of a special use permit previously issued to Deffenbaugh Industries to operate a sanitary landfill in the Planned Industrial zoning district, located at the southwest corner of Holliday Drive and I-435. The special use permit was last reviewed in May, 2016 and the special use permit was extended by the Governing Body in September, 2016.

Since the last review, the City has contracted with Blackstone Environmental to perform an Odor Study for the area surrounding I-435 and Holliday Drive. A Phase I and Phase II report has been completed.

As a result of actions that have been taken over the past year and a half, the number of odor reports from the public has been significantly reduced. From January through July of 2016, 235 odor reports were received that were attributable to the landfill area. Between January and July 2017, 127 odor reports have been received. Comparable information for each month between January and June also indicated that the number of reports is significantly less than the same period the year before. During July 2017, 33 reports were received compared to 23 during the previous year. Twenty-three of these 33 reports were made during the July 5-6 and July 27-28 periods after prolonged heavy rains in the area.

During the past few weeks we’ve seen an up-tick in the number of reports due to trenching that is being undertaken at the landfill to expand their gas collection system. Historically, this provides an enhanced risk for odor work and that work should be completed in about a week and a half. So, what they actually do is they extend the -- expand the system. They’re actually trenching through rot and waste because they have to get below the level, so the risk for enhanced odors is greater. And Deffenbaugh has done a really good job keeping us up to track and up to speed that this was going to happen, so when citizens complain we can relay that information on, which we also put on our website.

It was noted during the last review that the City received numerous complaints regarding litter along I-435 between Shawnee Mission Parkway and Holliday Drive. Since the last review, staff has not received complaints in regard to either of that issue or an issue of mud in the streets. Waste Management has implemented a regular schedule for litter pick up and Waste Management has also implemented a street sweeping schedule that has resulted in no complaints happening.
The following actions have been undertaken regarding the operation of the Johnson County landfill since January 2016:


The location of the odor reports is also significantly different. In 2016, 35 percent of the odor complaints came from locations in excess of one mile from the landfill property, 30 percent came from one-half mile to one mile from the landfill property, and 35 percent of the reports came from less than a half mile from the landfill property. Through July 19, 2017, the area of reports has tightened, with 11 percent of reports coming from in excess of one mile, 30 percent from a half-mile to a mile, and 59 percent within a half-mile.

It is noted that the peak time of reports is the same, between 7:00 a.m. and 9:00 a.m. and between 6:00 p.m. and 7:00 p.m. It also is noted that the time of temperature inversions, which usually occur in the mornings, was a key contributor to the release of odor from the site and landfill gas. The composting operations do not appear to be a contributor of odor reports. It appears that the larger tub grinder and other compost creating procedures have reduced the potential of odor from this source. The installation of the large flare to burn off methane gas and upgrades to the gas collection system in the Spring/Summer 2017 appears to have resolved the landfill gas odor. The active face of the landfill appears to be the source of odor that is escaping the site.

The City created an odor study team to discuss odor issues and identify potential actions that could be undertaken to resolve the frequency of complaints being received through the city's citizen service request system and odor hotline. Members of the study team included city administrative and planning staff, staff from Johnson County Department of Health and Environment, and Waste Management the owner of Deffenbaugh Industries. Later, staff from Blackstone Environmental became part of the team when they were engaged to conduct an odor study and provide a report of the findings. Monthly meetings were originally held, and the team still meets on a regular basis. And we’ve been meeting now for about 16 months.

Phase I Odor Study

The Phase I Odor Study was undertaken in 2016, and was completed in late 2016. The City of Shawnee commissioned Blackstone Environmental to perform the study and report. The study was undertaken in response to a substantial increase in odor reports from the vicinity of the Johnson County Landfill (JCL) in late 2015 and early 2016. The goal of the study was to identify potential odor sources within a five-mile radius of the Johnson County Landfill and make recommendations for further field investigations and potential mitigation methods. In addition to identifying the potential sources of odor, the study reviewed meteorological analysis, facility operations related to potential sources, and made recommendations for mitigation and future analysis. Recommendations provided included restrictions on the time of sludge being deposited at the site, enhanced management of the sludge loads, and application of odor neutralizer to the active face during morning temperature inversion and removing daily cover from the active face.

Several conclusions and recommendations were made in the Phase I report. The active face of the JCL was identified as the likely odor source. Temperature inversions, the low topographic position of the current cell, odorous sludge being received, and the peel back of the daily cover on the active face were identified as having a potential impact for spikes in complaints during the morning hours. And the peel back of the daily cover we’re talking about is when they use the tarp for those operations. Composting of yard waste on the site was also identified as a potential source of odor, especially in the spring and summer after an appreciable perception event. During 2015-2016 the stockpile of waste material accumulated for a longer than typical period of time. Grass clippings can be especially odorous. During this time, delays in curbside yard waste collection allowing bags of yard waste to sit uncollected. As a result, the decay process began and odors were produced that were released when the bags were ultimately processed. It was recommended that amendments to the grass clippings such as wood nutrients, the rejection of yard waste deposited in plastic bags, and retention of mature compost to cover windrows may assist in reducing odor from the composting operations. It was suggested that continued odor neutralizing and monitoring of wind direction take place when composting operations were ongoing.

A gas to energy plant is also located within the landfill. The system collects landfill gas through an underground system that brings these gases to the plant and are processed and sent through pipelines for use to provide energy sources for homes. If the current system is not able to handle the landfill gas that is produced, the gas will find pathways to escape creating an odor at the surface.

It also was noted that the topographic position of the current cell coupled with the atypically high rainfall likely caused waste decomposition and therefore landfill gas production proceeded at a much higher than average in the area. So what was happening, the landfill cell had been opened not for a long period of time, so most of the waste that had been collected was at the bottom of the bowl so to speak. Then when we had the heavy rains they would be absorbed into the trash. But because there wasn’t a great elevation difference from where the waste was to the bottom of the landfill cell there wasn’t a lot of space for that water just to dissipate and be absorbed otherwise.

In January and February of 2016, the LFG Collection and Control System was proactively expanded in this area. This system operates independently of the landfill gas to energy plant, and includes an additional flare to burn off excessive gas. This became operational on January 30, 2016. Waste Management in 2017 increased the volume of the gas that could be burned off. It was noted in the report that the number of reports declined following installation of the additional flare.

Off-site, the Mill Creek Regional Wastewater Treatment Plant was identified as a potential source of odor. Between August and December of 2015 the accumulated sludge at the bottom of the collection lagoons was cleaned out. The collection material is hauled to farmers and is spread and tilled into their fields as a soil amendment. Some of these fields are located off 43rd Street both east and west of Lakecrest Drive in Shawnee. A review of the complaint data indicated that some odor reports were attributed to the land application of sludge. And they also did it in 2016, but we didn’t get near the complaints that we had that first year.

The Kansas City, Kansas Wastewater Treatment Plant #20 on 88th Street in Kansas City, Kansas, north of the Kansas River was also identified as a source of intermittent odor associated with routine plant operations. Odor reports could be attributable directly to this treatment facility.

Phase II Study

So then we undertook a Phase II study. During the time the Phase II study was undertaken Waste Management had begun to undertake operational changes, and equipment upgrades to enhance the operation of the landfill, as well to be proactive in the reduction of odors in the general area of the landfill. And some of those items that were identified in Phase I, earlier when I let you know some of the changes that they have done over the last 18 months, that was during this period of time. The purpose of the Phase II study was to assist with the investigation of reported odors from the area surrounding the Johnson County Landfill including the landfill and other potential odor sources.

It was noted in August 2015, the City implemented the SeeClickFix electronic application that allows residents to electronically report odor and a wide variety of other issues such as street lights in need of repair, tall weeds, potholes, etc. This easier ability to report odor complaints, rather than the previous call-in hotline, may attribute, at least partially, to the increased number of odor reports being made by citizens. The system was improved in regard to odor reports in 2016 to include the location of the odor, as opposed to the GPS position that showed up before, expand the system to allow Lake Quivira residents to make reports, and to ask submitters for more detailed data regarding the type and the intensity of odor. So, if someone goes in on SeeClickFix they let us know how long have you smelled it, what time of day, what type of odor was it. And that even helps us segregate out those that have no relationship at all to the landfill and those that are landfill related. Or like today when we got an odor complaint that someone thought was the landfill it couldn’t have been the landfill because the wind was coming from the southwest to the -- or southeast to northwest. So, it was from some other source. So, Deffenbaugh has their weather station on site that they can help in determining some of those, was it really landfill odor or was it not.

Six sampling events were conducted in January of 2017 by Blackstone staff. Generally during these events, odors could be attributed to the active face of the landfill, landfill gas escaping from the site, Wastewater Treatment Plant #22, and industrial odors from unidentified sources north of the Kansas River.

An analysis was also undertaken identifying the location of odor reports to the city between 2006 and 2016, and a review of the time those reports between 2011 and 2016.

Odor dispersion modeling was also conducted to identify the preferential pathways indicating the location odors from the active face would be expected to escape from the site. And that has to do with the topography of the land and wind directions.

Staff expressed a desire to continue field sampling in May and June to determine the effect a change in weather conditions may have on the type of odor that could be detected from the general location of the landfill. And sampling is going to be continuing throughout the year during all seasons.

Field Investigations

So, some of the field investigations. As part of the continued sampling efforts, Blackstone undertook four field investigations on four separate occasions, as well as on days that three or more complaints were received since May 1, 2017. There were seven days when more than one odor complaint was received. Based on the analysis undertaken, Blackstone made a series of recommendations, many of which have been undertaken by Deffenbaugh. While on a few occasions, an odor was detected at a pump station near the wastewater treatment plant, the odors detected were likely from the landfill. The composting operation seems to be operating well with the new grinding system equipment and is generally not a source of odor, as had previously been the case.

Modifications to Conditions of Approval

A series of modifications in the conditions of approval are recommended based on the findings and recommendations made in the odor study. The modifications have been highlighted in the conditions of approval. Additionally, conditions of approval that have been satisfied, are indicated as being stricken from the previously approved conditions.

The revised conditions include:

In the event the above mentioned actions in the revised conditions of approval do not satisfactorily resolve the creation of identifiable odors from the landfill, these are additional actions that could be undertaken. So, during the next year during the review period we’ll be seeing how it works, and hopefully everything is under control. But we wanted to let you know that there are a series of other things that we may wish to undertake at that time.

So, these are pretty severe items that we may need to undertake, and I don’t really think we’re going to get there with them, or maybe a couple maybe come up in the next year.

As a result of the ongoing discussions, the study team and Waste Management staff have agreed to the proposed revised conditions of approval presented below. The revisions are indicated in red. Deleted conditions are stricken in black. Staff recommends the extension of SUP-13-08-10, for the operation of a sanitary landfill by Deffenbaugh Industries at the southwest corner of I-435 and Johnson Drive, subject to the following revised conditions. And the only ones I’m going to read to get in the record are the ones that are in red or just briefly what’s been stricken.

So, Condition Number 1 is amended to say that the applicant -- the original stays.

And in another paragraph:

And Deffenbaugh is currently undertaking all of these items.

The previous Item Number 2 consenting to annexation of the landfill has been deleted and is replaced with:

Condition Number 10 regarding the vacation of Locust Street and the vacation of the town of Holliday and Cole’s Addition is removed.
Condition Number 18, which related to the physical removal of Locust Street is stricken and Number 18 becomes:

Previous Condition 19, which was related to the creation of a benefit district for the improvement of Holliday Drive is stricken and is replaced with:

Item Number 33 regarding review of the special use permit annually to review the progress is also included in Condition Number 40, so it was duplicative.

Condition Number 34 regarded the revision of a map to show the proposed solid waste boundary, which Deffenbaugh Industries did approximately 12 years ago. It’s replaced with verbiage that states:

A portion of previous Condition Number 35 is stricken with the City engineer reviewing the assets of the City for Locust and Holiday.

Condition 37, in the third paragraph, a sentence is modified to read:

And then the verbiage added:

As well as other odor reports received by Waste Management, which includes

And then back to the original wind direction information and responsive actions.

Condition Number 38 is removed. The review of requirements by the EPA regarding air pollution and control and mechanisms, those are done by the Kansas Bureau of Air.

And that concludes staff’s presentation.
CHAIRMAN BUSBY: Thank you, Paul. Is the applicant present? If you would come forward and state your name and address, please.

MR. HOLLAND: Good evening, Mr. Chairman and members of the Planning Commission. My name is Curtis Holland. I am legal counsel to Johnson County Landfill. My address is 6201 College Boulevard, Suite 500, Overland Park, Kansas.

CHAIRMAN BUSBY: Are you in agreement with staff recommendations?

MR. HOLLAND: Yes, sir, we are.

CHAIRMAN BUSBY: Thank you.

MR. HOLLAND: Just very quickly, I did want to introduce our team. We will have a brief presentation made by Mike Hey who is here. Mike Hey is the Senior District Manager for Johnson County Landfill. I also would like to introduce Dale Hoekstra, who is the Director of Operations, as well as Lisa Disbrow, who is with our Governmental Affairs team.

Appreciate you hearing this application again tonight. We were here a year ago or so. A couple of times we were back before you. And this permit application as you know is a bit unusual because we’re reviewing it every year. And I do want to thank the staff for their efforts in working with us on a lot of the issues that were outlined in the report. We did go over this a lot last year and the last few meetings. And I know there’s some new members here, so happy to talk about that still with you if you have any questions about that. At this point I’m going to turn it over to Mike Hey, and then we’d be prepared to answer any questions if you have any. So, I’ll just turn it over to Mike.

MR. HEY: Thank you, Mr. Holland. And thank you, Mr. Chairman and members of the Commission.

CHAIRMAN BUSBY: If you’d talk into the microphone and state your name and address, please.

MR. HEY: My name is Mike Hey. Address is 2601 Midwest Drive, Kansas City, Kansas.

CHAIRMAN BUSBY: Thank you.

MR. HEY: First of all, I’d like to tell you a little bit about myself. My name is Mike Hey. I have been District Manager of the facility since September of last year. As part of my responsibilities for Johnson County Landfill I also have responsibility for several waste transfer stations in the Kansas City area. I also oversee management of a large landfill just north of Topeka, Kansas, and also a facility just outside of Omaha, Nebraska.
I started my career with Waste Management 28 years ago as a well field technician. Primary responsibilities were designing, installing and operating gas collection systems in large landfills for Waste Management. I then moved into disposal operations and have had a career that included operating compost facilities, landfills, transfer stations and that led me here to Kansas.

This is a simple slide that briefly just shows the volumes. I like to show historically just to give you an idea of the amount of waste received. Johnson County Landfill took about 1.3 million tons in 2015, and took just a little bit more than that in 2016. And we’re on track right now to have similar numbers for 2017. So, it comes out to about 5,000 tons per day.

This is just a locator slide to kind of show you an idea of where the site is at. The key locators are the Kansas River on the north side of the site, the Lake Quivira community and lake directly to our east, and then surrounded on the west, south and far east side by City of Shawnee.

Drawing in a little closer this slide simply shows a closer orientation. Holliday Drive is to our north. I-435 is to our east and Johnson Drive to our south. You’ll also notice the athletic fields along the Mill Creek Streamway to our west. And also note the Mill Creek Wastewater Treatment Plant directly in the upper left-hand corner of the slide.

Laying over that you’ll see our property boundary. Inside of that white dashed line is the boundary of our property. It’s what Johnson County Landfill controls and owns. It equals about 850 acres.

Inside of that I’ve overlaid on this slide our permitted area. So, this is the area that we intend for landfill disposal. It’s what we have a permit to fill. So, you can see that it isn’t the entire property that gets waste for disposal, just this 460-acre piece in the middle.

Overlaying that again, this is our currently developed area. So, this is the area that’s already been constructed, has been being used for landfill disposal, and we’re currently using it now. If you note the unshaded part that was part of the last slide in the upper left-hand corner, that’s still active quarry at the site and will be developed into landfill in the future. Still inside of that permitted area.

The red-shaded areas are current active area. That’s currently where our disposal operations have been occurring for the last two years. It will continue through about 2020 in that area. That’s also area where our cell development is occurring. As we develop additional area inside of that permitted area and it’s also where our aggressive application of gas control measures have been -- being installed over the last couple of years.
The little blue blob to the bottom that’s our yard waste. That’s just to show you an orientation of where our yard waste operations are occurring on the site, right on the south side.

Speaking of yard waste, this is a slide that shows a picture of the tub grinder that we talked about. In this area is where yard waste, you guys would know it as brush, leaves, grass, that type of material that’s picked up at the homes in the area would be delivered to the site and loaded into this machine to be mixed and ground to help stabilize that material.

This is our landfill gas collection system. We have about 400 wells that collect the gas at the landfill and they’re connected by a network of piping that’s described on this photo.

The majority of the gas goes to our landfill gas management plant. It’s a plant that takes our landfill gas, sort of scrubs it up, cleans it and makes a high BTU gas that can be pumped onto the local gas pipeline and, therefore, be used by businesses and residents.

Whatever the plant doesn’t take our flare then destroys. Last year we installed the new flare to increase our capacity to burn the excess gas. That’s a picture of it there.

And that brings me to odor management. A lot of things that I’ve talked about already are parts of good odor management at a landfill. The first and foremost is landfill gas collection. Efficient and timely installation of the gas collection system allows us to stay ahead of that gas and not have it become a problem.

Yard waste processing, again, the timely and efficient processing of the yard waste as it comes into the site allows it to not build up. And if you don’t allow it to build up we don’t have problems with it.

Also the daily operations at the site, some things have changed. This photo in the lower right-hand corner shows some of our operations in the foreground. You see us applying some daily cover, covering up the waste and shrinking the area of exposure. That’s one of the changes we’ve made at the site.

Other things we’ve done. This is a picture of a mister. We’ve put ten of these out at the site. These are simply a device that takes an odor neutralizer. It gets delivered in these totes as seen in the picture. And you can see if you look closely the mist coming out. And these are calculated to squirt or mist out that odor neutralizing chemical into the air at a predetermined frequency around the site.

We’ve also invested in foggers. These are new. We got our first one last year. This is very similar to the misters, they’re just a lot more portable. We can move these right into place where we need them at the time. If we notice something that might have an exposure for odor, we can move these into place. They’re a lot more portable than the misters that actually have to be set up.

We’ve also made some changes to the daily operation. So, in the foreground you see the daily cover. In that case that’s the compost being used for the cover there. But you’ll also see on the left-hand side, if you look carefully it blends together, the truck that’s spraying the active face. It just looks like a big water cannon spraying out there. That is the -- a similar odor neutralizer is put into that tank and actually sprayed on the face. We do that a couple of times. We’ll do that whenever we remove a canvas tarp as described in the SUP. We’ll also do it during high volume times during the day. There are times when we just get a lot of garbage coming in through the gate. And we’ve found that that’s a good time to apply the deodorizer. We’ll do it when we notice odors at the site, you know, that we think, oh, this is a little stronger than normal. And then we often will do it in response to odor reports coming in too.

Daily cover is also an important point and just doing a real good job at covering up the waste here. You can see a photo of daily cover soils being spread. And in the foreground you actually see one of those tarps that are used as well.

So, in summary, we have about 850 acres. Four hundred and sixty of it are used for landfill disposal. That gives us 39 million tons of capacity and that should provide enough space till 2043 for the Kansas City Metro area.

I’ll be happy to answer any questions.

CHAIRMAN BUSBY: Commissioner Peterson.

COMMISSIONER PETERSON: First of all, thank you for coming out. And having been on the tour I learned a great deal there. But one of the questions I wanted to ask because I remember being out there, and it says reduction of the size in the active face to one acre during the evening hours. Just out of curiosity’s sake, we were out there in the early afternoon, early evening, and how much of that face was open at that time?

MR. HEY: That was probably about an acre when you there right about -- it was like four o’clock, right?

COMMISSIONER PETERSON: Probably, yeah. And is it -- how big does it get during the day?

MR. HEY: Two acres.

COMMISSIONER PETERSON: Two acres. Thank you.

MR. HEY: We try to maintain at two acres or less. We will adjust the size of our active face due to the business coming in, but we keep it under two acres.

COMMISSIONER PETERSON: Perfect. Thank you.

CHAIRMAN BUSBY: Commissioner Peterson. Or I’m sorry, Commissioner John Smith. Excuse me.

COMMISSIONER J. SMITH: Thank you, Mr. Chairman. I too had the benefit of the tour. I appreciate the opportunity for that because I was -- I’m one of the new members of the Commission. I wasn’t here when this was considered last year. One of the things that you mentioned during the tour, and I don’t see it mentioned anywhere in the report, is that you have an injection well. Do you have the appropriate local, state and federal permits for the operation of that well?

MR. HEY: Yes.

COMMISSIONER J. SMITH: And what is it used for?

MR. HEY: We take the leachate that’s collected from the bottom of the landfill. That’s rain, snow that gets in the landfill while we’re filling. It drains to predetermined spots that we have pumps in, and we remove that water and we inject it into the injection well.

COMMISSIONER J. SMITH: In other words, particularly at the bottom of maybe some of the older parts there may be water and gas that gets pinched off and is that what this injection well is used for when you pump that out of there, that you can’t put it in the stormwater.

MR. HEY: Correct, yes. The leachate that makes its way to the bottom of the landfill is pumped out and put into the injection well.

COMMISSIONER J. SMITH: Thank you.

CHAIRMAN BUSBY: Thank you. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes. A question about the open face. You mentioned that two acres maximum, typically now during peak times. How does that compare to the size of the open face a year, year and a half ago when we had several more complaints?

MR. HEY: I think it was a bit larger. That’s why it was emphasized. I wasn’t here at the time, but I know that it seems that I’m telling the guys to shrink it up a lot more these days.

COMMISSIONER BIENHOFF: It seems like it was quite a bit larger if I remember correctly.

CHAIRMAN BUSBY: Any other questions for the applicant? Commissioner Peterson.

COMMISSIONER PETERSON: Just another thought on that open face. By the reduction of that, does that create issues with you on quickly you can empty your trucks and things like that? Is it slowing you down operationally or is that still enough face that you can operate efficiently?

MR. HEY: Well, certainly we open up the landfill size -- when we got to two acres is when we get really busy. So, usually early in the morning about six o’clock, seven o’clock, we’ll start getting -- we’ll pull the tarps off if we used a tarp and we’ll open up more face. And then in the evening we’re a lot slower. So, I wouldn’t say the way we’re doing it now hinders us any more because we’re already slowing down.

COMMISSIONER PETERSON: Okay. Thank you.

CHAIRMAN BUSBY: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Question for Paul. Paul, on page 66 it talks about Wastewater Treatment Plant #20 on 88th Street.

MR. CHAFFEE: Yes.

COMMISSIONER WILLOUGHBY: And then on 69 it talks about Wastewater Treatment #22. Is that --

MR. CHAFFEE: It should be #22.

COMMISSIONER WILLOUGHBY: Huh?

MR. CHAFFEE: It should be #22.

COMMISSIONER WILLOUGHBY: Both of them?

MR. CHAFFEE: Yes.

COMMISSIONER WILLOUGHBY: I mean it’s only one plant.

MR. CHAFFEE: It’s one plant.

COMMISSIONER WILLOUGHBY: Oh, okay.

MR. CHAFFEE: And it’s located north of Woodend on the east side of 435.

COMMISSIONER WILLOUGHBY: Right. Okay. Thanks.

MR. CHAFFEE: Thank you.

CHAIRMAN BUSBY: Any other questions for the applicant? I have -- Bruce, go ahead.

COMMISSIONER BIENHOFF: I have another question for staff, for Paul. On the couple of conditions at Number 10 and there’s another one later that were stricken and not replaced, Number 38. Will those just be renumbered then so they’re consecutive?

MR. CHAFFEE: Yeah. When we get done with the whole process -- I didn’t do it yet in case we needed to put some other condition in. So, everything will just get itself bumped up or back as the case may be.

COMMISSIONER BIENHOFF: Okay. Thank you.

CHAIRMAN BUSBY: Any other questions for the applicant or staff? Commissioner John Smith.

COMMISSIONER J. SMITH: This is a question for staff. Number 29, states the entrance to the landfill shall be from Holliday Drive. That may be the case. But we’re seeing an increasing amount of trash trucks coming down 47th Street from K-7. It may not be the appropriate place to discuss that, but I think I’d like to see it in the record that 47th Street shouldn’t be a thru-truck street and we’re getting both truck traffic, trash truck traffic as well as the tanker trucks that are bringing sludge into the waste treatment plant that’s west of that. And I’d like to see --

MR. CHAFFEE: I think from the wastewater treatment plant --

COMMISSIONER J. SMITH: Pardon?

MR. CHAFFEE: -- and the landfill, their entrances are, well, to the wastewater treatment plant, it’s off 47th Street is the only way they can get in. And then Deffenbaugh, their entrance is on Holliday Drive, which is sort of 47th Street that’s curved off. The reason that condition was placed in there, in previous years some drivers would enter off the 53rd Street Bridge and go down into the landfill. And so that’s why we put that condition in that we wanted them all to use the main entrance to the landfill to deposit the trash.

COMMISSIONER J. SMITH: Right. But we’re getting trash trucks, and they’re some of the heaviest trucks that will come down a street, and they’re coming down 47th Street from K-7 and that should be -- there should be signs on that street that that’s not a thru-truck street. And the same way with Woodland, they’re coming across there too. Now, I live out there. I travel that street.

MR. CHAFFEE: Right.

COMMISSIONER J. SMITH: I see them do it.

CHAIRMAN BUSBY: Thank you, Commissioner Smith. Any other questions for staff or applicant? I have a comment for the applicant. And that is it’s my understanding in the last couple months it’s been a very good increase in cooperation between staff and the applicant and I’m really happy about that. The other thing is I’ll be damned disappointed if that doesn’t continue.

[Inaudible; talking over one other]

UNIDENTIFIED SPEAKER: If that’s a motion I second it.

CHAIRMAN BUSBY: Or you can make a motion.

MR. CHAFFEE: Chairman Busby, I did want to acknowledge Mike Kukuk and Lindsay James with Blackstone Environment, who have been doing a lot of the work with us over the past year. And Craig Wood who is with the Johnson County Department of Health and Environment is also here in the audience this evening. So, they’ve all been members of the study team and we appreciate their work. And I know myself I’ve learned an awful lot about landfills and they’ve been very patient in leading us through this review process that’s been ongoing for about 16 months now. So, just wanted to publicly recognize that they were here and appreciate the work that they’ve done.

CHAIRMAN BUSBY: Thank you, Paul. And thank you for your assistance in this matter.

Although this is not a public item, if there is anybody from the public that wishes to talk, we’d entertain that. If not, that puts us in -- oh, I’m sorry, Commissioner John Smith.

COMMISSIONER J. SMITH: Mr. Chairman, since Blackstone was mentioned, would it be appropriate if we could ask their representative a question or two about the analysis of their odor? Is that appropriate or --

CHAIRMAN BUSBY: I think that would be fine. Would you care to come forward and answer a few questions? Which one, Blackstone? If you’d state your name and address.

MS. JAMES: I’m Lindsay James with Blackstone Environmental. We’re at 9153 133rd Street in Overland Park.

CHAIRMAN BUSBY: Thank you.

COMMISSIONER J. SMITH: Well, thank you. We’ve talked a lot about the odor and the source of the odor. And those of us who smell it, who live out in that area, was there any chemical analysis done to determine whether the odor is from the gas that’s escaping or the compost?

MS. JAMES: Well, what we did was called a nasal ranger survey. So, what that gives you is a way to measure the frequency, intensity, duration, and offensiveness of the odor. It’s sort of a more qualitative, quantitative method. So, you get a measure of dilution to threshold as opposed to an actual number like what you would get with the analysis that you’re talking about. But we are able to tell -- the staff that we used for the odor study are all landfill engineers and geologists. So, we know the difference and we’re trained to know the difference between, you know, landfill gas odor and active face odor or compost odor.

COMMISSIONER J. SMITH: Okay. Thank you. I appreciate that. Because since we paid for an odor study, I thought that maybe we could determine what the odor was from. I appreciate very much that they’re addressing both the gas that’s escaping as well as the composting. Thank you.

CHAIRMAN BUSBY: Thank you very much. Any other questions for applicant or staff? If not, we’re in Commission discussion.

COMMISSIONER L. SMITH: Mr. Chairman.

CHAIRMAN BUSBY: Commissioner Les Smith.

COMMISSIONER L. SMITH: Thank you, Mr. Chairman. Paul, I’m glad to hear, you know, the way you’re speaking about the cooperation from Waste Management. I mean, you know, this is a big deal. Unfortunately or fortunately in this multi-million operation we’re talking about odors and litter, that happens to be the things that our residents can see, feel, touch, hopefully not taste, and --

UNIDENTIFIED SPEAKER: Smell.

COMMISSIONER L. SMITH: Smell. That’s the other one, yeah, isn’t it. So, I appreciate that, I mean seriously. And it’s a big deal for our residents and they have done absolutely everything we have asked them to do now for two years or so that I’ve been here and that’s to be commended. I just wanted to state that. Is an annual, I forgot to ask one question. Is an annual review typical for this type of operation, or are we doing it because we’ve had some issues?

MR. CHAFFEE: No. Over the past 29 years I’ve been here we’ve alternated. Sometimes it’s been one year, sometimes it’s been two years that we’ve had the review. We recommended one year just to see how well the changes that we’ve undertaken in the past year have gone and hopefully continue to see the reduction in odor complaints.

You know, it’s interesting too that in every staff report we have, you know, through the years, you know, this is a landfill, a solid municipal waste landfill. And we’ve never hidden the fact that there are going to be odors from the landfill. But I think two years ago things got away from, not so much the management, but it just was several factors that all happened to occur. It wasn’t time to install the gas collection system yet according to EPA. And we had a lot of heavy rain and we had some changes, or beginning to have some changes in management and management practices. So, we’ve gone the one year and, you know, if we get everything under real good control and, you know, I can see us going to a two-year cycle again at some point in time.

COMMISSIONER L. SMITH: Thank you. Thank you, Mr. Chairman, for allowing me to ask that question I had forgotten. But let’s keep going down the path we’re going. We appreciate it.

CHAIRMAN BUSBY: Thank you. I might ask another question to Paul. And that is, is there are things that could trigger us reviewing the special use permit prior to be a year up, correct?

MR. CHAFFEE: Yeah, certainly. As with all SUP, if we need to call it up, we can certainly do so.

CHAIRMAN BUSBY: Thank you. Commissioner Braley.

COMMISSIONER BRALEY: Yeah. Thank you, Mr. Chairman. I just wanted to share that I did have the benefit of having been on the tour two years ago, and then a few weeks back. And two things jumped out. One, obviously how quickly the landfill can fill up in two years. I mean just the visual of the cell when we went out there two years ago having been the bottom and now that cell is pretty well to the top was quite a sight to behold. You know, and then the second thing was how much improvement has been made in those two years. And granted we -- I know we’ve been really tough on you and there is reasons for that. But I will say that, Mike, I really appreciated the time that you took, the information that you shared. You said you joined here in September. By you saying that, you were very much up to speed on all the issues at the time of the tour. Certainly your background in the design of the gas collection systems is certainly paying dividends I think in what we’re seeing out at the landfill now. I mean they’re kind of on top of that right now. So again, all good things moving in the right direction, but I want to second what everybody is saying. Let’s keep that momentum going and that communication and working together. And if that’s the case, I’m sure we’re going to just keep moving in the right direction with the landfill. So, thank you.

CHAIRMAN BUSBY: Thank you. Anyone else? Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I’ll make a motion.

CHAIRMAN BUSBY: Okay.

COMMISSIONER WILLOUGHBY: I move for approval of Revised SUP-13-08-10; Special Use Permit review of the sanitary landfill operations in the Planned Industrial Zoning District, the Southwest Corner of I-435 and Holliday Drive, Deffenbaugh Industries, per staff recommendations.

CHAIRMAN BUSBY: Thank you. Is there a second on the motion? Commissioner Wise.

COMMISSIONER WISE: I second that motion.

CHAIRMAN BUSBY: There’s a motion and a second for approval of SUP-13-08-10; a Special Use Permit previously issued to Deffenbaugh Industries, to allow land filling operations in the Planned Industrial Zoning District, generally located on the southwest corner of I-435 and Holliday Drive. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried. Thank you.

[Therefore, the motion was made by Commissioner Willoughby and seconded by Commissioner Wise to approve SUP-13-08-10; a Special Use Permit previously issued to Deffenbaugh Industries, to allow land filling operations in the Planned Industrial Zoning District, generally located on the southwest corner of I-435 and Holliday Drive. The motion carried 11-0.]

E. OTHER BUSINESS

CHAIRMAN BUSBY: That leads us to Other Business. Paul.

MR. CHAFFEE: Staff just has one item. Just a reminder that because of Labor Day, our next meeting will be on a Wednesday, so it’ll be Wednesday, September the 6th.

CHAIRMAN BUSBY: Does the Commission have any questions or comments for staff?

F. ADJOURNMENT

COMMISSIONER L. SMITH: Mr. Chairman.

CHAIRMAN BUSBY: Commissioner Les Smith.

COMMISSIONER L. SMITH: I move that we adjourn.

CHAIRMAN BUSBY: Thank you.

COMMISSIONER L. SMITH: You’re welcome.

CHAIRMAN BUSBY: Is there a second.

COMMISSIONER MUDGETT: Mr. Chairman, I’d like to second that.

CHAIRMAN BUSBY: Commissioner Mudgett, would you like to second that?

COMMISSIONER MUDGETT: Second. Thank you.

CHAIRMAN BUSBY: There’s a motion and a second to adjourn. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried. We’re done. Thank you.

[Therefore, the motion was made by Commissioner L. Smith and seconded by Commissioner Mudgett to adjourn. The motion carried 11-0.]
(Shawnee Planning Commission Adjourned at 8:23 p.m.)