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CITY OF SHAWNEE

PLANNING COMMISSION MEETING

MINUTES

February 17, 2016

7:30 P.M.

PLANNING COMMISSIONERS PRESENTSTAFF PRESENT
Commissioner Bruce BienhoffPlanning Director Paul Chaffee
Commissioner Augie BoginaDeputy Planning Director Doug Allmon
Commissioner Randy BraleyPlanner Mark Zielsdorf
Commissioner Dennis BusbyAdministrative Assistant Angie Lind
Commissioner Doug Hill
Commissioner Les Smith
Commissioner Sara Somsky
Commissioner Henry Specht
Commissioner Alan Willoughby
Commissioner Steven Wise
PLANNING COMMISSIONERS ABSENT
Commissioner Kathy Peterson
CHAIRMAN BOGINA: Welcome to the February 17, 2016 meeting of the Shawnee Planning Commission. We’ll begin with roll call.

A. ROLL CALL

CHAIRMAN BOGINA: Commissioner Somsky is absent.

CHAIRMAN BOGINA: Commissioner Peterson is absent.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Here.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Here.

CHAIRMAN BOGINA: Commissioner Busby.

COMMISSIONER BUSBY: Here.

CHAIRMAN BOGINA: Commissioner Bogina is here.

CHAIRMAN BOGINA: Commissioner Wise.

COMMISSIONER WISE: Here.

CHAIRMAN BOGINA: Commissioner Braley.

COMMISSIONER BRALEY: Here.

CHAIRMAN BOGINA: Commissioner Specht.

COMMISSIONER SPECHT: Here.

CHAIRMAN BOGINA: Commissioner Smith.

COMMISSIONER SMITH: Here.

CHAIRMAN BOGINA: Commissioner Hill.

COMMISSIONER HILL: Here.

CHAIRMAN BOGINA: If you’d please rise and join us in the Pledge of Allegiance.

B. PLEDGE OF ALLEGIANCE

CHAIRMAN BOGINA: Thank you.

C. CONSENT ITEMS:

CHAIRMAN BOGINA: Items 1 through 5 are listed under the Consent Agenda Items. Unless there is a request to remove an item from the Consent Agenda, the items will be approved in one motion. Is there a request to remove an item from the Consent Agenda? If not, is there a motion to approve the Consent Agenda? Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I move for approval of the Consent Agenda.

CHAIRMAN BOGINA: Thank you. Commissioner Wise.

COMMISSIONER WISE: I’ll second that motion.

CHAIRMAN BOGINA: There’s a motion and a second to approve the Consent Agenda items 1 through 5, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes.


(Motion passes 9-0; Peterson and Somsky absent)

Commissioner Somsky arrived.

CHAIRMAN BOGINA: Item D. is:

D. NEW BUSINESS

CHAIRMAN BOGINA: This item does not pertain to trash pick-up. This is a private matter between you and your trash hauler and not a matter of the Planning Commission. Paul.

PLANNING DIRECTOR CHAFFEE: This is the scheduled review of the special use permit. This special use permit was originally issued in October, 2008. This special use permit replaced a series of previously issued SUP’s. It is noted landfilling operations have been undertaken at the site for over 40 years. The last review of the special use permit was in February 2014. In 2011, the special use permit was revised to extend the closure date of the landfill until 2043; require post-closure monitoring plans of the site until 2073 as required by the Kansas Department of Health and Environment; and required execution of a revised developer’s agreement for the years 2011-2043.

Since the last review of the special use permit Deffenbaugh Industries became a subsidiary of Waste Management in the spring of 2015.

The applicant has continued filling the collection cell in the center of the landfill site where the offices were originally located. This collection cell has received solid waste since 2011, and is anticipated to be the active disposal area until 2019-2020. After completion of active filling operations in this cell, operations will move to the west central portion of the overall site.

Currently, there are approximately 330 wells on the site which yield more than six million cubic feet of landfill gas for processing per day. An additional 32 wells will be installed in the current active phase.

Approximately 1.376 million tons of solid waste was placed at the landfill in 2014, and 1.346 million tons of solid waste was placed in the landfill in 2015. The applicant uses their odor detection systems to measure the atmospheric conditions that often lead to the potential for increased odors, and react with their odor control systems to reduce the effects of the odor by targeting the masking spray. In addition to the wind monitoring provided with the odor control masking system, the applicant has recently installed an additional weather station near the tower on site to provide 24 hour data generation. As discussed later in this report, recent odors have overwhelmed the ability of these masking sprays to adequately reduce odor from the site.

During the first eighteen months of this review period, the applicant performed as expected in satisfying the conditions of approval. The number of odor complaints trended in the same manner as over the past 10 years, and other complaints regarding operation of the landfill were minimal. The applicant responded to the complaints in an expedient manner. As has always been discussed over the years, given that this is a municipal solid waste landfill, some odor is expected to occur.

However, during the last six months of the review period several issues have arisen regarding odor, litter, correspondence and prompt attention to complaints. The City of Shawnee operates an odor hotline and a Customer Service Request system through the City’s website that can be used by citizens to bring odor issues to the City’s attention. The system also notifies Deffenbaugh Industries, Johnson County Health and Environment, and the Kansas Department of Health and Environment of the issue raised. During the fall of 2015, the city also implemented a mobile application for all questions and concerns including landfill issues. Complaints that are odor related are also forwarded to the above agencies in the same manner as for the hotline. It should be noted that not all odor complaints received are regarding landfilling operations as complaints can also be received regarding the wastewater treatment plant, burning of leaves and other debris, sewer gas from failed lines, and grease traps.

Johnson County Department of Health and Environment and the Kansas Department of Health and Environment are responsible for inspection and compliance issues at the Johnson County Landfill. The County’s responsibility lies with the performance of a methane gas collection and distribution system that is operated by an independent third party, as well as their regulations regarding the collection and disposal of yard waste, and inspection of daily cover operations. The Kansas Department of Health and Environment is responsible for the permitting and related compliance inspections as required by the State of Kansas for the operation of municipal solid waste landfills.

The number of complaints regarding odor has spiked since August of 2015. There are two potential sources of odor in the area along Holliday Drive and 47th Street west of I-435; the Johnson County Landfill and the Mill Creek Regional Wastewater Treatment Plant operated by the Johnson County Wastewater District. Both facilities during normal operations can produce an odor, however usually the odors are distinct and upon investigation of a complaint the odor can be tracked to one of the two uses.

Between August and December, 2015 the Wastewater District undertook operations to remove sludge from the bottom of several of the collection lagoons. This process is completed approximately every three years. During this process, sludge is removed from the lagoons using hoses that are placed into tank trucks and removed from the site. The Wastewater District has contracts with farmers in the area who receive the sludge that is placed on their fields and tilled as an amendment to their soil, since it is rich in nutrients. Many of the contracts are with farmers in Shawnee with fields located in the northwest portion of the City. Several of the farm fields are located in the floodplain below Riverview, Crimson Ridge, and Greenview Ridge subdivisions, as well as surrounding Wilder. Staff did note occasional odors during this process, and identified odors coming from the spread sludge. The Wastewater District completed their work on December 22, 2015.

The Kansas City area including Shawnee experienced heavy rainfall events on a regular basis between April and July, 2015. Cumulatively, the rainfall received in 2015 was the eighteenth highest since 1889 according to the National Weather Service. Normal area rainfall is 38.86 inches and 46.59 inches fell during the past year. These amounts are indicative of the rainfall in the Kansas City area, and actual rainfall amounts at the landfill site may have been more or less than received at the reporting station. Landfilling activities are a year round operation and continue through all weather conditions. The face of the landfill (where solid waste is placed when arriving at the landfill), is open air, and a cover is applied daily. The cover material placed at the Johnson County Landfill is shale from the site. Deffenbaugh officials have noted during wet weather, the newly placed waste is wet, and the cover material is also wet. As waste becomes compacted day after day, the waste remains wet, and the decomposition process speeds up. The leachate created (water that flows from the waste to the bottom of the landfill) is greater since dry waste has not been placed over the face and the cover material is also saturated and does not provide the dry cover that usually can be provided. As the decomposition of the waste material occurs landfill gas is produced and finds its way to the surface, thus creating the methane type odor that can come from the landfill. During this period of wet weather, tarps were also used to assist in covering the face to potentially reduce the odor. Continued efforts by Deffenbaugh to control the odor were not successful and heavy odors continued to come from the landfill site.

The location of the complaints varied with the direction of primary winds, and odors persisted from the working face of the landfill. Even when old portions of the landfill are capped, the waste continues to produce landfill gasses. Throughout the completed portions of the landfill there are a series of gas collection systems. These systems carry the gas to the gas recovery station or to flares that have been placed on the site. Gas that does not go through the recovery station is burned off by the flares.

In an attempt to continue to evaluate any other potential source of odor from the landfill, inspectors from the Kansas Department of Health and Environment and employees of the landfill in November, 2015, found two locations where landfill gas was escaping to the surface. In an attempt to resolve that issue, and successfully manage the odor, Deffenbaugh applied for an emergency permit to construct an additional gas collection system and route the pipe to a temporary flare. Approvals were received and the temporary flare was installed. While that solution was able to reduce the odor from that location, the odor from the face of the landfill continued even with the permitting of alternate methods of cover approved by KDHE such as composted material. Deffenbaugh staff also placed tarps over portions of the landfill face to provide a barrier between the debris and open air. Additionally, Deffenbaugh made application to the Bureau of Air to allow an increased pressure flow from the gas collection system to the gas recovery system and flares to pull additional gas through the system above the established approved threshold.

Without special permitting, the gas collection system in landfilling cells are installed no earlier than five years after landfilling activity occurs. At the average decomposition rate, landfill gases are manageable using compaction and cover methods, and the pipe can be installed at a level relative to the depth of the overall cell to efficiently collect the gas and take it to a flare to burn off. In December, Deffenbaugh made application to the Kansas Department of Health and Environment and the Kansas Bureau of Air to install the landfill gas recovery system and an additional flare earlier than the prescribed time which would have been in the fall of 2016. The request was hand delivered to the Bureau of Air in hopes of expediting permit approval.

Working with the Kansas Department of Health and Environment, in early January, gas well plan view drawings were submitted to the Kansas Department of Health and Environment for the abovementioned landfill gas recovery system. An expedited approval was granted on January 12, 2016 to install the gas controls that were not yet subject to be installed until the fall of 2016. The Bureau of Air approved the construction of the gas recovery system and use of the open flare as a measure to control odor. Deffenbaugh is required to demonstrate the flares compliance prior to the November 2016 date that this system would have been required to be installed. On January 13th, 2016 drilling started for the new landfill gas wells, and construction of the gas recovery transmission lines. As of February 12, 2016, all thirty-two new gas extraction collection wells had been installed. The lateral construction header piping has been connected to 20 of these wells. It is anticipated that all the wells connected to the landfill gas system will be under vacuum to the flare by February 26th. On January 30, 2016 the new flare was lit and began pulling landfill gas from the current cell. While this should significantly decrease the odor being emitted from this cell. It is expected that odors will still come from the landfill during construction of the entire well system as trenching for the wells and collection lines will continue until the project is complete. The City will continue to monitor odor complaints and discuss with KDHE and Deffenbaugh the need to take additional action should the new landfill gas collection system and flare in this cell not achieve the desired results. Enhanced use of essential oils or other odor masking agents will continue to be used minimize landfill gas odors from the site.

Deffenbaugh Industries is responsible for the removal of litter blowing from inside the landfill as well as from haulers from streets adjacent to the landfill. Periodic cleanup activities occur along I-435 between Johnson Drive and Holliday Drive. This tends to be the area where most trash and debris congregates due to the proximity of the landfill and the off ramps used to access the landfill operation. The City of Shawnee contracts for cleanup operations along I-435 between just south of Midland Drive to just north of Johnson Drive. The Kansas Department of Transportation is responsible for mowing between the lanes of I-435.

Generally, the litter removal operations have been completed in a timely manner. Recently, even when staff calls to request a general cleanup of the litter, response time has been slow. Periodic inspections by staff have indicated litter and debris has not been removed. Litter control along I-435 is a cumbersome task given the traffic along the highway and littering that occurs from passing automobiles on a daily basis. Staff will recommend submission of a mutually agreeable timetable for litter management to assure timely completion of this activity.

During the first eighteen months of this review cycle Deffenbaugh staff and the City of Shawnee had frequent, on-going, and relevant communication with each other. When activities at the landfill were going to be undertaken, Deffenbaugh proactively notified city staff to enable staff to be aware of the potential for an uptick in odors and what was the cause. Recently, that communication became ineffective until the past few months when it became aware to Waste Management staff that concerns were not being addressed locally. Since mid-December communication between Deffenbaugh and the City has improved, with consistent contact regarding activities undertaken with KDHE and the Kansas Bureau of Air regarding odor management. At the suggestion of City staff, Deffenbaugh has updated their website to include a tab for information regarding activities being undertaken at the landfill to address the management of odors at the site.

Provision of submittals to the Kansas Department of Health and Environment have continued to be good regarding copies of semi-annual reports to the Kansas Department of Health and Environment. However, when an application was made to begin excavation activities in the northern end of future Phase VI, the City did not receive notification. Our notice came from the county. Immediately upon request of the application by City staff to Deffenbaugh, a copy of the application was received. Deffenbaugh staff was reminded of the condition to provide all such applications and correspondence to the City, as a means to adequately be kept aware of internal activity at the landfill.

In the past, the City of Shawnee received correspondence from Deffenbaugh regarding the investigation of odor or other complaints that were received through the system. The level of correspondence declined, and often the result of the investigation of the complaint was not sent to the City. Often, concerns are received after hours, and there is a reliance on Deffenbaugh staff to provide verification of the odor complaints. Complaints are received either through the City’s odor hotline, the city’s Customer Service Request web based complaint system or our See Click Fix mobile application. Several Deffenbaugh, Waste Management, and KDHE employees also receive the notification when the concerns are entered into these systems. To provide better tracking for identification of the source of odor concerns, Deffenbaugh recently installed a weather station near the tower at a high point on the property. This weather station will enable a time specific generated wind, temperature and atmospheric pressure reading to match the time the concern was entered into the system. A discussion with Kansas Department of Health and Environment staff has suggested that a mutually agreeable procedure be established to provide information regarding the handling of the concern.

Finally, communication with City staff diminished regarding other operations being undertaken at the landfill that may cause an increase in odor. In the past the City was notified of upcoming turning and work at the compost area, the shut-down of the flare and other associated activity at the gas recovery plant, drilling of additional gas collection wells, etc. While these activities may seem routine, communication alerts the City of upcoming activities so we can provide some assistance to respond the public.

The City’s legal staff has prepared an agreement between Deffenbaugh Industries and the City of Shawnee to address issues currently facing the operation of the landfill. The items in the agreement include preparation of a three year odor management plan, a litter control plan, an odor complaint procedure plan, and compliance with the pollution prevention plan. The applicant has indicated they may rather have the conditions of approval modified as opposed to being in a separate agreement. Prior to the proposed review in three months, the applicant, the Kansas Department of Health and Environment, and staff will work to prepare either a set of revised conditions, or prepare an agreement regarding the aforementioned items.

Staff recommends extension of SUP-13-08-10, a special use permit to operate a solid waste municipal landfill at the southwest corner of I-435 and Holliday Drive, with a review in three (3) months. During that time, the applicant, the Kansas Department of Health and Environment, and city staff will prepare either modified conditions of approval or prepare an agreement regarding a three year odor management plan, a litter control plan, an odor complaint procedure plan, and compliance with the pollution prevention plan. Below is a list of the existing conditions of approval. As can be noted, many of the conditions were one-time items that have been completed, such as the annexation of the property, vacation of Locust, creation of a benefit district and improvement of Holliday Drive. These are conditions Number 2, 10, 18, 19, 34, and 35. The following is a listing of the conditions of approval for the special use permit:


That concludes staff’s presentation.

CHAIRMAN BOGINA: Thank you, Paul. Is the applicant present?

APPLICANT: Good evening Mr. Chairman, members of the Commission, my name is Curtis Holland, I am an attorney and counsel for Deffenbaugh Industries, Inc. I want to thank Paul for his presentation in the staff report I thought it was very thorough. As you know, there were some issues used in the report and some challenges that we intend to address tonight; we have a team with us tonight and would like to introduce just a couple members of our team; with Deffenbaugh Industries, first I’d like to introduce to you Jim Murray, Dale Hoekstra, Paul Howe, and Kent Harold; we have a brief PowerPoint presentation that Jim Murray and Dale Hoekstra will go over some of the items in more detail, some of the things that Paul addressed, but any members of our team are here to respond to any questions or issues that you may have for us and to the extent that the public has comments or issues we can address those that would like to address those at the appropriate time. So, with that I’ll turn it over to Jim Murray and again Morgan have a brief PowerPoint presentation, thank you.

CHAIRMAN BOGINA: Thank you.

MR. MURRRAY: Thank you Mr. Holland. Mr. Chairman and members of the Planning Commission…

CHAIRMAN BOGINA: Mr. Murray, could you give us your address please?

MR. MURRRAY: Yes, address is 2601 Midwest Dr., Kansas City, Kansas.

CHAIRMAN BOGINA: Thank you.

MR. MURRRAY: You bet. We appreciate the opportunity to come before you and address some of the issues that Paul has brought up and also give a quick review of the status of the operations and with that… As I said I’m Jim Murray, I’m the senior district manager for the Johnson County landfill and I have 40 years of experience in the construction, landfill, quarrying business; 37 of those have been here in Kansas City and 13 have been with Deffenbaugh Industries; and first, I just like to say that we apologize for the odor situation, which the recent odor situation that has occurred due to the recent heavy rains that we experienced in 2015 and we believe we’ve got a plan to correct those situations that have caused it and we will go through that plan and hopefully it will satisfy everybody on the Commission. Just a quick review of our operations as Paul had stated for 2014 we accepted about 1.3 million tons of waste into the facility also in 2014 we constructed this cell that we are presently accepting waste into right now and it’s our active area; in 2015 we accepted a little bit over 1.3 million tons which was a little bit off of where we were in 2014, but it still roughly 5000 tons a day is what we take into the site. Briefly, just looking at this slide in the depiction of where the landfill is situated I just want to quickly point out, which I’m sure all the members realize the growth of the community surrounding the landfill to the west going to K7, all the homes that have grown in that area south of the landfill to Shawnee Mission Parkway into the east of us as well and Lake Quivira and that section of Shawnee as well. Focusing in on the landfill itself, just want to point out where we’re bounded at the north by Holliday Drive, east 435, to the south Johnson Drive, on the west side the ballparks, and to the northwest the Millcreek sewer plant. This is a depiction of the property boundaries for the Johnson County landfill, we own 850 acres at the site; within that 850 acres the landfill footprint is about 450 acres; within the 450 acres in the blue shaded area is the area of the landfill that we are presently filling right now and the yellow shaded area is the active working area; this is the cell that we constructed and developed in 2014 and are actively filling; the blue shaded area, as Paul had mentioned, will be there until about 2020; after that the western portion of the property, the phase 6 expansion that we went through in ‘06 is the area that is highlighted in pinkish color and this is where the bulk of the landfilling operations will continue until the end of the SUP in 2043. Just real briefly, looking at the active area that’s highlighted in yellow this is the area that is accepting waste right now and just to the southeast of it is the previous cell that we built in 2011 and filled in 2012 through 2014 and portion of the landfill is quite a bit higher in elevation; the active area is much lower and what I’d like for you to do is kind of pay attention to the two white buildings at the top of the slide, those are two maintenance facilities and I’ve got a couple of aerial photographs, you can kind of use those as reference as we move forward; as you can see, those two white buildings in the background and down just below that, this picture was taken when we were constructing the active cell that we are working in right now and you can see the depth of that area that we dug down, excavated the rock and the shale out of and the slopes, the black liner coming in from the left side of the picture and then also on the right side, the slope going up to the previous cell that we filled in 2012 through 2014, so it’s a pretty deep hole and bowl that we are operating in and we started putting waste into that area in January 2015, so we’ve been there just a little over a year; this is a picture of the area as it exists today, you can see the two white maintenance facilities in the background and the active area where you see the equipment dumping trash and compacting the trash, on the right-hand side you can see the slope going up to the previous cell, so you know, this area is a bowl and with the record rainfalls that we received in 2015 from April to August, a lot of rain fell into this area and we’ll address that as we move forward into our presentation as well; but, I’d like to just give a brief history of Deffenbaugh in the site, the Johnson County landfill has been accepting waste since 1950’s at this site, Ron Deffenbaugh started his company in the mid-60s and purchased a piece of property out on that site that was an existing landfill and he accumulated more property as he moved through the years to amass the 850 acres that we have out there right now and Ron Deffenbaugh sold his company at the end of 07 to a private equity company, the private equity company ran the company, owned the stock until March of 15, at that time Waste Management came in and bought 100% of the stock and has full control of the company now and from my perspective having worked for Ron Deffenbaugh in the private equity and now Waste Management, I can say that having Waste Management coming into the Johnson County landfill has really impacted us dramatically, the idea that with them coming in they were true waste professionals, they bring in a lot of expertise with them with all of the landfills that they manage, own, and operate throughout the country and as a part of that they almost right off the bat invested $7 million in heavy equipment in the landfill and also with key facility upgrades and that was something that’s really helped us out a lot at the landfill along with that they bring a very strong commitment to the compliance side of the business and also the environmental stewardship and in my opinion from what they bring the commitment and the resources that we believe will fix the odor problems that we’ve experienced due to the record rainfall that we had in 2015 and with that I’d like to introduce Dale Hoekstra to explain our plans as we move forward.

CHAIRMAN BOGINA: Thank you.

MR. HOEKSTRA: Thank you, Jim. Mr. Commissioner and members of the Commission, thank you for this opportunity for us to speak to you tonight. I’d like to address in more detail the odor issue that we’ve experienced in the steps that we have taken to resolve that. But, before I begin, let me talk to you little bit about my background; as Jim said, my name is Dale Hoekstra and my address is also 2601 Midwest Dr., that’s my business address and my title is director of operations for the Illinois-Missouri Valley market area. That market area covers five states that within five state area I oversee a number of landfills and transfer stations as part of my responsibility. Jim and I work very closely together on this particular operation, the Johnson County landfill, and I have a lot of experience in the landfill business; I’ve been working for Waste Management for 39 years; I grew up in the landfill business and I’ve spent my entire career in landfills from operating them, constructing them, and expanding them in different areas of the market area. This particular situation that we are dealing with Johnson County is not new to me, I seen this occur in one other location during my career and that was at a landfill in Illinois; very similar situation to this particular situation that we’re talking about tonight; and 80 foot deep fill, very deep; record rainfalls 2008 in Illinois; a very isolated cell construction; very similar to this; and we dealt with that issue the same way that were dealing with it here that is to put in a gas collection system, and extensive gas collection system and in that case we were successful in the facility continues to coexist with the community around the and has no impact on the community; so, we know that this works and let’s get into the detail of the situation or talking about here and I’d like to take you back to this photograph that Jim has already talked about and I want to just talk about this briefly because I think it’s important to discuss the depth of this cell construction which Jim had pointed out is 70 feet deep in the slopes around this particular cell are very long and the areas around it are much higher in elevation than the cell itself and so there’s great potential for rain water infiltration into this area; that’s not to say that we don’t take steps to try to eliminate some of that rainwater infiltration; we do cover the waste on a daily basis; we do build berms on our slopes to try to divert rainwater away from her active areas; that’s a common practice in the landfill management business; but frankly, with the record rainfalls that we saw occur at this facility in 2015 it was impossible to keep all of that rain off of us. What does that have to do with anything that were talking about? Well, the way that waste decomposes is it takes moisture in the waste mast for it to decompose and the more moisture that you have the faster that decomposition process is going to occur; so, with the amount of rainfall that entered into this area, the voice was being deposited and Deffenbaugh started depositing the waste material in January 2015 in a cell, Waste Management came in in March and we saw a record rainfalls hit the area; and so the waste material became supersaturated and when that happens the, it really kick starts that process and it activates the decomposition of the waste and what happens when waste decomposes is it produces landfill gas; that is the source of the odor issue that we were dealing with. So, let’s take a look at rainfall in 2015. This bar-graph that we put together, just to look at the spikes of rain that occurred, rainfall events that occurred during 2015; the clear bar is the average rainfall in the dark blue one is representative of the rainfall that we saw at the site; you can see that we are pretty normal through January into March, April is fairly normal again, but may we saw big rainfall of over 12 inches, June fairly normal again, but then in July another big spike and on into September and then you can see November and December; so, the area that I’d like you to focus on his April through August where the site took on 34 inches of rain; that’s 15 inches higher than normal; a lot of that rain came in big chunks and really impacted the operation and the facility took on a lot of that moisture into the waste area where we were depositing the trash on a daily basis; you can see the annual averages in totals on the bottom of the graph. Let’s talk about odor complaints because that’s why we’re here, to talk about this issue, we put together this graph as well for your information; the yellow is indicative of all of the odor complaints that were registered through the city of Shawnee system in the green ones represent those that we have verified as being associated with the landfill operation; we know that based on when direction and the location of the call on any particular day in which it was registered; so, you can see from March when we began to record these and graph these out we were fairly flat, April had a little uptick, it drops again, June spikes a little bit, July it drops back down, Augustine September hardly any at all, then we begin to see in October it had picked up a little bit more, in December a big uptick in odor complaints, a lot of that came towards the end of December and that’s when we began to realize in the late November area that we began to recognize that we had some landfill gas odor issues that we needed to deal with; and so the chart goes on into January and February and you can see the drop in January from the December complaints and again even more so in February and it’s continued to drop as we’ve installed the system that I’ll get into a little bit further. As Paul Chaffee mentioned in his report, there are other odor areas that operations that to create odors in the area and the red bar is indicative of the Johnson County wastewater treatment plant sludge land application from September to December 22; not saying that that was the problem; we recognize we do have an odor issue and we are taking steps to resolve that; it simply to point out that there are other things in the area that can create odor issues as well. So, let’s take a look at an event chart as to what happened and what did we do; again we see the rainfall 15 inches above normal during the April to August time period; on December 3, late November, we recognized we’re beginning to pick up on the odor we are having at the landfill and we knew we needed to take some steps; one of the very first areas we recognized we had odors as Paul mentioned in his report, was the leachate collection system which is a rock layer that comes up the side walls of our cell was allowing landfill gas to escape from the active area and we had some piping in that area going into the leachate collection system, we knew we could tie that passive flair so he applied for, to KDHE to install that passive flair. What’s a passive flair? It’s a flair that is simply, it has the gas coming to it, there’s no vacuum that we are placing on the system to pull the gas to the flair so it’s just naturally flowing through pipe to a flair where we light it and burn it off into the atmosphere. We applied for it on December 3 and on December 12 we received a passive flair permit; we installed it at the same time we began to design a much more comprehensive gas collection system that we knew was necessary to resolve this issue; the passive flair we recognized was just a temporary control of one source of the odor. On December 21 in advance of the installation of the gas system we ordered an active flair that’s much larger; it’s a large capacity, 2100 ft.³ per minute gas can flow through this flair; we can place the, we can place a vacuum on the entire gas collection system, pulling the gas out of the cell to the flair and effectively manage it that way; that flair was ordered on December 21 in advance of the installation of the system. On January 7, myself and other members of our team that are here tonight met with KDHE to discuss our gas collection system, the design, and we hand-delivered the permit application at the time, at that time and we walked KDHE through how we intended to resolve this issue and what our plan look like and they were very cooperative and agreed to accelerate the permit review which they did; so, on January 12 KDHE approved the collection system application and we were ready to go with construction. We anticipated a quick turnaround and had crews on-site ready to go and on January 13, the very next day, we began installation of this gas collection system. Normally it would take us 5 to 6 months to do this type of work but we had two crews that we brought into the site, third-party contractors with their equipment to install the system at a very, very quickly as we understood the importance of it. I wanted to point out that this equipment is not easily attainable; it doesn’t exist at every rental fleet lots throughout the nation; it’s specialized equipment; there isn’t a lot of companies throughout the country that do this type of work; fortunately for us we had a third-party contractor working at a landfill in Illinois, we remove them from that job, brought them to Johnson County landfill as we understood the importance of getting this in quickly. So, on January 30 the flair had already arrived at the site days before, we were able to tie in the first section of the gas collection system to the active flair and putting that portion of the system under a vacuum. We believe that we saw an immediate impact on the odors as a result of that first and where we are today. So, as of today, February 17 we have 32 wells installed; we have 23 of those wells connected to our flair and we are pulling gas actively to that flair through a vacuum on the system; we’ve installed over 10,000 feet of pipe line and by this weekend we intend to have all 32 wells online and will be actively pulling on the entire system. As Paul mentioned, we previously had a gas collection system here, I didn’t want anyone in the room to think that landfill was existing without a gas collection system prior to this installation, it’s quite extensive as you can see from this map, it shows the well system in place at the landfill that is going to a BTU plant, they are pulling that gas to their plant, scrubbing the gas and producing this pipeline quality gas that Paul talked about; that is used to heat over 6000 homes; that plant also has a flair just in case that plant were to go down for any reason or there is more gas than they can pull and manage through their plant, they can simply flair that off, so there’s 331,000 associated pipe that they are managing. So, what did we install? The red area is what we installed; you can see all of the wells I talked about; the 32 wells and the associated piping; the new active flair is noted in the bright green and that is the system that we now have in place in our active area and the area adjacent to it. This is just a picture of the drill rig that we bring in to drill these vertical wells; so this rig is specialized, he goes deep down to the waste; we want to get deep down that old waste material to be able to pull that methane gas from the deeper portions of the site; it pulls out the trash and leaves us a whole; we drop some pipeline down there that is slotted or perforated and here you can see this pipeline, it’s 8 inch HDPE pipeline that is slotted or perforated so we can pull the gas through that particular well; and this is how a lateral or header pipe looks; , in the middle of the photograph where the white cap is a vertical well that the rig drilled deep into the trash, this pipeline that’s running horizontally adjacent to it is a header pipe, that’s a 12 inch line that is gonna tie into that well so that we can bring that gas to the flair; and so this is what a wellhead looks like here in this photograph, you see two of them, so the wells are vertically down into the trash; you’ve got the orange hose that goes to another piece of pipe that runs to the header pipe and then that goes to the flair; each one of those wells has the control valve on it so we can control how much gas is flowing to the flair from each individual well. Lastly, this is a photograph of the active flair that we have installed for this particular portion of the system and it is actively managing the gas that we have tied on as of this point in time, so… Just wanted to say that we are committed to resolving this issue; we believe these are the right steps for us to ensure that this is resolved; we have seen a drop in the odor complaints in the last couple of weeks as a result of bringing the system on-line; and we are committed to taking any further steps that may be necessary as we move forward and cooperating with the city of Shawnee on this issue. Thank you for your time this evening and if there are any questions Jim and I would be happy to try and answer them.

CHAIRMAN BOGINA: Thank you.

MR. HOLLAND: Yeah, that would conclude our presentation, unless you have any specific questions for Jim or Dale or anybody else on our team. We are here and ready to answer any questions. Thank you.

CHAIRMAN BOGINA: Have you read the staff report?

MR. HOLLAND: Yes, sir we have.

CHAIRMAN BOGINA: Are you in agreement with the staff’s recommendations?

MR. HOLLAND: We are in agreement with staff recommendations, there, as Paul mentioned, there’s some… a side agreement if you will or a draft of an agreement that we were given just Thursday and so we had started to go through that. We feel like we can work through that and come back to you when it’s appropriate to discuss having those approved as part of the review. I’m not sure when that would take place, if we come back in three months if that’s what we’re doing, I guess we do have a question about that, but maybe Paul could clarify part of it; but, we’ve been working with staff very well on this, we’ve been communicating with them better over the last few months and we feel like will be able to put something together. So, yes we are in agreement with the stipulations as they are presented in the report here and we hope to work through the additional language as we move forward.

CHAIRMAN BOGINA: Thank you. Does the Commission have any questions for the staff or the applicant? Commissioner Hill.

COMMISSIONER HILL: So, when you install the gas wells, under normal conditions and you are developing a new area to start a landfill, at what point do the gas wells get put in as part of the process?

MR. HOEKSTRA: That’s a good question. Typically, under normal conditions you would install gas for probably 3 to 5 years, depending on the maturity of that waste and the type of material that has been buried in cell. But because of the high moisture content in this cell, it happened very quickly and as you can see we’ve only been there for, at the time that we began to design the system, under a year; and so, the normal time period would be 3 to 5 years; in fact the area adjacent to the active cell was getting ready to have a well field installed to it in the fall and we just went ahead and accelerated that as long as we were doing all of this work. Hopefully that answers your question.

COMMISSIONER HILL: Well, it does, except for, you know, as the process was developed and you are moving forward with, is there a monitoring process? Are you monitoring the amount of moisture content in the ground? Is there a scale that you use to typically tell you that, hey, the moisture content is getting much higher than we anticipated and we need to move forward quicker with collection wells? Or, I mean, is there a science around that?

MR. HOEKSTRA: There really isn’t an exact science around the hat and, you know, you take steps to try to eliminate as much moisture infiltration that might naturally occur into your active area on a daily basis and you cannot really predict how quickly the waste mass is going to produce this methane gas. So, it’s a very difficult thing to do and that’s why it’s not easy to say that we’ll just jump ahead and beat it to the punch and make sure that it doesn’t happen again. There are steps that can be taken in future cells, we’ve already talked about those, it’s a Waste Management technique that we use a lot of our deep fills where we actually place more pipes in the leachate collection system, deep within the cell, and then as you’re laying waste in the area, add additional pipes that will then come out and exit out from underneath the waste and you’re pretty much prepared to tie that to a flair very quickly if you need to do so.

COMMISSIONER HILL: Thank you.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Question for the applicant. I’m curious if you could help me understand why there was such a breakdown in communication, the lapse trash pickup and the dirt streets, what’s been done to correct that and what assurances we can have that that won’t recur again in the future?

MR. MURRAY: We, I don’t know that I can really tell you why there was a breakdown in the communication side, we are going through a transition period with Waste coming in and by the company and where trying to get acclimated to all of their systems and I guess that’s kind of a poor excuse, but we’ve corrected that now. Our plan moving forward is we have crews out there weekly cleaning the highway, we police it as well, and we are keeping a log of what we do out on the highway relative to the litter cleanup and we plan on using that procedure going forward.

COMMISSIONER BIENHOFF: And could you address the dirt on the street? I think there was some concern about the excessive dirt and mud on the streets.

MR. MURRAY: Yes, during that very wet period, as you can well imagine all the number of trucks that we have coming in and out of the landfill track mud and whatnot because we don’t have totally paved roads all the way to the working phase and so we track it out but the way that we are going to prevent that, we have two streets sweepers that we employ and we will use street sweepers weekly at the entrance and out onto Holliday Drive as we exit the property and if it gets real bad we will go out and hand clean it with shovels, which we’ve done in the past.

COMMISSIONER BIENHOFF: Thank you.

CHAIRMAN BOGINA: Mr. Murray, while you are there… Were you in the same position prior to the sale as you are today?

MR. MURRAY: In my position?

CHAIRMAN BOGINA: Yeah.

MR. MURRAY: Yes, sir.

CHAIRMAN BOGINA: So, were you not aware that in the 18 months of the special use permit that the city did require before all of these things that were not addressed during the six-month period after the sale of, to Waste Management?

MR. MURRAY: Yes, we were aware of it.

CHAIRMAN BOGINA: So then what is a better explanation of the lack of communication and the other items that are listed here besides that you will do better?

MR. MURRAY: Well, quite honestly we dropped the ball. We didn’t perform up to the level that the city was used to the way that we operated and I wish I had a better…

CHAIRMAN BOGINA: And I, we all appreciate that, but I noticed last summer that nobody was picking up the trash on 435 and if you, your company was responsible, it’s not being a good corporate citizen and you your self should have recognized that without the City reminding you.

MR. MURRAY: You are absolutely right, sir and…

CHAIRMAN BOGINA: Because that’s sloppy work out there. That there was so much trash some days it made the city look bad and all the things that you’ve done to correct it now, everybody recognized it but your company did not communicate well and there couldn’t have been that much transition of the people out there that they didn’t know what their typical jobs were every day; that you probably had someone employed to pick up trash on 435…did he just all of a sudden for a six-month period think that he didn’t have to do it anymore?

MR. MURRAY: Actually, we had a pretty big problem. We used temps out on the highway; we hire them from temp employment agencies and through the late summer and early fall we had just an absolute terrible time trying to get, hire temps, to come out and perform type of work. And, I know that’s an excuse as well, but we’ve improve that situation; we’ve switched temporary employment agencies and the one that we are using now can provide us help and that help can contribute to the, to our problems as well.

CHAIRMAN BOGINA: I’m not trying to bash…I was on the Planning Commission in 2001 when we created a special use permit and there were promises made about how Deffenbaugh was gonna cooperate and it seems like that just because there was a sale it’s seems like the emphasis on cooperation changed and it should…your promise tonight should be complete and we should not have the same problems ever again.

MR. MURRAY: That is correct.

CHAIRMAN BOGINA: Thank you. Does the Commission have any questions? Commissioner Busby.

COMMISSIONER BUSBY: Thank you, Mr. Chairman. For the technician, have a question. Since you’ve been through this experience with the excess rain in Illinois, and now that we’ve been through the excess rain here, are you really able to prevent this next time or can we consider that when we get extra rain that five months later we get the gas?

MR. HOEKSTRA: No actually, if we, let’s go back to a photograph here very quickly and talk about it because I think that’s a good question. First of all, if you look at this photo you can see how deep that cell was, right? And what does it look like today? Well, it’s much different; we’ve filled a portion of that; where much more up in the air; and we are continuing to add waste to that area so we have the ability to keep the rainfall off of us; there is a nearly as much slope that is going to contribute to that additional rainfall; and as I mentioned the other Commissioner, Commissioner Hill, in future cells, when we develop future cells, part of our design change that we would apply to KPHE would be to put these additional pipes in in these lower elevations so we have them there in advance and we can actually use the same flair and tie that into those pipelines in the future because the system will eventually be tied to the gas recovery facility (inaudible) plant that I spoke about and then we won’t need to be flaring that off because they will be managing this gas. There are steps that we can put in place to deal with this in future cells that are as deep as this one was, in addition because we are up much higher now and we don’t have this deep fill that was taking on all that rainwater; it does make a big difference.

COMMISSIONER BUSBY: Additional question.

MR. HOEKSTRA: Yes, sir.

COMMISSIONER BUSBY: When you move in to the other part of it, those are just deep aren’t they?

MR. HOEKSTRA: Yes, that’s what I was talking about…

COMMISSIONER BUSBY: Okay, right.

MR. HOEKSTRA: Future cells, Phase 6 that Mr. Murray spoke about, those are deep cells as well and it would be our intent as a company to use the design that Waste Management has employed in other locations and that’s to put the pipeline in; that gives us access to that deep gas very quickly and we can manage it that way; matter of fact, we can tie that into the, even to the BTU plant if we need to and have them begin to pull on it very quickly.

COMMISSIONER BUSBY: Thank you.

MR. HOEKSTRA: Yes.

COMMISSIONER BUSBY: Just an additional comment from me if you don’t mind. Waste Management has a lot of these plants and they are very good at what they do. As a matter of fact, they are the poster child in Livermore, California facility for landfill gas collection systems and honest to God, all I really want is do the same for us here because right now you are a detriment to the quality of life in Shawnee.

MR. HOEKSTRA: We understand that, sir and we plan to change that. Thank you.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I’d like to make a comment. My main beef with this whole thing is that the communication broke down, even though Mr. Murray and several other people that were with Deffenbaugh, you know, failed to do what they knew was right and what the city was expecting; and I mean, we had a real good relationship between the City and Deffenbaugh, okay, and we are expecting the same or better out of Waste Management and so far, you know, it’s not there yet.

MR. HOEKSTRA: I appreciate that comment and we do apologize for the lack of communication. As a matter of fact, since late last year we had accelerated our communication; we’ve met with every single Council member from the city of Shawnee, explained the situation to them and the steps that we are going to take to resolve it; we’ve updated our website so that you can get on our website and see the activities that are occurring at the site and what we’re doing to resolve this issue; we’ve met with the newspaper, this Shawnee Dispatch, and did an article with them so that they understood as well and he could get out to the greater community; in addition we took out an ad in the same paper and apologize for the situation to the local community; we’ve continued to update the Council members from the city of Shawnee, as well as KDHE, and the Johnson County officials on our progress on this project on a regular basis, every week as a matter of fact through email transmissions; so, we have made, I believe, drastic steps to improve that communication; we understand that it failed previously, but you have my commitment as a Waste Management representative that that will change; we do respect our relationship with you, we understand the importance of that; we have many relationships throughout this country where we have operations with local communities, just like we do here and we understand the importance of and you have my commitment that we are going to change.

CHAIRMAN BOGINA: Commissioner Hill.

COMMISSIONER HILL: Just a quick question for staff. What is the penalty process for noncompliance?

PLANNING DIRECTOR CHAFFEE: We have no… noncompliance regarding odor issues or the SWIP has to be done by KDHE; we can control mud that may be in the stormwater system and we do that just like we do a homebuilder or the builder of Village Co-op, we notify them of, there’s mud in the street and they need to get it cleaned up, usually get them a few days to do that, for the most part Deffenbaugh has been responsive; to that, there have been occasions that they said the work was done and we’ve gone out it doesn’t meet our satisfaction and we let them know that you need to go back out again to get it done; so, in a way they are responsive to what our code enforcement officials could go out and enforce; I think KDHE being concerned about the odor the day that we got seven odor complaints and it’s like, oh my gosh we really need to do something after we raised questions with them and sort of pounded away at the folks from Deffenbaugh; and I do want to take the time, Lisa Disbrow’s here, she is the regional manager or an area manager and one of her specialties is communication and I can let you know that since Lisa got involved, it has been much better, sometimes on a daily basis, sometimes on a weekly basis but we had some very frank discussions with her the first time that the local Deffenbaugh folks brought her in just to let her know that we’d been expressing her displeasure for quite some time and something needed to be done and perhaps something a little more on the website and we took a look at what was posted on the website we said we think that maybe you need to do a little more and make it a little more obvious so I think some of that has, will not some of it, a lot of it has come much better and for the Commissioners to know the former public relations person that we had with Deffenbaugh was someone who was very familiar even in their former position to staff and knew us well and just did a really, really, good job and at the beginning I’m not quite sure, and that person was released from Deffenbaugh and I’m not quite so sure that those who were left behind trying to do that job new everything that we were getting, although we kept saying why are we finding this out, we need to get it taken care of, and we just kept pounding away and obviously situation we have today’s much better. One comment about what to expect in three months, well the, when we have our review in three months well the gas collection system is expected to be done by the 26th, that’s going to give us about three months’ time to see if it worked and if it doesn’t work we will be back here talking about the situation; it gives us time to either complete agreements or complete some plans that we can bring back to the Planning Commission to let you know that this is what’s going to happen; at least two of them from the discussion I heard tonight are probably in pretty good shape, they just need to be formalized whether that takes on being a condition of approval, a modified condition of approval, or is it something that’s in a side agreement with the city of Shawnee and so I think that’s one of the other issues that what we have to pound out. So, that’s where we expect to be in three months. We expect to come back to you and say, you know, they’ve done the gas collection systems in the other three areas the landfill and it’s worked well, and it’s not to say that there are days that we have had odors in the past 25 years there, there’s certainly been those days but I will say probably the majority of those days that occurred we knew what was coming; we get a call saying that we are drilling through three more wells and because we drill into the trash you’re going to get the methane gas and it’s going to take us three days to get it drilled and get the pipe in, get it sealed, and go on and then we could relay to our residents what the issue was so I don’t think we have any reason to believe that Deffenbaugh and the folks over at KDHE are experts, they do this every day and I don’t think that we have any reason to believe that what’s finally happening isn’t going to work and I think that we have no reason to believe that were going to be of some real constructive discussions and come back to you and say so here is the plan for odor control, here’s the plan for how working to handle the complaints, here’s the plan to make sure that the pollution management system is in place and in this is the plan for later. I think it’s something that we can certainly be…accomplished or if it gets to the point where we have three of the four done then, you know, will set another date. I think we just wanted three months to give it a, give it time to see if it’s working and to make sure that the applicant understands that we are serious about getting this resolved and mending, you know, our bridges and I’m confident that in three months that I’ve been to be a pure with some good news for everyone.

COMMISSIONER HILL: Just a quick follow up, Paul. Do you think there is any value in the agreement of making sure that these lapses don’t occur in the future, that there is some kind of structure or some kind of exacting actions that will be undertaken?

PLANNING DIRECTOR CHAFFEE: Yes, that’s our goal to have all those issues (inaudible) presented in an agreement and, you know, quite frankly a lot of what we’ve done with Deffenbaugh over the last 35 years has not necessarily been a handshake deal or just discussions that we’ve had back and forth but you know we’ve never really had to have through the discussions were so good, the relationship was good, and their operations were good that we never really felt like a lot of things needed to be written. I think now an opportunity with, you know, Deffenbaugh becoming a subsidiary of another company that, you know, maybe it’s just in our best interest to get all of this formalized and in place in a better understanding of what we expect and what they expect from us also.

(Inaudible)

CHAIRMAN BOGINA: Commissioner Braley.

COMMISSIONER BRALEY: Yes, thank you Mr. Chairman. I have a question for the applicant concerning the flair and the BTU plant. Their capacity, where they are at now currently at their capacity, like at what level and then how quickly can those be scaled if additional gases like you are saying, you lay the pipe and you can quickly sort of attached to the current system, what is the capacity of the new system and the existing system?

MR. HOEKSTRA: Just so I understand your question, I think it’s, I think there’s two questions there. One is the capacity of the flair that we have installed, is that correct?

COMMISSIONER BRALEY: Right, correct.

MR. HOEKSTRA: So, it has the capacity for 2100 ft.³ per minute of landfill gas, and I know that’s a little difficult to kind of figure out what does that mean…currently the system is pulling between 600-700 CFM (cubic feet per minute) to the flair, so we’ve got 20 wells or whatever I think we have out there online already, 22 wells, 23 wells online and we are roughly at 700 CFM, so were not even close to the full capacity of that flair. Now, we know that as we get the rest of these wells online and we began to increase the vacuum we think we’re going to be approaching that 2100 CFM but that’s why we ordered that flair of that size. Flair’s come in different sizes and we ordered a 2100 CFM flair we felt that was sufficient; now there are things that we can do to increase its capacity; there’s different technologies that you can add to a flare to increase it if we need to and we can do that. With respect to the high BTU plant, the plant itself is already at its capacity and that’s one of the conversations that we intend to have with the third-party contractor that operates that plant; this is a pre-existing system that Waste Management is coming into as part of the acquisition where you’ve got a third party contractor operating the plant and managing a portion of the well field; as I said, the plant is at capacity, they have a flair that can manage 9600 ft.³ per minute, that flair is nowhere near its capacity and is set up to manage the full anticipated flow of gas from the landfill should the plant ever go down; but, from Waste Management’s perspective it is always our preference as Commissioner Busby mentioned to be the operators of the plant and managed the well field; we have meetings set up with the third-party contractor for later on in March, were going to begin to have those conversations, what are your plans with the company to upgrade your plant to upsize it to handle the gas that we have and anticipate to have in the future at this facility and so right now they’ve got a contract for that gas is up to them to make those changes and if they decide that they don’t want to do that then we are ready to step in and build the plant ourselves and manage the gas on our own; that’s what we too, we’re the pioneers of this technology, we are the first ones to do it, back in the early 80s we partnered with Caterpillar and built one of our first gas recovery facilities at that time and we’ve been doing it ever since; so, we are very familiar with this kind of technology and we have the expertise to do it.

COMMISSIONER BRALEY: Thank you.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, for the applicant, just a comment. I appreciate the background, the presentation, that was very informative and I now have a much better understanding and appreciation for the challenges that you go through and what you are doing to correct them. I am curious how the, that was a great snapshot on the complaints, curious how those complaints in 2015 where they spiked how they compare to previous years; and also what you are doing as you recognize these things you have more experience to begin remediation’s earlier in the process as you see the spikes come up; and I know you mentioned laying additional pipes throughout earlier in the process but just making sure to monitor that on a regular basis so you can take action before it gets out of hand.

MR. HOEKSTRA: Yeah, unfortunately, I do, thank you for those questions, unfortunately I don’t have the 2014 data to be able to compare it to, I don’t know, Jim if you have an idea how we compare 2014? Paul maybe has that information and can answer that question. With respect to, you know, future processes that we have in place, as I mentioned earlier in future cells that we know are of this depth in there are going to be some we have the ability to place lines deep within those cells to be able to pull this methane gas at a much quicker pace. One of the other things that Waste Management does as it plans and develops landfills, we have regular meetings in which we talk about the future needs of our gas recovery system; so we have five year plan plans that we put together, they’re not necessarily really comprehensive but they are somewhat in a draft form and we anticipate the well fields extensions that we may need, and this is a unique situation here at Johnson County landfill because you have a third-party plant operator that is actually supposed to be installing the well field system and managing the gas and again this is all part of that comprehensive conversation that we need to have with them but clearly we do have the ability as we’ve done here to put system in, we feel it’s necessary and within our rights under the contract and that’s why we didn’t hear and we will do that in the future if necessary. So, we do look forward into our operations, quite far out into the future so that we can anticipate what may be needed to operate the landfill as far as capital cost and systems that may need to be installed and that includes any gas recovery systems that we may need to put in place. So, we had the expertise and the crews we can call on to assist us in this area; we actually have gas plant operation managers who manage all of our landfills from a gas recovery standpoint and it’s their job to assist us in planning.

COMMISSIONER BIENHOFF: Thank you.

CHAIRMAN BOGINA: Commissioner Wise.

COMMISSIONER WISE: One question that I haven’t heard discussed is, and I think this is more of a short-term resolution to the odors, but essential oils, neutralization agents and things like that and I assume that those are things that you can do in the meantime; obviously gas lines can only be laid so fast, it’s not an immediate step, that there would be things like that for a shorter-term that would be able to work quickly and address it at least in the short term so I assume that is still part of your plan as well as use those, what I’ll call shorter-term solutions rather than just long-term solutions, correct?

MR. HOEKSTRA: Yes and, you are exactly right, and we have been applying the odor neutralizer’s on a regular basis not only throughout this project but even during a normal active day but during the course of the installation of this system you can see a spike in odors as a result of digging into the trash and you’re gonna have a lot of methane gas coming through the trash as we dig into it; that should die down obviously after we get all of that work done in the system online but we will continue to use those odor neutralizer’s going forward.

COMMISSIONER WISE: Thank you.

CHAIRMAN BOGINA: Paul, did you have something?

PLANNING DIRECTOR CHAFFEE: In response to Commissioner Bienhoff’s…in 2012, the numbers I’m gonna give you are total odor complaints regardless of what their source may have been; so, in 2012 we had 44 complaints through our system which at the time was the hot line or CSR’s; we had 30 in 2013; we had 42 in 2014; we had 41 through October 2015; and also coinciding with October 15 we do SeeClickFix, which is the mobile app that you don’t have to go home and make a call or go home to your computer to enter something, you can do it on the spot; we had 127 in November and December; and then in January there were 61; in February 17.

CHAIRMAN BOGINA: Thank you. Is there anyone from the public that wishes to speak on this item? Yes, sir. If you could give us your name and address please.

PUBLIC COMMENT: Thank you. My name is Jeff Arnold and I live on 48th St. in fact, the first map that we had, you could see my house on that map.

CHAIRMAN BOGINA: And the street number would be?

MR. ARNOLD: (Address omitted from record). Sorry about that, on 48th Street. So, I appreciate your attention towards the odor and the gas odor; and that’s not why I really want to talk to you tonight. I have two other things that I would like to talk about. The first one, would be the trash pickup on 435, I appreciate your discussion with Deffenbaugh in this meeting and everything however I don’t think what I heard was that there was going to be a weekly trash pickup. Now, I look at a corporate citizen and corporate neighbor to overachieve on picking up trash they put into public areas and not just meet in expectation. I would tell you they picked up trash a little over a week ago and I drove past there today and I have some pictures on my phone, trash is everywhere, mud is everywhere, the dust is everywhere today. So I think that we need, I would like the Commission to pressure them a little bit more to do a little bit more pickup, I would even suggest a daily pickup quite frankly because if you ever drive down there, you’ll see that as you drive down there on any day you can see a lot of trash. Second thing, I would like for you to know, as we receive guests in our neighborhood their GPS units, everybody uses GPS now, it takes them right past the dump. They don’t take them down Johnson Drive, they take them right past the dump and you wouldn’t believe how many questions we get. Now, we really haven’t gotten odor smells, quite frankly which is surprising, but the trash is really pretty bad. The second thing, I think I would like to ask is the visibility of the landfill itself…on the front side facing 430 side you’ll look at the, I don’t know what you call it, the ramp as it goes up to the rim…

STAFF: The berm.

MR. ARNOLD: The berm, okay, there you go…so as it goes up the berm you’ll see that there is grass, and there’s shrubs, there’s trees, you go on the other side and what we all see in its blank and its dirt and it’s dirty. So…

UNKNOWN SPEAKER: Which side?

MR. ARNOLD: …on the west side. Yeah, the whole west side, like if you look at my street, I could see straight into the landfill. I don’t really have a big issue with the landfill being there, I bought a house there five years ago, I really haven’t had a problem with it, except looking at it until the past six months as well as Holliday Drive. So, I would suggest that we find a way to beautify that berm, maybe I mean try, trees are fairly cheap, I mean they can be…along the one side that faces Mr. Deffenbaugh’s mansion, there’s evergreens all the way across the top and they stop on both sides…so, I suggest we take a look at trying to beautify the west berm because that would help us tremendously as well.

CHAIRMAN BOGINA: Thank you. We would be in Commission Discussion. Commissioner Hill.

COMISSIONER HILL: As we look at this thing we touched on it briefly with Paul here just a minute ago, you know, I’m just really concerned that we need to make sure that we got structure in place to address the behaviors and, you know, when they don’t meet expectations something that happens more swiftly than what’s happened in this situation. So, as we move forward if we get into some kind of conditions for approval, I’d like to see that included.

CHAIRMAN BOGINA: Thank you. Commissioner Wise.

COMISSIONER WISE: One suggestion might be, Paul, is that rather than waiting three months, maybe in a month or two months you could just provide an update, maybe not a full presentation but just give us an update and let us know, since obviously there are a lot of issues here and it’s not just the odor, but these others and then at least then we might know, you know, that progress is being made.

CHAIRMAN BOGINA: Thank you. Commissioner Busby.

COMISSIONER BUSBY: Thank you, Mr. Chairman. One thing I will say is, it doesn’t take long searching information to find out that Waste Management is incredibly good at what they do. They are the leaders and a big part of this and you know what, I, we give them three months, I think we’ll see that the things we are demanding need to be approved, will be approved, improved and I’ll be happy for that and everybody else that lives closest thing will be too.

CHAIRMAN BOGINA: Thank you. Commissioner Bienhoff.

COMISSIONER BIENHOFF: Yes, I think I would like to see perhaps maybe the City and Waste Management work towards beautifying the west side, see if there is anything that could be worked into the future that make sense and also may be an improvement trash pickup, again I think again tonight’s presentation was very informative, I have a much better appreciation; and to Commissioner Busby’s point, they generally do a very good job and over the years that I’ve been involved on the Commission, they’ve done a very good job as well and I’m confident that they will put the right resources to get the City back the improved coexistence that had previously.

CHAIRMAN BOGINA: Commissioner Smith.

COMISSIONER SMITH: Mr. Chairman, thank you. Surely the applicant came here this evening expecting to be beat up and you were, you deserved it, the good news is that, you know, we do have an operator who acknowledges their shortcomings and is not ducking and hiding and they are willing to make things right. This landfill is a big deal to Shawnee residents, it always has been, it is now and always will be. It’s good to see that you’re willing to step forward and I guess the proof will be in the pudding, as they say. In the second thing residents should be, I think, please with is that Mr. Chaffee and his staff, you know, local government has served them well and they are addressing this problem for them and I think that’s good also and as everyone has said we need to hold their feet to the fire and if they prove that they can do, then this has been good.

CHAIRMAN BOGINA: Thank you. So Paul, are you suggesting that we table the item or…

(Inaudible)

CHAIRMAN BOGINA: Three month review.

(Inaudible)

CHAIRMAN BOGINA: Okay.

(Inaudible)

CHAIRMAN BOGINA: Yes, and Mr. Arnold if you you’re not aware, last year we had a presentation on recycling and how it, how leaf, how the version of what yard waste was impacting the landfill and whether it’s life to 2043 was necessary or not because of the lack of compliance with some cities for lack of recycling and so I would like to add that to our discussion in 90 days since we have not gotten to it tonight. So, is there a motion by the Commission concerning the review of the special use permit? Commissioner Wise.

COMISSIONER WISE: I would recommend approval of a revised SUP-13-08-10; special use permit review with review in three months for sanitary landfill operations in the PI zoning district with, according to the 41 staff recommendations in addition to exploring options for beautification along the west side and potentially additional trash pickup.

CHAIRMAN BOGINA: And Paul, is that conclusive?

(Inaudible)

CHAIRMAN BOGINA: Thank you. Is there a second? Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I second the motion.

CHAIRMAN BOGINA: There’s a motion and second for the review of SUP-13-08-10; special use permit previously issued to Deffenbaugh Industries to allow land filling in the Planned Industrial zoning district, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 10-0; Peterson absent)

CHAIRMAN BOGINA: Item 2 is:

CHAIRMAN BOGINA: Doug.

DEPUTY PLANNING DIRECTOR ALLMON: The applicant requests special use permit approval to operate a convenience store with gas pumps at the southwest corner of Shawnee Mission Parkway and Goddard. The subject property is zoned CH-O (Commercial Highway-Overlay), and convenience stores with fuel pumps require a special use permit in the CH-O zoning district. The property contains 4.91 acres.

Right-of-way for Shawnee Mission Parkway and the adjacent frontage road is located to the north of the site. If approved, the project will involve removal of the existing multi-tenant retail center, the former Thai 2000 building, and three residential houses that are on the north side of 64th Street. A tire store and office building are located to the west, and a Goodwill store is located to the east (across Goddard). Right-of-way for 64th Street is located to the south, while three single family homes in the Blackhawk subdivision are located on the south side of 64th Street.

The Land Use Guide of the Comprehensive Plan indicates commercial uses for the site. Thus, the proposed commercial use is in compliance with the Plan.

Primary access to the site is provided from two driveway approaches that connect to Goddard. These drives have been positioned so they align with the existing driveway approaches on the east side of Goddard. A secondary access point is provided to the Shawnee Mission Parkway frontage road at the extreme west end of the site. This location maximizes the separation distance from the intersection of Goddard and Shawnee Mission Parkway. No direct access is proposed or allowed to 64th Street.

The character of the area will change somewhat with the development of a convenience store on the subject tract. However, this type of change was anticipated by the existing zoning and designation on the future Land Use Guide. With the exception of the three non-conforming single family homes that will be removed, the site has contained a retail center and restaurant building for decades.

Approval of the special use permit should have little detrimental effect upon surrounding properties. Existing residences on the south side of 64th Street will be buffered by street right-of-way, a 100-foot wide green space, new privacy fencing and landscape trees. These homes are also located approximately 210 feet from the rear of the proposed building.

Denial of the special use permit as presented would not appear to benefit the community as a whole. This redevelopment project will bring three nonconforming residential structures into compliance with zoning code, and will also remove an older restaurant building that has been vacant for several years. The new building and landscaping will enhance aesthetics of the Shawnee Mission Parkway corridor, and compliment redevelopment that has occurred to the northeast.

The applicant requests site plan approval for construction of a 5,858 square foot QuikTrip fuel/convenience store. The subject property is located at the southwest corner of Shawnee Mission Parkway and Goddard

The subject property is a 4.91 tract that will be re-platted prior to issuance of a building permit. The property is zoned CH-O (Commercial Highway-Overlay) and contains a multi-tenant retail building, a former Thai 2000 restaurant, and three single family homes. All of these existing structures and related improvements will be razed as part of the project. A tire store and office building are located to the west, and a Goodwill store is located to the east (across Goddard). Right-of-way for 64th Street is located to the south, while three single family homes in the Blackhawk subdivision are located on the south side of 64th Street.

The Land Use Guide of the Comprehensive Plan indicates commercial uses as appropriate for this site, thus the request is in compliance with the Plan.

All bulk requirements have been met. Both the building and the canopy sit more than 30 feet from the adjacent right-of-way lines for Goddard/Shawnee Mission Parkway, and more than 30 feet north of the right-of-way line for 64th Street. The building sits to the south of the fuel canopy and maintains a 120-foot setback from the south (rear) property line. A side setback of more than 10 feet has been provided adjacent to the west property line. The height of the canopy is approximately 20 feet and the height of the building is 22 feet to the top of the roof cornice, which are both less than the 45-foot maximum allowed by the ordinance.

Primary parking for the store is located on the north, east and west sides of the building. A 30-foot drive aisle has been provided between the refueling area and storefront parking spaces to allow safe traffic circulation.

The fuel canopy provides cover for 6 double-sided fuel dispensers. Fuel pumps are oriented to allow for a north/south traffic circulation pattern. Lighting under the canopy will not create a glare problem for adjacent properties or vehicles on Shawnee Mission Parkway. The light fixtures are recessed in the canopy, and no part of the fixture will extend past the bottom of the canopy fascia.

The site plan also depicts the installation of four underground fuel storage tanks to the north of the fuel canopy. The location of the fuel tanks will not compromise site circulation when being filled by a fuel tanker truck.

Sixty-eight (68) parking stalls are shown on the site, including three spaces that have been marked as ADA accessible. Based on 1 parking space required for each 150 square feet of convenience store area and employee stalls, a total of 49 spaces are required. Because on-site parking provided at the facility exceeds the required parking maximum, the applicant has provided more than 12 percent internal open space, as well as trees that are 3-inch caliper in size to meet Municipal Code requirements. Staff is comfortable with exceeding the parking maximum in this case, because the use is more of a hybrid operation that combines gas/convenience services in a restaurant setting. Historical data and experience at other QuikTrip sites indicate the amount of parking requested is necessary to serve the facility.

The proposed store is one of QuikTrip’s “next generation” facilities, which is similar to the store that was recently constructed at the intersection of Shawnee Mission Parkway and Martindale. Next generation stores offer personal order dining options, and also provide patio and dining tables at the building entrances.

The building, which is 55 feet wide by 105 feet in length, has bump-outs across the entire front (north) facade. All four sides of the building will be constructed primarily of brown brick (“Bronzestone” by Interstate Brick), with two black horizontal brick accent bands inlaid within (“Midnight” by Interstate Brick).

Both the east and west walls contain a triangular glass entry atrium that is constructed of gray/black decorative tile (“Radiant Iron” by Daltile). This same tile is used on the front (north) elevation to frame the corners of all wall bump-outs. The center portion of the north elevation will be comprised of a glass storefront window system and two glass entry doors. A single, flat aluminum canopy with a red trim band will be located over the front entry doors. Two, smaller standing-seam metal awnings (“QT Red” by Lane) are located above windows found to the east and west of the entry doors. The rear (south) elevation of the building has no window openings, but does include decorative tile pilasters to provide four-sided architecture. Downspouts and the roof access ladder are interior within the structure, and mandoors and utility boxes on the rear elevation are brown to match the adjacent wall. The majority of all roof sections are capped with an aluminum gray decorative cornice (“Aluminum” by Alpolic Fascia Systems).

Twelve brown brick pillars are shown to support the gasoline canopy (in sets of two for each fuel island). The canopy is composed of aluminum metal fascia with concealed fasteners to match the color of the building cornice. Both the gasoline canopy and building will be constructed with a flat roof.

All mechanical equipment is located on the roof of the building and will be fully screened by the parapet wall and mechanical screen system.

Landscaping shown on the plan meets requirements of the landscape code. Based on street frontages along Shawnee Mission Parkway, Goddard, and 64th Street, a total of 29 street trees are required. The landscape plan shows a total of 10 trees adjacent to Shawnee Mission Parkway, 9 trees adjacent to Goddard and 10 trees adjacent to 64th Street. Street tree species are shown as Willow Oak and Fruitless Crabapple.

Based on the amount of usable open space, 23 additional site trees are required. The applicant has provided a row of southwestern White Pines to buffer the rear of the building, as well as groupings of Leyland Cypress evergreen trees to buffer the south property line. A six foot tall wooden privacy fence will also be constructed adjacent to the south property line to further buffer residential homes in the Blackhawk subdivision.

Ornamental Rose of Sharon Trees and Skyline Honeylocust are shown to accent site entrances and all parking lot islands. In all, 26 open space trees will be added to the site. More than twelve percent (12.6%) of internal parking areas have been landscaped.

The plan also provides a large landscape bed at the Shawnee Mission Parkway/Goddard intersection, and decorative shrub beds at the drive entrances. Species of shrubs includes crimson barberry and winter boxwoods. The transformer pad at the back of the building will be screened with 12 upright perfecta junipers. In total, 590 shrubs will be planted on the site. All areas disturbed by construction are shown to be sodded in accordance with SMC 17.57.

Fifteen parking lot light poles are located around the perimeter of the site. The height of the poles is indicated to be 22 feet (including the base), which meets City standards. Light fixtures will be mounted at a 90-degree angle with the pole and include a flat lens for full glare cutoff.

One wall sign is allowed on either the building or gasoline canopy facing street frontage or a field of parking. One wall sign is proposed for the front (north) facade of the building facing Shawnee Mission Parkway and one QT button sign is shown on the east facade of the canopy facing Goddard. An additional QT button is shown on the west canopy elevation that faces parking and a drive aisle that is greater than 40 feet in width.

A monument fuel price sign will be constructed along Shawnee Mission Parkway. Only the fuel prices and a QT logo/name is allowed on the sign. No other advertising is allowed on the fuel price sign. The monument location will not obstruct the view of vehicles exiting the site. The monument sign will not exceed 7 feet in height from adjacent grade, and the sign face shall not exceed 50 square feet. All signage must meet requirements of SMC 5.64 and permits for all signage must be obtained prior to installation.

The trash enclosure is shown to the northwest of the building, behind the front wall of the structure. The enclosure will be constructed of brown brick to match the building.

The street improvements required for this development shall be designed according to the standards in the Shawnee Design and Construction Manual. The following items were noted as part of this project:


The storm drainage improvements required for this development shall be designed in accordance with Shawnee Design and Construction Manual.
This development is subject to the provisions of SMC, Chapter 11.08, Stormwater Management, which pertains to the City’s stormwater utility regulations.
The public street lighting system required for this development shall be designed in accordance with the Shawnee Design and Construction Manual, Division 2500 Traffic Devices.
This development is not subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities. The applicant submitted a stormwater management letter stating that the impervious area for the site will be decreased. Since the impervious area is decreasing, stormwater treatment is not required.

This development is not subject to the provisions of SMC, Chapter 11.24, Stormwater Detention, which pertains to the construction and maintenance of on-site stormwater detention facilities. The applicant submitted a stormwater management letter stating that the impervious area for the site will be decreased. Since the impervious area is decreasing, stormwater detention is not required.

This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures.


A short retaining wall is shown near the west property line. The wall will be constructed of modular block colored beige (Allen Block “Antique Bronze”). A decorative steel picket fence four feet in height (Ameristar Black) will be constructed at the top of the retaining where heights exceed 30 inches. The design and construction of all retaining walls shall comply with the SMC, Chapter 15.04, International Building Code, and as follows:
The applicant is responsible for scheduling a pre-design meeting with the Development Engineer prior to preparing the site civil plans, which must show all proposed site improvements. The final site civil plans for this development must be submitted for review and acceptance by the City prior to issuance a public improvement permit or building permit.

The applicant is required to provide construction phasing plans for the development. Additionally, the applicant is required to provide traffic control and signage during construction. Detailed traffic control plans are required to be prepared. The plans need to ensure that access is provided to all businesses and residences impacted during the construction of this development. Additionally, the plans need to ensure that emergency personnel can access all existing businesses and residences at all times.

All site improvements for this development shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. No certificate of occupancy for the building shall be issued prior to the completion, inspection, and acceptance of all required site improvements. A Public Improvement Permit is required for all public street, storm and streetlight improvements.

All water lines, fire hydrants, fire lanes and fire suppression equipment shall be installed as required by the Fire Department.

This development is not subject to the provisions of SMC Chapter 12.26, which pertains to the City’s excise tax on new subdivision plats. This is a re-plat of the existing Blackhawk Subdivision; therefore, the excise tax requirements have previously been met.

All utilities shall be placed underground.

In terms of a recommendation, staff recommends approval of SUP-02-16-02, a special use permit to operate a convenience store with gas pumps in the CH-O zoning district, subject to condition number one in the staff report, which is:


Staff also recommends approval of SP-03-16-02, site plan for a 5,858 square foot QuikTrip store to be located at 10700 block of Shawnee Mission Parkway; subject to conditions 2 through 23 listed below:
That completes staff’s report.

CHAIRMAN BOGINA: Thank you, Doug. Is the applicant present?

APPLICANT: Yes. My name is Daniel Chambers, I work for QuikTrip Corporation and office out of 5725 Fox Ridge Drive in Mission, KS.

CHAIRMAN BOGINA: Thank you. Have you read the staff report?

MR. CHAMBERS: I have, yes.

CHAIRMAN BOGINA: And are you in agreement with staff’s stipulations?

MR. CHAMBERS: I am, yes.

CHAIRMAN BOGINA: Thank you. Does the Commission have any questions for the staff or the applicant? Commissioner Braley.

(Inaudible)

COMMISSIONER BRALEY: I guess this would be either from staff or the applicant or the engineer if they are here. I’m just kinda curious of that condition Paul; that exists with along Shawnee Mission Parkway where we have the frontage road in the increased volume of traffic that moves through there. I know on the opposite side seeing that I bank Great Western, we have a condition there where it says that there is a sign there that says do not block this street, but working have a lot more traffic, I think, going into QuikTrip and coming out of QuikTrip and how is that condition going to be sort of addressed as cars queue up to get onto Shawnee Mission Parkway and not block that frontage road?

MR. CHAMBERS: No, that’s a great question and that’s one of the things that we talked a lot about with staff and we did and intersection analysis specifically of Goddard and the frontage road right there to kind of address that and work through some of those opportunities that we might have their with the traffic. One of the things that we are doing is we are increasing the, Goddard, we’re widening Goddard, we took a property on our side to be able to whiten Goddard Road to allow the stacking of the vehicles they are. Most of the, I don’t think we’re going to see a lot of, necessarily, an increase of traffic on the frontage road portion, but there still will be signage indicating do not block and allow the people on the frontage road to be able to get out and be able to utilize the signal and turn but I think with the increase along Goddard will help improve the condition.

COMMISSIONER BRALEY: Okay. Yeah…

CHAIRMAN BOGINA: So, you think the turn movements will be improved, you’re talking about the turn moving from the frontage road onto Goddard, correct?

COMMISSIONER BRALEY: Yes. The one that I’m anticipating is if you are heading eastbound frontage Road NE to make that left turn movement to that one cute spot before you get onto Shawnee Mission Parkway, if we have an increase flow from QuikTrip, you know, I…it’s more of a…

DEPUTY PLANNING DIRECTOR ALLMON: To answer your question, there still will be, there’s difficulty there today but what we did look at was the positioning of those exits and entrances onto Goddard from the QuikTrip site in terms of moving further south from the intersection. The ultimate scenario would be to have a median there but obviously we cannot block access to Nigro’s at those buildings that are to the east. So in this situation with the addition that additional stacking and turn lane basically stacking space, the feeling that it will not be any worse than it is today. It, I want to hear and say it’s ultimate best situation but on an infill project we did at least get the white that was necessary to keep the right bound turn movement and the stacking distance for those turning movements getting on to Shawnee Mission Parkway.

COMMISSIONER BRALEY: Okay. And as a follow-up to the applicant, you know, if you start seeing an increase of people that are coming down the frontage road turn right into your parking lot to get further south moving through so they can get a left turn, is that gonna be an issue for you, I mean I’m just trying to anticipate any kind of future challenges that might occur and how you feel about that.

MR. CHAMBERS: Just so I understand your question, you’re concerned with people coming off of Goddard and…

COMMISSIONER BRALEY: So, if you’re coming eastbound on Goddard, come to the edgier property and let’s say it’s queued up, the way that I could see around it is turning into your property, driving through your parking lot, getting in further south, exiting onto Goddard to get themselves queued up onto Shawnee Mission Parkway. Does that make sense?

MR. CHAMBERS: It does, I think, you know it, anytime you have a situation like that there is always a possibility of people trying to shortcut do something like that, I think when you realize it’s not good to be beneficial, because I think you’re gonna spend more time in the long run trying to do a move like that, but you know, we can’t control and predict everyone’s behavior in some people might try something like that but I think we found in general most of our facilities when we have situations similar to this that we don’t have a lot of people that make that a long-term habit.

COMMISSIONER BRALEY: Okay.

MR. CHAMBERS: Thank you.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: So, similar to the situation at Martindale, you know, where we did go in with a…why would we make it no left turn off of eastbound frontage road? You either need to go straight across or you’ve got a turn right and then you don’t have that queuing problem.

DEPUTY PLANNING DIRECTOR ALLMON: You want to get people to that signalized intersection at Goddard; you wouldn’t want to force them on east past Nigro’s and that area to make the right turn out; I don’t know that that part of the frontage road is designed for that; as it is this has operated with a restaurant and retail uses on it in the past with less stacking and more movements that we have now; engineering staff is pretty comfortable that having those two access points on to Goddard with that added lane width with the signal it will at least function the same as it does today. That’s the best answer I give you.

MR. CHAMBERS: Yeah, the report kind of indicated that we would have an improvement as Mr. Allman kind of mentioned; in an infill piece we are kinda, the goal is to really try to upgrade what we have their currently and provide a facility. I think that it’s kind of what we’ve done partnering with staff; we’ve had several meetings actually, specifically on this intersection and talked about what is the best way to provide access to the QuikTrip while still respecting access to the existing buildings that, existing business owners that you guys have there because we don’t want our facility to be a detriment to them and their current customer base and everything. So…thank you.

CHAIRMAN BOGINA: Is there any other questions for the staff or the applicant? Is there anyone from the public that wishes to speak on this item? Yes, ma’am.

PUBLIC COMMENT: Do I need to come up?

CHAIRMAN BOGINA: Yes, ma’am.

PUBLIC COMMENT: My name is Joan Potter and the address is 10823 Shawnee Mission Parkway, the tire store.

CHAIRMAN BOGINA: Thank you.

MS. POTTER: I have a question about where we are just talking about the frontage road there which is a big problem already at Goddard and the frontage road and I was wondering in their plans, do they expand the frontage road in front of their building at all to allow for a right turn lane?

DEPUTY PLANNING DIRECTOR ALLMON: (Inaudible) geometric plans for the frontage road itself…

MS. POTTER: Just for that spot in my only suggestion would be because if you’re queued up and you have a line of queued up people that can’t go left, you back everybody up trying to go right as well. So, that’s my only possible suggestion because I do think there will be a lot of added traffic to an already tight spot. That’s it.

CHAIRMAN BOGINA: Thank you. Yes, sir.

PUBLIC COMMENT: Good evening. My name is Andrew Keeny. I live at (omitted from record). The building, or the house that is directly south of the proposed QuikTrip. I would like to, I guess first start with traffic as one of my concerns being that it’s a residential neighborhood; I plan on starting a family in this neighborhood and one of my concerns especially when you start talking about this backup from the frontage road onto Goddard as a potential for people to turn right and turn right and come across two Nieman to try to get out and get angry and they’re going to speed down 64th, is one of my concerns. Also, it’s a fairly quiet neighborhood at the time of being, the businesses that are being in the neighborhood, they close at 9:00 or 10:00, at these hours, they’re not open 24 hours like this QuikTrip proposed is; so I’m concerned about light pollution, noise pollution, the potential for crime later at night, what else, so a few of my concerns. I honestly don’t want this, as excited as I am to see the Thai 2000 finally get torn down and moved or something put in there, I don’t think this is the right business for my neighborhood. Thank you.

CHAIRMAN BOGINA: Thank you. We would be in Commission discussion.

MR. CHAMBERS: Mr. Chairman, could you address the citizen’s concerns?

CHAIRMAN BOGINA: Since we haven’t talked yet, go ahead.

MR. CHAMBERS: We understand the concern about the light pollution and that is always a concern when you’re up against a neighborhood; one of the things that QuikTrip has is we do a photometric model, I believe that was included in your packet and there will be no light pollution over the property line; we comply with dark sky ordinances; we use all modern LED recessed lights that are actually recessed up there to help with the overshadowing on that cut off so that we don’t negatively impact adjacent property owners to us; a lot of the crime that you mentioned, that’s a big concern with QuikTrip, security is a big deal in a big initiative that we just got through doing as a company was installing advanced security systems and all of our new facilities as well as our old facilities so when you are on a QuikTrip lot you are monitored 100% of the time by high-definition video camera; all of the new employees carry a but that if they push it in a panic but there is a room in Tulsa that they have a monitor that if an employee pushes it, it will pop up they will have emergency response and they had teams that are dedicated to that insecurity; one of the other benefits that QuikTrip offers is a lot of the free coffee two police officers so that encourages frequent use of police staff coming to the lots quite frequently because they do receive a free beverage, so I think that that kind of helps having a police presence having a reduction in crime.

CHAIRMAN BOGINA: Great, thank you.

MR. CHAMBERS: Thank you.

CHAIRMAN BOGINA: We would be in Commission discussion. Commissioner Braley.

COMMISSIONER BRALEY: Yeah, I mean, I will, I live out west and utilize the one off of Martindale quite a bit and I can attest to some of the things you just said. Every time I there, there seems to be a police officer parked monitoring and writing reports and at the place that they do frequent. I will say I have been impressed as well with QuikTrip out west as how well they maintain property, mowing, landscaping, it’s probably the greenest grass in the area honestly, so with that that is a compliment. But, going back to just sort of the situation, residents have commented about traffic, that’s probably the one area I still have some concern about how that condition is handled, specifically for, you know, if there is frustrations that occur for other business owners to the west and accessing, because those frontage roads, and that’s just where it’s kind of a general question and Paul, we are can run into this more and more as we get new development I’m optimistic that there’s going to be a lot of, some good development that is gonna occur and we have these unique situations with the frontage road and then basically a one car queue that occurs between their so, you know, I’m not here to second-guess our City engineer’s if they have studied it but it’s just one of those things that I’ve experienced on frontage roads in Shawnee that sometimes becomes a frustration because I don’t think across the street that that sign that says don’t block the intersection, it’s almost as if it’s not there, people, it’s just not being seen so that’s the only reason why I’m kind of concerned about that condition. Thank you.

CHAIRMAN BOGINA: Thank you. Commissioner Wise.

COMMISSIONER WISE: Yeah, I think, you know, overall especially with the new QuikTrip, but the facilities are kept clean, well maintained; you know, with LED lighting, that’s good, it will, I think that will provide good light out but it’s nice to see that you are dark sky compliant at that you’ve done those photometric studies because I know that can be a huge issue, light pollution, but you want the site to be well lit. The other thing is having a facility like this with traffic, I understand the concerns with the traffic but compared to what we’ve got there now something better needs to be done, that’s just, it’s not a positive site, you know, there’s just, it’s almost a blighted location I’m just glad to see a good development here understanding that yeah, I’m afraid we may have some issues with traffic.

CHAIRMAN BOGINA: Thank you. Commissioner Busby.

COMMISSIONER BUSBY: Thank you, Mr. Chairman. And I will echo Commissioner Wise’s comment. I’m old enough to remember eating McDonald’s there I think I ate the Thai place many, many years ago, I vaguely remember that, but I can tell you one thing, I’ll be glad when that goes away. Thank you QuikTrip, I think it’s a wonderful project.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yeah, I would just echo those comments, you know, this site is a great upgrade to the place; I do share the same concerns about the traffic stacking the access and frustrations that will come and I, I don’t know what the options are once this is built should there be traffic problems, but that is a concern that I do have for that.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Paul, I still have a concern. At the west end of the frontage road, where it, there’s no left turn sign their, you know, because they don’t want you pulling across the traffic; they want you to go up and around and exit further south.

(Inaudible)

COMMISSIONER WILLOUGHBY: I mean, I don’t see what’s wrong with making people go straight or turn left or turn right, you know, I mean maybe you just say, well you can’t say if there’s no traffic you can do whatever you want but maybe they’ll do that anyway but…

(Inaudible conversation between Commissioner Willoughby, Planning Director Chaffee and Deputy Planning Director Allmon)

COMMISSIONER WILLOUGHBY: And one other thing, I mean, if you had a sign that said don’t block this intersection so that if somebody wanted to go east bound on frontage road it go down past Nigro’s get out on Shawnee Mission Parkway that way, I mean I just can’t imagine that there is that much traffic on frontage road, you know, from those businesses. And so maybe that would be a solution, that way not gonna, people are going to get…(inaudible). Okay, alright, thanks.

COMMISSIONER SMITH: Mr. Chairman?

(Inaudible)

CHAIRMAN BOGINA: Doug, has there been any discussion with the applicant to adjust the frontage road to the south in order to open up that intersection a little bit? As their, you know, I don’t know how much, how difficult that would be but…

DEPUTY PLANNING DIRECTOR ALLMON: (Inaudible) We’ve had countless discussions about everything from metered traffic signals to new geometry that frontage road. There is a (inaudible) box, stormwater box that goes underneath that area. It is a very constrained site. We felt getting that extra lane width on Goddard was a significant improvement for that full-length of the property. As I said, the old, to keep people from blocking the intersection or impacting that intersection would be to do immediate like we would to get out of Midland on the art Dale site, but we simply can’t block access to those buildings that exist…

CHAIRMAN BOGINA: I mean, everybody knows the situation of these frontage roads to be so close here is problematic. Commissioner Smith, do you have something?

COMMISSIONER SMITH: The only thing we need to be, we also need to be cognizant of is if we want to force traffic to go south is the issue that this gentleman back here raised and that is if we don’t force traffic into that neighborhood, but along those lines is he sees there is significant traffic and speeding through there can we offer him some assurance that we will ask the police department for some extra patrol or Robocop or something in that area because it is a legitimate concern for that gentleman.

PLANNING DIRECTOR CHAFFEE: Right, we have that ability and we also have the ability upfront to place the speed limit sign that will register what the real, what the speeds are and I think if there is a significant problem then there will be more enforcement that happens or often what we find on residential streets cars are really going 25 miles per hour but it just appears in all of our minds that we’re going faster than what we really are. But certainly that’s available if it gets to be an issue, we have enforcement mechanisms to…

COMMISSIONER SMITH: Do we have the ability to tweak those signals at all?

(Inaudible)

PLANNING DIRECTOR CHAFFEE: Yeah, as we see the traffic flow, our traffic engineer, we have the ability to tweak the signals if we need. The one issue that we are can have during certain hours of the day with it being Project Greenlight, we don’t want to inhibit that traffic flow from Pflumm Road all the way through and over to the Plaza, so you know there may be a little bit of tweaks that can happen or it can be during certain times of the day and maybe during peak hours it’s as it is now and during other times the day there may be opportunities to tweak it.

COMMISSIONER SMITH: Well, my guess is it could, the trip is on the south side of Shawnee Mission Parkway because that is the going to work side. They want that traffic of course, I’m sure that’s what it’s going to be busy, but okay, thanks.

(Inaudible)

CHAIRMAN BOGINA: We’re in Commission discussion right now, so we don’t take public comment at this point. Is there a motion on this item? Commissioner Wise.

COMMISSIONER WISE: I’ll make a motion to approve SUP-02-16-02, a special use permit and SP-03-16-03, a site plan to operate a convenience store with gas pumps in the CH-O zoning district, located in the 10700 Block of Shawnee Mission Parkway, subject to the conditions in the staff report.

CHAIRMAN BOGINA: Thank you. Commissioner Busby.

COMMISSIONER BUSBY: I’ll gladly second that motion.

CHAIRMAN BOGINA: There’s a motion and second to approve SUP-02-16-02 and SP-03-16-02, a special use permit and site plan approval for QuikTrip, a convenience store with gas pumps in the 10700 Block of Shawnee Mission Parkway, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 10-0; Peterson absent)


CHAIRMAN BOGINA: Item E. is:

E. OTHER BUSINESS

CHAIRMAN BOGINA: Paul?

PLANNING DIRECTOR CHAFFEE: I don’t have any other business.

CHAIRMAN BOGINA: Does the Commission have any business for the staff?

F. ADJOURNMENT

CHAIRMAN BOGINA: Commissioner Somsky, do you have a motion?

COMMISSIONER SOMSKY: I move to adjourn.

CHAIRMAN BOGINA: Commissioner Specht.

COMMISSIONER SPECHT: Second.

CHAIRMAN BOGINA: Motion and second to adjourn, all in favor.

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 10-0; Peterson absent)