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October 3, 2016

7:30 P.M.

Commissioner Augie BoginaPlanning Director Paul Chaffee
Commissioner Bruce BienhoffDeputy Planning Director Doug Allmon
Commissioner Randy BraleyPlanner Mark Zielsdorf
Commissioner Dennis BusbyAdministrative Assistant Angie Lind
Commissioner Rusty Mudgett
Commissioner Kathy Peterson
Commissioner John Smith
Commissioner Alan Willoughby
Commissioner Steven Wise
Commissioner Les Smith
CHAIRMAN BUSBY: Welcome to the October 3, 2016 meeting of the Shawnee Planning Commission. We’ll start with Roll Call.


CHAIRMAN BUSBY: Commissioner Braley.


CHAIRMAN BUSBY: Commissioner John Smith.


CHAIRMAN BUSBY: Commissioner Peterson.


CHAIRMAN BUSBY: Commissioner Willoughby.


CHAIRMAN BUSBY: Commissioner Bienhoff.


CHAIRMAN BUSBY: Commissioner Busby is here.

CHAIRMAN BUSBY: Commissioner Bogina.


CHAIRMAN BUSBY: Commissioner Wise.


CHAIRMAN BUSBY: Commissioner Les Smith is absent.

CHAIRMAN BUSBY: Commissioner Mudgett.


CHAIRMAN BUSBY: Thank you. Please join us in the Pledge of Allegiance?



CHAIRMAN BUSBY: The Consent Agenda, items 1 and 2 are listed under the Consent Items Agenda. 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 Mudgett.

COMMISSIONER MUDGETT: I move to approve as it’s written.

CHAIRMAN BUSBY: Thank you, is there a second? Commissioner Bienhoff.


CHAIRMAN BUSBY: Motion and a second to approve the consent Agenda. All in favor say aye.


CHAIRMAN BUSBY: Opposed nay? Motion carried.

(Motion passed 9-0; Les Smith absent)



CHAIRMAN BUSBY: And before we get too far into the discussion, and we’re fine to have a discussion on it, but Commissioner Smith is, Les Smith is absent and he would like to partake in this; sadly enough, I will be absent the next two meetings so we can have a discussion but I believe it might work better with everybody being here for a November 7th meeting. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I say, I mean, just because Les isn’t here, I mean, it’s still a, it’s still gonna be a majority vote of which way we want to go. Do we want to go to 7:00 or do we want to keep it at 7:30, so why wouldn’t we just make a motion and if it passes, it passes?

CHAIRMAN BUSBY: I think this is not about whether or not how he votes, it’s about he had some stuff he wanted to bring up at the meeting and he had some points he wanted to make.

COMMISSIONER WILLOUGHBY: About the start time?

CHAIRMAN BUSBY: About the start time, correct. Is that correct, Paul? Yeah. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Do you need a motion to table it?

CHAIRMAN BUSBY: I would say that would be appropriate, yes.

COMMISSIONER BIENHOFF: If there’s no other discussion, I’d be willing to give a motion to table the discussion on the start time for the Planning Commission meetings to the November 7, 2016 meeting.

CHAIRMAN BUSBY: Thank you. Do we have a second? Commissioner Smith.

COMMISSIONER SMITH: I second the motion.

CHAIRMAN BUSBY: Motion and a second to delay discussion on the start of the Planning Commission meetings to November 7, 2016. All in favor say aye.


CHAIRMAN BUSBY: Opposed nay? Motion carried, it is tabled.

(Motion passed to table 9-0; Les Smith absent)



PLANNING DIRECTOR CHAFFEE: A couple of items under Other Business for you this evening. Wanted to let you all know that out at the Scout office building there on Johnson Drive, the applicant has chosen not to put the metal on the building, so it’s been repainted and looks great; the fence has been put up and if you drive by and take a look at looks real nice and was worth the effort that the Planning Commission took to discuss with the applicant on what materials to use; so, just wanted to update you on that. And then secondly, update you a little bit on the Deffenbaugh special use permit. The Governing Body, at their last meeting, extended the special use permit, they extended it for a year; they also did add a couple conditions of approval; they accepted all of the conditions of approval that the Planning Commission made and set a couple additional conditions relating to continuing discussions and the operation of the landfill and also approved the phase 2 and eventually phase 3 study to the, or report to the, for the study to the phase 2 will actually be the more on-site time related inspections with pieces of equipment that can better pick up particulates that are in the air that assist in the identification of different pollutants or different odor causing agents that you may, that we may be smelling and produce a better identification maybe some other actions they can take and certainly as we said at the meeting as we go through with upcoming year there are some issues that are firmly identified and there are some actions that can be taken, we’ll certainly do those along the way rather than waiting for whole year to implement anything that we find. We’ll say some of the items that the Blackstone folks sound related to the active face of the landfill; there’s some concerns or some issues that may cause odor related to compost and yard waste that is used as daily cover, which the state allows it as daily cover but we’ll be working with Deffenbaugh a little bit about when they, those types of materials can be taken down to the landfill. I think there was some concern about perhaps it was too fresh and the fresh grass mixed with the waste that was being provided was speeding up the decomposition of the grass even further and maybe causing some problems. They have also been covering the active face; the maximum size can be 2 acres in size, which is where they are at and then in the evenings they reduce it to 1 acre in size; they’ve been putting a tarp over and so there’s been a little bit of concern about in the morning hours the tarp is removed that there’s not the means to dissipate the odor quick enough. Another item that was identified was the temperature and inversions out at the landfill, especially this time of year when it’s much chillier in the early morning and then it heats up quick. There are concerns about how the composting operation was being developed. Deffenbaugh has purchased a new composting piece of equipment that grinds the yard waste a little finer and they’ve been placing it in wind rows to better cure and so hopefully that will solve some of that issue. The other thing we have going on right now is a, Johnson County Wastewater is doing a sludge removal, which they do every about 3 years, this time it’s 2 years in a row but what they do is they take that sludge that’s accumulated at the bottom of some of the cells, those are pumped into trucks and they are taken to a farmer’s field and it’s used as soil amendment; we really haven’t had a lot of odor complaints about that but it’s sort of timely while this is going on with the landfill to see how much, if any, is identified with the wastewater plant. I can tell you that Vicki and I last year followed one of the trucks carrying the sludge and it was fine; we didn’t have anything until they went and started spreading it on the field and then you catch that whiff of manure but the farmers whose fields are on heavy equipment on site as soon as they started tilling, the manure in, the odors went away; so, it’s sort of a quick acting situation and so wanted to bring you up to date on the landfill. Take a look at the odor study, it’s pretty good; it’s an interesting read; there’s a team between city staff, and then we have Johnson County Department of Health and Environment, have a couple of folks from their office that are on the team and then we have representatives from Waste Management that has been pretty productive…just basically good all-around, so I think Deffenbaugh’s made some efforts just from the little discussions that we’ve had to try some new things and some days they work and sometimes they don’t and we still have our good days and our bad days, but…

CHAIRMAN BUSBY: Commissioner Braley.

COMMISSIONER BRALEY: Yeah, Paul just a couple of questions, I think I picked up on and I don’t know if you can speak to this or not but one of the things that they talked about was the shape and topographic position of the current cell. Does that mean that in the future there’s something regarding it shape that we need to pay attention to? I didn’t quite understand.

PLANNING DIRECTOR CHAFFEE: No, I think the thing to remember is, you know, that’s about a 700 acre site so over the years since the 1960s, landfilling operations have been in different portions of that property. One thing that is a little bit different with the landfill location, currently right now it’s toward the easternmost edge, it’s a very deep elevation that they’ve taken the shale out so even in Waste Management’s experience, and they have hundreds of landfills, this is one of the deepest bases that they have; a lot of that just has to do with the topography out at Deffenbaugh too, so I think some of the concern is that they, because it’s so deep, it’s easier for the gas to get trapped before it rises rather than it being at a higher elevation and the wind’s coming earlier in the day and just blowing it off and blowing it away because of its depth, it just kind of helps hang and so then throughout the year, or throughout the day the odors are escaping.

COMMISSIONER BRALEY: And then regarding the sludge from the beef packing company, was that terminated because of odor, or was that terminated for a totally different reason?

PLANNING DIRECTOR CHAFFEE: That was terminated because they weren’t supposed to be doing it.

COMMISSIONER BRALEY: Okay. And then finally, the gas to energy plant that’s owned and operated by Aria…


COMMISSIONER BRALEY: Do they operate under Deffenbaugh’s special use permit? How are they, play into this equation?

PLANNING DIRECTOR CHAFFEE: They are just an allowed use in a planned industrial or an industrial zoning district, but the way they come into play is that it’s a very efficient means to suck the methane gas and convert it into usable energy and it’s actually put in pipelines to fuel about 7000 homes up in the Chicago area and one of the questions we always get is why don’t they provide energy close by to Shawnee or Kansas City, KS and the answer is that the gas is just so hot when it’s coming out of the plant and through the pipeline is that it takes it that long to cool down to be a useful energy resource at another location.

COMMISSIONER BRALEY: I just think, didn’t they point out something, I’m looking at details here, something about excess nitrogen, they want it to be a cleaner gas but that could be contributing, so is there any recourse for them to participate in the solution?

PLANNING DIRECTOR CHAFFEE: Some of the recourse is Deffenbaugh or Waste Management is having Aria regarding potentially taking over operation of the, of that plant.


CHAIRMAN BUSBY: Commissioner Smith.

COMMISSIONER SMITH: Paul, I know this is phase 1, but I was surprised at, they did not, the consultant did not go more in depth as to what was the odor, the chemistry of the odor as opposed to just an odor because having spent 30 years in the microbiology laboratory, odors are different, whether is aerobic/anaerobic and all we received was just odor. Now, will the next phase go more into the chemistry as to why…

PLANNING DIRECTOR CHAFFEE: Right, phase 1 was more of an identification of potential sites, you know, fingers get pointed in all different directions sometimes and so phase 1 was to identify the potential locations and then if there is anything specific to any of those sites that would need to be of concern on later on. Phase 2 is when they actually go out with the field equipment and test the air and to, I’m sure, they are trained individuals and they know much better than I…I know the landfill smell, I know the wastewater smell, or the wastewater treatment smell but they certainly know from their expertise when they smell sort of what to be looking for and actually some of the field work began this last weekend and then actually today we had a complaint and their staff had to go out on the complaints and respond to them while they’re going on to see what they’re finding also just to sort of not only to verify but to determine where the odors are actually coming from.

CHAIRMAN BUSBY: Any other questions for staff? Commissioner Bogina.

COMMISSIONER BOGINA: Paul, I think they address somehow, maybe perhaps it’s the location of this particular cell and so I was just going to ask, does the City, County, or State allow them to operate more than one cell at a time and/or is that too costly for them to…

PLANNING DIRECTOR CHAFFEE: It’s too costly for them because they have to lay the liners and it takes a long time to prepare a certain cell so right now they’re working on the west…when this cell gets filled, they’ll be going on to…

COMMISSIONER BOGINA: But, couldn’t they temporarily, I mean, couldn’t they if they’re starting to work on the other cell, could they expedite that? Just move over to that and come back to this after they figured out what the…we’ve gone through a lot of different reasons as to why that this thing’s not working well…can they just move on?

PLANNING DIRECTOR CHAFFEE: I think the length of time it’s going to take them to finish preparing the next cell, this one will be full.

COMMISSIONER BOGINA: Oh really? Okay, thank you.

CHAIRMAN BUSBY: Any further questions for staff on this subject? If not, then we move on to the presentation on commercial/office/industrial valuation.

PLANNING DIRECTOR CHAFFEE: If you want to adjourn before our work session, we’ll do that.

CHAIRMAN BUSBY: You guys want to adjourn?


COMMISSIONER WILLOUGHBY: I move for adjournment.

CHAIRMAN BUSBY: Thank you, Commissioner Willoughby. There’s a motion to adjourn this meeting. Is there a second? Commissioner Mudgett.


CHAIRMAN BUSBY: Commissioner Mudgett, thank you for the second. All in favor say aye.


CHAIRMAN BUSBY: Opposed nay? We’re done, thank you.

(Motion passed 9-0; Les Smith absent)