Meeting Information
6:35 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval to contract with Pictometry for oblique aerial flights (Steve Miles);
(c) Consider approval of an acquisition of a tractor mower for Public Works (Mike Perkins);
(d) Consider approve of acquisition of right of way for Project No, 23C-4123-01; Bridge No. 13.00N - 19.00E; Route 1057 (Michael Kelly); and
(e) Approval to proceed with easement acquisitions for Route 1055 (6th Street) improvements from US-56 highway to Route 12, Project No. 2010-20 (Keith Browning);
(f) Consider approval of Class "B" Club License for the Bird of Lawrence (Clerk's Office);
(g) Consider approval of Notice to the Township Board for Cereal Malt Beverage Licenses for Flamingo Enterprises, 1626 E 1550 Rd (Clerk's Office);
(h) Consider approval of Notice to the Township Board for Cereal Malt Beverage Licenses for Clinton Marina, 1329 E 800 Rd (Clerk's Office); and
(i) Consider approval of Notice to the Township Board for Cereal Malt Beverage Licenses for Clinton Submarina, 1329 E 800 Rd (Clerk's Office).
REGULAR AGENDA
(2) Consider a Conditional Use Permit, CUP-12-8-10, for the Fraternal Order of Police shooting range, located at 768 E. 661 Diagonal Road. Submitted by Dan Affalter, for Fraternal Order of Police, property owner of record. Deferred by Planning Commission on 4/25/11. (PC Item 2; approved 8-0-1 on 9/26/11)(Mary Miller is the Planner)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
Building Code Board of Appeals - vacancy
Douglas County Advocacy Council on Aging - vacancy
Douglas County Community Corrections Advisory Board - 12/2011
Douglas County Senior Services, Inc. Board of Directors - 12/2011
Jayhawk Area Agency on Aging Tri-County Advisory Council - vacancy
Fire/EMS District No. 1 - 12/2011
(c) Public Comment
(d) Miscellaneous
(4) Adjourn
Flory called the regular meeting to order at 6:35 p.m. on Wednesday, October 19, 2011 with all members present.
BURN BAN 10-19-11
Flory moved to approve Resolution 11- 33 providing for the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County and added wording giving the relevant fire chief of the jurisdiction authority to approve specific burning sites and devices. Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 10-19-11
Flory moved approval of the following Consent Agenda:
► Commission Order No. 11-028 (on file in the office of the Clerk);
► Contract with Pictometry International Corporation for new oblique aerial photography and Electronic Field Study software in the amount of $179,034.81 over a six year period with annual payments as follows:
First year $29,299.00; Second year $29,779.00; Third and Fourth years $28,639.27 per year; and Fifth and Sixth years $31,339.14 per year;
► Waive the formal bidding process and authorized staff to access the HGAG contracts with Kubota and Schulte for a Kubota M110XDTC tractor mower in the total amount of $73,119.20;
► Acquisition of right-of-way for Project No. 23C-4123-01; Bridge No. 13.00N - 19.00E; Route 1057 for six contracts in the total amount of $17,550.00;
► Approval of the total value of proposed acquisitions from tracts in the unincorporated areas in the amount of $12,400.00 for Project No. 2010-20, Route 1055 improvements from US-56 highway to Route 12, and approval to proceed to the right-of-way and easements acquisition phase;
► Class "B" Club License for the Bird of Lawrence located at 1626 E 1550 Road, Lawrence;
► Notice to the Township Board for Cereal Malt Beverage Licenses for Flamingo Enterprises, 1626 E 1550 Road, Lawrence;
► Notice to the Township Board for Cereal Malt Beverage Licenses for Clinton Marina, 1329 E 800 Road, Lawrence; and
► Notice to the Township Board for Cereal Malt Beverage Licenses for Clinton Submarina, 1329 E 800 Road, Lawrence.
Motion was seconded by Thellman and carried 3-0.
PLANNING 10-19-11
The Board considered a Conditional Use Permit, CUP-12-8-10, for the Fraternal Order of Police (FOP) shooting range, located at 768 E. 661 Diagonal Road. The application was submitted by Dan Affalter, for Fraternal Order of Police, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Miller identified all the properties within .25, .5, and 1-2 miles from the shooting site. The majority of homes are two or more miles away from the shooting site. Miller stated she received some concerns about the hours of operation linked to noise and the threat of lead pollution. The FOP provided a memo with the results of the lead testing they had done. The lead levels were acceptable. Miller discussed the conditions determined by staff and which were revised and approved by the Lawrence-Douglas County Planning Commission.
Mike Riling, representing the FOP, discussed the history of the shooting site which was formed in 1967. At that time, they did not know a CUP was necessary. There is a lawsuit against the County about whether a CUP is needed for the shooting site. Riling feels most of the noise and usage problems come from Law Enforcement training. The Fraternal Order of Police membership allows the city and county law enforcement agencies to use the facility.
Tarik Khatib, Lawrence Chief of Police, stated support of the shooting site.
It is the only place in the county to do training, which includes night training. Law Enforcement tries to train in scenarios that are realistic as most crime in Lawrence happens at night.
Flory asked if the number of night time sessions recommended by the Planning Commission allows Law Enforcement enough training opportunities to meet their requirements. Khatib stated he can work with the designated 25 night sessions.
Thellman asked if city and county Law Enforcement pays the FOP to use the facilities. Khatib answered there is a daily rate that they pay.
Ken McGovern, Sheriff of Douglas County, stated his point of discussion is with the hours allotted. Currently the Sheriff's officers are training four days into the night shift. But both agencies are growing and he is concerned about needing to expand training.
Riling said it is important for the Board to understand the FOP is providing this service to the law enforcement agencies. If a new facility is built in the future, he d sn't want a limit put on the use of the FOP range. He wants the FOP use separate from the law enforcement use. He stated the FOP plans to amend the conditions of the CUP to affect law enforcement only. At some point there will need to be a request to both the City and County to help fund measures needed to limit the noise when the law enforcement training is going on.
Flory asked Riling if he is or is not going to ask for the CUP to be amended to reflect noise limitations on law enforcement only. Riling answered we are going to ask you now to address paragraph 3 on noise to affect law enforcement agencies only.
Gaughan stated if you establish noise abatement measures, the noise shouldn't reach a problem level. Riling stated noise abatement should be placed upon the City and County, not the FOP. The individual members should still be allowed to continue using the facility.
Flory stated the CUP says there will be sound testing. If it's determined there needs to be abatement, the FOP will look at the City and County to help funding the noise control. However, it seems the FOP would still be able to tell law enforcement they can or can't engage in their training until we get abatement.
Riling stated he did not disagree with that statement.
Thellman stated it seems premature for us to address whether or not the noise is at a non-acceptable level when we have no test results.
Riling said once the CUP is approved by the County Commission, the FOP will meet with the executive committee to determine whether the conditions are acceptable to them.
Also discussed was the pH soil testing results. According to Affalter, two samples were not within acceptable ranges in the impact areas of the shooting site. Riling stated the FOP would need to spread lime on those areas. There were no detectable lead levels in the water samples for Lone Star Lake and Washington Creek. The Board also discussed the FOP being required to submit a long-term lead management plan and put up "No Trespassing" signage at the entry points and at Washington Creek.
Riling asked for clarification on the five-year review. The FOP would not want to return to the Commission every five years for the CUP. Flory said this condition could be clarified to note that the review is an administrative review by Zoning and Codes or planning staff.
Bill Roth, 640 N 775 Road, stated he has concerns over safety and noise as the shooting has changed over the years and so has the types of weapons used. According to Roth, the range is completely open to the west. He feels the backdrops should be checked for lead to prevent splatter. He also wants to see only one set of hours for training and the FOP.
Karl Birns, living within 1/4 mile of range, stated concerns about the noise generated from helicopters landing at the shooting range. His biggest issue is
the increased number of officer training sessions and the increase in shooting. He feels the City and County should seek stimulus money to help build a
new facility.
At 8:10 p.m., the Board took a 10 minutes recess until 8:20 p.m.
At 8: 20 p.m., the Board returned to regular session.
Flory asked if there is a way to blend the FOP hours and the training hours. Riling said that would, in effect, be a punishment to the FOP membership. Affalter stated the complaints aren't against the shooting by the FOP, just during the training sessions. He feels it d sn't seem right to punish the membership. Without the memberships, there won't be a facility.
Gaughan asked as the owner and operator, why can't the FOP set the hours for the facility use by law enforcement officers. Riling stated the FOP probably wouldn't mind that. Flory stated the neighbors would probably feel more comfortable with the CUP limiting the number of training sessions.
Flory said the noise seems to be the big issue. The FOP will arrange for a specialist to measure the noise level at the receiving points at a particular training session. Riling asked for the determination of what a receiving point is.
Flory said the receiving points could be defined as the four closest houses to the shooting site. The noise testing needs to be done within six months with the results supplied to the Planning Office. Based on that determination by the specialist on whether the noise is within 65 decibels, the FOP may have to provide a noise abatement plan within one year.
Affalter stated he is worried about the noise level being subjective. Gaughan agreed this is an important issue. Miller stated the Planning Commission didn't want to set a specific standard. Some of the Planning Commissioners didn't think noise was an issue in the county. There will always be noise from guns and farm equipment etc.
Flory asked if a specialist would be able to determine if noise buffering would be appropriate. Miller said she contacted a firm that specializes in measuring noise and they said they would compare the level to other jurisdictions that have set noise standards. The noise level also depends on where the receiving areas are, if there is vegetation etc. The noise mitigation will be tailored to the individual site. Flory said the FOP should undertake an abatement measure within a year with the goal of achieving less than 65 decibels at closest receiving area during training sessions.
It was the consensus of the Board to table the item for the following meeting for staff to revise to the CUP conditions in accordance to meeting discussions.
EXECUTIVE SESSION RESULTS 10-19-11
Flory moved to authorize the County Counselor to seek review by the Kansas Supreme Court in the case of Baggett vs. Board of County Commissioners. Motion was seconded by Gaughan and carried 2-1 with Thellman in opposition.
ACCOUNTS PAYABLE 10-19-11
Flory moved to approve accounts payable in the amount of $257,253.39 to be paid on 10/20/11; a manual check in the amount of $100.00 paid on 10/14/11; and a wire transfer in the amount of $247,172.13 paid on 10/17/11. Motion was seconded by Gaughan and carried 3-0.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
________________________ ____________________________
Jim Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date