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The county commission made its ruling Monday afternoon following a public hearing held Aug. 31 when a protest was filed by Donald and Donna Eichholz, Robert Daus, Patricia Remstedt, Donald Schulte and Mark Schulte. Opponents to the range, most of whom own property on top of a bluff outside of Dutzow overlooking the Missouri River bottom, argued about the possible noise factor, lead contamination from participants' gunfire and diminished property values.
"It's a probationary period," Southern District Commissioner Hubie Kluesner said. "I don't know how it's going to affect the bluff. They (YESS organization) don't know how it's going to affect the bluff. After a year we will know."
The commissioners said the revised guidelines are a compromise.
"This year is all about trying to be good neighbors and working it out," Presiding Commissioner Arden Engelage said.
Mark Schulte conceded a lot of unknowns exist for now.
"On our side of the table, we would like to have our peace and quiet as much as possible," he said. "There has been a lot of movement in that direction. Whether that satisfies everyone here, I guess we will find out in a year."
While the permit was upheld Monday, no practices or events will be allowed yet. Due to the close proximity of the airport, YESS must get approval from the Federal Aviation Administration and Transportation Security Administration. YESS members noted a verbal agreement has been received. The conditional use permit expires Nov. 15, 2015. YESS was created to serve the training needs of youth shooting organizations such as local 4-H and FFA groups.
The most noticeable changes made by commissioners Monday focus on the hours of operation. The range will be allowed to be open year-round, but for only one weekend per month. The weekend hours have been lengthened, allowing the range to be open from 10 a.m. to 6 p.m. on Saturdays and noon-6 p.m. on Sundays. Weekday hours will remain 4-8 p.m. Monday through Thursday.
Open shoots also were eliminated. In addition, the YESS group must select the same weekend of every month to host their monthly competitions and have a completed schedule published by the end of February.
When the permit was approved in July, the range would be allowed to be open six days a week with a limit of two Sunday shoots per month, including one open shoot.
Regarding the lead concern, Kluesner recommended the ground pH level be between 7 and 8. YESS members said the pH level currently is 6.8, but can be increased by adding more lime to the property. Another new guideline set was for the shot fall zone to be grown as grass vegetation rather than remaining as farmland. YESS member Gerard Hellebusch noted he had received confirmation from an adjoining property owner to use several acres to meet the guideline.
In addition, a $10,000 bond must be posted with the county guaranteeing cleanup of the site when no longer in use and all EPA, DNR and FEMA regulations must be followed.
Other guidelines the YESS group must follow include prohibiting alcohol on the property, an age restriction of 22 except for having a certified coach present at all times, allowing unannounced inspections from the county sanitarian and zoning enforcement officer and providing the county commission copies of any violations or complaints received.
At Monday's meeting, one business owner, Mark Purvis, repeated his concern about the gunfire affecting visitors to his bed and breakfast, located near Blumenhof Winery. During the protest hearing three weeks earlier, Robert Daus said he had delayed construction of a winery/banquet center near the same area because of concerns related to the shooting range.
However, Robert Meyer disputed their claim that the range will be a nuisance. He said he rarely hears gunfire from the Hummingbird Club in Marthasville, located a half-mile from his residence.
"If you don't pay attention to it, you won't hear it," he said. "It's in your head."
The city of Washington sent a letter to the county planning and zoning commission earlier this summer stating it was in support of the youth facility.
Earlier this year, the county commissioners approved amending the zoning code to allow shooting ranges to be built and operated in certain zoning districts within the county, including the area where the proposed facility is planned.
"We want to be good neighbors," Hellebusch said. "I got friends that live up on that bluff. I certainly won't take the chance on losing that friendship."
