BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, DECEMBER 3, 2018,9:00 AM COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMATIONS/PRESENTATIONS

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

I. Consider authorization and execution of Contract C391-2018 for a tOur year extended warranty with CDW Government for seven recently purchased computers at a cost of$210.00 with funding from the operating budget--Parks and Recreation.

2. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $3,984.79-District Attorney.

3. Consider authorization and execution of Contract C392-2018, agreement with Barbara Mechille Shaw--Com~ctions.

4. Consider authorization and execution of Contract C393-2018 with Kansas Health Information Network (K.HIN) to build an interface for integrating with Custom Data Processing, [nc. (COP) ezEMRx software fur a one-time cost of $1.500.00-Health Dept.

5. Consider approval of Resolution No. 2018-66 approving a request from the Topeka Fire Department to change the address of the Maner Conference Centerto 1720 SW Western­Commissioner Cook.

6. Acknowledge receipt of Summons in Case No. 20 18CV000868-Wells Fargo Bank NS vs. Board of Commissioners ofShavmee County, Kansas and Case No. 2018CV000869-US Bank National Association- ·rrustee vs. Board of Commissioners of Shawnee County, Kansas, et al-County Clerk.

7. Acknowledge receipt of correspondence from Sheriff Jones regarding the purchase of an Animal Control Truck from Shawnee Mission Ford instead of Davis-Moore as previously noted on an agenda-Sheriffs Office.

8. Acknowledge receipt ofcorrcspondence from Sheriff Jones regarding a previously noted subscription with Vigilant for a license plate database but with a four percent increase for a total of $10,395.00-Shcriff:-.. Office.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

I. Consider all voucher payments_

2. Consider correction orders.

B. PLANNING- Barry Beagle

1. Consider approval of Resolution No. 2018-67 authorizing a Conditional Use Permit to establish a Bed and Breakfast Inn on property located at 3521 SE Paulen Road in Tecumseh Township---­Commissioner Cook.

2. Consider approval of Resolution No. 2018-68 authorizing a Conditional Use Permit to establish a Reception, Conference and Assembly Facility on property located at 7711 SW 61"1 Street in Auburn Township---Commissioner Cook.

C. PUBLIC WORKS/SOLID W ASTF:- Curt Niehaus

I. Consider av.'a!'ding the bid for haydite light weight aggregate material tOr the 2019 construction season to Buildex, LLC at a cost of$314,700.00 with funding from the 2019 Public Works Road Maintenance Fund.

2. Consider Resolution No. 2018-69 authorizing the placement of stop signs at the intersection of SW 171

h Street and SW Valley View Drive on all corners and Resolution No. 2018-70 authorizing the placement of stop signs at the intersection ofSW 181

b Street and SW Am:a<;tcr Road on all corners--Commissioner Cook.

D. INFORMATION TECHNOLOGY- Pat Oblander

I. Consider authorization and execution of Contract C394-2018 with Sirius to perform a review of the County's core network configuration with funding not to exceed $3,000.00 contained in the 2018 Information Technology budget.

2. Consider approval of request to negotiate a contract for the purchase of a HyperConverged Infrastructure platform from SHI International.

E. HEALTH DEPT.- Linda Ochs

1. Consider authori7ation and execution of Contract C395-2018, amendment to Contract C73-2014, with Aetna Better Ilealth allowing the Health IJepr. to provide services for KanCare/Medicaid clients.

F. COUNTY COUNSELOR- Jim Crowl

l. Consider authorization and execution of Contract C396-20l8, settlement in the matter of Case No. 20 17-CV -70 I, Jonell Schenk vs. SMG, eta!.

V. ADMINISTRATIVE COMMUNICATIONS

Yl. EXECUTIVE SESSIONS

Shawnee I ~aunty '', r f; P.arKs+ ~ recreation November 26, 2018

TO:

FROM:

RE:

Board of Commissioners Shawnee County

Jobo E. Knight, Director} Parks + Recreation

Extended Warranty Payment Approval- CDW Govermnent Administration

:nr-1

Purpose: Board of Commissioners approval is requested to pay an invoice for the extended warranty on seven (7) recently purchased computers at a cost of $210 from the operating budget.

Justification: Shawnee County Parks+ Recreation worked with Information Technology (IT) to price replace seven (7) computers and monitors at the Central Park Community Center offices. IT recommended the purchase of a four-year extended warranty for the computers that includes parts, labor, next-business day response and onslte repair.

JEK/jpl JL Attachment

parks.snco.us

• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251·6800

ACH IHFORMAmN: E-mail Rolmlttance Tco:: o•chrvmlttlnco@cdw.com REMIT PAYMENT TO: INVOICE THE'! NOFI.THI':FI.N TRUST ROUTING NO.: 071000152

1111

SCI SOUTli LASAU.E STREET ACCOUNT NAME: CDW GOVERNMENT CHICAGO, IL 60615 ACCOUNT NO.: 111057

~· COW Government INVOICE NUMBER INVOICE DATE . CUSTOMER NUMBER 75 Remittance Drive, Suite 1515 PXM7032 11/09/18 6835231 Chicago, ll60675--1515

""" SUBTOTAL. SHIPPING SALES TAX·

= RETURN SERVICE REQUESTED SHAWNEE (;UU!'ll l - $210.00 $0.00 $0.00

= #r,m;o_o\1, DUE DATE AMOUNT DUE. - CONTRACT 12/09/18 I $210.00 --""" 11341MB0.424 E0177 10242 042252114254 S2 PSB918240002:0002 1' 1111""'''1' 11 "1"'1111m•u111•hl1"11111 1111 1•11"11111"

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1m SHAWNEE COUNTY 75 Remittance Drive JOATKINSON Suite 1515 200 SE 7TH ST STE 200 Chicago, ll 60675-1515 TOPEKA KS 66603-3933

PLEASE RETURN THIS PORTION WITH YOUR PAYMENT -- ------------------------------------------------------------------ ---····----- -----------------------------------------------·-·7------------------------------------------------

INVOICE DATE INVOICE NUMBER . PAYMENT TERMS DUE DATE

11109118 PXM7032 Net30 Days 12109118 ORDER DATE SHIP VIA PURCHASE OROER NUMBER CUSTOMER NUMBER

, 1107118 - UPS Ground I 6002A 6835231

ITEM NUMBER DESCRIPTION g~ l ~:.:: J ~ UNIT PRICE TOTAL

2240291 HP SB 4YR RISKFREE 9X5XNBD DT 7 7 0 30.00 210.00 ' Manufacturer Part Number: HN788E

Electronic distribution - NO MEDIA

PR

Date tl /:J.!.t/1& Location: W.....+n>.\ M , Purpose: tJ!-I>i ~C \ASi>xfl).\~ht~ Project#: WO 9J[,(, Supervisor: <:jdJ: ~ Approval:

GOGREENI COW is happy to announce that paper1ess billing is now available! If you would like to start receiving bour invoices as an

emailed PDF. please email COW at paper1essbilling@cdw.com. Please include your Customer num er or an Invoice number in your email for faster processing.

REDUCE PROCESSING COSTS AND ELIMINATE THE HASSLE OF PAPER CHECKS I Begin transmitting your payments electronically via ACH usin~ COW's bank and remittance information located at the top

of the attached payment coupon. Emai credil@cdw.com with any questions.

ACCOUNT MANAGER SHIPPING ADDRESS: SUBTOTAL $210.00 CASEY CRONIN SHAWNEE COUNTY 312-705·1875 ATTN:JO ATKINSON SHIPPING $0.00 casecro@cdw.com 200 SE 7TH ST STE 200

TOPEKA KS 66603-3933 SALES TAX $0.00 SALES ORDER NUMBER

1BWVJFQ ~MOUNT DUE $210.00

Cage Code Number 1KH72 HAVE QUESTIONS ABOUT YOUR ACCOUNT?

f!'!j)' DUNS Number t12-815-7235 PLEASE EMAIL US AT credit@cdw.com

ISO 11001 and ISO 14001 Certified VISIT US ON THE INTERNET ATwww.cdwg.com

1002:0002 COW GOVERNMENT FEIN 3&-4230110 Page 1 of 1

OFFICE OF THE DISTRICT ATTORNEY_:: /1 L-THIRD JUDICIAL DISTRICT OF KANSAS 'J._

Michael F. Kagay, District Attorney

MEMORANDUM

TO: Board of County Commissioners

FROM: Michael F. Kagay, District Attorney}'\..(,_

DATE: November 27, 2018

RE: Request for Diversion Fund Payments

The District Attorney's Office wishes to pay the following invoices from their Diversion Fund account:

I) Douglas County District Court for certified records a) Invoice No. 13 712 dated November 15, 2018 in the amount of $7.25

2) Hastings, Susanna for transcript fees a) Invoice dated November 19, 2018 in the amount of $110.00

3) Independent Stationers for office supplies a) Invoice No. 318639 dated November 19,2018 in the amount of$221.20

4) LindySpring Systems for monthly water service a) Invoice No. 1205166 dated October 30, 2018 in the amount of$96.00 b) Invoice No. 1206429 dated November 13,2018 in the amount of$83.20 c) Invoice No. 1216960 dated November 20,2018 in the amount of$3.86 d) Invoice No. 1218439 dated November 20, 2018 in the amount of $10.00 e) Invoice No. 1218440 dated November 20, 2018 in the amount of$10.00 t) Invoice No. 1218441 dated November 20, 2018 in the amount of$10.00

5) Office Depot for office supplies a) Invoice No. 233085570001 dated November 17, 2018 in the amount of$70.56 b) Invoice No. 23308522700 I dated November 19, 2018 in the amount of$7.99 c) Invoice No. 23331683400 I dated November 19, 2018 in the amount of$161.58

6) Olsen, Jennifer for transcript fees a) Invoice No. 2018-12 dated <X:tober 31, 2018 in the amount of $18.50

7) Optiv Security for security sofuvare a) Invoice No. 100103003 dated November 19,2018 in the amount of$184.90

8) Willard & Schuyler Reporting for deposition and transcript fees a) Invoice No. 201800088 dated November 2, 2018 in the amount of$291.00 b) Invoice No. 201800089 dated November 6, 2018 in the amount of $414.25

Sha""nee County Courthouse 200 SE 7th Street, Suite 214 • Topeka, Kansas 66603 • (785) 251-4330

c) Invoice No. 201800090 dated November 7, 2018 in the amount of$350.50 d) Invoice No. 201800091 dated November 7, 2018 in the amount of$110.50 e) Invoice No. 201800093 dated November 9, 2018 in the amount of$200.00 f) Invoice No. 201800092 dated November 12, 2018 in the amount of$196.50 g) Invoice No. 201800094 dated November 15, 2018 in the amount of$505.50 h) Invoice No. 201800095 dated November 21, 2018 in the amount of$508.00 i) Invoice No. 201800096 dated November 21, 2018 in the amount of$228.00

9) Woodward, Tracy for transcript fees a) Invoice No. 1121 dated November 21, 2018 in the amount of$185.50

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of $3,984.79, to be paid from the Diversion Fund account.

Dougla~ County Di~trict Court Records 111 E 11th St Lawrence, KS 66044 (785) 832-5141 courtrecords@douglascountyks.org www.douglascountyks.org

INVOICE # 13712 DATE 11/15/2018

DUE DATE 12/15/2018 TERMS Net 30

BILL TO

::>hawnee County Dist~ict Attorney Shawnee CountY Courthouse 200 SE 7th St, Ste 214 Topeka, KS 66603

SHIP TO

Shawnee County District Attorney Shawnee county Courthouse 200 SE 7th St, Ste 214 TO?eka, KS 66603

Please detach top portion and return with your pa~ent.

SHIP DATE 11/15/2018

Access Fee Access Fee (hourly) Copies Copies (per page) Certification(s) Certification(s) Shipping & Handling Shipping & Ea~dling

Note

SHIP VIA Mail

You may pay by credit card, check, money order or cash (Plsase don't send cash in -~he mail). There will be a 4% fee added to your balance due if paying by card. We accept Visa, Discover or Mas~er Card. Please call the above number if would like to pay with your Credit ca~d. Thank you.

REQOEST NO.

,__;:.· /

1

7

1

1

0

F:.i·-'lT

3.50

0.25

1. 00

1.00

0.00

.''.'1-~;n•?

3.50

1. 75

1.00

1. 00

o.oo

2016CR69l ce~tified copy of R~A, complaint, JEJ BA~CE DUE $7.25

Pursuant to K.S.A. 60-2610, there will be a ~30.00 service charge for all returned ch~cks. I ?lease make

checks payable to: Douglas Co~ty District Cou~t 1 flease make checks payable to: Douglas County District

C:ourt

Local Delivery Provided By: SALES INVOICE 0 independent

OFFICE PLUS OF KANSAS

sta~oner~

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTI To: 200 SE 7TH ST

TOPEKA, KS 66603

ACCT. NO. Sales Order No. CUSTOMER PO

PNW240805 000000

PNWftem Description

Customer 10:

UNV10199 CLIP,BINDER,15MM

Per TCPN Contract# R141701

UNV96920 BOOK,STENO,GREGG,80SH,W

Per TCPN Contract# R141701

PENBK440C PEN,BP,RT,WOW,MED,BE,UP

Per TCPN Contracl # R141701

UNVOB651 HILIGHTER,POCKET,FYW

PerTCPN Contract# R141701

PAP6137406 TAPE,CORREC,DRYLINE, 10CD

Per TCPN Con !rElet# R141701

SMD34276 FLDR,FILE, ENDTAB, L TR,MLA

Per TCPN Contract# R141701

RACB9346CT WIPES,DISINF,CLN SCENT,W

Ord Qty

10 DZ

6 EA

5 DZ

1 DZ

2 PK

1 BX

1 CT

Salas Invoice Number: SI00318639

Sales Invoice Date: 11119118

Page: 1

Ordered Bv: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach 200 SE 7TH RM 214

DISTRICT ATIORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

10 DZ 0.19

SEA 1.17

5 DZ 5.56

1 DZ 5.11

2 PK 27.55

1 BX 64.22

1 CT 60.05

DUE DATE

12/19/18

Tota] Price

1.90

7.02

27.80

5.11

55.10

64.22

6Q.05

Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018" Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE TTH ST

TOPEKA. KS 66503

ACCT. NO. Sales Order No. CUSTOMER PO

Amount Subject to Sales Tax

0.00

Ond of RepOrt)

PNW240805 000000

Amount Exempt from Sales Tax

221.20

Sales Invoice Number: SI00318639

Sales Invoice Date: 11/19/18

Page: 2

Ordered By: Kathy BeEICh

Ship DISTRICT ATTORNEY

To: Kathy Beach 200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66803.

Ship-to Code: SHP0040259

DEPARTMENT DUE DATE

12119/18

Subtotal: 221.20

Total Sales Tax: 0.00

Total: 221.20

UNDYSPRING SYSTEMS

ADDRESS SERVICE REQUESTED

1 AV "A.()1-GWO-AM-016S4-7

di•IIIIJI•IdJIJI•IIIIolollolll•l•loiiJII•JIIoiJIIolloiiJIIIIIol DISTRICT ATTNY OFFICE STE 214 & .N SIDE 200 SE 7TH ST TOPEI<A KS 66603-3922

lhlloolllllll•mlhoolllddl•lhllni"'I'IIIII•IIII•Jidlll LINDYSPRING SYSTEMS 115NWVANBURENST TOPEKA KS 66603-3315

DATE INVOICE NO DESCRIPTION QUANTITY I LINE TOTAL BALANCE

243734 243734

1205166 1205166 1205166 1205166 1205166 1206429 1206429 1216960 1216960 1218439 1218439 1218440 1218440 1218441 1218441

Balance Forward PAYMENT Service Call INVOICE TOTAL 5 Gal Lindyspring (Delv) 5 Gal Lindy Spring Leaker Deposit 5 Gal Lindyspring Deposit 5 Gal Lindyspring INVOICE TOTAL 5 Gal Lindyspring (Delv) INVOICE TOTAL Late Fees INVOICE TOTAL Hot/Cold Rental INVOICE TOTAL Hot/Cold Rental INVOICE TOTAL Hot/Cold Rental INVOICE TOTAL

THIRTY DAYS OVERDUE

1 .00

15.00 1 .00 1.00

-1 .00

13.00

1 . DO

1.DO

1 . DO

1.DD

209.20 0.00

96.00 0.00 6.00

-6.00

83.20

3.86

10.00

1D.DO

10.00

415.82 -209.2D

0.00

96.00

83.20

3.86

10.00

1D.OD

10.00

Go paperless! We now offer eStatements and automatic bill pay. Please call the office for more information.

Office DEPOT.

FEPERAl 10:59-26639~4

BILL TO:

Oflic& Depot, lm: POBOX630813 CINCINNATI OH 45263-0S13

ATTN: ACCTS PAYABLE ;I; SHAWNEE CNTY DA 8 200 SE 7TH ST STE 214 I TOPEKA ICS 66603-3933

ORIGINAL INVOICE 10000

THANKS FOR YOUR ORDER IF YOU HAVE ANY QUESTIONS OR PROBLEMS. JUST CALL US

FOR CUSTOMER SERVICE OROER: {888) 263-3423 FOR ACCOUNT: (800) 7'21 -6592

~

SHIP TO:

SHAWNEE CNTY DA 200 SE 7TH ST STE 214 TOPEKA KS 66603·3933

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70.56

70.56

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0.00

70.56

To rerum suwlies, pluse rapa~~ In orlglnol ~ ard 'ln...-t aur paeltlng 1st, o~ "'PI' of tM~ invo\""· Pl&aS8 note pi"'bl• SCl 1M •r b...., ~.-.dlt or ~Lac__.t, w~iabev~r yvu p""fllf'. Pl..., .. dD nc>t &hll' oollect. Pl- Do not retum turrrlru,.., or •<bl,., 1.0'1tlt Y"" ~·Ll us ftrst f<>r il"t5truc'<1<~ns. Sln>rh!l'l

or d-ge IIUSt be reported within 5 days after Oel\vel")).

All amounts are based on USD c~.nency

SALES TAX

TOTAL

CUSTOMER NMIE

SHAWNEE CNTY OA

PI"" Send Your Check to:

BILLING ID

FLO

OFFICE DEPOT PO Box 660113 Dalla~ TX 75266-0113

DETACH HERE

IN\IOICE NUI'IBER

233085570001

lttiJOICE DATE

17-NOV-18

INVOICE ~A_M_O_U_N-TE_N_C_L_O_S_E_D'

ANOUNT f----------70.56

002324481 2330855700018 00000007056 1 5

Please return tills stub with your payment to ensure prompt credit to your account

Please DO NOT staple or fold Thank You.

Office DEPOT.

FEDERAL 10:59-2663954

BILL TO:

Offioe O...l"ll, Inc POBOX630B13 ClNC1~l1 01"1 45263-081'

ATTN: ACCTS PAYABLE ~ SHA~NEE CNTY DA § 200 SE 7TH ST STE 214 I TOPEKA KS 66603-3933

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ORIGINAL INVOICE 10000

THANKS FOR YOUR ORDER IF YOU HAVE A~Y QUESTIONS DR PROBUtMS. JUST CALL US

FOR CUSTOMER SERVICE ORDER: • <SS8) 263-3423 FOR ACCOUNT: (800) 721-6592:

SHIP TO: SHAWNEE CNTY DA 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933

ORD R N MBE RDER M E IPP 0 DATE 2:330852270 1 16-NOV-18 19-NOV-18 D TOP l:OST CE

BEACH

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CA 1 1

SUB-TOTAL

DELIV-ERY

SALES TAX

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QTYI B/0

0

UNIT I PRICE I

7.990

EXTENDED PRICE

7.99

7.99

0.00

CUSTOMER NA!IIE BILLING It> INVOICE NUMBER INVOICE DATE

I NVO lC E ,-A-M_O_U_Nc:T:-cEc-NccCc-L-0-S-cE-:-D--,

APtOUNT f-----------1 7 .99

SHAWNEE CNTY DA

PI<= Send Your Check to:

FLO

OFFICE DEF'OT F'O 80)( 660113 Dallas TX 75266-0113

;!33065227001 19-NOV-18

002324481 2330852270015 ODDDDDDD799 1 5

Please return this stub with your payment to ensure prompt credit to your account.

Please DO NOT staple or fold. Thank You.

00001 /00003

Office DEPOT.

FEDERAL 1[):59·2663954

BILL TO:

Office Depot, Inc PO BOX 530813 CINCINNATI OH 45263-0813

ATTN: ACCTS PAYABLE ~ SHAWNEE CNTY DA ~ 200 SE 7TH ST STE 214 ~ TOPEKA KS 66603-3933

ORIGINAL INVOICE 10000

THANKS FOR YOUR ORDER IF Y'OU HAVE ANY QUESTIONS OR PROBLEMS. JUST Co\U. US

FOR CUSTOMER SERVICE OR[)ER: (888) 263-3423 FOR ACCOUNT: (800} 721-659Z

IJINOICE NUMBER 233316834001 INVOICE DATE

1B-NOV-18

SHIP TO:

AMOUNT DUE 161.58 TERMS Nel30

SHAWNEE CNTY DA 200 SE 7TH ST STE 214 TOPEKA KS 66603·3933

PAGE NUMBER Pa 1of1

PAYMENT DUE 22-DEC-18

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OFFICE DEPOT PO Box 660113 Dallas TX 75266-0113

SUB-TOTAL

DELIVERY

SALES TAX

233316334001

IN'JOICE t>ATE

19-N0\1-18

_, you call us ffrst f<>r

EXTENDED PRICE

161.58

161.58

0.00

0.00

161.58

1 NIIO I c E r-cAc:"c:Oc:Uc:N::T:-:E::Nc:C::l-:O::S::E;:D-, Al'IOUNT

1-------j 161.58

002324481 2333168340019 00000016158 1 2

Please return this stub with your payment to ensure prompt credit to your account

Please DO NOT staple or fold. Thank You.

t;~~·;? 1144 15th Street, Ste 2900 Denver CO 80202 Invoice

OPT IV Ph: 303.298.0600 Fx: 303.293.0868 Date 11/1912018 - TIN# 43--1806449 irwoice # INV-100103003 DUNS# 01-946-6684

Tenns Net30 Please make electronic pa)'ment to: Please send clleck payment \o: Due Date 12/1912018 Benellciaa,: Opti~ Set:urity lrlC- Optiv Securr~ Inc:. Bank: JP organ Chase P.O. Box 282 6 Network Place PO# 5997C Bk\<Vire· Chic:ago, IL 60073--1282

Brian McClure A :021000021 Sales Rep Swift CHASUS33 O...emlght address:

Currency US Dollar Account No: 679967237 J.P Morgom

Optiv Secwity Inc:. Shipping Method

B~CH: 131 s Dearoom. 5th Floor

A : 102{)01017 Chicago, I L 60503 FOB Account No: 679967237 LOCKBOX 28216

Attention: Jo Atkinson - -- -- - --

BliiTo _ ShtpTo __ _

i Shawnee County Info Technology 200 SE 7TH St Ste 200 Topeka KS 66603-3933

l Shawnee County Info Technology I 200 SE 7TH ST j STE 200 ! TOPEKA KS 66603--3933

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·Thank you for yO!.lr business. II you have any ques~ons regard1r19 this invoice. please ccmtacl OpUv Accounts Receivable atar@)Optiv.com, 303.298--0600 . • Opti~ invoices Jo; proclliCI5oales upon receipt of an approved purchase order or si~ned agreement 1\11 invoices are due on or before the oue date listed on this invoice. Arr-; illi'Oice nol pard on or before the clue date will 00 sul:ljecl to a 1.5% late ctlarge par month. . All sales are final. Ma11llfacturer's warranty app~es. Opliv shall hal'!! no liabiltly or responsibill!y for any klss or clamage oonnectecl wilh the sale or use of the product -The parties hereby inc:o;porate the requirematlls of41 C.F.R. § 60-1.4(a) and 29 C.F.R. § 471, AppencfiX A to Subpart A, if applicable. This contractor and subcontractor sliall abide br the requi~ents of 41 CFR 60.300.S(a) ar~cl41 CFR 60.741.5(a), if applicable. These regulation:> proh1tJil di$crimination ega ins! qualified proter;:ted veterans and qualified ind1~idua!s wfth disabilities, and requli'e affirmative action l:ly COvered prime contractors end $\lbCQntractors to employ anti advance in employment qualified protected veterans and qualified individuals with disabilities ..

-----------'

Total Amount Due

184.90 $184.90

TO:

FROM:

DATE:

Re:

Shawnee County

Department of Corrections 501 S.E 8111 Street- Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 251"5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 816 SE Adams- Topeka, Kansas 66607- (785) 251-5000- FAX (785 291-4930

MEMORANDUM

Board of Shawnee County Commissioners

Brian W. Cole, Director, Department of Corrections &::­November 27, 2018

Agreement with Barbara Shaw

Please place this item on the Monday, December 3, 2018 CONSENT Agenda for approval by the Board of County Commissioners. This item will be funded through the Special Liability Fund.

SHAWNEE COUNT)' CONTRACT #CJ'l-2.-.lol~

SETTLEMENT AGREEMENT AND RELEASE

This Agreement is between Barbara Mechille Shaw, (referred to in this Agreement as

"Shaw"), and The Board of County Commissioners of the County of Shawnee, Kansas, and

Patrick Ricca (referred to collectively in this Agreement as "Shawnee County").

I. PURPOSE

Shaw, through her legal counsel, has asserted a claim for damages against Shawnee

County. Shaw and Shawnee County agree to resolve any and all claims and controversies that

may exist between them as a result of the events claimed by Shaw, thus avoiding the time,

expense and vexation of protracted and contested litigation. Shaw has requested confidentiality

regarding the details of her claim, and Shawnee County has agreed to keep the details to her

claim confidential to the extent allowed by law. The parties have therefore agreed to a

resolution as set forth in this agreement.

2. CONSIDERATION

The consideration to be provided by Shawnee County for the release, waiver, and other

promises and conunitments by Shaw contained in this Agreement is the payment of Thirty

Thousand Dollars ($30,000.00) to Shaw through her legal counsel.

3. ACKNOWLEDGMENT AND REPRESENTATION BY SHAW

Shaw acknowledges that the payment described in paragraph 2 of this Agreement is not

available to her under any policy or practice of Shawnee County, and is a payment she can

receive only if she accepts this Agreement, and she abides by the tenns ofthis Agreement.

By signing this Agreement, Shaw further acknowledges that she has been given a

reasonable amount of time to study and consider whether or not to accept the settlement reflected

Settlement Agreement and Release Page II

in this Agreement, and whether or not to sign this Agreement and she has been advised by and

has consulted with her own attorney regarding this Agreement

4. RELEASE AND WAIVER OF CLAIMS BY SHAW

Shaw releases and forever discharges Shawnee County, and any and all of the successors,

assigns, past and present employees, officers, subsidiaries, divisions, agents, affiliates, and

attorneys from any and all claims, demands, suits, or causes of action of any nature whatsoever;

including claims for attorney fees; whether now known or hereinafter discovered regarding the

subject matter of this Release and/or any claims that Shaw could have pursued, whether now

known or hereinafter discovered as of the date of the signing of this Release. Without limiting in

any way the generality of the foregoing general release, Shaw specifically acknowledges and

agrees that this release and discharge includes any and all claiirul brought in accordance with 42

USC §1983 and any claims brought that are subject to the Kansas Tort Claims Act.

Shaw understands and agrees that by accepting and signing this Agreement, she is forever

giving up and waiving any claims she may have against Shawnee County, and the others

described above, for any conduct or omission relating in any way related to the subject matter of

this release.

By waiving and giving up such claims and rights, Shaw understands and agrees she is

releasing Shawnee County from any liability or obligation for any expenses, damage, loss, or

injury, she might have claimed or suffered based on, among other things, the following:

a. Any policy, practice, contract, or agreement of Shawnee County;

b. Any tort or personal injwy;

c. Any laws governing violation of an individual's constitutional rights, including but

not limited to 42 U.S.C. §1983;

d. Any laws that provide for punitive, exemplary or statutory damages or penalties; and

Settlement Agreement and Release Page 12

e. Any laws or agreements that provide for payment of interest, attorney fees, costs, or

expenses.

Shaw agrees to immediately withdraw and release with prejudice all claims against

Shawnee County.

5. NON-ADMISSION OF LIABILITY

Shaw acknowledges and agrees that neither the payment reflected in this Agreement, nor

anything in this Agreement, is meant to suggest that Shawnee County has violated any law or

that Shaw has any valid claim against Shawnee County. Shaw acknowledges and agrees that

Shawnee County does not admit to any wrongdoing of any nature and admits no liability for any

of the allegations made by Shaw.

6. TAX CONSEQUENCES OF THE AGREEMENT.

Shawnee County makes no representation or warranty, and provides no advice, regarding

the tax consequences, if any, of this Agreement. Shaw is advised to consult with appropriate

legal counsel regarding any tax implications of this Agreement.

7.PRIVACY

Shaw and Shawnee County agree that Shaw's claims are of a personal nature where the

public disclosure thereof would constitute a clearly unwarranted invasion of Shaw's

personal privacy.

8. ENTIRE AGREEMENT

Shaw acknowledges and agrees that this document accumtely and completely contains

the entire agreement between Shaw and Shawnee County. Shaw acknowledges that no other

promise or agreement of any kind has been made to or with her by any person or entity

whatsoever to cause her to sign this Agreement.

Settlement Agreement and Release Page [3

9. GOVERNINGLAW

This Agreement shall be governed by and construed in accordance with the laws of the

State of Kansas.

10. FINAL AND BINDING EFFECT

Shaw understands that upon signing of this Agreement, the terms and promises stated in

this Agreement are an actual contract, and not a mere recital of intent. Shaw understands that by

signing tills Agreement, she may be giving up legal rights.

11. NO REPRESENTATIONS BY SHAWNEE COUNTY

Shaw acknowledges and agrees that in signing this Agreement she is not relying on any

statements or representations made by Shavmee County or any of its agents or attorneys; but is

relying upon Shaw's own individual judgment and advice ofher own attorney.

12. VOLUNTARY AGREEMENT

By signing tills Agreement, Shaw represents that she has carefully read this entire

document and fully understands all of its tenns and conditions. Shaw acknowledges that she is

not coerced into signing this Agreement, and that she has entered into this Agreement knowingly

and voluntarily, and is signing this Agreement of her own free wilL

'/3P<-iv<- flkd~ Jt~ Barbara Mechllle Shaw

Settlement Agreement and Release Page 14

ACKNOWLEDGMENT

STATEOF ~ )

coUNTY oF SMwYLQ.L-- \ ss:

On this lJ£__ day of no vern l2if , 2018, before me personally appeared Barbara Mechille Shaw, to me knowo to be the person described herein and who executed the foregoing instrument and acknowledged that she voluntarily executed the same.

(c;(Lwll-Jh NOi8J.y Public ~

My Appointment Expires:

ACKNOWLEDGMENT BY COUNSEL FOR PLAINTIFF

As attorney and counsel for Shaw, the undersigned attorney acknowledges that he and his

client have had a reasonable time to review and consider this Settlement Agreement and Release;

that he has carefully reviewed it with Shaw; and that he has provided advice to Shaw about the

same prior to signing this Agreement.

KS BAR # 26673 Attorney for Barbara Mechille Shaw

Settlement Agreement and Release Page 15

STATE OF

COUNTY OF

Kevin J. Cook, Chair Board of Commissioners for Shawnee County, Kansas

ACKNOWLEDGMENT

) ) ss: )

On this day of 2018, before me personally appeared Kevin J. Cook, Chair of the Board of Commissioners for Shawnee Cmmty, Kansas, to me known to be the person described herein and who executed the foregoing instrument and acknowledged that she voluntarily executed the same.

My Appointment Expires:

STATE OF

COUNTY OF

Notary Public

Attorney for Defendants

ACKNOWLEDGMENT

) ) ss: )

an this J'll" day of Wo~ t!Y\w , zo1s, before me personally appeared James M. Crowl, Attorney for the Board of Commissioners for Shawnee County, Kansas, to me known to be the person described herein and who executed the foregoing instrument and acknowledged that he/she voluntarily executed the same. %

~-cf-22·~··· . ~ v~

***end of document***

4_ Megan L. Barrett NOTARY PURUittS~Atf: OF KANSAS MY APf'T EXP II < f.q_~

I

Settlement Agreement and Release Page J6

0 November 27,2018

TO:

FROM:

Board of County Commissioners of the County of Shawnee, Kaosas

Linda K. Ochs, Director eX /D

!j/=-Shawnee County Health Department -:;]..

Linda K. Ochs, Director 7 2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696 www.shawneehealth.org

RE: CONSENT AGENDA: Request permission to enter into contract with Kansas Health Information Network

Action Requested: Permission to enter into contract with Kansas Health Information Network (KIDN) to build an interface for integrating with Custom Data Processing, Inc. (CDP) ezEMRx software for a one-time <ost of $1,500.00.

The Shawnee County Health Department currently participates in KHIN for providing a method to securely convey patient health information to better coordinate care between providers. The use of electronic medical records and health information exchanges provide for better audit trails of information shared, speeds up corrununication among providers, and works toward reducing staff time associated with faxing and emailing.

In addition, the system will provide for better access to vital information so the most appropriate level of care can be administered during emergency situations or when information is not readily accessible. Participating in KHIN is monitored closely to ensure secure access to protected health information by authorized individuals only.

LKO!klw Attachment C: Betty Greiner, Director of Administrative Services

Pat Oblander, Director of Information Technology James Crowl, Sha~ee County Counselor Edith Gaines, SCHD Finance Officer Carrie Delfs, Clinical Services Division Manager

Leading the Way to o Healthier Shawnee County

I. Introduction

PURCHASE ORDER (KHIN Implementation)

Special Order Implementation

SHAWNEE COUNP CONTRACT ,it C&.a..UI(

This Purchase Order ("Purchase Order") is effective on November 5 , 20J..L (Effective Date) by and between Kansas Health Information Network, Inc. (KHIN) and Shawnee Coonty Health Department (Participant) for the services described below (Services).

Participant and KHIN agree that this Purchase Order is an exhibit to and incorporates herein by reference all terms and conditions of the Participation Agreement between KHIN and Participant dated January 14 , 20__U__ (the Agreement) except to the extent specifically and expressly

modified in this Purchase Order for the Services. KHIN and Participant expressly acknowledge and agree to the terms and conditions set forth in this Purchase Order which describes the deliverables and fee for the Services that are in addition to the services and fees set forth in the Agreement. KHIN agrees to provide the Services described in this Purchase Order. Participant agrees to pay the fee set forth in this Purchase Order.

II. Interface Senrices

KHTN agrees to provide the following [nterface Services subject to the tenns of this Purchase Order:

• Technology Assessment to determine necessa-ry interfaces to accomplish data exchange and analytics.

• Delivery of [nterfaces between K1llN and Participant necessary for data exchange and standard data dashboards.

III. Fees/Invoicing

Participant agrees to pay KHIN the Interface Fees set forth below for the interface types chosen:

A. Interface Fee.!i. The lntetface Fees below are nonRrefundable and are due and payable to KHIN at the time of Participant's User Acceptance Testing. Participant agrees to pay KHlN such Interface Fees at the time of Participant User Acceptance Testing. Additional interface fees may be charged to the PartiCipant if, for instance, the Participant changes electronic medical records (EMRs) or requests changes that necessitate the purchase of additional interface services or products.

Instructions: Select all Interface Types required, and total the fees.

$ 0.00

Total Amount Due at User Acceptance Testing $ 1,500.00

20170209v Page I of2

B. EMR Fees. Participant understands that Participant's Electronic Medical Record ("EMR") vendor may charge additional fees such as interface, maintenance, or service fees associated with health information exchange and analytics, including but not limiled to fees associated with building interfaces betv-leen Participant's EMR and the health information exchange and other fees associated with health information exchange and analytics. Participant agrees to be solely responsible for additional EMR. fees. Participant agrees KHIN has no obligation to pay for such EMR fees. Participant agrees to confirm E:MR vendor f~es Participant may incur prior to signing this Purchase Order.

IV. Term and Termination

This Purchase Order is effective on the Effective Date and continues until the Purchase Order or the Agreement is tenninated pursuant to the terms of the Agreement.

V. Acceptance and Authorization

By signing below, KHIN and Participant agree to the above tenns and conditions of this Purchase Order. This Purchase Order expires if not signed and returned to KHIN within thirty (30) days of receipt. This Purchase 0Jder is not binding or effective l.Ultil signed by both parties.

Kansas Health Information Network, Inc,

By: ~~:::;~nature) Name: Laura McCrary. Ed.D

(Print) Title: Executive Director

Date: NovemberS, 2016

20170209v

Participant BOARD OF COUNTY COMMISSIONERS

SHAWNEE COUNTY, KANSAS

By: ------,--c--:-=----,----­(Authorized Signature)

Name: Kevin J. Cook (Print)

Title: Chair

Date: ______________ _

Page 2 of2

Rev. I 0/lO I S ATTACHMENT TO

Sa.\.WNEE COUNTY COi'rJ'RACT C ___ _

CONJ'RACTITAL PROV1SlON$ ATIACHMENJ The undonigm:d pwti~ agrt(' that the follcrwing provisions "'"' h=reby inccr!lOJ'ated into the contr8Ct to which it i~ attached aud made 11 part thereClf, said ooptract being dated the ___ "" of ____ ~ __ _____, 20 __ .

l. 'fERMs HEJU:IN COtiTROLLING PRoy!SIQNS. It is cxprtS:lly agreed thai the terms of each and eYer}' provi:liQn in this attachment shall pw;ail and Wlllrol<JV=r the tcnrll of .tllY othcl- coo:flicting [)T()Vision in any other document relating 10 and n part llf the contract in which this ~ttadtment is incorporated.

2, AGREEMENT WITR KANSo\S LAW, lt iS ~gree-d by and between tile unde~igned that all tlisputes and mattm whMSoever arising under, in co~nection with or incident to thi~ contract shall be litigated, if at all, in and before 11 Court loc~ted in the State of Kansas, U.S.A, tCJ the exclusion of the Courts of any other st~tes I)T counlry. All contraaual ~t:l $hall be subject tQ, governed by, and oonstnJed accon:ling to the laws of lhe State ofKansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Be:>is Law, K.S.A. IQ-IlQI et .s~. If, in the ju.:lgmcnt of the Financial Administrator, Audit-Finance Office. sufficient funds are nClt appr<;~prillted to continue the function performed in this agreement fllld frn: tile payment of tbe charg!l~ hereunder, County may terminate this ~nt lit the end of its ~ummt fiscal yew, Ccrunty agrees to give written ootice Clfteminatlon to oontraeti)T atle~~SI thirty (30} days prior to llle end of its current fiSC~~! year. In the evl:'llt thi~ agrccmenl is terminflted pursuant to tilis pmag;rsph, County will pay to ll1e contractor all regular contractual payments incurred through !he l:'lld of such fiscal ye~~r The tr:rminadOJl of the- oontract pumwnt to this paragraph sllall PQt ca~ IUIYPCnalty IQ be charged 10 the County or the Cllntroctoc.

4. DISCLAIMER OF LIABILIIT. Neither the Connty of Shawne~ nor any department 11\crcof shall hold harmlo:ss or indemnify uny CQD!ractor for any liability wits. !soever_

5, A!fU·DJs£R!M!NA'ffi)N CuusE. The oontractor agrees: {a) to CQmply with the Kans<t'l Act Against Discriminlltion (K.SA 44-1001 et seq,) and tile Kansas Age DisaiminatOOn in Employment Mt. (K.S.A. 44-111 I c/ .seq_) and the llpplicablo:: provisions of the AmeriCIIlls With Disabilities Act (42 U.S.C. 12101 el seq.) [ADA] and to not discriminrue against any pe~>on beo;ausc of r=. ~ligion, color, sex, disability. nllti<;~nal origm or am:estty, or age in the admission of access to cq- trl:atment or employment in, its pwgrams or activities; (b) to include in all solicitatioos or advertisements for employees, the phrase "equal opportunity en1ployer"; (c} to comply with the reporting requirements set out in 'K.S.A. 44-1031 and K.S.A. 44·1ll5: (d) to include t~o:se pmvisipus in every subcontract or purchase ordc:t" so th31 tlley at(: Din ding upon !udi subcrmtraetor or veudor, (e) that a fail IlK to comply with the reporting requirements of(c) above or if the contractor is found guilty of any violation of such actS by the Kansas Human Rights COillmission, such violatioo slmll constitute a breiiCh of contract, (f) if the contrDoting agency dctermines that the COIIU'fiCIOr has vioiQ!ed applicable provi~ions of ADA, that violation shall constitute u breach .of contract; {g) if (e) or {f) oocurs, !he contract may be cancelled. termirrntctl or swpended in whole or in p!lrt by the County. Parties to thig conlract undcrstmld that subsectiO!Is (l:o) through (e) of this paragraph number 5 nre 110t applicMie to a contraelOr who employs fewer than four employees or whose corttraC! with the County totals S5,000 or less during this fi~ year.

6. ACCErtANCE OF cormu.cT, This contract shall not btl considered accepted, approved -or otherwise dt'r:ctive until lht required opprovels and ca1ifocatious have bem given and this is ~I!Jled by lhe 0031'd of Counly Commissl(me~ of !he County of Shawnee, Kllnsas.

7. ARBITRATrON, DAMAGES. WARRAN11IS. Notwithstarldillg any langu~~ge to the oonlra!y, no interpretation sha.ll be allowtd to find the County nos agr¢ed to tlinding l!fbitnltion, or !be pll)'Illel1t <Jf ~or penidties upon the OCCUITCll.ce of a contingency. Further, the County shall not agree to pay attorney fees 8lld late paymeut charges; and. no proviSlQIIS will be gmn efltct which attempts to C?:clude, modify, disclaim or otherwise atllmlpt to Hmit implied warranties of merchantllbility an\1 fitness for a particular puf[KISC.

8. RKPREsKNTATJYE'5 AlrrBpRITV To CONJ'll4C!. By signing this documeut, the ~1'<:: of ~ oon1n1-ctor thereby represents that sucll persru1 is duly authorized by the contractor to CJ~ecute this document on behalf Wthe contnl<ltor and that the contm:tor agrees to be bound by the provisions thereof.

9. RgPONSlBIJ.II¥ FOR TAXES. The Countr shall not be responsible fM, nor indemnify a. contractor for. lillY federal. state or local taxes which IIIII)' be imposed or levied up WI the Slltlject mllttcr ofthls corrlrllct

10 INSliRANCI:. Tire County shall ~ot be ~~ to purchase, any imurance against loss or dllmage to any personal property to which this o;ontract relates, nor shall tlus con!JU(;J require the County to establish a ~~clf-insurance~ fufl:d to protect against any such ltlss tlr damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A 75-Eitol e-t seq.). the vendor or lessor shill I bear the risk of any loss or dlllTiagc to any personal property ro which vendor or lessor holds ririe.

II. AUTOMA Tm Cy;.uyNG HoliSE VlCID. Shawnee County p~fcrs tfl pay its vend<lr invoices via electronic funds transfess through the nutomtlted clearing house (ACH) n~wk. Shawm:e County may rujUire vendors to accept payments via ACH. To initiate payment of invoices, vendors ~II execute th~ C<;~Ull!y's slalldanl ACH Vendor Pnym~nl Authorization ~ment Upon ~erificatioo of the dala provided, the Payment Authorization Agreement wiltl!lllnorizc the County to depos il paymeut foc services remlered or goods provided llimclly into vendor accounts with finmciat institutiOiiS. All payments sbaU be made in United Slates currency.

VENDOR/CONTRACTOR:

Tiffanie Hickman By:

Project Manager Tille;

11105/2018 Do<o

BOARDOFCOUNTYCO~~ONERS

SHA'WNEECOUNTY, KANSAS

Kevin J. Cook. Chair

Date:

ATTEST:

C}'llthia A. Beck, Shawnee C'ounty Clerk

-

RESOLUTION NO. 2018-..bb_

7/L .5

A RESOLUTION APPROVING THE TOPEKA FIRE DEPARTMENT'S

REQUEST To CHA:\GE THE ADDRESS FOR THE MA."NER CONFERENCE CENTER

SPONSORED BY COMMISSIONER COOK

"WHEREAS, the Topeka Fire Department has asked the Board of County Commissioners to change the address of the Maner Conference Center from 1717 SW Topeka Blvd to 1720 SW Western; and

\VHEREAS, Board believes that the change will help insure accurate and timely responses to emergencies occurring at the Maner Conference Center.

NOW, THEREFORE, The Board of County Commissioners of the County of Shavm.ee, Kansas, meeting in regular session on this_ day of 2018, does hereby resolve as follows:

1. For the reasons set 10rth in the attached letter from the Topeka Fire Department, the Board approves the request to change the address of the Maner Conference Center from 1717 SW Topeka Blvd to 1720 SW Western.

2. The Facilities Maintenance Director shall take all steps necessary to make the required changes to signage at the Maner Conference Center.

ATTEST:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

.... --------

Kevin J. Cook, Chair

Michele A. Buhler, Vice-Chair

Robert E. Archer, Member

Cynthia A. Beck, Shawnee County Clerk

Approved .. to Legality andForm:Oate fl-t..f-lf

~ ( (.1 ASST. CO. COUN LOR

DATE: November 20, 2018

TO: Board of County Commissioners

FROM: Bill Kroll, Facilities Maintenance Director

Shawnee County Facilities Maintenance

200 SE 7~ street Topeka, KS 66603

(785) 251-4490

BOARD OF CO. COMIVIiSSION ~TBLD DND PLD ACI<

DATE ;;,~,.,;;~,otl .

COUNTY l.! FRI( cpu.,L

SUBJECT: Request for approval to change address of the Maner Conference Center from 1717 SW Topeka Blvd to 1720 SW Western per request of the City of Topeka Fire Department to improve emergency response times of all first responders. (Letter from TFD attached}

Neither the Capitol Plaza Hotel or Kansas Expo Centre voiced any objections to this request. The only expense to Shawnee County will be minimal in the form of address numbers/signage estimated not to exceed $250,

Respectfully,

Bill Kroll Facilities Maintenance Director

October 30th, 2018

Mr. Bill Kroll

CITYoFTOPEKA Fire Depenmsnt 324 SE Jefferson Street Topeka, KS 66607·118.6 Tel: {786) 368-4000 Fu: (785) JEiS-4030

Facilities Maintenance Director Shawnee County

Subject: Maner Conference Center Address Correction

Craig G. Duke, Fire Chief www.topeke.org

The Topeka Fire Department has recognized the need for an address posting at the Maner Conference Center; there is currently no visible address. This building is most often associated with a SW Topeka Blvd address; although the nearest street is southwest Western Avenue. Zoning records, and geographical location, indicate this site would be more commonly associated with a southwest Western address. After discussing these possibilities over the past year, it was confirmed that an address could not be officially added to the zoned section, but that a posted address of 1720 SW Western Avenue, would be appropriate and acceptable in this instance.

In many instances, such as strip malls and large complexes, buildings are addressed internally by the property owner, and the City of Topeka Zoning has advised that internal mailing addresses that are created by the property owners are acceptable. The Topeka Fire Department will also acknowledge those addresses once they are posted, per Fire Code, on the building.

Currently, alarms dispatched to the Maner Conference Center are routed to 1717 SW Topeka Boulevard. While responding companies generally know the location of the Maner Conference Center, this cannot be relied on to provide a prompt emergency response. Staffing needs routinely assign officers and firefighters to different terrttories. Having reliable and accurate address assists in efficient emergency responses; we believe that the current address does provide that opportunity. A change in the posted address to this building, would enhance the response of emergency services, and would be crucial in the event of a true emergency. We would also ask that the current fire alarm monitoring address, be changed to reflect the 1720 SW Western address.

The Topeka Fire Department requires that address be posted from the street side, and that all fire related systems monitored and transmitted by dispatch reflect those addresses. In reference to the 2015/ntemationa/ Fire Code:

505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in

1 .

a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 112 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

Please consider this change to enhance our ability to respond in the event of an emergency.

If you have any questions, feel free to contact me.

Thank you,

Dylan Smith Topeka Fire Department Fire Inspector djsmith@topeka.org 785-368-4145

2

TO:

FROM:

RE:

DATE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

785-251-4155 Fax 785-251-4912 200 SE 7"' Street Room 107 www.snco.us Topeka, Kansas 66603-3963

MEMORANDUM

Board of Cou~tz-~issioners

i\ ~~)::"~·· Cynthia A.LBeck, County Clerk

Litigation

November 28, 2018

Ill

Please acknowledge receipt of Summons for the following cases 1n the District Court of Shawnee County, Kansas:

CASE NO: 2018CV000868 Wells Fargo Bank NA vs. Board of Corrunissioners of Shawnee County, Kansas et. al.; CASE NO: 2018CV000869 US Bank National Association - Trustee vs. Board of Commissioners of Shawnee County, Kansas et. al.

which were forwarded to

Attachment

received in the office of the the County Counselor on this date.

Shaw·nee County Clerk and

Wells Fargo Bank NA

vs. Leanne Griffith et. al.

-= ELECTRONICALLY FILED 2018 Nov 16 PM 4:00

CLERK OF THE SHAWNEE COUNTY DISTRICT COURT CASE NUMBER: 2018-CV-000868

SUMMONS

Chapter 60 - Service by the Sheriff

To the above-named Defendant/Respondent:

Board of County Commissioners Shawnee County

200 SE 7th St

Topeka, KS 66603

You are t)ereby notified that an action has been commenced against you in this court. You are required to file your

am;wer or motion under K.S.A. 60-212, and amendments thereto, to the petition with the court and to seNe a copy upon:

Shawn Michael Scharenborg

4220'Shawnee Mission Pkwy. Suite 2008

Fairway, KS 66205

within 21 days after seNice of summons on you.

Clerk of tr\e District Court

Electronically signed on 11/19/2018 11:06:28 AM

Documents to be served with the Summons:

PLE: Petition Petition for Foreclosure of Mortgage

Shawn Scharenborg, KS # 24542 Sara Knittel, KS # 23624 Dustin Stiles. KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 6314~ Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:GRIRON05

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

Wells Fargo Bank, N.A., Plaintiff,

VS.

Leanne Griffrth Serve at: 2812 SW Indian Trail Topeka, KS 66614

Robert A. Griffith Serve at: 2812 SWindian Trail Topeka, KS 66614

John Doe Unknown Occupant Serve at: 2812 SW Indian Trail Topeka, KS 66614

Case No.

Div.No. __ _

State of Kansas, acting through the Department of Revenue Serve at: 915 SW Harrison St. Topeka, KS 66612

The Board of County Commissioners, Shawnee County Serve at: 200 SE 7th Street Topeka, KS 66603

Defendants.

Petition Pursuant to K.S.A. Chapter 60

1

PETITION FOR FORECLOSURE OF MORTGAGE

COMES NOW, Plaintiff, Wells Fargo Bank, N.A., and for its cause of action against the

Defendants sta1es as follows:

1. Plaintiff is a corporation duly organized and existing by virtue of law.

2. Venue is proper in this District by Way of the subject matter, i.e., the foreclosure of a

mortgage on certain real estate located In the County of Shawnee, State of Kansas.

3. On or about May 4, 2012, Leanne Griffith, Robert A. Griffith [hereinafter uBorrower(s)"]

borrowed money from, executed and delivered to Wells Fargo Bank, N.A., a Note, payable in

monthly installments, in the original principal sum of $87,150.00, together with interest as

stated. A true and correct copy of ~he Note is attached and incorporated by reference as if fully

set forth as Exhibit 1.

4. As a part of the loan transaction and in order lo secure payment of the Note, Borrower(s)

executed and delivered to Wells Fargo Bank, N.A., a Mortgage of the same date upon the

following described real estate:

LOT 10, BLOCK 5, PARKLAND SUBDIVISION, A SUBDIVISION IN THE CITY OF

TOPEKA, SHAWNEE COUNTY, KANSAS.

known and numbered as 2812 SW Indian Trail, Topeka, KS 66614. The Mortgage was duly

recorded o'n May 1 0, 2012, in the Office of the Register of Deeds of Shawnee County, Kansas,

in Book 4993 Page 186. The Mortgage tax was paid. A true and correct copy of the Mortgage

is attached and incorporated by reference as if fully set forth as Exhibit 2.

5. Wells Fargo Bank, N,A. is the current legal holder oft1'1e debt, and possesses all rights,

including the right of enforcement of the Note and Mortgage.

6. On or about August 20, 2014, Leanne Grrrfith, Robert A Griffith [hereinafter ''Borrower(s)"]

reaffirmed the debt by, executing and delivering to Wells Fargo Bank, N.A., a Loan

2

US Bank National Association- Trustee

vs. Rita Charay- Deceased et. al.

·=ELECTRONICALLY FILED ·- 2018Nov16PM4:10

CLERK OF THE SHAWNEE COUNTY DISTRICT COURT CASE NUM(3ER: 2018-CV-OOOB69

SUMMONS

Chapter 60 - Service by the Sheriff

To the above-named DefendanURespondenl:

Board of County Commissioners Shawnee County

200 SE 7th St

Topeka, KS 66603

You are hereby notified that an action has been commenced against you in this court You are required to file your

answer or motion under K.S.A. 60-212, and amendments thereto, to the petition with the court and to seNe a copy upon:

Shawn Michael Scharenborg

4220 .. Shawnee Mission Pkwy, Suite 2008

Fairway, KS 66205

within 21 days after ser.tice of summons on you.

Clerk of the District Court

Electronically signed on 11/191201 B 11:17:50 AM

Documents to be served with the Summons:

PLE: Petition Petition for Foreclosure of Mortgage

~ t::LECTRONICALL Y FILED

_ ..... noorg, KS # 24542 _ r>.nlttel, KS # 23624

Dustin StUes, KS # 25152

2018 Nov 16 PM 4:10 CLERK OF THE SHAWNEE COUNTY DISTRICT COJ.iRI_ ___ ~

CASE NUMBER· 201r-CV-OR?B9.9.r:-:- 11 v 1~: [n') . \IQ)~·_,_j~:_ ____ J _:~~.['

Ko:zeny & McCubbin, L C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:CHARJOCW

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

U.S. Bank National Association as Trustee of NRZ Pass-Through Trust IX,

Plaintiff,

VB.

Rita C. Charay (Deceased) Serve at: No Summons to Issue Topeka, KS 88817

John Doe Unknown Occupant Serve at: 1737 SE Indiana Avenue Topeka, KS 66607

John Doe Unknown Spouse of Rita C. Charay Serve at: 1820 NE 46th Street Topeka, KS 66617

Case No.

Div.No. __ _

Unknown Heirs, Devisees and Legatees of Rita C. Charay Serve at: No Summons to Issue Topeka, KS 66607

The Board of County Commissioners, Shawnee County Serve at: 200 SE 7th Street Topeka, KS 66603

1

..• o \City of Topeka, a Municipal Corporation, acting by and through it's Department of Housing and Neighborhood Development a/k/a Department of Housing and Neighborhood Services Serve at: 215 SE 7th Street Topeka, KS 66603

Defendants.

Petition Pursuant to K.SA Chapter 60

PETITION FOR FORECLOSURE OF MORTGAGE

COMES NOW, Plaintiff, U.S. Bank National Association as Trustee of NRZ Pass­

Through Trust IX, and for its cause of action against the Defendants states as follows:

1. Plaintiff is a corporation duly organized and existing by virtue of law.

2. Venue is proper in this DiStrict by way of the subject matter, i.e., the foreclosure of a

mortgage on certain real estate located in the County of Shawnee, State of Kansas.

3. On or about December 12, 2002, Rita C. Charay (Deceased) [hereinafter "Borrower(s)"]

borrowed money from, executed and delivered to Conseco Bank, Inc., a Note, payable in

monthly installments. in the original principal sum of $32,300.00, together with int~res1 as

stated. A true and correct copy of the Note is attached and incorporated by reference as if fully

set forth as Exhibit 1.

4. As a part of the loan transaction and in order to secure payment of the Note, Borrower(s)

executed and delivered to Conseco Bank, Inc., a Mortgage of the same date upon the following

described real estate:

BEGINNING ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION

FIVE, TOWNSHIP TWELVE SOUTH, OF RANGE 16 EAST OF THE SIXTH P.M., 703 FEET

FIVE INCHES NORTH OF THE SOUTHEAST CORNER OF THE NORTH HALF OF THE

SOUTHWEST QUARTER: THENCE WEST 250 FEET; THENCE NORTH 125 FEET; THENCE

2

Shawnee County

Sheriff's Office Sheriff Herman T. Jones Law Enforcement Center

320 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603-3641

785-251-2200

MEMORANDUM

November 28, 2018

To: Shawnee County Commission

From: Sheriff Herman T. Jones

Re: Purchase of Animal Control Truck

We were notified by Davis-Moore the previously acknowledged vendor for our ACO truck purchase that they would not be able to deliver the vehicle as ordered for 12-18 months. Therefore, we will be changing vendors for our ACO truck purchase. We will be purchasing a 2019 Ford F-250 4X4 for Animal Control use, for $28,195.00. This purchase will be from Shawnee Mission Ford off of the State of Kansas contract.

We will use 2018 Budget funds for these purchases.

Please place this on your December 3, 2018 consent agenda.

If you have any questions please let me know.

Sincerely,

~~-, Herman T. Jones/ Sheriff.

Shawnee County

Sheriff's Office Sheriff Herman T. Jones Law Enforcement Center

320 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603-3641

785-251-2200

MEMORANDUM

November 28, 2018

To: Shawnee County Commission

From: Sheriff Herman T. Jones

Re: Vigilant

II/ y

We were notified by Turn-Key mobile that Vigilant had a 4 percent increase for our subscription to their license plate database. This subscription was previously acknowledged on January 9, 2018. Therefore, we will be paying Turn-Key Mobile Inc $10,395.00. We will use 2018 Budget funds for these purchases.

Please place this on your December 3, 2018 consent agenda.

If you have any questions please let me know.

Sincer,. "

~~-hr Herman T. Jo,;--.,S:- ,--..._ Sheriff.

Entered in Ledger:. ________ _ IF AS PO--------

REQUEST TO PURCHASE SHAWNEE COUNTY SHERIFF'S OFFICE

320 S. KANSAS AVE. SUITE #200 TOPEKA, KANSAS 66603·3641 PHONE 785-251-2200 FAX 785-251-2385

Date Requested by: Sgt. Glenn Hawks/447 61l/4tf1 Division _C>clc=Dc_ ____ Subdivision -'D"'E"'U"---- Initialed

Phone No.

Date

~E~x~t~2~2~32~-- Approved

_1.c.1ccl0"6"12"0'-'1"-8 __ Approved

Approved

Approved

D Denied

D Denied

w Denied

Denied

D By Sgt

D By U:

D By Capt 11-7--t?'

D By Major:

Approved

Approved n PAID WITH

ill' CREDIT CARD

D By UIS·

lj, t::J. ill /Uttff

if' Denied 0 By Sheriff: • -~ £-/f --« Key Code Sheriffs Bud t Object Code 50210- Fees Services

Denied

QUANTITY ITEMS (DESCRIBE FULLY) UNIT PRICE AMOUNT 1

Vigilant Solutions Investigative Data $10,395.00 $10,395.00 Platform. One year Subscription for

51 to 100 sworn officers to access $0.00 CommerciallPR Data

Quote/Proposal attached $0.00

$0.00

,4,-,A. ,\,t -1. J ... ~1-<. .., 1. §/ $0.00

/, - .L J .J.,t,,, •AA I ... /1. 11. $0.00

.LJ. "'1., !U . ./ ... .L .1 ·~ /<;.~ i<u . ) $0.00

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$0.00 -

$0.00

Order# TOTAL $10,395.00

BIDS Vendor Name & Phone# AMOUNT

Turn-Key Mobile, Inc. 1 (573) 893-9888 $10.395.00

Name Here 2 Phone# Here

Name Here 3 Phone# Here

_Q_~_':!_c~andlse ordered by/date: IF AS PR #:

D Merchandise partially received by/date:

D Merchandise comphttely received bytdate: 0 Services Rendered -·

Name I Address

Shawnee CoUllty Accouots Payable 320 S Kansas Suite 200 Topeka, KS 66603

Turn-Key Mobile, Iuc. 210 Prodo Drive Jefferson City, MO 65109

573-893-9888 Office 314-754-9794 Fax

Sales Rep Prepared By PO#

BH T<rry

Item Descnption

VS-IDP-01 Vigilant Solutions Investigati~e Duta. Platfonn- Annual Subscription for 51 to 100 Sworn Commercial LPR Data acooss

o Access to a.ll Vigilant commcrci<llly il~ljuired natiunul vehicle location data

o Unlimited usc by authorized agency pcr:;olli\cl!u cumpl~k suite of LEARN datil analytic~

o lodudes full u~~ ufhu~ledlmanugcd LPR ~tn~r ac~ullnl viu LEARN FaceSearch with Vigilant Image Gallery Access

o Access to all agency/shared images and Vigilm1t Image Gallery

o Unlimited use by authorized agency personnel to all FaceSearch tools

o Image gallery of up to 5,000 images

•*"11-28-lSto 11·27-I'J-*•

Proposals are good for 30 days. Please ask your rep for Total updated pricing and availability.

Shipping is included. Signature

Proposal Dale Proposal#

7126/2013 21997

Accepted By

Q\y Rate Total

I 10,395.00 10,395_()0

$10,395.00

Agenda Item

Shawnee County Board of Commissioners

&0 ~

Date: November 28, 2018

Project No: CU18/06

Applicant: McCollum Family Trust

Document: Resolution

Contact Person: Barry T. Beagle, Director

Regarding: Conditional Use Permit

J3 I

Description: Requesting a Conditional Use Permit to establish a Bed and Breakfast Inn on property currently zoned "RR-1" Residential Reserve District and located at 3521 SE Paulen Road in Tecumseh Township. The Planning Department recommended this request be conditionally approved as referenced in the attached report dated November 13, 2018.

Planning Commission Recommendation: The Planning Commission considered this request on November 13, 2018, and by a vote of 2-2-0 failed to make a recommendation which is deemed to have made a recommendation of Disapproval. Please see the Commission's attached report.

County Commission Action: Consideration by the Board of County Commissioners and decision to adopted accompanying resolution on: December 3, 2018.

RESOLUTION 2018-_jlaa."J-/----

A RESOLUTION DISAPPROVING A CONDITIONAL USE PERMIT

SPONSORED BY COMMISSIONER COOK

WHEREAS, IN ACCORDANCE WlTII K.S.A. 19-2960 AND THE ZONING REGULATIONS, SHAWNEE COUNTY, K.ANSAS.

TillS RESOLUTION HEREBY DISAPPROVES A CONDillONAL USE PERMIT FOR THE FOLLOWING DESCRIBED REAL PROPERTY FOR THE PURPOSE OF ESTABLISHING A BED AND BREAKFAST INN ON PROPERTY ZONED "RR-1" RESIDENTIAL RESERVE DISTRICT AND LOCATED AT 3521 SE PAULEN ROAD IN TECUMSEH TOWNSHIP, AND LEGALLY DESCRJDED AS FOLLOWS:

A tract of land in the Southeast Quarter (SE 1/4) of Section Fourteen (14), Township Twelve (12) South, Range Sixteen (16) East of the 6th P.M., in Shawnee County, Kansas, consisting of79 1/2 acres, more or less, less 13 parcels of land, less the West 1,313 feet of the remaining tract. More particularly described as follows; Beginning at the Southeast comer of the Southeast Quarter (SE 114) of Section Fourteen (14), Township Twelve (12) South, Range Sixteen (16) East of the 6th P.M., in Shawnee County, Kansas, thence North 1,234 feet to the point of beginning, thence West 655 teet, thence South 451 feet, thence West 256 feet, thence North 36 feet, thence West 429 feet,. thence North 465 feet, thence East 1,345 feet, thence South 60 feet to the point of beginning, containing 8.3 acres, more or less, subject to easements and rights of ways ofrecord.

WHEREAS, the Shawnee County Planning Commission failed to reconunend the Conditional Use Permit by a vote of 2-2-0 on November 13, 2018, which is deemed to be a recommendation of Disapproval.

WHEREAS, the Board of Conunissioners concurs with the reconunendation of the Planning Commission and finds the Conditional Use Pennit lo establish a Bed and Breakfast Inn will be incompatible with area property ¥1itllln the context of the surrounding residential community.

NOW THEREFORE, it is the determination of the Board of Commissioners that the requested Conditional Use Permit be denied.

DATE: _________ ,, 2018.

Kevin J. Cook, CHAIR

Michele A. Buhler, VICE-CHAIR

tJII to 1 ~9!'P.f ... : to~,~

liHSELOR ~ Robert E. Archer, MEMBER

ATTEST:

COUNTY CLERK, Cynthia A. Beck

APPLICANT: McCollum Family Trust CASE NO: CUlB/06

CONDITIONAL USE PERMIT REPORT

OF THE

Shawnee County Planning Commission

CASE NO.: CU18/06 BY: McCollum Family Trust

REQUESTED ACTION: Establish a Bed and Breakfast Inn

IN ACCORDANCE WITH APPLICABLE STATUTES AND LOCAL RESOLUTION, THE PLANNING COMMISION HELD A PUBLIC HEARING ON NOVEMBER 13, 2018 TO CONSIDER THE ABOVE IDENTIFIED PROPOSAL TOGETHER WITH THE FACTS, CONDITIONS, TESTIMONY, AND THE REPORT OF THE PLANNING DEPARTMENT.

BASED THEREON, THE PLANNING COMMISSION, BASED ON AN AFFIRMATIVE MOTION TO APPROVE AS RECOMMENDED BY STAFF, VOTED 2-2-0 RESULTING IN A RECOMMENDATION OF DISAPPROVAL. (COMMISSIONERS AUBERT, FISHER, AND DESCH ABSENT)

SUMMARY STATEMENT OF PLANNING COMMISSION: Four (4) area property owners spoke in opposition to the proposal primarily in reference to social events being accommodated in conjunction with the bed and breakfast inn. Residents cited concerns about increased traffic on SE Paulen Road, dust generated by the increased traffic, affect of facility operation on area water pressure, noise from on-site activities, affects of people bringing alcohol to events, and headlights from exiting traffic shinning into the home directly opposite the applicant's drive. The Planning Commission split in its consideration of this proposal resulting in a 2-2 tie vote. If the request was restricted solely to the operation of the bed and breakfast inn consisting of four (4) guestrooms, there would be no concern about its operation and affect on neighboring property. The accommodation of social events in conjunction with the operation of the bed and breakfast inn is what generated differing viewpoints among the Planning Commission members concerning compatibility.

MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018- 6:00 PM Shawnee County Annex

Roll Call and Announcement of Hearing Procedure: Judy Moler, Chair, called the meeting to order at 6:04p.m., reviewed the hearing procedure and asked for roll call to be taken.

Members Present: Judy Moler, Matthew McCurry, Chad Depperschmidt and Christi McKenzie. With four members present, a quorum was established.

Members Absent: Brian Aubert, Jerry Oesch, Jake Fisher.

Staff Present: Barry T. Beagle, Planning Director; Joelee Charles, Administrative Assistant; and, Joni Thadani, Assistant County Counselor.

Approval of October 8, 2018, Public Hearing Minutes: Ms. McKenzie moved to approve the October 8, 2018, Public Hearing minutes, seconded by Mr. Depperschmidt, and with a unanimous voice vote, the minutes were approved.

Communications: Mr. Beagle stated three additional communications were provided to them as well as those included in the agenda packet.

Ex Parte Communication by Members of the Commission: None were indicated.

Declaration of Conflict of Interest by Members of the Commission or Staff: None were indicated.

Zoning and Subdivision Items:

1. CU18/06 by McCollum Family Trust seeking a Condilional Use Permit to eslablish a bed and breakfast inn on property zoned "RR-1" Residential Reserve District and located at 3521 SE Paulen Road in Tecumseh Township.

Mr. Beagle stated the applicant is requesting to utilize 8.3 acres of their total 30.40 acre tract in order to use their home as a bed and breakfast inn and their 1,344 square foot barn for social events. The remaining 22.1 acres will continue to be used for agricultural purposes. The property is located on the fringe of residential development extending east of Lake Shawnee. The area consists of platted subdivisions, individual rural residential home sites and large undeveloped agricultural tracts. It is anticipated to continue to transition for primarily low density residential land use.

The bed and breakfast inn would include up to four guest rooms. Areas of the home would be shared by guests. There would be no change to the exterior appearance. Events such as weddings, receptions, parties, business engagements, etc. would be held in the barn located south of the dwelling. Up to five events per month could be scheduled by prearranged lease and held on any day of the week between 9 a.m. to 10 p.m. No more than one event would be held at one time. The Shawnee Heights Fire District set the maximum occupancy for the barn to 90 people.

Two outdoor areas located by the barn could be used but no outdoor sound amplification is allowed. A four foot wooden privacy fence is proposed to be built along the south side of the entrance drive for the first 125 feet into the property in order to shield the house immediately south of the drive from headlights of southbound vehicles turning into the property. A 33 stall gravel parking lot is proposed to be built near the north property line. A two foot high guard rail will be installed along the north property line at the parking lot to contain traffic movements.

Given the size of the parcel, setback from adjacent property lines and physical separation from nearby residential property, it is not anticipated that the combination of social events in conjunction with the bed and breakfast inn will have an adverse impact on neighboring property. Overall the Planning Department finds the operation of the bed and breakfast inn to be consistent with its setting; however, to maximize compatibility with neighboring property, the Planning Department recommends the CUP be approved subject to the conditions outlined in the staff report.

With no questions for Mr. Beagle, Ms. Moler called Mr. McCollum to make his presentation.

Page 1 of 13

MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

Rod McCollum, 3521 SE Paulen Road, Topeka, KS 66605. • Originally submitted a letter with details of the operation. Submitted a new letter recently with

changes based on the neighbors' concerns. • Will pave the driveway from his initial profits due to the concerns about dust off the driveway. • Not trying to optimize a business plan to make lots of money. Wants to make a retirement income

so he can five on the same property that he was born and raised on. • Wants to schedule one wedding on a Saturday afternoon. The other events would be more for

charity and neighbors that he can help. • Would provide some jobs for high school students. • Would generate local dollars and generate more tax dollars. • The barn has been renovated. The west end of the barn would be used for the business. • Weddings would be held on the bottom deck. Guests could sit outside. A tent would be available to

keep them out of the weather. • The upstairs portion of the bam would be used by guests to get ready for weddings. • Was not sure if the barn would be viable for use in the cooler months since it was a smaller barn. • Wants to preserve the small barn and decorate it similar to Cracker Barrel. • The barn is located about a quarter mile from Paulen Road and cannot be seen since it is in a valley. • The western part is surrounded by trees. • Outside activities would be kept in the west area. • Additional trees could be planted. • Asking for patience and understanding and if he is allowed to share his property, he could grow old

and die where he was born and raised.

Ms. McKenzie asked when the business would open. Mr. McCollum is planning for it to be available in the middle of April2019. Originally, he wanted to build another home after taking care of his mom and dad but found out he could not have two houses on the same driveway.

With no further questions for Mr. McCollum, Ms. Moler asked if anyone wanted to speak in favor.

Tony Arbaiza, 4125 SE 341h Terrace, Topeka, KS 66605.

• Lived at his home for over twenty years and has enjoyed the view from his deck overlooking the McCollum property, including the barn, which is close in proximity.

• Met with Mr. McCollum and was provided a tour. A lot of work was completed. • Thought it would be nice for special events. • Spoke with some young people recently about Mr. McCollum's plans. These event centers were in

high demand. Knew someone who has to wait until the spring of 2020 for their venue to get married. • Thought it was a good business model. • The alternatives of possibly losing the view, dealing with months of construction, lower property

values and the loss of a good neighbor didn't sound too good to him. • Thought Mr. McCollum's request was very reasonable. • With self imposed limits, disturbances and the impact to the neighborhood will be minimal. • Hoped Mr. McCollum would be given the opportunity to make his plan become a reality.

With no further comments in favor, Ms. Moler asked if anyone wanted to speak in opposition.

Kirk Behymer, 3625 SE Paulen Road, Topeka, KS 66605. • Concerned about increased traffic on Paulen Road, decreased water pressure, who would enforce

the curfew and the number of events per month. • Asked if people would park on Paulen Road during inclement weather. • The paperwork states events would conclude by 10 p.m., with a maximum of five events per month.

Has never been to a wedding reception that concluded by 10 p.m.

Mr. Depperschmidt asked who would enforce the rules. Mr. Beagle stated events would be self enforcing. The proposed 33-stall parking lot should be sufficient for up to 90 guests based on the

Page 2 of 13

MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

average of three persons per vehicle so parking on Paul en Road is not anticipated. Offsite parking is not allowed. If an applicant is not operating according to the conditions, any infringement or violation should be reported to the Planning Department. An investigation would be completed to determine if that is the case. If so, the Planning Department would work directly with the property owner on the issue. However, if there is a repeated offense with regard to one of the conditions, the Planning Department would require another public hearing to revoke the Conditional Use Permit. Up to this point, no CUP has ever been revoked. Also, the maximum number of people per event is 90.

Juan Barranco, 3513 SE Paulen Road, Topeka, KS 66605. • Concerned about entertainment on the deck with the use of outside speakers, the dust generated

from the gravel driveway, the glare of the headlights and tree line. • Has lived on his property for 20 years with his wife who is retired. He is semi.retired. • His home has been broken into three times. • Didn't think Mr. McCollum was aware of two incidents in the back and front yards where people were

four wheeling. There is no fence line to keep people from crossing onto his property. • A 125 foot privacy fence is proposed but his driveway is 250 feet. • In the last 20 years, has paid approximately $50,000 in taxes. • Didn't think it was a good idea. The neighborhood is peaceful. • Concerned about what will happen when the residence is sold. • Concerned about a fire in the barn and if a sprinkler system was included. • Concerned about underage drinking and how the use of alcohol would be monitored. • Concerned about the placement of neon signs and lights down the driveway.

Mr. Beagle stated the use of speakers outdoors would not be allowed per the bed and breakfast regulations. Mr. Depperschmidt and Ms. McKenzie had questions about the privacy fence. It was determined that the placement of the fence was to block the headlights.

Doug Zerger, 3520 SE Paulen Road, TopeKa, KS 66605. • Lives across the street with his wife and children on four acres that was purchased in 2002. • Thought their driveway would potentially be impacted the most. • Concerned about their children's safety with the increase and duration of traffic. • Concerned about the headlights shining onto their house all night long. • Heard that hedge trees might be placed in their front yard which would block their view. • Their living room and their boys' bedroom is located in the front of the house. • Concerned about security and the people driving in the area.

Darla Zerger, 3520 SE Paulen Road, Topeka, KS 66605. • Concerned about alcohol being served and people driving impaired and who was responsible for

monitoring that. • Concerned about their kids driving four wheelers with the increased traffic.

Cleo Roehrman, 3545 SE Paulen Road, Topeka, KS 66605. • Purchased his land from Mr. McCollum's father who placed numerous restrictions on the land

because he wanted it for homes for families. • Building a home in 2019 on the lot located between his current property and Mr. Barranco's. • Will also be affected by the dust, lights, noise, etc. • Against the proposal because 23 years ago he moved out there to live in the country.

With no further comments in opposition, Ms. Moler asked if Mr. McCollum had a rebuttal.

• Rod McCollum, 3521 SE Paulen Road, TopeKa, KS 66605. • In response to the concerns about dust. the driveway will be paved once enough revenue is raised. • There are lots of houses on gravel roads and they are dusty. • A barricade could be added so traffic can only turn left.

Page 3 of 13

MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

• A sign could be placed along the driveway to keep speeds down. Any literature would have directions that would bring guests in from 29~~'~ Street.

• Did not plan to have a liquor license and preferred no alcohol. The person dispensing the alcohol will be responsible.

Ms. Moler closed the hearing and asked for discussion. Mr. Depperschmidt indicated these cases were difficult for him. He supports landowner rights when it does not affect others. He had no issue with the bed and breakfast Ms. McKenzie agreed that this was difficult. There were various issues to consider such as the driveways and lights. With no further discussion, Ms. Moler asked if anyone had a motion.

Ms. Moler reopened the hearing. Mr. Depperschmidt asked Mr. McCollum if he would consider just having a bed and breakfast. Mr. McCollum didn't think the bed and breakfast would generate enough business without weddings bringing in out of town guests. In regard to the driveway across the street, if the cars turn to the left there would be no swiping from the headlights. He could stand up there to make sure the cars turned left. It would be one of the jobs for the high school students. Ms. Moler closed the hearing.

Mr. Depperschmidt moved to approve the Conditional Use Permit with the specified conditions, Mr. McCurry seconded the motion. Ms. McKenzie asked for the hours of operation. Ms. Moler said it would be open from 9 a.m. to 10 p.m. With a vote of 2-2-0 (Mr. Depperschmidt and Ms. Moler dissenting), the Conditional Use Permit was disapproved.

Mr. Beagle stated the case would be heard by the County Commission on Monday, December 3, at 9 a.m. The case is being recommended for disapproval by a 2-2 vote.

2. CU18/07 by Kenneth Brian & Karissa Boyd seeking a Conditional Use Permit (CUP) to eslablish a Reception, Conference & Assembly Facility on property zoned ~RA-1" Rural Agriculture District and located at7711 SW 61 51 Street in Auburn Township.

Mr. Beagle stated the 120-acre property is largely used for agricultural purposes with the majority of the land leased for cattle and for game. Two agricultural buildings sit on the property. The residence that once occupied the property was destroyed by fire in 2013 and not replaced.

Since the purchase of the property in 2015, they have allowed various organizations to use the property. Operating under the name of The FARM Ministries, it is a 501(c){3) corporation. It is the applicants' intent to use the property primarily for spreading the gospel and see this as a ministry opportunity.

The property is located two miles west of Washburn Rural High School in a rural area with a mixture of large agricultural tracts and residential home sites. An exception to this pattern and development is the residential subdivision of South Pointe Bay. This area has experienced a gradual transition from predominantly agricultural land use to rural residential land use over an extended period of time.

The proposed reception, conference and assembly facility would consist of both ministry functions and fundraising events. Whereas the ministry is the primary purpose for use of the property, the applicants propose to allocate a small amount of time for fundraising events since the primary goal is to provide support and funding for the ministry operations. Churches, schools, businesses and other non profits would be invited to host day retreats, seminars or other events such as weddings about once a month.

The three components that basically comprise the subject property are agricultural operations, ministry activities and fundraising events.

The agricultural use of the land is not subject to the Conditional Use Permit but it is a viable part of the 120-acre parcel. A majority of the property will continue to be leased for cattle and hay. The south and southwest portion, approximately 70 acres, is fenced off for cattle. Other farm operations include a small fruit tree orchard, raised vegetable garden planting beds, chicken coops, apiaries and honey collection.

Page 4 of 13

MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

Ministry activities is included as part of the Conditional Use Permit. Since acquiring the property, the applicant has allowed various church and ministry groups to use the property for baptisms, youth group meetings, women's gatherings, scouting troop meetings, Christian school sport practices, etc.

Most ministry activities will take place in the south metal building known as the barn. Activities will occur, on average, one day a week from 8 a.m. to 11 p.m. on given day of the week.

The north metal building known as the gym building is used for pick-up basketball games which occur three nights a week between the hours of 7-9:30 p.m. The hours may be extended to 6 a.m. to 9:30p.m. if a morning workout group is started.

There are two defined outdoor activity areas. The south/southwest outdoor venue area comprises 70 acres and will be fenced off to confine cattle. The use of this area will be limited to ministries, families for fishing and hunting about one day a week from April to November.

The north/northeast outdoor venue area is a smaller area consisting of 50 acres including two metal buildings, the orchard, the garden planning beds, apiaries as well as a three acre pond and a nature walking trail. The majority of the outdoor activities would be found in this area between April and November between the hours of 8 a.m. to 10 p.m. on Sunday through Thursday, as well as from 8 a.m. to 11 p.m. on Friday and Saturday. Ministry uses would include church picnics, Easter celebrations, Pioneer boys club outings, scouting events/campouts, school field trips, 4-H club events and a variety of other things.

Another part of the Conditional Use Permit includes fundraising activities. The applicant is proposing to appropriate a small amount of time for fundraising events with the primary goal of funding the ministries. The barn would be the primary location for fundraising events consisting primarily of weddings. They would hope to host up to but not more than 12 weddings per year. Should the number of weddings not be realized, it would be used for receptions which would be fewer still but also could accommodate such things as birthday and holiday parties, showers, etc. Such activities were anticipated to be less than one event per month during the hours of 8 a.m. to 11 p.m.

The gym would also be used for fundraising events but less frequently. It could be used for corporate team building exercises and fundraising tournaments.

The north/northeast outdoor venue area may also be used for fundraising events but would be limited to only a few days annually for weddings. Other possible fundraisers include business patron appreciation barbecues, catered events, receptions, family reunions and retirement celebrations. Most of these events would be confined to the west shore of the three acre pond which is 360 feet west of the east property line and in the area immediately east of the barn.

Both the ministry and fundraising functions are intertwined and sometimes difficult to separate considering the different days and hours of operation depending upon the activity and its location.

In order to understand the full scope of activities, staff is recommending the proposal be evaluated as a whole as opposed to breaking it down and evaluating the separate component parts of ministry and fundraising activities. Both generate land use activity that is capable of generating offsite impacts. For this we need to ask how the facility relates to the established character of the area and neighboring property. Land use compatibility is ultimately a measure of how well a proposed use will coexist with neighboring property. Land uses with widely different characteristics such as traffic, noise, and other activities are likely to be incompatible when placed adjacent or in close proximity to each other.

The subject property consists of 120 acres and has a quarter mile of frontage on SW 61s1 Street and extends to a depth of one-half mile and is also one-half mile wide. It is bounded by large acreage tracts

Page 5 of 13

MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

to the north, south and west that are either undeveloped or devoted to agricultural land use and a low density residential subdivision to the east.

The effects of on-site activities for the most part would be self contained. The greatest opportunity for conflict relates to the subdivision. If an activity is confined to certain locations, there would be minimal impact. The nearest building is 800 feet to the north on SW 61 51 Street. If activities are confined to the buildings, it is not anticipated that activities will have a negative impact.

Outdoor activities would occur during April to November and be restricted to 10 p.m. Sound would be restricted to 80 decibels and the speakers would face to the west. No single event should exceed 300 people. Camping would be available in the prairie meadow. Three different parking areas were originally proposed; however, it was determined that only one parking lot is needed. Eighty stalls are proposed for parking so the maximum number of people at any one time would be 240. The primary areas to be used would be the barn and the gym. No negative impact is anticipated to area property with the conditions proposed. Public Works is requesting additional right of right of way to be dedicated in two areas. Staff is recommending approval with the 17 conditions noted in the staff report.

With no questions for Mr. Beagle, Ms. Moler called Mr. Boyd to make his presentation.

Brian Boyd, 7711 SW 61" Street, Topeka, KS 66610. • Has been a resident of Topeka for ten years and has owned the property for three years. • Previous owner allowed him to hunt, fish, play and enjoyed the property for ten years before buying. • Knew God had big plans for the property. • They have always wanted to preserve it just as it is as an agricultural farm. It has a lot of charm. • Their goal was to not develop it or allow it to be developed. • It is a unique property with a barn and a gym that can be used for indoor and outdoor activities. • Property is close to Washburn Rural High School and close to town. • Gives people and kids something to do. Keeps them off the streets and doing something other than

using social media. They are more physically isolated and it has caused a lot of anxiety, depression and suicide. In Kansas alone since 1999, suicide has increased 45 percent. One was just this past year, a student from Washburn Rural.

• Makes his heart said and knows there are students down the street that are struggling with that loss. • That kid and others are just one relationship away or one conversation away or one positive

experience away from having different lives. Believes they can fill that niche. • Has been paying for a lot of the ministries and the expenses have exceeded the productivity. • Didn't think it was wise for him to keep paying for it since he has a wife and four daughters. • Wants it to be self sustaining and they don't want to sell it for a big profit. • Earlier this year, they made it into a 501 (c)(3) not for profit called The FARM Ministries. • Wants to use the tools that they already have on the land including the charm, the beauty, the

outdoor aspect and the buildings and make it financially sustainable. • Heard the neighbors' concerns. Wants to be a respectful neighbor. Thought there would be minimal

impacts.

Karissa Boyd, 7711 SW 61'1 Street, Topeka, KS 66610. • Property has been used previously for everything they are proposing but at no charge. • One outdoor wedding was held and a large number of people have visited and parked in the field. • Large events have occurred with no negative impacts. • In the future, the only difference would be to ask for a fee to help sustain it.

Mr. Depperschmidt asked how many times it is used at night. Mrs. Boyd said it varies from the time of the year. AI! year round it is used three nights a week with guys playing basketball from 4 to 7 p.m. It has been used for the past three years.

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Dan Holloway, Cook, Fiatt & Strobel, 5520 SW Lincolnshire Circle, Topeka, KS 66610. • Helped the Boyds create their site plan. • Available to answer any questions.

Mr. Depperschmidt said he was aware of the events and asked what areas had been utilized. Mrs. Boyd said the three acre pond had been used for baptisms as well as the wedding. The reception and dance was held in the barn. Speakers were used. Cair Paravel Latin School held a camp out and more of it was used and not just west of the three acre pond. The majority of the bigger events were held exclusively to the west of the three acre pond. Knew there was some concern about the trail.

With no further ~uestions for Mr. and Mrs. Boyd, Ms. Moler asked if anyone wanted to speak in favor.

Ryan Wynne, 1625 SW Central Park Avenue, Topeka, KS 66604. • Currently director of a local ministry and speaking on behalf of the ministry side for the organizations

that have utilized the land for ministry purposes. • It was a generous offer from the Boyds to use their property. The ministry does not have much

access to a lot of spaces to bring kids and have events was a huge blessing. • Thought it was a good option when the Boyds proposed to use their property as a ministry space

that could be used by other non profits, churches, organizations. • Wondered why the Boyds wanted to allow access to their property for ministry and other

organizations. • They wanted to leave a lasting legacy for kids, families and organizations to have a space to get

away from everything, a quiet space. • The City of Topeka needs this kind of space.

William Rice, 6431 SW Urish Road, Auburn, KS 66402. • Lives 1.5 miles from the property. • Uses the barn and it has been a positive experience. • 25 guys have been present from 7 to 9:30 p.m. It is well ordered, maintained and quiet and the

attendees are gentlemen. • Living in the area, he finds it valuable that their mission is to keep it open land. • He has a religion and ministry degree and sees what they are using their property for and their vision

for the future to connect with people to provide something positive.

Willie Carter, 4402 SE Oakwood Street, Topeka, KS 66609. • Visits location often to play basketball. • Has a ministry also and they have talked about having events or conferences at the property. • Before they play basketball, they read scripture and offer prayers for those who are in need of

healing. • Volunteers to cut grass. • Has brought his grandson to the location where he can run free. • The Boyds' hearts are in the right place.

Brian Budden, 4340 SE 241h Place, Tecumseh, KS 66542.

• Speaking as a character reference and has known the Boys for ten years. • Their children go to Sunday school together. They teach Sunday school together at Topeka Bible

Church. • Has visited the property for events and hunted the land for two years. • They are people of character and their hearts are in the right place. • It is a place that Topeka needs for young men and women. • The Boyds do not want to impact the neighbors. • Was in attendance at the event for the neighbors. Thought the gap between the neighbors'

concerns and how the Boyds want to their property could be mitigated with a few ideas.

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Jason Brent, 5001 SW Cedar Crest Road, Topeka, KS 66606. • Currently the children's pastor at Topeka Bible Church. • In support of the proposal. • Has been in ministry working with children and youth since 2002 in Topeka. • There are not many accessible pieces of land that people are willing to offer to churches and non

profits to use for the good of the children and it is a huge benefit • By allowing the Boyds to have the few fundraiser events would allow them to be able to service any

ministry, any church or any size. Lots of ministries do not have a lot of money to be able to rent.

Michael McFadden, 1312 SW 31" Street, Topeka, KS 66611. • Has known the Boyds for four years. It is a great honor to be a friend of this God fearing family

dedicated to self and service for their missionary work. • The Boyds took a leap of faith in purchasing their property which was not for personal profit or public

accolades but to have a multifaceted facility for the community. • Witnessed an outdoor baptism by the pond while other amenities have been used for other events. • The Boyds have been growing crops since the purchase. • He represents a men's basketball ministry. Being a husband, father, youth basketball coach and

disabled Army veteran, he doesn't get to play as often. • There are not a lot of places to play ball and it gives the group a much needed break. • There are simple rules and they pray before they play. • Fully supports The FARM Ministries.

Donnie Hibler, 1805 SE 85• Street, Wakarusa, KS 66546. • Has known the Boyds for years. • Has helped them out on the property and witnessed some of the events held there. • Works for corrections and his nature to make sure everything is safe. • Events are kept over by the bam. • Kids have a great time and a lot of them haven't spent time in the country.

Les Steinlage, 1010 NW Menninger Road, Topeka, KS 66618. • Met the Boyds when him and his wife traveled to Haiti which is a big part of the ministry. • Was invited out when the Boyds dedicated the land with the use to glorify God. • The Boyds are real people and honored to be their friend.

Brandon Griffith, 131 SW Greenwood Avenue, Topeka, KS 66606. • Everyone works hard for their property. Understood the concerns. South Pointe Bay is a beautiful

neighborhood. • The Boyds understand the concerns and the fear people have when they hear there is a possibility

of events being held. • Events have been held that most people don't know about. • It is very quiet • The goal is to preserve the country feel and not develop it • If there is an event and something is troublesome, they would fix it. • The Boyds want to work with the neighbors because they want it to be a benefit for everyone. • Didn't think there was anything that couldn't be worked out • The Boyds are very strong charactered people that anyone would be proud to be friends with.

With no additional comments in favor, Ms. Moler asked if anyone wanted to speak in opposition.

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Braden Palmberg, 6213 SW South Pointe Drive, Auburn, KS 66402. • His sister owns the parcel east of the three acre pond and plans to build in 2019. • Wants to know who owns the property, the Boyds or the 501 (3)(c), and who maintains the insurance

if there was an accident. • Concerned about the hours of operation, the events held overnight, the closeness to neighbors,

noise, trees, gun fire and hunting. • If the pond is to be a focal point of any event, speakers should face east not west. • Sound would directly affect neighbors on the west side of South Pointe Bay. • His sister has expressed likely to not build and just bought two months ago. He just purchased his

property four months ago for the peace and quiet. • Concerned for their children. " Will impact their neighborhood.

Mr. Depperschmidt asked what impacts there have been from the activities held there. Mr. Palmberg stated he can hear what he believes as noise from the Boyd's property but doesn't know for sure if it is coming from there or not. He has concerns about how the sound carries and the hunting.

James Allen, 6334 SW Bayshore Drive, Auburn, KS 66402. • Within a 1,000 feet and was notified by mail of the hearing. " Protests the proposed conditional use permit. • He is in awe of people who take on Christian ministries and supports those activities. • Concerned about the outdoor activities, the days/hours of operation, the noise from the speakers,

the number of people and the outdoor hunting. • As a gun owner, he is a strong proponent of the Second Amendment and supports hunters' rights. " From his yard he hears loud semi automatic gun fire coming from the west. It is dangerous for the

neighborhood. As an honorably discharged Army veteran, he knows what it sounds like. " It is not the place for a commercial hunting enterprise.

Ms. Moler asked for the hours of operation. Mr. Beagle stated they would be from 8 a.m. to 10 p.m. on Sunday through Thursday and 8 a.m. to 11 p.m. on Friday and Saturday.

Bryan Love, 6510 SW Bayshore Drive, Auburn, KS 66402. • Commends the Boyds for their Christian beliefs. • Born and raised on a farm in southwest Kansas. • Has lived in his home for one year and purchased it for the quietness. • Has heard activity on the Boyds' property. • Concerned about the number of people, there being only one entrance, the traffic, constant noise

and sound, hunting and the gun shots. • Fellowship Bible Church has no affiliation or used the property.

Dr. Terry Carney, 6431 SW Bayshore Drive, Auburn, KS 66402. • Is a school board member. • Knew the previous owner and has used the gym. • Has heard people talking and semi automatic rifle fire. • Concerned about the noise, traffic, hunting, noise and property values.

Lee Gardner, 6413 SW Bayshore Drive, Auburn, KS 66402. • Knows the Boyds. • Has heard gun shots. • Concerned about the people, noise, hunting and property values. • Bought the land and built a home in the area for the quiet.

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Joe Christ, 6229 SW Bayshore Drive, Auburn, KS 66402. • Opposed. • It will be a commercial operation. • Concerned about noise, amount of people, lights, hunting, gun shots and would be in the line of fire. • Has a screened in porch and it would destroy their peaceful environment. • The Boyds are wondeliul people but they are trying to raise money at the neighbors' expense. • Would be impacted considerably. • The conditional use permit would allow for commercial business. • Ravenwood is in the area and has commercial zoning. • There is no onsite security. • Not an appropriate use of land. • Would protest and litigate if approved by the County Commission. • Questions their 501 (3)(c) status.

Ms. Moler asked if the RA-1 zoning would allow for a conditional use permit. Mr. Beagle said the RA-1 zoning would accommodate the proposed use. Even though it is not a change in zoning, it is making a specific authorization for that specific use. As part of the process, the proposal is reviewed and an assessment is made whether that use is consistent and compatible with character of the area and its relationship with nearby property. Conditions may be attached if necessary to make the property and its use more compatible with neighboring property. In this case, even with the fundraising events, it is not considered a commercial venue.

Richard Terrill, 6315 SW South Pointe Drive, Auburn, KS 66402. • Concerned about the increase in the increased traffic, hunting, noise and hours of operation. • Has not seen any on site activity. • Can hear the activity at Ravenwood from his home. • Opposed.

James Simpson, 6207 SW Bayshore Drive, Auburn, KS 66402. • Spends a lot of time outdoors and has a batting cage at the rear of his property and trails cut through

their property. • Hear voices and gun shots. • Concerned about privacy, the hours of operation, camping, gun shots and the number of people. • Will be detrimental to their peace and well being.

Bryan Smith, Attorney, 5930 SW 29'" Street #200, Topeka, KS 66614. • Representing the Caplingers' (Pam and Jim, Jr.) trusts. Pam lives at 6539 SW Bayshore Drive and

owns 40 acres immediately south and adjacent to the subject property. • The CUP request is from private individuals and does encompass commercial activities. • Ms. Caplinger is concerned about the gunfire and deems it a problem. • Ms. Caplinger's concern is this is a commercial activity. The CUP would allow up to 300 people per

event from 8 a.m. to 10 p.m., Sunday through Thursday; and 8 a.m. to 11 p.m. on Friday. • Ms. Caplinger has no qualms with the activities of charitable people. The CUP application does not

ask anyone to evaluate the character of the applicant. • Ms. Caplinger is also concerned about the sanitary sewer system for 300 people. • Ms. Caplinger opposes the CUP is requesting they vote no.

Thomas Charest, 7430 SW 61" Street, Topeka, KS 66610. • Spent over a year looking for the land he purchased in 2016. Spent most of his life savings to build

and move into his new home on April15, 2018. • Lived previously across from Jardine Middle School for 41 years. The school board assured them

the traffic and other aspects for the new school would be okay. With minimal changes to 33rc1 Street, traffic greatly increased and was no longer able to park in front of their homes.

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• Concerned about the noise. It is usually peaceful around his property. When working outside this summer, he was completely disturbed/annoyed by someone shouting at children with a bullhorn. Can also hear the activity at Ravenwood. Spends a lot of time outside maintaining his property.

• The activity that has gone on over there so far is relatively peacefuL Commends them for their Christian ministries and has volunteered for some of them.

• As a 501{3)(c), The FARM Ministries will pay no taxes to help maintain 51st Street. Totally unfair. • Asked who was going to pay for additional law enforcement for the large venue. • The applicants' statement said they would need to hire full-time employees which would require

them to make a profit. Couldn't see how they could support all that as a non-profit venue. • Opposes and requests The FARM Ministries be denied the conditional use permit.

Vern Jarboe, 534 South Kansas Avenue #1 000, Topeka, KS 66603. • Represents the clients who own a large tract to the west of the applicants' location. The bought land

to develop it but hasn't done so. • Would impose a burden on his clients. • Concerned about how it may affect others. • Feels they need to reduce parking and the number of people. • Expanding use is a violation. • Client owns a sizable pond that runs into the Boyds' property. People would be invited to use these

open spaces. Concerned about boundaries. Do not want to have the applicants' guests in their pond. Concerned about the liability risk.

• Concerned about the traffic and everyone leaving at once. • Vote no.

Martha Bartlett Piland, 6316 SW Bayshore Drive, Auburn, KS 66402. • Been at this location for eleven years. • Concerned about lighting. • Not enough lighting is a safety issue. • There would be unintended negative consequences. • Concerned about property values. • Vote against it.

Gary Piland, 6316 SW Bayshore Drive, Auburn, KS 66402. • He has helped youth. • The Boyds' heart is in the right place but their property is in the wrong place. • They have a great idea but doesn't want them to fund it with a commercial enterprise. • They need to look for other ways to pay for this other than running commercial events. • Opposed to the conditional use permit but applaud them for what they are doing.

Ms. Thadani asked for speakers who had items not addressed by other speakers.

Bobbi Carson, 6621 SW Bayshore Drive, Auburn, KS 66402. • Wanted to know if the conditional use permit is granted, would the events continue to be free to the

various churches and schools or would they be charged a fee. • Concerned about it being a commercial venue for hunting and leasing the property by the day as a

controlled hunting area. • Opposed.

Ms. Thadani stated a CUP did not allow people to hunt. There is no gun control. The county does not have any regulations.

With no further comments in opposition, Ms. Moler asked if Mr. Boyd had a rebuttal.

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Kennelh Boyd, 7711 SW 61" Slreet, Topeka, KS 66610. • Only three or four houses fall within the 1,000 feet radius. • There is a code of conduct. • Overnight events have occurred for scouting and schools. No complaints. • They have documentation as to their 501 (3)(c) and they own the land. • There is a buffer for the sound on the east side. • There is gun fire in the area. People shoot west of their location. Tells their friends to avoid the

South Pointe Bay area when hunting. • Outdoor activity would occur during the day. • Traffic not an issue at present. Most of the traffic would be away from South Pointe Bay. • In regard to the real estate taxes, the county will not suffer. • Will be used as reception, conference and assembly facility and not a commercial venue. • In regard to security, there will be staff on site. • Hunting will be in season. If hunting is a concern, they will discourage people to use the east side of

the property. They don't generate revenue from hunting. • Those who use the property have to sign a code of conduct before using the property. • Sewer system has been inspected by the county. • Anticipating one wedding a month. • Everyone can hear activity at Ravenwood, the marching band from the school and the races at

Heartland Park. • Trying to generate revenue to offset their expenses. Not making money. • In regard to the frequency of the bigger events, outdoor events would only occur a couple of weeks

in the summer. Indoor events would be the main fund raiser and more likely at night.

Ms. Moler closed the hearing.

Mr. Depperschmidt stated he had an issue with the hours of operation. Mr. Boyd said there is a security gate. Ms. McKenzie asked if there could be a compromise on the hours and if they would limit the number of events held outdoors. She understood the concerns. Mrs. Boyd said they would be limited to indoors. It would be self sustaining. The gym has no air conditioning but is heated. The outside activity in the summer would be Monday through Friday, 8 a.m. to 5 p.m. Ms. McKenzie asked if the applicants could renegotiate and come back. Mr. Beagle said they could possible delay it. The Planning Commission would need to indicate their changes.

Mr. Depperschmidt suggested changing the hours and days of operation. Ms. McKenzie thought something should be included to limit the sound and adjust the hours of sound. Mr. Depperschmidt stated if he was the Boyds, he would want to be able to do what he wanted on his property. But if he were the neighbors, he wouldn't want this going on in his backyard either. He thought everything they were doing was great. But it is also a hindrance to the neighbors. He did think there was a compromise. Mr. Beagle said one way to moderate the scope and scale of activity on the property was to indicate specifics by revising the recommendations by staff that there would be no more than three hundred people associated with any one event or in a combination of events occurring on the property at the same time. That number was based upon the original assumption about parking and how many people would be coming to the property. But if their intent was to support functions with an eighty stall parking lot. It was assumed there would be three people per car on average. With an eighty stall parking lot, that would be a total of 240 people. Or if shrinking it down to 200 to be the maximum capacity on the property at any time. It would be a way to try and temper and moderate the scale of activlty that would occur on the property.

Ms. Thadani stated they could offer a motion to defer the item and ask the applicants to come back with some changes or they could offer a motion with their specific changes to the proposed recommendations.

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Mr. Smith stated they would have 14 days to file a protest petition. If something was going to be changed, they would request that notice be given again and another public hearing heard on the changes. It could be an issue legally if it came back with a different application at a later date.

Ms. Thad ani stated they could defer it until the December 10111 hearing. There was no requirement to provide any additional notice of that hearing.

Mr. Depperschmidt moved to approve the Conditional Use Permit with the conditions outlined in the staff report along with the following revisions: outdoor events can be held any day of the week until 6 p.m.: four outdoor events per month can be held until 10 p.m.; and a maximum number of 200 people for each event. Ms. McKenzie seconded the motion. There were no additional questions or discussion. With a vote of 3-1-0 (Mr. McCurry dissenting), the Conditional Use Permit was approved.

Ms. Moler stated the item would be considered by the Shawnee County Commission on Monday, December 3, 2018.

Public Comment on Non-Agenda Planning and Zoning Items: None were indicated.

Discussion of Planning Related Issues:

Accessory Dwelling Unit Prooosal

Mr. Beagle stated he provided them with some examples from other communities who have adopted some form of accessory dwelling unit proposals. There were different reasons.

Adjournment:

Mr. Depperschmidt moved to adjourn, seconded by Mr. McCurry, a unanimous voice vote declared the public hearing be adjourned, which was at 9:06p.m.

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September 10,2018 Agenda Item #l

CONDITIONAL USE PERMIT REPORT

SHAWNEE COUNTY PLANNING DEPARTMENT

APPLICATION NO.: CUIS/06

APPLICANT: Leroy and Nela McCollum Trust

PROPOSAL: Requesting a Conditional Use Permit to establish a Bed and Breakfast Inn on property currently zoned "RR-1" Residential Reserve District and located at 3521 SE Paulen Road in Tecumseh Tovmship.

PRESENT USE: The subject property comprises the east 8.3-acrcs of the applicant's 30.40-acre tract of land that is currently devoted to agricultural land use. The subject property includes the original farmstead consisting of the applicant's dwelling and associated farm buildings, a number of which date back to the 1920's and 1940's. The property would be accessible by an existing point of access on SE Paul en Road.

PROPOSED USE: In accordance with Section 3.02(c)(l5) of the Shawnee County Zoning Regulations, the applicant seeks to establish a hed and brealifast inn on the subject property. A bed and breakfast inn is defmed by the Zoning Regulations as: "a single-family structure or portion thereof that provides not more than ten (10) guestrooms for overnight paying guests. Food service may be provided for guests and in conjunction with social events." Within the "RR-1" District, bed and brealifast inns are accommodated by Conditional Use Permit subject to the Additional Requirements of Article XXVI. Sec. 26.00(r)(l) indicates that a bed and breakfast inn: 1) shall be located in an existing single-family dwelling; 2) be operated within the single-family dwelling and not in an accessory structure~ 3) shall have the primary entrance to all guestrooms be from within the dwelling; 4) shall have the exterior of the dwelling and premises outwardly remain and appear to be a single-family dwelling giving no appearance of a business use; and, 5) that individual guestrooms shall not contain cooking facilities. Social events such as weddings, receptions, parties, business engagements or similar activilies may be accommodated in conjunction with a bed and breakfast inn. All social events shall be incidental and subordinate to the principal use of the premises as a bed and breakfast inn. For more infonnation, please see the attached regulations (Sec. 26.00(r)(I )) governing the operating characteristics of bed and breakfast inns of the Sha\ffiee County Zoning Regulations.

As proposed, the bed and breakfast inn will consist of the applicant's dwelling (bed and breakfast) and 1,344 square foot barn to the south that will be used for social events in conjunction with the bed and breakfast inn. All other agricultural and accessory buildings occupying the property will not be used in conjunction with the Conditional Use Permit. Please consult the applicant's attached written narrative "Country Beginnings" and accompanying site plan for additional information.

CHARACTER OF NEIGHBORHOOD: The subject property is on the advancing fringe of residential development extending east of Lake Shawnee. This area consists of platted subdivisions developed more to mban densities; individual rural residential homesites split-out along section-line roads; and

large acreage undeveloped and agricultural tracts interspersed among them. Based on the prevailing pattern of development, it is anticipated this immediate area to continue to transition to primarily residential land use over time.

ZONING CLASSIFICATION AND USE OF SURROUNDING PROPERTIES:

ZONING CLASSIFICATION

North: "RR·l" Residential Reserve District South: "RR·l" Residential Reserve District East: .. RR·l" Residential Reserve District West: "RR~ I" Residential Reserve District

PRESENT LAND USE

Agricultural Rural Residential Homesites Rural Residential Homesites Agricultural•

0 Remainder of applicant's property comprising 22·acres devoted to agricultural land use.

GUIDELINES FOR EVALUATION: In order to protect the integrity and character of the zoning district in which the proposed use is located; and to minimize adverse effects on surrounding properties and neighborhoods, all conditional use permit applications shall be evaluated in accordance with the guidelines established in Section 25.02 of the Shawnee County Zoning Regulations.

l) Land Use Compatibility: The proposed Conditional Use Permit docs not result in the removal of present restrictions of the ··RR-1" District, but, would specifically authorize the additional use of a bed and breakfast inn on the subject property. A Conditional Use is a use generally considered to be consistent with the purpose and intent of the district in which listed, but, may have operating characteristics that may or may not be compatible with neighboring property in a given location. As such, Conditional Uses are subject to a public hearing process by which to evaluate the appropriateness of the location proposed and its compatibility with neighboring property. Reasonable conditions may be attached to a Conditional Use Permit to maximize compatibility with neighboring property once it is determined the proposed use is consistent with the area in which proposed.

The site's present use and classification is consistent with the predominant rural residential character of this area. Based on surrom1ding zoning and land use patterns, the subject property remains suitable for the uses to which presently restricted by the "RR·l" District. It is anticipated that this area will continue to transition from agricultural to rural residential land use over time.

The proposed Conditional Use Permit consists of two (2) component parts: the bed and breakfast inn itself; and, accommodation of social events operated in conjunction with and incidental and subordinate to the bed and breakfast iru1.

Bed and Breakfast Inn: The applicant's residence at 3521 SE Paulen Road wiii serve as the bed and breakfast and accommodate up to four (4) guestrooms. Constructed in 1960, the single-story ranch comprises a total area of 2,492 s.f. on the main floor afeft. All entrances to guest rooms will be from ""ithin the residence ""ith no cooking facilities allowed within individual rooms. Guests will have shared access to a bathroom, kitchen, dining room and living room with a fireplace. The exterior appearance of the residence will not be changed. Occupants of the bed and breakfast are anticipated to be either out-of-town guests or guests staying on the property. in conjunction with a special event.

2- #I

Social Events: Social events in conjunction with the bed and breakfast inn are proposed to be accommodated and will be confined to a 1 ,344 square foot barn located south of the inn. Part of the original tlumstead, the two-story bam was constructed in 1925 and will be the focal point of social event activity on the property. Social events in conjunction \Vith the bed and breakfast inn will be available seven (7) days a week between the hours of 9:00 am to 10:00 pm. The applicant's narrative indicates, however, that only one (1) event will be allowed at a time, and, no more than five (5) events will be allowed within a given month. The Shavmec Heights Fire District has set a maximum occupant load of 90 people based on a first floor arrangement of tables and chairs. The applicant's proposal also includes two (2) outdoor activity areas immediately adjacent to the barn with a stage constructed on the west end of the barn to be used for wedding ceremonies. Pursuant to the Zoning Regulations, no sound system will be permitted to be used outdoors and will be confined to the barn. No amplified sound or music is to be perceptible beyond the property line.

Of the two (2) component parts of the bed and breakfast inn, the operation of the bed and breakfast itself is not anticipated to generate impacts that would adversely affect neighboring property. The house and associated farmstead is setback approximately 940-feet west of SE Paulen Road. The nearest dwelling in proximity to the house (bed and breakfast) is approximately 395-feet to the west across Stinson Creek in Pleasant Ridge Subdivision. The next nearest dwelling is located approximately 665-feet to the east and fronts on SE Paulen Road. Consisting of not more than four (4) guestrooms, the operation of the bed and breakfast, in and of itself, is not anticipated to have any impact on the use and enjoyment of neighboring property.

The other sub-component of the bed and breakfast inn is the ability to accommodate social events. Social events in conjunction with the bed and breakfast would be confined to the barn south of the bed and breakfast. The principal issues commonly associated with social event venues are traffic, noise and hours of operation. As with the bed and breakfast, the barn is setback approximately 1,080-feet west of SE Paul en Road. The nearest dwelling in proximity to the barn is approximately 430-feet to the northwest in Pleasant Ridge Subdivision, with the next nearest dwelling approximately 820-feet to the east and fronting on SE Paulen Road.

With respect to hours of operation, all scheduled events shall be by pre-arranged lease or contract and not open to the general public. To minimize the possibility of conflict, only one (1) event will be scheduled at a time between the hours of 9:00 am to 10:00 pm. Although the venue would be available seven (7) days a week, the applicant indicates that no more than five (5) events will be allowed within a given month.

Although two (2) outdoor activity areas are shown around the barn, they too are well separated from neighboring property. No amplified sound or music will be allowed outside the inn. A sound system is proposed to be used inside the barn but 'Will be kept at a moderate level so as not to be perceptible beyond the property line.

With respect to traffic, the Fire District has set the maximum occupant load of the bam at 90 based on table and chair seating on the first floor. To accommodate parking, the applicant proposes to construct a 33-stall gravel parking lot near the north property line. A minimum of27 parking spaces is required. A two (2) foot high guard rail will be installed along the north property line at the parking lot to contain traffic movements. The applicant also proposes to

3- #1

install a four (4) foot wooden privacy fence along the south side of the entrance drive for the first 125-feet into the property. The fence is intended to shield the house inunediately south of the drive from headlights sweeping into their home from southbotu1d vehicles turning into the property. Limited to 90 guests, it is not anticipated the traffic generated by the venue will conflict with area property or exceed the capacity of SE Paulen Road.

Overall, it is not anticipated the proposed bed and breakfast inn including the accommodation of social events in conjunction with the inn to conflict with the use and enjoyment of neighboring property.

2) Height and Scale: No new structures are proposed in conjunction with this request. All existing structures, except for the house constructed in 1960, are part of the original fannstead.

3) Site Development: The subject property comprises 8.30-acres vrith a 60-foot wide leg extending the first 630-feet west of SE Paulen before expanding to the primary width of the property including the original fannstead. The farmstead is boWlded by agricultural land to the north and west, and, large-lot rural residential homesites fronting on SE 37th Street and SE Paulen Road to the south and east. A 33-stall gravel parking lot will be installed west of the house (bed and breakfast) and accessible from the existing drive coming off of SE Paulen Road. All activity associated with the Conditional Use Permit will be confined to the house (bed and breakfast) and barn south of the house for social event in conjunction with the bed and breakfast. Given the size of the property and separation from nearby residential property, the activities associated with the bed and breakfast inn are not anticipated to have a detrimental effect on surrounding property.

4) Building Design: No new structures are proposed to be built in conjunction with the proposed Conditional Use Permit.

5) Operating Characteristics: Given the property's rural setting, size, and separation from nearby residential property, it is not anticipated that on-site activities associated -with the bed and breakfast iilll will negatively impact the use and enjoyment of neighboring property.

6) Public Facilities: Water service is currently provided by Shawnee County Rural Water District No. 8. Sewage disposal is currently provided by an on-site septic system in conjunction with the existing house. The conversion of the barn to an event venue would include restrooms serviceable by a new septic system to be approved by the Shawnee County Health Department.

7) Interim Development Guidelines: The subject property is located on the advancing fringe of residential development extending east of Lake Shawnee and consists of platted subdivisions and individual rural residential homesites extending along township and county roadways. Pursuant to the general development policies of the Interim Development Guidelines, the predominant emphasis for development in the Rural Area should be the retention of commercial agriculture and its supporting land use, and single-family dwellings at low and moderate densities with adequate public facilities and services. The general land use policy for residential land use within the Rural Area indicates that residential uses which are compatible with fann operations, and which can be adequately served by rural water districts, on-site sewage disposal systems and have access to properly designed public streets shall be permitted on minimum lot sizes. A proposal will be considered appropriate if it docs not conflict with the land use policies of the

4- #1

area. The proposed bed and breakfast inn, including accommodation of social events, should not conflict with the future development of this area for predominantly for residential land use.

LENGTH OF TIME PROPERTY HAS REMAINED VA CANT AS ZONED OR USED FOR ITS CURRENT USE UNDER PRESENT CLASSIFICATION: The subject property has long been used for agricultural purposes and zoned accordingly.

COMPLIANCE OF THE PROPOSAL WITH THE ZONING CODE AND SUBDIVISION REGULATIONS: The proposed conditional use permit appears to be in conformance with applicable provisions of the Comprehensive Zoning Regulations, including the Guidelines for Evaluation of Section 25.02 thereof.

CONCERNS OF STAFF AND REVIEWING AGENCIES: The proposed Conditional Use Permit and site development plan have been submitted to all applicable reviewing agencies for consideration and comment. No significant issues or concerns were expressed by reviewing staff in regard to code compliance or the provision of public services. A Class "A" Drainage Report was required to be submitted in conjunction with this request. The Shawnee County Public Works Department has reviewed and approved the drainage report subject to the applicant constructing a drainage swale on the north side of the parking area to intercept the runoff and direct it westerly toward Stinson Creek. The applicant had proposed the installation of a "barricade" at the drive entrance to prevent guests from turning right onto SE Paulen Road. This was proposed by the applicant as a measwe to minimize headlights of exiting vehicle swiping across the neighbor's house directly opposite the driveway. The Shawnee County Public Works Department has evaluated this proposal and determined the installation of a barricade or any other improvement extending into the right-of-way to force only left-turns is not warranted and disallowed.

ADDITIONAL FACTORS:

1. 2. 3.

Flood Hazard Area: Airport Hazard Area: Historic Properties:

Not Applicable Not Applicable No register properties within 500 feet

PLANNING STAFF CONCLUSIONS AND RECOMMENDATION: Based on the foregoing, the Planning Staff recommends the Conditional Use Permit be APPROVED, subject to:

1. Use and development of the site as a Bed and Breakfast Inn in accordance with the site plan titled Country Begillilings dated September 27, 2018.

2. Compliance with the applicant's written narrative titled Country Beginning, Bed and Breakfast, Wedding and Special Event Center, received September 26,2018.

3. The bed and breakfast shall be restricted to the applicant's dwelling at 3521 SE Paulen Road and accommodate up to four ( 4) guestrooms.

4. The scheduling and conduct of social events shall be -incidental and subordinate to the principal use of the premises as a bed and breakfast inn.

5. The maximum occupancy of the bed and breakfast inn including social events shall be limited to 90 people.

5- #1

6. Dedicated 40-feet of right-of-way on SE Paulen Road as measure from section line. The dedication of right-of-way vrill need to be completed prior to commencement of use.

7. Construct drainage swale along north side of parking area to intercept runoff and direct it west to the natural drainage swale. The drainage swale shall be completed prior to commencement of use.

8. Only one (1) event will be scheduled at a time between the hours of 9:00 am to 10:00 pm. Although the venue would be available seven (7) days a week, no more than five (5) events will be allowed within a given month.

9. The 33-stall gravel parking lot shall be completed and two (2) foot high guard rail installed prior to commencement of use.

10. The installation of the four (4) foot tall wooden privacy fence along the south side of the drive at the drive entrance shall be installed prior to commencement of use.

6- #1

Article XXVI.

Additional Regulations

Sec. 26.00. Use and requirements.

The following principal uses are listed as provisional uses or conditional use permits in various districts in this chapter. These uses are required to meet the regulations indicated, in addltlon to the regulations of the district in which the uses are allowed, only when this article is referenced to in the requirements for each use. In case of any conflict between the regulations of the district in which the use is allowed as a

provisional use or conditional and the additional regulations of this article, the most restrictive

regulations shall govern:

(r) Bed and breakfast inn.

(1) Specific Requirements. Requests to establish a bed and breakfast inn shall conform to all of the

following requirements:

(a) The bed and breakfast shall be located in an existing single-family dwelling and no new structure shall be built expressly for a bed and breakfast establishment.

(b) The bed and breakfast shall be operated within the single-family dwelling and not in any

accessory structure.

(c) The primary entrance to all guestrooms shall be from within the dwelling. A guestroom can retain an original secondary exterior entrance opening onto a porch or balcony.

(d) The exterior of the dwelling and premises shall outwardly remain and appear to be a single­

family dwelling giving no appearance of a business use.

(e) Individual guestrooms shall not contain cooking facilities.

(f) One (1) non-illuminated nameplate sign, attached flat on the face of the principal dwelling, shall be permitted not to exceed nine (9) square feet. The nameplate shall be styled and detailed architecturally with the principal building and shall be limited to the name of the

bed and breakfast or owner or both.

(g) Retail sales of a nature clearly incidental and subordinate to the primary use of the premises as a bed and breakfast establishment shall be permitted subject to the following

requirements:

(1) The merchandise offered for sale shall be confined to the dwelling and not located within a garage or accessory structure, whether attached or detached.

(2) Merchandise offered for sale shall be restricted to that produced on-site; souvenir items bearing the name and/or logo of the establishment; and, those items customarily provided for the convenience of resident guests.

(3) There shall be no advertising, display or other indication of merchandise offered for

sale on the premises.

(4) No commercial telephone listing, newspaper, radio or television service shall be used

to advertise the sale of merchandise.

(5) The total area devoted to the display or merchandise shall not exceed five percent (5%) of the gross floor area of the dwelling, excluding an attached garage.

(h) In the "RA-1" and "RR-1" Districts, a bed and breakfast inn shall not be established on less than a three (3) acre parcel. In all other districts where permitted, a bed and breakfast inn shall be established on a parcel having a minimum size equivalent to five hundred {500)

square feet per guestrocm plus the minimum lot area of the district, for a single-family

dwelling, in which located.

(i) Social events such as weddings, receptions, parties, business engagements or similar activities may be accommodated in conjunction with a bed and breakfast inn, subject to the

following requirements:

(1) The scheduling and conduct of social events shall be incidental and subordinate to the

principal use of the premises as a bed and breakfast inn.

(2) All scheduled events shall be by pre-arranged contract or agreement. Such event shall

not be open to the general public.

(3) No amplified sound or music, noise or glare shall be allowed outside the inn nor be

perceptible from beyond the property line.

(4) Social events shall be restricted between the hours of 9:00AM and 11:00 PM.

(5) Submission of a plan of operation which shall include:

(a) Types of social events anticipated to be scheduled at the inn including the types of services to be offered in conjunction with a social event and the anticipated maximum number of guests to be accommodated.

(b) Days of the week and hours of operation for which social events would be

scheduled.

(c) Any permitted outdoor activities and the location on the premises that may be

used for such activities.

(d) Supervision of guests and arrangements for enforcement of any provisions of the Conditional Use Permit, when applicable.

(e) Any proposed screening, buffering, or landscaping to mitigate potential negative

effects.

(f) Arrangements for parking. Specify the added number and location of guest parking in conjunction with social events. Additional on-site parking shall not interfere with accessing guest parking spaces nor conflict with internal traffic

circulation.

Page 2 of3

ARTICLE XXXV.

DEFINITIONS

Bed and breakfast inn: A single-family structure or portion thereof, that provides not more than ten guestrooms for overnight paying guests. Food service may be provided for guests and in conjunction with social events.

Page 3 of 3

Country Beginnings, Bed and breakfast,

Wedding and special Event Center

Rod McCollum, owner 3521 SE Paulen Rd

(785) 817-9293

Let me start with the back story. I was one when dad and mom bought this farm, and we started out living in

the old fann house buill in the late 1800"s until they started the basement that we lived in for the next 16 years. We

bUilt the house, farmed, raised cattle, mom drove the Shawnee Heights school bus, and they raised three boys. I

came home 8 years ago to take care of them in their 80's and worked on the barn for my sanity project and tum it into

a house forme to retire in after my mission was completed. When I went to the county for whatever I needed to finish

and be able to deed it off ... I was told I can't have two houses on a single lane driveway. That inspired me to this

business approach enabling me remain on my family's farm. If I can't make this work my only alternative is selling to

someone that will subdivide the west 20 acres and get those 60 plus houses packed in there. I hope to leave it just

like it is ... enjoyable.

I am applying for a conditional use permit to establish a bed and breakfast inn with the anticipation of

occupancy derived from out of town guests or special guests staying on the property for the special event. While they

will be unable to stay in the bam itself, the residence will be brought up to ADA standards to ao::ommodale our

guests with those needs. The house address is 3521 SE Paulen Rd Topeka KS 66605 and has myself as the

resident leaving two guest rooms upstairs and with some remodeling; the basement would offer two large bedrooms

with separate inside entrances, a shared bathroom, kitchen, dining room, and living space INith fireplace. No cooking

would be allowed in the bedrooms. The residence will not change its appearance in any way and all entrances are

from within the dwelling. The bed and breakfast inn writ be available 7 days a week with business being allowed from

9:00a to 10:00p, and there will be only one event at a time. I also offer to limit events to 5 per month. At some point

down the road I would like to offer souvenirs to our customers to mark their special event and I would like to put a

sign up at the end of the driveway rn a wagon with less than 40 square feet and a height to be under 8 feet and it will

not illuminated.

I have talked to couples trying to find a barn to get married in and hear stories of a year and a half wait, so

there is demand. The second story of the barn is insulated and almost finished with the plan of heating and air

conditioning. The couples would have separate rooms to get ready in and bathrooms to go with them. There will be a

lower deck on the West end that will serve as a stage for the outdoor ceremony and they can set up tables and chairs

on the first level for food and drinks with the convenience of being dimale controlled. The Shawnee Heights Fire

District had determined the maximum safe occupancy to be 90 seated at tables 'IIIith chairs_ Our guests Will also be

allowed to set up tables and chairs in the yard between the house and bam and there is a large flat area to the west

where a tent could be set up in case of inclement weather. Andy with the county health has ok'd a septic system so

long as the city denies me access to their system on the north of our property, and they have, and I will get it in

writing for him.

By starting as soan as possible, I think I can have the bam and the house ready to go by March 1, 2019 and

will make them ADA compliant with a roll in bathroom on the first floor in the bam. There will be a small kitchen area

an the first floor of the bam where they can prepare and serve whatever they desire, however, I will not engage in the

preparation or serving of food or drinks, but will allow them to serve whatever they like. The old milk house is on the

northeast comer of the bam and I would like to make it accessible to our customers for serving food and beverages, if

they prefer. I understand it is against county ordnance to provide amplified music outside, but will be allowed in the

barn, at a moderate level with all of us in mind and I will have storm doors on the doors so we can get the light and

view inside, while keeping the no1se in.

I'm more than willing to plant trees and shrubs or fences if there is a problem that can be solved that way

and am your willing partner in problem solving_ In this regard I am willing to plant evergreen type bush/trees or

provide a fence on the north of my driveway and in anticipation of headlights "swiping' my neighbors across from my

driveway to the East, I propose building a solid 'barricade', for lack of a better word, that will be placed an the right

side of my driveway at departure time, if it is dark already, thus making it nearly impossible to make a right turn and I

will letter it with that message. I have looked into the type and spacing but it really depends on the variety to be used

and I would like to consult with my neighbor to ensure we use the type and placement that will serve this purpose

best and maybe a fence would be better as it works right now with no grow time to accomplish our goaL I would like

to use pales on posts on the Northside of the parking area to give the appearance or hitching rails and provide

definition to that property line. I lead a faith based life and part of my business plan is to help my community by

donating time/services to those less fortunate but deserving_

The fallowing is a list of the types of events we anticipate hosting:

Weddings

Corporate events

Bridal and baby showers

Retirement celebrations

Birthday celebrations

Chanty events

These events will be booked through use of a prearranged lease. All guests will be properly supervised by the owner

or a delegate to ensure compliance with the requirements of the conditional use permit.

CU18/06 McCollum Family Trust

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TONY ARBAIZA rt.t~ ... ~ . •• PROVIDE DRAINAGE SWAt£ ALONG 't(6ftnt9aE' OF PARKING TO FlOW WEST "JC) DITCH

2' HIGH GUARD RAIL 'JioNG NORTH r>R~ LINE AO\ACENT TO PARKING AREA .

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CONDITIONAL USE PERMIT SI TE PLAN

COUNTRY BEGINNINGS

PBMCT QATA:

PARCEL SIZE: 11.3 AC :1:

EXIS11NC ZONING: ' RR-1' RESIOCN TIAL RESER\'£ DISTRICT

SiAT'OIOIT OF USE: Ylt S£D< A COHD1110HAL US£ PERioiiT TO ESTASUSH A B£0 A!•IO BR£AKrAST liN IHCUJOIHC ACCOioiWOOAIION (1F SOCIAL E\'ENTS.

llULOIHC 511£: MAIN El.£HT STRUCl\JRE 28'X~' OPEN OCO< 1.:fX28'

- 1,.344 so r . - 364 so n .

CONCESSION STANO 10'X12" TOTAl BVILDIHC AREA

- 120 so rr - 1,.344 so " ·

MAIN £~T STRVCTURE INCLUDES PREP KITCHOI AND J 8ATHROCJUS v.llH 1 SONG ADA COI.tPUANT. CONCESSION STANO WILL BE AVAILASI.E FOR CUSTOMERS TO SERVE FOOO AND BEVERAGES.

IUUMINAllON: PARKI~C AREA : A SINGLE 20' POL£ LOCATED AT THE SOUTH-C£HTER Of THE PARKING AREA, v.I1H 1 - TRIPPUE HEAD SH•El.0£0 L£0 FlOOD UGHT - 2000 LUt.IOIS EACH. PAIHWAY loRD.: 6 SI.NCL£ HEAD 800 LUWEN L£0 rLOOO UGHTS LOCAlt:D ~C PATHWAY f'ROI.t PARIONC AREA TO 8UIU)INC BUlDINC AREA. 2 -J HEAD, 2000 W MEN rLOOO UGHTS LOCA TEO AT THE HE A14D SW CORHERS Of lHE \'Do'UI: BUILDING. AI.L UCHnNO 'MU. e£ CONTRou.£0 BY SWI TCHES AND AR£ ONLY UTIUZED OUR.~C £\lOfTS.

Sl(l'jACE. NON UlJWIHA TEO SIGH, NOT TO EXCEED 4Q SOUAR£ F'E£T AND 8 fEET IN HE'CHT. RESTR!Clt:O TO THE NAWE Of lHE B£0 AND BR£AI<fAST ONLY.

PARKING: COioiPACTEO GRAVEL 3S PARKING SPACES, INO.UOINC 2 ADA COI.tPuAHT.

WATER PRO\IIOER: SHAWN(£ COUHTY R\JRAI. WATER DISTRICT NO. 8

ElECTRIC PROVIDER: YltSTAR ENERGY, L.LC

SOtER PBO'IIIOER: ON Sl T£ SEWER PROI;I()(l) BY A SEP11C T ANI< NfD LA TER.Al flEI.D, PU~SUAN T TO SHAWNEE COUNTY REQUIROI£."1TS.

L.tCAL !l£:SQ!)f']'J()

A TRACT Of LAND IN THE SOUTHEAST QUARTER (SEI / 4) OF SECTION TH1RTE£N (1 4) , T'OWNSUIP TWELVE ( 12) SOUTH, RANG£ SIXTEEN (16) EAST Of 1H£ 8TH P.lol., IN SHAWNEE COUNTY, KANSAS, CONSISTING Of 711 1/2 ACRES. I.!ORE OR LESS. LESS 13 PARCELS Of l.ANO, LESS TH£ \lt1:ST 1,313 FEET OF THE ROIAJNINC TRACT. MORE PARTICULARLY OESC!llBED AS FOLLOWS; B£CINNI.NC AT THE SOUlHEAST CORNER Of THE SOUTHEAST QUARTER (SEl / 4) Of SECTION THRTEEN ( 14). TOWNSHIP NaVE (12) SOUTH, RANG£ SUCTEEN ( 16) EAST Of THE 8TH P.lol~ IN SHA'M€£ COUNTY, KANSAS. 1l£NC£ NOR1H 1,234 fEET TO THE POINT OF BEQHN:NC, TH£HCE WEST ~ F'ECT, lHOIC£ 5(11lH 451 F£0, 1Hl:NCE WEST 256 F'E£1', THENCE NORTH Je FEET, THDfC£ WEST 429 fEET, llti4a: NORTH 465 F'E£1, THENCE EAST 1,345 F'E£1', ThENCE SOUTH 60 F'E£T TO THE POI'IT OF BEGINHlHG, CONTA!Nii'IC &3 ACR(S. WORE OR l.£SS. SUB..ECT no EASEWEH TS A.~O RIQoiTS Of WA'YS Of RECORD

PROf>fRTY Q'tttjfRS;

loleCol1um F'amly Trust 3521 SE Peaden Rood Top•o. Kan- 8560!1

DATE!

Rod McCollum

KRAMER CONSULTING, LLC 2335 S.E. TECUMSEH ROAD TECUMSEH, KANSAS 66542

(785) 234- 6600 JOB NO: 1820 OA TE: Sep tember 26, 2018

. .

Opposition Letters

•

Mr. Beagle

Mr. Beagle I am responding to the CU18/06 by McCollom Family Trust seeking a permit to establish a Bed and

Breakfast on property located at 3521 SE Paulen Rd. My wife (Missy Behymer) and myself {Kirk Behymer) live at 3625 SE Paulen Rd are against the

proposed venue for the following reasons. A. Rodney McCollom has stated all Corporate events ... Wedding Receptions ... etc will conclude by lOPM. I have never attended a Wedding Reception, or a Corporate Christmas party that closed by 10PM and question how we would have any grounds to enforce the 10 PM closing time. B. Rodney has stated he would put up a fence along the South side of drive to keep down noise and dust from traffic. This might help with noise but not dust. C. Rodney has stated we would not hear any music etc from the venue, but he complained to me

several years ago that my dog barking was bothering him. He also stated he lived in the country for peace and quiet. My family also moved to the country for peace and quiet.

D. I am not interested in increasing the traffic on Paulen Rd. E. I am not sure if our water line travels from North or South but if it travels South it could affect our water psi. F. This does not affect me personally but has the septic system been upgraded to allow a large

group.

As I have stated my Wife and I are against the proposed Bed & Breakfast 1 Special Event Venue at 3521

SE Paul en Rd. We plan on attending the Nov 131h meeting and Thank You for taking my letter into

consideration on this proposal.

Kirk & Missy Behymer

3625 SE Paulen Rd

Topeka Ks 66605

•

Beagle, Barry

From: Sent:

Zerger, DouglasS {Doug) CMSgt USAF 190 MXG (US) jdouglas.s.zerger.mil@mail.miij Thursday, October 25, 2018 3:48 PM

To: Beagle, Barry Cc: Subject:

jetman43@sbcglobal.net; fiestyredhead68@sbcglobal.net Proposed McCollom Bed & BreakfasVSpecial Event Venue

Dear Mr. Beagle, I'm contacting you regarding the proposed Bed and Breakfast and Special Event Venue at

3521 SE Paulen Road. My family and I reside at 3520 SE Paulen Road and are against this proposal for many reasons.

* Increase in vehicle traffic * Increased traffic from vendor delivery trucks * Excessive noise levels * Headlights shining in our windows * Constant dust stirred up on gravel road * Higher concentration of impaired drivers

Our county road is just that, a county road. It wasn't designed to handle Vendor trucks and a large, constant influx of traffic. Getting in and out of our own driveway could become an issue.

We enjoy opening our windows for fresh air which would become unpleasant with the dust in the air from the gravel road, music, and voices carrying on the wind. Occasionally they have an outdoor concert on Croce Road, which is twice as far as this proposed venue and we can hear it.

Rodney had proposed putting bushes up in our yard to block the headlights. This would not work as he would have to put them across our driveway and yard blocking access to our own house plus limiting our views of the Kansas sunsets. I don't feel we should have to rearrange our property to accommodate the desires of one person.

We are raising children, as are some of our neighbors, as Parents we always want to keep them safe and home should be their safe zone. This would be in jeopardy with an increased number of possible impaired drivers. Who would be held accountable for over served party guests? We really do not want to find out the answer to this question.

This has been our home in the quiet country for 16+ years and we want to keep it this way, so for the reasons stated above, We the Zerger Family at 3520 SE Paulen Road OPPOSE the CU18/06 proposal by the McCollom Family Trust for a Bed and Breakfast Special Event Venue location @ 3521 SE Paulen Road.

Thank You for your consideration.

Douglas and Darla Zerger 3520 SE Paulen Road Topeka, Kansas 66605

//Signed// CMSgt DouglasS. Zerger Equipment Maintenance Flight Superintendent 190th ARW/MXMl

Ph (785)861-4502

1

•

DSN 720-4502 Cell (785)221-2073

2

•

From: Sent: To: Subject:

Dear Mr Beagle

Cleo Roehrman [Cieo.Roehrman@westarenergy.com] Tuesday, October 16,2018 1:35PM Beagle, Barry CU1B/06 by McCollum Family Trust Special Event Venue

I am writing to let you know my position on the Bed and Breakfast that is up for consideration at property located at 3521 SE Paulen Rd. I bought my lot from Rodney's father, he put many restrictions on the land that have since expired. But his wishes were that this be a place for family's to raise their children and expressed this to me many times. This is

why 1 bought the current lot I live on now and since have bought another lot in the area effected. I am against the Bed

and Breakfast Inn/ Special Event Venue. Thanks

Cleo Roehrman 3545 and 3540 SE Paulen Rd Topeka Kansas 66605

785 224 8131 If you've received this message in error, I apologize for the inconvenience. Please don't distribute it. Instead, please just delete it and respond to let me know of my error. Then, have a wonderful day.

1

. '

Agenda Item

Shawnee County Board of Commissioners

Date: November 28, 2018

i Project No: CU18/07

Applicant: Kenneth Brian and Karissa Boyd

Document: Resolution

Contact Person: Barry T. Beagle, Director

Regarding: Conditional Use Permit

Description: Requesting a Conditional Use Permit to establish a Reception, Conference and Assembly Facility on property currently zoned "RA-1" Rural Agricultural District and located at 7711 SW 61" Street in Auburn Township. The Planning Department recommended this request be conditionally approved as referenced in the attached report dated November 13, 2018.

Planning Commission Recommendation: The Planning Commission considered this request on November 13, 2018, and by a vote of 3-1-0 recommended Conditional Approval of the proposal as referenced in the Commission's attached report.

County Commission Action: Consideration by the Board of County Commissioners and decision to adopted accompanying resolution on: December 3, 2018.

i .. I 1

BY ORDER OF THE BOARD OF COMMISSIONERS, SHAWNEE COUNTY, KANSAS

RFSOLliTION OlO I W" -6, f(

CONDITIONAL USE PERMIT

IS HEREBY ADOPTED IN ACCORDANCE WITH K.S.A. 19-2960 AND THE ZONING REGULATIONS, SHAWNEE COUNTY, KANSAS.

SECTION I. THIS RESOLUTION HEREBY AUTHORIZES A CONDffiONAL USE PERMIT FOR THE FOLLOWING DESCRIBED REAL PROPERTY FOR THE PURPOSE OF ESTABLISHING A RECEPTION, CONFERENCE & ASSEMBLY FACILITY ON PROPERTY ZONED "RA-1" RURAL AGRICULTURE DISTRICT AND LOCATED AT 7711 SW 61"' STREET IN AUBURN TOWNSHIP, AND LEGALLY DESCRIBED AS FOLLOWS:

Tract 1: The East haJfofthe Northeast Quarter of Section l, Township 13 South, Range 14 East of the 6th P.M., Shavmee County, Kansas, EXCEPT the part platted as Lot l, Block A, Antique Subdivision. Tract il: Lot 1, Block A, Antique Subdivision, Shawnee County, Kansas. Tract III: The South half of the West half of the Northeast Quarter of Section 1, Township 13 South, Range 14 East of the 6th P.M., in Sha'Nl1ee County, Kansas.

SECTION 2. CONDIDONS SUBJECT TO:

1. Usc and development of the site as a reception, conference and assembly facility in accordance with the site plan titled FARM :Ministries and dated October 31, 2018.

2. Compliance with the applicant's written narrative titled The FARM Ministries received October 23, 2018.

3. Submission of a written report from Shawnee County Fire District No. 2 setting the maximlllll occupant load for the Barn and Gym buildings. The 'Written report will need to be received prior to commencement of use.

4. Dedicate 52.5-feet of right-of-way on SW 61•t Street as measured from the section line. The dedication of right -of-way will need to be completed prior to commencement of use.

5. Dedicate 52.5-feet of right-of-way along the east property like to provide the west-half of the right­of-way for SW Indian Hills Road extending south of SW 61 •t Street. The dedication of right-of­way will need to be completed prior to commencement of use.

6. Submission of a Class "A" Drainage Report will need to be submitted and reviewed and approved by the Shawnee County Public Works Department prior to commencement of use.

7. All three (3) off-street parking areas will need to be completed and available for use prior to commencement of use.

8. The use of a sound amplification system within either the Barn or Gym buildings will be permitted provided the sound generated will not be perceptible beyond the property line.

9. Tbe Barn may be u.<;ed year round for ministry and fundraising functions subject to the hours of 8:00am to 10:00 pm, Sunday through Thursday, and, 8:00am to 11:00 pm, Friday and Satillday.

10. The Gym may be used year round for ministry and fundraising functions subject to the hours of 6:00am to 9:30pm.

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11. The outdoor venue areas shall be restricted to the hours of 8:00am to 6:00 pro on any day of the week, April through November, except four ( 4) events per month may extend to 10:00 pm.

12. With exception of the nature/walking trail, outdoor activities within the North/Northeast Outdoor Venue Area will be restricted to the prairie meadow west of the three (3) acre pond and the area immediately east of the Barn.

13. The use of sound amplification outdoors shall be restricted to the prairie meadow west of the three (3) acre pond with output at the source limited to not moi:e than SO decibels and speakers point to face west.

14. No single event or combination of events, no matter ministry and/or fundraising, shall exceed 200 people on the property at any time.

15. Overnight camping in conjunction with an event shall be restricted to fue prairie meadow west of the three (3) acre pond.

16. The installation of the septic tank and lateral field system connected to the Barn shall he installed and inspected and approved by the Shawnee County Health Department prior to commencement of lL"!e.

17. To maximize safety in relation to South Pointe Bay Subdivision to the east, any ministry using the property for hunting is encouraged not to use the east-half of the southern portion of the outdoor venue.

SECTION 3. TillS RESOLUTION SHALL BECOME EFFECTIVE UPON ENDORSEMENT BY THE MEMBERS OF THE BOARD OF COMMISSIONERS AND PUBLICATION IN THE OFFICIAL COUNTY NEWSPAPER

DATE:--------~ 2018.

Kevin J. Cook, CHAIR

Michele A. Buhler, VICE-CHA.ffi.

Robert E. Archer, :MEMBER

ATTEST:

COUNTY CLERK, Cynthia A. Beck

APPLICANT: Kenneth Brian Boyd CASE NO: CU18107

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CONDITIONAL USE PERMIT REPORT

OF THE

Shawnee County Planning Commission

CASE NO.: CU18/07 BY: Kenneth Brian and Karissa Boyd

REQUESTED ACTION: Establish a Reception, Conference and Assembly Facility

IN ACCORDANCE WITH APPLICABLE STATUTES AND LOCAL RESOLUTION, THE PLANNING COMMISION HELD A PUBLIC HEARING ON NOVEMBER 13, 2018 TO CONSIDER THE ABOVE IDENTIFIED PROPOSAL TOGETHER WITH THE FACTS, CONDITIONS, TESTIMONY, AND THE REPORT OF THE PLANNING DEPARTMENT.

BASED THEREON, THE PLANNING COMMISSION, UPON A MAJORITY VOTE OF THE QUORUM, (3-1-0) RECOMMENDS APPROVAl, (COMMISSION MCCURRY DISSENTING) SUBJECT TO:

1. Use and development of the site as a reception, conference and assembly facility in accordance with the site plan titled FARM Ministries and dated October 31, 2018.

2. Compliance with the applicant's written narrative titled The FARM Ministries received October 23, 2018.

3. Submission of a written report from Shawnee County Fire District No. 2 setting the maximum occupant load for the Barn and Gym buildings. The written report will need to be received prior to commencement of use.

4. Dedicate 52.5-feet of right-of-way on SW 61'1 Street as measured from the section line. The dedication of right-of-way will need to be completed prior to commencement of use.

5. Dedicate 52.5-feet of right-of-way along the east property like to provide the west-half of the right-of-way for SW Indian Hills Road extending south of SW 61'1 Street The dedication of right-of-way will need to be completed prior to commencement of use.

6. Submission of a Class "A" Drainage Report will need to be submitted and reviewed and approved by the Shawnee County Public Works Department prior to commencement of use.

7. All three (3) off-street parking areas will need to be completed and available for use prior to commencement of use.

8. The use of a sound amplification system within either the Barn or Gym buildings will be permitted provided the sound generated will not be perceptible beyond the property line.

9. The Barn may be used year round for ministry and fundraising functions subject to the hours of 8:00am to 10:00 pm, Sunday through Thursday, and, 8:00am to 11:00 pm,

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Friday and Saturday.

10. The Gym may be used year round for ministry and fund raising functions subject to the hours of 6:00 am to 9:30 pm.

11. The outdoor venue areas shall be restricted to the hours of 8:00 am to 6:00 pm on any day of the week, April through November, exceptfour (4) events per month may extend to 10:00 pm.

12. With exception of the nature/walking trail, outdoor activities within the North/Northeast Outdoor Venue Area will be restricted to the prairie meadow west of the three (3) acre pond and the area immediately east of the Barn.

13. The use of sound amplification outdoors shall be restricted to the prairie meadow west of the three (3) acre pond with output at the source limited to not more than 80 decibels and speakers point to face west.

14. No single event or combination of events, no matter ministry and/or fundraising, shall exceed 200 people on the property at any time.

15. Overnight camping in conjunction with an event shall be restricted to the prairie meadow west of the three (3) acre pond.

16. The installation of the septic tank and lateral field system connected to the Barn shall be installed and inspected and approved by the Shawnee County Health Department prior to commencement of use.

17. To maximize safety in relation to South Pointe Bay Subdivision to the east, any ministry using the property for hunting is encouraged not to use the east-half of the southern portion of the outdoor venue.

SUMMARY STATEMENT OF PLANNING COMMISSION: The Planning Commission majority concurred with the conclusions and rationale of the Planning Staff and therefore adopts the staff report and recommendation as the report and recommendation of the Planning Commission with a few exceptions. There were nine (9) people who spoke in favor of the proposal and fourteen (14) who spoke in opposition. Those speaking in opposition were primarily from the South Pointe Bay residential subdivision immediately to the east.

As with all proposals, the question is how well the proposed use can co-exist with neighboring property. In this case, the subject property comprises 120-acres include a quarter-mile of frontage on SW 61'1 Street and extending a half-mile deep by a half-mile wide at its greatest extent. The property is bounded by large undeveloped tracts of land to the north, south and west. If the Conditional Use Permit was confined to the two (2) existing buildings, it is believed their use would constitute minimal, if any, conflict with area property given the parcel's size and internal building setbacks. However, the applicant's proposal includes outdoor venue space that generated the greatest concern, especially with respect to residents of South Pointe Bay subdivision to the east. Again, based on parcel size and interior setbacks, the majority of the Planning Commission believed the use of the outdoor venue area could co-exist with that of neighboring property. To

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minimize the possibility, the Planning Commission recommended to restrict the size of any single event or combination of events occurring anywhere on the property to no more than 200 people; that all activities will conclude by 10:00 pm; and, that all outdoor activities will conclude by 6:00pm, except that four (4) times a month outdoor activities may extend to 10:00 pm. The Planning Commission believed these, along with the conditions recommended by the Planning Department, would maximize compatibility with neighboring property.

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MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018-6:00 PM Shawnee County Annex

Roll Call and Announcement of Hearing Procedure: Judy Moler, Chair, called the meeting to order at 6:04p.m., reviewed the hearing procedure and asked for roll call to be taken.

Members Present: Judy Moler, Matthew McCurry, Chad Depperschmidt and Christi McKenzie. With four members present, a quorum was established.

Members Absent: Brian Aubert, Jerry Desch, Jake Fisher.

Staff Present: Barry T. Beagle, Planning Director; Joelee Charles, Administrative Assistant; and, Joni Thadani, Assistant County Counselor.

Aooroval of October 8, 2018, Public Hearing Minutes: Ms. McKenzie moved to approve the October 8, 2018, Public Hearing minutes, seconded by Mr. Oepperschmidt, and with a unanimous voice vote, the minutes were approved.

Communications: Mr. Beagle stated three additional communications were provided to them as well as those included in the agenda packet.

Ex Parte Communication by Members of the Commission: None were indicated.

Declaration of Conflict of Interest by Members of the Commission or Staff: None were indicated.

Zoning and Subdivision Items:

1. CU18/06 by McCollum Family Trust seeking a Conditional Use Permit to establish a bed and breakfast inn on property zoned "RR-1" Residential Reserve District and located at 3521 SE Paulen Road in Tecumseh Township.

Mr. Beagle stated the applicant is requesting to utilize 8.3 acres of their total 30.40 acre tract in order to use their home as a bed and breakfast inn and their 1 ,344 square foot barn for social events. The remaining 22.1 acres will continue to be used for agricultural purposes. The property is located on the fringe of residential development extending east of Lake Shawnee. The area consists of platted subdivisions, individual rural residential home sites and large undeveloped agricultural tracts. It is anticipated to continue to transition for primarily low density residential land use.

The bed and breakfast inn would include up to four guest rooms. Areas of the home would be shared by guests. There would be no change to the exterior appearance. Events such as weddings, receptions, parties, business engagements, etc. would be held in the bam located south of the dwelling. Up to five events per month could be scheduled by prearranged lease and held on any day of the week between 9 a.m. to 10 p.m. No more than one event would be held at one time. The Shawnee Heights Fire District set the maximum occupancy for the barn to 90 people.

Two outdoor areas located by the barn could be used but no outdoor sound amplification is allowed. A four foot wooden privacy fence is proposed to be built along the south side of the entrance drive for the first 125 feet into the property in order to shield the house immediately south of the drive from headlights of southbound vehicles turning into the property. A 33 stall gravel parking lot is proposed to be buih near the north property line. A two foot high guard rail will be installed along the north property line at the parking lot to contain traffic movements.

Given the size of the parcel, setback from adjacent property lines and physical separation from nearby residential property, it is not anticipated that the combination of social events in conjunction with the bed and breakfast inn will have an adverse impact on neighboring property. Overall the Planning Department finds the operation of the bed and breakfast inn to be consistent with its setting; however, to maximize compatibility with neighboring property, the Planning Department recommends the CUP be approved subject to the conditions outlined in the staff report.

With no questions for Mr. Beagle, Ms. Moler called Mr. McCollum to make his presentation.

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Rod McCollum, 3521 SE Paulen Road, Topeka, KS 66605. • Originally submitted a letter with details of the operation. Submitted a new fetter recently with

changes based on the neighbors' concerns. • Will pave the driveway from his initial profits due to the concerns about dust off the driveway. • Not trying to optimize a business plan to make lots of money. Wants to make a retirement income

so he can live on the same property that he was born and raised on. • Wants to schedule one wedding on a Saturday afternoon. The other events would be more for

charity and neighbors that he can help. • Would provide some jobs for high school students. • Would generate local dollars and generate more tax dollars. • The barn has been renovated. The west end of the barn would be used for the business. • Weddings would be held on the bottom deck. Guests could sit outside. A tent would be available to

keep them out of the weather. • The upstairs portion of the barn would be used by guests to get ready for weddings. • Was not sure if the barn would be viable for use in the cooler months since it was a smaller barn. • Wants to preserve the small barn and decorate it similar to Cracker Barrel. • The barn is located about a quarter mile from Paulen Road and cannot be seen since it is in a valley. • The western part is surrounded by trees. • Outside activities would be kept in the west area. • Additional trees could be planted. • Asking for patience and understanding and if he is allowed to share his property, he could grow old

and die where he was born and raised.

Ms. McKenzie asked when the business would open. Mr. McCollum is planning for it to be available in the middle of April2019. Originally, he wanted to build another home after taking care of his mom and dad but found out he could not have two houses on the same driveway.

With no further questions for Mr. McCollum, Ms. Moler asked if anyone wanted to speak in favor.

Tony Arbaiza, 4125 SE 34'" Terrace, Topeka, KS 66605. • Lived at his home for over twenty years and has enjoyed the view from his deck overlooking the

McCollum property, including the barn, which is close in proximity. • Met with Mr. McCollum and was provided a tour. A lot of work was completed. • Thought it would be nice for special events. • Spoke with some young people recently about Mr. McCollum's plans. These event centers were in

high demand. Knew someone who has to wait until the spring of 2020 for their venue to get married. • Thought it was a good business model. • The alternatives of possibly losing the view, dealing with months of construction, lower property

values and the loss of a good neighbor didn't sound too good to him. • Thought Mr. McCollum's request was very reasonable. • With self imposed limits, disturbances and the impact to the neighborhood will be minimal. • Hoped Mr. McCollum would be given the opportunity to make his plan become a reality.

With no further comments in favor, Ms. Moler asked if anyone wanted to speak in opposition.

Kirk Behymer, 3625 SE Paulen Road, Topeka, KS 66605. • Concerned about increased traffic on Paulen Road, decreased water pressure, who would enforce

the curfew and the number of events per month. • Asked if people would park on Paulen Road during inclement weather. • The paperwork states events would conclude by 10 p.m., with a maximum of five events per month.

Has never been to a wedding reception that concluded by 10 p.m.

Mr. Depperschmidt asked who would enforce the rules. Mr. Beagle stated events would be self enforcing. The proposed 33-stall parking lot should be sufficient for up to 90 guests based on the

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MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

average of three persons per vehicle so parking on Paulen Road is not anticipated. Offsite parking is not allowed. If an applicant is not operating according to the conditions, any infringement or violation should be reported to the Planning Department. An investigation would be completed to determine if that is the case. If so, the Planning Department would work directly with the property owner on the issue. However, if there is a repeated offense with regard to one of the conditions, the Planning Department would require another public hearing to revoke the Conditional Use Permit. Up to this point, no CUP has ever been revoked. Also, the maximum number of people per event is 90.

Juan Barranco, 3513 SE Paulen Road, Topeka, KS 66605. • Concerned about entertainment on the deck with the use of outside speakers, the dust generated

from the gravel driveway, the glare of the headlights and tree line. • Has lived on his property for 20 years with his wife who is retired. He is semi-retired. • His home has been broken into three times. • Didn't think Mr. McCollum was aware of two incidents in the back and front yards where people were

four wheeling. There is no fence line to keep people from crossing onto his property. • A 125 foot privacy fence is proposed but his driveway is 250 feet • In the last 20 years, has paid approximately $50,000 in taxes. • Didn't think it was a good idea. The neighborhood is peaceful. • Concerned about what will happen when the residence is sold. • Concerned about a fire in the barn and if a sprinkler system was included. • Concerned about underage drinking and how the use of alcohol would be monitored. • Concerned about the placement of neon signs and lights down the driveway.

Mr. Beagle stated the use of speakers outdoors would not be allowed per the bed and breakfast regulations. Mr. Depperschmidt and Ms. McKenzie had questions about the privacy fence. It was determined that the placement of the fence was to block the headlights.

Doug Zerger, 3520 SE Paulen Road, Topeka, KS 66605. • Lives across the street with his wife and children on four acres that was purchased in 2002. • Thought their driveway would potentially be impacted the most. • Concerned about their children's safety with the increase and duration of traffic. • Concerned about the headlights shining onto their house all night long. • Heard that hedge trees might be placed in their front yard which would block their view. • Their living room and their boys' bedroom is located in the front of the house. • Concerned about security and the people driving in the area.

Darla Zerger, 3520 SE Paulen Road, Topeka, KS 66605. • Concerned about alcohol being served and people driving impaired and who was responsible for

monitoring that. • Concerned about their kids driving four wheelers with the increased traffic.

Cleo Roehrman, 3545 SE Paulen Road, Topeka, KS 66605. • Purchased his land from Mr. McCollum's father who placed numerous restrictions on the land

because he wanted it for homes for families. • Building a home in 2019 on the lot located between his current property and Mr. Barranco's. • Will also be affected by the dust, lights, noise, etc. • Against the proposal because 23 years ago he moved out there to live in the country.

With no further comments in opposition, Ms. Moler asked if Mr. McCollum had a rebuttal.

• Rod McCollum, 3521 SE Paulen Road, Topeka, KS 66605. • In response to the concerns about dust, the driveway will be paved once enough revenue is raised. • There are lots of houses on gravel roads and they are dusty. • A barricade could be added so traffic can only turn left.

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• A sign could be placed along the driveway to keep speeds down. Any literature would have directions that would bring guests in from 291

h Street. • Did not plan to have a liquor license and preferred no alcohol. The person dispensing the alcohol

will be responsible.

Ms. Moler closed the hearing and asked for discussion. Mr. Depperschmidt indicated these cases were difficult for him. He supports landowner rights when it does not affect others. He had no issue with the bed and breakfast. Ms. McKenzie agreed that this was difficult. There were various issues to consider such as the driveways and lights. With no further discussion, Ms. Moler asked if anyone had a motion.

Ms. Moler reopened the hearing. Mr. Depperschmidt asked Mr. McCollum if he would consider just having a bed and breakfast. Mr. McCollum didn't think the bed and breakfast would generate enough business without weddings bringing in out of town guests. In regard to the driveway across the street, if the cars turn to the left there would be no swiping from the headlights. He could stand up there to make sure the cars tumed left. It would be one of the jobs for the high school students. Ms. Moler closed the hearing.

Mr. Depperschmidt moved to approve the Conditional Use Permit with the specified conditions, Mr. McCurry seconded the motion. Ms. McKenzie asked for the hours of operation. Ms. Moler said it would be open from 9 a.m. to 10 p.m. With a vote of 2-2-0 (Mr. Depperschmidt and Ms. Moler dissenting}, the Conditional Use Permit was disapproved.

Mr. Beagle stated the case would be heard by the County Commission on Monday, December 3, at 9 a.m. The case is being recommended for disapproval by a 2-2 vote.

2. CU18/07 by Kenneth Brian & Karissa Boyd seeking a Conditional Use Permit (CUP) to establish a Reception, Conference & Assembly Facility on property zoned "RA-1" Rural Agriculture District and located at 7711 SW 61 101 Street in Auburn Township.

Mr. Beagle stated the 120-acre property is largely used for agricultural purposes with the majority of the land leased for cattle and for game. Two agricultural buildings sit on the property. The residence that once occupied the property was destroyed by fire in 2013 and not replaced.

Since the purchase of the property in 2015, they have allowed various organizations to use the property. Operating under the name of The FARM Ministries, it is a 501 (c)(3) corporation. It is the applicants' intent to use the property primarily for spreading the gospel and see this as a ministry opportunity.

The property is located two miles west of Washburn Rural High School in a rural area with a mixture of large agricultural tracts and residential home sites. An exception to this pattern and development is the residential subdivision of South Pointe Bay. This area has experienced a gradual transition from predominantly agricultural land use to rural residential land use over an extended period of time.

The proposed reception, conference and assembly facility would consist of both ministry functions and fundraising events. Whereas the ministry is the primary purpose for use of the property, the applicants propose to allocate a small amount of time for fundraising events since the primary goal is to provide support and funding for the ministry operations. Churches, schools, businesses and other non profits would be invited to host day retreats, seminars or other events such as weddings about once a month.

The three components that basically comprise the subject property are agricultural operations, ministry activities and fundraising events.

The agricultural use of the land is not subject to the Conditional Use Permit but it is a viable part of the 120-acre parcel. A majority of the property will continue to be leased for cattle and hay. The south and southwest portion, approximately 70 acres, is fenced off for cattle. Other farm operations include a small fruit tree orchard, raised vegetable garden planting beds, chicken coops, apiaries and honey collection.

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MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

Ministry activities is included as part of the Conditional Use Permit. Since acquiring the property, the applicant has allowed various church and ministry groups to use the property for baptisms, youth group meetings, women's gatherings, scouting troop meetings, Christian school sport practices, etc.

Most ministry activities will take place in the south metal building known as the barn. Activities will occur, on average, one day a week from 8 a.m. to 11 p.m. on given day of the week.

The north metal building known as the gym building is used for pick-up basketball games which occur three nights a week between the hours of 7-9:30 p.m. The hours may be extended to 6 a.m. to 9:30p.m. if a morning workout group is started.

There are two defined outdoor activity areas. The south/southwest outdoor venue area comprises 70 acres and will be fenced off to confine cattle. The use of this area will be limited to ministries, families for fishing and hunting about one day a week from April to November.

The north/northeast outdoor venue area is a smaller area consisting of 50 acres including two metal buildings, the orchard, the garden planning beds, apiaries as well as a three acre pond and a nature walking trail. The majority of the outdoor activities would be found in this area between April and November between the hours of 8 a.m. to 10 p.m. on Sunday through Thursday, as well as from 8 a.m. to 11 p.m. on Friday and Saturday. Ministry uses would include church picnics, Easter celebrations, Pioneer boys club outings, scouting events/campouts, school field trips, 4-H club events and a variety of other things.

Another part of the Conditional Use Permit includes fundraising activities. The applicant is proposing to appropriate a small amount of time for fund raising events with the primary goal of funding the ministries. The bam would be the primary location for fundraising events consisting primarily of weddings. They would hope to host up to but not more than 12 weddings per year. Should the number of weddings not be realized, it would be used for receptions which would be fewer still but also could accommodate such things as birthday and holiday parties, showers, etc. Such activities were anticipated to be less than one event per month during the hours of 8 a.m. to 11 p.m.

The gym would also be used for fundraising events but less frequently. It could be used for corporate team building exercises and fundraising tournaments.

The north/northeast outdoor venue area may also be used for fundraising events but would be limited to only a few days annually for weddings. Other possible fundraisers include business patron appreciation barbecues, catered events, receptions, family reunions and retirement celebrations. Most of these events would be confined to the west shore of the three acre pond which is 360 feet west of the east property line and in the area immediately east of the barn.

Both the ministry and fundraising functions are intertwined and sometimes difficult to separate considering the different days and hours of operation depending upon the activity and its location.

In order to understand the full scope of activities, staff is recommending the proposal be evaluated as a whole as apposed to breaking it down and evaluating the separate component parts of ministry and fund raising activities. Both generate land use activity that is capable of generating offsite impacts. For this we need to ask how the facility relates to the established character of the area and neighboring property. Land use compatibility is ultimately a measure of how well a proposed use will coexist with neighboring property. Land uses with widely different characteristics such as traffic, noise, and other activities are likely to be incompatible when placed adjacent or in close proximity to each other.

The subject property consists of 120 acres and has a quarter mile of frontage on SW61 51 Street and extends to a depth of one-half mile and is also one-half mile wide. It is bounded by large acreage tracts

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' . . ' MINUTES OF THE

SHAWNEE COUNTY PLANNING COMMISSION Tuesday, November 13, 2018

to the north, south and west that are either undeveloped or devoted to agricultural land use and a low density residential subdivision to the east.

The effects of on-site activities for the most part would be self contained. The greatest opportunity for conflict relates to the subdivision. If an activity is confined to certain locations, there would be minimal impact. The nearest building is 800 feet to the north on SW 61 51 Street. If activities are confined to the buildings, it is not anticipated that activities will have a negative impact.

Outdoor activities would occur during April to November and be restricted to 10 p.m. Sound would be restricted to 80 decibels and the speakers would face to the west. No single event should exceed 300 people. Camping would be available in the prairie meadow. Three different parking areas were originally proposed; however, it was determined that only one parking lot is needed. Eighty stalls are proposed for parking so the maximum number of people at any one time would be 240. The primary areas to be used would be the bam and the gym. No negative impact is anticipated to area property with the conditions proposed. Public Works is requesting additional right of right of way to be dedicated in two areas. Staff is recommending approval with the 17 conditions noted in the staff report.

With no questions for Mr. Beagle, Ms. Moler called Mr. Boyd to make his presentation.

Brian Boyd, 7711 SW61" Street, Topeka, KS 66610. • Has been a resident of Topeka for ten years and has owned the property for three years. • Previous owner allowed him to hunt, fish, play and enjoyed the property for ten years before buying. • Knew God had big plans for the property. • They have always wanted to preserve it just as it is as an agricultural farm. It has a lot of charm. • Their goal was to not develop it or allow it to be developed. • It is a unique property with a barn and a gym that can be used for indoor and outdoor activities. • Property is close to Washburn Rural High School and close to town. • Gives people and kids something to do. Keeps them off the streets and doing something other than

using social media. They are more physically isolated and it has caused a lot of anxiety, depression and suicide. In Kansas alone since 1999, suicide has increased 45 percent. One was just this past year, a student from Washburn Rural.

• Makes his heart said and knows there are students down the street that are struggling with that loss. • That kid and others are just one relationship away or one conversation away or one positive

experience away from having different lives. Believes they can fill that niche. • Has been paying for a lot of the ministries and the expenses have exceeded the productivity. • Didn't think it was wise for him to keep paying for it since he has a wife and four daughters. • Wants it to be self sustaining and they don't want to sell it for a big profit. • Earlier this year, they made it into a 501(c)(3) not for profit called The FARM Ministries. • Wants to use the tools that they already have on the land including the charm, the beauty, the

outdoor aspect and the buildings and make it financially sustainable. • Heard the neighbors' concerns. Wants to be a respectful neighbor. Thought there would be minimal

impacts.

Karissa Boyd, 7711 SW 61" Street, Topeka, KS 66610. • Property has been used previously for everything they are proposing but at no charge. • One outdoor wedding was held and a large number of people have visited and parked in the field. • Large events have occurred with no negative impacts. • In the future, the only difference would be to ask for a fee to help sustain it.

Mr. Depperschmidt asked how many times it is used at night. Mrs. Boyd said it varies from the time of the year. All year round it is used three nights a week with guys playing basketball from 4 to 7 p.m. It has been used for the past three years.

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Dan Holloway, Cook, Flail & Strobel, 5520 SW Lincolnshire Circle, Topeka, KS 66610. • Helped the Boyds create their site plan. • Available to answer any questions.

Mr. Depperschmidt said he was aware of the events and asked what areas had been utilized. Mrs. Boyd said the three acre pond had been used for baptisms as well as the wedding. The reception and dance was held in the barn. Speakers were used. Cair Paravel Latin School held a camp out and more of it was used and not just west of the three acre pond. The majority of the bigger events were held exclusively to the west of the three acre pond. Knew there was some concern about the trail.

With no further questions for Mr. and Mrs. Boyd, Ms. Moler asked if anyone wanted to speak in favor.

Ryan Wynne, 1625 SW Central Park Avenue, Topeka, KS 66604. • Currently director of a local ministry and speaking on behalf of the ministry side for the organizations

that have utilized the land for ministry purposes. • It was a generous offer from the Boyds to use their property. The ministry does not have much

access to a lot of spaces to bring kids and have events was a huge blessing. • Thought it was a good option when the Boyds proposed to use their property as a ministry space

that could be used by other non profits, churches, organizations. • Wondered why the Boyds wanted to allow access to their property for ministry and other

organizations. • They wanted to leave a lasting legacy for kids, families and organizations to have a space to get

away from everything, a quiet space. • The City of Topeka needs this kind of space.

William Rice, 6431 SW Urish Road, Aubum, KS 66402. • Lives 1.5 miles from the property. • Uses the barn and it has been a positive experience. • 25 guys have been present from 7 to 9:30 p.m. It is well ordered, maintained and quiet and the

attendees are gentlemen. • Living in the area, he finds it valuable that their mission is to keep it open land. • He has a religion and ministry degree and sees what they are using their property for and their vision

for the future to connect with people to provide something positive.

Willie Carter, 4402 SE Oakwood Street, Topeka, KS 66609. • Visits location often to play basketball. • Has a ministry also and they have talked about having events or conferences at the property. • Before they play basketball, they read scripture and offer prayers for those who are in need of

healing. • Volunteers to cut grass. • Has brought his grandson to the location where he can run free. • The Boyds' hearts are in the right place.

Brian Budden, 4340 SE 24• Place, Tecumseh, KS 66542. • Speaking as a character reference and has known the Boys for ten years. • Their children go to Sunday school together. They teach Sunday school together at Topeka Bible

Church. • Has visited the property for events and hunted the land for two years. • They are people of character and their hearts are in the right place. • It is a place that Topeka needs for young men and women. • The Boyds do not want to impact the neighbors. • Was in attendance at the event for the neighbors. Thought the gap between the neighbors'

concerns and how the Boyds want to their property could be mitigated with a few ideas.

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MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

Jason Brent, 5001 SW Cedar Crest Road, Topeka, KS 66606. • Currently the children's pastor at Topeka Bible Church. • In support of the proposal. • Has been in ministry working with chlldren and youth since 2002 in Topeka. • There are not many accessible pieces of land that people are willing to offer to churches and non

profits to use for the good of the children and it is a huge benefit • By allowing the Boyds to have the few fund raiser events would allow them to be able to seiVice any

ministry, any church or any size. Lots of ministries do not have a lot of money to be able to rent.

Michael McFadden, 1312 SW 31'1 Street, Topeka, KS 66611. • Has known the Boyds for four years. It is a great honor to be a friend of this God fearing family

dedicated to self and service for their missionary work. • The Boyds took a leap of faith in purchasing their property which was not for personal profit or public

accolades but to have a multifaceted facility for the community. • Witnessed an outdoor baptism by the pond while other amenities have been used for other events. • The Boyds have been growing crops since the purchase. • He represents a men's basketball ministry. Being a husband, father, youth basketball coach and

disabled Army veteran, he doesn't get to play as often. • There are not a lot of places to play ball and it gives the group a much needed break. • There are simple rules and they pray before they play. • Fully supports The FARM Ministries.

Donnie Hibler, 1805 SE 85'" Street, Wakarusa, KS 66546. • Has known the Boyds for years. • Has helped them out on the property and witnessed some of the events held there. • Works for corrections and his nature to make sure everything is safe. • Events are kept over by the barn. • Kids have a great time and a lot of them haven't spent time in the country.

Les Steinlage, 1010 NW Menninger Road, Topeka, KS 66618. • Met the Boyds when him and his wife traveled to Haiti which is a big part of the ministry. • Was invited out when the Boyds dedicated the land with the use to glorify God. • The Boyds are real people and honored to be their friend.

Brandon Griffith, 131 SW Greenwood Avenue, Topeka, KS 66606. • Everyone works hard for their property. Understood the concerns. South Pointe Bay is a beautiful

neighborhood. • The Boyds understand the concerns and the fear people have when they hear there is a possibility

of events being held. • Events have been held that most people don't know about. • It is very quiet. • The goal is to preserve the country feel and not develop it. • If there is an event and something is troublesome, they would fix it. • The Boyds want to work with the neighbors because they want it to be a benefit for everyone. • Didn't think there was anything that couldn't be worked out. • The Boyds are very strong charactered people that anyone would be proud to be friends with.

With no additional comments in favor, Ms. Moler asked if anyone wanted to speak in opposition.

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MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

Braden Palmberg, 6213 SW South Pointe Drive, Auburn, KS 66402. • His sister owns the parcel east of the three acre pond and plans to build in 2019. • Wants to know who owns the property, the Boyds or the 501 (3)(c}, and who maintains the insurance

if there was an accident. • Concerned about the hours of operation, the events held overnight, the closeness to neighbors,

noise, trees, gun fire and hunting. • If the pond is to be a focal point of any event, speakers should face east not west. • Sound would directly affect neighbors on the west side of South Pointe Bay. • His sister has expressed likely to not build and just bought two months ago. He just purchased his

property four months ago for the peace and quiet. • Concerned for their children. • Will impact their neighborhood.

Mr. Depperschmidt asked what impacts there have been from the activities held there. Mr. Palmberg stated he can hear what he believes as noise from the Boyd's property but doesn't know for sure if it is coming from there or not. He has concerns about how the sound carries and the hunting.

James Allen, 6334 SW Bayshore Drive, Auburn, KS 66402. • Within a 1,000 feet and was notified by mail of the hearing. • Protests the proposed conditional use permit. • He is in awe of people who take on Christian ministries and supports those activities. • Concerned about the outdoor activities, the days/hours of operation, the noise from the speakers,

the number of people and the outdoor hunting. • As a gun owner, he is a strong proponent of the Second Amendment and supports hunters' rights. • From his yard he hears loud semi automatic gun fire coming from the west. It is dangerous for the

neighborhood. As an honorably discharged Army veteran, he knows what it sounds like. • It is not the place for a commercial hunting enterprise.

Ms. Moler asked for the hours of operation. Mr. Beagle stated they would be from 8 a.m. to 10 p.m. on Sunday through Thursday and 8 a.m. to 11 p.m. on Friday and Saturday.

Bryan Love, 6510 SW Bayshore Drive, Auburn, KS 66402. • Commends the Boyds for their Christian beliefs. • Born and raised on a farm in southwest Kansas. • Has lived in his home for one year and purchased it for the quietness. • Has heard activity on the Boyds' property. • Concerned about the number of people, there being only one entrance, the traffic, constant noise

and sound, hunting and the gun shots. • Fellowship Bible Church has no affiliation or used the property.

Dr. Terry Gamey, 6431 SW Bayshore Drive, Auburn, KS 66402. • Is a school board member. • Knew the previous owner and has used the gym. • Has heard people talking and semi automatic rifle fire. • Concerned about the noise, traffic, hunting, noise and property values.

Lee Gardner, 6413 SW Bayshore Drive, Auburn, KS 66402. • Knows the Boyds. • Has heard gun shots. • Concerned about the people, noise, hunting and property values. • Bought the land and built a home in the area for the quiet.

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MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Tuesday, November 13, 2018

Joe Christ, 6229 SW Bayshore Drive, Auburn, KS 66402. • Opposed. • It will be a commercial operation. • Concerned about noise, amount of people, lights, hunting, gun shots and would be in the line of fire. • Has a screened in porch and it would destroy their peaceful environment • The Boyds are wonderful people but they are trying to raise money at the neighbors' expense. • Would be impacted considerably. • The conditional use permit would allow for commercial business. • Ravenwood is in the area and has commercial zoning. • There is no onsite security. • Not an appropriate use of land. • Would protest and litigate if approved by the County Commission. • Questions their 501 (3)(c) status.

Ms. Moler asked if the RA-1 zoning would allow for a conditional use permit. Mr. Beagle said the RA-1 zoning would accommodate the proposed use. Even though it is not a change in zoning, it is making a specific authorization for that specific use. As part of the process, the proposal is reviewed and an assessment is made whether that use is consistent and compatible with character of the area and its relationship with nearby property. Conditions may be attached if necessary to make the property and its use more compatible with neighboring property. In this case, even with the fundraising events, it is not considered a commercial venue.

Richard Terrill, 6315 SW South Pointe Drive, Auburn, KS 66402. • Concerned about the increase in the increased traffic, hunting, noise and hours of operation. • Has not seen any on site activity. • Can hear the activity at Ravenwood from his home. • Opposed.

James Simpson, 6207 SW Bayshore Drive, Auburn, KS 66402. • Spends a lot of time outdoors and has a batting cage at the rear of his property and trails cut through

their property. • Hear voices and gun shots. • Concerned about privacy, the hours of operation, camping, gun shots and the number of people. • Will be detrimental to their peace and well being.

Bryan Smith, Attorney, 5930 SW 29" Street #200, Topeka, KS 66614. • Representing the Caplingers' (Pam and Jim, Jr.) trusts. Pam lives at 6539 SW Bayshore Drive and

owns 40 acres immediately south and adjacent to the subject property. • The CUP request is from private individuals and does encompass commercial activities. • Ms. Caplinger is concerned about the gunfire and deems it a problem. • Ms. Caplinger's concern is this is a commercial activity. The CUP would allow up to 300 people per

event from 8 a.m. to 10 p.m., Sunday through Thursday; and a a.m. to 11 p.m. on Friday. • Ms. Caplinger has no qualms with the activities of charitable people. The CUP application does nat

ask anyone to evaluate the character of the applicant. • Ms. Caplinger is also concerned about the sanitary sewer system far 300 people. • Ms. Caplinger opposes the CUP is requesting they vote no.

Thomas Charest, 7430 SW 61" Street, Topeka, KS 666t0. • Spent over a year looking for the land he purchased in 2016. Spent most of his life savings to build

and move into his new home on April 15, 2018. • Lived previously across from Jardine Middle School for 41 years. The school board assured them

the traffic and other aspects for the new school would be okay. With minimal changes to 33rd Street, traffic greatly increased and was no longer able to park in front of their homes.

Page 1D of 13

' ' MINUTES OF THE

SHAWNEE COUNTY PLANNING COMMISSION Tuesday, November 13, 2018

• Concerned about the noise. It is usually peaceful around his property. When working outside this summer, he was completely disturbed/annoyed by someone shouting at children with a bullhorn. Can also hear the activity at Ravenwood. Spends a lot of time outside maintaining his property.

• The activity that has gone on over there so far is relatively peaceful. Commends them for their Christian ministries and has volunteered for some of them.

• As a 501(3)(c), The FARM Ministries will pay no taxes to help maintain 61st Street. Totally unfair. • Asked who was going to pay for additional law enforcement for the large venue. • The applicants' statement said they would need to hire full-time employees which would require

them to make a prof1t. Couldn't see how they could support all that as a non-profit venue. • Opposes and requests The FARM Ministries be denied the conditional use permit.

Vern Jarboe, 534 South Kansas Avenue #1000, Topeka, KS 66603. • Represents the clients who own a large tract to the west of the applicants' location. The bought land

to develop it but hasn't done so. • Would impose a burden on his clients. • Concerned about how it may affect others. • Feels they need to reduce parking and the number of people. • Expanding use is a violation. • Client owns a sizable pond that runs into the Boyds' property. People would be invited to use these

open spaces. Concerned about boundaries. Do not want to have the applicants' guests in their pond. Concerned about the liability risk.

• Concerned about the traffic and everyone leaving at once. • Vote no.

Martha Bartlett Piland, 6316 SW Bayshore Drive, Auburn, KS 66402. • Been at this location for eleven years. • Concerned about lighting. • Not enough lighting is a safety issue. • There would be unintended negative consequences. • Concerned about property values. • Vote against it.

Gary Piland, 6316 SW Bayshore Drive, Auburn, KS 66402. • He has helped youth. • The Boyds' heart is in the right place but their property is in the wrong place. • They have a great idea but doesn't want them to fund it with a commercial enterprise. • They need to look for other ways to pay for this other than running commercial events. • Opposed to the conditional use permit but applaud them for what they are doing.

Ms. Thadani asked for speakers who had items not addressed by other speakers.

Bobbi Carson, 6621 SW Bayshore Drive, Auburn, KS 66402. • Wanted to know if the conditional use permit is granted, would the events continue to be free to the

various churches and schools or would they be charged a fee. • Concerned about it being a commercial venue for hunting and leasing the property by the day as a

controlled hunting area. • Opposed.

Ms. Thadani stated a CUP did not allow people to hunt. There is no gun control. The county does not have any regulations.

With no further comments in opposition, Ms. Moler asked if Mr. Boyd had a rebuttal.

Page 11 of 13

. . . . MINUTES OF THE

SHAWNEE COUNTY PLANNING COMMISSION Tuesday, November 13, 2018

Kenneth Boyd, 7711 SW 61" Street, Topeka, KS 66610. • Only three or four houses fall within the 1,000 feet radius. • There is a code of conduct. • Overnight events have occurred for scouting and schools. No complaints. • They have documentation as to their 501(3)(c) and they own the land. • There is a buffer for the sound on the east side. • There is gun fire in the area. People shoot west of their location. Tells their friends to avoid the

South Pointe Bay area when hunting. • Outdoor activity would occur during the day. • Traffic not an issue at present. Most of the traffic would be away from South Pointe Bay. • In regard to the real estate taxes, the county will not suffer. • Will be used as reception, conference and assembly facility and not a commercial venue. • In regard to security, there will be staff on site. • Hunting will be in season. If hunting is a concern, they will discourage people to use the east side of

the property. They don't generate revenue from hunting. • Those who use the property have to sign a code of conduct before using the property. • Sewer system has been inspected by the county. • Anticipating one wedding a month. • Everyone can hear activity at Ravenwood, the marching band from the school and the races at

Heartland Park. • Trying to generate revenue to offset their expenses. Not making money. • In regard to the frequency of the bigger events, outdoor events would only occur a couple of weeks

in the summer. Indoor events would be the main fundraiser and more likely at night.

Ms. Moler closed the hearing.

Mr. Depperschmidt stated he had an issue with the hours of operation. Mr. Boyd said there is a security gate. Ms. McKenzie asked if there could be a compromise on the hours and if they would limit the number of events held outdoors. She understood the concerns. Mrs. Boyd said they would be limited to indoors. It would be self sustaining. The gym has no air conditioning but is heated. The outside activity in the summer would be Monday through Friday, 8 a.m. to 5 p.m. Ms. McKenzie asked if the applicants could renegotiate and come back. Mr. Beagle said they could possible delay it. The Planning Commission would need to indicate their changes.

Mr. Depperschmidt suggested changing the hours and days of operation. Ms. McKenzie thought something should be included to limit the sound and adjust the hours of sound. Mr. Depperschmidt stated if he was the Boyds, he would want to be able to do what he wanted on his property. But if he were the neighbors, he wouldn't want this going on in his backyard either. He thought everything they were doing was great. But it is also a hindrance to the neighbors. He did think there was a compromise. Mr. Beagle said one way to moderate the scope and scale of activity on the property was to indicate specifics by revising the recommendations by staff that there would be no more than three hundred people associated with any one event or in a combination of events occurring on the property at the same time. That number was based upon the original assumption about parking and how many people would be coming to the property. But if their intent was to support functions with an eighty stall parking lot. It was assumed there would be three people per car on average. With an eighty stall parking lot, that would be a total of 240 people. Or if shrinking it down to 200 to be the maximum capacity on the property at any time. It would be a way to try and temper and moderate the scale of activity that would occur on the property.

Ms. Thad ani stated they could offer a motion to defer the item and ask the applicants to come back with some changes or they could offer a motion with their specific changes to the proposed recommendations.

Page 12 of 13

. . MINUTES OF THE

SHAWNEE COUNTY PLANNING COMMISSION Tuesday, November 13, 2018

Mr. Smith stated they would have 14 days to file a protest petition. If something was going to be changed, they would request that notice be given again and another public hearing heard on the changes. It could be an issue legally if it came back with a different application at a later date.

Ms. Thadani stated they could defer it until the December 1 01h hearing. There was no requirement to

provide any additional notice of that hearing.

Mr. Depperschmidt moved to approve the Conditional Use Permit with the conditions outlined in the staff report along with the following revisions: outdoor events can be held any day of the week until 6 p.m.; four outdoor events per month can be held until 10 p.m.; and a maximum number of 200 people for each event. Ms. McKenzie seconded the motion. There were no additional questions or discussion. With a vote of 3·1·0 (Mr. McCurry dissenting), the Conditional Use Permit was approved.

Ms. Moler stated the item would be considered by the Shawnee County Commission on Monday, December 3, 2018.

Public Comment on Non-Agenda Planning and Zoning Items: None were indicated.

Discussion of Planning Related Issues:

Accessory Dwelling Unit Proposal

Mr. Beagle stated he provided them with some examples from other communities who have adopted some form of accessory dwelling unit proposals. There were different reasons.

Adjournment:

Mr. Depperschmidt moved to adjourn, seconded by Mr. McCurry, a unanimous voice vote declared the public hearing be adjourned, which was at 9:06p.m.

Page 13 of 13

. .

November 13, 2018 Agenda Item #2

CONDITIONAL USE PERMIT REPORT

SHAWNEE COUNTY PLANNING DEPARTMENT

APPLICATION NO.: CU18/07

APPLICANT: Kenneth Brian and Karissa Boyd

PROPOSAL: Requesting a Conditional U!le Permit to establish a Reception, Conference and Assembly Facility (RCAF) on property currently zoned "RA-1" Rural Agricultural District and located at 7711 SW 61 51 Street in Auburn Tovmship.

PRESENT USE: The subject property comprises 120-acres with a single point of access on SW 61 51

Street. The property is largely used for agricultural purposes with the majority of the land area leased for cattle and hay. Two (2) agricultural structures, 5,400 and 3,600 square feet respectively currently occupy the property. A single-family dwelling once occupied the property but was destroyed by fire in 2013 and has not been replaced.

According to the applicant's written narrative, outside of the leased ground for cattle and hay, the property has been used for ministry functions operating under the name of The FARM Ministries. Various organizations have used the property for ministry purposes including Young Life, Topeka Bible Church, Topeka Rescue Mission, Fellowship Bible Church, and Cair Paravel Latin School among others. Although formal church services are not conducted from the property, the applicant desires to use the property for spreading of the gospel. Since acquiring the property in 2015, the applicant has made the North Metal Building (Gym) available three (3) days a week for people to use to play "pick­up" basketball free of charge. The applicant's have also allowed their friends to practice basketball and volleyball in the "Gym" as well as allowing Cair Paravel Latin School and Cornerstone Family Schools the use of the building for various practices. All these things are done from a ministry perspective.

PROPOSED USE: In accordance with Section 2.02(c)(l6) of the Shawnee ColUlty Zoning Regulations, the applicant seeks a Conditional Use Penn it to establish a reception, conference and assembly facility (RCAF) on the subject parcel knovm as The F AIUv1 Ministries. The applicant's vision "is to have this property used lo spread the gospel and the love of Christ in a self-sustaining fashion in a non­intimidating environment. " The RCAF will consist of both ministry functions and fundraising events. The ministry functions will primarily be confined to the northern (gym) building including the same groups and ministry events as previously identified. In addition, the applicant proposes to "appropriate a small amount of time towards fundraising events whose primary goal is to support those ministries." The applicant's narrative indicates that churches, schools, businesses and non-profits would be invited to "host day retreats or seminars on the land or other events such as weddings about once a month on the property to help fund the various ministries and sustain the fann."

For additional information concerning the proposed use, consult the applicant's written narrative titled The FARM Ministries and accompanying site plan.

. .

CHARACTER OF NEIGHBORHOOD; The subject property is located in Mission Township in southwestern Shawnee County. Located approximately two (2) miles west of Washburn-Rural High School, the subject property is part of a rural area consisting of a mixture of large acreage agricultural tracts of land and rural residential homesites scattered along section line roads. An exception to this land use pattern is the residential subdivision of South Pointe Bay immediately east. This area has been undergoing a gradual transition from predominantly agricultural land use to large-lot residential homesites for a period of time. Based on the existing pattern of land use, it is anticipated this area vvill continue to transition from predominantly agricultural land use to low density residential land use over an extended period of time.

ZONING CLASSIFICATION AND USE OF SURROUNDING PROPERTIES;

ZONING CLASSIFICATION

North: "RA-1" Rural Agricultural District South: "RA-1" Rural Agricultural District East: "RA-1" Rural Agricultural District Wesl: "RA-1" Rural Agricultural District

0 South Pointe Bay Subdivision

PRESENT LAND USE

Agricultural Agricultural/Undeveloped Single-Family Residential 0

Agricultural

GUIDELINES FOR EVALUATION; In order to protect the integrity and character of the zoning district in which the proposed use is located; and to minimize adverse effects on surrounding properties and neighborhoods, all conditional use permit applications shall be evaluated in accordance with the guidelines established in Section 25.02 of the Shavmee County Zoning Regulations.

1) Land Use Compatibility: The proposed Conditional Use Pennit does not result in the removal of present restrictions of the "RA-1" District, but, would specifically authorize the additional use of a Reception, Conference, and, Assembly Facility (RCAF) on the site. A Conditional Use is a use generally considered to be consistent with the purpose and intent of the district in which listed, but, due to operating characteristics may or may not be compatible with neighboring property in a given location. As such, Conditional Uses are subject to a public hearing process to evaluate the appropriateness of the use in the location proposed based on its compatibility with neighboring property. Reasonable conditions may be attached to a Conditional Use Permit to maximize compatibility with neighboring property once it is determined that the proposed use is consistent vvith the area in which proposed.

The subject property is part of an area that is undergoing a gradual transition from predominantly agricultural land usc to low density residential land use. Residential land use primarily exists in the form of individual plat exempt parcels extending along section line roadways with the exception of a few platted subdivisions including South Pointe Bay Subdivision immediately east. Based on the established pattern of development, it is anticipated this area will continue to transition to low density residential land use over an extended period of time. The site's present classification is consistent vvith surrounding zoning patterns and the predominant rural character of this area and remains suitable for the uses to which presently restricted.

There appears to be three (3) component parts to the use of the subject property: 1) agricultural operations including leasing of land for hay and cattle ranching; 2) ministry activities; and, 3) fundraising event<;.

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Agricultural Operations: Although existing agricultural activities occurring on the property are not subject to the Conditional Use Permit (CUP), they are part of the 120-acre parcel for which the CUP is sought. The applicant notes that except for the area around the two (2) metal buildings, the remainder of the property is leased for cattle and hay. Other "farming operations" they plan to continue include a small fruit tree orchard, raised vegetable garden planting beds, chickens and egg collection, and, apiaries and honey collection. The applicant notes that the south and southwest area of the property is fenced off to confine cattle. This area includes tvlo (2) wildlife observation towers that are used for wildlife observation and deer and turkey hunting in season. The north and northeast portion of the property include brome fields, two (2) small ponds, the fruit tree orchard, apiaries, raised garden planting beds, and, chicken coops.

Ministry Activities: Ministry events and activities as described by the applicant's narrative take on various forms. Since acquiring the property in 2015, the applicant's have allowed various church and ministry groups to use the property for baptisms, youth group meetings, women's gatherings, scout troops, Christian school sport practices and the like. Ministry activities would occur within both buildings as well as defined outdoor venue areas.

• South Metal Building (Barn). The applicant indicates that most ministry related activities will take place in this building and will likely average 1 day/week with a slight increase to possibly 2-3 days/week in the summer. The hours of operation would be confined to 8:00 am to 11:00 pm, seven (7) days a week According to the applicant, the building has been occupant load rated at 152 people.

• North Metal Building (Gym). The applicant indicates this building is primarily used for pick-up basketball games on SWlday, Monday, and Thursday evenings between the hours of 7:00pm to 9:30pm. This function is considered ministry related as it includes a brief devotional and prayer prior to playing basketball. The hours may be extended to 6:00am to 9:30 pm if a morning workout group is started. This building, according to the applicant, has been rated for an occupant load of300 people.

• Outdoor Venues. There are two (2) defined area of the property, separate from the buildings, where ministry activities would also be permitted. The South/Southwest Outdoor Venue Area comprises the bulk of the property and is fenced off to confine cattle. This area includes the n.vo (2) wildlife observation towers. The use of this area will be limited and be restricted to between sunrise and sunset, approximately 1 day/week between April -November. The North/Northeast Outdoor Venue Area is a somewhat smaller area including the two (2) buildings, orchard, apiaries, and raised garden planting bed areas and is outside the fenced area where cattle are confined. This area also includes a running/walking nature trail, and a three (3) acre pond. The applicant notes that the majority of outdoor activities will be offered in the North/Northeast Area from April through November. The days and hours of operation would be restricted to 8:00 am to 10:00 pm, Sunday- Thursday; and, 8:00am to 11:00 pm, Friday and Saturday. Ministry uses identified by the applicant include church picnics, Easter celebrations, Pioneer boys club from Topeka Bible Church. scouting events and campouts, school field trips, 4H club events, and urban ministries to introduce urban children to fishing, harvesting orchard and garden produce, poultry education and egg collection, bee education and honey collection, nature walks/runs, hay rides, outdoor painting, school astronomy classes, pumpkin patch, nature classes, gardening/fann planting experiences/agricultural days.

FlUldraising Events/Activities: In addition to ministry activities, the applicant also proposes to "appropriate a small amount of time to fundraising events whose primary goal is to support those

3- #2

. . . .

ministries". In order to be self-sustaining, the applicant notes they would promote to churches, schools, businesses, and non-profits that they could host day retreats, seminars or other events such as weddings about once a month on the property to generate additional revenue to "fund the ministries and fann".

• South Metal Building (Barn): Again, the "Bam" would be the primary location for fundraising events and primarily consist of weddings. The applicant anticipates about "twelve annually should suffice to financially sustain the fann with its ministries". Should reservations be few, the applicant indicates they may accommodate receptions that would include "birthday and holiday parties, showers, rehearsal dirmers, conferences, corporate retreats, homeschool special projects and c1asses, and, family and class reunions". Fundraising events outside of weddings would be less frequent, less than one day per month on average. The applicant indicates that private quarters within the bam may also be rented in conjunction with an event. Hours of operation within the bam would be confmed to 8:00 am to ll :00 pril.

• Northern Metal Building (Gym): The applicant indicates that the "Gym" may also be used for fundraising events, although less frequently, for corporate team building exercises and fundraising tournaments that would likely occur late afternoon to early evemngs.

• North/Northeast Outdoor Venue Area: The applicant indicates the North/Northeast Outdoor Area may also be used for fundraising events but anticipate they would be limited to only a few days annually for weddings. Other fundraisers may include business patron appreciation barbecues, catered events, receptions, family reunions, and retirement celebrations. Most of these events would be confined to the west shore of the tluee (3) acre pond and the area immediately east of the bam.

Summary. The proposed Conditional Usc Permit for a Reception, Conference and Assembly Facility (RCAF) consists of both ministry functions and fundraising events. Throughout the applicant's narrative, these two activities are intertwined and sometimes difficult to separate. There are different days and hours of operation applicable depending upon which function is being addressed and the building or location in which accommodated. To fully comprehend the scope of use, staff recommends the Conditional Use Permit be evaluated as a whole as opposed to evaluating its different component parts of ministry activities and fundraising events. In either case, both functions generate land use activity on the property such as noise, lighting, traffic, and other off-site impacts. These impacts should be looked at in their entirety in making an assessment whether the proposed Conditional Use Permit is consistent and compatible with area property in the location proposed.

Land use compatibility is ultimately a measure of how well a proposed use can co-exist with neighboring property. Land uses with widely differing characteristics and requirements, such as traffic, noise, building scale, hours of operation, etc., are likely to be incompatible when placed adjacent or in close proximity to each other. [n this case, how does the introduction of a reception, conference and assembly facility (RCAF) on the subject property relate to the established character of this area and that of neighboring property?

To place this request in context, the subject property comprises 120-acres and dimensions a half­mile deep and a half-mile wide at its greatest extent. The property is bounded by large acreage tracts that are either undeveloped or devoted to agricultural land use to the north, south and west. and, a low density residential subdivision (South Pointe Bay) to the east. Based on the applicant's narrative, the bulk of activity associated with the RCAF will be confined to the two

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. . . .

(2) existing buildings. The two (2) outdoor venue areas, according to the applicant narrative, are to be less frequently used than the buildings.

In many respects, the effects of on~site activities are anticipated, with certain exceptions, to be self~contained given the parcels size, interior setbacks, and, use of neighboring property. The greatest opportunity for conflict appears to be in relation to the residential subdivision to the east. If, however, the bulk of ministry and fundraising activity is confined to the Bam and Gym, their location is anticipated to have a minimal impact on neighboring property. The north Gym building is approximately 650-feet south of SW 61 st Street and both building are setback approximately 215-feet t!om the west property line and 1,000-feet from the east property line. The nearest dwelling in relation to the buildings is approximately 800-feet to the north on SW 61 51 Street. Confined to the buildings, it is not anticipated the ministry and fundraising activities '1-Vill have a negative impact on neighboring property.

The applicant, however, also proposes to accommodate ministry and fundraisi.ng events outdoors as well. The South/Southwest Outdoor Venue Area comprises 70-acres and fenced off to confine cattle. Use of this area will be limited to ministries and friends for fishing, hunting and wildlife observation about one (1) day a week from April to November. No fundraising events are proposed to occur in this area. To maximize safety in relation to South Pointe Bay Subdivision to the east, any ministry using the property for hunting is encouraged not to use the east-half of the southern portion of the outdoor venue.

The North/Northeast Outdoor Venue Area comprises 50-acres including the Bam and Gym, ponds, parking areas, and nature trail. The bulk of outdoor activity would be offered here from April- November. Activities would be confined to the west shore of the three (3) acre pond and the area immediately east of the Dam. Although the bulk of activities are to take place at the Barn and Gym, the applicant's narrative does not set limits on the number of people that may be accommodated in this area except for the three (3) parking areas totaling 170 parking spaces. Assuming an average of three (3) people per vehicle, there could be up to 510 people on site at any one time.

In addition, the applicant proposes to allow the use of amplified sound or music outdoors that will be restricted to the western shore of the three (3) acre pond. The maximum output shall be not more than 90 decibels with speakers required to face east, away from the South Pointe Bay residential neighborhood to the east. As proposed, the use of sound amplification shall not be allowed after 10:00 pm, Sunday through Thursday, and, 11 :OOpm, Friday and Saturday.

Based on the parcel's size and internal setbacks it is believed the proposed use to be consistent with its rural setting and use of neighboring property. To minimize conflict with the South Pointe Bay residential community immediately east, it is recommended to restrict all outdoor activities to no later than 10:00 pm; with the exception of the nature/walking trail, outdoor activities be restricted to the prairie meadow area on the west side of the three (3) acre lake and the area immediately east of the bam; that outdoor sound amplification be restricted to the prairie meadow west of the three (3) acre pond with output at the source limited to not more than 80 decibels and speakers pointed to face "W-est; no single event or combination of events, no matter ministry and/or fundraising, shall exceed 300 people at any time; and, overnight camping in conjtmction with an event shall be restricted to the prairie meadow west of the three (3) acre pond.

2) Height and Scale: On-site improvements are limited to the existing Barn and Gym buildings with no additional improvements proposed.

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3) Site Development; As noted, the subject property comprises 120-acres with one-quarter (Y..) mile of frontage on SW 6P1 Street including a single, gate controlled, point of access. The property resembles a backwards ''L" extending to a depth of one-half (lh.) mile by one-half (¥2) mile wide at its greatest extent. Site development includes three (3) gravel parking lots capable of accommodating 170 vehicles; the establislunent of an outdoor venue area along the western shore of the three (3) acre pond; and, a natural/walking trail that encompasses the north portion of the property and is to maintain a setback of 1 DO-feet between the trail and east property line. No other significant changes to the property are proposed.

4) Building Design: The proposed RCAF will be confined to the two (2) existing metal buildings with no new construction proposed. The existing buildings are comparable to the size and appearance of other agricultural building found throughout this area.

5) Operating Characteristics: The proposed Conditional Use Permit would authorize the additional usc of a Reception, Conference and Assembly Facility (RCAF) on the subject property. Conditional Uses, such as proposed, are generally considered to be consistent with the purpose and intent of the district, but due to operating characteristics, may or may not be compatible with neighboring property in a given location. Such uses are only allowed as a result of successfully going through a public hearing process.

The applicant's narrative indicates the primary location for most gatherings (ministry and fundraising) will take place at the Barn, and to a lesser extent, at the Gym. Ministry events would likely average one (1) day per week. Fundraising events such as weddings and receptions would not be as frequent and average about one (1) day per month. All activities occurring within the Bam would be restricted bet\veen the hours of 8:00 am to 11 :00 pm daily. The Gym has no plumbing or AC and is used primarily for pick-up basketball three (3) evenings a week from 7:00pm to 9:30pm. This constitutes the bulk use of the building. Less frequent use of the Gym may include corporate team building exercises and fundraising tournaments. Given the parcels size, building setbacks, and sporadic schedule, it is not anticipated that events occurring within the Barn and Gym will negatively impact the use of neighboring property.

The applicant's proposal also includes two (2) outdoor venue areas that are anticipated to be less frequently used than the buildings and more seasonal than year round. The South/Southwest Outdoor Venue Area is the larger of the two (2) areas that is fenced off primarily for cattle. This area will only be used by ministries and friends about one (1) day a week between April and November for fishing, hunting, and wildlife observation. The North/Northeast Outdoor Venue Area is where most outdoor venue activity would take place. Outdoor ministry and fundraising activities would be limited to April through November between the hours of 8:00am to 10:00 pm, Sunday through Thursday, and, 8:00 am to II :00 pm, Friday and Saturday. Ministry activities are varied and includes such uses as church picnics, Easter celebrations, scouting events and cam pouts, school field trips, 4H club events, pwnpkin patch, hay rides, nature walks, etc. Fundraisers are purported to occur only a few days annually and to occur in the prairie meadow on the west shore of the three (3) acre pond and an area immediately east of the Barn.

It is believed by staff that impacts associated with ministry and fundraising events occurring at either the Barn or Gym would essentially be self-contained given the size of the property, neighboring land use, and, associated building setbacks. The greatest opportunity for off-site impacts appears to be in regard to outdoor venue activities. The limited activities occurring on the South/Southwest Outdoor Venue Area are not anticipated to be a detriment to use of neighboring agricultural and undeveloped property. The greatest potential for off-site impacts appears to be in regard to activities occurring in the North/Northeast Outdoor Venue Area in

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relation to the South Pointe Bay residential subdivision to the east. Although both outdoor venue areas are to be less frequently uses than the buildings, there is no stated limitation as to frequency of outdoor events or their size. This is particularly acute in relation to South Pointe Bay. To minimize the opportunity for conflict, the conditions stated in the Land Usc Compatibility section of this report are recommended. Adherence to these and other conditions are anticipated to minimize conflict with the adjoining residential subdivision.

6) Public Facilities: Water service will be provided by Shawnee County Consolidated Rural Water District No. 3. Sewage disposal will be provided by restroom facilities located within the Barn that will be connected to a septic tank and lateral field system approved by the Shawnee County Health Department.

7) Interim Development Guidelines: The subject property is part of a rural area in southwest Shawnee County consisting of a mixture of large acreage agricultural tracts of land and rural residential homesites scattered along section line roads. An exception to this land use pattern is the residential subdivision of South Pointe Bay immediately east. This area has been undergoing a gradual transition from predominantly agricultural land use to large-lot residential homesites for a period of time and expected to continue over an extended period of time. Pursuant to the general development policies of the Interim Development Guidelines, the predominant emphasis for development in the Rural Area should be the retention of commercial agriculture and its supporting land use, and single-family dwellings at low and moderate densities with adequate public facilities and services. The general land use policy for residential land use within the Rural Area indicates that residential uses which are compatible with farm operations, and which can be adequately served by rural water districts, on-site sewage disposal systems and have access to properly designed public streets shall be permitted on minimwn lot sizes. A proposal will be considered appropriate if it does not conflict with the land use policies of the area. There are no standards contained in the 1nterim Development Guidelines specific to reception, conference and assembly facilities. Based on the rural character of this area and surrounding land use patterns, the proposed use subject to reasonable conditions is not anticipated to conflict with the rural character of this area or use of neighboring property.

LENGTH OF TIME PROPERTY HAS REMAINED VA CANT AS ZONED OR USED FOR ITS CURRENT USE UNDER PRESENT CLASSIFICATION: The subject property has long been used for agricultural purposes. A single~ family dwelling previously occupying the property was destroyed by fire in 2013 and has not been replaced.

COMPLIANCE OF THE PROPOSAL WITH THE ZONING CODE AND SUBDIVISION REGULATIONS: The proposed conditional use permit appears to be in conformance with applicable provisions of the Comprehensive Zoning Regulations, including the Guidelines for Evaluation of Section 25.02 thereof. A plat of subdivision will not be required in conjunction with this request.

CONCERNS OF STAFF AND REVIEWING AGENCIES: The proposed Conditional Use Pennit and site development plan have been submitted to all applicable reviewing agencies for consideration and comment. No significant issues or concerns were expressed by reviewing staff in regard to code compliance or the provision of public services. The Health Department has expressed that the septic system that services the building should be adequate for the proposed usage. The Shawnee County Public Works Department indicates the applicant shall dedicate 52.5-feet of right-of-way on SW 61

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Street as measured from the section line. Public Works also indicates the applicant will be required to dedicate the west half of the right~of-way for NW Indian Hills Road extending south of SW 61~ 1 Street

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along the parcels east boundary. Public works is requesting the applicant to dedicate 52.5-feet of right­of-way along the east property line to complete the full right-of-way dimension for NW Indian Hills Road. Outside of dedicating this right-of-way, there is no expectation for the applicant to build the roadway. The Public Works Department is also requiring the applicant to submit a Class "A" Drainage report in conjunction with this request.

ADDITIONAL FACTORS:

L 2. 3.

Flood Hazard Area: Airport Hazard Area: Historic Properties:

Not Applicable Not Applicable No register properties within 500 feet

PLANNING STAFF RECOMMENDATION: Iberefore, based on the foregoing, the Planning Staff recommends the Conditional Use Permit be APPROVED, subject to:

I. Use and development of the site as a reception, conference and assembly facility in accordance with the site plan titled FARM Ministries and dated October 31, 2018.

2. Compliance with the applicant's written narrative titled The FARM Ministries received October 23, 2018.

3. Submission of a written report from Shawnee County Fire District No. 2 setting the maximum occupant load for the Barn and Gym buildings. The written report will need to be received prior to commencement of use.

4. Dedicate 52.5-feet of right-of-way on SW 61s1 Street as measured from the section line. The dedication of right-of-way v.ri.ll need to be completed prior to commencement of use.

5. Dedicate 52.5-fcct of right-of-way along the east property like to provide the west-half of the right­of-way for SW Indian Hills Road extending south of SW 61 st Street. The dedication of right-of­way will need to be completed prior to commencement of use.

6. Submission of a Class "A" Drainage Report will need to be submitted and reviewed and approved by the Shawnee County Public Works Department prior to commencement of use.

7. All three (3) off-street parking areas will need to be completed and available for use prior to commencement of use.

8. The use of a sound amplification system within either the Bam or Gym buildings will be permitted provided the sound generated will not be perceptible beyond the property line.

9. The Barn may be used year round for ministry and fundraising functions subject to the hours of 8:00 am to 10:00 pm, Sunday through Ibursday, and, 8:00am to II :00 pm, Friday and Saturday.

10. The Gym may be used year round for ministry and fundraising functions subject to the hours of 6:00 am to 9:30pm.

1 L The outdoor venue areas shall be restricted to the hours of 8:00 am to 10:00 pm, April through November.

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12. With exception of the nature/walking trail, outdoor activities within the North/Northeast Outdoor Venue Area will be restricted to the prairie meadow west of the three (3) acre pond and the area immediately east of the Bam.

13. The use of sound amplification outdoors shall be restricted to the prairie meadow west of the three (3) acre pond with output at the source limited to not more than 80 decibels and speakers point to face west.

14. No single event or combination of events, no matter ministry and/or fundraising, shall exceed 300 people on the property at any time.

15. Overnight camping in conjunction with an event shall be restricted to the prairie meadow west of the three (3) acre pond.

16. The installation of the septic tank and lateral field system connected to the Bam shall be installed and inspected and approved by the Shawnee County Health Department prior to commencement of use,

17. To maximize safety in relation to South Pointe Bay Subdivision to the east, any ministry using the property for hunting is encouraged not to use the east-half of the southern portion of the outdoor venue.

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Request for conditional use permit -The

FARM Ministries

Brian and Karissa Boyd

1138 SW New Forest Drive

Topeka, KS 66604

601-260-7186

kbrianboyd@gmailcom

The FARM Ministries is located at 7711 SW 6lst street, approximately 2 miles west of

Washburn Rural High School at the inter~ec.t.ion of SW 61st street and Indian Hills, currently

owned and operated by Karissa and Brian Boyd. The Real Estate is a roughly 120 acres in area.

There are two structures remaining. The house located on tl1e property was destroyed by fire in 2013 prior to our purchasing the property. The existing structures consist of a Steele frames metal building on the north side built in 2004, the "Gym" and a pole framed barn struchlrc built

around 1965, the "Barn". See attached sice plan map. We purchased the property in 2015 along

with these tv.ro adjacent metal buildings.

It is zoned agricultural, and all of the ground is leased for cattle and hay except the area

immediately around Ute two adjacent metal buildings.

As requested, I will share a comprehensive overview, discuss the buildings as they exist, and

intended future uses.

Organizations that have used the property include Young Life, Topeka Bible Church for baptisms

and women's gatherings, Doxa.so from Topeka Rescue Mission and Fellowship Bible Church,

local scout troops, Cair Paravel Latin School, and Stormont hospital's r:ancer center. These and more have asked to use the property, and so we incorporated it into a 501 (c)(3) not for profit

organization, the FARI\.1 Ministries in February 2017 in the event someone wished to donate.

Our vision is to have this property used to spread the gospel and the love of Christ in a self­

sustaining fashion in non intimidating envirmnnent. We have :shared our vision with church elrlen; and deacons as well as many local business owners and community board members, all of

whom seem to agree that if it is to be self-sustaining, additional revenue must be generated to

fund the ministries and the farm.

Our initial plans would be to continue the farming operations of hay& cattle leasing, fruit tree,

egg, honey, garden production alongside ministry events and appropriate a small amount of time

towards fundraising events whose primary goal is to ~upport those ministries. In regards to the minislry ew,nl-., r:ontinued use of the aforementioned groups is planned; additionally, we hope to

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partner with urban ministries and use the cows, chickens, established bee hives, fruit tree orchards, gardens, fishing ponds, and wildlife to expose people to farming, outdoors, God and His creation in a non intimidating setting. In regards to the fundraising, we would promote to churches, schools, businesses, and non~profits that they could hast day retreats or seminars on the land or other events such as weddings about once a month to help fund the various ministries. and sustain the farm.

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Proposed Venue Plans

I. We anticipate the buildings will likely be used year around. The south metal building I barn will be the primary location for most gathering- ministry-related and fundraising to support those ministries. Fundraising events would primarily consist of weddings, which we anticipate about twelve annually should suffice tn financial sustain the farm with its

ministries. Should there occur a paucity of wedding reservations, receptions may be held that would include birthday and holiday parries, showers, rehearsal dinners, conferences, corporate retreat~, home school sper:ial project". & classes, family and class reunions. Fundraising events outside of weddings would likely be less frequent Qess than one day per month on average). Rental fees will be hourly for minimum of three hours as well as daily v.ith free or reduced rates for ministry and 50 l(c)(3) not~for~profit organizations. It is anticipated that ministry event<.: would likely be ~one day/week on average. During the

summer, however, we anticipate slight increase in usage by various ministries, possibly 2~3 days/week. Hours of operation would be confined between 8AM and end no later than 11 pm. Bridal parties, special honorees, out of town guests, host<.:, or other participants may additionally choose to rent the private quarters Vlrithin the barn in conjunction with the event which can also be used for separate meeting rooms, operations manager space, or private dressing area.

II. The north metal building I gym is currendy primarily used r:very Sunday/Monday/ Thursday evening from 7PM-9:30PM when folks from several churches and in community play basketball free of charge. This is "pick-up ball" or non organized. There is a 5-10 minute

devotion from a Riblc passage fOllowed by brief prayer then basketball. This comprises the bulk of the usr: for this building. Additionally, we allow some friends to bring their kids in to practice basketball and volleyball as well. Cair Para·vel Latin School, a classical Christian school in town has held]V girls practice there free of charge last couple years once weekly from 4-6 PM and would like tn do so again this year along with Cornerstone family schools. Young Life u~t:~ the

facilities in the early afternoons on Christmas and summer breaks. As the ministries grow, hours could be expanded to include morning workout group~ before work as well as in the evening (6A-\.1 ~9:30PM). If il were Lo happen, wt: do not anticipate the participation in the early morning

groups to exceed a dozen people or so. Other less frequent venues for thjs building may be corporate team building exercises and fundraising tournament~, which would likely occur late afternoons/early evenings. Rr:ntal fee~ will be hourly.

ill. Outdoor venues would be offered on h\'o separate areas (see site plan map) Compared to the aforementioned indoor venues, uses of outdoor space would likely be less frequent and more seasonal rather than year round:

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(a) The south and southwest areas of the property are fenced to confine cattle. Herein lies two wildlife observation towers I enclosed tower stands that also are used as deer and turkey hunting.

Other activities offered in this venue include fishing the larger 6 acre west pond (sec site plan map). Operating hours in this area would be sunrise to srmset. It is anticipated that use of this

venue would be limited to ministries and friends, free of charge ru~d/ or .in exchange for upkeep of farm, average 1 day/week, and the bulk of which would be limited by weather and fall between April- Kovembcr. Reservations will be by the day and users must check in/out -with

FARM Ministries staff.

(b) The north and northeast areas of the property outside of the cattle confined areas comprise the prairie meadow; inaccessible 1- acre and readily accessible 3-acre ponds, main entrance, the t\.vo buildings, fruit tree (plums, pear, peaches, apples, cherry, and blueberry) orchard, apiaries,

multiple raised bed gardens, running/walking nature trails setback > 100 feet from property lines, and two Jarge brome fields (see site plan map). The bulk of outdoor venues would be

offered here would be seasonal from April through November (further limited by inclement weather) from 8AM-10PM Sunday-> 'fhursday and 8AM-llPM Friday/Saturday. Events would be ministry-related as well as fundraising t:vents to support the ministry and farm

operations. Pertaining to the former, uses may include church picnics, Easter celebrations, Pioneer boys club from Topeka Bible Church, scouting events and campouts, school field trips,

4H club t:vents, use by urban ministries such as Topeka Rescue :Mission and Hi-Crest., and Doxaso to introduce youth and urban children to fishing, harvesting orchard and garden produce, poultry education and egg collection, bee education and honey collection, nahtre

walks/ runs, hay rides, outdoor painting, school astronomy classes, pumpkin patch, nature classes, gardening I farm planting experiences I agricultural days.

In regards to fundraising events, we anticipate this area to be used only a few days annually for weddings and possibly once annually for charitable event for Haiti Lifeline :Ministries, all located primarily in the prairie meadow on west shore of 3 acre pond and/or immediately east of the

barn. Other appropriate fundraisers would be business patron appreciation barbecues, c.atered events, receptions, family reunions, retirement celebrations,. Additionally, areas are occasionally

brush-hogged in the prairie meadow for churches anri other groups to have outdoor soccer, flag football, tag, etc. Rental will be by the day, scheduled by FARlvi rvfinistry staff, and registration limited.

Additional Notes: Groups having events on the venue will be monitored by professional security services anri/or FARM t1inistries owners/staff to ensure the safety of all gur.sts. We

anticipate average events to last between 2-4 hours. Any group wanting to use the facilities will meet with FAR.:M :Ministries staff to review terms of agreement.

A deposit -will be required and fees may include security fee when necessary: AJl activities under

the conditional use permit shall be under lease, contract, or othtcr agreement, and therefore the property shall not be open to the general public at these events.

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Extl'a prer'.aution will be exercised to address sound, especially with aforementioned venues I, II, and IIIb. A tractor at full throttle produces 100 decibels at a distance of~ feet, which completely

dissipates at 200 yards. All music or amplified sounds must be in compliance by contract with decibel rccommendatinnfl nf <90, which would dissipate to 10-20 dba at approximately 100

yards from the source, not heard by neighbors when they arc inside their homes. Attendees should be able to have face-to-face conversations without shouting nor straining to hear. Sound amplification will be limited to the buildings and north outdoor venue (IIIb), no closer to

neighbors than the west bank of 3 acre pond. Speakers will be pointed west away from the neighbors' homes. The topography of the western shore of thr-: 3 acre pond (outdoor venue liTh)

gently slopes downward, and tree growth on eastern fence line further insulate neighbors from sound and sight. Amplified music will not be allowed past 10 PM Sun-Thurs and ll PM Fri-Sat, which will be monitored by FARM Ivlinistries staff I professional security.

Projected future uses arc to include urban ministries such as Hi-Crest, more frequent summer camps, and providing space for churches to run ministry events. We would like to employ one

young lady from our church to work the fundraising events that support the farm with its ministries. Her duties would mainly include open/ closing the property and buildings, inspect, appropriate, enforce, be available for que-stions, coordinate, organize, etc. We envision the

groundskeeping and setup/teardown to be comprised largely of volunteers from the ministries that use the place (Doxaso, Young Life, churches, etc) but may need to employ part time help

should this prove insufficient.

Guests may cater food which will be hired by them. All facilities at "f"h~ FARM Ministries are nonsmoking.

Proposed signage dimensions would be under 48" x 96" mounted on 6"x6" posts, likely not exceeding 12' in height and approximately 50' of setback, with 60W shaded lighting projected on

il from ground or mounted from its top. Proposed location would be cast of the property entrance without encroachment on 61st street or driveway and be in r.ompliance v.>ith county recommendatiom and requirements.

Wtth regards to impact on surrounding neighbors:

NORTH· 6lst street borders the north. One neighbor on the north sidf: of 6lst street across from the entrance driveway has a house ~200 yards from the nearest (north metal) building.

EAST the top floor of only two houses is visible from the barn, and the nearest encroachment

would be outdoor venue on westem edge of the 3 acre pond (IIIb, see site plan map), also the dnsest distance -200 yards. The two buildings are more centrally located on the property, about

tv.rice this distance from the eastern property line. Additionally, mature trees were planted >20 ·years ago along this fence line to pnwide additional hedge visual and sound barriers.

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SOUTH· The acreage of three properties abut The FA&.\1 Ministries. Two of these have houses whose driveway opens to 69th stn:et, and thus are invisible from the fence line.

J11ESI: No neighbors or houses abut the property in thi~ direction-only pasture and cropland.

Our intentions are to minimize impact on neighbors by keeping outdoor operations seasonal, maintaining good communication and relationships, securing I maintaining all fences and gates that border the entire property; abide by auditory regulations, and keeping the size of activities reasonable. Any concerns neighbors may have will be addressed by calling 601-260-7186.

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Building Information and Use

All buildings arc monitored by contract with I jghthouse Security, and all external doors arc dead bolted. There is also a security camera system. It is not certain that these security systems can be accessed remotely. People requesting rental of buildings will be screened for specific event and number of people attending. Although all construction has been according to code requirement~, elfort.s are underway with office of state fire marshall in addressing the life safety, and associated codes and standard to the facility.

South metal building (barn): which encloses 2816 square feet (100 :x 36') and was built over 40 years ago to my knowledge. It is a post and beam wood framed structure. The square posts

appear to be creosote treated. The posts are located roughly 18' apart and are connected with 2x12s beams twined on either side of the post. The concrete slab was poured around the posts.

During remodeling in 2017, the walls were repaired and framed on 16 inch center and reinsulated. There arc metal exterior wall panels of raised [a.<;tener type. The roof rafters rest on the 2:x 12 framing members, all of which were reinforced in 20 I 7 when the metal roof was

replaced with a 30 year shingled one.

Drainage from this building was improved by excavating an area four foot v.:ide and four foot

deep with installation of french drains on its norrh and east sides in 2017

'll1e windows in the main room are a Plexigla.<i panels on both the interior and exterior sides with leaded and stained glass display~d in betw~~n. The water is provided in the kitchen area and an outside frostless hydrant. The water supply runs from the old demolished house area to the southeast wall barn where a spigoted frostless water hydrant is also located on the outside wall.

Gas is provided to the structure from a regulator set on the north side of the exterior. Gas is run to a forced air healing/moling system.

It previously had two overhead garage doors, cement floor, and walled off areas including one bathroom with poorly functioning A/C and heating systems as well as kitchen area. \'Ve

repaired/revised these areas and their walls with three dool"\N'ays, two of which are double wide, a septic system and additional bathroom (both with sinks, running and hot water, flushing toilets

plumbed to existing permitted sewage system), updated the 20' x 12' kitchen, and purchased more efficient HVAC systems. On the northeast portion of the open floor space, -I I 4 of the barn remains a 30' x 16' private area \\ii.th its own separate bathroom/shower (tied into existing

sewage system). It is built two levels high such that the loft can be opened up to the remainder of th~ open floor space below, reserved separately for social gatherings. The floor level of the

private area has an 9'9" x 16'3" open meeting space opening on its east to a 12'6" x 16'3" separate private room with a man door on NE corner. To its west is a 8' x 7' bathroom and shower. Furnaces are closeted and there is a 6'6" x 8' storage closet for tables, chairs,

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decorations, and other indoor supplies. A stairwell leads up to an open 8'3" x 12'6" commons area in the loft which opens via railed barn wood Vllindows to overlook kitchen area and main

floor space below. To its east is a 13 x 9'4" room ·with exit hatch from the building built into the I-loor. To the west of the stairwell is a half bathroom within a 16'4" x 8' open space.

On the floor level of the northeast corner of the private area is a lOx 16ft separate workroom used to store tools and livestock feed, project materials, house barn cats a.<; well as repair farm equipment. It is under separate lock and key, accessible only to FARNI :Ministries staff.

Occupancy load of the building has been assessed to be 152.

On the north side of barn there is an externallOO watt incandescent light fixture immediately

over the sidewalk that connects the barn double doors to the gym double doors. Additional LED lighting is present on east/main barn concrete porrl1 entrance. Two 30ft high utility poles are used for additional outdoor lighling and located l 00 feet southeast of the barn and 150 ft north

of gym (see site plan). Along the barn's south wall run 4 additional LEDs for maneuvering around the covered area that houses tractor and other farm equipment.

The chicken coop with its attached run is located on south side of barn. It is not wired nor plumbed and altogether measures 30ft x 6 ft. There is one rooster and under a dozen hens. Although guests will be notified they can occasionally be heard inside the barn, we feel this adds

charm to the barn setting.

About 100 feet to the east of the metal barn is 20 x 20ft concrele pad that is suitable for a fire pit. A burn permit has been issued by Auburn fire station (Shawnee County Fire District #2) for the property and appropriate notification will be given if this is planned for the event

North metal building (gym): About 100 feel to it" north, the previous owners built a second

gas-heated metal building in 2003 that was and still is primarily used as basketball facility. It measures 5100 square feet (92x 62') and has no plumbing nor A/C. It is a steel framed building

on a raised slab with a wood framed entry portico (20x8') constructed in 2004 that has externally and internally lighted entranceway. The floor is a raised flexible wood structure. It was inspected by the builder from Kansas City when we purchased the property and felt to be in satisfactory

condition. The walls arc metal siding allached directly to the red steel structure with surface exposed 18.steners. There i" a standard vinyl backed batt insulation applied to the interior of the

metal walls. On the interior over this insulation is 14' of OSB board painted "With a bright white Latex coating. The roof is also made with exposed ffistener metal panels with the same insulation as applied to the wall. The "'1ndows all appear to be multiple pane insulated gas. The lower

windows have been replaced with a shatter proof glass. Occupancy load is less than 300.

Between the concreted circular drive and gym, along the concrete sidewalk that connects the two

is a utility pole v.rilh light dmt: comes on each night to illuminate the W"alking path.

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Roads, Driveways, and Parking

The entrance to the Real Estate is a 15ft wide crushed lime stone tree-lined drive entered on the north end from 61 st street through a combination-controlled keypad electrical security gate mounted on t:v.:o stone columns. This drive stretches southward beyond the brome fields

approximately 100 yard to a 26 ft wide concreted large circle drive which can can accommodate a dozen cars and fronts on the cleared plot where the destroyed house was located. The area

where the house used to be has been graded level. A proposed rock parking area for up to 80 cars is planned just to its east at the old homesite that was demolished (see site plan map). lighting is provided via utility pole contracted Ylith Freestatc Electrical CoOp (see site plan map). Shuttle

seiVicc is available from the parking area to the space used for the event. Just prior to the circle drive there is a secondary 13 ft wide drive of crushed lime stone and asphalt millings that spans

west of the buildings leading to an altcrnale prupmed parking area of up to 80 cars whid1 then leads to the livestock areas south of the barn and to the prairie meadow (sec revised site map). Which of the two locations for the 80 car parking capacity is undecided. Setback from the west

property line for this alternatively proposed parking area would be 10 feet. Lighting here is provided via second utility pole also contracted with Freestate Electrical CoOp. The lime stone

portion of the main drive is in good condition with rock added to th(C drive recendy. The secondary drive has had new rock added over the summer of 21118 and both are in good condition.

There is a concrete sidewalk extending from the south edge of the concreted circular drive to the gym and from the gym's double doors to the barn's double doors. These walkways ha"\.'e been inspected to be in good shape without any need for immediate repair.

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Land/Livestock/animals

Legal description of the land is ru; follows (sec attached deed):

Tract 1:

The East half of the Northeast Quarter of Section I, Township 13 South, Range 14 East of the 6th P.M., Shawnee county, Kansas, EXCEPT the part platled as Lot l, block A, Antique Subdivision.

Tract II:

Lot 1, Block A, Antique Subdivision, Shawnee County, Kansas

Tract III:

The South half of the West half of the Northeast Quarter of Section l, Township 13 South,

Range 14 East of the 6th P.M., Shawnee county, Kansas

There is a utility easement of electrical povver lines that bisect the southern half of the property. as outlined on site plan map.

Essentially, all the property is cow leased or hayed. The north venue lila is hayed annually {see site plot map). Cattle are confined to south venue Hlb (see site plot map) via 5 strands of double

barbed wire fencing have no access to any of the three ponds. Guests will normally not be allowed to access to south venue IIIb when in use by hunters or cattle; however, in the event these areas are requested for outdoor venues, gates arc in place that can further confine cattle if

sufficiem advanced notice is given to FARM: :Ministries staff and rancher. [n addition to signage, guests will be notified of assuming inherent risks of apiaries and domestic animals per K.S.A 60-400 l - K.S.A. 60-4004

Deer and wildlife observation stands (2): These are located in the south venue I lib. At the south central end of the property is a utility easement of power lines, just off of which one of two

enclosed fiberglass 6 x 6 deer stands sit on a 1 0 foot metal tower anchored in concrete. There is an additional stand lor.ated at the southwest corner of the property, and these were erected in 2016 and 2017 respectively. Prior to each season, these are inspected by FARM ministries o"WIJ.ers/staff for safety and stability. "lbese provide enclosed areas for observers including pioneer boys, scouts, and other groups to observe r:oyotes, foxes, hawks, owls, turkeys, and

opossum. Hunters will be required to be appropriately licensed in the state of Kansas and therefore will have undergone appropriate hunter's safety training. Currendy, this comprises the

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only ground used for hunting, and guests will be counseled on avoiding those areas if in season

and in use by hunters who will be required to check in/out with FARM Ministries staff.

Heyond these confines are the W.lo metal buildings, three ponds, a prairie meadow, and two large fertilized brome fields at the northwest and northeast corners of the property all of which are

hayed (see site plan map).

AU three ponds are fenced off from cattle. A small one-acre pond is completely overgrown by trees at northea.<it corner of property (6lst street and Indian Hills) and thus not currently used.

The main 3 acre pond near ea.<;t central border of property. Specifically, it is the western shore of

this pond that is farthest from the neighbors, ha."> topography most suitable, and thus will he the

one that is primarily used for outdoor venues including fishing, weddings, barbecues, picnics, and

baptisms (see site plan map). The property line bisects the largest 6 acre pond to the west, v..ith the dam belonging m this tract. Although fishing rights are enjoyed with the neighboring owner

of the northern two-thirds of this pond, accessing it would mean having to travel through the area fenced off for catde, and the limited amount of shoreline predudes its use for outdoor

events except fishing.

Dirr.ctly r.ast of and several hundred feet from the north metal building, haliW<~.y to east property line, lies two established bee hives that are painted bright white, and guests will be notified of

their location as well as signs designating such a."> nature trails intentionally come within dose proximity to observe the bees at work. These colonies promote agricultural education and

facilitate poUination of the fruit tree orchard and raised bed gardens in the maintained grounds just north of the gymnasium/ north metal building as well as the natural wildflowers and prairie grd.Ss.

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Electric utility is provided by Freesta.te Electric Coop. All electric to the site is underground from distribution lines located on 6t.rt Street. There are two residential rated transformers set on the site. One is set on the east side of the house site and is not currently used. The other is set near the bam (south metal building) and services both buildings which are separately metered.

Nantral gas is provided by Kansas Gas Service from a meter set on the south side of 61 st street. The service line to the house site still exists, but following its demolition is no longer in use. The service to the barn is from a regulator set on the north near the double doors. The service to the gym (north metal building} is from a regulator set on the south side near the double doors.

Water is provided by the Rural Water District from a meter set on the south side of 6t:st Street. There is water to the south metal building. There is no water to the north metal building. Waste is managed by two septic/lateral systems. The previous owner described the system at the now demolished house site as running north-east for 60 yards to a septic and then a large lateral field further northReast but is no longer in use. Waste is now managed by septic tank east of corral and just southeast to barn. From the tank, there is an extensive lateral field located to the east of the barn down a gentle slope.

There is a cable service to the old house site, currently terminated at the house site electric transformer. There also appear to be ground based phone service to the house site and the barn. There is some wireless service to the gym. It is this wireless service that provides monitoring of the security system.

Conclusion

Tbis is a beautiful property v·:ith a great facilities thal are quite unique. Much has be done to improve the look and utility of this property. We strive to be respectful of our neighbors' privacy.

Many lives in Shawnee County 'Wi..l.l be enriched spiritually and culturally if this opportunity is granted. The experiences afforded here v.rill benefit the agriculture perception and create a positive image fnr the Topeka, Auburn, and Shawnee County areas. Again, we greatly appreciate your consideration, hope we have addressed the areas rcquesled in sufficient detail, and would wdcome further conversation anytime.

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CU18/07 by Kenneth Brian & Karissa Boyd

CU18/07 by Kenneth Brian & Karissa Boyd

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Letters of Support

Beagle, Barry

From: Sent: To: Subject:

Barry,

Leroy Russell [lrussell@ksu.edu] Tuesday, November 13,2018 5:38PM Beagle, Barry Brian Boyd property

Dr. Brian Boyd made me aware of the meeting you are holding tonight on the Farm Ministries application for a conditional use permit. I have rented the property for over 30 years and use part of it for livestock hay and run cattle on another part of the property. Dr. Boyd has been wonderful to work with since he bought the property. He does a wonderful job of working me with agriculture on the property. I would be very supportive of creating and sustaining the FARM Ministries on the property. Sorry I can not come and present tonight at your hearing because I have a Shawnee County Extension board meeting at that time. Let me know if you have

any questions.

Thanks.

Leroy Russell

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Beagle, Barry

From: Sent:

college park [collegeparkofficesuites@gmail.com] Tuesday, November 13, 201 B 10:22 AM

To: Beagle, Barry Subject: Farm Ministries permit request

Mr. Beagle, Good morning. I am writing in support of Farm Ministries and the Boyd family. I have known this family for a great deal oftime and know their heart. What I feel that their goal is to provide an opportunity for ministry based services to be used on their property. To do that and keep it self sustaining, they would have a small number of events there. Their

barn and gym are far from any neighbors and their intent not be to have loud receptions, etc, but to appreciate the countryside where their property resides. Over the past few years they have done many smaller events for ministries.

My son has been able to go out to his farm at no charge at one of the boys retreats and enjoy nature in a setting that we could never do on our own living in town. I really appreciate their willingness to open up their land and help and serve others. I would ask that you please consider their request. If you have any questions, please feel free to call or email

me. Thanks for your time.

Will Nicklin

College Park Office Suites Topeka

2611 SW 17" St

Topeka, KS 66604

(785) 430.1657

info@collegeparktopeka.com

www.collegeparktopeka.com

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Opposition Letters

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Beagle, Barry

From: Archer, Bob Sent: To:

Monday, November 26, 2018 8:23AM Beagle, Barry

Subject: FW: Conditional Use Permit protest

From: Rezac, Jane Sent: Monday, November 26, 2018 8:11AM To: Archer, Bob; Buhler, Shelly; Cook, Kevin Subject: FW: Conditional Use Permit protest

From: GENEEN LOVE (mailto:loveb@cox.net] Sent: Friday, November 23, 2018 1:44PM To: Commission.Mail Subject: Conditional Use Permit protest

To: Shawnee County Commissioners, Shelly Buhler, Kevin Cook, & Bob Archer. I'm Bryan Love, and my wife, Genecn, and I live at 6510 SW Bayshore Dr.

Auburn, Ks. After attending the Shawnee County Planning Department meeting on November 13th in which a ConditionallJ se Permit was discussed, and approved, for Kenneth Brian Boyd and his wife, Karissa Boyd for their property at 7711 SW 6lst Street, many questions about their project remains, and several other concerns arose as well. First of all, I want it to be known that we are Christians, and we are very supportive of almost anything that could bring people, especially young people, to have a relationship with Christ. However, in this situation, there seems to be some inconsistencies within the Boyd's proposal which makes me question their sincerity, as well as integrity. Being a businessman myselC I know that having a 501 (c)(3) can be a very good business pmctice, if it's run according to the very strict guidelines set forth by the govermnent, particularly the IRS. It appears that there are going to be a myriad of functions potentially being held out there, and potentially any given day or night. This would create some serious, and even dangerous, traffic situations on busy 61st Street, especially since the only entrance into this facility is near the crest of a hill~ which actually has very limited visibility for people leaving the Boyd's property and turning west. I think I can speak for everyone out here when I say that one of the main reasons we purchased our homes out in this area was for the peace and quiet that country living affords us, and we're all concerned about the level of noise, particularly music and other sounds which would be magnified with the use of megaphones and/or speakers. The other concern is the use of high powered rifles, and shotguns, used to hunt deer and turkey, as well as target practice. Another question, or concern, with the road work required at 61st and Indian Hills, who is responsible for the expense of this? The Boyd's indicated that one of the churches which currently uses their property is Fellowship Bible Church, which is the church my wife and I attend. I asked our pastor if they do in fact use this property, and he told me that they have never used it. He said the Boyd's invited the church leaders to come out and look at it, which they did, but they have never used it, contrary to what the Boyd's said. I brought that up at the meeting on the 13th, and while Brian addressed some of my concerns, he conveniently skipped this concern, and I stressed twice my concern about his statement. The Boyd's also said that they have had many activities over there in the past year or so, yet we have never complained about that. While we heard various sounds from over there this past summer, they were very tolerable sounds and there wasn't anything occurring that was disrupting to us, but what they're proposing would be upwards to 5 - 10 times more people than what's been attending. We're not concerned about the past, it's what they're proposing that we're all concerned about There's also the question of

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the landowners to the west of the Boyd's property. Apparently there's some question as to whether or not Brian talked to the rightful o'Wll.er of the adjoining land to the west of his property, because the couple that own it are saying that they've never talked to Brian. One final item, none of us appreciated Brian suggesting that we could just sell our homes if we didn't like what was transpiring over there. His suggestion that "someone else could buy our homes and pay the property taxes on it" did not set well with any of us, and that was the 3rd time he said something that made me question his sincerity and integrity. By the way, it seems very odd to me that the Planning Staff had already 11APPROVED" the Conditional Use Permit prior to the 6:00 meeting on the 13th, is this customary? Thanks for your attention to our concerns. Bryan Love

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Beagle, Barry

From: Sent: To: Subject:

From: Rezac, Jane

Archer, Bob Monday, November 26, 2018 8:22AM Beagle, Barry FW: CU 18/07 RezoningAt7711 SW61stSt

Sent: Monday, November 26, 2018 8:09AM To: Archer, Bob; Buhler, Shelly; Cook, Kevin Subject: FW: CU 18/07 Rezoning At 7711 SW 61st St

--------From: Terry Carney [mailta:trcodpa@aol.com] Sent: Sunday, November 25, 2018 3:56 PM To: Commission.Mail Subject: cu 18/07 Rezoning At 7711 SW 61st St

To Whom It May Concern:

·--··-·-----

On behave of myself and my wife, Lisa Gamey, MD, 6431 SW Bayshore Dr, Auburn, KS, I would like to formerly state that we are strongly against a cllange of zoning for the purposes stated in the document We are not against the work being done on the land, but that tile land cannot support the commercial use they are intending. Whereas we cannot do anything about the shooting currently going on, the increase in young people shooting in such close proximity to surrounding houses simply not smart. We can hear the people talking on the land now, so amplifying speakers would make it quite bothersome. especially later in the evenings.

I'm sure my neighbors have addressed many reasons why this is a bad idea, and I hope you can see the logic in many of their points. This is simply not the place to do a worthy cause. I also have reservations on the character of the Boyd's from our previous contacts.

Terry Carney, OD

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Beagle, Barry

From: Archer, Bob Sent: To:

Wednesday, November 21, 2018 9:54AM Beagle, Barry

Subject: FW: Opposition to CU18/07

Are the minutes of the 11/13/2018 meeting available? Thanks.

From: Rezac) Jane Sent: Wednesday, November 21, 2018 8:06 AM To: Archer) Bob; Buhler, Shelly; Cook, Kevin Subject: FW: Opposition to CU18/07

This will be on your agenda on December 3rd.

-----Original Message-----From: Jorgen Brockman [mailto:jorgenandpatty@cox.net] Sent: Tuesday, November 20, 2018 6:14 PM To: Commission.Mail Subject: Opposition to CU18/07

Dear County Commissioners, My husband, Jorgen Brockman, and I are retired teachers- 39 years each , 29 at washburn Rural High School. We built our home at South Pointe in 1993, 25 years ago. Both of these points are relevant to CUlB/07.

As teachers, we are well aware of the needs of students in Shawnee County. We have a clear sight of what is available through schools, churches, scouting, and county extension. We also have a crystal clear understanding of professionalism in reference to student situations something of which Kenneth Boyd proved to be lacking in his statements the evening of November 13, 2018.

Jorgen and I are completely invested in our residential community and in our home. Over 25 years we have nurtured wildlife; laid 3 rock paths, 3 brick patios, and a brick sidewalk around our house - OURSELVES. Every plant in our yard , except the original cottonwood, has been planted by us ( 32 trees, over 35 bushes, multiple gardens). We LOVE dark, starry nights with no light or sound pollution and invite friends over to enjoy the stars and the quiet -both of which they are awed by. This dark sky will be destroyed by night lighting that may be installed on the Boyd property if they have large night events.

To have Kenneth Boyd suggest as he did on November 13thJ that the people at South Pointe should just move away if they are bothered by his plans to disrupt the peace of nature - to state that we will not be missed by Shawnee County - is not only immature and flippant, but also reveals an underbelly of disquieting attitude that belies his altruistic claims. It shows a disregard for peopleJs commitments and investments that are in the path of his new vision. He has not sincerely considered the ramifications of imposing his project on people already here. His solution to conflict is apparently to run them out.

Additionally) the fact that 61st Street is a narrowJ hilly, two-lane-fifty-mile-an-hour stretch of road with no shoulder and continuous drops on both sides does not seem an appropriate exit for 80+ cars and night driving after various celebrations.

FinallyJ the fact that property owners on all four sides of 7711 SW 61st Street OPPOSE the Boyds' request should carry significant weight in your decision. After witnessing Kenneth

1

. - ~ . Boyd's uneven presentation at the November 13th meeting~ after listening to and watching him rebut various concerns, I have NO trust in his claims to be a thoughtful commercial neighbor.

Please vote to oppose the Conditional Use Permit CU18/86.

Sincerely~

Jorgen and Patricia (Patty) Brockman

Sent from my iPhone

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Beagle, Barry

From: Archer, Bob Sent: To:

Monday, November 19, 2018 11:03 AM Beagle, Barry

Subject: FW: CU18/07- Conditional Use Permit Requested for 7711 SW 51st St

Importance: High

From: Rezac, Jane sent: Monday, November 19, 2018 9:32AM To: Archer, Bob; Buhler, Shelly; Cook, Kevin Subject: FN: CU18f07- Conditional Use Permit Requested for 7711 SW 61st St Importance: High

·--------····-······ From: Paul Hungerford [majlto:reelinrealtor@cox.netl sent: Monday, November 19, 2018 9:00AM To: Commission.Mail Cc: hungertordml@gmafl.com Subject: CUlB/07- Conditional Use Permit Requested for 7711 SW 61st St Importance: High

Dear Sha\Vllee County Commissioners,

This letter/email is in protest to the zoning request for a conditional use permit at 7711 SW 61st Street, Auburn, Kansas. We ask that this request be denied permanently by the County Commissioners. We have filed a Protest Petition, but feel that we should make our case since there is no space for comment on the form.

While we have no concern about O'Wllers using their property to entertain their family and friends, we object to the commercial uses proposed by the petitioner.

We ask that this request be denied for a number of reasons. First and for roost is the impact the proposed uses have on the neighbors on all sides of the property as it will bring increase noise, nighttime lighting and traffic if the uses they proposed are allowed. The uses proposed will increase traffic on a narrow county road increasing potential for accidents and limit access to our home.

While we understand that hunting is already allowed on private property that is zoned agricultural, they propose to allow others to hWlt for a fee putting our children and grandchildren at further risk of stray bullets. We have already heard semiautomatic gunfire coming from that property and don't support any zoning that would in any way increase the amount of firearm usage for hunting or other gun activities.

We are also concerned that their proposed septic system will not handle the large numbers of people envisioned by the owners. Ibis will likely increase odors in the area and pollution into our lake. It will likely also require the use oflmsightly porta~potties to handle the crowds.

'While the owners claim the uses are for charitable activities and this appears noble and good. there is no way to control additional commercial uses once the permit is granted. This enterprise is designed to make money for the owners and their interests. It also is intended to take the property and its uses off the tax rolls, leaving the balance to be shouldered by other property owners. The uses will negatively impact our ability to enjoy our

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homes, the value of our investment, and the ability to sell our homes. This will also impact the tax revenues of the township and county.

During the planning commission meeting, the owners suggest we should sell our property if we didn't like their proposal. We worked hard to afford to build our home 20 years ago in an area that would allow us to enjoy nature and quiet living outside the city. They are the ones that should find another location where these uses would be more suited. We were also troubled by the process that allowed the ovmers to present anecdotal information at the end of the hearing with the planning commission about our neighbors who were not allowed to respond as to the inaccuracy of the statements.

Again for the reasons stated above, please deny this request for a conditional use pennit and any other zoning or use changes proposed for this property.

Sincerely, Paul and Melissa Hungerford 6448 SW Bayshore Dr, Auburn, Kansas

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Beagle, Barry

From: Archer, Bob Sent: To:

Monday, November 19, 201811:01 AM Beagle, Barry

Subject: FW: Opposition to the Rezoning 7711 SW 61 st Street

R----Original Message----­From: Rezac, Jane Sent: Monday, November 19, 2a1a 18:52 AM To: Archer, Bob; Buhler, Shelly; Cook, Kevin Subject: FW: Opposition to the Rezoning 7711 SW 61st Street

-----Original Message-----From: Gardner Roofing [mailto:christina@gardnerroofing.net] Sent: Monday, November 19, 2818 1e:48 AM To: Commission.Mail Subject: Opposition to the Rezoning 7711 SW 61st Street

To Whom It May Concern:

As the homeowners at 6413 SW Bayshore Dr. Auburn Kansas our property is located directly to the East of this property. We feel that allowing this land to be used as a Reception~ Conference & Assembly Facility will directly affect our quiet peaceful neighborhood. The traffic on 61st street that will be common during those functions will cause a lot of safety issues. There are no street lights and you will have multiple cars turning into a property that is a single wide entry. The noise and lighting that will be generated by outdoor weddings and camping will also be a huge problem for our neighborhood.

We recently just built and moved into our dream home on this lot and now there is a chance that the value of our home will drastically decrease

We seriously hope that you take into consideration the multiple families that will be affected by allowing this zoning change to go through. This change allows the Boyd's to do what they are asking but whose to say that future owners can do these things on a larger scale if the re-zoning were to be approved.

Lee and Christina Gardner Homeowners at 6413 SW Bayshore Dr

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Beagle, Barry

From: Sent: To: Subject:

Dear Mr. Beagle,

Lee Legault [LlegauH@shawneecourt.org] Tuesday, November 13, 2018 12:02 PM Beagle, Barry Public Hearing meeting tonight

Due to an unforeseen scheduling conflict, we will not be able to attend the 6:00PM, public hearing meeting tonight. However, we wanted to express our serious concerns over a proposed development that is being considered at 7711 SW 61st Street.

As homeowners in the South Pointe Bay development, we are strongly against any commercial development in such close proximity to our housing development. Allowing this property to become a place of business for any indoor or outdoor events/venues/hunting range or the possibility of traffic spilling on to 61>~ Street, which is already dangerous enough with high traffic around driveways of single family homes-would be of grave concern to many. Sixty First Street is not only hilly, but also has numerous driveways, Indian Hills Road, and subdivision traffic. The Planning Commission should also consider the amount of traffic that result with the daily buses and students from WRHS. Events are held at the High School and Middle school almost every weekend and most evenings during the school year.

Please do not allow this situation to happen. It is far too dangerous of an area to promote additional traffic and our goal of living quietly in the country, as many of us have for years--would be jeopardized.

Thank You

Robert and Lee Legault 6515 SW South Pointe Drive

Lee Legau{t Court Administration Third Judicial District 200 SE 7th, Suite 406 Topeka, KS 66603-3922 (785)251-6788

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1515 NW Saline Street, Su~e 221 Topeka, Kan~as 66618 (785)291-5410 Fax291-4939

Shawnee County Planning Department

Memo To: Shawnee County Board of Commissioners

Frvm: Ba~eagle, Planning Director

Date: November28, 2018

Re: Legal Protest Regarding CUOS/07 by Kenneth Brian and Karissa Boyd

In accordance with K.S.A 19-2960{b), protest petitions have been filed within the 14-day protest period with respect to the above noted proposal. Please be advised that ttm extent of protest represents 36% of the required 1,000-foot notification area. Since the extent of protest exceeds 20%, the resolution adopting the conditional use penn it shall not be passed except by a favorable vote of at least 4!5's of all members of the Board of County Commissioners. In this case, the 4/S's majortty translates to a unanimous vote of the County Commission. In addition, the application shall not appear before the County Commission for consideration unless all members of the Commission are present

Of the 26 protest petitions filed, 10 were for property located wholly outside the 1,000-foot notification radius and, therefore, had no effect on the calculation of tl"ie extent of protest Please find attached a protest area map, a protest petition calcUlation sheet, and protest petitions for your consideration. If you have any questions, do not hesitate to contact me.

En c.

Legal Protest Calculation Sheet

Shawnee County Planning Department

Case No.: CU18/07

Applicant: Kenneth Brian and Karissa Boyd

Pursuant to K.S.A. 19-2960{b), protest petitions have been filed within the 14·day protest period with regard to the identified proposal. The extent of protest is calculated as follows:

Gross Acreage: (Including Subject Property and Street Right-of-Way)

• Area of 1,000-Foot Buffer<D: _,4 .. 2..,9 ... 6,.7._.,A..,c,_,re.,sc__ _____ _

Net Acreage:

• Area of Subject Property®: _ _.1 ... 2;w0.,,7'-'0 ... A,.c,.,r"'es..__ _____ _

• Area of Street Right-of-way®: _1.-4-.,.,.9.._7_.A,.c"'re"'s.._ _____ _

• Total Area of Exclusions(®+®): _ _.1,3,.,5,...6.,7'-'A"c"'rcse"'s _____ _

• Net Acreage®: (<D-(®+C!l)) -~2,.9,.,4,.,,.,o..,o_.A,.c<IJre,.s._ ____ _

Extent of Protest:

• Area of Protesting Properties®: -~1u0L;5>. • .L!lDLL.I!Ao;;cDre:os.__~----

• Extent of Protest(®/®): ~3.,6"'0"ifoc__ ______ ~--

----~--------~-----~----~~~

® Area of protesting properties represents only that portion of a protesting property located within the 1,000-foot buffer area.

If the extent of protest exceeds 20%, the reso/uffon adopting such rezoning or condiaonaf use permit shalf not be passed except by a favorable vote of at feast 4/S's of a// of the members of the board of county commissioners.

A--ACRES "'-.lt.lll ' ........ , ~

CU II'-07

... NORTH

,( ~ 1-41 .1. • .. '-•Pll,l~l· I'• '-Ill..& A r IIUit

CONDITIONAL USE PERMIT PROTEST PETITION

UNINCORPORATED SHAWNEE COUNTY, KANSAS

~J~-r::; a~ r~ :1 w: r~ ~, " lil.U · ·---·---·- u 1,) I I

u U: NOV 2 6 ~:J SHI'IW:~EE COUNTY GLEflK SECTION I -----~·-··-------~·----·

The undersigned property owner{s) protest the proposed Conditional Use Permit identified as

ca.e No. cu18__r_QI_ to .. tabHsh Reception, Conference & Assembly Facility ----=:-:-:-::-:-:-:-,-,--::-------------on property located about

___ 7_L7L.l1.11..iS;,Wrr-'6!J1L>S>!t..iS;>t!!r.~;:e:o;e'lt ___ in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

NAME(s. ADDRESS & LEGAL DESCRIPTJON OF PROTESTERS PROPERTY

"775D SuJ utsf

l:::.ian£ J-b Jbect __ Typed or Printed Name

53&:11~. £1'-{, 5£ 1<1. S£'1<!

Signature

Typed or Printed Name

ACKNOWLEDGEMENT

STATE OF KANSAS

COUNTY OF SHAWNEE) ss Be it remembered that on this ;11 o vem.b '=' . zo..il::.

before me a Notary Public in and for said County and Slate, came _ _!.()~··", "-l..o~.J<.L.tl-l.,;,r_,b""e.=di'-::..._ J9+h day of

to me personally known to be the same person who executed lhe foregoing instrument ofwriling and

duly acknowledged the execution of the same.

In testimony whereof I have hereunto set my hand and affixed my notarial seallhe day and

year above written.

My Commission Expires

Notary Public Cf' IJ.. T 20 J 9 ... Rose Mary Henry :a. rwui:-STATE OF kAN~AS

J...,. """'T EJIP; I - . -'7 • ~" I Ci

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

COUrlty CUP Pr01es1 4/2!1J06

r----------- --

1 '[) \ ~~ (i; [ II ~· 1:-: fnl UNINCORPORATED SHAWNEE COUNTY, KANSAS

sEcTioN 1 SH/WJr··~EE cc;ur JT'l cl rpv The undersigned property owner(s) protest the proposed Conditional Use Permit ll:lEifilifteda-s-·-- ~-----:.- '' \

case No. cu18_,___QI_ to establish Reception, Conference & Assembly Facility _____________________ on property located about

__ _j7';7L1L1US>'WI'LQ6_t1~s"t~S>Jt]'ree~tL ___ in unincorporated Shawnee County, Kansas.

SECTION II-

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

6316 SW Bayshore Drive Auburn, KS 66402

s· d<J -r H f o 11--11 t. o-rt<:l S\]6 ~3 . 6LciC.J< C 1 L aT '1 1 r\-<:. P.. C. s ) ' "' 'I , f.3 L\<. c. Ld I '-/ souTH poil\lrr gM S\i6 1'+ 3 :5E.<~:naN o<o 'TQW N'.srfiP 13

(?_{W ££.. \ s- -~ ACKNOWLEDGEMENT

STATE OF KANSAS

COUNTY OF SHAWNEE) ss

to me personally known to be the same person who executed the foregoing instrument of writing and

duly admowledged the execution of the same.

In testimllny whereof I have hereunto set '"!~""> ''"" year above written.

My Commission

ALL SIGNATURE5 MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached .and made a part of this petition as

necessary.

County CUP Protest

19 ~ot..oooo <'-oo "!ooo

1<, I I C) 3 '·"' 4/26106

r, c:c·-r,:c--~,;f"- 'J ''·I' )"'~ -::R=->·

=:=.:::~-=·== '·~)~~: ,~: ]~ SECTION 1 I ..... ,L_. ____ _

i c:w.M:,rr f'[]UPTY CLFI~K The undersigned property owner(s) protest the proposed Conditional Use PetiDifJQe'dl.lli6fi..a'S-.~~-':.___.~-·-~---= • .:~.

case No. cu.lB..J_Qz_ to establish Reception, Conference & Assembly Facility ------------------------on property located about

___ 7LL7-'1-'1_S"-'W_,__,6,_1"-s.,t,__,S,t,_,re;ee;ct.__ ___ ln unincorporated Shawnee County, Kansas.

SECTION li-Protestor(s)

NAME(s)

Typed or Printed Name

~1f/lz{c; li Signal re

Typed or Printed Name

STATE OF KANSAS

COUNTY OF SHAWNEE) ss

Be it remembered t11at on this

ADDRESS & LEGAL DESCRIPTJON OF PROTESTERS PROPERTY

(,S1l. Sw ''!.~1 11,.,,._ \., ·

Av~-" l \"I ~' 'l 0')..

t.-•+ 11 1 &l«i< C . k;~r+;;;.~,-,: s, .... t~ R.-ltt- ~-, ~.n:#3

to me personally known to be the same person who executed the foregoing instrument of writing and

duly acknowledged the execution of the same.

In testimony whereof I have hereunlo set twr""''ll

year above written.

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional stalemenls of acknowledgement may be attached _and made a part of this petition as

necessary.

County CUP Prole~l 4126106

r:l·J\ I~ Q; rr; II W! [~ ~-coNDITIONAL USE PERMIT PROTEST PEllTION I 1 ) r----~ ~:l

l!r\'-,; UNINCORPORATED SHAWNEE COUNTY, KANSAS I' .

------------_:_----146-bli;...' -~UilO'V 2 ~ 2D18J . I

SECTION I I L " The undersigned property owner(s) protest the proposed Conditional Use Pennlt~c:.a-·.=-. G-, (-)-~j NTYcLERK

ease No. cu18.J.Jll. to estabr~• Beception, Conference & AsSemDry"FacUity ··· -----=:-:-:-:::-:-:-::-:--::-:------------on property located about

7711 SW 61stsS!!t!.!re2et~ ___ in unincoJPOratod Shawnee County, Kansas.

SECTION 11-Protastor(s)

NAME(sJ

' L, 'ff kr

~\., A,.,..s 'S :~So.,, Ty or Pr1nted Name

ADDRESS & LEGAL DESCRIPnOM OF PROTESTERS PROPERTY

ACKNOWLEDGEMENT

STATE OF KANSAS

COUNTY OF SHAWNEE) ss

to be the same person who

duly acknowledged the execution of the same.

In testimony whereof I have hereunto set nuo-­year above written,

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be aHached and made a part of this pelilion as

necessary.

Gotnll:f CUP f'role.s~

CONDITIONAl use PERMIT PROTEST PETITION ! Q~ ,--------r In r 'n)U2 ~~ 1:~ II ~1 I~ ~

_______ u_N_IN_c_o_.:RPO....:.:.R_A.:_TE_.:D_s_HA:_:::W.:_N:_EE:_C:_O:_U.:_NTY.:..:_•.:_K:::ANS.:.:::AS.::.__~I,!.I..J.Y' J.[ _Nl!JlY.OV 2 r; 2018 l u SECTION I __j

The undersigned property owne~s) protest the proposed Conditional Use Pen ;Skk'ft\!lit\lli/i COUNTY CLERK case No. cu_liL,__QI_ to establ~h Reception, Conference & AsseiTi6!yTadlity -----:~~~~~~~-~-------------"npro~rtyl~reda~ __ __,_7_._7_.1_.1_,S;,cW"--'6"-1!jst...._,S.;!.t!!re!<et!;!L ___ in unincorporated Sllawnee County, Kansas.

SECTION 11-Protestor(a)

ADDRESS & LE:GAL DESCRIPTION OF PROTESTERS PROPERTY

JO...,u .:x;.w-. S: .... ~--· Typed or Printed Name-

lo-t"-1

'-1-. 1 ~ .. e,..."> .,..,~,. *3

~~'~ sTgnfe

fi:,."t'- iS

lm~\o. A ..... s: ... ~~lll Typed r Printed Name

ACKNOWLEDGEMENT

m \c. !'\- \.o-1- I S•u~l. p.:,o~c, 8-.y s.,d-lo"' 01< \Ow~~h.'p I "3

STATE OF KANSAS

COUNTY OF SHAWNEE) ss

Be it remembered that on this d5 day of ~~~~~~~~l_~~~fJ~'Tl ~t·~~~~?4~~~~~~~~-"-~--J[~~----

nown to be the same pen;on ho executed tha foregoing instrument of writing and

duly acknowledged the execution of the same.

In testimony whereof I have hereunto set '"!~lfl

year above written,

My Commission Expires fJ NOTpJtyPI.J>iJ..IC·:;.u.,.q~\~~,---.~' :1,.-.p.a.· -.~o­..,_..,.

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached aod made a part of this petition as

necessary.

County CUP Prolesl

CONDITIONAL USE PERMIT PROTEST PETITION

UNINCORPORATED SHAWNEE COUNTY, KANSAS

SECTION I

SECTION 11-Protestor(s)

NAME(s)

)

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

'z.'2-f sw J3A'i5114Jf P~nJ~ AIA91ARA1' /)5 61.14;..

~01.,~

Sctnl1 "PtJ1tJ-rtE. ?SAl( SU/3 -IJ3 "Bt..PU< A/ CD#ru~ tA.ouS '

u-rs 3 ; 1 Signature

'R.E:B~t!<A ,A1. CHiflt"7" src.-ntJAi " , -r41)).Jfl/ IP 13 1?,-'IA/4~ '5 Typed or Printed Name

ACKNOWLEDGEMENT

' STATE OF KANSAS ) J_ COUNTY OF SHAWNEE) ss _ } , ,.,/

Be ll remembered that on this 2~ 'ZJI day of ~ t/6JH~ , 20JL,

before me a Notary Public in and for said County and State, came -::f'o5GP/I M. ClliJSL, -rR.. i lfdlacA Af. 0112./S-r •

to me personally known to be the same person who executed the foregoing instrument of writing and

duly acknowledged the execution Of the same.

In testimony whereof I have hereunto set my hand an affixed my notarial seal the da and

year above written.

Notary Public

My Commission Expires _ _,_/_:.J:_·_-_'j'L--L/_rf"------

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

... 1•''1"'''\·'l 10 30 lr t_j()()0 300 ···10(,)0 !'\' ,_,,_ ~

County CUP Protest 4126106

CONDmONAL USE PERMIT PROTEST PETITION

UNINCORPORATED SHAWNEE COUNTY. KANSAS

f';:j,[i~ ~~~ II ~i/ f~ ~ 1:L.-)r· -----~-----~--l

~~~\l) NOV 2 R 2018 ~ I'' L - __] • I c 'I' ' -,.- -- ,_ ... "'TY l' LF"'"

SECTION I l ~~ i\;y :!!:.t~-~~~H ~ ~-----~---~-~·'\ The undereigned property owner(s) prote& the proposed Condltiooal Use Permit Identified as -

case No. cul_8_1____QI_ to .....,Ish Reception, Conference & Assembly Facility ---:=::-:;--;:;--;-:-::-;--;--=-:--;-----------on property located about __ __J_7_t7.J1.J1~S;;,W_u__g6J.l;;sll.>lSc!!treJ;!!;9'lt ___ in unincorporated Shawnee County, Kansas.

SECTION 11-ProteJStor(sJ NAME(sJ

Vd+\u~ Signature

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROpERTY

)_ trf- ~ 8/pcK /1 5ctt-f-h PP/~-1- BRy 3 5 (/ b ,f't ~/; .>'./ ~ 0 /VJ7,

5 fp,w.4""' c(71U'1;1_// j<:: cZ-f-1 _5 R _s .

Sec+/"" r:1(, Trw-P>J,p /..3 ACKNOWLEDGEMENT I< tVV?f'E' Is-

STATE OF KANSAS )

COUNTY OF SHAWNEE) ss Be it remembered that on !his ' 20_1[___

before me a Nolaty Public in and for said CoUilty and State, came. ;o---;;c;:--;-;-:-::--,c---­

\/CL 1€-<-;e. B S~dX:>..os "".:.-e-1'.\-ret S, St<!-bb;o5 to me personally known to be the same person who executed for8QOmg nstrumant of writing and

duly acknowledged the execution of the same.

In testimony whereof I have herer.mto set my hand and affixed my nQtatial seal th.e day and

year above writlen.

My Commission Expires

AddHional statements of acknowledgement may be attached and made a part of this peliliOfl as

necessary.

COU!lly CUP Protelil

u~~::~:~~:~~:: ::::~:eR~~~:~:~~~[}Dtt~!-~ff\1 SECTION I ~~· ! L____ . 'I

! :.wg 'iEE ('QUtJT'/ GLEH~ The undersigned property owner(s) protest the proposed Conditionai··Use-'Pemui..•deAiilieei-as-

Case No. CU 18 I 07 to establish a reception, conferenoe and assembly facility __________________________ on property located about

__,_7.!_7 .L11,__,S"-W'--"6-"1 s"'t,_,A01u.,b,..u,_r,_n '-'K"'S"-"6"'64"'0"'2"-------- in unincorporated Shawnee County, Kansas.

SECTION lf-Protestor(s)

NAME(s)

Signature

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

6539 SW Bayshore Dr, Auburn, KS 66402

South Pointe Bay Sub #3, Block B., Lot 1, Acres 10-18, Blk 8 Lot 1 South Pointe Bay Sub #3 Sec:tion 06 Township 13 Range 15

Pamela A Caplinger- Trustee of the Pamela A Caplinger Trust Typed or Printed Name

10 3 oC. 0 ou () t..{oo /DIO

Signature

Typed or Printed Name

ACKNOWLEDGEMENT

STATE OF KANSAS )

COUNTY OF SHAWNEE) ss

Be it remembered that on this ).1st day of November, 2018, before me a Notary Public in

and for said County and State, came Pamela A Caplinger Trustee of the Pamela A. Caplinger Trust

to me personally known to be the same person who executed the foregoing instrument of writing and

duly acknowled ed the execution of the same.

In testi ony ,g~ W..AIYiblMmto s ·~·OTARY PUBLIC

year above w itten. STATE OF KANSAS I4Y APPT EXPIRES <i

my hand and affixed my notarial seal the day and

&~--My Commission Expires __ :r"'t,/"-fl-{-"?--=<11----------

CONDITIONAL USE PERMIT PROTEST PETIT!~~~) (~ ~~ II VI [~ ~ UNINCORPORATED SHAWNEE COUNTY, KAN~¥;, l I I u l': nu• c 1 ana C::

SECTION I . ~1!/:l·'L\W;:J:~II'ITY Cl FRK The undersigned property owner(s) protest the proposed ConditionaCUM:J'.el'l'!lltld~lfutrea:as' __

Case No. CU 18 I 07 to establish a reception. conference and assembly facility __________________________ on property located about

-'-7_,_7_,_11,__,S"-W"-"6-"1s,t~A"""ub.,u"-'r.L!n~K'-'S"'-"6"'6"'4"'02=------- in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

NAME(s)

Signature

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

SW Indian Hills Rd, Auburn, KS 66402

801, T13, R14, NE 1/4 SE 1/4,

Pamela A. Caplinger- Trustee of the Pamela A. Caplinger Trust Typed or Printed Name

Signature

Typed or Printed Name

STATE OF KANSAS )

COUNTY OF SHAWNEE) ss

111101 00 au!042CIOD

R &.'1 '-12. z.

ACKNOWLEDGEMENT

Be it remembered that on this 2\sl---day of November, 2018, before me a Notary Public in

and for said County and State, came Pamela A Caplinger Trustee of the Pamela A. Caplinger Trust

to me personally known to be the same person who executed the foregoing instrument of writing and

duly acknowledged the execution of the same.

In te timonM~Mt~JMiif.tleunto et my hand and affixed my notarial seal the day and . NOTARY PUBLIC

year above ntte'STATE OF KANSA ~ ~ _ _ _

llffAPPTEXPIRES ?.1 ~=======-----Notary Public

My Commission Expires ___ ;r""-f/--'~'";,1-/-'?-"'1-______ _

;::-]~(,1~"-[<i-1'1~·-, 1 G llir !.;; ':: ' C~NDJTIONAL USE PERMIT PROTEST PETJTION ____....:---~ -----

______ u_N_IN-CO_R_P_OR_A_TE_D_s_HA_W_N_EE_c_o_u_NTY_, KAN_s_AS_4

j ~fl-r-fl!8t-,--i -N-NSil\V'-Q 1 2018

111!J

' i

s~~• I , J I -The undersigned property owner(s) protest the proposed CQnditJOnal Use Pe!f!'!t ~~$.:0Utl fY l;Lfl~:<.J

case No. cu18__,_()]'_ to establish Reception, Conference & Assemb!y:F~-------=:-:-::-=-::-::-:---,.------------ on property located about ---"-ZLZ ... 1_,1~S""-'.W.._,6,_1..,s.,t'-'S..,.tr..,e"et"---- in unincorprncle<j Shawnee County, KanSas.

SECTION 11-Protastor{s}

NAME(s)

Signature

Typed or Printed Name

STATE OF KANSAS )

ADDRESS-& LEGAL DESCRIPTION OF PROTESTERS PROPERTY

Gl-:2..0 :sw (3.,..'ishclt...(!.. Di<-·-'11~ Pl'-'-b<J..JZ-~ \ k5 (...t....'--1<.::>:2,

:Sev...l-h P~.o...,\-".,._ B~ 5-.Jo # 31 6\ .. oe...k. C.., L<>+ 1 4.:-~ i,.;:..tLD, 1?.>1 k... c.. Lc.~ '1

' c 6 a 3 'S<<J<·"Y> c(., J\:.'-'.1-h Po .. ~k ~ ~

-To'-".lN :;:.h.....p 13 r<..........,~ IS

1 c, J o<: o oo u2. oo;o& 0

ACKNOWLEDGEMENT

COUNTY OF SHAWNEE) ss

Be tt remembered that on this I q ~ day of NOW'(\] ber , 20 I£- , before me a Notary Public in and fur said County and State, came Ee±er lhtS dA.i\tJei""" _ 0.>'£). IXeclm \n.tsc.bi'IA'J"'' to me personally known to be tha same person who executed the foregoing instrument of writing and duly eek:new/edged the exeettOOn of the same;

In te~ti~ony whereof I have hereunto set m~y hand and affixed my notarial seal the day and year above written.

'

Notary ublic

Mycomm;ss;anExpire' lD Jllf=i?D"26 JENNIFER HARPER

Nolary Publi<>State of Kansas My Appt. Expires I D I I<J-IZO

ALL SIGNATURES MUST BE ACKNOWLEDGED

Aaamonas statements at aamowreagement may- oe atracned and made a Pilii Of tfiis perrrion as necessary.

COimljt CUP" PfO!eS!

SECTION I The undersigned property owner(s) protest the proposed Conditional Use

Case No. cu.tlLr_Ql_ to establ~h Reception, Conference &

- -, 1 :_

----------------------on property located about

___ ZLZL1.u.l_,S;,;Wu...6"-'-1-"st-'-"S!.!t!.!ree<S1lt~-- in unincorporated Shawnee County, Kansas.

SECTION 11-Prot .. tor(s)

NAME(s)

I '1 J o (. o o o o ~ v o 7 oo o

ACKNOWLEDGEMENT

STATE OF KANSAS

COUNTY OF SHAWNEE) ss B~ it remembered that on this _L/-JZ'--- day of

before e NotarY Public i

{Zl/031

to me personally known 1 the sa e person who executed the foregoing instrument of writing and

duly acknowledged the execution of ths ~me.

In testtmony whereof I have hereunto s•eJ.....-hao

year above written.

My Commission Expires

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgl;!ment may be <Jit~lched and made a part of this petition as

nece~ry.

County CUP Protest 4126106

CONDITIONAL USE PERMIT PROTEST PETITION

UNINCORPORATED SHAWNEE COUNTY, KANSAS

---=~:-::~:-::-:-c-c::c---:-----------on property located about

7711 SW 61 st__St._.re"'e"'t'--___ in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

NAME(s} ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

Signature t:o"T"" 7 6U:.t\< A 5QV\l.~, P::".J.-r~ .r~l! J.:r

.,'I•> s~ il<><5fl~~ viC

"""'LJS-vL L GAfU,./~ E Typed or Printed Name

/J~i1.t tl Jlfhk (~ature

Chrii"ftna L. GaJdlit£ Typed or Printed Name

STATE OF KANSAS

COUNTY OF SHAWNEE) ss

ACKNOWLEDGEMENT

Be it remembered that on this l'\ day of Nwem'o:ec , 2o_l_E._,

before me a Notary Public in and for said County and State, came \kxl \\=e.C L · C-.o.rd.nu- a-oc::l. On.-;snoo \.... G.o..nin<.r

to me personally known to be the same person who executed the foregoing instrument of writing and

duly acknowledged the execution of the same.

In testimony whereof I have hAreunto set my hand and affixed my notarial seal the day and

year above written.

N~·~ My Commission Expires ---1-\ +1-'\"a'-+l"'d.oc'l:l"'-'\l'"\=!------

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

Counly CUP Protest 4/26106

r=1-c· C v· -,. ;;;r·r;c-~ .. CONDITIONAL usE PERMIT PROTEST PEnTION :1 D .. 1 rJ:;: uz_~:;_ll__~ .J~',· ~

UNINCORPORATED SHAWNEE COUNTY, KANSAS i l f\ ·, 1 t

!:it: NOV 212018 II SECTION I i ~ ,

The undersigned property owner(s) protest the proposed Conditional Use Per~~~ _ "·'. , _, , Case No. cu.18...LJ1L to establish . onference & A . . ., . ·, H~TY l.~ERI( -----------------------on property located about

____ J.7J.7..!1-'1-'S"'-"W-'-'6'-1'-'s"'t'--'S"-\!tr.se!Se1.\t ___ in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

NAME{s)

~t /a \sf9n;ture 7 ~ leery fZ. GrM',t

Typed or Prird:ed Name

Lise.. A. CarM"j Typed or Printed Name

.

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

f.. <13 I ~b"'~"'' \L S.

Po;nk {p'f A, Lo + 7:

ACKNOWLEDGEMENT

STATE OF KANSAS

COUNTY OF SHAWNEE) ss ·d Be it remembered that on this ___ _}{.2 __ day of

bsfuoe~e·a~~~IPublilr:iic:an~~ ~·m~"~~~~~

duly acknowledged the execution of the

In testimony whereof I have hereunto set m

year above written.

My Commission Expires

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

neC€ssary.

Cour~ty CUP Protest 4126/0!l

CONDITIONAl USE PERMIT PROTEST PETITION

UNINCORPORATED SHAWNEE COUNTY, KANSAS

SECTION I

on property located about

+-<+--'-"' o<"'-.Jt;'.L __ -"---- in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

NAME(s)

Signature

Typed or Printed Name

ADDRESS & lEGAl DESCRIPTION OF PROTESTERS PROPERTY \ "'

,{-tJ''f8 ~ i3 <f.V?' ~I/; k>!P c;tJ z__

~'i2m:&~-.Jf5 ~Z-':ih-1'

I

j"iJ ()~ 0 DO 0'2_!J()Cj000

(<.71'1'-1 1

ACKNOWLEDGEMENT

STATE OF KANSAS )

COUNTY OF SHAWNEE) ss , ~ l , Be ;1 <emembe<ed that oo th;, 110 - day of ~~~ ~ 20.15(., ,

before me a Notary Public in and for said County and State, came=C(\~

to me personally known to be the same person who executed the foregoing instrument of wrilfng and

duly acknowledged the execution of the same_

In testimony whereof I have hereunto set

year above written.

Nota

zozJ

affixed my notarial sear the day and

4, Ruth Mohr ll'fiiiY PUIUC- ST.

All SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

County CUP Protest 4/26/06

•

CONDITIONAL USE PERMIT PROTEST PETITION

UNINCORPORATED SHAWNEE COUNTY, KANSAS

"' . ' - - ·,I ; ; I

:, \ .t.' 2018 i "" I ., \ '' 9 ....... ;

SECTION I : . -·· ._\ '1

The undersigned property owner(s) protest the proposed Conditional Use P:erm~_;!dfill~~~(('ij ~~~rn: case No. cu18_1 07 to establish Reception, Conference & AsiiemblvFacmry~ ------:-:-:.,-.,---.,--------------on property located about ___ 7LL7_..1_..1_.S.,W=_,6'-1"'s"'t-'S,_t,r_,e,.e"-t ___ in unirn:orporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

NAME{s)

Typed r Pnnted Name

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

f:)510 'SW 6·d~/oore Dr: A~b~r~,k>, 6b1o~ ~rjJ&)£z &u1-~3 ~Pd!b \3\o<.\<.C/ lo~ 10

So..,.i'h ~0 ;"te. P<>;\- 5<.~1> • • 3

1c1 J ol.,oOO ()20/0° 00

f(l;i'-/2_

ACKNOWLEDGEMENT

STATE OF KANSAS

COUNTY OF SHAWNEE) ss //_ ~· /. . Be 1t remembered that on this Ltp day of ~ ~· zoJ.K,

~c~•dCountyandStale,cam ~ ~ to me personally known to be the same person who execuled the furegoing instrument of writing and

duly acknowledged the execution of lhe same.

In testimony whereof I haw hereunto set my halfohmd

year above written.

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

County CUP Protest 41261{)6

CONDffiONAL USE PERMIT PROTEST PETIT1mic::>i0ii'"'ii\;;/.i<'!51

UNINCORPORATED SHAWNEE COUNTY,

SECTION I

The undersigned property owner(s) protest the proposed Conditiorral\liJ

Case No. cu_jf__j 01 to establish a a:clfffhQ,..,, coalewce= t~nd @enJ!tt /Odbfu (/l0fr)n11-m*'f';.Y r , "f"r 7·

c·vnrAI4 UlllfJ("'/.U-1" Wlfra!t;tl at 77U fuf,t!! .ftr~M tb Atit/11- fu.Jnjllp on property located about

__________________ in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

NAMECs)

Signature

STATEOFKANSAS )

COUNlY OF SHAWNEE) ss

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

.fitrrcttl II).- i'l'l.i' /d(}(JC}JOJO!:i'() di/Jlk Rnf.· l':.rz. 71./,Z...r

A/a ad:lra~ /.J4IL'<Pn a.m(?tlt!a' aJ Mer-e 1.? no A# me o~ :l!.e p!Op8fllflf"'- tlfe pi-n N .bvdiY w-#n.M-Ot¥1- M' '!'~'"

/t,rceJ 10 ,• lfi?J"JOOt7fi!OIO!?d ,/ tMt<. R .!' • -R :u , <1 2 !."

S:a ofk;W p10perlq 4"enrJ'plu> 12/!acJ.Id.

ACKNOWLEDGEMENT

Be it remembered that on this __,Z~I,_'_T __ day of _,\0"""c-'o'-'''-'~"'"-"' '-'"-0'1<:."=--;-~ 20 l 'D , before me a Notary Public in and for said County and State, came --""''-""''-"'"--'"'------'f-'-\ .::"""'"-~"-""""=""''--

to me personally known to be the same person who exeooted the foregoing instrument of writing and

duty acknowledged the execution of the same.

In lestimony whereof I have hereunlorSetmy~ ~y~: lhe day and

year above written. ~~ ~

NNo~m~~~P~~~urcc~~'-~==::~====~======~ My Commission Expires

NOTARY PUBLIC STATE Of' KANSAS PERRY PLUMMER

MyAppolritment E>:pill!S: (,;> • :1 · Z.L

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

Ji...(Df 51 (]()i)0/0!0/50 I

County CUP Protf!st 4126.106

PLAT OF SURVEY '5ha\>l ne.Q:. '"\ fo;t!k,.\ ~0 THIS SURVEY DOES NOT CI':RTIFY OWHI:PSHIP OR EASEMENTS \ ~~'".!! t', (:)~!!)\<::Jib\ "3. Cl

~. <K rw:. P : l'\>21 •z.s

t ' .. ~ - ' ., ~· ,~ ·• ..... ~I ... ~

~N No l:w I

"'" I I

~~ ~b ~0

"' "' V)

NOTES:

NW Cor. SW l/4 Sec. 31.-Jl-.15

SCALE: 1" = 150'

lEGEND: 0 Fourid e Found

0 so 1Jo

3.44 Acres +/-

Found at 40'

400.00'

s 89°25'47" w

250

N 89"57'30• E

876.89'

.P" ·<:!' #'

"" POO

""~ '-"" ,.-:. \~1-). ~\.0> s-:'1 :'I

..,<f>· <Jot:~~' ..,<f'f)<f' ... ~

'0.1"-j ~~11< 0:. <;; ~,o'J,;

~"

DESCRIPTION from Book 4030, Page 641:

• rebar, origin unknown

Inning

"' • " ~ N

" "' 0 ~ 0 rl 0

0 0

"'

A trilct of latld 111 the West 53 ll<:reS, nErn or lEss, of the Southwest rter of Section 31, Townstllp l2 Solltll, R<lnge 15 East Clfthe 6th P.M., In Shi!wnee County, Kansas o-n-1 as follows: Beginning et 11 point on the Wast line of sal .:I SouthwESt Quarter, Silllcl 1nt belr~g South 00 degrees 02 minutes 30 seconds East 11829.59 feet fmm the Northwest rom..r at said Southwest Quarter; thence North 89 degrees Sf minutes 30 seoonds E<J:St B76.89 feet; thenre S th 00 degrees 00 minutes 06 ~eoonds West 1!15.20 fimt; thence North 71 degrees 30 minutes 36 s mls West 318.00 feet; thence South 59 degree5 29 minutes and 54 seconlls west 202.12 feet (de , (.204.90 feet m~aJSured, 204.54 e~~lc;UI;sted}; thance South 89 de"rees 25 mlrwtes 47 seccnds West 4 .00 feet tg th11 West line of s"ld SOtlttlwest Qu!lrtar; tflenc;e North oo degrees 02 minutes 30 seconds ast 20J.29 feet to the point of beglnnilljl.

sw OJ~. sw 1/4 .sec. 31·12·15

1) Except <IS shown, oo ea~ments, restrlctions or other en=mbrances .,,.., a p"rt of this suntey.

2) Bearlll9& are based on the Deed In Book 4030, Page 641.

su~y orclered by: cathy Mc;Coy of Coldwell Banker Griffith li Blair

STEBBINS SURVEYING LLC 4778 Decatur Road Meriden, Kansas 66512 785-246-3513

I certify this to be a true and co copy of a survey made by me or under my direct supeJVisl n on September 10, 2018.

If the signature 011 the f<~ce of this rJ wing Is not In BLUE INK It Is rrot'"' wig/mil <1nd m<w Ire bjectto At.TFRAnaN.

j -1 i' :z:

)( u ~l OLO IOOOO~£Gtl

CU18/07 Kenneth Brian & Karissa Boyd

Protest Petitions Filed Outside 1,000 Foot Notification Radius

•

' 11.------, r1inc\ lE (l; ~~ II WI fE ~

--------"~-~_:_:_;_~_~0_•:_~_r_":_:_s_P:_:"_w_~_1

E_:_:_~-r~-=-~_;.:..' :,._1

_1

:_1

~_:_5_--J'.L\ )L::.t:ll'-. _.flNl!DJ..V_,2 6 2018 IL: _j

SECTION I , L1 ----~· The undersigned property owner{s) protest the proposed Conditional Use P·l~h~fdMil~<faCOUNTY CLEHK

case No. cu.18_r 07 to establish Receptioo,_Conference & Asse.mb'ly.Facility ---------=:=-:--:-=:-:-:-::-:---::--------------on property located about ___ c7c72121~S"W_,_,6,_1"s.,_t._,.S,_,t,_,re"'e"'t'----- in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor{s)

NAME(s)

Signature

Typed or Printed N<:~me

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

~8'15' St.U SOU/I( POIA/TtFbR.

Aue,ut:,IJ1 KS {g(,f!OJ_

I ·~ 3 0 lD DO 0 0 I 0 I 20'1 0

ACKNOWLEDGEMENT

STATE OF Kf.INSAS

COUNTY OF SHAWNEE) ss Be it remembered that on this /5+(.... day of f\,ka1lorr , 2oJE._,

before me a Notary Public in and for said County and State. came 1-/a,_,f; Moen' .san, '

to me personally known Lobe the same person who executed the foregoing instrument of writing and

duly acknowledged the ex-ecution of the same.

In testimony whereof I have hereunto set my hand an xed my notarial seal the day and

year above written.

My Commission Expires _J.,{;]Olfj"'3':r14/:x,..,._w18"o_ _____ _ ~ I I

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary. '-----------.,

CQtmty CUP PrQiest

r::..\T:C 1:: fl:' flL~~]?I l~u~~--~--->~ __ -; ____ -______ .q CONDITIONAL USE PERMIT PROTEST PETITION 1 i: · Jl

_______ u_•_••_c_o_•._•_oR_A_T_E_o_s ... HA.::W:....:.N•:.:• ... c_o._u __ N __ TY __ • .:.KA=NS:.:A.::S:.__-l'li1' ,·._·11.:.,.---JNlJO!JV 2 6 201 B \ u_ I

SECTION I ~-- _____ __1 I The undersigned property owner(s) protest the proposed Conditional Use Pe~it(~·~~~~~f- G(;\ ;rn~-~-~-~~-~~~--~-­

Ca•e No. cu.ilLt 07 to.,, •• ,,," Reception, Conference & AssemblY FacilitY- ------...,-,----,-------------on property located about

___ 7L7L.l1_!1_;$;)_Wno_.s;6u1l.lS;!l_;S:!_l!lr~eet~al ___ in unincorporated Shawnee County, Kansas.

SECTION 11--Protestor(s) ),_ . 1 j . NAME(s)J Qrf\ e~ + 1.)4:0 1\L H11ber.t- ADDRESS & lEGAL DESCRIPTION I OF PROTESTERS PROPERTY /) i\

~ l uc~- & :; g (p sW Souih ro;n-te IJr 519'"~ . lh.tbuoJ, KS (jj;L/D;;.. James thlber.b rri •• / i2 1 _L"' Typed or Prioted Name . DID""'- U • L-<l'-' :::>'

Jd1£1A-• ~ _5ouih fb,nh> Baj~;t.

STATE OF KANSAS

COUNTY OF SHAWNEE) ss

AI' o < e,), "= . 2o.JL, before me a Notary Public in and ror said County and State, came ~-~1uuLJ>""~££ . .<;.<c..JI-b:t·,_iub;.<ocbt=...._

<>-- blct.~ U.\lboc.Y

Be it remembered that on this I 'l,.L day of

to me personally known to be the same person who executed the foregoing instrument of writing and

duly acknowledged the execution of the same.

In testimony whereof I have hereunto set my hand and affiXed my notarial seal the day and

year above written.

My Commission Expires __ J._,:!>co/ -,--'-'''-;h"O"I~j'-----

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

Coun1y CUP Protest

I "l3ClPOOOO /02. 10'3<".)

"1<1 ·1 I q Z. 'J 4126/06

CONDmONAL USE PERMIT PROTEST PETIOON

UNINCORPORATED SHAWNEE COUNTY, KANSAS

------::-:---::-----'-------on property located about

~~ 7711 sw 61 st Street in unincorporated Shawnee County, Kansas.

SECTION ti----Protestor(s)

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

l ~11.-L.• firM. &oc& f?.J,¢;>1 -r-r Ty d or Printed Name

S1gnature

J.., ;JDI'J .r -z5.J£Z;:>JJT Typed or Printed Name

ACKNOWLEDGEMENT

STATE OF I<ANSAS

COUNTY OF SHAWNEE) ss -¥\(\ Be it remembe,ed that an 1his \Y day of ~ ~ , 20 \'D.

fore me ~ Notary PLiblic, in and for said County and S~te, came \ =6-ur L

to me personally known to be the same person who executed the foregoing instrument of writing and

duly acknowledged the execution of the same.

In testimony whsreof I have hereunto set my hand and affixed m notarial seal e day and

year above written.

My Commission Expires Q) 1 !) 0 J ZD2 7

All SIGNATURES MUST BE ACKNOWLEDGED

!llro&HilUia Cervantes Notary Public

stsW of Kans~ ..,_..,,~ U.)Do 22

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

County CUP Protest

I CJ 3 Ole OQ DO /()0 GJ 140

-p,-/1\2)"13 4/26106

•

CONDITIONAL USE PERMIT PROTEST PETlTtoN

UNINCORPORATED SHAWNEE COUNTY, KANSAS

SECTION! •

The unders;gned property owne~s) protesJ the proposed Conditional Use P~(llliJ~~!~OOl!~JTY CLERK '

Case No. cuJJL, 07 to esJabllsh Reception, Conference & ASsembly Facrllty --

---=:-:-:-::-::---=-:--:-:----------on Property rocated abour ___ 7LZ'---'1_,_1_,S .. W.u...,6w1c;S"!-'S"'!"-r"'e"e"-t ___ in unincorporated Shawnee County, Kansas.

SECTION 11--Protestor{s)

NAME(s)

fJ?.~ Sig7ufe

Typed or Printed Name

Sigrurture

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

s\...U So.. .... ro~,~)'Z..Q.. Dr<.. C\.....bt....le.N

Swl-+"1 P<.!>l"'k 15"-'-1 ~ ,a, '3, 6 t"'c.Jc._ C.. 1

kr a 3 • A(._"-"-'=' ;;~. b8 i ~1+; c. L¢+-- ::,

S~..u.;, Po'""'- e"-'1 .Sc..b '"'· L.,._, &0

. 1\'lW Co~. loJ- TH ELY s--n·'1Y' 5

\Fj.t., SE 3Dt.>.~9' w 75").. 7' NLY

1:.'"3 e .. oo' To Poe ~cJ-ro:sn · ~ T ~"'-sh...·p I""> ~~ 15

!"73ok. voo o7..vu ;oou ACKNOWLEDGEMENT p, 710 '3'-1

STATE OF KANSAS )

COUNTY OF SHAWNEE) ss be Be It remembered that on this ,g f-iJ. day of JJ Ol-t?M r ' 20 I~

before me a Notary Public in and for said County and Sta~, came Fe-ter T~--U &h"•!Yier """'c\ . l>eedm Tn.<sch'!Vlqer

tO me personally known to be the same person who executed the foregoing insttument .of writing and dt:tly aek-newledged the exeetJtion of !he same.

In testimony whereof I have hereunto set my hand and affixed my notarial seal the day and year above wrttten. (\ t? ../

N~ My Commission Expires Ll) I \Y-- I 2 07D

ALL SIGNATURES MUST BE ACKNOWLEDGED

JENNIFER HARPER Notary Public-State or Kansas

MyAppl. Expires IDll'tLW.

Additional stafemenFS al aacnowJeagemenf may De aftamed ana made a PBrf or ffiis. permon as necessary.

COi.rntj CUP PrOffil! 4126!06

• ~ ... -fir.-,-T;-i,-,·,1,' ·,,- .. ·~· .. ·1.:,· . In'\ l_r, lrJ ~~-·-- .• ,

CONDmOHAL USE PERMIT PROTEST PETJTIOH 1; ~~~·. r --- f :. i_ f I\ UNJNCORPORATEDSHAWHEECOUNTY,KANSAS ! ··,I NOV 1 9 201B!j~·:~· \

SEcnON I ------ · '' \ · "-~"··-' ·:-J~~~ ('f'Ut·:-~·~r CLE( · 1 Tha undersigned property owner(s) protest the proposed Conditianal Use Permit ide · 80'8S· ·, : ~' · ·- __ ~~>: __ _:__~------ -- '

case No. cu18.L.QL to·-,;,, Reception. Conference & AssemoiYFacfiiiY ---::=-:-:-=:-:c-::-:--::c--:--------- on property located about ___ 7,_7,_1L1.LSS<JW"-'6"'1-"st"'-S""'tree_,._t ___ In unincorporated Shawnee County, Kansas.

ACKNOWLEDGEMENT

duly acknowledged the execution of the same. fwritlng and

In testimony Wherecf 1 have hereunla set

year above written.

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as necessary.

County ClJP Protest

.,--~~-··- ., fQ)l~ ((; !:~ 11 ';!l y

CONDITIONALUSEPERMITPROTESTPETITION ~~n~~- o ?018 ;:~)J\ UNINCORPORATEDSHIIWNEECOUNTY,KANSAS . : .•\ NOV 1 . - J .

. -----I SECTION I \ , 1\\Nl"<, -;~ 1)-;\;TrY ~~~j

The undersigned property owner(s) protest the proposed Conditional use· Pennlt1denlified··ag-

Case No. cu1.8_,__QI_ to establish Reception, Conference & Assembly Facility

----:::::-;-:-::::7'::-:-:-::-;--:-----------on property located about ___ 7LZL.J.1_._1~S.,_W.._...,6ct1.;,S>.l .,;S>Jt...,re.,e.,tL._ ._in uninoorporated Shawnee County, Kansas.

SECTION 1'-ProtestQr(s)

NAME(s)

STATE OF KANSAS

COUNTY OF SHAWNEE) ss

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

ACKNOWLEDGEMENT

Be lt remembered that on this \ l Qtr- day of NDtJexrl;,u_x , 20...11._,

before me a Notary Pubnc in and for said County and State, came .~I; o..n C.. Lc;;.c~).D ?. Coo"a 1- LDo<V"' ·--------------­to me personally kn~~ be the same person who executed the foregoing instrument of writing and

duly acknowledged the execution of the same.

In testimony whereof I have hsreunlo set my hand and affixed my notarial seal the day and

year above written.

Notary Public ~

My Comm;s.;on Exp;res _zw.h"="i-1LJL21...7...h..~------ ~-Amber M. Bradley Notary Public

State of Kansas

M; Appt. Eapl"'l 5 I 1..1..\ I 11. ALL SIGNATURES MUST BE ACKNOWlEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary_

County CUP Protest 4126/00

CONDITIONAL USE PERMIT PROTEST PETITION

UNINCORPORATED SHAWNEE COUNTY, KANSAS

SECTION I 1--;-- "~;;-T-, 'ln'\ t~w • · '.ll:t: ' ''' ' · '·' ·-' The unders~ned property owner(s) protest the proposed Conditional Use ~e\~~~~~-J"\.. _..:~---~~----

Case No. cu__j_J___/___!!1____ to establish lfec.qrttJA... (tJaH~· ? )!5.se..-~'J _ htr:.- hf ~ 'ry 7 7// 5 t-U 6/.5-{- on property located about

--<Lf"'"'lt..0<:.:6/.v)L<I:.I.l¥1<f""'~'"lfflif""<e.<ll<U<:... ~h<n~"""''-"'-"1;,!:,_, ___ in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

~ ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

.--z;,. Q Tlt1 ;J_ [i-pven "!' Typed or Printed Name

ACKNOWLEDGEMENT

STATE OF KANSAS

COUNTY OF SHAWNEE) ss .-- ~- ..... _11 ... Be ;t oemembeoed that on th;s ).5 day or£t~ /"20 11/f. 4-

·n~ndfoosa;dc ntyandState,oam;~oilrj 'K_ ~1-'1

to personally known to be the same person who executed the foregoing instrument of writing and

duly acknowledged the execution of the same_

In testimony whereof I have hereunto set ~"'"""'and

year above Wlitten.

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

County CUt-' Protest 4J26f06

•

CONDITIONAL USE PERMIT PROTEST PETITION

UNINCORPORATED SHAWNEE COUNTY, KANSAS NOV 1 9 2018

----=:::-;-;-::;:-;--;:-:~-;::-:---:-----------on property located about --~7'-'7L1L1-'-'S"'W"-'6"-<1 ,st,_,S'-'tr,_,ee=t~ __ in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

NAME(s) ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

~ fb/'rJ-1:-e.. Ba...'J D;vis,c:A ~seo; s w,.::x:,v.f}l !bij)/--e..1Jfl LPI-If . f-~ M ..,-f J::tweltrpl'l e:.J

ACKNOWLEDGEMENT

STATE OF KANSAS )

COUNTY OF SHAWNEE) ss Be it remembered that on this 18"""-- day of Q ov<'m~

before me a Notary Public in and for said County and State, came J c.~~:t'""...., "X

3J.-oc....~........_a:........_

to me personally known to be the same person who executed the foregoing instrument of writing and"

duly acknowledged the execution of the same.

In testimony whereof I have hereunto set my hand and affixed my notarial sea! the day and

year above written.

My Commission Expires 3 -- \\ - 2.. Dz; 0 .--.-------, .A_ Lee Legault NOTARY PUBLl~!!,-STATE OF~

~M!'!A~,p~'~E~X~~~·!li~-~z~~~-~--~ ALL SIGNATURES MUST BE ACKNOWLEDG .LI

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

County CUP Protest

' . ' ·-- ·--- -- ---::-~----~-~--~-;---r--:::::--,

[·;\\ ki ::;·,_; l-~-~)__'~L_L~ ... n'\1 coNomoNAL usE PERMIT PROTEST PETITION;.' . :··· ···· ...... jl I j II

uNINcoRPORATED sHAwNEE couNTY. KANs i r 1 !: NOV 1 9 201s !lL::_i [ I 1 i

SECTION I L.--·:·::-·"',.,"' i The undersigned property owner{s) protest the proposed Conditiooal ~~~rt.l~Q~~~-~~- ~-:_:.::·:J

case No. cu18...J 07 to establish Reception, Conference & Assembly Facility ------.,.,----,------------on property located about __ _.7'-"7'-1,_1.._,S,_,W"-'6,_1.cse.t._S,tr_,.e,e,_.t ___ in unincorporated Shawnee County, Kansas.

SECTION 11-Protestor(s)

NAMEis)

~.~?>J.~'J ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

_5ol,,.;t~ t"o!,..,+-c.... ~"\ Dilli.S'4""

(,515 5 ,W, 5o~"~<-\*' o-f<: DR.

M.'to,~Pri~~ !J:,;r I+ S ... bdiv~.S\01<) ~803 S.::.,,;-\""1-\ ~ ... ;'1-k 'Blfb2.

\....sa.\'. e,LK A Lot 3 So~tb; 'f;,~z..

ilirtetu~ Typed or Printed Name

ACKNOWLEDGEMENT

STATE OF KANSAS

COUNTY OF SHAWNEE) ss r1

'/•·...It-, {V ' I ~~ Be it remembered that on this _.c_T,__ day of __ L.c:.'-lt-=""""=-l __ , 20_.

beto;.um~ a Notary Public in and for said County and State, cameC'C" ________ _

~ G:>_jl4f Chef LR ft'fV' \ a:r' IT to me personally known to be the same person who executitd the foragoing instrument of writing and

duly acknowledged the execution of the same.

In testimony whereof I have hereunto set Y hand and affixed my notarlal seal the day and

year above written.

My Commission Expires NOTARY PUBUC ·State of Kans3s

LEA DAWN TI-1ROCKMORTON

My'"'"''· '7 I 'i{ I l'l

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

Collrlly CUP Protest 4126106

•

SECTION II-Protestor{3)

NAME(s

(2, .ct...,...( )) , 1G a. a.; L L Typed or Printed Name

~ Cf t..J~u_;,,:f/ 'natt(e

' J6'1 e.€ £. ~ !UL• LL Typed or Pnnted Name

ADDRESS & LEGAL DESCRIPTION OF PROTESTERS PROPERTY

kf t2-, otod<. A . .:>.otll.. Pe· uf ~4.~ #2.­'->ts s., s..JI.. p • . ~ P"'""" /<:•l..,n_tl,/6 ~'~><-

ACKNOWLEDGEMENT

STATE OF KANSAS

COUNTY OF SHAWNEE) ss

Be it remembered that on this 2-7 day of )JQVL.,.._..J.._/L , 20 I$, before me a Notary Public in and for said County and State, came £tA«}?t i>./ G/Ul,'// "' (Ji,'(U ~. IH.IL-; 0 ____ · -------

to me personally known lobe the same person who executed the furegoing instrument of writing and

duly acknowledged the execution of the same_

In testimony whereof I have hereunto set my hand and affixed my notarial seal the day and

year above written. ~n • ·~utlk . ..__.c //~

My Commission Expires ~'7.-./-2.'"".\i@~fl.c;/V"""/'-+f------

ALL SIGNATURES MUST BE ACKNOWLEDGED

Additional statements of acknowledgement may be attached and made a part of this petition as

necessary.

CoLJnty CUP Protest 412.6/06

Shawnee County

Department of Public Works

c )

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

November 27,2018

785-251-6101 FAX 785-251-4920

CURT F. NIEHAUS, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

TO BOARD OF COUNTY COMMISSIONERS ~~_;?...J£-..

Thomas F. Flanagan P.E., Deputy Director of Public \Vorks r---FROM:

SUBJECT: HA YDITE- QUOTE #068-18: PRIOR APPROVAL BY THE BOARD OF COUNTY COMMISSIO'-IERS ISSUED OCTOBER 25, 2018.

DISCUSSION: Sealed bids were advertised and solicited for the purchase and delivery of6,000 CY ofHaydite light weight aggregate material for the 2019 constmction season. One bid was received.

COMPANY UNIT PRICE (perCY) TOTAL

Buildex, LLC $52.45 $314,700.00

Shawnee County residents will benefit by the approval of this request in that the SCDPW will be able to perform significant preventative road maintenance work on approximately 50 miles of its roadway system. The provision of preventative maintenance has proven historically to reduce the long-tenn maintenance costs of roadway systems, as compared to deferring maintenance until such a time that much more costly maintenance work is required. Providing timely preventative maintenance results in a safer roadway for motorists and minimizes the tax support ultimately needed for adequate roadway maintenance.

The financial impact of this request is $314,700.00 and is not anticipated to have any adverse effects upon the SCDPW budget. Buildex, LLC, Ottawa, Kansas has supplied Haydite to SCDPW for the past several years. Delivery of the material, and subsequent payment, are to occur after January 1, 2019.

RECOMMENDATION:

The bid submitted by Buildex LLC meets miniffium specifications; therefore, il is the recommendation SCDPW that the bid ofBuildex, LLC, Ottawa, Kansas in the amount of S314,700.00 is awarded.

Funding for this material \Vill be from the 2019 Public Works Road Maintenance Flmd (Account Ko. IOPW126 50351)

:; I

REQUEST FOR QUOTATION SUBMIT BID TO

PURCHASING DIVISION SHAWNEE COUNTY COURTIIOUSE

Room 201 Topeka, Kansas 66603

QUOTATION NO.

DATE MAILED

CLOSING 2:00 P.M.

068-18

11-07-18

11-26-18

VENDOR~~\~) l (._

ADDRES~, ..">c •. (s, <.,(odp I PHONE"J.~~-"d,'-\a, ~ 'd,\ !']

TIDS IS NOT AN ORDER

1. In communications always refer to the above quotation number. 2. In order to receive consideration, one copy of this request for quotation with your bid properly" filled in must

be signed and returned by the specified closing date. 3. All prices and conditions must be shown. Additions or conditions not shown on this bid will not be allowed. 4. Contracts or purchase orders resulting from this quotation may not be assigned "1-Vithout written prior consent

of the Purchasing Division. 5. The Purchasing Division reserves the right to accept or reject any part of, or all of, any bid or proposal. 6. Ali prices quoted are to be less Federal Excise Tax and Kansas Sales Tax. 7. Failure to respond to RFQ may result in termination of future mailings. 8. Price quoted shall remain firm until bid has been awarded.

ITEM AND DESCRIPTION

Shawnee County is soliciting sealed bids for the purchase of Expanded Shale Lightweight Aggregate Material (Hayditc) for use in its chip and seal road maintenance activities per the following minimum specifications.

Bid results will not be given over the telephone. Results may be obtained by attending the public bid opening or by sending a self addressed stamped envelope to the Purchasing Division with your request for bid tabuJation.

NOTE: If your company resides in a locale which has a local preference law, please state what that preference is . If there is no preference in your locale please answer by stating NONE. F AlLURE TO RESPOND TO THIS PART OF THE SPECIF1CATION MAY RESULT IN REJECTION OF YOUR BID.

These specifications are guide specifications. Any exceptions to these specifications shall be so note{~. The County reserves the right to waive minor technicalities under this specification. Bids on items which are "an approved equal'1 are encouraged unless otherwise noted. The burden of proof regarding "an approved equal" will be upon the bidder.

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

068-19

11-07-19

11-26-19

NONDISCRIMINATION: Shawnee County is committed to the concept of equal employment opportunity. All bidders and contractors are expected to comply with the provisions of K.S.A. 44-1030 and 44-1031, copies of which are attached and shall be a part of this contract and other applicable Federal and Kansas laws govercing equal employment opportunity.

BID FORMS: Bid forms are to be completed, signed and returned to Shawnee County Purchasing Department, 200 SE 7'' St., Room 201, Topeka, KS 66603. Bids shall be submitted on or before the date and time set for. closing of bids. Bids must be securely sealed in an envelope addressed and marked on the outside with the name and address of bidder, quotation number and closing date in the lower Ieft~hand comer. Bids by telephone or telegraph, or facsimile will not be accepted.

SIGNATL"RE OF BIDS: Each bid must show in the space provided the complete business or mailing address of the bidder and must be signed by him with his usual signature.

CLOSING DATE: Sealed bids will be received until 2:00p.m. on the scheduled closing date at which time they will be opened and publicly read. Bids received after the scheduled closing time will not be considered. Bids that do not carry proper identification may be rejected. The Purchasing Division "Will accept no responsibility for the premature opening of a bid not properly identified on the out:;;ide of the envelope.

MODIFICATION OF BIDS: Bids already submitted may be modified by letter or--' telegraph provided modification request is received in the Purchasing "Division prior to the ·time set for closing Of bids. · ·

QUOTATION NO.

DATil MAILED

CLOSING 2:00P.M.

068-19

11-07-19

11-26-19

WITHDRAWAL OF BIDS: Bids already submitted may be withdrawn upon proper identification of bidder and provided request is received prior to time of closing. Negligence on the part of the bidder in. preparing the bid confers no rigbt for the withdrawal after the time set for closing of bids.

NOTICE TO SUCCESSFUL BIDDERS: The successful bidder will be notified by letter or telephone as soon as possible after bids have been opened, tabulated, and analyzed.

NOTICE TO UNSUCCESSFUL BIDDERS: Unsuccessful bidders will not be notified. However, information regarding bids will be available three working days after the bid opening. At that time, the results will be available in the Purchasing Division.

NOTE: In the event that goods or services delivered by the vendor are unsatisfactory and remain unsatisfactory after a notice and an opportunity to correct the deficiencies, the County reserves the right to purchase substitute goods or services from the other bidders.

The County is exempt from the payment of Federal and excise taxes and froin Kansas sales tax.

All bids received on or before the specified bid closing time and date shall be publicly opened, read aloud and properly recorded on the bid tabulation sheet. Subsequent to the bid opening, all bids shall be thoroughly evaluated and a determination made as to their compliance with applicable specifications. The appropriate County department heads and the architect or engineer, if applicable, shall make this determination jointly. Upon completion of the above determination, an analysis of all bids submitted shall be prepared and formally presented to the Board of County Commissioners for acceptance and approval of the lowest and/or best bid. The Board of County Commissioners reserves the right to accept or reject any and/or all bids and to waive any irregularities or informalities therein.

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

068-19

11-07-19

11-26-19

If additional information is required, please contact Jerry King, Road & Bridge Superiotendent at 785-251-6071 or 806-1559 (cell).

Michele Hans aw, Purchasing Specialist

SHOW TERMS t\1"--t 3D ~UJ. ,.s, '

DELNERY WILL BE MADE £>.5 \Lo~ll e~ \, ~ o....n:. \C\\c."1 l,_i,y

:;::D ~! 't:~·,c.'{~ Jri-, N~ Me.~~

TITLED.-~ ... -=---., e:u'-&.>c..:...SLL. S:.-.0.<1 ~ ~~ PHONENO.']~ d,.'-\0, -d,IJ'l

FAX NO. '] 'i:, <-, _ ;).4-;;;,.. - \ ~hl____ -~---

The bid price shall include all costs for delivery to the following locations in ShalND.ee County (Approximately 25% to each location), or other location(s) as mutually agreed:

District 1: 2727 SE 77lli Stree~ Berryton, Kansas ).h~\~~ \+~c._~~ &~~ District 2: 1639 N. Washington Street; Auburn, Kansas

_Delivery of the first half of the entire allotment of material shall occur between January 1, 2019 and May 31, 2019. The second half of the entire allotment of material shall occur between June 1, 2019 and December 31, 2019.

The bid price shall not be subject to escalation prior to completion of full delivery.

The supplier will be required to furnish a copy of the gradation results and/or samples of the material to Shawnee County for testing.

Shawnee County reserves the right to procure material from the supplier providing the second best bid if the supplier submitting the best bid is unable to supply the quallty or quantity bid within the timeframes stated below.

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

068-19

11-07-19

11-26-19

TECHNICAL SPECII1CATIONS

3/8" x 1/4" expanded shale lightweight aggregate material (Haydite), meeting the following gradation:

Sieve Size

3/8" #4 #8

#16

%Retained

0 15-25 85-100 95-100

Color: Material shall be primarily dark in color. Primarily tan-colored or light brown-colored material will not be accepted. Bidders shall submit, along with their bid, a sufficient sample ofprop?sed light­weight aggregate that adequately illustrates the color of material to be supplied.

NOTE: In the event that a bidder has a slightly different gradation than that listed above, the bidder shall submit a proposed gradation and m~terial sample to Shawnee County for approval prior to submission of its bid.

Submit proposed alternate gradations to the following at least 72 bouts before bid opening:

Jerry King, Road & Bridge Superintendent Shawnee County Public Works 1515 NW Saline Street, Ste. 200 Topeka, KS 66618 Phone: (785) 251-6077 E-mail: jerry.king@snco.us

QUOTATJONNO. 068-19

DATEMAILED 11-07-19

CLOSING 2:00P.M. 11-26-19

SCHEDULE OF PRICES Quotation# __ _

Bidding Item/Road Maint Est. Quantity Unit Price Extension

1. Expanded Shale Lightweight Aggregate Material •"""- <IS 6,000 cu. yds. "'-"1· /cu. yd.

DOLLARS

~,Llc.. COMPANYorFIRMNAME

PLEASE SUBMIT TIDS AS THE FIRST PAGE OF YOUR BID

Please submit the original and a copy of your bid.

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

068-19

11-07-19

11-26-19

44-1030 Mandatory provisions applicable to contracts of the state and other political subdivisions; cancellation, when; application to subcontract; nonapplication to certain contract. (a) Except as provided by subsection (c) of this session, every contract for or on behalf of the state or any cmmty or municipality or other political subdivision of the state or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that: 1. The contractor shall observe the provisions of the Kansas act against dis~.-Tim:ination and shall not discriminate

against any person in the performance of work under the present contract because ofrace, religion, color, sex physical handicap unrelated to such person's ability to engage in the particular work, national origin or ancestry.

2. In all solicitations or advertisements for employees, the contractor shall include the phrase, «equal opportunity employer," or a similar phrase to be approved by the commission.

3. If the contractor fails to comply ¥lith the manner in which the contractor reports to the commission in accordance with the provisions ofK.S.A. 44-1032, the contractor shall be deemed to have breached the present contract and it may be cancelled,. terminated or suspended, whole or in part, by the contracting agency

4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency.

5. The contractor shall include the provisions of paragraphs one (1) through four ( 4) inclusively o this sub-section (a) in every subcontract or purchase order so that such pro'Visions will be binding upon such subcontractor or vendor. (b) The Kansas commission on civil rights shall not be prevented hereby from requiring reports of contractors found to be not in compliance Mth the Kansas act against discrimination. (c) The provisions of this section shall not apply to a contract entered into by a contractor: (I) Who employs fewer than four (4) employees during the tenn of such contract; or (2) Whose contracts with the governmental entity letting such contract cumulatively total five thousand dollars ($5,000) or less during the fiscal year of such govenunental entity.

44w 1031. Same; personnel to be used in perfonning contracts; reports; non-application to certain contractors. Every person, as defined in subsection (a) ofK.S.A. 44-1002, who wishes to enter into a contract which is covered by the provisions ofK.S.A. 44-1030 shall upon request of the commission, inform the commission in writing of the manner in which such person shall recruit and screen personnel to be used in performing the contract. The report shall be marle on forms to be supplied by the commission. The provisions of K.S.A. 44-1030 and of this section shall not apply to any contractor who has already complied ¥lith the provisions of such sections by reason of holding a contract with the federal government or a contract involving federal funds.

History: L.1972, ch.l84, & 15; L. 1975, ch. 264, & 8; L. 1977, ch. 183, & 2; July I.

I

Date:

To:

From:

Re:

Locations:

SHAWNEE COUNTY DEPARTMENT of PUBLIC WORKS

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

Curt F. Niehaus, P.E. Director of Public Works

County Engineer

MEMORANDUM

November 28, 2018

Board of County Commissioners/) 6

f

Curt F. Niehaus, P.E. UN Director of Public Worlcs and Solid Waste

Resolutions (2) Authorizing the Permanent Placement and Maintenance of Traftic Control Devices- STOP SIGNS

Intersection of SW 17th Street and SW Valley View Drive- All Corners Intersection of S W 18th Street and SW Ancaster Road- All Corners

The Mission Township Board and Road Department submitted a request to convert two uncontrolled intersections in the Hidden Valley Subdivision to all-way stop controlled intersections.

The Shawnee County Department of Public Works (SCDPW) has reviewed this request and has conducted a warrant study in accordance with the Manual on Uniform Traffic Control Devices, and concurs with the request.

Therefore, it is the recommendation of the SCDPW that both attached Resolutions are adopted.

Mission Township will be responsible for the installation and maintenance of the eight signs (Four R1-1 "STOP" and Four R1-4 "ALL-WAY").

Adoption of either Resolution will not result in a cost to Shawnee County.

Attachments

RESOLUTION NO. 2018- !rli A RESOLUTION ESTABLISHING THE PLACEMENT oiAN ALL~ WAY STOP AT THE

INTERSECTION OF SW 17™ STREET AND SW VALLEY VIEW DRIVE

Sponsored by Commissioner Cook

WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas has authority to regulate, warn and guide traffic upon all streets, roads and highways under its jurisdiction; and

WHEREAS, Shawnee County Public Works has reviewed the potential for traffic conflict at the following location due to a nearby roadway improvement project and, in the engineering judgement of the Shawnee County Public Works Department, the placement of Traffic Control Signage is warranted to ensure the safety of the traveling public; and

NOW, THEREJ!'ORE, the Boru:d of County Commissioners of the County of ShaMlee County, Kansas meeting in regular session this __ day of , 2018, does hereby resolve as follows:

1. Traffic control devices shall be installed at the location(s) indicated below and shown on the attached drawing:

DEVICE:

LOCATION:

INSTALLED BY:

MAINTAINED BY:

ATTEST:

Cynthia A. Beck, County Clerk

ALL· WAY STOP SIGNS (RI-1 and R1·4)

Intersection of SW 17'b Street and SW Valley View Drive

Mission To\V!lship

Mission Tovm::~hip

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Michele A. Buhler, Vice-Chair

Robert E. Archer, Member

APPROVED AS TO FORM AND LEGALITY BY THE SHAWNEE COUNTY CRUNSELOR'S OFFICE

DATE 11·1. 1 ' 1 ~ BY If' [A f1

'

····-------------------------

PROPOSED LOCATION of 4-Way Stop Signs

SW 17th Street and SW Valley View Drive

SW 17th Street • 8

t-------1 >- Q) aLE ooO >:;: r-----1-------1 ~ ~

RESOLUTION NO. 2018- '10 A RESOLUTION ESTABLISHING THE PLACEMENT OF AN ALL-WAY STOP AT THE

INTERSECTION OF SW 18TH STREET AND SW ANCASTER ROAD

Sponsored by Commissioner Cook

WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas has authority to regulate, warn and guide traffic upon all streets, roads and highways under its jmisdiction; and

'WHEREAS, Shawnee County Public Works has reviewed the potential for traffic conflict at the following location due to a nearby roadway improvement project and, in the engineering judgement of the Shawnee County Public Works Department, the placement of Traffic Control Signage is warranted to ensure the safety of the traveling public; and

NOW, THERE:FORE, the Board of County Commissioners of the Collllty of Shawnee County, Kansas meeting in regular session this day of , 2018, does hereby resolve as follows:

1. Traffic control devices shall be installed at the Jocation(s) indicated below and shown on the attached drawing:

DEVICE;

LOCATION;

INSTALLED BY:

MAINTAINED BY:

ATTEST:

Cynthia A. Beck, County Clerk

ALL-WAY STOP SIGNS (Rl-1 and Rl-4)

Intersection ofSW 18111 Street and SW A.ncaster Road

Mission Township

Mission Township

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Michele A. Buhler, Vice-Chair

Robert E. Archer, Member

APPROVED AS TO FORM AND LEGAUTY BY THE SHAWNEE COUNTY OUNSElOR'S OFFICE

DATE /1-tl-lf BY ((}

... r-----------------------------------------,

PROPOSED LOCATION of Stop Signs

SW 18th Street and SW Ancaster Road

~r----------~~s~w~1r7t:h~s~~e,et._~ (}_ ~

~ <=t-----1 <(

rOG SW 18th Street

Memorandum

DATE: November 28, 2018

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

J) Shawnee County J

Information Technology Room 205, Courthoi.fSe

200 SE 7th Street Topeka, Kansas 66603·3933

RE: Consulting and Network Design Assistance with Sirius.

With the increasing complexity inherent in today's network and computing environments, the Information Technology Department would like to ensure that our configurations are meeting best practices for reliability, flexibility, and cost effectiveness. To accomplish this goal we would like to submit for your consideration and approval a Statement of Work from Sirius, a national technology integrator, with an office in Overland Park, to perform a review of our core network configuration.

We estimate that the review would take no more than ten hours at a cost of $255 per hour plus travel expenses.

Funding to support this service, not to exceed $3000, is contained in the 2018 Information Technology budget.

CPO/mro

fax 785-2.91-4907 phone 785-2.1.'1-8200 e.xl 40SO

Statement of Work- Work Authorization Agreement

~SIRIUS

SHAWNEE COUNTY General Support Services

SHAWNEE COUNn CONTRACT# C3'/<t-J.ot1(

This Statement of Work (SOW) is made by and betwer;m Sirius Computer Solutions, Inc., {Sirius) and SHAWNEE COUNTY (Customer) for the provision of certain pmfessional services as more fully described herein, (Services). Customer and Sirius expressly acknowledge and agree that this SOW is incorporated by reference into, and made a part of, Sirius Customer Agreement 20040128CA (the Agreement). In the event of conflict, the tsrms of the Agreement shall control unless otherwise expressly provided herein.

SCOPE OF SERVICES

The scope of services for this project is altaclled hereto as Exhibit A

ACCEPTANCE CRITERIA

This SOW will be deemed complete when the tasks stated in the Scope of Services have been accomplished.

RESPONSIBILITIES

Sirius Responsibilities 1. Staff this effort with appropriately skilled individuals to perform the Services, Including project coordination as

applicable 2. Promptly notify Customer of any unsafe condition about which Sirius has knowledge. 3. If applicable, document each task necessary to complete the Services and send a 'final report to Customer when such

tasks are completed.

Customer Responsibilities 1. Customer agrees that the acceptance criteria for this project will be met 'Nhen all dellverables have been completed

and accepted. 2. Back-up all data, softwara, oparating systems, software configurations and networking configurations In preparation

for and during the performance of the Services. Sirius shall not be liable for any lost, damaged or corrupted data. 3. Have the appropriate software and hardware available at the beginning of the project and ensure that the necessary

hardware environment (operating system, network, ports) is configured appropriately and is stable. 4. Customsr will be rssponsibls for data migration unless specified in the scope of services. 5. Prior to Sirius Consultant coming on-site for services, provide resourca contact information; names, phone numbers,

email addresses and location. 6. Provide Sirius with known schsduled outages, resource unavailability and project specific Information for the

development of a cohesive project schedule. 7. Provide Sirius with access to Customer's facilities and appropriate resources as reasonably necessary for Sirius to

fulfill its obligations hereundsr, including but not limited to: an adequate work area, network access (Including Internet access). telephones, terminal, access to PC-based printer, remote access to systems (If applicable).

8. Promptly notify Sirius of any unsafe condition about which Customer has knowledge and to which Sirius resources could be exposed.

9. Promptly notify Sirius of any accidents or injuries involving Sirius employees or subcontractors assigned to Customer. 10. Promptly Inspect and accept Services and/or Deliverables upon completion by Sirius.

DELIVERABLES

This SOW will produce the following specific deliverables and/or objectives ("Deliverables"). Costs contained In thia SOW were created based on these Deliverables and objectives only. Tasks, deliverables and responsibilities not explicitly addressed within this SOW are beyond its scope and can only be provided pursuant to the change process described herein or pursuant to a separate SOW as mutually agreed to by both parties. Except as explicitly set forth in this SOW, Sirius shall have no obligation to provide maintenance or support services for Deliverables or to modify or remedlate Oelivsrables in any manner following Customer's acceptance thereof.

Page1 of5

Statement of Work- Work Authorization Agreement

~SIRIUS

ASSUMPTIONS

Sirius has created this SOW under the following assumptions. If one or more of these assumptions proves to be invalid, costs and other project factors may be Impacted.

1. Where appropriate, knowledgeable resources will be made available for functional questions and making business decisions. It is also expected that Customer staff will participate throughout the implementation.

2. Unless olherv.rise agreed, Sirius reserves the right to subcontract any or all portions of the Services contemplated pre­approved by Customer.

3. Performance of the Services defined by this SOW are not subject to any provisions of the laws, acts, or regulations listed below and shall not require Sirius to create, receive, use, disclose, or in any way lake control or possession of any information Identified In such laws, acts or regulations:

a_ Personal Information as defined by 201 Code of Massachusetts Regulation 17.00 (or any similarly defined information under an applicable state law);

b. Nonpublic Personal information as defined by the Gramm-Leach-Biiley Act; c. Personally Identifiable Information as defined by the Family Educational Rights and Privacy Act; d. Cardholder Data as defined by Payment Card Industry (PCI) Data Security Standards; or e. Protected Health Information, Electronic Protected Health Information, or Individually Identifiable Health

Information as defined by the Health Insurance Portability and Accountability Act and the Health Information Technology for Economic and Clinical Health Act.

4. Sirius may deliver services at Customer location or a remote location. 5. If knowledge transfer is listed as a deliverable, it should be noted that such knowledge transfer is not a replacement

for classroom training but is intended to help the Customer gain a working knowledge of implementation details specific to their environment. Customer should consider attending training provided by the manufacturer.

6. The customer acknowledges that the specific Sirius resource they require may not be immediately available (on-site with another client, traveling, vacation, etc.), and may not re<:elve a response for up to 24 hours.

7. Availability of the Sirius resources is normally 8-5, Monday-Friday except holidays unless other arrangements have been made In advance.

a. On-site visits should be requested at least two weeks in advance.

SCHEDULE

Sirius and Customer will determine a schedule for work to be performed once execution of this SOW occurs. This schedule will include expected response times for both Sirius and the Customer to review and complete tasks. Sirius will use commercially reasonable efforts to timely complete the Services in accordance wlth the agreed upon schedule. Sirius will not be liable for any delays In performance related to Customer's failure to perform its obligations under this SOW or Customer's failure to make any facilities or equipment necessary for performance available to Sirius. In the event any delays In performance result in additional charges under this SOW, said charges will be agreed upon in a Change Request using the process detailed below.

Service Costs

The Services will be provided at the hourly rates listed below. Sirius will invoice weekly for actual hours expended unless otherwise specified. SOW will expire two (2) years from signature date.

"For purposes of this SOW, holidays shall be defined as those observed by Sirius.

Travel Costs

Customer will be charged for reasonable and actual out-of-pocket travel and living expenses. Upon request, Sirius wlll provide receipts for individual line Item expenses valued at $35.00 or greater.

Page2of5

Statement of Work- Work Authorization Agreement

~SIRIUS

SERVICES COORDINATION

Customer designates the following authorized representative assigned to serve as the primary point of contact for communication, issue escalation, contract administration, project scope change administration, and acceptance of Deliverables and/or Services as set forth herein.

SITE OF PERFORMANCE

Performance of the Ssrvicas may be at the followi~ Customer tocation(s) or may be performed from a remote location on the system located at the address listed below:

CHANGE REQUESTS

From time to lime Customer may request, or Sirius may propose, that Sirius implement a change to the Services reflected in this SOW including, without limitation, (a) a change to the scope of Services, or (b) a change In the prioritization or manner in which Sitius is performing the Services (each, a "Change"). In the event of the occurrence of a mutually agreed Change, Sirius shall prepare and provide to Customer a proposed change order. Sirius shaH include in the proposed change order the effect, it any, the Change will have on Sirius' schedule of delivery of the Services, and if there will be any effect on the estimated cost or other Customer payments. Sirius shall not be responsible or liable for any delays, costs or damages resulting from Customer's rejection of, or delay In approving, a proposed change order relating to a Change. In the event the authorized representative of Customer requests that Sirius perform work without a mutually agreed upon change order, Customer shall compensate Sirius for the additional fees and expenses incurred by Sirius related thereto. In the event the Customer desires to retain Sirius for additional services outside the scope of the Services to be provided hereunder, Customer and Sirius agrees to execute and deliver such additional statements of work to evidence the additional services to be provided by Sirius.

NO SOLICITATION

Upon Customer's signature of this SOW and for a period of one year following completion. expiration or termination of this SOW, neither party will, directly or indirectly, solicit to employ or employ any of the current employees or independent contractors of the other party (or subcontractors or Independent contractors) who are involved In the performance of Services under lhis SOW, without obtaining the prior written consent of such party. Notwithstanding the foregoing, solicitation of a party's current employees, subcontractors or independent contractors who are not involved in the performance of Services under this SOW by means of a general media solicitation or trade publication or advertisemoot shall not constitute a breach of this provision. This provision will survive the completion, expiration, or termination of this SOW and/or the Agreement

Page 3 of5

Statement of Work- Work Authorization Agreement

~SIRIUS INTELLECTUAL PROPERTY

Upon full payment of all amounts due Sirius under this SOW and the Agreement, Customer shall own all rights, title, and interest in and to the Deliverables and all changes, modification or improvements related thereto, developed by Sirius under this SOW. Sirius hereby grants, sells, assigns, and conveys to Customer all rights of Sirius In and to the Dellverables and the tangible and Intangible property rights relating to or arising out of the Deliverables, including, without limitation, patent, copyright, trade secret, trademark, and other proprietary rights. Deliverables shall not include, and lhe transfer of any rights hereunder shall not apply to, Background Technology (as hereinafter defined) or any software, materials or other technology which is owned or controlled by a third party ("Third Party Technology").

"Background Technology" means all processes, tools, works of authorship, programs, data, utilities or other intellectual property, in whatever form, that Sirius prepared or had prepared outside the scope of the Services provided hereunder and are Included in, or necessary to, the Deliverable. Sirius Background Technology, working papers, scripts, proprietary methodology and confidential information belong exclusively to Sirius, including to the extent included in the Deliverable. Customer is granted a nonexclusive license to use Sirius Background Technology or Third-Party Technology for the limited purpose of implementing the Deliverable for Customer's internal purposes.

ACCEPTANCE & AUTHORIZATION

This SOW expires If not signed by Customer and returned to Sirius (as set forth below) within thirty (30) days of November 7, 2018. However, this SOW shall not be binding or effective until countersigned by Sirius. Once fully executed by both parties, this SOW shall continue in effect for two (2) years from the latest signature date unless terminated earller by either party upon thirty (30) days prior written notice. This SOW may be renewed for initial, successive two {2) year terms upon the written mutual agreement of the parties. Please indicate your acceptance of this SOW by signing below and returning to:

Services Operations Team by email to klm.loftand@siriuscom.com. Please note, all pagas of SOW are required

By: SHAWNEE COUNTY

Si(mature:

Name:

Title:

PO# (if applicable)

Date:

Page4of5

Approved as to Legality and Form: Date /I· 11 ~1'{

~ell ASST. CO. COUNS LOR

BY: SIRIUS COMPUTER SOLUTIONS INC.

Siqnalure:

Name:

Title:

SOW Number: SOW-004585 V3

Date:

Statement of Work- Work Authorization Agreement

~SIRIUS EXHIBIT A

SCOPE OF SERVICES

This is an open work authorization, intended to be used for general services and support. This agreement does not specify nor allude to any Service Level agreement. This SOW covers a wide range of Sirius Infrastructure services, (the "Services•) including but not limited to the installation, configuration, and support of:

1. Networking, including Switches, Routers and associated network architectures 2. IBM Power (i/p) Servers, including installation, configuration and softwarelffrmware upgrades 3. IBM System z Servers, including installation, configuration and software/firmware upgrades 4. Intel (x86) Servers, including installation, configuration and software/firmware upgrades 5. Storage Arrays, Including installation, configuration and software/firmware upgrades 6. SAN Switches and Directors, including installation, configuration and software/firmware upgrades 7. Virtualization Services B. Microsoft Infrastructure Services 9. Software Services 10. Security, including assessments, configuration and compliance 11. Backup and Recovery/High Availability 12. General Skills Transfer!Tralning 13. General Consulting, including health checks, performance tuning, and virtualization services 14. System administration 15. Project Management

Services requiring Jess than three (3) business days (24-hours) do not require a signed Task List. Services that require more than three (3} business days (24-hours) will be delivered using a signed Task List to detail services scope and estimated hours, when applicable. On certain occasions the above services may require negotiation of a separate Statement of Work with specified deliverables.

Page 5 of5 Sirius Proprielary and Confidential

--p Shawnee County 0\.._

Information Technology Room 205, Courthouse

200 SE 7th Streel TopeMI, Kansas 66603-3933

Memorandum

DATE: November 28, 2018

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Authorization to negotiate a contract for the purchase of a HyperConverged Infrastructure platform from SHI International Corp.

After reviewing three vendor submissions in response to RFP 067-18, the Information Technology department is requesting approval to negotiate a contract for the purchase of a HyperConverged lnfrastucture computing platform from SHIInternational Corporation. The submission from SHllnternatlonal provided the best value in terms of pricing and features that were being sought in the RFP.

CPO/mro

fnx 7/f!i-2.91-«907 phone 785-2.13-8200 exl qogo

0 Public Health Pr~vo~l. Pro.nulc. Prulccl.

Sb.w=e Couaty Health Departme11ot

November 27,2018

TO:

FROM:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Director 'ofpo

Shawnee County Health Department £:. Linda K. Ochs, Director J

2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I fax 785.251.5696 WNw.shawneehealth.om

RE: Amendment to Contract C73-2014 Aetna Better Health, flk/a Coventry Health Care

Action Requested: Approval and request for signature on the Amendment to Contract C73-2014 Aetna Better Health, flk/a Coventry Health Care.

Aetna Better Health has been awarded the contract with the Kansas Department of Health and Environment to provide specified services and goods to covered beneficiaries under the KanCare program. Shawnee County Health Department (SCHD) is currently contracted with Aetna for Commercial Insurance. The approval and signature on this amendment will allow us to provide services for KanCare/Medicaid clients.

LKO/klw Attachment C: Betty Greiner. Director of Administrative Services

Edith Gaines, SCHD Finance Officer

Leading the Way to a Healthier Shawnee County

KANSAS MEDICAID PRODUCT ATTACHMENT

This Kansas Medicaid Product Attachment shall become a part of the part1c1pating provider agreement (the Agreement") between the Provider, Facilily, Group, Hospital, Physician, IPA, Ancillary Provider, Nurse Practitioner, PHO, or other healthcare provider, as the case may be and as defined in said Agreement that such Provider has entered into with Aetna and/or Coventry, on behalf of themselves and all affiliates of Aetna Inc. ("Company").

This Kansas Medicaid Product Attachment contains the following sections. 1. Kansas Medicaid General Tenns and Conditions 2. Kansas Medicaid Program Participation Schedule 3. Kansas Medicaid Services and Compensation Schedule 4. Regulatory Compliance Addendum Governing Kansas Medicaid Services 5. Regulatory Compliance Addendum Governing Kansas Medicare-Medicaid Dual-Eligible Services

Koosas Med1caid Product Attachment l of22 v2018.o7_01

SHAWNEE COUNn KANSAS MEDICAID PRODUCT ATTACHMENT CONTRACT # C:fl5 -.,30{ <("

KANSAS MEDICAID GENERAL TERMS & CONDITIONS

For purposes of this Kansas Medicaid Product Attachment, the Provider, Facility, Group, Hospital, Physician, lPA, Ancillary Provider, Nurse Practitioner, PHO, or other healthcare provider, as the case may be and as defined in the participating provider agreement (the "Agreement") that such provider has entered into with Aetna and/or Coventry, on behalf of themselves and all affiliates of Aetna Inc. ("Company"), shall be referred to herein as "Provider."

I. Description. This Kansas Medicaid Product Attachment (which may be referred to as a "Product Addendum" in your particular contract) and its schedules and addenda are hereby incorporated into the Agreement, and shall govern Provider's provision of Covered Services to Members who are covered under any health-benefit plans, products, or programs set forth on the Kansas Medicaid Program Participation Schedule (which may be referred to as a "Product Participation Schedule" in your particular contract) attached hereto and incorporated herein (collectively, the "Kansas Medicaid Products").

2. Acknowledgements. Provider and Company each acknowledge that: (a) under the Agreement, Provider is currently a participating provider in one or more of the Kansas product'> or provider networks of Company (and/or their affiliates or predecessors); (b) the Kansas Medicaid Products are cWTently offered, underwritten, and/or administered by Aetna Better Health of Kansas Inc. ("Aetna Better Health"); (c) Aetrla Better Health is an affiliate of Company and thereby has access to Provider's services under the Agreement and this Kansas Medicaid Product Attachment; (d) Company has designated Provider's participation and enrollment in the provider network of the Kansas Medicaid Products, wilh Aetna Better Health being the applicable payer with respect thereto; and {e) the Kansas Medicaid Products arc a "Plan," "Product," and/or "Member Contract" as those tenns may be used and defined in the Agreement, and have been expressly included as selected products in the Product Participation Schedule, in the Product Participation and Signature Sheet, and/or in the Execution Sheet {as the case may be, depending on your particular contract) to the Agreement.

3. Provision or Covered Services. In addition to the provider network of any other Plans and/or Products (as those terms may be defined in the Agreement) in which Provider has previously agreed to participate, Provider shall participate in the provider network of the Kansas Medicaid Products and shall provide Covered Services, in accordance with the terms of the Agreement and this Kansas Medicaid Product Attachment, to Members who are covered under the Kansas Medicaid Products.

4. Program Requirements. Provider agrees to perform its obligations under the Agreement and this Kansas Medicaid Product Attachment in accordance with the terms and conditions set forth herein and in all attachments thereto, including without limitation the Regulatory Compliance A~dendum Governing Kansas Medicaid Services {which may be referred to as a "State Compliance Addendum" in your particular contract) that is attached hereto and incorporated herein.

5. Payment. Subject to the terms of the Agreement and this Kansas Medicaid Product Attachment, Aetna Better Health, a~ the applicable payer with respect to the Kansas Medicaid Products, shall compensate Provider for Covered Services rendered to Members who are covered under the Kansas Medicaid Products according to the terms set forth in the Services and Compensation Schedule (which may be referred to as a "Services and Rate Schedule" in your particular contract) that is attached hereto and incorporated herein. The attached Services and Compensatiun Schedule shall apply to all claims that Provider submits for Covered Services rendered to Members who arc covered under the Kansas Medicaid Products and, with respect to such claims and Covered Services, shall supersede any other rates set forth in the Agreement. The compensation rate set forth in the attached Services and Compensation Schedule shall not be applied to any claims that Provider submits for Covered Services rendered to Memben> who are covered under any product or plan offered by Company (and/or their aftlliates) orher rhan the Kansas Medicaid Products.

6. Assignment ~nd Termination. The Kansas Medicaid Product Attachment, being intended to secure the services of and be personal to Provider, shall not be assigned or transferred by Provider without the prior written consent of Company. Company may assign this Kansas Medicaid Product Attachment without the consent of Provider to any Company affiliate or any other entity upon thirty (30) days' prior written notice. Any assignment by Company of this Kansas Medicaid Product Attachment will have no effect on any other Product Addendum, Product Participation, Product Attachment, or Regulatory Compliance Addendum (as the

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KANSAS MEDICAID PRODUCT ATIACHMENT

case may be, depending on your particular contract) that is a part of the Agreement. Likewise, if this Kansas Medicaid Product Attachment is terminated, such termination shaH not constitute termination of any other Product Addendum, Product Participation, Product Attachment, or Regulatory Compliance Addendum (as the case may be, depending on your particular contract) that is a part of the Agreement.

7. Notice. For purposes of any notice provision in the Agreement, the address of Aetna Better Health noted immediately below shall be an additional address to which Provider must send all required or permitted notices under the Agreement:

Affiliate Name Address City State Zip

Aetna Better Health of Kansas 9401 Indian Creek Overland Park KWisas 66210 Inc. Parkway, Ste 1300

With copy to; 4500 E Cotton Center Phoenix AZ 85040

Aetna Better Health of Kansas BLVD

ATTN: Legal Counsel ~--

Furthermore, Aetna Better llealth is hereby expressly added to any "Affiliate List" or analogous list in the Agreement that sets forth the Company affiliates that have access to Provider's services under the Agreement.

8. Authority and Liability Regarding Aetna Better Health. Company represents and warrants that Aetna Better Health has duly authorized it (a) to incorponte this Kansas Medicaid Product Attachment into the Agreement on Aetna Better Health's behalf, and (b) to bind Aetna Better Health to the tenus and provisions of the Agreement, as modified by this Kansas Medicaid Product Attachment. Provider acknowledges that Aetna Better Health's duties, obligations, and liabilities under the Agreement shall be strictly limited to the services that Provider renders to Members who arc eligible and covered by Company under rhe Kansas Medicaid Products.

9. New/Revised Definitions in the Agreement Applicable Only to Kansas Medicaid Products. The following definitions shall be applicable only to the Kansas Medicaid Products and the relevant parties' obligations with respect thereto; these definitions are hereby added to the Agreement and, in the case of a conflict with any existing language therein, shall govern and control with respect to the Kansas Medicaid Products and such related obligations:

a. Clean Claim. A claim that can be processed without obtaining additional information from the Provider who provided the service or from a third party, except that it shall not mean a claim submitted by or on behalf of a Provider who is under investigation for fraud or abuse, or a claim that is under review for medical necessity; provided, further, unless otherwise rCL[uired by law or regulation, a claim that (a) is submitted within the proper timeframt: as set forth in this Agreement and (b) has (i) detailed and descriptive medical and patient data, (ii} a corresponding referral (whether in paper or electronic format), if required for the applicable claim, (iii) whether submitted via an electronic transaction using permitted standard code sets (e.g., CPT -4, ICD-9, ICD-10, HCPCS, or their successors) as required by the applicable Federal or state regulatory authority (e.g., U.S. Dept. of Health & Human Services, U.S. Dept. oF Labor, state law or regulation) or otherwise, all the data clements of the UB-04 or CMS-1500 (or successor standard) forms (including but not limited to Member identification number, national provider identifier ("N~"), date(s) of service, complete and accurate breakdown of services), and (c) does not involve coordination of benefits, and (d) has no defect or error {including any new procedures with no CPT code, experimental procedures or other circumstances not contemplated at the time of execution of this Agreement) that prevents timely adjudication.

b. Covered Services. Those health care services for which a Member is entitled to receive coverage under the tenns and conditions of a Plan or Product. The Parties agree that Company is obligated to pay for only those Covered Services that are detennined to be Medically Necessary, as determined in accordance with the Member's applicable Plan or Product.

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c. Government Programs. Plans or Products operated and/or administered by Company pursuant to a State contract.

d. Government Sponsor. A state agency or other governmental entity authorized to offer, issue, and/or administer one or more Plans or Products, and which, to the extent applicable, has contracted with Company to administer all or a portion of such Plan(s).

e. State Contract. Company's contract(s) with Government Sponsors to administer Plans, Products, or Government Programs identified in the Program Participation Schedule.

10. New/Revised Provisions in the Agreement Applicable Only to Kansas Medicaid Products. The following provisions shall be applicable only to the Kansas Medicaid Products and the relevant parties' obligations with respect thereto; these provisions are hereby added to the Agreement and, in the case of a conflict with any existing language therein, shall govern and control with respect to the Kansas Medicaid Products and such related obligations:

a. Policies. The tenn "Policies" (which may be referred to as "Programs & Procedures" or "policies and procedures" in your particular contract) shall include, in addition to the other enumerated examples set forth in the Agreement, any applicable participation criteria required by the State of Kansas in connection with the Government Programs, along with any applicable policies and procedures set forth in the Government Sponsor's manuals (as modified from time to time). Furthermore, notwithstanding anything to the contrary in the Agreement, Company may modify the Policies at its discretion to comply with applicable law or regulation, or any order or directive of any governmental agency, without the consent of Provider, and the Policies shall be deemed to be automatically amended to conform with all laws and regulations promulg!lted at any time by any state or federal regulatory agency or authority having supervisory authority over the Kansas Medicaid Product Attachment.

b. Federal Law. In addition to the other federal laws, regulations, and legal mandates applicable to recipients of federal funds and/or transactions, Provider agrees to comply with the following, as amended from time to time: Title XIX of the federal Social Security Act, 42 U.S.C. § 13% et seq., and regulations promulgated thereunder, and Title IX of the Education Amendments of 1972 (regarding education programs and activities).

c. Provider Representations. In addition to Provider's other representations set forth in the Agreement, Provider furthermore represents, warrants, and covenants (as applicable) that Provider is, and will remain throughout the term of the Kansas Medicaid Product Attachment: (i) in compliance with all applicable statutes and regulations related to fraud, abuse, discrimination, disabilities, confidentiality, false claims, and prohibition of kickbacks; and (ii) certified to participate in the Medicaid and Medicare programs, with such certification/participation applicable to all Covered Services.

d. Government Program Representations. In addition to Provider's other acknowledgements and representations set forth in the Agreement, Provider agrees as follows: Company has or shall seek State Contrt~cts to serve beneficiaries of Government Programs. To the extent Company participates in such Government Programs, Provider agrees, on behalf of itself and any subcontractors of Provider acting on behalf of Provider, to be bound by all rules and regulations of, and all requirements applicable to, such Government Programs. Provider acknowledges and agrees that all provisions of the Kansas Medicaid Product Attachment shall apply equally to any employees, independent contractors, and subcontractors of Provider who provide or may provide Covered Services to Members of Government Pi-ograms, and Provider represent.<: and warrants that Provider shall cause such employees, independent contractors, and subcontractors to comply with the Kansas Medicaid Product Attachment, the State Contract, and all applicable laws, rules, and regulations and perform all requirements applicable to Government Programs. Any such subcontract or delegation shall be subject to prior written approval by Company. With respect to Members of Government Programs, Provider acknowledges that compensation under the Kansas Medicaid Product Attachment for such Members constitutes receipt of 1-'ederal funds. Provider agrees that all services and other activities performed by Provider Under the Kansas Medicaid Product Attachment

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will be consistent and comply with the obli&ations of Company and/or Government Sponsor under its contract(s) with the Centers for Medicare and Medicaid Services ("CMS"), and/or with any applicable state regulatory agency, to offer Government Programs. Provider further agrees to allow Government Sponsor, CMS, any applicable state regulatory agency, and Company to monitor Provider's performance under the Kansas Medicaid Product Attachment on an ongoing basis in accordance with Medicare/Medicaid laws, rules, and regulations. Provider acknowledges and agrees that Company may only delegate its activities and responsibilities under the State Contract or any Company contract(s) with Government Sponsor, CMS, or any applicable regulatory agency, to otter Government Programs in a manner consistent with applicable laws, rules, and regulations, and that if any such activity or responsibility is delegated by Company to Provider, the activity or responsibility may be revoked if Government Sponsor, CMS, or Company determine that Provider has not performed satisfactorily. Upon request, Provider shall immediately provide to Company any information that is required by Company to meet its reporting obligations to CMS and/or any applicable regulatory agency, including without limitation, physician incentive pian intOrmation, if applicable. To the extent that Provider generates and/or compiles and provides any data to Company that Company, in tum, submits to CMS and/or any applicable regulatory agency, Provider certifies, to the best of its knowledge and tie lief, that such data is accurate, complete, and truthfuL

e. Government Program Requirements. In addition to Provider's other obligations set forth in the Agreement, Provider, on behalf of itself and each employee, independent contractor, and/or subcontractor thereof, hereby agrees to pertOnn its obligations under the Kansas Medicaid Product Attachment in accordance with the tenns and conditions set forth in the Regulatory Compliance Addendum Governing Kansas Meditaid Servites.

f. Government Approvals. In addition to the other acknowledgements set forth in the Agreement: The relevant parties acknowledge that one or more Government Sponsors or other governmental authorities may recommend or require that various Company agreements, including the Kansas Medicaid Product Attachment, be entered into prior to the issuance to Company of one or more approvals, consents, licenses, pennissions, bid awards, or other authorizations from governmental authorities with jurisdiction over the subject mauer of the Kansas Medicaid Product Attachment, or which Company deems to be necessary or desirable in its sole discretion (collectively, the "Government Approvals"). Pro'lider agrees that all Company obligations to perfonn, and all rights of Provider, under the Kansas Medicaid Product Attachment are expressly conditioned upon the n:ccipt of all Government Approvals. Failure of Company to obtain any Government Approvals shall impose no liability on Company under the Kansas Medicaid Product Attachment.

g. Provider Obligation to Submit Claims. Provider agrees to submit Clean Claims to Company for Provider Services rendered to Members. Provider agrees to submit claim and encounter data related to a Member enrolled in a Government Program in the furm and manner as specified by Company, and Provider certifies that any such data is accurate, complete, and truthful. Provider represents that, where necessary, it has obtained signed assignments of benefits authorizing payment for Provider Services to be made directly to Provider. Provider will make best commercial efforts to submit a minimum of eighty-five percent (85%) of its Member claims electronically to Company. For claims Provider submits electronically, Provider shall not submit a claim to Company in paper fonn unless Company requests paper submissions or faits to pay or otherwise respond to electronic claims submission in accordance with the time frames required under the Kansas Medicaid Product Attachment or applicable law or regulation. Provider agrees that Company, or the applicable Government Sponsor, will not be obligated to make payments for billings received more than one hundred and twenty (120) days (or such other period required by applicable state law or regulation) from (a) the date of service or, (b) when Company is the secondary payer, from the date of receipt of the primary payer's explanation of benefits. Company may waive this requirement if Provider provides notice to Company, along with appropriate evidence, of other extraordinary circumstances outside the control of Provider that resulted in the delayed submission. In addition, unless Provider notifies Company of its payment disputes within three hundred sixty (365) days, or such other time as required by applicable state law or regulation, of receipt of payment from Company, such payment will be considered full and final payment for the related claims. If Provider does not timely bill Company or Goverrunent Sponsors, or dispute any payment, timely as provided in this provision,

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Provider's claim for payment will be deemed waived and Provider will not seek payment from Government Sponsors, Company, or Members. Provider shall pay on a timely basis all Participating Providers, employees, independent contractors, and subcontractors who render Covered Services to Members of Company's Plans for which Provider is financially responsible pursuant to this Agreement.

Provider agrees to permit claim editing to the primary procedure those services considered part of, incidental to, or inclusive of the primary procedure and make other adjustments for inappropriate billing or coding (e.g., rebundling, duplicative procedures or claim submissions, mutually exclusive procedures, gender/procedure mismatches, age/procedure mismatches). To the extent Provider is billing on a CMS 1500, as of the effective date of the Kansas Medicaid Product Attachment, in performing adjustments for inappropriate billing or coding, Company utilizes a commercial software package (as modified by Company for all Participating Providers in the ordinary course of Company's business) which commercial software package relies upon Government Programs and other industry standards in the development of its rebundling logic.

In circumstances where the compensation under the Kansas Medicaid Product Attachment is intended to include the .services of Hospital-Based Physicians, Provider shall be financially responsible for payment to all Hospital-Based Physicians who render Covered Services to Members and such Hospital-Based Physicians shall look solely to Provider for payment. Notwithstanding, Company reserves the right to pay any Hospital-Based Physician for Covered Services for which Provider is financially responsible and for which a valid, undisput!.!d invoice, or portion thereuf, is outstanding for more than fourteen (14) days beyond its due dale, except that Company need not wait fourteen (14) days if Provider has engaged in a pattern of late payments in the past If Provider cannot resolve the claims submitted by the Hospital­Based Physicians, Company has the right to recoup other amounts owed in order to recover from Provider any money that Company has paid to the Hospital-Based Physicians.

Subject to applicable law: (i) Company may update internal payment systems in response to additions, deletions, and changes to Government Sponsor, CMS, or other industry source codes without obtaining any consent from Provider or any olhcr party, and Company will provide, at the written request of Provider, a copy of the fcc schedule in effect at the time of such request; (ii) Company shall not be responsible for communicating such routine changes of this nature, and will update any applicable payment schedules on a prospective basis within ninety (90) days from the date of publication or such longer period as Company detennines appropriate in its sole discretion; and (iii) Company shall have no obligation to retroactively adjust claims.

h. Comoanv Obhgat1on to Pav for Covered Services Company shall make payments to Provider for Covered Services on a timely basis consistent with the claims payment procedure described at42 U.S. C. § 1396a(a)(37)(A). Company agrees to pay Provider for non-capitated Covered Services rendered to Members according to the lesser of (i) Provider's actual billed charges or (ii) the rates set forth in the Services and Compensation Schedule, attached hereto and made a part hereof. Company must pay ninety percent (90%) of all such Clean Claims from Provider within thirty (30) days following actual receipt; provided, further, Company must pay ninety-nine percent (99%) of all Clean Claims from Provider within ninety (90) days following actual receipt. Provider will make best commercial efforts to utilize online explanation of benefits or electronic remittance of advice (or combination thereof) and electronic funds transfer in lieu of receiving paper equivalents to the extent such services are available from Company. Company reserves the right to recoup any overpayment or payment made in error (e.g., a duplicate payment or payment for services rendered by Provider to a patient who was not a Member and amounts identified through routine investigative reviews of records or audits) against any other monies due to Provider under the Kansas Medicaid Product Attachment.

In the event that Provider identifies any overpayments made by Company, Provider shall, as required under Section 6402(a) of the Patient Protection and Affordable Care Act, report and return any and all such overpayments to Company within sixty (60) days of Provider's identification of any and all such overpayments. In addition, when reporting and returning any such overpayments by Company, Provider must provide Company with a written re!l!lon for the overpayment (e.g., excess payment under coordination of benefits, etc.).

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To the extent, if any, that the compensation under certain Plans is in the form of capitation payments or a case-based rate methodology, Provider acknowledges the financial risks to Provider of this arrangement and has made an independent analysis of the adequacy of this arrangement. Provider, therefore, agrees and covenants not to bring any action asserting the inadequacy of these arrangements or that Provider was in any way improperly induced by Company to accept the rate of payment, including, but not limited to, causes of actions for damages, rescission, or termination alleging fraud or negligent misrepresentation or improper inducement.

Company agrees that a Provider representative will be assigned to service the Shawnee County Health Department

Complaints or disputes concerning payments for the provision of services as described in the Kansas Medicaid Product Attachment shall be subject to the Company's grievance-resolution system.

i. Eligibility Determinations. In addition to Company's other recovery rights set forth in the Agreement, Company shall have the right to recover payments made to Provider if the payments arc for services provided to an individual who is later determined to have been ineligible based upon information that is not available to Company at the time the service is rendered or authorization is provided.

j. Coordination of Benefits. Except as otherwise required under applicable Federal, state law or regulation or a Plan, when Company or a Government Sponsor is secondary payer under applicable coordination-of­benefit principles, and payment from the primary payer is less than the compensation payable under the Kansas Medicaid Product Attachment without coordination of benefits, then Company or Government Sponsor will pay Provider the lesser of (i) the copayment, coinsurance and deductible amount for the Covered Services as reported on the explanation of benefits of the primary payer, ur (ii) the amount of the difference between the amount paid by the primary payer and the compensation payable under the Kansas Medicaid Product Attachment, absent other sources of payment. Notwithstanding any other provision of this paragraph, if payment from the primary payer is greater than or equal to the compensation payable under the Kansas Medicaid Product Attachment without coordination of benefits, neither Company, GovLTIJmt.'Ill Sponsor, nor the applicable Member shall have any obligation to Provider. Notwithstanding anything to the contn1ry in this section, in no event shall Provider collect more than Medicare allows if Medicare is the primary payer. Provider acknowledges that Medicaid is never the primary payer_

k. Pennitted Billing of Members. Provider may bill or charge Members only in the following circumstances: (a) applicable Copayments, Coinsurance, and/or Deductibles, if any, not collected at the time that Covered Services are rendered; and (b) for services that are not Covered Services only if: (i) the Member's Plan provides and/or Company confirms that the specific services are not covered; (ii) the Member was advised in writing prior to the services being rendered that the specific services may not be Covered Services; and (iii) the Member agreed in writing to pay for such services after being so advised. Provider acknowledges that Company's denial or adjustment of payment to Provider based on Company's perfonnance of utilization management is not a denial of Covered Services under this Agreement or under the terms of a Plan, except if Company confirms otherwise. Provider may bill or charge individuals who were not Members at the time that services were rendered. To protect Members, Provider agrees not to seek, accept, or rely upon waivers or the Member protections provided by the Kansas Medicaid Product Attachment.

I. Notices and Reporting. In addition to Provider's other notice and reporting obligations set forth in the Agreement, Provider will report the occurrence of and waive all charges related to those conditions specified under Section 500J(c) of the Deficit Reduction Act, Section 2702 o[the Affordable Care Act, and any related or similar federal or state regulation, in accordance with the terms thereof.

m. Immediate Tenninatiun or Susru;psion. In addition to the other bases for immediate termination set forth in the Agreement, the Kansas Medicaid Producl Attachment may be terminated by either party, upon notice to the other party, if the State Contract expires, is withdrawn or terminated.

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n. Obligations Following Tennination. In addition to. the parties' other post-termin<~tion oblig<~tions set forth in the Agreement, the parties agree that, upon termination or non-renewal of the Agreement or the Kansas Medicaid Product Attachment for any reason other than occurrence of an event resulting in the immediate termination or suspension thereof, Provider shall remain obligated at Company's request to provide services, as applicable: (a) to a pregnant Member in the third trimester of pregnancy, throughout the term of the Member's pregnancy; (b) to any Member who is an inpatient at a hospital <Is of the effective date of termination until such Member's discharge or Company's orderly transition of such Member's care to another provider; and/or (c) as otherwise required by applicable Jaws, government authorities, or Government Sponsor directives. The terms of the Kansas Medicaid Product Attachment, including the Services and Compensation Schedule hereto, shall apply to any such services.

o. Use of Name. In addition to Provider's other consents to the use of its name and other identifYing and descriptive material as set forth in the Agreement, Provider furthennore consents to Company's use thereof in connection with bi~, proposals, and license or state contract applications.

p. Confidentialitv. In addition to the other confidentiality provisions set forth in the Agreement, the parties agree that the terms and conditions of the Kansas Medicaid Product Attachment, except as otherwise specified, are and shall remain confidential, and shall not be disclosed by either party without express written consent of the other party or as required by law, by governmental authorities, or by express order by a court havingjw-isdiction over the party from whom disclosure is sought.

q. Referrals. In addition to the other Policies with which Provider must comply as set forth in the Agreement, to the extent required by the terms of the applicable Plan, Provider shall refer or admit Members only to participating providers for Covered Services, and shall furnish such participating providers with complete infonnation on treatment procedures and diagnostic tests performed prior to such referral or admission. In addition, to the extent possible, Provider sh<~ll refer Members with out-of­network benefits, if any, to participating providers. Provider shall be liable for any expenses resulting from a referral to a non-participating provider that Company did not pre-certify in advance, as pennitted by applicable law.

II. Other Terms and Conditions. All capitalized terms not otherwise defined in this Kamas Medicaid Product Attachment shall have the respective meanings set forth in the Agreement. Except as otherwise modified or amended herein, all terms and conditions in the Agreement shall be incorporated into this Kansas Medicaid Product Attachment and shall remain in fut\ force and eff~:cl. In the event of any conflict between the terms of this Kansas Medicaid Product Attachment, on the one hand, and any of the other terms of the Agreement, on the ulhcr hand, including any other attachments, schedules, exhibits, and/or addenda made part of the Agreement, the terms of this Kansas Medicaid Product Attachment shall govern and control with respect to the provision of Covered Services to Members who arc eligible and covered by Company under the Kansas Medicaid Products.

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KANSAS MEDICAID PROGRAM PARTICIPATION SCHEDULE

Provider agrees to participate in the plans, products, and/or other health benefit programs listed herein:

Km~sas Medicaid Products: I. All plans or products offered by Aetna Better Health of Kansas Inc., or its affiliates, under an Agreement with

the State of Kansas, Kansas Department of Health & Environment ("KDHE"), Kansas Department for Aging and Disability Services (KDADS) or any successor of any named agency, that involve programs offered pursuant to Title XIX or XXI of the federal Social Security Act and a State Plan Amendment. The Parties recognize that State Medicaid programs may undergo various transformations. This Amendment will be liberally construed to include Provider as a network provider in the Medicaid or CHIP products (or their successors).

2. Those Medicare Plans for Medicaid enrollees offered by Aetna Better Health of Kansas Inc., or its affiliates, within the Slate of Kansas, including Medicare D-SNP and integrated Medicare-Medicaid Plans.

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KANSAS MEDICAID SERVICES AND COMPENSATION SCHEDULE

1.0 COMPENSATION

Medicaid, CHIP, MLTSS Plans or Products: Aetna Medicaid Market Fee Schedule

Medicare Plans: Medicare Allowable Rate

2.0 SERVICES

In accordance with the terms of the Agreement and this Kansas Medicaid Product Attachment, Provider will be reimbursed for Covered Services that are rendered to Members covered under the Kansas Medicaid Products and that are within the scope of and appropriate to the Provider's license and certification to practice.

3.0 GENERAL COMPENSATION TERMS AND CONDITIONS

Definitions

"Aetna Medicaid Market Fcc Schedule (A~MFS)" - A fee schedule that is based upon the contracted location where service is performed and the State of Kansas's Medicaid Fcc Schedule.

General

A. Member Cost Share. Rates are inclusive of any applicable Member Copayment, Coinsurance, or Deductible.

B. Billing. When billing, Provider must designate applicable codes related to those Covered Services provided by Provider under the terms of the Agreement and this Kansas Medicaid Product Attachment.

C. Coding. Company uses nationally recognized coding structures including, but not limited to, Revenue Codes as described by the Uniform Billing Code, AMA Current Procedural Terminology (CPT4), CMS Common Procedure Coding System (HCPCS), Diagnosis Related Groups (DRG), ICD-10 (or successor standard) Diagnosis and Procedure codes, and National Drug Codes (NDC). As changes are made to nationally-recognized codes, Company will update internal systems to accommodate new codes. Such changes will only be made when there is no material change in the procedure itself. Until updates are complete, the procedure will be paid according to the standards and coding set. for the prior period. Company will comply and utilize nationally recognized coding structures as directed under applicable Federal laws and regulations, including, without limitation, the Health Insurance Portability and Accountability Act (HIPAA).

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Regulatory Compliance Addendum Governing Kansas Medicaid

Aetna Better Health of Kansas Inc. (''Company" or "MCO") has contracted with the Kansas Department of Health and Environment ("KDHE~DHCF' or "State Agency" or "Government Sponsor'') to provide Medicaid managed care services to Members as part of the KanCare program ("KanCare"). The provisions of this Addendum are required by the State Contract, state or federal law for all Providers and/or Subcontractors. While every attempt is made to include all requirements herein, the State Contract shall control and this Addendum should not be con~idered exhaustive of all State Contract requirements. [Stale Contract § 1.21 J

For purposes of this Addendum, "Provider" means the health care provider, group, facility, hospital, delegated entity, including any supplier, vendor, subcontractor, individual or entity contracted with Company (as identified on the first page of the Agreement) and engag(,'!d in the delivery of Covered Services, or ordering or referring for those Covered Services, and is legally authorized to do so by the State in which it delivers the Covered Services under the State Contract. For purposes of this Addendum, ''Subcontractor" means the individual or entity with a Subcontract with Company (as identified on the first page of the Agreement) that relates directly or indirectly to the performance of the Company's obligations under the State Contract. For purposes of this Addendum, "Subcontract" means the WTitten Agreement between the Company and Subcontractor. Capitalized tenns used and not otherwise defined in this Addendum shall have the meanings set forth in the Agreement or, if not defined in the Agreement, as defined in the State Contract or under Kansas law. Pertinent information regarding the KanCare program, RFP and contracts with MCOs can be found on the Medicaid page of the KDHE website at: httr.:J/www.kancare.ks.gov/ or Company's State Contract.

If there is any conflict bclween the terms of this Addendum and any terms of the Agreement, including any attachments, schedules, exhibits and/or addenda made part of the Agreement, the terms of this Addendum shall govern and control; provided, however, if there is any connict or ambiguity between any of the terms of the Agreement, including this Addendum and the State Contract, then the terms of the State Contract shall govern and control. If any requirement in the Agreement or this Addendum is determined by KDHE to conflict with the State Contract, such requirement shall be null and void, and all other provisions shall remain in full force and effect.

Each provision cuntained herein shall apply to Provider and/or Subr:ontractor only to the extent applicable to the sen ices rendered by Provider and/ur Subcuntractor pursuant to the Agreement.

I. Subcontractor shall warrant that all persons it assigns to the performance of the Agreement shall be employees of Subcontractor and shall be fully qualified to perform the work required. Failure of Subcontractor to provide qualified staffing at the level required by the State Contract specifications may result in tennination of the Agreement or damages. [See §1.20]

2. All terms, conditions and requirements of the State Contract shall apply without qualification Lo any services performed or goods provided under the Agreement. (See § 1.21]

3. Subcontractor, and all lower tiered subcontractors under Subcontractor, shall properly classify workers as employees rather than independent contractors and treat them accordingly for purposes of workers' compensation insurance coverage, unemployment taxes, social security taxes, and income lax withholding. Failure to do so may result in termination of the Agreement. [See §l.23]

4. Subcontractor shall comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status uf all individuals who were hired on or after November 6, 1986, by Company, Subcontractor as well as any subcontractor or sub~contractors. The usual method of verification is through the Employment Verification (1~9) fonn. Subcontractor hereby certifies without ('!Xception that it has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State's option, may subject the Agreement to termination for cause and any applicable damages. Unless provided otherwise herein, all Subcontractors and contractors are expected to be able to produce for Company or the State any documentation or other such evidence to verify Subcontractor's !RCA compliance with any provision, duty, certification, or like item under the State Contract. [See § 1.24 and Appendix B, #4]

Kansas Medicaid ?roduct Anachment 11 of22 11.2018.07.01

KANSAS MEDICAID PRODUCT ATTACHMENT

5. If, during the term of the Agreement, Subcontractor plans to move work previously performed in the United States to a location outside of the United States, Subcontnctor shall immediately notify Company who will notify KDHE in writing, indicating the desired new location, the nature of the work to be moved and the percentage of work that would be relocated. The State of Kansas, Director of Purchases, with the advice of the respective agency, must approve any changes prior to work being relocated. Failure to obtain Company's and the Director's approval may be grounds to terminate the Agreement for cause. [See §1.34]

6. Subcontracts shall (a) comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase ""equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and KS.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if Company or Subcontractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of the Agreement and/or State Contract, and the Agreement may be cancelled, terminated or suspended, in whole or in part, by Company, the contracting state agency or the Kansas Department of Administration; (f) if it is determined that Subcontractor has violated applicable provisions of ADA, such violation shall constitute a breach of the Agreement and the Agreement may be cancelled, terminated or suspended, in whole or in part, by Company, the contracting state agency or the Kansas Department of Administration. Subcontractor agrees to comply with all applicable state and federal anti·discrimination laws. [See §1.5ofDA-146a]

7. Subcontractor and any of its subcontractors shall certify to Company and the State, in accordance with section 1932(d)(l) of the SSA 42 CFR § 438.610, that they do not have any prohibited affiliations. [See §5.1.4.A.2]

8. Subcontractor shall provide its Busine~s Continuity/Disaster Recovel)' Plan and Security Management Plan to Company for state approval as defined and detailed in the State Contract. [See §5.1.4.1 & 5.1.4.2]

9. Each employee, including the employees of Subcontractor or any other person to whom Company or Subcontractor grants access to infurmation under the State Contract, shall sign a statement indicating he or she has been informed of, understands, and will abide by State and Federal laws, rules, statutes, guidelines, and regulations concerning confidentiality, privacy, and security. A system of sanctions for any employee, Subcontractor, officer, or director who violates the privacy and security policies shall be enforced. [See §5.1.4.2.C.l5J

I 0. Subcontractor shall submit the approved User Security Agreement (initial and annually) required of all of their subcontractors who will come into contact with any secure infonnation or data. [See §5.1.4.2.C.I6]

II. Subcontractor shall have procedures and processes for securing data access across organizational boundaries, through the internet and other leased lines, or shared with and between Company and Subcontractor facilities, and all onsite and offsite data storage facilities. [See §5.1.4.2.C.20]

12. Subcontractor shall engage a third party, of the State's choosing, to conduct thorough system penetration testing. Subcontractor will develop a Corrective Action Plan for all vulnerabilities discovered during the penetration testing. Subcontractor will conduct additional p~netration testing annually and report the results to the State. [See §5.1.4.2.C.21J

13. Provider, Subcontractor and subcontractors shaJI make all Service Coordination data, inclusive of Social Detenninants of Health and Independence, available to Company and the State upon request. [See §5.4.15.0]

Kansas Medicaid Product Attachment 12 of22 v.2018.07.0l

KANSAS MEDICAID PRODUCT ATTACHMENT

14. Home and Community Based Services ("HCBS") providers shall be credentialed and re-credentialed consistent with applicable Waiver Provider qualification requirements and credentialing standards identified by the State for HCBS Providers and verify HCBS Provider compliance with Federal settings requirements at 42 CFR § 441.301(c)(4). [See §5.5.1.F.3]

15. Provider and Subcontractor shall ensure that Members are provided Covered Services without regard to race, color, national origin, sex, sexual orientation, gender identity, age, or disability and will not use any policy or practice that has the effect of discriminating on the basis of race, color, national origin, sex, sexual orientation, gender identity, age, or disability. [See §5.5.4.A.3]

16. Provider and Subcontractor shall incorporate in its policies, administration, and service practice the values of (i) honoring Member's beliefs, (ii) sensitivity to cultural diversity, and (iii) fostering in Staff attitudes and interpersonal communication styles which respect Members' cultural backgrounds. [See §5S4.A.4]

17. Provider and Subcontractor shall not undertake any work that represents a potential conflict of interest, or which is not in the best interest of KDHE-DHCF or the State without written approval by KDHE-DHCF. Any work that involves LTSS or Behavioral Health Providers will need written approval from KDADS, [See §5.5.12.B]

18. The following provisions apply to any agreement wherein Company has delegated its responsibilities under the Agreement or State Contract. Provider or Subcontractor shall assist Company as necessary to successfully comply with each applicable requirement. [See §5.5.13]

A. Subcontractor agrees to perform the delegated activities and reporting responsibilities as specified in compliance with the State Contract. Subcontractors shall fully disclose all terms and conditions, including disclosure of all financial or other requested infonnation,

B. Subcontractor shall pay providers at no less than the State of Kansas FFS schedule. Subcontractors are to be compliant with changes to the fee schedule by the effective date of relevant fee schedules,

C. Subcontractor shall be subject to ongoing performance review and shall have a formal review at least annually or more frequently if requested by KDHE-DHCF. Any deficiencies shall be subject to a corrective action plan by Subcontractor. The results of the performance review Wld the corrective action plan shall be communicated to KDHE-DHCF upon completion.

D. Subcontractor shall inform KDHE-DHCF in writing if a subcontractor is noncompliant to the extent it would affect its ability to perform the duties and responsibilities of the Agreement or Subcontract.

E. Company may revoke the delegation activities or obligations or impose liquidating damages, in instances where KDHE-DHCF or Company determine that Subcontractor or a subcontractor has not performed satisfactorily.

F. Comply with 42 CFR § 438. IO(g)(2)(xi) about the Grievance and Appeal System. G. Each Subcontract, and, upon the request of the State, any further delegations by Subcontractor,

shall be subject to review and/or written approval by Company and the State.

19. The following are minimum Subc~mtract Requirements. [See §5.5.14] A. Subcontractor agrees to comply with all applicable Medicaid laws, State laws, policies, and

regulations, including applicable sub-regulatory guidance and State Contract provisions. R Any services described in the Agreement that directly serve the State of Kansas or its Members

and involve access to secure or sensitive data or personal Member data shall be performed within the defined territories of the United States.

C. Subcontractor shall adhere to the requirements regarding disclosure of Ownership and control and disclosure of information on persons convicted of crimes as outlined in 42 CFR § 438.610.

D. Subcontractors and providers ~hall report all suspected Fraud, Waste, or Abuse to KDHE-DHCF regardless of funding source.

E. A merger, reorganiz.ation or change in Ownership of Subcontractor shall require an amendment to the Agreement and prior approval ofKDHE-DHCF.

KWJSll!i Medic~id Product Att~chruent JJ of22 v.2018.07.0t

KANSAS MEDTCAlD PRODUCT ATTACHMENT

F. Subcontractor shall identify Medicare and other TPL coverage and to seek Medicare or TPL payment before submitting claims to Company.

G. Subcontractor shall safeguard confidential ioformatioo in accordance with Federal and State laws, regulations, policies, and HIPAA.

H. Subcontractor must retain, as applicable, Member Grievance and Appeal records, base data and audited financial reports, and data requested to support the Company's Medical Loss Ratio (MLR) reporting requirements.

I. Subcontractor shall comply with KDHE~DHCF and the Company's quality management programs, medical management programs, and shall comply with the utilization control and review procedures in confonnance with CMS rules and regulations and the KDHE-DHCF Quality Strategy.

I. KDHE-DHCF is responsible For enrollment, re-emollment and disenrollment of the covered population.

K. Subcontractor must comply with Encounter reporting and claims submission requirements as applicable to the Company.

L. Subcontractor shall develop and follow written policies and procedures for the processing of requests for initial and continuing authorization of services.

M. Compensation to individuals or entities that conduct UM and concurrent review activities is not structured so as to provide incentives for the individual or entity to deny, limit, or discontinue medically necessary services to any Member.

N. Subcontractor shall not arbitrarily deny or reduce the amount, duration, or scope of a required service solely because of the diagnosis, type of illness, or condition of the Member.

0. Subcontractor shall assist Members in understanding their right to file grievances and appeals in conformance with all KDHE-DHCF Grievance and Appeal System and Member rights policies.

P. Subcontractor agrees that the State, CMS, or their designees have the right to audit, evaluate, and inspect any books, records, contracts, computer, or other electronic systems of Subcontractor or Subcontractor's contractor(s) that pertain to any aspect of services and amounts payable under the State Contract. For purposes of an audit, evaluation, or inspection, Subcontractor shall make available its premises, physical Facilities, equipment, books, records, contracts, computer, or other electronic systems relating to Members at no cost.

Q. Company may suspend, deny, refuse to renew, or terminate any Subcontract in accordance with the terms of the State Contract and applicable law and regulation.

R. Subcontractor shall maintain a fully executed original or electronic copy of all Subcontracts, which shall be accessible to Company and KDHE-DHCF within five (5) business days of request.

20. Provider and Subcontractor shall report all suspected Fraud, Waste, or Abuse to KDHE-DI-ICF regardless of funding source. rsee §5.5.14.9]

21. Provider shall identity Provider Preventable Conditions as a condition of payment and comply with the prohibition against payment For Provider Preventable Conditions as set Forth in 42 CFR § 434.6(a)(l2) and 447.26. Provider shall report all Provider preventable conditions in a form and frequency as specified by Company and in accordance with KDHE-DHCF requirements. [See §5.5.\S.H]

22. Subcontractor shall be responsible for developing, hosting, and maintaining a public website. [See §5.6J.A]

23. If Provider or Subcontractor perfonns Customer Service pursuant to the Agreement, Subcontractor shall meet the following requirements. [See §5.6.5] I. I 00% oF incoming and outgoing calls must be documented and recorded. 2. 99% of calls will be answered by an individual or an electronic device without receiving a busy signal. 3. 80% of all calls will be answered in thirty (30) seconds or Jess. The average speed for answering calls

will be thirty (30) seconds or less. The average abandonment rate will be 4% or less. 4. 90% of calls answered will be resolved during the initial contact. 5. 100% of received phone calls are recorded and the recordings maintained. 6. 100% oF calls left on voice mail during or after working hours will be retrieved and renamed within

one (I) business day.

Ka11sas Me(jicaid Product Attachment 14 of22 v2018.CI7.Cit

KANSAS MEDICAID PRODUCT ATTACHMENT

7. 95% of all inquiries shall be resolved within two (2) business days of receipt 8. 98% of all inquiries shall be resolved within five (5) business days. 9. 100% of all inquiries shall be resolved within fifteen (15) business days. 10. 100% of all email inquiries will be answered within one(!) business day. 11. 90'.lfo quality monthly average for fully trained staff based upon the standards of the State approved

training plan. 12. 95% hold times equal to or less than one (l) minute for all inbound and outbound calls

24. If Subcontractor performs peer reviews, it will primarily utilize Kansas-licensed physicians, pharmacists and dentists to render any adverse determination regarding service requests. However, Subcontractor may utilize a non-Kansas licensed physician, pharmacist or dentist for such determinations on a short-term ba:.is in cases of temporary absence or business disruption so long as the use of this option is reported to Company and the State on a per- use basis; the non-Kansas licensed physician, pharmacist and dentist is of equal licensure as the person for whom he/she is substituting; the non-Kansas licensed physician, pharmacist and dentist is familiar with the KanCare program and has an existing relationship with Subcontractor; and the absence or disruption does not exceed ten (I 0) business days or as otherwise approved by Company and KDHE. If Subcontractor intends to utilize the short- term option, Subcontractor shall first provide Company and KDHE a description of how it will be structured and implemented. [See §5.8.1.1]

25. Utilization Management (UM) activities shall not be performed unless and until approved by the State. [See §5.8.1J]

26. Subcontractor and delegates shall comply with all requirements for State and Federal Monitoring found at 42 CFR § 438.230 and the following. [See §5.9.2]

A. Subcontractor shall cooperate with any State or Federal monitoring of its performance under the State Contract, which may include but is not limited to external quality reviews (EQR), operational reviews, performance audits, and evaluations.

B. Subcontractor must identify, collect and provide any data, medical records, or other information requested by the State or its authorized representative or the Federal agency or its authorized representative in the format or process specified by the State/Federal agency or its authorized representative. Subcontractor shall provide the requested data, medical records and other information at no charge and in the required timeframe to the State/Federal agency or its authorized representative.

C. If requested, Subcontractor shall provide, at no cost, an adequate workspace at Subcontractor's local offices for the State/Federal agency or its authorized representative to review requested data, medical records, or other information.

D. Federal law (Section 1902(a)(30)(C) of Title XIX of the SSA) requires entities which are external to and independent of the State and its contractors and subcontractors to perform, on an annual basis, a review of the quality of Medicaid MCS furnished by each such contractor or subcontractor. Requirements relating to the EQR are further defined and described under 42 CFR § 433 and 438 updated in the new managed care final rule. Subcontractor shall cooperate and participate in EQR activities in accordance with protocols identified under 42 CFR § 438, Subpart E. I. The external quality review organization ("EQRO") will conduct annual, external,

independent reviews of the quality Outcomes, timeliness of, and access to the services covered in the Agreement and State Contract.

2. Subcontractor shall collaborate with the EQRO to develop sntdies, surveys and other QAPI activities to access the quality of care and services provided to Members and to identify opportunities for Subcontractor improvement. Subcontractor must also work co\laboratively with the State and the EQRO to annually measure identified performance measures.

3. Subcontractor shall respond to recommendations made by the EQRO within the timeframe established by the EQRO. For the purposes of the Agreement and State Contract, these requirements shall apply to all Medicaid and CHIP managed care services.

4. Federal law (Section 1902(a) (30)(C) of Title XIX of the SSA) requires entities which are external to and independent of the State and its contractors and subcontractors to perform, on

Kansas Med1~a1d Produ~t Attachment 15of22 Y.2Ql8 07 OJ

KANSAS MEDICAID PRODUCT ATTACHMENT

an annuE~l basis, a review of the quality of MedicE~id managed CE!re services furnished by each such contractor and subcontrE~ctor.

27. Provider, Subcontractor and subcontractors shall maintain clinical E~nd medical records in a manner that is current, detailed and organized; and, which permits effective and confidential patient care and quality review, administrative, civil and/or criminal investigations and/or prosecutions. [See §5.9.12.A]

28. Subcontractors with responsibility for coverage of services and payment of claims must establish arrangements or procedures that include, at a minimum the elements required in 42 CFR § 438.608(a)(l). [See §5.12.LA]. Specifically; I. Written policies, procedures, and standards of conduct that articulate the Subcontractors' conunitment

to comply with all applicable requirements and standards under the State Contract, and all applicable Fedenl and State taws.

2. The designation of a compliance officer who is responsible for developing and implementing policies, procedures, and practices designed to ensure compliance with the requirements of the State Contract and who reports directly to the CEO and the board of directors.

3. The establishment of a regulatory compliance committee on the Board of Directors and at the senior management level charged with overseeing the Subcontractors' compliance program and its compliance with the requirements under the State Contract.

4. A system for training and education for the compliance officer, the Subcontractors' senior management, and the Subcontractors' employees for the Federal and State standards under the State Contract

5. Effective lines of communication bet>veen the compliance officer and the Subcontractors' employees. 6. Enforcement of standards through well-publicized disciplinal)' guidelines. 7. Establishment and implementation of procedures and a system with dedicated staff for routine internal

monitoring and auditing of compliance risks, prompt response to compliance issues as they are raised, iiwestigation of potential compliance problems as identified in the course of self-evaluation and audits, correction of such problems promptly and thoroughly (or coordination of suspected criminal acts with law enforcement agencies) to reduce the potential for recurrence, and ongoing compliance with the requirements under the State Contract.

29. Providers shall be enrolled with KDHE-DHCF as Medicaid Providers consistent with the Provider disclosure, screening Wld enrollment requirements of 42 CFR § Part 455, subparts Band E as incorporated in 42 CFR § 438.608(b) prior to executing a Provider agreement. [See §5.12.l.C]

30. The State, or any agent including the State's Fiscal Agent, has the right to review, audit, and recover from Providers. Subcontractors have a duty to cooperate with reviews and audits and must respond to State requests. [See §5.12.l.F]

31. Providers shall report overpayments and specify the reason for the overpayment in writing. The overpayrrient shall be returned to the Company within sixty (60) calendar days after the date on which the payment was identified. [See §5.12. I.L.3]

32. Subcontractor shall comply with 42 CFR § 455.23 by suspending all payments to a Provider after KDI-IE­DHCF determines that there is a credible allegation of Fraud for which an investigation is pending under the Medicaid program against an individual or entity unless KDHE-DHCF has identified in writing a good cause reason for not suspending payments or to suspend payments only in part. Subcontractor shall issue a notice of payment suspension that comports in all respects with the obligations set forth in 42 CPR § 455.23{b) and maintain the suspension for the durational period set forth in 42 CFR § 455.23(c). In addition, the notice of payment suspension shall state that payments are being withheld in accordance with 42 CPR § 455.23(g). Subcontractor shall maintain all materials related to payment suspensions for a minimum of five (5) years in compliance with the obligations set forth in 42 CFR § 455.23(g). [See §5.12.l.N]

33. Providers shall disclose the identity of any person described in 42 CFR § 100 [ I OOJ(a)(l). [See §5.12.1.Q]

Kansas Medicaid Product Attachment 16 ot'22 ~.2018.Cl7.01

KANSAS MEDJCAID PRODUCT ATTACHMENT

34. Subcontractor may not knowingly have a relationship with any of the following. [See §5.12.R I] a. An individual or entity who is debarred, suspended, or otheTWisc exduded from participating in

procurement activities under the Fedentl Acquisition Regulation or from participating in non­procurement activities under regulations issued under Executive Order No.l2549 or under guidelines implementing Executive Order No. 12549.

b. An individual or entity who is an affiliate, as dcfmed in the Fedeml Acquisition Regulation, of an individual or entity described in Section 5.12. l .R.l.a.

35. Subcontractor may not have a relationship with an individual or entity that is excluded from participation in any Federal health care program under section 1128 or 1128A of the SSA. [See §5.12.l.R.3j

36. Any Provider or Subcontractor that receives or makes $5 million in annual payments from KDHE-DHCF, must comply with section 1902(a)(68) of the SSA and 42 CFR § 438.608(a)(6) as a oondition of receiving payment. The $5 million amount will be based on paid claims, net of any adjustments to those claims. It will be the responsibility of Provider or Subcontractor to makt:: the determination as to whether they meet the $5 million threshold. To oomply with Section 1902(a)(68) of the SSA and 42 CFR § 438.608(a)(6), the Provider or Subcontractor must ensure that it has implemented all of the following requirements. [See §5.12.l.R.5] a. Must establish written policies that provide detailed information about the Federal laws identified in

Section 1902(a)(68) of the SSA and any State laws imposing civil or criminal penalties for false claims and statements, or providing whistleblower protections under such laws.

b. In addition to the detailed information regarding the Federal and State laws, the written policies must contain detailed information regarding the policies and procedures to detect and prevent Fraud, Waste, or Abuse in Federal health care programs, including the Medicare and Medicare Advantage Programs.

c. Must provide a cupy of its written policies to all of its employees, contractors and agents of the vendor. d. If Pmvider or Subcontractor maintains an employee handbook, the handbook must include a specific

discussion of the Federal and State laws described in its written policies, policies and procedures for detecting and preventing Fmud, Waste, or Abuse and the right of its employees to be protected from discharge, demotion, suspension, threat, harassment, discrimination, or retaliation in the event the employee files a claim pursuant to the Federal False Claims Act or otherwise makes a good faith report alleging Fraud, Waste, or Abuse in a Federal health care program, including the Medicare and KDHEM DHCF Programs, to the Provider, Subcontractor, or to the appropriate authorities.

37. Provider and Subcontractor shall conduct program integrity datE! analytics specific to Kansas data. [See §5.12.l.R.7.d]

38. Claims shall be filed within one-hundred eighty (180) calendar days from the date of service, and a three hundred and sixty five (365) calendar day limit shall apply for any correction or rebilling of a timely filed claim, unless the Agreement provides for an alternate timely filing timeframe. [See §5.14.J.H.2J

39. Provider, Subcontractor and subcontractors with access to Protected Health Information shall comply with the Health Insurance Portability and Accountability Act and Health Information Technology for Economic and Clinical Health Act. Subcontractors shall comply with 45 CFR § 205.50, and 42 CFR § Part 2, Safeguarding Information for the Financial Assistance and Social Service Program, 42 CFR § 431 Subpart F, as well as 41 USC 423 27. Provider, Subcontr~ctor and subcontractors must comply with any other applicable Federal and State laws (such as Title VI of the Civil Rights Act of 1964, 42 CFR § Part 2, etc.) and other laws regarding privacy and confidentiality. As deemed necessary, the State or its designated agent, and the Federal government shall be allowed access to this data. All information, except as noted E~bove, as to personal fE~cts and circumstances shall be treated as privileged communications, shall be held confidential, and shall not be divulged without the written consent of the State and the written consent of the Member, or his/her attorney, or hislher responsible parent or guardian. [See §5.15.21

40. For a period often (10) years after termination of the State Contract or from the date of completion of an audit in accordance with 42 CFR § 438.3(h), Provider, Subcontractor and subcontractors shall provide to any duly authorized representative of the State or Federal government access to its premises, during normal business hours, for the purpose of inspecting, monitoring, auditing and reproducing records and materials

Killlsas Medicaid Product Attachment l7 of22 v_20lS.07.01

KANSAS MEDICAID PRODUCT ATTACHMENT

created pursuant to the provision of contractual activities under the Agreement or State Contract Provider, Subcontractor and subcontractors shall make available staff to assist in the audit or inspection effort, and provide adequate space on the premises to reasonably accommodate the State or Federal representatives conducting the audit or inspection effort. [See §5. 16.l.F]

41. Subcontractor shall upon request provide and make available staff to assist in the audit or inspection effort, and provide adequate space on the premises to reasonably accommodate the State or Federal representatives conducting the audit or inspection effort. [See §5 .16.1.H]

42. Provider, Subcontractor and subcontractors shall infonn their employees working on any Federal award they are subject to the whistleblower protections under 41 U.S.C. 4712. [See §5.22)

43. Provider, Subcontractor and subcontractors shall preserve and make available at reasonable times all of its books, documents, papers, records, and other evidence involving transactions related to State Contract for a period of no less than ten (10) years from the date of the expiration or termination of the State Contract. Matters involving litigation shall be kept for one (1) year following the terthination of litigation, including all appeals, if the litigation exceeds five (5) years. Authorized Federal and State representatives, including but not limited to, personnel of the using agency; independent auditors acting on behalf of slate and/or Federal agencies shall be pennitted access to and the right to examine records and access the physical premises during the State Contract period, and during the ten (10) years post State Contract period or ten (10) years from the date of completion of any audit, whichever is later. Delivery of and access to the records shall be within five (5) business days at no cost to the State. {See §5.24]

44. Subcontractor shall forward to the State a report indicating when the Front End Billing ("FEB"} related files were loaded into its system. Subcontractor will work with the State regarding the required fonnat and data clements. [Sec Attachment I, § 1.5.7]

45. Any Provider or Subcontractor authorized to process and pay claims shall process 90% of Clean Claims within I 0 days of receipt. [State checklist]

Kansas Medicaid Product Attachment 1~of22 v.201!1.07.01

KANSAS MEDlCAID PRODUCT A 1T ACHMENT

The following definitions from the State Contract shall replace any contradictory defmitions in the Agreement:

Appeal A request for a review by Company of an Adverse Benefit Determination, as uAdverse Benefit Determination" is defined in 42 CFR § 438.400, or an Action, as "Action" is defined in the State Agreement.

Clean Claim A claim that can be processed without obtaining additional information from the

Provider of the service or from a third party. It does not include a claim from a

provider who is under investigation for Fraud or Abuse, or a claim under review for

Medical Necessity.

Emergency A. All emergency care is immediate, at the nearest facility available, regardless of Care whether the Emergency Room (ER) is a Participating Provider.

B. Emergency services must be available twenty~ four (24) hours a day, seven (7) days a week.

Grievance An expression of dissatisfaction about any matter other than an Adverse Benefit Determination, as "Adverse Benefit Determination" Is defined in the State Contract, or an Action.

Medical Defined in K.A.R. 30-5-58. In addition, Company is responsible for covering services Necessity related to the following:

{1) The prevention, diagnosis, and treatment of health impairments. (2) The ability to achieve age-appropriate growth and development.

(3) The ability to attain, maintain or regain functional capacity.

Member A Title XIX or Title XXI Beneficiary who has been certified by the State as eligible to enroll and whose name appears on Company's enrollment information.

Post~Pav TPL refers to any individual, entity or program that may be liable for all or part of a Recovery and Member's health coverage. Under section 1902(a)(25) of the SSA, the State is required Third Party to take all reasonable measures to identify legally liable third parties and treat verified liability (TPL) TPL as a resource ofthe Medicaid Member. Company shall also follow all Federal

regulations and all State of Kansas statutes and regulations for TPL and medical Subrogation. Company shall have procedures in place to collect TPL funds when primary coverage is identified after payment has been made.

Prior Approval granted for payment purposes by Company to a Provider to provide Authorization specified Covered Services to a specified Member.

Prudent Lay A person who possesses an average knowledge about health, health care, and Person medicine. Specialty Care Referral appointments to specialists (e.g., specialty physician services, hospice care, and Urgent home health care, rehabilitation services, etc.) shall not exceed thirty {30) days for Care routine care or forty-eight {48) hours for Urgent Care and waiting times shall not

~-exceed forty-five (45) minutes.

State Fair An administrative hearing involving the presentation of evidence and argument Hearing (SFH) before a presiding officer from the Kansas Office of Administrative Hearings

concerning an Adverse Benefit Determination or an Action. 1 Telemedicine Connecting Participating Providers with Members at distant sites for purposes of

evaluation, diagnosis, and treatment through two-way, real time interactive communication.

Telementoring Technologies such as the Project ECHO model to connect community primary care providers with specialists remotely located to provide consultations, grand rounds, education, and to fully extend the range of care available within a community

Kansas MedicBid Produ.;;t Atta<:hment l9of22 vl018.07.0l

Telemonitoring

Timely Filing

~-

KANSAS MEDICAID PRODUCT ATTACHMENT

practice.

Technologies that target specific disease type (i.e., congestive heart failure) or high utilizers of health services, particularly emergency room services and medication regimen management. Technologies are available that measure health indicators of patients in their homes and transmit the data to an overseeing provider. The provider, who might be a physician, nurse, social worker, or even a non-clinical staff Member, can filter Member questions and report to a clinical team as necessary. Company will adopt and implement standardized timely filing requirements, applying a one-hundred eighty (180) calendar day filing limit for all claims for all services, and a 365 day limit for any correction or rebilling of a timely filed claim, unless the Provider agrees through the Agreement to an alternate timely filing timeframe.

Addendum Governing Medicare-Medicaid Dual-Eligible Sen" ices

(Aetna Better Health of Kansas) Schedule 1

Medicare Required Provisions

CMS requires that specific terms and conditions be incorporntcd into the Agreement between a Medicare Advantage Organization or First Tier Entity and a First Tier Entity or Downstrewn Entity to comply with the Medicare laws, regulations, and CMS instructions, including, but not limited to, the Medicare Prescription Drug, Improvement and Modernization Act of2003, Pub. L. No. 108-173, 117 Stat. 2066 ("MMA"); and

Except as provided herein, all other provisions of the Agreement between Company (or its affiliate, as the case may be) and Provider (referred to in this Schedule I as "FOR") not inconsistent herein shall remain in full force and effect. This Addendum shall supersede and replace any inconsistent provisions to such Agreement; to ensure compliance with required CMS provisions, and shall continue concurrently with the tenn of such Agreement.

NOW, THEREFORE, the parties agree as follows:

A. Definitions:

1. Centers fur Medicare and Medicaid Services ("CMS"): the agency within the Department of Health and Human Services that administers the Medicare program.

2. Completion of Audit: completion of audit by the Department of Health and Human Services, the Government Accountability Office, or their designees of a Medicare Advantage Organization, Medicare Advantage Organization contractor or related entity.

3. Downstream Entity: any party that enters into a written arrangement, acceptable to CMS, with persons or entities involved with the MA benefit, below the level of the arrangement between an MA organization (or applicant) and a farst tier entity. These \vritten arrangements continue down to the level of the ultimate provider of both health and administrative services.

4. Final Contract Period: the fmal term ofthe contract between CMS and the Medicare AdvWitage Organization.

5. First Tier Entity: any party that enters into a written arrangement, acceptable to CMS, with an MA organization or applicant to provide adminislralivc services or health care services for a Medicare eligible individual under the MA program.

Kumu:; MOOicuiU Product Altochment 20 uf22 v_2018.07.01

KANSAS MEDICAID PRODUCT ATTACHMENT

6. Medicare Advantage ("MA"): an alternative to the traditional Medicare program in which private plans run by health insurance companies provide health care benefits that eligible beneficiaries would otherwise receive directly from the Medicare program.

7. Medicare Advantage Organization ("l\.1A organization"): a public or private entity organized and licensed by a State as a risk-bearing entity (with the exception of provideNponsored organizations receiving waivern) that is certified by CMS as meeting the r..tA contract requirements.

8. Member or Enrollee: a Medicare Advantage eligible individual who has enrolled in or elected coverage through a Medicare Advantage Organization.

9. Provider: (1) any individual who is engaged in the delivery of health care services in a State and is licensed or certified by the State to engage in that activity in the State; and (2) any entity that is engaged in the delivery of health care services in a State and is licensed or certified to deliver those services if such licensing or certification is required by State law or regulation.

10. Related entity: any entity that is related to the MA organization by common ownership or control and (I) performs some of the MA organization's management fi.mctions under contract or delegation; (2) furnishes services to Medicare enrollees under an oral or written agreement; or (3) leases n:al property or sells materials to the MA organi7.ation at a cost of more than $2,500 during a contract period.

B. Regujred Provisions:

FOR agrees to the following:

I. HHS, the Comptroller General, or their designees have the right to audit, evaluate, and inspect any pertinent informalion for any particular contract period, including, but not limited to, any books, contracts, computer or other electronic systems (including medical records and documentation of the first tier, downstream, and entities related to CMS's contract with Company (or its affiliate, as the case may be) {hereinafter, "MA organization") through 10 years from the final date of the final contract period of th('! contract entered into between CMS and the MA organization or from the date of completion of any audit, whichever is later. [42 C.F.R. §§ 422.504(i)(2)(i) and (ii)] and [42 CFR §423.505)

2. HHS, the Comptroller General, or their designees have the right to audit, evaluate, collect, and inspect any records m1der paragraph 1 of this amendment directly from any First Tier Entity, Downstream Entity, or Related Entity. For records :mbject to review under paragraph I, except in exceptional circumstances, CMS will provide notification to the MA organization that a direct request for information has been initiated. [42 C.F.R. §§ 422.504(i)(2)(ii) and (iii)]

3. FOR will comply with the confidentiality and enrollee record accuracy requirements, including: (I) abiding by all Federal and State laws regarding confidentiality and disclosure of medical records, or other health and enrollment information, {2) ensuring that medical information is released only in accordance with applicable Federal or State law, or pursuant t9 court orders or subpoenas, (3) maintaining the records and information in an accurate and timely manner, and (4) ensuring timely access by enrollees to the records and information that pertain to them. [42 C.F.R. §§ 422.504(a)(l3) and 422.118] and [42 CFR §423.136]

4. Enrollees will not be held liable for payment of IDlY fees that are the legal obligation of the MA organization. [42 C.P.R.§§ 422.504(j)(3)(i) and 422.504(g)(l)(i)] and [42 CPR §423.505(i)(3)(i)]

5. For all enrollees eligible fur both Medicare and Medicaid, enrollees will not be held liable for Medicare Part A and B oost sharing when the State is responsible for paying such amounts. Providers will be informed of Medicare and Medicaid benefits and rules for enrollees eligible for Medicare and Medicaid. FDR mfly not impose cost-sharing that exceeds the amount of cost-sharing that would be permitted with respect to the individual under title XIX if the individual were not emolled in such a plan. Providers will:

Kansas Medicaid Product Attachment 2lof22 v.2018.07.0t

KANSAS MEDICAJD PRODUCT ATTACHMENT

{I) accept the MA plan payment as payment in full, or (2) bill the appropriate State source. [42 C.F.R. §§ 422.504(i)(3)(i) •nd 422.504(g)( I )(i)]

6, Any services or other activity performed in accordance with a contract or written agreement by FDR are consistent and comply with the MA organization's contractual obligations. [42 C.F.R. § 422.504(i)(3)(iii)J and [42 CFR §423.505(i)(3)(iii)]

7. Contracts or other written agreements between the MA organization and providel'l3 or between first tier and downstream entities must contain a prompt payment provision, the tenns of which are developed and agreed to by the contracting parties. The MA organization is obligated to pay contracted providers under the terms of the contract between the MA Organization/Physician and the provider. [42 C.F.R §§ 422.520(b)(l) •nd {2)]

See Agreement ror prompt-payment provision.

8. FDR and any related entity, contractor or subcontractor will comply with all applicable Federal and Medicare Jaws, regulations, and CMS instructions. [42 C,P.R §§ 422.504(i)(4)(v)] and [42 CFR §423.S05(i)( 4)(iv)]

9. If any of the MA organization's activities or responsibilities under its contract with CMS are delegated to any first tier, downstream and related entity see 42 CF.R. §§ 422.504(i)(4) find (5)

In the event of a conflict between the tenns and conditions above and the terms of a related agreement, the terms above control.

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

By ________________ __

Print Name Kevin J. Cook

Print Title Chair

Date

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

' ApproYed as lo Legality and Form: Date I ~ L 1-1 i

ASST. CO, COUN ELOR

Karuas Medicaid Product AttiiChment

AETNA

By __________________ __

Print Name---------------------

Print Title---------------- _____ _

Date-------------------------

22 Clf22 v.2018.o7.01

Shawnee County

Office of the County Counselor

JAMES M. CROWL

County Counselor SMawnee County Courthouse

200 SE 7~ Street, Ste. 100 Topeka, Kansas 66603-3932

Office: {785) 251-4042 Fax: {785) 251-4902

Email: counselors@snco.us

MEMORANDUM

TO: Board of Shawnee CoWlty Commissioners

FROM: James M. Crowl, Shawnee Co1.Ulty Counselor

DATE: November 28,2018

Re: Jonell Schenk v. SMG, et al Shawnee ColUlty District Court Case No. 2017-CV-701

Please place this item on the Monday, December 3, 2018 Commission Agenda.

On November 19, 2018, counsel for the Plaintiff, Jonell Schenk, Defendant SMG, Third-Party Defendant USA Wrestling Association, and I met in mediation. The Plaintiff has agreed to settle all claims against all Defendants for the total sum of $49,000, plus outstanding costs associated with the lawsuit. Shawnee County's portion to be paid to the Plaintiff is $16,333.33. Additionally, the Defendants have agreed to dismiss all pending counterclaims and crossclaims against one another.

The attached Global Release of All Claims and Settlement Agreement contains all of the relevant information. In order lOr the agreement to be final it must be approved by the Board of County Commissioners.

While the CoWlty denies that Lhe claims made in the lawsuit have any merit, this settlement reflects the costs of the defense as well as the risk of an adverse judgment.

I would be happy to answer any further questions you may have.

SHAWNEE COUNH CONTRACT # Q%4-.2Dtg'

GLOBAL RELEASE OF ALL CLAIMS AND SETI'LEMENT AGREEMENT

THIS RELEASE is made and entered into by Jonell Schenk, SMG, Shawnee .County Board of County Commissioners ("Shawnee County), and United States of America Wrestling Association ("USA Wrestling''). The partieS will collectively be referred to as "the Parties ...

WHEREAS, Jonell Schenk has asserted claims against SMG and Shawnee County, arising_ out of an incident that occurred on or about March 28, 2015 at the Kansas Expocentre, and brought suit in an action titled Jonell Schenkv. SMG, et al., bearing Case No. 2017-CV-000701 into which Case No. 2017-CV-000211 was oonsolidated.

WHEREAS, Shawnee County asserted claims against SMG and SMG asserted claims against Shawnee County and USA Wrestling in the action titled Jonell Schenk v. SMG, et a/., bearing Case No. 2017-CV-000701.

VlHEREAS, all of the Parties dispute the allegations brought in the Claims described above.

WHEREAS, the Parties desire to resolve, compromise, and settle all claims and disputes, and potential claims and disputes, arising out of or related to the above-described claims and causes of action (the "Actions''), or othervvise litigated between the Parties, whether known or unknown, whether or not asserted.

THEREFORE, in consideration of the terms, conditions, promises, and of the mutual covenants and agreements hereinafter set forth, which constitute good and valuable consideration, the Parties hereto, intending to be legally bound, hereby give notice to all persons that they have freely, voluntarily, and with advice ofcounse~ promised, agreed, covenanted, and acknowledged the fOllowing:

AGREEMENT

1. . Recitals.

The foregoing recitals are incorporated in this Agreement as an integral part of the Agreement.

2. Global General Release.

The Parties mutually agree to release, acquit, and forever discharge one another, and their respective past present, and future officers, directors, officials, employees, agen~ representatives, partners, members, shareholders, firms. servants, predecessors, successors, assigns, patent companies, subsidiaries, holding companies, owners, investots, and affiliated companies. insurers and attorneys (hereinafter, the "Released Parties"), of and from any and all past, present, and future claims, demands, obligations, actions, causes of action, cross-claims, and third party claims for contribution and indemnification. contractual liability, claims for expenses and compensation, and

any other relief whatsoever, whether based in law, equity, tort, contract, federal or state statute or regulation, or otherwise, which atJ)' of the Released Parties may now have or which may hereafter arise or accrue and in any way arising out of or relating to any acts or on;lissions relating to the Actions.

It is understood arid agreed that this Agreement is a general and global release of the Released Parties noted above, with respect to the Claims and the damages complained of and claimed to be related thereto, the consequences of such damages and any future damages that may develop because of the Actions. It is neither intended nor understood to be a special release or a limited release. It is a general ielease which finally and forever settles all possible claims against the Released Parties as to the injuries and damages cm;nplained of, as well as to those that could have been. claimed or complained of; and those that may develop in the future. The Parties agree, as further consideration and inducement for this Agreement, that this Agreement shall apply to all unknoWn atJd unanticipated damages directly and indirectly resulting from the Actions, as welJ as to those now disclosed,. and to all claims possessed by the Parties that arose between the beginning oftime to the date of this Release.

The Released Parties are hereby released from liability to any person or entity for contribution or apportionment offauJt, including liability to individual~ ;not yet sued. Further~ the Released Parties and their attorneys are hereby released :from any claims related to the conduct of the Released Parties or their attorneys in the defense of the Ciaims.

3. Monetary Payment.

The settlement amount shall be Forty-Nine Thousand Dollars and No Cents ($49,000.00) (the, "Settlement") and shall be paid as consideration for the release of all claims ofthe Parties as follows:

Sixteen Thousand Three Hundred Thirty-Three Dollars and Thirty-Three Cents ($16,333.33) sball be paid by or on behalf of Shawnee County to Janel! A. Schenk and her attorneys, Sloan, Eisenbarth, Glassman. McEntire & Jarboe, L.L.C.;

Sixteen Thousand Three Hundred Thirty-Three Dollars and Thirty-Four Cents ($16,333.34) shall be paid by or on behalf of SMG to Jonell A. Schenk and her attorneys, Sloan. Eisenbarth. Glassman, McEntire& Jarboe, L.L.C.;

Five Thousand Four Hundred Eighty-Six Dollars and Ninty-Six Cents ($5,486.96) sball be paid by or on behalf ofUSA Wrestling to Jortell A. Schenk and her attorneys, Sloan, Eisenbarth, G:lassman, McEntire & Jarboe, L.L.C.; and

Ten Thousand Eight Hundred Forty-Six Dollars and Thirty-Seven Cents ($10,846.37) shall be pay by or on behalf of USA Wrestling to Optum.

The parties acknowledge and agree that SMG and Shawnee County's mutual release of claims against one another constitutes further consideration for this agreement. The parties acknowledge and agree that USA Wrestling's monetary payments described above constitutes

2

consideration for the release of the claims ofSMG and Shawnee County arising out of the matter bearing Case No. 2017-CV -000701 whether asserted in the action or not.

4. Attorneys Fees. Expenses, and Court Costs

The Parties will bear their own respective fues and expenses, except that Shawnee County, SMG, and USA Wrestling will each pay one third (1/3) of the mediation fees from the mediation with William Sanders on NoVember 18,2018.

5. Dismissals Of All Claims and Cooperation.

All Parties shall sign and fun1ish to the other Parties this Global Release of All Claims and Settlement Agreement and a Journal Entry of Dismissal to dismiss all claims with prejudice without delay, regardless of whether a party is awaiting receipt of the settlement proceeds and regardless of whether the settlement proceeds have been mailed.

The Parties agree to enter into or execute such additional documents and take all additional actions as are or may be necessary to carry out the intent and express terms of this Agreement. The Parties agree to cooperate fully and execute all supplementary documents and to take all additional actions, including but not limited to petitioning to dismiss pending actions, and any other action which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement.

6. Successors and Assigns;

The Parties agree that the statements, representations, agreements, and covenants contained herein are contractual in nature and not mere recitations of fact, and that the agreements and covenants herein shall be binding upon the Parties hereto and their respective successors and assigns.

7. Acknowledgements.

The Parties have read this Agreement, understand its terms, and have voluntarily entered into this Settlement Agreement after consultation with legal counsel of their choice or the opportunity to con-sult with legal counsel of their choice. The Parties acknowledge that they have relied solely and completely on their own judgment and the advice of counsel in makirig this Settlement.

8. No Admission ofLiability.

This Agreement and compliance with this Agreement shaH not be construed as an admission by any Party of any liability whatsoever. The Parties agree that this Settlement is the compromise of disputed claims, and the Parties specifically deny any liability and intend merely to avoid litigation 8n.d buy their peace.

9. Arm's Length, Good Faith Settlement.

3

This Agreement was entered into in good faith based upon arm'S-lepgth negotiation between the Parties and their counsel. The Agreement is intended to and shall serve as a bar to all claims for contribution and indemnity arisilig out ofthe matter bearing Case No. 2017-CV-000701.

I 0. Authority to Settle.

Each person signing this Settlement Ag'reement in his or her capacity represents and warrants that he or she has full and lawful authority from the party he or she represents to rnake, execute, and deliver this document on behalf of such party.

11. Entire Agreement.

The Parties hereto agree that this Agreement may not be modified, altered, or changed except by written assignment signed by all the Parties hereto. The Parties acknowledge that this constitutes the entire agre_ement between them and supersedes all prior written and oral agreements.

12. Execution in Counterparts.

More than one counterpart of this Agreement may be executed by any of the Parties, each of which shall be deemed an originaL but all of which shall constitute one and the same Agreement. This Agreement and any other document to be executed and delivered in connection herewith tnay be executed and delivered by facsimile or other electronic transmission, and any document delivered in such manner shall be binding as though an original thereof had been executed and delivered.

13. Choice ofLaw.

This Agreement shall be construed and governed by the laws of the State of"Kansas.

14. Severability.

In the event any term or provision ofthis Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the ~st of the Agreement shall remain in full force and effect arid the invalid term or prevision shall be severed therefrom. -

This Agreement shall be effective immediately following its execution.

15. Liens.

Jarrell Schenk acknowledges that ifliens against the sums paid pursufillt to this Agreement exist, all such liens, with the exception of the amount of $1 0~846.37 to be paid by or on behalf of USA Wrestling to Optum, are the sole obligation and responsibility of Joneii Schenk and Jonell Schenk will defend, indemnify, and hold. the other parties harmless from and against all claims, demands, obligations, actions, causes of action, damages, costs, and expenses, including but not

4

limited to any and aU claims for attorney's fees arising from any claim against the proceeds of this settlement by any person or entity.

Joneli Schenk is responsible for all past, current. and future inedical care and related expenses. Jonell Schenk agrees to release, hold harmless, defend and indemnify the other parties and their respective heirs,. assigns~ successors, members, attorneys and insurers as they appear, from any and all liens, including but not limited to any claims for reimbursement by the United States governnient, any division thereof; and the State of Missouri and the State of Kansas, and any division thereof ·

CAUTION: READ BEFORE SIGNING

REMAINDER OF TillS PAGE INTENTIONALLY LEFT BLANK

5

CAUTION: READ BEFORE SIGNING

Jonell Schenk

Subscribed and sworn to before me, a Notary Public, this __ day of ___ ~ 20 _

______________ N,otaryPublic

My commission expires:

6

CAUTION: READ BEFORE SIGNING

Representative ofSMG

r-Subscribed and sworn to befure ine, a Notary Public, th~ day of bWr<o!.& "'- 20 ~

~~GP«f· My commission expires:

MiaLI! 011111'1! NOTARY PUBLIC

NEW JERSEY . MY COMMISSION EXPIRES 3-4-2021

Notary Public

7

CAUTION: READ BEFOJ!E SIGNING

Representative_ofShawnee County Board of County Commissioners

Subscribed and sworn to before me, a Notary Public, this __ day of ____ , 20_.

_____________ Notary Public

My commission expires:

8

CAUTION: READ BEFORE SIGNING

Representative of United States of America Wrestling Association

Subscribed and sworn to before me, a Notary Public, this __ day of ___ ~ 20

______________ Notary Public

My commission expires:

9

20337920.1

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