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Agr Metro Planning CommissionTHOMAS E. DARNELL PLANNING DIRECTOR AREA CODE 913 823-3617 May 19, 1972 Salina City Commissioners City-County Building 300 West Ash Salina, Kansas 67401 Dear Commissioners and Mrs. Cooper: Since the Metropolitan Planning activity and consultant interviews are two areas which are not routine and require close coordination of the Planning Commission with the City Commission, the Planning Commission submits this report to you for your information and comment. #l. Joint Planning The Joint Planning Agreement, as well as the Joint Resolution and Ordinance creating the Metropolitan Planning Commission, must both be approved by the Salina City Commission and the Saline County Commission before Metropolitan Planning is officially instated. In addition, the Joint Planning Agreement must be approved by the Attorney General. As of this time, the County Commission has approved all the necessary documents for the creation of the Metropolitan Planning Commission and the City Commission has approved the Metropolitan Planning Agreement and placed the Joint Resolution and Agreement on first reading. It is the understanding of the Planning Commission that the City Commission will refrain from placing the Ordinance on second reading until approval has been given by the Attorney General. By letter dated May 8, 1972, the Attorney General replied to the City's request for approval of the Metropolitan Planning Agreement and outlined three items which require change (see Exhibit "A"). City Staff is processing the Attorney General's letter and has referred all activity to the City Attorney's office for drafting the changes in the Agreement, as requested by the Attorney General. In addition, an amendment is requested clarifying the fact that the Board of Zoning Appeals' decisions may be appealed to the City Commission and/or the District Court. It will be necessary for the City Commission and Salina City Commissioners Joint Planning Agreemen~ May 19, 1972 Page Two the County Commission to ratify some or all of the amendments being prepared and to forward these amendments on to the Attorney General. A tentative time schedule for presentation to the County Commission will be Friday, May 26. It will be on the City Commission agenda Monday, June.5. #2. Consultant Interviews Looking forward to the day when the Metropolitan Planning Commission will be in full force and effect, the Planning Commission has moved ahead to deal with the necessities of implementation of Section 41 and 42 of the Agreement, as State Law requires that before the Planning Commission can exercise its zoning authority, they must make recommendations to the City Commission on matters of the number of districts to be established. It further states that the basis for such recommendations must be on studies and surveys and past and present land uses or on the basis of an adopted land use plan. Acting on your behalf, therefore, the Planning Commission has visited with six consulting firms, three within the City of Salina and three outside, to get exposure to'their capabilities, interests, suggestions and general ideas of costs which the Planning Commission and City Commission could expect if they were to use consultants to assist in establishing zonina and subdivision legislative power within the Metrnpolitan Planning Area- The interviews are complete and the Planning Commission decided they will investi~!ate in ~urther depth one of the firms prior to counseling you. V e(~y_ _~L~u 1 y yours, [~ Thomas E. Darnel l, Secretary Salina City Planning Commission TED:mvb VERN MILLER ~ttorne~ C, cnara! STATE OF KANSAS State Cap/t01 Bldg. (913) 296-221~ Topeka, Kan.~,.s 66612 May 8, 1972 Lawrence Bengtson. cify Attorney P. O. Box 903 Salina, Kansas 67401 Dear Mr. Bengtson: YOU have subm.~t~ea for our approval an interlocal agreement dated ~e~_uary 28, 1970, between the governing body of the City of Sa].in~, and the Board of Ccn~uissioners Three minor matters m~y rec, uire some alteration in the agreeman%. K.S.A. 12--705c provides thug whenever a city has ~O~ as par% of its plan [zdoDted a plan ~ - ifs ]:~jor s%ree't cer ~a.n prescribed or h!gnw=ty syste:'a, after 'con=;u] %ation with .... ' agencies, including thc urban highway dep~rt<~enfi of the suate h'.gl~',z~i; co:?:n3_ss3, on, there is then autno_._z~d the ' '~2~ reference to unzs cons,,ltEJtlou as a p_~==qulslte to the ..... --~ ~./ of these lines The omission m~y be uninten'tional, but to ~.ssurc co:?.t-~leke comn~,kibi] ~ty of the agreement with the -.~:~c;~ ..... ;~''~ there should be inser%ed, we after the %.;or~, "system" on line three of paragraph 39, the words "after consu~_ua-c!ons =.~ prescr3_mec by K.~.A. 12-705c." Secondly, K.S.A. 12-715 provides that appeals from the board of zonAn9~ appe~,!s-sh~!l be taken "within a reasonable ~ - - " Paragraph time as prov_oea by the rules of the board . . . . _ 85 purpor2s to fix the time for taking such appe~!s not be 'a rule adopted by the board., but by the remus of the interlocal agreement itself. In our viex.~, the thne for such appeals must b9 se-a' not by. ~ the au=.u~-~--,--,~' ..... ~-'~ b,,t,,, by_ a rule a~oDted_ by the ~Doat'c". ~_..~- ..... ,--.- .= ..... .... ~ _.~, ,-~,. ~ sv. 9~'~ z u.. tn~.t this z ..... >---r ..... , c ............ .. to provide that the time shall be fixed by such a rule. Mr. Lawrence Bengtson May 8, 1972 page ~o Third, K.S,A. 12-710 provides that any violation of an ordinance relating to floodplain zoning shall be subject to the penalties and remedies provided in that provision. ~Oo Paragraph 67 substitutes there,, r Section 1-8 of the salina -'Code as fixing the penalties ~nd remedies for such violations. The two may be identical. It is, however, K.S.A. 12'7].0 which controls, and not the city ordinance, should they be dissimilar. The foregoing are relatively minor points. However, as stated above, to assure complete compatibility of this detui].ed and comprehensive agreem~nu with the applicable - tut~s from Which it is based, the appropriate alterations should be made. I am ret=urning to you the agreement, in order that these alterations may be made. Please be assured tha:c when i~% is returned, it will be approved forthwith, and returned to you with the endorsement of approval by return mail. ...... very 'trt['lyyours, By: VE tt!'~ MILLER Attorney General ~Oi-iN !I. First AZtorney Genera! J~4: si F, nc.