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
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