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Planning Body Organization ','.'~", '. -I i ~ '1 PLANNING BODY ORGANIZATION STUDY ï .,; - SALI NA-SAL I NE COUNTY, KAr~SAS ., j " .. '\ ¡ .. 1 j J ¡¡ 1 J Presented To: '1 . 1 J SALINE COUNTY COMMISSION SALINA CITY COMMISSION -;¡ '1 ¡i March 22,1971 ., ; " !' ,I " ï :; '" " BUCHER & \HLLIS Consulting Engineers, Planners & Architects Salina, Kansas ~ U Œ [R ~ W ll) CONSULTING ENGINEERS. PLANNERS. ARCHITECTS ~ ì 60S W. NORTH ST., SALlNA.KANSAS 67401' 913/02:7-3603 6163 TtlE PASEO, KANSAS CITY. MO.64110' eIG/36~1-269G PARTNERS ASSOCIATES , , j L JAMES' 0, BUCHER SHELBY K. WILLIS KAY C, BLOOM SAL.INA, KANSAS G. HAROLD LAMfERS ROBERT R. MYERS LYLE E. LIGHTrOOT March 22,1971 Saline County Co~~ission and Salina City Cørnmission City-County Building Salina, Kansas 67401 Re: Planning Body Organization Study Dear Sirs: \ , It is our pleasure to present the findings of the brief organization study to expose the advantages and detriments of the several permissive methods to organize city and county planning bodies. ,The comments offered as to regional or joint planning commissions for city and county are dependent upon the degree of cooperative understanding which exists between the city and the county. There does not appear to be a single instance now, future or past, where actions taken in either the city or the county cannot but benefit the other. Therefore, objectively, the goals and intents of the city should be the sa~e as that of the county and vice versa. This condition provides a sound basis of a gov- erning body partnership that is needed to permit planning to be most efficient and effective. It is our earnest hope that this study can serve t:o further approach this desirable goal. Very Sincerely Yours, JD:3 : psm Enclosure BUCHER & ~nLI,IS ,/---'1 ./. '-J. ,,-) - " /L/ -- ) ./ U':--rJ'¡'Î'1".-~ /...:- :'~ ./-(>(~;:.':--/L-~- ,James D. Bucher , I !j SUMHARY This exploratory study of planning structure to adequately serve Salina and Saline County produced the following findings and comments: 1. There is a wide choice of operational vrocedures under existing state authorizing statutes. 2. Ther~ is a sharp need for more effective cooperation in plannjng. 3. One planning staff for Salina and the 3-mile area and/or entire County is needed and is efficient to perform plan- ning and regulatory controls. 4. A Regional Planning Commission having jurisdiction for the entire County appears to be advantageous, providing desirable partnership cooperation can be achieved. 5. Present zoning, subdivision regulations, sanitary codes and zoning maps are not coordinated and are inadequate to withstand-legal court test. 6. Existing and future land use plans for City, 3-mile area, and balance of County are inadequate. 7. There is a sharp need for a 5-year committed planning pro- gram proposed by Planning Body and approved by City and County governing bodies. --i- . PRELDlINARY REPORT ORGANIZATION STUDY OF PLANNING AGENCIES Saline County and Salina, Kansas l-1arch,197l BUCHER & WILLIS We submit the findings herein given in accordance with the agreement dated 11/10/70 between Saline County, Salina and Bucher & Willis as consultants which stipulated the following services be performed: Organizational Exploration The Consultant will explore and display the several methods permitted by the Kansas Statutes and describe the experiences of seVeral agencies now operating in the various methods. These ex- periences will be related to the Salina-Saline County conditions. The history of creation of the present planning commission and boards and the installation of zoning and subdivision will be furnished from City and County records by the City and the County; and there conditions will be compare~ to current statutory author- ities and practices. The status of comprehensive planning as necessary to pass the customary legal screen will be reviewed and reported. The City Attorney and the County Attorney will perform legal reviews and render an opinion on the above. The Consultant will offer the several organizational procedures, give the advantages and disadvantages of each and will suggest a procedure that appears most likely to produce effective planning. The findings of, this study will be prep~red in twenty (20) copies, and the Consultant shall attend not to exceed four (4) meetings with the City-County bodies. HISTORY - Salina Planning Commission. The Salina City Planning Commission was established March 2, 1925 by Ordinance No. 3083 enacted by Mayor J.S. Hargett, and the C°rrt.'11ission ,,¡as organized on Hay 1, 1925. The Salina City Planning Commission was composed of 7 members, all resident within the City of Salina. The Salina City Planning Commission was reformed under KSA 12-701, as per paragraph 21-101, 1960 Salina Code, to a 9-member commission of which 7 shall reside in the City and 2 shall reside in the 3-mile area surrounding Salina. .,1- \ ¡ \ i f i i ' I' I ! I Î Formal planning reports were prepared to 4ate as follows: Plan ~eports: Salina Planning Report - Hare & Hare --------------- Salina Planning Report - Wilson & Co. -------------- Salina Off-Street Parking Report - Buch2r & willis - Guide for Growth - City Planning Department -------- Salin~ Comprehensive Plan - Wilson & Co. ----------- Salina Ttansportation Plan - Wilson & Co. ---------- Salin~ Water System Study - Bucher & Willis -------- Salina Park Study - Bucher & Willis ---------------- Salina Water Study - Wilson & Co. ------------------ Salina Community Rene\.¡al Plan - Bucher & Willis ---- 1951 1955 1961 1961 1965 1965 1967 1967 1968 1970 Zoning Regulations: Ordinance #3188 -- 11-23-1925 Revisions - Ords. #3576, 3632, 3829,3834,3863,4102, 4357, 4606, 4671, 4750, 4763, 4771, 4984,5186 and 5549 Ordinance #6613 -- 3-20-1962 Revisions - Ords. #6782, 6845, 6877,7034 and 8030 (to 11-20-1970) Subdivision Regulations: Ordinance #6751 -- 12-2-1963 Certificate of Occupancy: Ordinance #6613 3-20-1962 Building Permits: Ordinance #2993 -- 6- 7-1924 Ordinance #6199 -- 12-30-1957 Ordinance #6613 -- J-20-1962 The City of Salina created the.position of City Planner, and this position has been held by the following planners: Mr. Richard Preston ------- Mr. Norris Olson ---------- Mr. Duane Pearce ---------- }IT. Thomas Darnell -------- 7/18/60 7/ 1/63 11/30/64 2/10/69 to 11/15/62 to 5/ 1/64 to 4/ 5/68 to Date The present City Planning Commission is composed of the fol- lowing me~bers (11-20-70): Mr. John Ryberg, Chairman Mr. Pat Bolen, Vice-Chairman Mr. J. D. Patterson Hr. william Reimold Hr. Lee Havlorth Hr. Frank Langshaw Mr. E. A. DaHdy Dr. Neal Jenkins -2- \ { I \ í ( \ I I ! \ I \ , , t I I I i ( ¡ \ / ~ I t , i ! The Zoning Board of Appeals was established by Ordinance #6613, 3-20-62 and is now composed of the following members: Mr. J. D. Patterson Mr. Leonard Altman Mr. Joe Mcndicina Mr. vlilliam Grosser, Jr. Mr. John Sabin The building, housing, health and recreation programs are administered by the following boards and commit~ees: Building Board of Aþpeals ----- Building Code Advisory Board -- Electricians Exam. Board ------ Housing Authority of the City of Salina -------------- Joint City-County Health Bd. -- Plumbing and Gas Fitters Examining Board ------------- Plumbing Board of Appeals ----- Recreation Commission --------- Salina Airport Authority ------ Urban Rene\va1 Agency ---------- Ord. #6805 - 8-17-64 - 5 members Ord. #7060 - 6- 1-68 - 10 members Ord. #6075"- 7-24-56 - 6 members Ord. #2954 - 9-11-67 - 5 members - 7~ 5-55 - 10 members Ord. #8038 - 8-18-69 - - 6-24-68 - 3 members 6 members 5 members 5 members 5 members Ora. #6854 - 4-26-65 - Ord. #2821 - 4-12-65 - HISTORY - Saline County Planning. The Planning Board fòr Saline County, Kansas was created with 5 members by the County Commission on July 1, 1942~ The "Zoning and Master Plan Resolution of Saline County, Kansás" was adopted by the County COImnission on May 19, 1953 with the IIterritory" being all of the area of Saline County except corporate cities of Salina, Brookville, New Cambria, Assaria, and Gypsum, and the town sites of Smolan, Mentor, and all lands of the U.S. Government. This 5-19-53 resolution did adopt Platting Regulations, did require Permits & Certificates of Occupancy, except for agricultural uses, did create a Board of Zoning Adjustment, and did create the posi- tion of Administrative Officer. The present Saline County Planning Board is a 5-man board consisting of: Doris "lins low Russell Jones \'layne Johnson Paul Hall Gordon Forsberg Herb Callon - County Engineer, Ex-Officio -3- Mr. Ronald Richmond serves as Administrative Officer. There is no record of a planning study having been made of , the County as the 1953 "Zoning and Master Plan Resolution of Saline County, Kansas" is comprised of only zoning and platting regulations and a small-scale district zoning map. A countý road survey was performed through the County Engineer's office by Wilson & Company in 1969.- A complete reappraisal of tax assessment was made through the County Clerk's office with the assistance of united Appraisal Company. A complete population enumeration was performed by the County Clerk as of January 1, 1969. Saline County did, on November 10, 1970, contract with Bucher & Willis, subject to approval of an FHA grant, to perform a county-wide water and sewer study. PLANNING STATUS. Salina Status: The existing land use of the City was up-dated to 8-1-69 by a field survey in the process of performing the Community Renewal Plan and a brief study in 1969 prepared a small-scale, generalized future land use plan of the City and a portion of the 3-mile area around the City., There has been substantial change in the econ- omy, lanßuse, schools and directio~ and type of growth in the City since the 1965 comprehensive report was prepared in 1963-64. The zoning and subdivision regulations have been partially revised by numerous amendments since adoption on 3-20-62. There has been considerable residential, coffiTI1ercial and industrial development of an urban nature and density in the 3-mile area around the City. Salina is a prime source of~vater supply to the 3-mile area, and there is serious and urgent need for cooperative effort to provide adequate planning and development regulations in the 3-mile area as portions of ~his area will likely soon become a part of the corporate City. The zoning and subdivision regulations are of a cuJnmulative construction and do not include recent statutory provisions for adequate control. The City plan and regulations, essential plan- ning tools to permit process of an effective planning program, are in rather urgent need of update and do need to be coordinated with regulations and administration of the County. State statutes now provide very precise criteria for Planned Unit Development (P.U.D.) Districts, and authorization for the establishment of flood plain districts has also been added. The procedure for appealing the decision of the Board of Zoning -4- . ¡ ¡ I I ¡ I I i ! \ ! ! Appeals has been chan~ed and a lot split provision is now required to be a part of the Subdivision Regulations. It should be empha- sized that when a state statute becomes effective, any city ordi- nance that is in conflict with the state statute is void and unenforceable. The present practices of City Planning Activities for cases within the City limits are as follows: zoning Change -- # Petitioner file application and fee with City Clerk. Petition (P) referred to City Commission (CC). CC refer to City Planning ConMission (CPC). CPC refer to City Planning Staff (PS). PS study and make report to CPC. CPC advertise Public Hearing. CPC hold Public Hearing and send recommendation to CC. Citizen protest period. CC make decision on petition. Publication effectuating change. Petitioner may appeal to District Court. Suggest clerk refer direct to CPC-PS. n tt Plat -- # # Applicant file preliminary plat and fee with City Clerk. City Clerk refer to CC. CC refer to CPC. CPC refer to City Planning owners within 200 feet for review of plat. City Planning staff review, coordinate with Engineering, Uti1itißs, Poli~e, Fire, and Ci~y Clerk and report to CPC. CPC review plat and' findings and approve preliminary plat. Applicant submit final plat to City Planning staff. City Planning Staff review plat and report to CPC. CPC review final plat and send reco~nendations to CC. CC review and approve plat and plat can be filed for record. Applicant file plat with Register of Deeds. Suggest plat be referred by Clerk direct to CPC-PS. Staff and notify all property of s~bject property of date set t Va~iance, Exception and Special Use P~rmit -- Petitioner make application to City Clerk. City Clerk refer to Building Official (Administrative Officer of Board of Zoning Appeals). -5- # Building Officer review and report to City Planning staff review and report Building Official advertise for Board Hearing. Bo~rd of Zoning Appeals hold Public Hearing and make decision. _Building Official report to Petitioner and/or issue permit. Appeal to City Co~~ission. petitionei appeal should be to District Court. (Statute was revised in 1965 changing appeal from Board of Zoning Appeals to the District Court.) City Planning Staff. to Building Official. of Zoning Appeals Public Building -Permit -- Applicant make application and pay fee to Building Official. Building Official review and issue or deny building permit or if debatable, submit to Building Board of Appeals for ruling. Mobile Home Park, Community Unit Plan and Industrial Park Mobile home regulations are now limited nance and are not covered by Zoning Regulations. Substantial review of procedure is now under preparation. to a special City Ordi- . or Subdivision this ordinance and Certificate of Occupancy -- Not enfcirced. '- :'<" The procedures practiced by the City appear, except as noted thus # above, to be adequate and in accordance with usual and statutory procedures except for the Certificate of Occupancy which should either be enforced or regulation voided. It is apparent that the zoning district map at a scale of 111 = 200' woulq be desirable, and that the 111 = 200' record of existing land use is an" excellent record and is adequately up-to- date. Considerable revision of the zoning and subdivision regula- tions is quite in order, and the future land use plan is not adequate for a successful planning and zoning administration pro- gram. The future land use plan is general and at a small scale; it should be analyzed in considerably more depth, taking into account the various sub-categories of residential, commercial and industrial land use. -6- ì -. .' ¡ I Saline County Status: ¡ ¡ I I I The formal, t'/ritten plans for the 3-mile area include a Road & Bridge Study - Saline çounty, a portion of the 3-mile area shown on the 1965 Comprehensive Plan, and a district zoning map of the 3-mile area and a portion of the County. It is quite probable that this present planned condLtion would be found deficient, if tested in court, to support a regulatory program. The minimum planning tools essential to operation of regul~tory controls include: A current land use mŒp; A current future land use map; A definitive district zoning map; and Enforceable regulatory laws. Planning tools necessary to operation of an effective planning program include written plans for the following: Population; Economics and Agriculture; Housing; Community Facilities (school, park, police, fire, roåds, ambulance, solid waste, '.vater, se1,.¡er, storm water, hospital and nursing homes); Existing and Future land use; Capital improvement priority; and Regulatory controls. The zoning and platting regulations presently in force deserve considerable revision to bring into a condition normally considered desirable and the zoning maps are considered quite inadequa~e for adminis- trativ~ purposes. I ! ,. , - State statutes have been changed regarding county zoning and subdivision regulations, and a complete review of the regulations is necessary to correct all the inco~sistencies. Many changes in development techniques have also occurred since the adoption of the regulations, and revision to update in this manner is also necessary. It is essential that the county prepare an accurate existing land u~e plan and keep it current. Based on the analysis - of the existing land use plan, a future land use plan must be developed which in turn servès as the basis for the development of the zoning district map. The county does not have existing and future land use plans; and therefore, has no legal basis for establishing zoning districts. Consequently, the county would be in a poor position to provide sufficient jurisdiction for its actions in a court of law. There are byo operating water districts in the county and a third is now under study. The County has made application for an FHA grant to perform a county-wide water and sewer study, and it is intended that this study will produce a brief population- economic-agriculture study of entire County, a rather detailed çxtsting land use and future land use map for the 3-mile area and will suggest City-County cooperative policy and procedures regarding water and sewer development in the 3-mile area around S¿¡,lina. -7- Statutory Authorities:' The Kansas Statutes authorize planning and planninq regulations as follm.¡s: City Authorities -~ 12-701 --- Create City Planning Commission (7-15 m(~mbers) 12-704 --- Prepare and Adopt City Plan 12-704 --- Extraterritorial Jurisdiction - Plans 12-705a -- Subdivision Regulations 12-705a -- Joint Committee for Subdivision Regulations 12-705b Plats Required 12-705c Major street Plan - Official Map 12-708 --- Zoning Regulations 12-7l5b -- Extraterritoriall Zoning in Area Adjacent to City 12-714 --- Board of Zoning Appeals 12-3009 -- Code Adoption by Reference 12-716 --- Joint or Regional Planning 12-722 --- Joint Board of Zoning Appeals 12-1750 -- Unsafe Structures 12-4759 -- Unsafe St~uctures (Beautification Statute) 12-101,13-401, 13-436 & Chap. 17, Art. 23 & 47 - Minimum Housing Code 12-725 --- Planned Unit Develop~ent County Authorities -- 19~2915 -- Create Countx Planning Board (5-9 members) 19-2914 -- Prepare and Adopt County Plan Chap. 71, Sec. 8 -- Subdivision Regulations 65-184 --- Sanitation Regulations 19-2918b - Joint Committee for Subd~vision Regulations 19-2919 -- Zoning Regulations 19-2926a - Board of Zoning Appeals (3-7 members) 12-3303 -- Adoption of Codes by Reference 12-3301 -- Building Code (untested in court) 12-716 --- Joint or Regional Planning 12-725 --- Planned Unit Development Planning Organization Structure: The Kansas Statutes authorize a rather broad set of alternates for organization of City, County and 'Joint or Regional planning i.1'j(~:ìcies. The four sketches on the follmoJÌng page describe the -8- Condition ttl -- CPC & Co. PB .---~- Condition #2 -- CPC w/ETJ and Co. PB ~~ Ico~ Condition #3 -- Jt. 3-Mile CPC and Co. PB Condition #4 -- Reg. PC (Spec. \ Agreement *) * -- 3-mile cases referred to Co. C for comment and forwarded to CC for action. 11 ,8 City of Salina. 3-Mi1e Area around Salina. Saline County. Path of procedure requ~ring Extra-Territorial Jurisdiction. CPC = City Planning Commission (12-701) Co. PB = County Planning Board (19-2915) JPC = Joint or Regional Planning Commission with City and 3-mi1e Area Jurisdiction (12-716) Reg. PC = Joint or Regional Planning Commission with City and County-wide Jurisdiction (12-716) City = Salina C.C. = Salina City Commission Co. C = Saline County Commission ETJ = City Planning Commission with 3-mi1e Extraterritorial Juris- diction = --- path (12-704) ::ote: The planning and r~gulatory authority of the county is limited to the unincorporated 'area except where a city delegates its subdivision authority to the county. -9- vdrious ptlths. conditions of planning agencies and the approval procedure Examples of co!1@unities pr¿wticing under given administrative conditions: Condition #2 Condition #3 Condition #4 (wI variations) condition #1 Salina Hutchinson. HcPherson Concordia Emporia None in Kansas at present -- many under consideration Beatrice, Nebr. Garden Ci ty , Dodge City Hays Wichita Topeka Leavem..¡orth Fort Scott It is the duty of this study to expose the known advantages and detriments of each of the conditions and are given as follows: Condition #1 -- CPC + Co. P.B. This is the present Salina-Saline County organization. A. This condition structurally lacks the cooperation in the city-3 mile area to offer a coordinated plan with regard to water, sewer, land use, ioads, fire, police, refuse, and other community facilities. . B. This condition seldom produces uniformity of regulations or administration. C. A separate staff for county area and city usually produces a lower quality of staff service at a higher cost than one joint staff. D. The paths of staff, planning cowuission and governing body review are isolated without a structural check and balance between the interested bodies permitting development of different and even opposite policies and goals. E. It has proven true that absence (of cooperation) does not make the heart grow fonder - it is not uncommon for a city agency to become so imbued with urban-problems and oppor- tunities to impose actions that are not in the best interests of the rural residents, and it is equally common for a county agency to be over-aggressive for the benefit of rural residents, assessed valuation increase or the inefficient withhold of necessary public investment to not be in the best interest of the entire County. -10- This structure has a long and rather unsuccessful career ~nd is partially impractical where the city is over 4,000 population ~nd a condition of urban growth exists. condition #2 -- CPC (ETJ) + Co. P.B. To achieve this condition in Salina-Saline County ~~ould require that these steps"be taken: A. County Planning Board recommend and County Co:!"M:lÌssion hold Public Hearing and then abate regulations in 3-mile àrea around Salina. B. City notify County of intent to regulate development in 3-mile area after 60 days notice period. C. City Planning Commission be composed of minimum of 2 mem~ hers from 3-mile area, draft and recommend regulations and plan for 3-mile area and City Commission hold hearing and adopt regulations. : . D. Cases are referred only to City Planning Commission and City COJrunission for review and action. This condition does avoid the disadvantage òf A, B, and C under Condition #1, but continues the unfavorable status of D and E. An improvement to this structure, not specifically authorized by the statutes, would be to have the cases referred to County Commission for comment and decision by City Commission. The pro- cedures to accomplish this ETJ condition, requiring abatement of existing county-regulations" is not considered a detriment as the present regulations are not adequate and of questionable legal authority. Condition #3 -- This condition is the same as {t2, and so are the com.men ts , except that referral from JPC to Co. Comm. for action is normal m~de unless City and County have taken "ETJ" actions. The normal JPC referral for action to Co. Comm. (except through ETJ) struc- tures planning cooperation but has no cooperation structures at ~ction level. As stated under #2, this may be improved by a cross referral JPC to City Corom. for comment and on to the County Com- ~ission for action. , This condition, while a marked improvement over #1, is slightly ~c5S attractive than #2, as the majority of the cases in the 3-mile -11- " ':I!-t~ oJ arc of an urban nature and the City Corruniss ion is usually r<>!-C practiced in making decisions on urban matters than the County Co::::ü ssion. Co:ìòit'ion #4 This condition avoids the given faults A, B, C, D, and E under Condition #1, and t¡lould appear to have the struc'tural quality , warranting a successful experience for Salina and Saline County. This condition presupposes a cooperative partnership having the need, as a unity base, for a common goal of a planning process that will create an improved place to live and perform.. Business and Agriculture. It is recognized that Condition #4 is a rather serious and large administrative step from the present structure. This step should be taken only under the condition of enthusiastic coopera- tion of both governing bodies. If there is a lack of confidence on this score by either party, then consider in suggested priority order Condition #2, then Condition #3. It is under ,Condition #4 that maximum economy of planning and staff can be achieved as well as durable uniformity. This condi- tion has the best organizational structure and the most potential for success, but the degree of effe¿tiveness is dependent primarily upon the quality of the membership. It is anticipated that under this condition one staff would serve the Regional Planning Commission, thus avoiding duplication of effort and cost while providing the most efficiently coordinat- ing program. It is recommeriaed that the regional commission consist of seven to nine members and that the commission establish sub-committees such as zoning, subdivision, current planning, and long-range planning, where commissioners will playa more intensive and active role in the planning process and develop a greater degree of depth in planning matters. The function of a sub-committee is to perform the necessary detailed review within the committee as well as with other clubs, organizations and committees within the comnunity so that more people will be involved in the planning program. The sub-committee more or less serves as a screening group on a given subject and makes a recommendation to the full planning commission. . In order to legally form a regional or joint planning corrunis- S~O~I the city shall by ordinance and the county shall by resolu- ll~~ enter into agreements providing for such joint planning -12- L r ,. cooperation. The agreements should contain information on the follo\ving i terns: C' l' ~ , L~ r~~" '- . , - .- , 1. Jurisdictional Area -- The agreement should contain infor- mation setting .out the jurisdictional area of t:he Regional Planning Commission. In this particular instance, it would include the city of Salina and the unincorporated area of the county. Provision should be made, however, for the inclusion of other incorporated communities within the county if they should so desire. It should also be specified that zoning applications within the 3-mile area will be determined by the County Commission as indicated in the diagram for Condition #4. 2. Number and Qualifications of Hembers -- The 'agreement should set out the number of members and the ratio be- V.veen the city and the county. The ratio normally is based upon population being served, and the proportionate share of costs contributed by each governing body. For example, a nine-member Regional Planning Commission \vould probably have three county appointees and 6 city appointees. Normally, an agreement such as this would set out that the county should appoint so many members and the city should appoint so many members; however, there normally is no residence requirement of the appointee. For example, the. city appointee could live wi~hin the city or anywhere within the jurisdictional area of the Regional Planning Commission; and likewise, the county appointees could live anywhere within the Regional Planning Commission's juris- dictional area, and it very well could be that a member would live within the city of Salina. Further qualifica- tions could be added" to speèify that the membership be representative of specific groups such as realtors, builders, attorneys, central business districts, etc. 3. Employment by Commission -- The agreement should also spec- ify the method by which a Director of Planning, his staff, and consultants maybe employed. This item can be handled in several different methods; in some instances, the Planning Commission is authorized to retain the Director of Planning and the Consultants necessary to perform the work, and authority to hire staff is delegated to the Director. Most cooperating agencies delegate the authority of hiring the Planning Director to the City Manager who also retains the necessary staff. The selection of Con- sultants, ho\"lever, normally is done by the Planning Com- mission who under this cooperative agreement has authority to spend funds. -13- 4. Proportionate 'Share of Costs and Expenses -- The agreement must specify the proportionate share of costs. Information on this item is contained in the study and upon a determin- ation of the city and county, the item can be incorporated into the agreement. State statutes require that every joint agreement between a city and county shall, prior to and as a condition precedent to its entry into force, be submitted to and receive the written approval of the Attorney General as to the form and compatibility of such joint agreement with the laws of the State of Kansas. FUNDING PLANNING PROGR~1. The funding considerations offered below are based upon the administration and structure conditions described under Condition #4. Funding of Condition #4 could be performed in a variety of methods. The thesis of a citizen paying specifically for the public services rendered is a favorable method - get water; pay water bill; receive sewer service; pay sewer bill. This can only partially be done for planning servi6es - request for zoning change, pay fee to cover cost of planning service; same for sub- division application, building permit, variance, exception, special use permit, mobile home or development park license - and these charges should be adequate to fully cover the cost of these ser- vices. The planning service of public information and the preparation of city-wide development plans (roads, solid waste, land use, parks, libraries ang other public facilities) are ser- vices which cannot be equated directly to an individual service charge, even though the benefits are very real and necessary. These are services for the general good ,of the public, necessary and available to all citizens and therefore warrant general budget support. An effective continuing planning program is essential and not inexpensive. A written 5-year planning program outlining specific products and staff should be offered by the Planning Body and adopted by the City and County governing bodies. A one-year cost budget need be firmly established and monitered by the governing bodies as to production of stated products throu9h careful review of a year-end planning body report of accomplishments. In approach- ing a cost-share basis of City-County, these factors are important: 1. All residents of the County (urban and rural) benefit from improved and more efficient service - when county road -14- access is improved, then Salina business and Salina resi- dents benefit,' as well as the rural residents on the improved road; \,¡hen Salina urban routes are improved, it is more convenient for both urban and rural; ~alina grows through increased attractiveness and efficiency results in improved and enlarged services - better library, park, playgrounds, colleges, parking, businesses and employment opportunities - and both urban and rural residents gain. 2. All residents of the county pay ad valorem taxes portion to taxable value - urban and rural - and tax is paid only by Salina residents in addition county tax. in pro- a Salina to the 3. The 1970 Census reports population values as follows: Salina '3-Hile Areal 'Other I Saline Co. Total Saline County 37,714 3,274 5,604 46,592 81% 7% 12% 100% Assume conservatively that 13-Mile Areal and IOther' Saline County residents receive a value and costs are attributable at the rate of 1/2 the direct value to Salina residents. The costs proportion of County Tax-Salina Tax would, on this basis, be as follows per, $1,000 of planning budget: SUGGESTED PLANNING BUDGET SOURCE (Per.$l,OOO of Plan Budget) Population Numbers Percent Relative Benefit Ratio Total Prop. of $1,000 Plan Budget City Tax County Tax -- Salina 37,714 81% (1) $ 905 $500 $405 3-Mile Area 3,274 7% (1/2) 35 35 Other Saline 5,604 12% (1/2) 60 60 - -- County TOTAL 46,592 100% $1,000 $500 $500 It would therefore seem practical that the initial distribution cost be on the basis of 50% Salina tax and 50% County tax, and that should any of the other incorporated cities in the County desire the services of the Regional Planning Co~~ission, that the pay pro- portion be on a similar basis. The actual cost experience of the first two years of operation should be meé1sured as to cost of service to Salina and other Saline County, and these values should then guide future proportions. -15- I , '1 J 1 PLANNING PROGRl~ COMMENTS. It is outside the scope proposed planning program. analy~e organization, it is include the following: 1 J - 1 j ., "I :1 " 1 j .J J 1 t of this study to recommend a specific In our search of planned condition to apparent that the planning needs * County-wide water and sewer study - application submitted to FHA Secondary road and bridge analysis to comply with BPR reports - Extension of the 1969 road and bridge study and update of capital program'of county road system plan County-wide solid waste study and plan Fire district and service analysis County-wide existing land use plan (a general plan will result from water-sewer study) County-wide future land use plan (a general plan will result from water-sewer study) Three-mile area existing and future land use plan (a gen- eral plan will result from water-sewer study) Improved subdivision and zoning regulations and map - Salina, 3-mile area, and the county rural area Population and economic analysis on basis of 1970 Census of the entire county (a general plan will result from water-sewer study) . Capital improvement program - City and County Law enforcement study and plan - City and County Update of Community Facilities Plan for Salina and for the 3-mile area - schools, parks, housing, police, fire, water, sewer, medical, public buildings, storra, streets, and airport County has authority to adopt Building Code * * * * All of these planning items are necessary to the operation of an effective planning program, and all of the items are eligible for 2/3 grant from Housing & Urban Development (HUD) under Section 701 of the Housing Act. Due to the lack of federal funds, it is reported by Kansas Department of Economic Developmeni: (KDED) that a ,vai t time of 12 to 18 months after application might be experienced unless enhanced priority isa\varded by KDED specifically for Salina-Saline County. A number of communities recognize urgent need for planning and are proceeding to fund the most urgent items with local funds with the balance of the cost of the planning study funded 1/3-1ocal funds, and 2j3-fede:r.-al funds, v¡hen federal funds become available. In the light of this possibility, we suggest that the items noted with an asterisk (*) be considered as urgent to warrant the initial step, if necessary, by total local funds or other than BUD funds. -16-