05/22/1978 Council Minutes - Laserfiche WebLink

Home Search

114 May 22, 1978 Mayor Karth said if there is a motion to deny this amendment, and the WPC -40 rules are not passed, and this amendment is to be re- considered, then the entire process of publication and public hearing must be repeated. Mr. McLean moved, that since the WPC -40 Rules and Regulations will supersede any Ordinance of this City, and since these Rules are to be passed within a month, this Amendment to Ordinance #53B be de- nied. Seconded by Mr. Kulaszwicz. Motion declared passed. Mr. Rehbein felt that there should be some discussion on the actions of the Metro Council and their attempts to police the actions of this City. He cited the requirement of a perc test. He felt that almost any portion of this City could pass a perc test if it is done by the right man. Mr. Rehbein was told that the perc test requirement is a part of the State Building Code and not a matter relating to Metro. Mr. Rehbein also objected to the collection of the SAC, he felt that assessing this to areas that would probably never get sewers was un- fair. The Council felt that the time to have objected to many of the rules imposed on this City was in 1975 at the time the Land Planning Act was passed by the State Legislature. This City passed a Resolution objecting to this Act and ti the powers of the Metro Council and sent this Resolution to every community in the seven County Metro area, to all State and Federal Senators and Representatives, Metro Council members, and the Governor. Of all the copies sent out, only 18 bothered to answer. Mr. Mobley said there was a program on the 60 Minutes show on the subject of Metro Government and in three major Cities this has been proven to be unconstitutional. Mayor Karth said the local government is not the place to go to ob- ject to Metro powers. Residents should contact their State Repre- sentatives and State Senators. Mr. Jim Kellog said the Metro is an illegal function fo government and felt the bill authorizing the establishment of this unit was un- constitutional- he asked why Cities continued to fill out their forms. Mayro Karth said until proven illegal by Court action, this is backed by the State Legislature and Cities must abide by State Law. Mr. Locher said the legality of the Metro could be attacked but the legal fees would probably be around $20,000.00 and no one community has that kind of funds for this action. Furthermore, if the Cities do mot conform, all funds are withheld - such as FHA mortage funds, sewer funds. Federal Highway funds - all these funds must be filtered through Metro. Mr. Bill Houle noted that Mr. Howard Neison, State Representatives for this area, was present. He asked what he had done in the area of reducing the powers of the Metro Council.