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HomeMy WebLinkAbout08-19-1996 Special Council Mtg CITY OF AUBURN AUBURN CITY COUNCIL SPECIAL PLANNING MEETING MINUTES AUGUST 19, 1996 I. Call To Order Mayor Charles A. Booth called the meeting to order at 5:00 PM. Councilmembers in attendance included Sue Singer, Rich Wagner, Gene Cerino, Jeanne Barber, Fred Poe, and Stacey Brothers. Councilmember Trish Borden was excused. Staff members in attendance included Utilities Engineer Dwight Holobaugh, City Engineer Dennis Dowdy, Finance Director Diane Supler, Public Works Director Frank Currie, Planning & Community Development Director Paul Krauss, Utilities Planning Engineer Nass Diallo, City Attorney Michael Reynolds, and City Clerk Robin Wohlhueter. Guest Craig E. Coombs, Attorney At Law for Price, Kelley, Marshall and Coombs, P.S., was also in attendance. II. Muckleshoot Indian Tribe Agreements (Discussion began with the Sanitary Sewer Agreement. For the purpose of these minutes, summary comments are reflected under the appropriate title as they occurrod.) A. Intergovernmental Agreement An Intergovernmental Agreement Between The Muckleshoot Indian Tribe (MIT) and the City of Auburn was discussed and recommended for Council action. The Agreement is structured to guide formal framework discussions between the City and Tribe regarding subjects of interest to the parties. A Policy Committee comprised of elected officials from Auburn and the Muckleshoot Indian Tribe would select items of interest for study and discussion. Conclusions and tentative agreement would then be submitted to the legislative bodies for action. The proposed Agreement was drafted by the City and submitted to the Tribe for review. Three edit changes to the proposed Agreement were suggested by the City and are reflected in the Agreement before the Council. City Attorney Reynolds stated Tribe concurs with the changes: Section 2.2, Organization of Policy Committee, four elected officials were changed to three elected officials; Section 2.4, Scope of Issues for Policy Committee, Utilities matters were added; Special Planning Meeting Minutes August 19, 1996 Page No. 2 and Section 4.4, Termination of Framework Agreement, used to be ...sixty (60) days... and now is ...one hundred and eighty (180) days... Discussion centered around the enforceability of any agreement consummated between the parties. Issues raised included the Tribe's sovereignty as a federally recognized Indian tribe and the City's jurisdictional rights as a municipal corporation where boundaries are shared between the parties. The majority consideration must include trust, faith and mutual respect. Agreement dealing with land use or infrastructure must be approved by the Bureau of Indian Affairs. Waiver of Tribal Court Jurisdiction is necessary to place a matter of enforcement under federal court jurisdiction. It was the consensus to recommend approval of the Agreement with a modification to the last sentence of Section 2.5, Selection of Issues/Process for Discussion to read: ...For purposes of this Framework Agreement, "consensus" shall be the agreement of the Policy Committee, or pursuant to paragraph 2.2 herein. B. Interlocal Agreement for Sanitary Sewer The Sanitary Sewer Agreement provides for connection and service of the Muckleshoot Indian Tribe's residential sewage collection and transmission system. Service is limited to line capacity and includes 40 existing homes in the Skopabsh Village, 100 additional single family homes, and existing tribal facilities discharging domestic type sewage. It is anticipated construction can begin on the regulation station vault as soon as the agreement is signed, and the MIT cost share is secured. Construction will take approximately 4-6 months to complete. Monitoring downstream pipes will enable the City to measure variable flow rates and volume capacity for use of the MIT. Staff recommended additional storage capacity within the MIT system to manage variable volume from backing up to residential areas and protect tribal homes and facilities from back flow and spillage during regulation events when downstream capacity is limited. Liability concerns were discussed regarding potential flow control areas. Indian Health Services have resisted adding storage vault capacity. Therefore, if the Tribe feels it needs the extra storage volume for risk management, it will need to install at its own cost. The City expects a response from the Muckleshoot Indian Tribe regarding this issue. Craig Coombs offered to review and clarify Section 9.4 of the Sanitary Sewer Agreement. Special Planning Meeting Minutes August 19, 1996 Page No. 3 (Discussion of Inter-Govemmental Agreement Between the Muckleshoot Indian Tribe and the City of Aubum.) City Attorney Reynolds reported the City has not received a response from the MIT on the last draft of the Sanitary Sewage Connection Agreement. Several questions were raised with regard to Section 10.4, Funding of Future Improvements by MIT A Condition Precedent to Continuing Flow to the City System, of the Agreement relating to the percentage of system development charges, and build out capacity limits within the City's sewer system. This provision will be reviewed by staff from the perspective of equity and fair share considerations regarding system improvements. Dwight Holobaugh reviewed Section IV., Metro's User Fee with Councilmembers. Also, it was noted that the City should collect late comer fees for hook up to single family residences on the gravity line portion to be dedicated to the City. These late comer fees should be then provided to the MIT. It was generally agreed for staff to continue evaluation of various sections of the Agreement, and await MIT response. A follow-up workshop may be needed. III. Adjournment The planning session adjourned at 6:15 PM. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk