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