la center, washington

CITY OF LA CENTER CITY COUNCIL

REGULAR MEETING August 10, 2016

LC CC August 10, 2016 Page 1 of 5

These minutes are considered a

DRAFT copy until approved by the

City Council

REGULAR MEETING: 1. Mayor Thornton called the meeting to order at 7:00 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL:

Council: Councilmember Birdwell-Currey Present Councilmember Luiz Present Councilmember Williams Present Councilmember Valenzuela Present Councilmember Cerveny Present Mayor Thornton Present Staff: Marc Denney, Chief of Police Dan Kearns, City Attorney Suzanne Levis, Finance Director/Clerk Jeff Sarvis, Public Works Director

Guests: Doug & Beverly Boff Doug & Barb Burtwell Skip Carlson Amy Chase Jack Davis Al & Theresa Filla

Jim & Candi Irish Jack LaBounty Dale Lang Marti Larsh Larry Lewton Dennis Nuttbrock

Nelda Perryman Chris Swindell Andy “Sheriff” Taylor Rick & Suzi Terrell

4. CONSENT AGENDA

A. APPROVAL OF CLAIMS/ADJUSTMENTS – 08.10.16 B. REGULAR MEETING MINUTES – 07.27.16 C. APPROVAL OF INTERLOCAL AGREEMENT BETWEEN CLARK COUNTY,

WASHINGTON AND THE CITY OF LA CENTER (NW PARADISE PARK ROAD)

MOTION MADE BY COUNCILMEMBER LUIZ, SECONDED BY COUNCILMEMBER CERVENY AND CARRIED UNANIMOUSLY TO APPROVE THE AUGUST 10, 2016 CONSENT AGENDA.






City Council

5. COUNCIL STAFF REPORTS/ANNOUNCEMENTS.

A. MAYOR’S REPORT.

• La Center’s annual summer Our Days Celebration is next weekend, August 19–21. It kicks off with the Twilight Parade on Friday, and the theme this year is “Under the Sea.” The events continue through the weekend, and everyone is invited to join in on the festivities.

• On July 23, Hallie Nelson was crowned Miss Teen La Center at the Miss Teen La Center Scholarship Program Pageant. Mayor Thornton congratulated Hallie and her court, Mia Crocker, Emmyleigh Storm, Grace Nolan and Dayna Hines. All volunteers were thanked for making the event possible and a success.

• The first Mayor’s Town Hall Meeting held last week was well attended. A wide range of questions were presented by citizens. The City plans to post answers to frequently asked questions on the City’s website. The next Town Hall Meeting is scheduled for September 7.

• Mayor Thornton thanked the group of volunteers who provided and installed the yellow ribbons on the bridge at the entrance to La Center.

• Swinerton Builders, the contractor for the I-5 junction interchange, will be mailing flyers to the public addressing traffic issues and providing updates.

B. ATTORNEY’S REPORT – DAN KEARNS, CITY ATTORNEY – The D.C. Court of Appeals’ decision issued in July affirmed the District Court’s decision and the Interior Secretary’s determination to recognize the Cowlitz Tribe’s reservation, taking the land into trust and allowing gaming.

Additional legal matters will be addressed in Item 12, Executive Session.

C. COUNCIL COMMENTS.

• COUNCILMEMBER BIRDWELL-CURREY – None.

• COUNCILMEMBER LUIZ – None.

• COUNCILMEMBER WILLIAMS. The Chelatchie Railroad Steam Train Robbery Weekend #2 event will be August 20-21 in Yacolt.

• COUNCILMEMBER VALENZUELA – None.






City Council

• COUNCILMEMBER CERVENY – The first meeting of the City’s Budget Advisory Committee was held recently and citizen members, Jack Davis and Steve Workman, were present along with representatives of City Council and staff. ~ The piano on display in town is part of the School of Piano Technology for the Blind’s “Keys to the City—Unlock your Song” program and will be on display through August 14.

D. STAFF REPORTS .

• CHIEF MARC DENNEY, POLICE DEPARTMENT DEPARTMENT. Chief Denney provided the August issue of “The Monthly Adviser” to Councilmembers which provided PD highlights and crime statistics for July. Items of note: La Center recently hosted an “Active Shooter” training event, drivers should observe speed limits at the I-5 junction and in town, PD received a grant and reimbursement for equipment and academy training, and National Night Out was another success this year with over 800 in attendance.

6. CITIZEN’S PUBLIC COMMENT.

AMY CHASE, LA CENTER asked for nominations for this year’s Lifetime Achievement Award, on behalf of the Clark County Arts Commission. The deadline is September 11. (Details available at www.clarkcountyartscommission.org.)

LARRY LEWTON, LA CENTER, spoke as La Center’s representative on the Clark County Mosquito Control Board and reported on the Board’s last quarterly meeting. He provided updates on the Zika virus and informed Council that the Mosquito Board passed their Washington State audit.

CANDI IRISH, 1653 E. HERITAGE LOOP. The La Center Historical Museum honored the Sohl family at an open house last Saturday. In order to extend its hours of operation, the museum is seeking additional volunteers. The La Center Lions LEO Club has expressed interest in volunteering. The Fanning House Mayor’s Corner is holding an open house on August 20, 12-4 p.m.

JIM IRISH, 1653 E. HERITAGE LOOP, requested that more information be included with items listed under the City Council Consent Agenda. He recommended drivers use the Ridgefield exit and Timmen Road as an alternate to avoid the construction at the I-5 junction.

7. PRESENTATIONS.

A. CLARK REGIONAL EMERGENCY SERVICES AGENCY (CRESA) UPDATE – KATHLEEN MYERS. Ms. Myers provided updates on the 911 emergency service






City Council

and the 311 non-emergency service (initiated in September 2015 and handled by 911 call takers). The full number for non-emergency calls should be utilized, if the abbreviated number does not work (360-693-3111). Ms. Myers summarized the Smart911 and Text-to-911 programs, and brochures were provided (copies of which are made a part of these Minutes and available on file).

8. ITEMS REMOVED FROM THE CONSENT AGENDA – None.

9. UNFINISHED BUSINESS – None.

10. NEW BUSINESS – None.

11. ORDINANCES, RESOLUTIONS AND PUBLIC HEARINGS.

A. PUBLIC HEARING – ORDINANCE NO. 2016-08 APPROVING THE ANNEXATION OF CERTAIN PROPERTY TO THE CITY OF LA CENTER (GRIFFITH TRUST AND 3B NW, LLC) AND REZONING THAT PROPERTY CONSISTENT WITH THE LA CENTER COMPREHENSIVE PLAN.

Planning Consultant Eric Eisemann presented. The three parcels totaling approximately 55.4 acres included in Ordinance 2016-08 are located in the area of the Shell station at the I-5 junction and currently zoned Clark County AG-20 with an Urban Holding-40 overlay. After annexation, the properties will be zoned La Center Community Commercial (C-2) and the Urban Holding Overlay removed after public services are in place. No comments were received during the SEPA period (State Environmental Policy Act), and all prerequisites are in place to move forward with annexation. Consultant Eisemann recommended approval of Ordinance No. 2016-08.

At 7:53 p.m., Mayor Thornton opened the discussion up for public comment. There being none, public comment was closed at 7:54 p.m.

MOTION MADE BY COUNCILMEMBER LUIZ, SECONDED BY COUNCILMEMBER CERVENY AND CARRIED UNANIMOUSLY TO ADOPT ORDINANCE 2016-08 AND ANNEX THE GRIFFITH TRUST PROPERTIES, LINDA FUDGE AND MELODY COWAN, ET AL. TRUSTEES, AND 3B, NW, LLC PROPERTY INTO LA CENTER AND REZONING THE PROPERTIES COMMUNITY COMMERCIAL WITH AN URBAN HOLDING OVERLAY.

Mayor Thornton called for a Roll Call vote:

Councilmember Birdwell-Currey: Yes Councilmember Luiz: Yes






City Council

Councilmember Williams: Yes Councilmember Valenzuela: Yes Councilmember Cerveny: Yes

12. EXECUTIVE SESSION.

A. RCW 42.30.110(1(I) – CONSULTATION WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION.

Mayor Thornton called for an Executive Session regarding potential litigation at 7:55 p.m. and expected to last 20 minutes with no action to be taken afterwards. City Attorney Dan Kearns facilitated.

Mayor Thornton reopened the regular meeting at 8:14 p.m. No action was taken.

13. ADJOURNMENT.

Meeting was adjourned at 8:15 p.m.

Mayor Greg Thornton Suzanne Levis, Finance Director/Clerk

Memorandum

To: La Center City Councilmembers

Date: August 24, 2016

Re: Appointment of Salary Commission Member

A vacancy on the City of La Center Salary Commission occurred when a member moved out of the La Center city limits. Commission members are required to live within the city limits of La Center; therefore, I appoint Marti Larsh as the newest member of the La Center Salary Commission.

Greg Thornton, Mayor City of La Center

Department of Public Works

In the Works – Staff Report

August 2016

Development Update –

• Dana Heights subdivision is nearly complete. Final Plat comments issued, final construction punch list provided.

• Annexation of 57 acres at La Center Junction complete. • New Subdivision Pre-Application Conference Scheduled; Waliezer, a 457,036 SF Parcel (10.5

acres) with a planning designation of LDR 7.5. This new application will accommodate 34 SF lots along Pacific Highway just westerly of the Hanna’s Farm Subdivision.

• Hanna’s Farm Subdivision has no remaining lots. The last lot is permitted and under construction.

• The remaining subdivisions; Kays, Gordon Crest II, Highland Terrace and Sunrise Terrace remain active at various levels.

General Update –

• The replacement of the sanitary sewer line in Pacific Highway is near completion. Paving, in Pacific Highway should be complete by Friday. Third Street will not be complete until the following week. There have been a few delays due to mismarked utilities, settlement in old fill areas, and the discovery of potential contaminated soil.

• A request from the Cowlitz Tribal Gaming Authority is requesting vacation of the NW 31st Avenue right-of-way. The vacation process is initiated.

• Work on the Water Trail Park (end of Pollock) continues. The pre-application conference was held. The project is in the permitting and design phases: Shorelines (DOE), Historic and Cultural Resources Review, Consultation with Tribes.

Please contact me with any questions or concerns.

Respectfully Submitted, Jeffrey B. Sarvis, Public Works Director

CITY COUNCIL AGENDA ITEM

Department: Public Works, Jeff Sarvis Agenda Date: August 24, 2016 Item: Road Vacation Request – NW 31st Avenue from the Cowlitz Tribal

Gaming Authority (CTGA) Action Requested: Resolution Establishing the Date, Time and Location to Consider Vacating

Portions of NW 31st Avenue . Applicant: William Iyall, Chairman, Cowlitz Indian Tribe Address: P.O. Box 2547, Longview, Washington 98632.

Background

State statute, 35.79 RCW, provides a process for vacating all or a portion of road City right‐or‐way. The City received a petition to vacate a portion of NW 31 Avenue from the William Iyall, on behalf of the Cowlitz Tribal Gaming Authority. The City Council at a regular meeting must, by Resolution, fix a date and time when the petition will be heard which shall not be more than 60 days or less than 20 days after passage of such Resolution. NW 31 Avenue is located between the boundaries of I‐5 and the Cowlitz Indian Reservation. 319th Avenue and the La Center I‐5 Interchange are being relocated and NW 31 Avenue is no longer a traveled roadway. The Attached Resolution assumes that the City Council will support the staff recommendation that the City maintain a permanent easement the entire length of the right‐of‐way and that the City receive compensation for said right‐of‐way. An appraisal will be required in order to determine the compensation amount for land (35.79.030 RCW). The appraisal costs and associated direct and indirect cost must will be borne by the petitioner. Should the City Council approve Resolution 16‐410 staff will work with the petitioner in completing the right‐of‐way vacation, provide a complete packet of vacation material and appropriately schedule and notice a public hearing. Attachments: Petitioners Request and Exhibit

Budget Impact N/A Expenses Related to the Right‐of‐Way Vacation are Reimbursed

Recommendation/Motion Mr. Mayor, I Move to Approve City Council Resolution 16 ‐ 410, Establishing a Public Hearing Date, Time and Location to Consider a Request to Vacate a Portion of NW 31st Avenue

LC CC Resolution 16-410 Page 1 of 2 Road Vacation

CITY OF LA CENTER RESOLUTION NO. 16‐410

A RESOLUTION OF THE CITY OF LA CENTER INITIATING VACATION OF A SECTION OF NW 31ST AVENUE; AND SETTING A TIME AND PLACE FOR A HEARING

TO CONSIDER SUCH A VACATION.

WHEREAS, the City Council received a petition to initiate the vacation for a portion of

City right-of-way, as set forth in Section 1 below, and desires to set a time and place for a hearing before the City Council to consider such vacation.

NOW THEREFORE, based on the foregoing findings, the La Center City Council resolves as follows:

Section 1. A petition for a street vacation is hereby initiated, pursuant to State statute,

35.79 RCW, for the following City right-of-way:

A parcel of land, lying in a portion of the Northeast quarter of Section 8 and Northwest quarter of Section 9, Township 4 North, Range 1 East of the Willamette Meridian, Clark County, Washington, being a portion of “County Road No. 25” as shown on Washington State Highway Commission Department of Highways, right-of-way plan “Ridgefield Jct. to Woodland”, sheet 5 of 12, dated August 10, 1965 and conveyed to Clark County, Washington recorded under Auditor’s File No. 8312070093, recorded December 7, 1983, records of said county and annexed to the City of La Center under Ordinance No. 2011-03 and more particularly described as shown in Exhibit D3.

Section 2. A public hearing shall be held upon the proposal to vacate the City right-of-

way set forth in Section 1, on October 12, 2016, at the hour of 7:00 p.m. or as soon thereafter as the matter may heard by the City Council, in the Council Chambers at La Center City Hall, 214 E. 4th Street, La Center, Washington.

Section 3. Notice of such hearing shall be provided and posted in the manner required

by State statute 35.79 RCW inviting interested persons to appear and be heard for or against the proposed vacation.

Section 4. Cost Recovery Allowed: The Public Works Director shall compile an

itemization and documentation of all of the City’s direct and indirect costs associated with the

LC CC Resolution 16-410 Page 2 of 2 Road Vacation

street vacation request including survey, appraisals and recording fees. The petitioner(s) shall pay in full the City’s certified cost statement within 30 days of presentment.

Section 5. The City will maintain in perpetuity an easement over, under and across

such 31st Avenue right-of-way which will be described and recorded with the street vacation.

IT IS SO RESOLVED and passed this 24th day of August 2016, by a majority of the La Center City Council. AYES: NAYS: ABSTAIN: ABSENT:

Greg Thornton, Mayor Attest: Approved as to form: Suzanne Levis, Clerk/Finance Director Daniel Kearns, City Attorney

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