Clark County councilors direct staff to continue negotiations with Cowlitz Tribe over Tri Mountain Golf Course sale

Clark County Councilors on Jan. 22 unanimously directed staff to continue negotiating a purchase-and-sale agreement with the Cowlitz Tribe for Tri Mountain Golf Course, with councilors asking staff to pursue language that would prevent the property from being placed into a federal land trust and to pursue an intergovernmental agreement to preserve the course as a public golf facility.

The directive came after staff described the bidding process and the financing context. The county set a minimum acceptable bid of $3,525,000; according to staff, one bid met that minimum and a separate $5,000,000 bid that would have allowed the bidder to remove use restrictions after five years was declared nonresponsive to the terms of the RFP. Staff said the course has built some reserves in recent years but historically has required general-fund support for loan payments and facilities repairs.

Why it matters: Councilors and multiple public speakers said they want Tri Mountain to remain an affordable public golf course. Staff warned, however, that the course faces significant deferred maintenance and that retaining it could continue to draw county resources. Staff estimated a 2019 facilities assessment at roughly $270,000 in deferred capital items and said, given escalation in costs and additional repairs (including irrigation and cart-path work), deferred needs could now exceed $3,000,000; repair of the golf cart paths alone could approach $1,000,000. Staff also said a recent accounting estimate is that roughly 41% of any sale proceeds would flow to the county general fund and about 59% to the county’s REIT 2 fund, subject to auditor review.

Council discussion focused on two competing risks: selling the property to the tribe and relying on contractual protections, or retaining the property and continuing to cover deferred maintenance and operational shortfalls. County staff described three documents that would accompany a sale if the council approves a future agreement: a purchase-and-sale agreement, a covenant that runs with the land, and an intergovernmental agreement (IGA) with the tribe.

County legal staff warned that placement of the land into a federal trust held by the United States (via the Bureau of Indian Affairs) could affect enforceability of a covenant that runs with the land. "When Michelle talks about a land trust, she is specifically talking about the trust that is held by the United States government through the Bureau of Indian Affairs," said Chris Cook, chief civil deputy prosecutor. County counsel Kevin McDowell clarified the county's negotiating position: "What we've proposed to the tribe as our initial proposal is language that says the land shall not be moved into a land trust." McDowell also explained the limits of contractual remedies if the land did move into trust and the county relied only on an IGA or other contractual protections.

Public comment included golfers and residents urging the council not to sell the course and recommending the county operate it directly, or at minimum to require perpetual protections to keep it a golf course. Staff noted the current operator is a private management company (Troon) and that the county has no directly employed golf operations staff.

Action taken: Councilor Little moved and councilors seconded a motion directing staff to continue negotiations with the tribe aimed at resolving county concerns, including seeking language to prevent the property’s placement into a land trust and pursuing IGA protections. The council voted unanimously in favor. The council did not approve a final sale; staff will return with negotiated documents for a future public vote.

Ending: Staff said they will continue negotiations and return to the council with the draft purchase-and-sale agreement, covenant and any proposed IGA. Councilors also requested additional detail on the course’s deferred-maintenance costs, potential funding sources or grants (staff said there were no obvious grant sources for golf-course capital needs), and clearer audited accounting of asset allocations before any final decision.