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HomeMy WebLinkAbout2007.08.06 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. August 6, 2007 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated July 16, 2007. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$2,015,418.91 ($8,840.03 in the form of Wire Transfer No. 4778 and $2,006,578.88 consisting of Claim Warrants numbered 161401 through 161700). 2. To approve Payroll Claims in the amount of $1,701,353.70, Voucher Nos. 36495 through 36694; and EFT Deposit Nos. 30017727 through 30018220. (c) Stop Bar Maintenance Project: 1. Agenda Report from Robert J. Alberts,Public Works Director dated July 24, 2007. 2. Quote Summary. 3. Map. To approve the purchase of goods and services from Apply-A-Line, Inc., for the Stop Bar Maintenance Project, in the amount of $86,016.00 and, further, to include this amount in the Year End Supplemental Budget. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Joyce Olson for"Yard of the Month,"July 2007. 1. Edward and Hazel Green, 1213 S. Gray Avenue 2. Daniel and Barbara Snook, 1816 Road 42 3. Matt and Lisa Beaton, 608 Road 52 4. Greg and Mary Burke, 10509 Argent Road (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award,"July 2007. 1. Soak`n Suds Laundromat, 104 S. Oregon Avenue 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) Regular Meeting 2 August 6, 2007 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (None) 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Purchase a Portion of West Brown Street& 28"'Avenue Parcel: 1. Agenda Report from Richard J. Smith, Community&Economic Development Director dated July 11, 2007. 2. Location Map. 3. Commercial Real Estate Purchase and Sale Agreement. MOTION: I move to approve the purchase of real property located on the southeast corner of North 28"'Avenue and West Brown Street and, further, authorize the City Manager to execute all documents necessary to effect the purchase. Q*(b) Special Permit: Placement of Cell Antennas on Road 76 Water Tower (Clearwire US) (MF #SP 07-005): 1. Agenda Report from David I. McDonald, City Planner dated August 1, 2007. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 6/21/07 and 7/19/07. MOTION: I move to approve the special permit for the location of wireless communication equipment on the water tower located at Road 76 and Sandifur Parkway as recommended by the Planning Commission. Q*(c) Special Permit: Expansion of Our Lady of Lourdes Hospital Surgery(MF#SP 07-006): 1. Agenda Report from David 1.McDonald, City Planner dated August 1, 2007. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 6/21/07 and 7/19/07. MOTION: I move to approve the special permit for a surgery addition at Our Lady of Lourdes Hospital as recommended by the Planning Commission. Q*(d) Special Permit: Location of a Church in a C-1 Retail Commercial District (Community Unitarian Universalist Church) (MF#SP 07-007): 1. Agenda Report from David I. McDonald,City Planner dated August 1, 2007. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 6/21/07 and 7/19/07. MOTION: I move to approve the special permit for the Community Unitarian Universalist Church at 2819 W. Sylvester Avenue as recommended by the Planning Commission. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday,August 6, KGH—Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; JOE JACKSON, Alt.) 2. 7:00 a.m., Thursday, August 9, Elmer's, Walla Walla — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON,Alt.) 3. 4:00 p.m., Thursday, August 9, 3416 Stearman Avenue — Solid Waste Advisory Committee Meeting. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps.; MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS,Alts.) 4. 7:00 p.m., Thursday, August 9, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON, Alt. r 1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 16, 2007 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe Jackson, Tom Larsen, Joyce Olson, and Matt Watkins. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; Michael McShane, City Engineer; Denis Austin, Police Chief, and Paul Whitemarsh, Recreation Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated July 2, 2007. (b) Bills and Communications: To approve General Claims in the amount of$482,130.95 ($482,130.95 consisting of Claim Warrants numbered 161214 through 161400). To approve bad debt write-offs for utility billing, ambulance, cemetery and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $169,950.03 and, of that amount, authorize $116,963.00 be turned over for collection. (c) Cooperative Agreement on Facility Use, Pasco School District: To approve the Interlocal Agreement for Joint Facility use with the Pasco School District and, further, to authorize the City Manager to sign the agreement. (d) Regional Hotel/Motel Commission Appointments: To appoint Jim Gibson (Best Western) to the Tri-Cities Regional Hotel/Motel Commission, terns to expire 8/31/09. (e) Resolution No. 3036, a Resolution supporting HUD designation of Census Tract 201, Block Groups 2 and 4 as a single family revitalization area. To approve Resolution No. 3036, supporting designation of the HUD proposed Single Family Housing Revitalization Area and, further, authorize the Mayor to sign the letter of support. (f) Resolution No. 3037, a Resolution accepting work by Apollo, Inc., under contract for the Pasco Baseball Stadium Improvements Project. To approve Resolution No. 3037, accepting the work performed by Apollo, Inc., under contract for the Pasco Baseball Stadium Improvements Project. (g) Special Workshop Meeting. To conduct a Special Workshop Meeting on July 30, 2007; agenda items to be published prior to meeting. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: 3(a).1 f � MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 16, 2007 Ms. Sheila Garsjo, 1509 W. Irving, addressed Council concerning Code Enforcement violations she received. Mr. Earl Lunders, 801 W. Park, is concerned about illegal fireworks in the City. He also would like lighting at the Sylvester Park basketball court and the restrooms open after dark. Mr. Mike Murray, 815 W. Park, supported stricter fireworks enforcement. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Olson welcomed the Washington State Association of Fire Chiefs' 75'x' Annual Convention to Pasco and attended the LEOFF Disability Board Meeting. Mayor Olson and Mr. Larsen attended the Solid Waste Advisory Committee Meeting. NEW BUSINESS: 2007 West Pasco Sewer Extension (Ella and Road 36): MOTION: Mr. Watkins moved to award the low bid for the 2007 West Pasco Sewer Extension (Ella and Road 36) Project No. 07-1-01 to Shoemaker Excavation, Inc., in the amount of$48,354.87 including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Legislative Consultant Agreement: MOTION: Mr. Watkins moved to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for legislative consultant services and, further, authorize the City Manager to sign the agreement. Mr. Jackson seconded. Motion carried. No—Larsen. Senior Center Study/Plan Phase II: MOTION: Mr. Watkins moved to approve the Professional Services Agreement with the Educational Service District 123 and, further, authorize the City Manager to execute said agreement. Mr. Jackson seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:28 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 6th day of August, 2007. 2 CITY OF PASCO Council Meeting of: August 6,2007 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the un er 2igned,do rtify under penalty of perjury that the materials have been furnished,the services re d red or t labor perfo med as described herein and that the claim is a just,due and unpaid obligati ainst t city and that a are authorized to authenticate and 1aL ( Gary C tchfi , Cir nager James W ase, finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.4778 in the amount of$8,840.03,has been authorized;that Check No.s 161401 through 161700 are approved for payment in the amount of$2,006,578.88,for a combined total of$2,015,418.91 on this 6th day of August,2007. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,231.28 Judicial 8,160.92 Executive 9,869.95 Police 174,950.29 Fire 9,463.74 Administration&Community Services 108,471.71 Community Development 951.52 Engineering 1,386.76 Non-Departmental 120,682.21 Library 89,791.95 TOTAL GENERAL FUND: 524,960.33 STREET 487,115.75 C. D. BLOCK GRANT 517.63 KING COMMUNITY CENTER 4,300.41 AMBULANCE SERVICE 5,528.44 CEMETERY 4,690.49 ATHLETIC PROGRAMS 403.35 SENIOR CENTER 6,512.69 MULTI MODAL FACILITY 4,005.28 RIVERSHORE TRAIL& MARINA MAIN 859.96 LITTER CONTROL 2,330.90 REVOLVING ABATEMENT 778.00 SPECIAL ASSESSMNT LODGING 38,826.42 TRAC DEVELOPMENT 12,500.00 STADIUM/CONVENTION CENTER 9,516.87 METRO DRUG TASK FORCE 10,776.43 METRO DRUG FORFEITURE FUND 2,725.94 GENERAL CONSTRUCTION 20,159.06 WATER/SEWER 654,866.35 EQUIPMENT RENTAL-OPERATING 35,556.44 EQUIPMENT RENTAL-REPLACEMENT 2,147.58 MEDICAUDENTAL INSURANCE 8,860.03 CENTRAL STORES 650.28 FIRE PENSIONS 6,912.19 PUBLIC FACILITIES DIST 52,685.74 PAYROLL CLEARING 73,615.55 LID CONSTRUCTION 2,483.50 TRI CITY ANIMAL CONTROL 41,133.30 GRAND TOTAL ALL FUNDS: $ 2,015,418.91 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval August 6,2007 The City Council City of Pasco Franklin County, Washington The followipq is a sum of p roll claims against the City of Pasco for the month of July 2007 whic a prese ed;herewith r yZ view and approval. Gary Crutchfield, y 'M Hager James W. Chas financial Services Manager W ,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington,do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 36495 through 36694 and EFT deposit No's. 30017727 through 30018220 and City contributions in the aggregate amount of$1,701,353.70 are approved for payment on this 6th day of August 2007. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,183.57 Judicial 58,551.38 Executive 42,855.04 Police 468,009.93 Fire 262,315.82 Administrative&Community Services 295,977.87 Community Development 53,713.90 Engineering 57,269.31 TOTAL GENERAL FUND 1,244,876.82 CITY STREET 42,203.22 BLOCK GRANT 11,089.78 MARTIN LUTHER KING CENTER 5,169.43 AMBULANCE SERVICE FUND 118,115.38 CEMETERY 8,955.62 ATHLETIC FUND 273.95 SENIOR CENTER 10,510.10 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 97.16 BOAT BASIN 1,681.86 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 6,762.11 WATER/SEWER 229,327.97 EQUIPMENT RENTAL-OPERATING 22,290.30 GRAND TOTAL ALL FUNDS $ 1,701,353.70 Payroll Summary Net Payroll 946,950.75 Employee Deductions 394,616.90 Gross Payroll 1,341,567.65 City of Pasco Contributions 359,786.05 Total Payroll $ 1,701,353.70 3(b).2 AGENDA REPORT NO. 15 FOR: City Council DATE: July 24, 2007 TO: Gary Crutch ie tIvlanager Workshop Mtg: July 30, 2007 v Regular Mtg: August 6, 2007 FROM: Robert J. Al er4 "Y e�a orl Public Works SUBJECT: Stop Bar Maintenance Project I. REFERENCE(S): 1. Quote Summary 2. Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/30/07: DISCUSSION 8/06/07: MOTION: I move to approve the purchase of goods and services from Apply-A-Line, Inc. for the Stop Bar Maintenance Project, in the amount of$86,016.00, and further, to include this amount in the Year End Supplemental Budget. III. FISCAL IMPACT: Street Fund IV. HISTORY AND FACTS BRIEF: Staff has received three quotes for a Stop Bar Maintenance project. The low quote was received from Apply-A-Line, Inc. in the amount of $86,016.00. The second lowest quote was received from Pavement Surface Control in the amount of$94,809.19. Each year, as part of the annual maintenance project, the Public Works Street Division annually applies paint to stop bars in various areas throughout the City. The Division over the last few years has fallen behind in the City wide painting program. The Division will be unable to go into the neighborhoods and paint stop bars this year. In new subdivisions, the developers are required to use a liquid thermoplastic for stop bars. This material, unlike the paint that is used in residential areas annually by the Division, should last in the lower traffic areas until the street needs overlaying. The annual cost to the City for the Division to apply paint for the stop bars is approximately $50,000. Using this material in other areas would reduce and potentially eliminate the need for the Division to redo stop bars in the future. This contract will provide for the application of liquid thermoplastic to the stop bars in all residential areas throughout the city. Staff believes the one time expenditure will more then pay for itself with savings in future costs. Staff recommends that Council approve the purchase of goods and services from Apply-A-Line, Inc. and add $86,016 to the Year End Supplemental Budget. V. ADMINISTRATIVE ROUTING Project File 3(c) QUOTE SUMMARY STOP BAR MAINTENANCE PROJECT APPLY-A-LINE, INC. $869016.00 PAVEMENT SURFACE CONTROL $949809.19 STRIPE RITE INC $1389022.94 • NOW rill 111 � f% 1 ti m fit", r ft . j wink� # M, MCI 1 t • AGENDA REPORT NO. 58 FOR: City Council Date: 07-11-07 TO: Gary Crutchfi ty Manager Workshop: 07-23-07 Regular: 08-06-07 FROM: Richard J. Srn' h, Director Community & conomic Development SUBJECT: Purchase of Portion of West Brown Street & 28th Avenue Parcel I. REFERENCE(S): A. Location Map B. Commercial Real Estate Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 07-23-07 Discussion 08-06-07 Regular: MOTION: I move to approve the purchase of real property located on the southeast corner of North 28th Avenue and West Brown Street and authorize the City Manager to execute all documents necessary to effect the purchase. III. FISCAL IMPACT: $9,000 cash plus approximately $14,000 for construction of replacement parking. IV. HISTORY AND FACTS BRIEF: A. For the past several months the City has been working with business owners to improve access from Court Street to 28th Avenue, the location of automobile and recreational vehicle dealerships. B. The road needs to be widened in order to better accommodate the turning radius of large trucks used to haul vehicles and of RV's seeking to enter the area for service. C. Earlier this year the City acquired a vacant residence on the northwest corner of West Brown Street and North 26th Avenue. A portion of this property will be needed for an enhanced turning radius. V. DISCUSSION: A. The property in question is now utilized by the Plumbers Steamfitters Local Union # 558 as parking for their union hall located on the west side of 28th Avenue. B. Under the terms of the sales agreement, the City will pay $9,000 for the property, deed a portion of surplus right-of-way to the seller and construct parking to replace the spaces lost from the union hall parking lot. C. The City hopes to complete the entrance enhancement project by the end of this year. 10(a) « r , Q x Iw y kN" � ; � ii f c co ? i I i pN'k N CA cn O N i ._. " x IA oo C14 C14 V I 0 1 T cN 1, , N M i y CD T F, CV T M C� ! iI -k x AL Cn o 0) 'o Exhibit A Exhibit B 1 COMMERCIAL REAL ESTATE PURCHASE & SALE AGREEMENT 2 Date: July 3`d, 2007 3 The undersigned Buyer, City of Pasco a Washington Municipal Corporation , agrees to buy 4 and Seller agrees to sell, on the following terms, the commercial real estate and all 5 improvements thereon (collectively, the "Property") commonly known as: a PORTION 6 (approximately 2,087 square feet in size) of a residential lot at the Southeast corner of 7 28th and W. Brown St. (Lot 6 Block 2 Sunny Acres) in the City of Pasco, Franklin County, 8 Washington, legally described on attached Exhibit W. and graphically depicted on Exhibit 'B'. 9 A full and complete legal description of the "PORTION" of Lot 6, Block 2, of Sunny Acres to be 10 conveyed, will be attached hereto upon completion of a survey. 11 12 1. PURCHASE PRICE. The total purchase price is: Nine Thousand Dollars ($9.000.00 ), 13 including the earnest money, payable as follows: 14 © All cash at closing, including the earnest money, with no financing contingency. 15 16 ©Other: In addition to the cash price set forth above the Buyer shall deliver a deed to 17 Seller at Closino at no cost to Seller, for a parcel of land adjacent to property now owned 18 by the Seller and which parcel is a vacated road right of way (hereinafter referred to as 19 Parcel 'B'), and shall construct at Buyer's cost the improvements specified in paragraph 20 4 of this Agreement. 21 22 Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to 23 be a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate in 24 the completion of the like-kind exchange so long as the cooperating party incurs no 25 additional liability in doing so, and so long as any expenses (including attorneys fees and 26 costs) incurred by the cooperating party that are related only to the exchange are paid or 27 reimbursed to the cooperating party at or prior to closing. 28 29 2. EARNEST MONEY. Buyer agrees to deliver the earnest money in the amount of $1,000.00 30 in the form of a: ❑ Check © Promissory Note (CBA Form EMN) 31 If the Earnest Money is in the form of a Promissory Note, it shall be due no later than: 32 © Upon removal of the Inspection Contingencies in Section 5 below. ❑ days 33 after mutual acceptance. ❑ Other: 34 Buyer shall deliver the earnest money within K Two 2 days after mutual acceptance. 35 © Selling Licensee ❑ Closing Agent shall hold the earnest money. Selling Licensee may, 36 however, transfer the earnest money to Closing Agent. Buyer shall deliver the earnest 37 money no later than Two(2)days after mutual acceptance. 38 If the earnest money is to be held by Selling Licensee and is over $10,000.00, it shall be 39 deposited to a separate interest bearing trust account in Selling Licensee's name. The 40 interest, if any, shall be credited at closing to Buyer whose Social Security or taxpayer ID 41 Number is: N/A If this sale fails to close, whoever is entitled to the earnest money 42 is entitled to interest. 43 Selling Licensee shall deposit any check to be held by Selling Licensee within one business 44 day after receipt. Buyer agrees to pay financing and purchase costs incurred by Buyer. If all 45 or part of the earnest money is to be returned to Buyer and any such costs remain unpaid, Commercial Real Estate Purchase&Sale Agreement Page 1 of 12 46 Selling Licensee may deduct and pay them from the earnest money. Unless otherwise 47 provided in this Agreement, the earnest money shall be applicable to the purchase price and 48 shall be non-refundable except where a condition to Buyer's obligation under this Agreement 49 is not satisfied through no fault of Buyer. 50 3. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this 51 Agreement: 52 Exhibit A - Legal Description 53 Exhibit B —Graphical depiction of Property 54 [X] Earnest Money Promissory Note, CBA Form EMN 55 ❑ FIRPTA Certification, CBA Form 22E 56 ❑ Other: 57 58 4. CONTINGENCIES, COVENANTS AND CONDITIONS. 59 This Agreement is subject to the following contingencies: 60 61 (a) Buyer's ability to secure and deliver to Seller at Closing, a marketable title for Parcel 'B'. 62 (b) Buyer shall provide plans and specifications for the proposed road re-alignment and re- 63 configuration of Lot 6, Block 2, of Sunny Acres (the re-configured lot is to be retained by 64 Seller), providing for no net loss of available parking spaces available to Seller, including 65 that parking available on the Property conveyed by the Buyer to the Seller. 66 67 This Agreement is subiect to the following covenants and conditions: 68 69 (c) The Property is to be utilized for a road right-of-way, as per the plans and specifications 70 to be developed by the Buyer, and as generally depicted on Exhibit 'B'. 71 (d) The Buyer shall provide and pay for all design work, building permits and all physical 72 construction, including demolition of existing improvements, and installation of the proposed 73 new improvements (primarily, but not limited to asphalt paving, concrete curbs and gutters, 74 and re-striping of parking lots on both re-configured Lot 2 and Parcel 'B'). All parking lot 75 improvements shall be constructed in accordance with all City of Pasco building codes and 76 specifications and the International Building Codes (IBC). All new asphalt shall be installed 77 in a sufficient thickness to meet commercial development standards. Buyer shall provide a 78 paved entrance (curb cut) to the parking lot sufficient to provide vehicular access to the lot. 79 (e) Buyer shall commence the proposed construction within ninety (90) days of the date of 80 Closing, and shall work diligently to complete all such work within six (6) months from 81 commencement of construction, except for delays which may be due to circumstances 82 beyond Buyer's control (ie: acts of God, labor disputes, war, etc). 83 (f) Except for pro-rations of taxes and insurance, the Buyer shall pay all costs of sale for 84 Buyer and Seller, including, but not limited to: surveys, title insurance, boundary line 85 adjustments, dedication deeds, escrow / closing agent fees, and recordation of documents 86 necessary to effect transfer(s) of title. 87 (g) Any covenants set forth herein, which are to be performed or completed after Closing, 88 shall survive Closing and shall be binding upon and shall inure to the benefit of the parties, 89 their heirs, assigns, or successors in interest, as those interests may appear. 90 91 5. INSPECTION CONTINGENCY. Buyer may terminate this Agreement and Buyer shall 92 receive a refund of the earnest money if Buyer gives written notice to Seller within Forty-five 93 f45L days of mutual acceptance of this Agreement stating that Buyer is dissatisfied in 94 Buyer's sole and absolute discretion, concerning any aspect of the Property, including 95 without limitation, its physical condition; the presence of or absence of any hazardous Commercial Real Estate Purchase & Sale Agreement Page 2 of 12 96 substances; the contracts and leases affecting the property; the potential financial 97 performance of the Property; the availability of government permits and approvals; and the 98 feasibility of the Property for Buyer's intended purpose. 99 (a) Books, Records, Leases, Agreements. Seller shall make available for inspection by 100 Buyer and its agents as soon as possible but no later than ten (10) days after mutual 101 acceptance of this Agreement all documents available to Seller relating to the ownership, 102 operation, renovation or development of the Property, including without limitation: 103 statements for real estate taxes, assessments, and utilities; property management 104 agreements, service contracts, and agreements with professionals or consultants entered 105 into by the Seller or any predecessor in title to the Seller; leases of personal property or 106 fixtures; leases or other agreements relating to occupancy of all or a portion of the Property 107 and a schedule of tenants, rents, and deposits; plans, specifications, permits, applications, 108 drawings, surveys, studies and maintenance records; and accounting records and audit 109 reports. Buyer shall determine within the contingency period stated in the preceding 110 introductory paragraph whether it wishes and is able to assume, as of closing, all of the 111 foregoing leases, contracts, and agreements which have terms extending beyond closing. 112 Buyer shall be solely responsible for obtaining any required consents to such assumption. 113 Seller shall transfer the leases, contracts and agreements as provided in Section 17 of this 114 Agreement. 115 (b) Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk to 116 enter the Property at reasonable times after legal notice to tenants, to conduct inspections 117 concerning the Property and improvements, including without limitation, the structural 118 condition of improvements, hazardous materials (limited to a Phase I audit only), pest 119 infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the 120 feasibility of the Property for Buyer's intended use. Buyer shall schedule any entry onto the 121 Property with Seller in advance. Buyer shall not perform any invasive testing or contact the 122 tenants without obtaining the Seller's prior written consent, which shall not be unreasonably 123 withheld. Buyer shall restore the Property and improvements to the same condition they 124 were in prior to inspection. Buyer agrees to indemnify and defend Seller from all liens, costs, 125 claims, and expenses, including attorneys' and experts' fees, arising from or relating to entry 126 onto or inspection of the Property by Buyer and its agents. This agreement to indemnify and 127 defend Seller shall survive closing. Buyer may continue to enter the Property and interview 128 tenants in accordance with the foregoing terms and conditions after removal or satisfaction 129 of the inspection contingency only for the purpose of re-sale, leasing or to satisfy conditions 130 of financing. 131 132 6. TITLE INSURANCE. 133 (a) Title Report. Seller authorizes Lender and Listing Agent, Selling Licensee or Closing 134 Agent, at Seller's expense, to apply for and deliver to Buyer a © standard ❑ extended 135 (standard, if not completed) coverage owner's policy of title insurance. If an extended 136 coverage owner's policy is specified, Buyer shall pay the increased costs associated with 137 that policy, including the excess premium over that charged for a standard coverage policy, 138 and the cost of any survey required by the title insurer. In the event the Seller is unable to 139 deliver a marketable title at closing, Seller shall reimburse the Buyer for the actual cost 140 (if any) of a survey required by title insurer, not to exceed ( N/A ) Dollars . The title report 141 shall be issued by Benton-Franklin Title Company. 142 (b) Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title 143 commitment or any supplemental report within ten (10) days after receipt of such 144 commitment or supplement. This Agreement shall terminate and Buyer shall receive a Commercial Real Estate Purchase& Sale Agreement Page 3 of 12 145 refund of the earnest money, less any costs advanced or committed for Buyer, unless (a) 146 within ten (10) days of Buyer's notice of such objections, Seller agrees to remove all 147 objectionable provisions, or (b) within fifteen (15) days after Buyer's notice of such 148 objections, Buyer notifies Seller in writing that it waives any objections which Seller does not 149 agree to remove. The closing date shall be extended to the extent necessary to permit time 150 for these notices. Those provisions not objected to or for which Buyer waived its objections 151 shall be referred to collectively as the "Permitted Exceptions." The title policy shall contain 152 no exceptions other than the General Exclusions and Exceptions common to such form of 153 policy and the Permitted Exceptions. 154 7. CLOSING OF SALE. This sale shall be closed within Thirty (30) days after satisfaction or 155 waiver of all contingencies, but in any event no later than October 15. 2007 ("closing") by 156 Benton-Franklin Title & Escrow ("Closing Agent"). Buyer and Seller will, immediately on 157 demand, deposit with Closing Agent all instruments and monies required to complete the 158 purchase in accordance with this Agreement. "Closing" shall be deemed to have occurred 159 when all documents are recorded and the sale proceeds are available to Seller. Time is of 160 the essence in the performance of this Agreement. 161 162 8. CLOSING COSTS. Buyer shall pay the excise tax and premium for the owner's standard 163 coverage title policy. Buyer shall pay the escrow fees. Real and personal property taxes 164 and assessments payable in the year of closing; rents on any existing tenancies; interest; 165 mortgage reserves; utilities; and other operating expenses shall be pro-rated as of closing. 166 Buyer shall pay all costs of financing including the premium for the lender's title policy. 167 Security, cleaning, and any other unearned deposits on tenancies, and remaining mortgage 168 or other reserves shall be assigned to Buyer at closing. The real estate commission is due 169 on closing or upon Seller's default under this Agreement, whichever occurs first, and neither 170 the amount nor due date thereof can be changed without Listing Agent's written consent. 171 (a)Unpaid Utility Charges. Buyer and Seller WAIVE the right to have the Closing Agent 172 disburse closing funds necessary to satisfy unpaid utility charges affecting the Property 173 pursuant to RCW 60.80. If "do not waive" is checked, then attach CBA Form UA ("Utility 174 Charges" Addendum). If neither box is checked, then the "do not waive" option applies. 175 176 9. POST-CLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After closing, 177 Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or 178 payment thereof to the extent those items were prorated or credited at closing based upon 179 estimates. Any bills or invoices received by Buyer after closing which relate to services 180 rendered or goods delivered to the Seller or the Property prior to closing shall be paid by 181 Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or 182 invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum 183 beginning fifteen (15) days from the date of Buyer's written demand to Seller for 184 reimbursement until such reimbursement is made. Rents collected from each tenant after 185 closing shall be applied first to rentals due most recently from such tenant for the period 186 after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals 187 owed for a period prior to closing. The amounts applied for the benefit of Seller shall be 188 turned over by Buyer to Seller promptly after receipt. 189 190 10. OPERATIONS PRIOR TO CLOSING. Prior to closing, Seller shall continue to operate the 191 Property in the ordinary course of its business and maintain the Property in the same or 192 better condition than as existing on the date of mutual acceptance of this Agreement, but Commercial Real Estate Purchase & Sale Agreement Page 4 of 12 193 shall not be required to repair material damage from casualty except as otherwise provide in 194 this Agreement. Seller shall not enter into or modify existing rental agreements or leases 195 (except that Seller may modify or terminate residential rental agreements or leases in the 196 ordinary course of its business), service contracts, or other agreements affecting the 197 Property which have terms extending beyond closing without first obtaining Buyer's consent, 198 which shall not be unreasonably withheld. 199 200 11. POSSESSION. Buyer shall be entitled to possession, subject to existing tenancies (if any), 201 on date of closing. 202 12. SELLER'S REPRESENTATIONS. Seller represents to Buyer that, to the best of Seller's 203 knowledge, each of the following is true as of the date hereof and shall be true as of closing: 204 (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its 205 obligations under the Agreement. 206 (b) All books, records, leases, agreements and other items delivered to Buyer pursuant to 207 this Agreement are accurate and complete. 208 (c) The Property and the business conducted thereon comply with all applicable laws, 209 regulations, codes and ordinances. 210 (d) Seller has all certificates of occupancy, permits, and other governmental consents 211 necessary to own and operate the Property for its current use. 212 (e) There is no pending or threatened litigation which would adversely affect the Property or 213 Buyer's ownership thereof after closing. 214 (fl There are no covenants, conditions, restrictions, or contractual obligations of Seller which 215 will adversely affect Buyer's ownership of the Property after closing or prevent Seller from 216 performing its obligations under the Agreement, except as disclosed in the preliminary 217 commitment for title insurance or as otherwise disclosed to Buyer in writing prior to the end 218 of the inspecting contingency stated in Section 5 above. 219 (g) There is no pending or threatened condemnation or similar proceedings affecting the 220 Property, and except as otherwise disclosed in the preliminary commitment for title 221 insurance as or otherwise disclosed to Buyer in writing prior to closing, the Property is not 222 within the boundaries of any planned or authorized local improvement district. 223 (h) Seller has paid (except to the extent prorated at closing) all local, state and federal taxes 224 (other than real and personal property taxes and assessments described in Section 8 225 above) attributable to the period prior to closing which, if not paid, could constitute a lien on 226 Property (including any personal property), or for which Buyer may be held liable after 227 closing. 228 (i) Seller represents that, to the best of Seller's knowledge, there are no pending or 229 threatened notices of violation of building, zoning, or land use codes applicable to the 230 Property. 231 0) Seller is not aware of any concealed material defects in the Property except: None 232 unless specifically set forth on a separate Exhibit by Seller) 233 Seller makes no representations or warranties regarding the Property other than those 234 specified in this Agreement; Buyer otherwise takes the Property "AS IS," and Buyer shall 235 otherwise rely on its own pre-closing inspections and investigations. 236 237 13. HAZARDOUS SUBSTANCES. Except as disclosed to or known by Buyer prior to the 238 satisfaction or waiver of the inspection contingency stated in Section 5 above, Seller Commercial Real Estate Purchase &Sale Agreement Page 5 of 12 239 represents to Buyer that, to the best of its knowledge: (1) there are no Hazardous 240 Substances (as defined below) currently located in, on, or under the Property in a manner or 241 quantity that presently violates any Environmental Law (as defined below); (ii) there are no 242 underground storage tanks located on the Property; and (iii) there is no pending or 243 threatened investigation or remedial action by any governmental agency regarding the 244 release of Hazardous Substances or the violation of Environmental Law at the Property. As 245 used herein, the term "Hazardous Substances" shall mean any substance or material now or 246 hereafter defined or regulated as a hazardous substance, hazardous waste, toxic 247 substance, pollutant, or contaminant under any federal, state, or local law, regulation, or 248 ordinance governing any substance that could cause actual or suspected harm to human 249 health or the environment ("Environmental Law"). The term "Hazardous Substances" 250 specifically includes, but is not limited to, petroleum, petroleum by-products, and asbestos. 251 252 14. PERSONAL PROPERTY. 253 (a) This sale includes all right, title and interest of Seller to the following tangible personal 254 property: © None ❑ That portion of the personal property located on and used in 255 connection with the Property, which Seller will itemize in an Addendum to be attached to this 256 Agreement within ten (10) days of mutual acceptance (None, if not completed). The value 257 assigned to the personal property shall be the amount agreed upon by the parties and, if 258 they cannot agree, the County-assessed value if available, and if not available, the fair 259 market value determined by an appraiser selected by the Listing Agent and Selling 260 Licensee. Seller warrants title to, but not the condition of, the personal property and shall 261 convey it by bill of sale. Buyer shall pay any sales or use tax arising from the transfer of the 262 personal property. 263 (b) In addition to the leases, contracts and agreements assumed by Buyer pursuant to 264 Section 5a above, this sale includes all right, title and interest of Seller to the following 265 intangible property now or hereafter existing with respect to the Property including without 266 limitation: all rights-of-way, rights of ingress or egress or other interests in, on, or to, any 267 land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, 268 abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, 269 plans, specifications and other architectural or engineering work product; all governmental 270 permits, certificates, licenses, authorizations and approvals; all utility, security and other 271 deposits and reserve accounts made as security for the fulfillment of any of Seller's 272 obligations; any name of or telephone numbers for the Property and related trademarks, 273 service marks or trade dress; and guaranties, warranties or other assurances of 274 performance received. 275 276 15. CONDEMNATION AND CASUALTY. Buyer may terminate this Agreement and obtain a 277 refund of the earnest money, less any costs advanced or committed for Buyer, if 278 improvements on the Property are destroyed or materially damaged by casualty before 279 closing, or if condemnation proceedings are commenced against all or a portion of the 280 Property before closing. 281 282 16. FIRPTA - TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a 283 certification (CBA or NWMLS Form 22E, or equivalent) that Seller is not a "foreign person" 284 within the meaning of the Foreign Investment in Real Property Tax Act. Seller agrees to sign 285 this certification. If Seller is a foreign person, and this transaction is not otherwise exempt Commercial Real Estate Purchase & Sale Agreement Page 6 of 12 286 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the 287 Internal Revenue Service. 288 289 17. CONVEYANCE. Title shall be conveyed by a Statutory Warranty Deed, subject only to the 290 Permitted Exceptions. If this Agreement is for conveyance of Seller's vendee's interest in a 291 Real Estate Contract, the Statutory Warranty Deed shall include a contract vendee's 292 assignment sufficient to convey after acquired title. At closing, Seller and Buyer shall 293 execute and deliver to Closing Agent CBA Form No. PS-AS Assignment and Assumption 294 Agreement transferring all leases, contracts and agreements assumed by Buyer pursuant to 295 Section 5a and all intangible property transferred pursuant to Section 14b. 296 18. NOTICES AND COMPUTATION OF TIME. Unless otherwise specified, any notice required 297 or permitted in, or related to, this Agreement (including revocations of offers and 298 counteroffers) must be in writing. Notices to Seller must be signed by as least one Buyer 299 and must be delivered to Seller and Listing Agent. A notice to Seller shall be deemed 300 delivered only when received by Seller, Listing Agent, or the licensed office of Listing Agent. 301 Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer and 302 Selling Licensee. A notice to Buyer shall be deemed delivered only when received by Buyer, 303 Selling Licensee, or the licensed office of Selling Licensee. Selling Licensee and Listing 304 Agent have no responsibility to advise a party of their receipt of a notice beyond either 305 phoning the party, or causing a copy of the notice to be delivered to the party's address on 306 this Agreement. Buyer and Seller must keep Selling Licensee and Listing Agent advised of 307 their whereabouts to receive prompt notification of receipt of a notice. 308 Unless otherwise specified in this Agreement, any period of time in this Agreement shall 309 begin the day after the event starting the period and shall expire at 5:00 p.m. Pacific time of 310 the last calendar day of the specified period of time, unless the last day is a Saturday, 311 Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of 312 time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any 313 specified period of five (5) days or less shall not include Saturdays, Sundays or legal 314 holidays. 315 316 19.AGENCY DISCLOSURE. At the signing of this Agreement, Selling Licensee E. A. 'Rusty' 317 Morse / Coldwell Banker Commercial —Adams Realty represented the Buyer. The Listing 318 Agent N/A represented N/A . 319 If Selling Licensee and Listing Agent are different salespersons affiliated with the same 320 Broker, then Seller and Buyer confirm their consent to Broker acting as a dual agent. If 321 Selling Licensee and Listing Agent are the same person representing both parties, then 322 Seller and Buyer confirm their consent to that person and his/her Broker acting as dual 323 agents. If Selling Licensee, Listing Agent or their Broker are dual agents, then Seller and 324 Buyer consent to Selling Licensee, Listing Agent and their Broker being compensated based 325 on a percentage of the purchase price or as otherwise disclosed on an attached addendum. 326 Buyer and Seller, by their execution of this Agreement, confirm receipt of the pamphlet 327 entitled "The Law of Real Estate Agency." 328 329 20. ASSIGNMENT. Buyer©may ❑ may not (may not, if not completed) assign this 330 Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless 331 provided otherwise herein. Commercial Real Estate Purchase &Sale Agreement Page 7 of 12 332 333 21. DEFAULT AND ATTORNEY'S FEE. In the event Buyer fails, without legal excuse, to 334 complete the purchase of the Property, then (check one): 335 © that portion of the earnest money which does not exceed five percent (5%) of the 336 purchase price shall be kept by Seller as liquidated damages (subject to Seller's obligation 337 to pay certain costs or a commission, if any) as the sole and exclusive remedy available to 338 Seller for such failure; or 339 ❑ Seller may, at its option, (a) keep as liquidated damages all of the earnest money 340 (subject to Seller's obligation to pay certain costs or a commission, if any) as the sole and 341 exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's 342 actual damages, (c) bring suit to specifically enforce this Agreement and recover any 343 incidental damages, or(d) pursue any other rights or remedies available at law or equity. 344 If Buyer or Seller institutes suit concerning this Agreement, the prevailing party is entitled to 345 reasonable attorneys' fees and expenses. In the event of trial, the court shall fix the amount 346 of the attorney's fee. The venue of any suit shall be the county in which the Property is 347 located, and the laws of the state where the Property is located shall govern this Agreement. 348 349 22. MISCELLANEOUS PROVISIONS. 350 (a) Complete Agreement. The Agreement and any addenda and exhibits to it state the 351 entire understanding of-Buyer and Seller regarding the sale of the Property. There are no 352 verbal or written agreements that modify or affect the Agreement. 353 (b) No Merger. The terms of the Agreement shall not merge in the deed or other 354 conveyance instrument transferring the Property to Buyer at closing. The terms of this 355 Agreement shall survive closing. 356 (c) Counterpart Signatures. The Agreement may be signed in counterpart, each signed 357 counterpart shall be deemed an original, and all counterparts together shall constitute one 358 and the same agreement. 359 (d) Facsimile Transmission. Facsimile transmission of any signed original document, and 360 retransmission of any signed facsimile transmission, shall be the same as delivery of an 361 original. At the request of either party, or the Closing Agent, the parties will confirm facsimile 362 transmitted signatures by signing an original document. 363 364 23. ACCEPTANCE; COUNTEROFFERS. Seller has until 5:00 pm PST on July 6th , 2007 to 365 accept this offer, unless sooner withdrawn. If this offer is not timely accepted, it shall lapse 366 and the earnest money shall be refunded to Buyer. If either party makes a future 367 counteroffer, the other party shall have until 5:00 p.m. on the second business day following 368 its receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not 369 timely accepted or countered, this Agreement shall lapse and the earnest money shall be 370 refunded to the Buyer. No acceptance, offer or counteroffer from the Buyer is effective until 371 the Seller, the Listing Agent or the licensed office of the Listing Agent receives a signed 372 copy. No acceptance, offer or counteroffer from the Seller is effective until the Buyer, the 373 Selling Licensee or the licensed office of the Selling Licensee receives a signed copy. 374 24. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to 375 deliver to Seller within ten (10) days of Seller's written request copies of all materials 376 received from Seller and any plans, studies, reports, inspections, appraisals, surveys, Commercial Real Estate Purchase &Sale Agreement Page 8 of 12 377 drawings, permits, application or other development work product relating to the Property in 378 Buyer's possession or control as of the date this Agreement is terminated. 379 380 25. CONFIDENTIALITY. Until and unless closing has been consummated, Buyer will treat all 381 information obtained in connection with the negotiation and performance of this Agreement 382 as confidential (except for any information that Buyer is required by law to disclose and then 383 only after giving Seller written notice at least three (3) days prior to the disclosure) and will 384 not use or knowingly permit the use of any confidential information in any manner 385 detrimental to Seller. 386 26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the 387 Property on the terms and conditions herein. The Buyer shall pay a commission to Selling 388 Broker in accordance with the terms of a separate agreement with Selling Broker. If the 389 earnest money is retained as liquidated damages, any costs advanced or committed by 390 Listing Agent or Selling Licensee for Buyer or Seller shall be reimbursed or paid from the 391 earnest money, and the balance shall be paid one-half to Seiler and one-quarter each to 392 Selling and Listing Licensees, or as otherwise specified in the Listing Agreement or co- 393 brokerage agreement. In any action by Listing Agent or Selling Licensee to enforce this 394 Section, the prevailing party is entitled to reasonable attorneys' fees and expenses. Neither 395 Listing Agent nor Selling Licensee are receiving compensation from more than one party to 396 this transaction unless disclosed on an attached addendum, in which case Buyer and Seller 397 consent to such compensation. The Property described in attached Exhibit 'A', is 398 commercial real estate. Notwithstanding Section 25 above, the pages containing this 399 section, the parties' signatures and an attachment describing the Property may be recorded. 400 401 27. LISTING AGENT AND SELLING LICENSEE DISCLOSURE. EXCEPT AS OTHERWISE 402 DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING LICENSEE, LISTING 403 AGENT, AND BROKERS HAVE NOT MADE ANY REPRESENTATIONS OR 404 WARRANTIES CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S 405 OR SELLER'S FINANCIAL STRENGTH, OR THE PROPERTY, INCLUDING WITHOUT 406 LIMITATION, THE PROPERTY'S ZONING, COMPLIANCE WITH APPLICABLE LAWS 407 (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR 408 HAZARDOUS MATERIALS. SELLER AND BUYER ARE EACH ADVISED TO SEEK 409 INDEPENDENT LEGAL AND TAX ADVICE ON THESE AND OTHER MATTERS RELATED 410 TO THIS AGREEMENT. 411 412 Buyer: City of Pasco, a Washington Municipal Corporation 413 414 By: Date: , 2007 415 Its: 416 417- Office Phone: 509-545-3441 Cell Fax No. 509-545-3499 418 Print Buyer's Name: City of Pasco, a Washington Municipal Corporation 419 Buyer's Address: P. O. Box 293 / Pasco WA. 99301 420 421 Selling Office: Coldwell Banker Commercial—Adams Realty Commercial Real Estate Purchase & Sale Agreement Page 9 of 12 422 Office Phone: (509) 783-1394 Other Phone: (509) 737-3021 Fax No. (509) 737-3070 423 Address: 8 6 a e Ivd. /Suite 201-B / Kennewick WA. 99336 424 By: Print Name E. A. 'Rusty' Morse 425 426 Acceptance/Counteroffer: 427 428 Subject to Seller's counteroffer or modifications, if any, Seller agrees to sell the Property on the 429 terms and conditions specified herein. Seller acknowledges receipt of a copy of this Agreement, 430 signed by both parties. ❑ Seller's counteroffer and/or modifications are hereby made a part of 431 this Agreement. Buyer shall have until , 2007, unless sooner withdrawn, 432 within which to accept Seller's counteroffer or modifications hereto. Acceptance shall not be 433 effective until an executed copy is actually received by Seller or delivered to the office of the 434 Listing Agent. 435 436 Seller: Plumbers and Steamfitters Local Union #598 437 438 By: Date 439 Its: 440 441 Home Phone: Office Phone: Fax No. 442 Print Seller's Name: 443 Seller's Address: 444 445 28. BUYER'S RECEIPT. Buyer acknowledges receipt of a Seller signed copy of this 446 Agreement, on , 2007. 447 448 Buyer: Buyer: _ 449 Commercial Real Estate Purchase&Sale Agreement Page 10 of 12 489 EXHIBIT 'B' CD 120 1 1 _...... o .' 1 d I � 490 Commercial Real Estate Purchase & Sale Agreement Page 12 of 12 4 Coldwell Banker Commercial/Adams Realtj'Copyright 1999-2005 8836 W Gage Blvd, Suite 201-B commercial Brokers Association (� All Rights Reserved Kennewick,WA 99336 Phone: (509)783-1394 CBA Form No.EMN Fax: (509)735-2478 Earnest Money Promissory Note Rev.12199 Page 1 of 1 EARNEST MONEY PROMISSORY NOTE CBA Text Disclaimer. Text deleted by licensee indicated by strike.New text inserted by licensee indicated by small capital letters. $ 1,000.00 Place: Paasco. Wa. .Date: July .2007 FOR VALUE RECEIVED, the undersigned ("Buyer") agrees to pay to the order of Coldwell Banker Commercial-Adams Realty the sum of One Thousand Dollars($1.000)as follows: ❑ days (3 days if not filled in) following mutual acceptance of the Purchase Agreement (as defined below). ® Upon satisfaction or waiver of the feasibility contingency stated in the Purchase Agreement. ❑ Other This Note is evidence of the obligation to pay earnest money under the Purchase and Sale Agreement (the "Purchase Agreement") between the Buyer and Plumbers & Steamfitters Local #598 ("Seller')dated July 3, 2007 for the property located at: the SEC and the NEC of 29 th& Brown in Pasco WA. Buyer's failure to pay the earnest money strictly as above shall constitute default on said Purchase Agreement as well as on this Note. If this Note shall be placed in the hands of an attorney for collection, or if suit shall be brought to collect any of the balance due on this Note, Buyer promises to pay a reasonable attorney's fee as fixed by the Court, and all court and collection costs. This Note shall bear interest at the rate of twelve percent (12%) per annum after default. BUYER: By: Name/Title: } AGENDA REPORT NO. 60 FOR: City Council DATE: 8/1/07 TO: Gary Crutchfie anager WORKSHOP: REGULAR: 8/6/07 FROM: David I. McDo ald, City Planner SUBJECT: SPECIAL PERMIT: Placement of Cell Antennas on Road 76 Water Tower (Clearwire US) (MF #SP 07-005) I. REFERENCE(S1: A. Report to Planning Commission: B. Planning Commission Minutes: Dated 6/21/07 & 7/ 19/07 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the location of wireless communication equipment on the water tower located at Road 76 and Sandifur Parkway as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 21, 2007 the Planning Commission conducted a public hearing to consider a special permit application for the location of cellular phone equipment on the new water tower located at Road 76 and Sandifur Parkway. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit the proposed cellular equipment on the new water tower. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(b) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 07-005 APPLICANT: Clearwire US LLC HEARING DATE: 06/21/07 P.O. Box 2123 ACTION DATE: 07/ 19/07 Richland, WA 99352 BACKGROUND REQUEST: SPECIAL PERMIT: Wireless Communication Equipment on New Road 68 water tank. 1. PROPERTY DESCRIPTION: Legal: The west 500 ft of the north 500 ft. of the NW quarter of the NE quarter of Section 9 North, Range 29 East, WM General Location: The southeast corner of Road 76 and Sandifur Parkway Property Size: 5 acres 2. ACCESS: Sandifur Parkway and Road 76 provide access to the site. 3. UTILITIES: Although water and sewer are available to the site the proposed use does not need standard municipal services. 4. LAND USE AND ZONING: The site is currently occupied by the "Road 68 Water Tower" and the "New Water Tower". Property to the east is currently being developed with a Walgreens Drug Store and a Schucks Auto Supply store. Properties to the north and south are zoned C-1 and are vacant. Island Estates, zoned R-1 and developed with single family homes is located to the west. 5. COMPREHENSIVE PLAN: Goal OF-2 suggests the City ought to maintain land use flexibility in regard to placement of infrastructure for public and private utilities. Policy OF-2-A encourages the sound management of all energy and communication utilities through coordination and cooperation dealing with construction of such facilities. Policy OF-2-B encourages the placement of utility substations which are necessary for the surrounding neighborhood. T t 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 7. HISTORY: Following the direction in the Comprehensive Plan, several years ago, the City established land use regulations for the location and placement of wireless communication towers. Wireless communication Towers are permitted uses in all industrial or C-3 zoning districts provided the location in such districts is not closer than 500 feet to a residential district. In such cases the tower/equipment would require special permit approval. In addition wireless communication towers are permitted by special permit in all zoning districts provided the tower/equipment is attached to or located on a building that is 35 feet high or higher and/or is to be located on a publicly owned facility such as land or buildings owned by the City, Port, County or school district. All building permit applications for wireless communication equipment must be accompanied by stamped engineered drawings and appropriate documentation from the FCC and FAA. ANALYSIS The proposed location of the wireless communication equipment falls under the provisions of PMC 25.70.070, which requires review and approval by special permit prior to the issuance of a building permit. The proposed site is located in the rapidly growing Rd 68 area and is ideally suited to provide enhanced cellular service to the expanding community. The proposal calls for the placement of an antenna array and microwave dish flush mounted on the new Rd 68 water tank approximately 90 feet above ground level. The antenna array will blend in with the textured concrete of the tower and will be virtually invisible from adjoining streets. A small (20' by 30) equipment compound will be located at the base of the water tower. The zoning regulations were specifically developed to permit (through special permit review) cellular tower/antenna equipment on property such as the water tower site. The water tower is well over the 35 foot requirement provided for in the municipal code. Use of the water tower for the proposed cellular equipment eliminates the need to erect a separate cellular tower thereby lessening the visual impact upon the community. The existing water tower currently has cellular equipment attached to it. 2 The proposal will occupy such a minor portion of the water tower site that it will not change the primary use of the property nor does it affect future uses in the area. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in a C-1 zone. 2. The site is occupied by two existing municipal water towers. 3. The existing water towers currently have wireless communication equipment attached to them. 4. The existing water tower that the equipment will be mounted on is approximately 160 feet tall. 5. PMC 25.70.070 specifically lists water reservoirs as locations acceptable for cellular equipment through the special permit review process. 6. The walls of the water tower are textured. 7. The proposed antennas will be located in the texture portion of the proposed tank. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan goal OF-2 and policy OF-2-A discuss the need for sound management and coordination in the location of utilities and community faculties. 2) Will the proposed use adversely affect public infrastructure? The proposed use is a part of the communication network utilized by the general public. The proposed equipment will be located in such a manner so as not to impact other public utilities or services. 3 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed cellular equipment located with the water towers will create no visual impact on surrounding neighborhoods. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposed equipment will be located on a 163 foot structure adjacent a 159 foot structure. The existing water tower with cellular equipment has not discouraged development surrounding the site. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed equipment will create no fumes or noise and will create no additional glare. The cellular equipment on the existing water tower has not created any objectionable conditions. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposal is required to be designed by a professional engineer to withstand the forces of nature. The proposal will benefit surrounding properties by providing enhance cellular service to the area. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 19, 2007 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Clearwire US LLC for the location of wireless equipment on the new Road 68 water tower with conditions as contained in the July 19, 2007 staff report: Proposed Approval Conditions 1) The special permit shall be personal to the applicant; 4 2) The antennas shall be installed in substantial conformity with the plans submitted with the application; 3) The wireless communication antennas shall not be used for advertising or other non-communication purposes; 4) The antennas and supports shall be painted to match the color of the water tower; 5) The special permit shall be null and void if a building permit has not been obtained by January 31, 2007. 5 qq TO { z f T,�i it I $s t $ .Ll J f Nr i ]§�- MU 4m Ct AF x1 t���:, �alp' �' �'" s :�`,Ya, '� aa.a.�.J�tS 4�.. •'. � k�.h��!�t,�°7���r3�a=, .. • � jx a �: :`'k'4 � ��i: �' EXRE Z U cu L a) -� E `}..� CU E O > U 6$ � R W U 4� O c W � U > c :D F- • u- Cn U • • z � C Q U . . U) . . RD 76 I L � 4J LN c > o r C- C) z Z w � >F31 0 z 1 4-4 U 4J 1 U • ON 68 � R 1 � � U d� O W • �+ p u. (n � C Q V� U . . C6 . . 4 RD 76 H T LN M 1 O � p N z Z 3ldads � Y - i I ( II II ( I I�bQ®aIsaEl o JJ� --4---x --2!11_l 111UOMd j cj o �N U b oi o .IBZ 3:N d(3) Y Qa n ( Q 33N3d(3] o a I E ---__--- -_- ! u _-- - J cz --3NIl 11.10Nd w sc OV08 I W i I VGVX31 I I a o Ld w gg a rn 'J"I I I J� §2 � § � | ■ § % . ■% � a � K ) ■& § §§ §!| § §§ � |§ § ■ %§ ■ §2 ® § | § §� §.■ § B§ | § § m ■ § d § |$$ -gN m § a: 4 B � §§ §) @ §a■ .\ / ~x/\\r � ,§f | � ` | . | n ~ © § 7$■$ REGULAR MEETING JUNE 21, 2007 PLANNING COMMISSION MEETING MINUTES B. Special Permit Location of Wireless Communications Equipment On New Rd 68 Water Tower (Sandifur Pkwy & Rd 76) (Clearwire US) (MF# SP 07-005) Chairman McCollum read the master file number and asked staff for a report. Staff stated that notice of the hearing was published in the newspaper and mailed to surrounding property owners. As a result of that mailing, staff received a letter from an adjoining property owner, a copy of which was provided for each Commissioner. The letter expressed concern over the proposal. Staff explained the proposal was for the installation of wireless equipment on the new water tower east of Road 76. The Planning Commission recently reviewed a proposal that resulted in the recommendation for another company to install wireless equipment on the water tower. Staff reviewed the written report and the code provisions that permit wireless equipment on tall structures in the community. Commissioner Schouviller, in looking at the Mount Shasta report, are there any government regulations as to how much radiation can be emitted from a system like this that you are aware of? Staff stated that we are not aware of what those numbers would be. They are regulated by the Federal Communication Commission. Staff also pointed out that wireless antennas have been located top of apartment buildings here in Pasco-- The Housing Authority high is one example. It is also very common to have cellular equipment located on tall offices buildings and in residential neighborhoods. Commissioner Schouviller stated that he knows in the past there were concerns about certain levels of electromagnetic waves under power lines and then, for some reason or another, that issue seemed to go away. Commissioner Rose stated he felt these people mean well but he just doesn't feel that their objections have any valid scientific opinion. Commissioner Samuel asked what the ultimate plan was for the site. Is it going to stay vacant or is it going to be turned into a park? Staff reviewed some of the possible improvements for the site. Commissioner Little asked for comments on the noise level. Staff could not comment. They were not aware the facilities made much noise. Staff has not heard any complaints about noise in the past. Staff has also not heard any complaints form the Housing Authority about the wireless equipment on the high rise. The Chairman opened the Public Hearing. Mintai Liu, 5411 Texada Lane, addressed the Commission and explained that she lives near the water tower. She is strongly opposed to the construction of additional antennas due to the noise and adverse health affects produced by transmission waves. Commissioner Samuel asked for a description of the sound produced by the tower. Ms Liu described the sound as being similar to that which is produced in the Council Chambers. Commissioner Cruz asked if Ms Lue had requested assistance or filed a complaint with the FCC, regulatory body for equipment that already exists on the tower. Ms Liu responded that no, she did not know who to ask until she received the hearing notification and is using this opportunity to address the issue. Commission Cruz stated that, based on the staff report, the FCC would be a more appropriate avenue for Ms Liu's concerns relative to the existing equipment. Commissioner McCollum stated that it is his opinion, not . necessarily the Commissions, that because there are already existing regulations and existing equipment, it would be difficult for the Commission to deny the petition based on what Ms. Lue has presented. Commission Cruz stated one of the things that would probably give Ms Liu some comfort is to ask for the FCC to review the situation to see whether they are operating in compliance today. Chairman McCollum stated that he does not think the Commission could solve that problem and agreed a good alternative for Ms Lue would be to contact the FCC. After three calls for public comment the Chairman closed the Public Hearing. Commissioner Schouviller moved to close the hearing on the proposed Special Permit and to initiate deliberations and schedule adoption of Findings of Fact Conclusions and a Recommendation to the City Council for the July 19, 2007 meeting. Commissioner Little seconded the motion; motion carried unanimously. REGULAR MEETING JULY 19, 2007 PLANNING COMMISSION MEETING MINUTES B. Special Permit Location of Wireless Communications Equipment On New Rd 68 Water Tower (Sandifur Pkwy & Rd 76) (Clearwire US) (MF# SP 07-005) Vice Chairman Samuel introduced the item and explained that it had been presented at the last meeting and public comment had been received at that time. No further public comments will be taken during the deliberations. Staff noted that this item was brought before the Planning Commission for a public hearing at the June 21, 2007. At that time testimony from staff and concerned citizens was presented. Staff discussed procedures regarding public testimony, comment, objections, and data submittal for the Planning Commissions consideration. Vice Chairman Samuel acknowledged Ms Liu's prior testimony and noted that the timeframe for voicing objections was the last Planning Commission meeting. He felt that Ms Liu did a great job explaining her position and that the commissioners had a good understanding. Vice Chairman Samuel asked for additional comments or questions. Commissioner Anderson moved to adopt the Findings of Fact and Conclusions there from as contained in the July 19, 2007 Staff Report. Commissioner Hay seconded the motion; motion carried unanimously. Commissioner Anderson moved based upon the Findings of Fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Clearwire US LLC for the location of wireless equipment on the new Road 68 water tower with conditions as contained in the July 19, 2007 staff report. Commissioner Hay seconded the motion; motion carried unanimously. Staff discussed the process regarding the Planning Commission recommendation to City Council and the options available for appeal. Vice Chairman noted that, as a citizen advisory commission to the City Council, that the Commission has looked at the facts and this is the Planning Commissions recommendation. AGENDA REPORT NO. 61 FOR: City Council DATE: 8/ l/07 TO: Gary Crutchfi anager WORKSHOP: REGULAR: 8/6/07 FROM: David I. McDonald, City Planner SUBJECT: SPECIAL PERMIT: Expansion of Our Lady of Lourdes Hospital Surgery (MF #SP 07-006) I. REFERENCEISI: A. Report to Planning Commission B. Planning Commission Minutes: Dated 6/21/07 and 7/ 19/07. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for a surgery addition at Our Lady of Lourdes Hospital, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 21, 2007 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for a 3,966 square foot building expansion for the Lourdes Hospital complex. B.Following conduct of a public hearing, the Planning Commission reasoned that with conditions, the hospital expansion should be approved. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: VI. ADMINISTRATIVE ROUTING: 10(c) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-07-006 APPLICANT: Lourdes Medical Center HEARING DATE: 06/21/07 520 North 4th Avenue ACTION DATE: 07/ 19/07 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Addition to surgery center at the existing hospital in an R-1 Zone. 1. PROPERTY DESCRIPTION: Legal: Lot A, Block 2, Gerry's Addition together with south 1/2 of vacated Park Street adjacent. General Location: 520 North 4th Avenue Property Size: Approximately 3.45 acres. 2. ACCESS: The site has access from both North 5th Ave and North 4th Ave. 3. UTILITIES: The property is currently connected to municipal utilities. 4. LAND USE AND ZONING: The site is zoned R-1 (Low Density Residential) and is developed with the Our Lady of Lourdes Hospital. Surrounding zoning and land use is as follows: NORTH- C-1 and R-1/Additional hospital property SOUTH- C-1 and R-3/Additional hospital property EAST- R-1 and R-3/Additional hospital parking, facilities and a City park WEST- R-1/Residential neighborhood 5. COMPREHENSIVE PLAN: The Comprehensive Plan makes provisions for the siting of facilities of a county wide nature such as a hospital (CP 2.2 Policy # 4.) 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). DISCUSSION The proposal calls for an addition to the west side of the existing hospital on North 4th Avenue. The addition will accommodate three new operating rooms, an enlarged recovery area and additional support space. The property in question has been occupied by the Lourdes Medical Center for nearly 90 years. Site improvements consist of a parking lot, the hospital facilities and areas of well maintained landscaping. The proposed facility is classified as a community service facility and as such can only be located in the community following a review through the special permit process. Lourdes Medical Center has been the sole hospital provider in Franklin County for 90 years, and has served as a key community solidifying factor in the City. There is currently a project underway to improve access and services for outpatients which includes a new outpatient entrance and expanded Emergency Department. In 2005, a new MRI unit was installed, which is the most advanced unit of its kind in the Tri Cities. With the recent population growth (15,500 new residents since 2000) there is an increased need for health services such as those provided by the Lourdes Surgery Department. Expansion possibilities are very limited on the site. The Surgical Department can not be split-up, and must remain in close proximity to the Emergency Department. The area where the current Surgery Department is located is blocked to the north by the power plant which includes boilers, chillers, generators and large piping. On the east there is no room to expand into the existing hospital. The south is bounded by an alley containing a number of underground public utilities that would require major relocation to accommodate construction in this area. The only area that is available to accommodate the proposed new operating rooms is to the west of the existing surgical department. The proposed construction to the west (toward North 5th Avenue) will require the building to extend to the property line. Large water meters and vaults at the intersection of the alley and 5th Ave. will leave the corner undeveloped providing a vision clearance zone for alley access. Expansion toward the sidewalk will not impact any adjoining properties because all properties north and south of the proposed building expansion are part of the hospital campus. The only neighbor to the west across 5th Ave. of is a Sylvester Park. Buildings that exceed the front yard set backs are not uncommon near the hospital. For example the medical office to the south of the hospital is built 2 almost to the property line. The medical offices on Margaret Street, and the Court House are located on, or within a few feet of the sidewalk. The office buildings on North 4th Avenue between the hospital and the Court House are built on the property line, and the Sacajawea Apartment building on North 4th is also built on the property line. The apartment buildings on either side of 4th Ave. south of Sylvester are also on or close to the front property line. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The Our Lady of Lourdes Medical Center has been on the site for approximately 90 years. 2. The property is zoned R-1. 3. The hospital owns property north and south of the site, and Sylvester Park exists across 5th Ave to the east. 4. Options are limited for where and how the Surgery Department can expand. 5. A simple remodel of the existing space would be insufficient to accommodate all the present needs, and will not solve volume demands and need for additional space in the future. 6. The expansion must be located adjacent the existing Surgery Department, and in close proximity to the Emergency Department. 7. Numerous other buildings in the area of the hospital have been constructed in a manner that is being proposed by the hospital with respect to front yard setbacks 8. The hospital provides a critical and necessary service for Pasco and surrounding communities. 10. There is an important public purpose for the expansion related to public health and preservation of life. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 3 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Policies of the Comprehensive Plan state that no local regulations will preclude the siting of facilities such as medical facilities but the City can insure compatibility with adjoining land uses. The proposed use is an extension of an existing community facility that has been in place for about 90 years. 2) Will the proposed use adversely affect public infrastructure? The proposed expansion will have little impact upon the current needs for water, sewer and other utilities. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed surgery center addition to the hospital will be in harmony with the existing hospital campus. The proposed addition will not alter , the character of the neighborhood. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The presence of the existing hospital has not been detrimental to development of adjacent properties or the value thereof. Some adjacent properties have been developed to uses compatible with, and ancillary to the hospital. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed addition will generate little additional traffic. No noise, fumes, dust, vibrations, or flashing lights will be created by the proposal. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposed addition will be located on the same property as Our Lady of Lourdes Medical Center and will be used to augment services 4 h�tt _rS.�l !fi x , r ' t i C� s ,h I� ! s AL NIS Tomo ww� �, v� L _ a. JR a s; 3�0 PvG F� E - �- a� cn :0 70 S-00 O ct ct . ' U cn p s cfd Ct ,� P C/) U • �--� N 0) a• Cn Z n- O cc� Q X U z ni 7TH A\/F ci N 3Fz� P CK U YN M M 2 � CK O 2 U N z KI 7TH i� • • � .,%/,� REGULAR MEETING JUNE 21, 2007 PLANNING COMMISSION MEETING MINUTES C. Special Permit Lourdes Medical Center Expansion (520 N 4th Ave.) (MF# SP 07-006) Chairman McCollum read the master file number and asked staff for a report. Staff addressed the Commission and stated that notice of the hearing was published in the newspaper and mailed to surrounding property owners. Staff explained that the proposal is for an expansion of the Lourdes Medical Center facilities to fulfill medical service needs in the community. The Hospital has located on the site since the early 1900's and has been expanded over the years to accommodate service needs as the community has grown. The last major addition occurred in the early 1980s. Since that time, the community has grown by over 18,000 people. Staff explained expansion options and why the only real option is to locate the proposed addition on the west end of the building. Chairman McCollum asked if there were any questions for staff. The Chairman opened the Public Hearing. Keith Anderson, 8412 W. Franklin, Pasco, addressed the Commission and stated that he represented the Lourdes Health Network and Lourdes Medical Center. Mr. Anderson explained Lourdes had seen a lot of growth in their surgery business over the last few years and a lot of it reflected the growth in the community. No major upgrades to the surgery department have taken place for 35 years, since they were built. Now the hospital is seeing a demand for more surgeries. Mr. Anderson explained the site limitation and why the logical location for expansion is to the west. The poser plant to the north can not be relocated and the alley on the south creates additional expansion constraints. Mr. Anderson stated for a lot of good reasons it is important that the hospital moves forward with this project and he was asking for Planning commission support. After three calls for public comment the Chairman closed the Public Hearing. Commissioner Samuel moved to close the hearing on the proposed Special Permit and to initiate deliberations and schedule adoption of Findings of Fact Conclusions and a Recommendation to the City Council for the July 19, 2007 meeting. Commissioner Anderson seconded the motion; motion carried unanimously. REGULAR MEETING JULY 19, 2007 PLANNING COMMISSION MEETING MINUTES C. Special Permit Lourdes Medical Center Expansion (520 N 4th Ave.) (MF# SP 07-006) Vice Chairman Samuel introduced the item and explained that it had been presented at the last meeting and public comment had been received at that time. No further public comments will be taken during the deliberations. Staff stated that as a result of the public hearing, staff has prepared a final report including findings of fact, conclusions based upon those finds of fact, and a recommendation. Commissioner Schouviller moved to adopt the Findings of Fact and Conclusions there from as contained in the July 19, 2007 Staff Report. Commissioner Anderson seconded the motion; motion carried unanimously. Commissioner Schouviller moved based upon the Findings of Fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Lourdes Medical Center for the addition of surgery rooms on the west side of the hospital with conditions as contained in the July 19, 2007 staff report. Commissioner Anderson seconded the motion; motion carried unanimously. provided by the hospital. The existing facility has not been a nuisance to the neighborhood. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 19, 2007 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Lourdes Medical Center for the addition of surgery rooms on the west side of the hospital with conditions as contained in the July 19, 2007 staff report: Proposed Approval Conditions 1) The special permit shall be personal to the applicant; 2) The addition shall be constructed in substantial conformity with the plans submitted with the application; 3) The addition shall match the architecture of the existing hospital building; 4) The special permit shall be null and void if a building permit has not been obtained by January 31, 2009. 5 AGENDA REPORT NO. 62 FOR: City Council DATE: 8/ 1/07 TO: Gary Crutchfi anager WORKSHOP: REGULAR: 8/6/07 FROM: David I. McDonald, City Planner SUBJECT: SPECIAL PERMIT: Location of a Church in a C-1 Retail Commercial district (Community Unitarian Universalist Church) (MF# SP 07-007) I. REFERENCE(S): A. Report to Planning Commission B. Planning Commission Minutes: Dated 6/21/07 and 7/ 19/07 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Community Unitarian Universalist Church at 2819 W Sylvester Ave., as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 21, 2007 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location of a Church at 2819 W Sylvester Ave. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the Community Unitarian Universalist Church. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(d) • 9 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-07-007 APPLICANT: Community Unitarian HEARING DATE: 06/21/07 Universalist Church ACTION DATE: 07/ 19/07 P.O. Box 3166, Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church in a C-1 Retail Business District 1. PROPERTY DESCRIPTION: Legal: The west 175 ft. of the south 330 ft and north 40 ft of the E 1/2 of the SE 1/4 of the SE 1/4 of the NW 'A of Section 25, Township 9 North, Range 29 East W.M., less roads W 175' OF S 330' & N 40' OF 25-9-29 S 370' OF E2SE4SE4NW4 LESS PSH 3 General Location: 2819 W. Sylvester Street Property Size: 1.45 Acres 2. ACCESS: The site has access from W. Sylvester Street. 3. UTILITIES: Municipal utilities are located along the northern portion of the property. 4. LAND USE AND ZONING: The property is currently zoned C-1 Commercial/Retail Business. Surrounding properties to the west, south and east are also zoned C-1. The property to the north of the site is zoned C-3 General Business District. The site is occupied by the Carpenters' Union building since 1974. Surrounding Land uses are as follows: West - Eagles Lodge. South - across W. Sylvester St., Campbell & Company furnace and stove showroom. East - Napa Auto Care Center and Rhoads Muffler Shop North - Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site and surrounding areas for commercial development. The plan does not specifically address churches, but various elements of the plan encourage adequate provision of off-street parking and locating businesses in t Locations appropriate for their anticipated uses. Policies of the plan also encourage the location of facilities for educational and cultural activities in the City. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). ANALYSIS The application involves the establishment of a Unitarian Church in an existing union hall located at 2819 W. Sylvester Street. The existing building was built in 1974 and has been used by the Carpenter's Union since it was constructed. The Community Unitarian Universalist Church recently purchased the building for the purpose of remodeling the building into a church. The church will function in a typical manner, in that there will be a weekly Sunday meeting for a couple of hours and occasional meetings on weekday evenings. Much of the time the church will be unoccupied. The church currently has a membership of about 45 people. The application materials indicate there will be 20 to 25 parking spaces available for church patrons, with a large over-flow parking area on the property, behind the existing building. The parking will provide enough spaces for a 100 member church based on the City's parking ratio verses seating. The grounds are in a state of disrepair. All new construction requires landscaping be installed and maintained. The operational history of churches within Pasco has shown churches generate very few complaints from adjoining property owners. Churches are generally well maintained and add to the overall appearance and character of the community. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Churches are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned C-1. 2 3. The proposed site has been occupied by the Carpenter's Union for over 30 years. 4. Most surrounding properties are developed with commercial uses. 5. Adjacent property to the west is developed with a large, well-maintained landscape area between the building and W. Sylvester Street. 6. The frontage area between the parking lot and Sylvester Street has been allowed to become overgrown with weeds and is unsightly fire hazard. 7. The lawn area in front of the building is poorly maintained and is full of weeds. 8. The parking lot is cracked in various locations and is producing weeds. 9. The site does not have any trees or other landscaping elements. 10. The operation of churches in Pasco generates few complaints from surrounding property owners. 11. The existing on-site building contains 4,736 square feet. 12. The proposed church will have seating for about 100 patrons. 13. The Municipal Code requires the proposed church to have a minimum of 25 parking spaces. 14. The church is proposing to provide parking in excess of the required 25 parking spaces. 15. The Eagles property to the west contains an assembly type building rather a commercial retail or service building. TENTATIVE CONCLUSIONS BASED ON INTIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: I) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Policy LU-1- encourages the continuous actions to improve the City's physical environment. The proposed church will occupy a neglected commercially zoned property. Putting the property to use will result in improvements that will benefit the neighborhood and meet goals of the plan. LU-2-B encourages the support of facilities for educational and cultural activities. 2) Will the proposed use adversely affect public infrastructure? 3 The proposed use will not have an adverse impact on public infrastructure. The proposed church will create no more demand on public services than the previous use as a union hall. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed church will be located in an existing building that has been on the site for over 30 years. The properties surrounding the proposed church site has been developed with commercial uses for many years. The Eagles property to the west is an assembly type building as is a church. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The general neighborhood around the site is fully developed. The existing building on the site was developed within a few years of the surrounding commercial structures and has not hampered commercial development in the area or impaired the value thereof. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The operation of the proposed church will be similar in nature to the operation of the union hall on the site. Churches are used infrequently, generally two or three days a week and generate traffic during off peak times such as on Sunday mornings and a couple of weekday evenings. Churches are generally well maintained and contain well landscaped front yards. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Past history of church operations within the City has shown they do not endanger public health or safety; they seldom generate complaints from surrounding property owners. 4 4 t • �� R Y �{ y 771 u2��`�i#�" 4-, It ik. fill u u FRI 4 4 + �N �R�r r�� .��' ".' �d �ti III C� ���� • �Y�`':. � r4q J y` r •• ^ d�3. r. � "Rt {+'d «• MM, 1;}: ��J]1 ., G kt' 1:. t , CCU } 1w ui n wit/ O fit ct ir .r `./ • • r {tl, ` `� k s i r V1 �{ CTS � pray r :_ L, r . . r° 44 �1• r1 7�4�.'�y � T �t �kd �4 ��. �!x� ; �}' r �G jy rt 1 n A. N RTH AVE Z (� _L O N _ X E E E U C) C u a� � � E r4 28T AVE E N 28TH AVE u u o � r U . 03 cn ct 75 W _ O ~ M CD — O o •F E Z • O co — U ,; O E tY U > o — .v L Of U N N 26TH AVE o U U U v U N 0f 28TH AVE N 28TH AVE uu U) o w v) co c� w z M > U > � Ct N � U REGULAR MEETING JUNE 21, 2007 PLANNING COMMISSION MEETING MINUTES D. Special Permit Location of a Church in a C-1 Zone (Unitarian Church) (2819 W Sylvester St) (MF# SP 07-007) Chairman McCollum read the master file number and asked staff for a report. Staff stated that notice of the hearing was published in the newspaper and mailed to surrounding property owners. The proposal involves locating a church within the existing Carpenter's Union building on West Sylvester Street. Staff explained the union building has been located on the site for many years and is set up for assembly type of meetings similar to a church facility. The church currently has 45 members. There is enough parking in the parking lot to accommodate at least 100 members. The parking lot is totally paved. Staff pointed out there was some maintenance problems with the landscaping. The area between Sylvester Street and the property line is generally a mess, full of weeds and needs to be cleaned up and taken care of. Chairman McCollum asked if there were any questions for staff. The Chairman opened the Public Hearing. Mark Painter, 430 W. 31st, Kennewick, Wa.,. addressed the Commission and stated that he was a member of the Unitarian Church and represents the building committee in support of the petition. The purpose use will be similar to the current use and will not affect the surrounding property owners. Commission Samuel asked if Mr. Painter saw any particular challenge with the congregation maintaining the property in a condition that would not be an eyesore to the community. Mr. Painter stated that he did not believe that would be a challenge. Jim Harris, 700 N. Road 32, Lot 66, Pasco, WA addressed the Commission and stated that he represented the Pasco Eagles and was in strong opposition of the proposal. The Eagles were concerned about future impacts on liquor licenses. Staff explained that approval conditions for churches in commercial zones always state churches can not object to a liquor license being issued for an existing or a new business within 1000 feet of the church. Mr. Harris asked staff knew what the liquor Control Board did that to the casino owner in Kennewick? Staff did not know. The only liquor license that was withheld in Pasco was for a grocery store directly north of Captain Grey Elementary School. The location of churches in the community has not created restrictions for liquor licenses. Mr. Harris stated that if they sell the Eagles building there could be an objection because of the church. Staff responded no, because of the restriction that is placed on the church. Commissioner Samuel asked Mr. Painter if he had any issue with what he just heard from the owner of the Eagles. Mr. Painter responded they have no objections to a tavern next door. After three calls for public comment the Chairman closed the Public Hearing. Commissioner Rose moved to close the hearing on the proposed Special Permit and to initiate deliberations and schedule adoption of Findings of Fact Conclusions and a Recommendation to the City Council for the July 19, 2007 meeting. Commissioner Little seconded the motion; motion carried unanimously. REGULAR MEETING JULY 19, 2007 PLANNING COMMISSION MEETING MINUTES D. Special Permit Location of a Church in a C-1 Zone (Unitarian Church) (2819 W Sylvester St) (MF# SP 07-007) Vice Chairman Samuel introduced the item and explained that it had been presented at the last meeting and public comment had been received at that time. No further public comments will be taken during the deliberations. Staff stated that as a result of the public hearing, staff has prepared a final report including findings of fact, conclusions based upon those finds of fact, and a recommendation. Staff reminded the Commissions of the adjoining property owners concern relative to the impact the church would have on liquor licenses. Staff has included a standard condition for such cases that the applicant shall not object to the transfer or establishment of a liquor license for an existing or new establishment within 1000 feet of the property. Vice Chairman Samuel thanked staff for their diligence in incorporating the Planning Commissions comments and concerns from when we talked about these items in detail last meeting. These proposed conditions on each of these items under old business, I thought, did a great job of capturing our concerns and I want to thank you for that. Commissioner Little moved to adopt the Findings of Fact and Conclusions there from as contained in the July 19, 2007 Staff Report. Commissioner Anderson seconded the motion; motion carried unanimously. Commissioner Little moved based upon the Findings of Fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Community Unitarian Universalist Church for the location of a church at 2819 W. Sylvester Street with conditions as contained in the July 19, 2007 staff report. Commissioner Hay seconded the motion; motion carried unanimously. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 19, 2007 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Community Unitarian Universalist Church for the location of a church at 2819 W. Sylvester Street with conditions as contained in the July 19, 2007 staff report: Proposed Conditions 1) The special permit shall be personal to the applicant. 2) The weeds and debris between Sylvester Street and the parking lots shall be removed and the area must be maintained in compliance with the Municipal Code. 3) All weeds in the parking lot must be removed and the parking lot must be maintained in a clean weed free condition. 4) A minimum of four trees shall be planted around the building. 5) The applicant shall not object to the transfer or establishment of a liquor license for an existing or new establishment within 1,000 feet of the property. 6) The special permit shall be null and void if the required improvements are not made and a City of Pasco occupancy registration has not been obtained by July 31, 2008. 5