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Home My WebLink About03/22/2022 - Regular - Additional DocsRESOLUTION NO. 028‐22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE PURCHASE OF KITSAP COUNTY TAX PARCEL NO. 4027‐022‐001‐0004 FOR BAY STREET PEDESTRIAN PATHWAY PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE PURCHASE. WHEREAS, the City has identified the need to acquire real property to support the construction of the Bay Street Pedestrian Pathway Project (the “Project”); and WHEREAS, in accordance with the City’s Relocation Assistance Program, the City’s consulting Relocation Agent, Tierra Right of Way Services, Ltd., has negotiated the terms of purchase by the City of real property located at 1699 Bay Street, Kitsap County Tax Parcel No. 4027‐022‐001‐0004 (the “Property”); and WHEREAS, Tierra has identified the requisite relocation assistance benefits owing to the owner of the Property, and staff has reviewed and approved those determinations, in conjunction with the Washington State Department of Transportation, Local Programs, serving as Contract Administrator for the Project; and WHEREAS, the Port Orchard City Council finds it is in the best interest of the City to authorize the acquisition of the Property for fair market value and authorize all associated relocation payments consistent with the City’s Relocation Assistance Program; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the acquisition of Kitsap County Tax Parcel 4027‐022‐ 001‐0004 For Bay Street Pedestrian Pathway in the Total Acquisition Payment of $520,899.25, and authorizes the Mayor to execute all necessary documents to effectuate the purchase, including but not limited to: a) the Real Estate Purchase and Sale Agreement, b) the Warranty Deed, c) the Real Property Voucher and d) the Real Estate Excise Tax Affidavit form. THAT: The City Council authorizes and ratifies the Relocation Payment in the amount of $386,118.03, pursuant to the Relocation Assistance Program; and THAT: The City Council authorizes and ratifies the Moving Benefit Payment in the amount of $5,000.00, pursuant to the Relocation Assistance Program; and Resolution No. 028‐22 Page 2 of 2 THAT: The City Council authorizes the payment of all associated closing costs/escrow fees for the above in an amount not to exceed $25,000; and PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 22nd day of March 2022. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Wallace, MMC, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876‐4407  FAX (360) 895‐9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: March 22, 2022 Subject: Adoption of a Resolution Authorizing the Prepared by: Mark Dorsey, P.E. Purchase of Kitsap County Tax Parcel No. Public Works Director 4027‐022‐001‐0004 for the Bay Street Atty Routing No: 366922‐0009 – PW Pedestrian Pathway Project Atty Review Date: March 8, 2022 Summary: The City’s Right of Way Acquisition and Relocation Consultant, Tierra Right of Way Services, Ltd., in conjunction with the City, identified Kitsap County Tax Parcel No. 4027‐022‐001‐0004 (the “Property”) as a necessary acquisition for the Bay Street Pedestrian Pathway Project. Accordingly, the consultant has negotiated terms of a voluntary purchase of the Property, as well as associated relocation benefits in accordance with Resolution No. 028‐16 (Right‐of‐Way Acquisition Procedures) and the City’s Relocation Assistance Program. On February 7, 2022, the Public Works Director executed the Concurrence and Authorized for Payments of Just Compensation for the purchase of Kitsap County Tax Parcel No. 4027‐022‐001‐0004 (the “Property”) in the amount of $516,000.00, subject to Council approval of the purchase. Additionally, on March 2, 2022, the Public Works Director executed the Price Differential Report and Relocation Assistance Voucher No. 1 in the total amount of $386,118.03 (aka Relocation Housing Payment) and the Move Expense Agreement Residential and Relocation Assistance Voucher No. 2 in the amount of $5,000.00 (aka Moving Benefit Payment.) Please note: all expenditures associated with the Bay Street Pedestrian Pathway Project have been identified within the Project Funding Estimate (PFE) and are Grant eligible. Relationship to Comprehensive Plan: Chapter 8 – Transportation. Recommendation: For the Haynes Property Acquisition and as needed for the Bay Street Pedestrian Pathway Project, Staff recommends that the City Council authorize the following: 1. The Mayor’s execution of a) the Real Estate Purchase and Sale Agreement in the amount of $516,000.00, b) the Warranty Deed, c) the Real Property Voucher d) the Real Estate Excise Tax Affidavit form and e) payment of the additional associated closing costs‐escrow fees in the amount of $4,889.25 for a Total Acquisition Payment of 520,899.25 2. Approve the Relocation Payment in the amount of $ $386,118.03 3. Approve the Moving Benefit Payment in the amount of $5,000.00 4. Approve any additional associated closing costs‐escrow fees as needed, in an amount not to exceed $25,000 Motion for Consideration: I move to adopt Resolution No. 028‐22, authorizing the purchase of Kitsap County Tax Parcel No. 4027‐022‐001‐0004 for the Bay Street Pedestrian Pathway Project in the Total Staff Report 7C Page 2 of 2 Acquisition Payment of $520,899.25 plus the Relocation Payment in the amount of $386,118.03, the Moving Benefit Payment in the amount of $5,000.00 and any additional associated closing costs‐escrow fees in an amount not to exceed $25,000, and authorizing the Mayor to execute all documents necessary to effectuate this acquisition and relocation. Fiscal Impact: Grant and Local Match funding for this acquisition expenditure is allocated within the Project Funding Estimate (PFE) for the Project and the 2021‐2022 Biennial Budget. Alternatives: None. Attachments: Resolution No. 028‐22 Haynes – Tierra Transmittal Haynes – Offer Letter Pertinent Portions of the Right‐of‐Way Plan Haynes ‐ Real Estate Purchase and Sale Agreement Haynes ‐ Warranty Deed Haynes ‐ Real Property Voucher Haynes ‐ Escrow Agreement Haynes – Utility Service Provider Contact Sheet Haynes ‐ Real Estate Excise Tax Affidavit Haynes ‐ Price Differential Report Haynes ‐ Relocation Assistance Voucher No. 1 Haynes ‐ Move Expense Agreement ‐ Residential Haynes ‐ Relocation Assistance Voucher No. 2 Page 1 of 4 CITY OF PORT ORCHARD Department of Community Development 216 Prospect Street Port Orchard, WA 98366 Phone (360) 874-5533  Fax (360) 876-4980 Memorandum To: The City Council From: Nicholas Bond AICP, DCD Director Date: March 22, 2022 Re: 2021 Impact Fee Annual Report (Per POMC 16.70.130 E) In November 2015, the City Council passed an Impact Fee Ordinance which took effect on January 1, 2016. This ordinance established Transportation Impact fees while continuing the collection of Park Impact fees. Port Orchard Municipal Code Section 20.182.130 (5) requires the Director to provide an annual report on the collection of Park and Transportation Impact fees. McCormick Park Impact Fees were assigned to the City as part of the McCormick Woods annexation from County to City and were fully expended in 2018. This memo is written to satisfy the reporting requirement. In 2021, the City updated its traffic impact fee rate and adopted a new development agreement for transportation with McCormick Communities. The development agreement allowed for the separate McCormick transportation impact fee rates and accounting to be consolidated with the citywide impact fees and impact fee program. As such, this report has been updated to consolidate these 2 separate impact fee fund balances and project accounting. In addition, the new impact fee study updated the total eligible costs for various projects to be contributed from the impact fee fund. Park Impact Fee: Background: Park Impact fees are assessed at $811 for new single-family residences and $584 for new multifamily residences. Park impact fees are not assessed against non-residential development. Impact Fee’s are intended to be spent within a 10-year period of being collected for appropriate projects. 10-Year Tracking The city tracks the total amount of Park Impact Fee Revenue collected each year and when those revenues were spent on park eligible projects. As of the end of 2021, the City has expended all revenues collected from 2012-2018. See the below table for current revenue received eligible for projects by Fiscal Year. Pursuant to RCW 82.02.070 (3) Impact Fees must be spent within 10 years of collection. The table below demonstrates $49,782 must be spent by 2029, $173,546 by 2030 and $248,995 by 2031. 2 2021 Financial Overview: On January 1, 2021, there was a Parks Impact Fee balance of $255,009. Revenue received during the year included park impact fees of $248,244 and interest of $751 for a total revenue received of $248,995. Parks Impact fees were used to pay towards McCormick Woods Splash Pad Retrofit Project in 2021 in the amount of $31,682 leaving an ending balance of $472,322. The follow table represents the revenue and expense activity: Transportation Impact Fee: Background: Transportation impact fees are assessed against all new development and are based on the peak PM trip generation of a project. Impact Fees are intended to be spent within a 10-year period of being collected for appropriate projects. 10-Year Tracking The city tracks the total amount of Transportation Impact Fee Revenue collected each year and when those revenues were spent on eligible projects. As of the end of 2021, the City has expended all revenues collected from 2016-2018. See the below table for current revenue received eligible for projects by Fiscal Year. Pursuant to RCW 82.02.070 (3) Impact Fees must be spent within 10 years of collection. The table below demonstrates $27,451 must be spent by 2029, $498,544 by 2030 and $1,205,887 by 2031. Tracking 2019 2020 2021 Revenues 79,059 173,546 248,995 Applied Expenses (29,278) - - Balance Available to Spend By Year Collected 49,782 173,546 248,995 2019 2020 2021 Beginning Balance 44,266 123,325 255,009 Revenue 79,059 173,546 248,995 Expenditure (41,862) (31,682) Ending Balance 123,325 255,009 472,322 Park Impact Fees 10-Year Tracking 2019 2020 2021 Revenues 160,487 498,544 1,205,887 Applied Expenses (133,036) - - Balance Available to Spend By Year Collected 27,451 498,544 1,205,887 3 2021 Financial Overview: On January 1, 2021 there was a balance of $944,142. Revenue received during the year included impact fees of $1,203,165 and interest of $2,721 for a total of $1,205,887 in Transportation Impact Fee Revenue. Transportation Impact fees were used to develop designs for the TIP 2.04 Bethel-Lincoln corridor project in the amount of $345,001 for 2021. Additionally, Transportation Impact fees in the amount of $73,146 were used to reimburse McCormick Land Co. (as assigned) for previously constructed improvements pursuant to Development Agreement post the new agreement. The total expenses for 2021 were $418,147. Transportation Impact Fees ended the year with a balance of $1,731,882. The follow table represents the revenue and expense activity: McCormick Woods Transportation Impact Fee: Background: In the following table, McCormick Woods Impact Fees are accounted for separately from the City-wide transportation impact fees and can only be spent on a specific list of projects. Pursuant to the 2007 Development Agreement for Transportation between McCormick Communities LLC and the City, the McCormick Woods Transportation Impact Fee is not subject to the 10-year spending requirements under RCW 82.02.070 (3). 2021 Financial Overview: On January 1, 2021 there was a balance of $785,820 for McCormick Woods Transportation Fees. Revenue received during the year included impact fees of $29,244 and interest of $1,946 for a total of $31,190. In 2021 McCormick Woods Impact fees in the amount of $28,111 were used to reimburse McCormick Land Co. (as assigned) for previously constructed improvements pursuant to the 2007 Development Agreement for Transportation between McCormick Communities LLC and the City. The result of these activities is an ending balance of $788,898 The follow table represents the revenue and expense activity: 2019 2020 2021 Beginning Balance 542,494 702,981 944,142 Revenue 160,487 498,544 1,205,887 Expenditure - (257,383) (418,147) Ending Balance 702,981 944,142 1,731,882 Transportation Impact 2019 2020 2021 Beginning Balance 536,834 610,659 785,820 Revenue 124,868 222,471 31,190 Expenditure (51,043) (47,310) (28,111) Ending Balance 610,659 785,820 788,898 McCormick Woods 4 Restated Transportation Impact Fees: In 2021 the McCormick Woods Transportation Impact Fees were merged with the City Transportation Fee through a new agreement. The following table restates the Combined Transportation Impact Fee’ balances for 2021. Going forward the city will only report on the combined amounts. Transportation Impact Fee Detail History Transportation Impact 2021* Beginning Balance 1,729,962 Revenue 1,237,077 Expenditure (446,258) Ending Balance 2,520,781 *2021 Re-stated to reflect New McCormick Agreement 2021 Project Description TIF 2021 TIF Expenses Paid Growth Share Certified 2021 Growth Share 2008-2015 2016 2017 2018 2019 2020 2021 Remaining Project Cost Glenwood Connector Roadway DA 2,000,000$ 391,612$ 33,799$ 11,843$ 45,976$ 51,043$ 47,310$ 101,257$ 1,440,983$ 2,123,823$ Tremont St Widening CN Phase 1.1 1,851,656$ 47,000$ 1,804,656$ Bethel/Sedgwick Corridor Ph. 1 Design 1.3 293,489$ 293,489$ Old Clifton Rd/Anderson Hill Rd Roundabout 1.4 786,112$ 118,923$ 28,762$ 638,427$ Old Clifton Rd Design - 60% 1.5A 562,000$ 562,000$ Old Clifton Rd/Campus Pkwy Roundabout 1.5C 1,600,000$ 1,600,000$ Vallair Ct Connector 1.7 96,697$ 96,697$ Sidney Ave (N) Widening 2.01 3,144,444$ 3,144,444$ Sedgwick Rd West Design/ROW 2.02 722,000$ 722,000$ Sedgwick Rd West Construction 2.03 2,165,500$ 2,165,500$ Bethel/Sedgwick Corridor Ph. 1 ROW/Construction 2.04A 1,740,094$ 1,740,094$ Bethel/Sedgwick Corridor Ph. 2 2.04B 1,464,306$ 1,464,306$ Bethel/Sedgwick Corridor Ph. 3 2.04C 97,776$ 97,776$ Bethel/Sedgwick Corridor Ph. 4 2.04D 2,067,975$ 2,067,975$ Bethel/Sedgwick Corridor Ph. 5 2.04E 5,529,500$ 257,383$ 345,001$ 4,927,116$ Sidney Rd (S) Widening 2.05 2,593,367$ 2,593,367$ Pottery Ave (N) Widening 2.06 277,500$ 277,500$ Old Clifton Rd Shoulder & Ped Improvements 2.07 1,686,000 86,630$ 1,599,370$ Old Clifton Rd/McCormick Woods Dr Roundabout 2.08 1,600,000 1,600,000$ Melcher St Widening 2.09 25,279 25,279$ Fireweed Rd Widening 2.1 11,700 11,700$ Sherman Ave Widening 2.12 16,400 16,400$ Tremont St Widening Ph. 2- PO Blvd 2.13 5,342,000 5,342,000$ Pottery Ave (S) Widening 2.14 415,119 415,119$ Blueberry Rd Widening 2.16 80,518 80,518$ Geiger Rd Widening 2.17 11,700 11,700$ Salmonberry Rd Widening 2.18 28,803 28,803$ Piperberry Way Extension 2.19 25,665 25,665$ Old Clifton Rd/Feigley Rd Roundabout 2.21 31,150 31,150$ DA Feigley Rd Improvements* DA 76,474 76,474 -$ 76,474$ Totals 36,343,224$ 468,086$ 152,722$ 40,605$ 179,606$ 51,043$ 304,693$ 446,258$ 34,824,033$