03/22/2022 - 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
Subject: Adoption of a Resolution Authorizing the
Purchase of Kitsap County Tax Parcel No.
4027-022-001-0004 for the Bay Street
Pedestrian Pathwav Project
Meeting Date: March 22, 2022
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No
Atty Review Date
366922-0009 — PW
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
CITY OF PORT ORCHARD
Department of Community Development
a uu, 216 Prospect Street
. I Port Orchard, WA 98366
V Phone (36o) 874-5533 - Fax (36o) 876-4980
ter._
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 Trackin
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.
Page 1 of
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
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:
Park Impact Fees
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
1 123,325
1 255,009
1 472,322
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.
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
2
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:
Transportation
Impact
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
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:
McCormick Woods
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
1 610,659
785,820
788,898
3
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
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
Transportation Impact Fee Detail History
2021 Project Description
TIF
2021
2021TIF
Growth Share
Expenses Paid
Growth Share
Remaining
Certified
Project Cost
2008-2015
2016
2027
2018
2019
2020
2021
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 Widenin CN Phase
1.1
$ 1,851,656
$ 47,000
$ 1,804,656
Bethel/Sed wick Corridor Ph.l Desi n
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
Sed wick Rd West Desi n/ROW
2.02
$ 722,000
$ 722,000
Sed wick Rd West Construction
2.03
$ 2,165,500
$ 2,165,500
Bethel/Sed wick Corridor Ph. 1 ROW/Construction
2.04A
$ 1,740,094
$ 1,740,094
Bethel/Sed wick Corridor Ph. 2
2.04B
$ 1,464,306
$ 1,464,306
Bethel/Sed wick Corridor Ph.3
2.04C
$ 97,776
$ 97,776
Bethel/Sed wick Corridor Ph.4
2.04D
$ 2,067,975
$ 2,067,975
Bethel/Sed wick Corridor Ph. S
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 S!Widenin
2.09
25,279
$ 25,279
Fireweed Rd Wden!ng
2.1
11,700
$ 11,700
Sherman Ave Widening
2.12
16,400
$ 16,400
Tremont St Widenin g 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
PiperberryWay 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
1 $ 36,343,224
$ 468,086
$ 152,722
$ 40,605
$ 179,606
$ 51,043
$ 304,693
$ 446,258
1 $ 34,824,033
4