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HomeMy WebLinkAbout06082000 PORT TOWNSEND CITY COUNCIL MINUTES OF THE SPECIAL BUSINESS MEETING OF JUNE 8, 2000 The City Council of the City of Port Townsend met in special session this eighth day of June, 2000, at 6:35 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Joe Finnie, Allen Frank, Vem Garrison, Geoff Masci, Bill Wolcott and Alan Youse. Mr. Lipton was excused. Staff members present were City Manager Dave Timmons, City Attorney John Watts, City Clerk Pam Kolacy, Building & Community Development Director Jeff Randall, and City Planner John McDonagh. PUBLIC HEARING (OPEN-RECORD) STREET VACATION APPLICATION LUP00-15 BUD DYER AND DARLENE LINDSEY Mr. Masci opened the public heating by asking whether any council members had any financial or property interests to disclose in connection with the Dyer Street Vacation. Mr. Youse noted he has a work relationship with one of the parties involved with the application. Upon questioning by Mr. Watts, he stated he believed he could act without prejudice in the matter. Staff Report Mr. McDonagh presented the findings and conclusions of staff, recommending denial of the vacation. He noted that the proponent's activities could potentially be allowed with a street use agreement. Public Testimony A letter from Lynn and James Myers to the Non-Motorized Transportation Committee was entered into the record by Mr. Watts. The letter supported suspending all street vacations. Bud Dyer (proponent): Mr. Dyer noted he was building a house on his property which would be only five feet from the right of way of Grant Street. He also addressed issues of access to two of the adjacent lots he owns. He stated he would make a footpath accessible to the public, and that he had the option of tying lots 1 and 2 together with lot 3. He stated he didn't know where foot or bicycle access would lead, given the other street vacations in the area. He said that if the entire street could not be vacated, perhaps half of the 60 foot right of way could be vacated. City Council Minutes Page 1 June 8, 2000 Nancy Dorgan: stated that under the street vacation ordinance, the applicant must show that there is no public need for the right of way. She said that the applicant had not addressed this issue, but only stated that no adjacent landowners objected to the vacation. She said the ordinance does not allow vacation of public rights of way based on compelling uses proposed by the individual. Because the area is a designated non- motorized and street right of way, access should not be impaired by granting a vacation. Scott Walker: expressed a philosophical opposition to street vacations, noting that undeveloped streets will become more and more important to neighborhoods. He stated that use of right of way for a private driveway could be worked out through a street use agreement with the City. Staff Response Mr. McDonagh noted, in regard to Mr. Dyer's comments, that the local access standard for streets is only 16 feet and that in designing the street, consideration would be given to placing the roadway so that it did not directly abut Mr. Dyer's house. Regarding Ms. Dorgan's comment, he stated that Mr. Dyer had committed to leaving the property open to pedestrians and bicyclists. Mr. Masci then called for questions from council members to staff or speakers. Mr. Masci inquired about the dollar value of the property. Mr. Watts replied that an appraisal would be necessary to determine the property value. Mr. Garrison requested confirmation from Mr. Dyer that he understands the roadway will be only 17 feet wide if opened, and that his intention was to let pedestrians access the property. Mr. Dyer answered affirmatively to both questions. Mr. Wolcott questioned how Mr. Dyer would access lots 1 and 2. Mr. McDonagh replied that the access would be west along 23ra if Grant Street were vacated; otherwise 23rd and Sheridan. If Grant Street were kept as public right of way, access would be via Grant Street. There were no further questions or clarifications requested. The public hearing was then closed. Motion: Mr. Frank moved to adopt findings and conclusions and deny the street vacation. Seconded by Bill Wolcott. Discussion Mr. Garrison stated that he would support the motion, saying that the proponent's intended goals could probably be met through a street use agreement. He requested that City Council Minutes Page 2 June 8, 2000 the Non-Motorized Transportation Committee cooperate with failed street vacation applicants; he added that staff should make sure a street would be installed well away from the buildings on Mr. Dyer's property. Mr. Finnie also expressed support for the motion. He noted his appreciation of the investment and landscaping efforts of the property owner and hopes an equitable arrangement on the design and flow of pathways and abutting street will be reached. He noted that the City has expressed a desire to be flexible on placement of the street and will entertain a street use agreement that may satisfy most of the expectations. Vote: The motion carried unanimously, 6-0 by voice vote. The public heating was concluded at 7:27 p.m. Mr. Timmons stated that staff will be in contact with Mr. Dyer to look at alternatives and work to reach an equitable resolution. EXECUTIVE SESSION Mr. Masci announced that the council would adjourn to executive session to review material just received related to potential litigation. He stated that the executive session would last about fifteen minutes, and that action might be taken after the session. RECONVENE The meeting was reconvened at 7:52 p.m. RESOLUTION 00-039 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND CONFIRMING THE CITY MANAGER'S DECISION TO AWARD THE CONTRACT FOR THE TRI- AREA STORAGE TANK TO T. BAILEY INC. Mr. Timmons introduced the resolution, noting the budget amount for the project was 1.1 million including tax, and that all bids were within that sum. He then stated that the two lowest bids were not responsive and should be rejected; therefore, the bid would be awarded to T. Bailey of Anacortes, Actions available to the council are to confirm the bid and authorize the City Manager to execute a contract or remand the matter back by requesting that it be rebid. Public Comment: None Motion: Mr. Frank moved for approval of Resolution 00-039. Mr. Finnie seconded Ms. Kolacy read the entire text of the resolution into the record. City Council Minutes Page 3 June 8, 2000 Vote: The motion carried unanimously, 6-0 by voice vote. EXECUTIVE SESSION Mr. Masci announced the council would adjourn to executive session at 8:00 p.m. to discuss a personnel issue. He stated that the executive session was expected to last about one hour, and that no action was anticipated at the end of the session. RECONVENE The meeting was reconvened at 9:15 p.m. ADJOURN There being no further business, the meeting was adjourned at 9:17 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Minutes Page 4 June 8, 2000