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
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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.
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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