Port Townsend moves to use eminent domain on Upper Sims Way project

PORT TOWNSEND — City Council is covering all its bases as it prepares to go to bid for a substantial construction project on Upper Sims Way.

Council approved first reading of an ordinance Monday night authorizing City Attorney John Watts to move forward with condemnation and eminent domain rights in a court of law if an agreement can’t be reached with three land owners occupying small portions of land needed in the construction.

Watts said while he was asking council to move forward with the first reading, he didn’t think it would reach a second.

“Since this ordinance has been prepared, all three (land owners) have verbally indicated they are in agreement with the city offers,” Watts said.

“In all likelihood, we won’t need a second or a final reading, but until we have all three in writing, we still have the risk of not reaching an agreement.”

The city has offered three land owners an undisclosed value for small portions of land they are occupying within the city right of way.

Eminent domain is a process allowing the city to take back that land for use in transportation projects.

The property being looked at in the transactions are all relatively small locations, Watts said.

All three are located on the corner of Sims Way and Howard Street and total about 8,000 square feet.

The amount of the offers to land owners will not be publicly disclosed until an answer from the owners is received by the city.

Watts said it was in the city’s interest to start looking at eminent domain as an option in case the deals fall through.

The city must go to bid on the project by June, so it won’t lose that chance for potential state and federal funding.

“We risk losing money if we’re not on track,” Watts said.

The council voted in favor of the ordinance 6-1 with Councilwoman Laurie Medlicott opposing the plan.

Medlicott said she has been opposed to the project since the beginning and would not be supporting any further action regarding the construction on Upper Sims Way.

The Upper Sims Way project would improve a stretch that includes state Highway 20 and add two roundabouts at the Howard and Thomas street intersections where the road begins its descent into Port Townsend.

The estimated cost of the project is between $5 million and $6 million.

Public Works Director Ken Clow informed the council that Sims Way traffic will be unhindered as much as possible.

“We will keep it open for most of the construction,” Clow said.

“It will be closed entirely for just a few hours at a time.”

The project has been listed in the city’s comprehensive plan since the mid-1990s, but improvements to the main entrance to Port Townsend have been documented in discussions by City Council for the past 20 years, said City Manager David Timmons when he introduced the project last year.

“The biggest dilemma up there is the lack of infrastructure,” he said.

“The problems have been going on for a while now.”

Major problems with the road include dangerous left turns onto Sims Way from a side street because of heavy traffic and dangerous turns across traffic off of Sims Way from the two-way center turn lane on Upper Sims — often described as a “suicide” lane.

The matter next comes before council on May 11 when it will review a list of capital projects.

On May 18, the city is scheduled to vote on authorizing Timmons to solicit bids for the project.

Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com.

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