PORT TOWNSEND — Construction of a second roundabout on Upper Sims Way began this week with the likelihood that a merchant’s lawsuit against the city will not be resolved before its scheduled completion.
“I think [the lawsuit] will be a long battle,” said Ken Kelly, co-owner with his wife Jane of Vintage Hardware, who has filed the lawsuit.
“But anything that is built can be unbuilt and damages caused can be collected.”
Work on the roundabout at Thomas Street is part of a $7.1 million Sims Way project from Howard to Thomas streets.
The first roundabout on Sims Way, at Howard Street, was completed earlier this month.
The Kellys filed a lawsuit in Jefferson County Superior Court on March 25.
They are seeking unspecified damages tied to an expected loss of business and devaluation of property once the roundabout on the corner of Sims Way and Thomas Street is constructed.
The lawsuit asks the court to set the amount of damages.
Sales dropped off
Kelly said Wednesday that sales have already dropped off and that “we have had days where no one at all has come in the store.”
Across the way, the Crafts Cottage has also suffered a loss of business but store manager Christy Spencer doesn’t cite construction as the sole reason.
“Business has dropped but it’s hard to tell why,” she said.
“Last year it was down because the Hood Canal Bridge was closed. The year before, there were problems with the ferry.
“We are keeping an eye on the finished product, which will look a lot better than before.”
Kelly said he understands the impact of construction.
“I am not bothered by this because it is part of life,” he said.
“But I am worried about the long-term effect, that it will make it all the more difficult to access my business,” he added.
Kelly said that construction will place a wall across the front of his business and block direct access from Thomas Street.
He added that the roundabout also will eliminate parking spaces while making it hard for impulse travelers to stop.
The roundabout will block the access to a portion of Fifth Street, which allowed large vehicles to pull up parallel to the curb in front of his store, Kelly said.
City Attorney John Watts said that Kelly developed this street on his own and did so on city property, and that he can’t complain if it goes away.
“We are not infringing on his property,” Watts said. “We are changing the use of a city-owned right of way, which we always had the right to do.”
Watts has said the city has tried to work with the Kellys.
Sims Way project
Besides the roundabouts, landscaped medians are planned for the $7.1 million Sims Way project from Howard to Thomas streets.
The intent of the project, city officials have said, is to not only beautify Upper Sims’ commercial district but also to improve traffic flow and access to businesses.
New sidewalks on both sides of the street and pedestrian crossings will improve the area for those on foot, city officials said, while bike lanes will be added along with connections to the trail networks to the north and south.
On Wednesday Kelly said that his legal counsel “is still collecting papers and filing information.”
Kelly said that several of his customers have phoned to provide their support in the battle against the city, and hopes that he will win in court.
He also maintains that the construction, which is expected to go on for at least two months, will discourage impulse visitors.
While the construction has decreased walk-in business, it has not stifled the store’s mail-order trade.
This week, it sent out a $4,000 replica of an antique chandelier to hang in the U.S. Capitol in Washington, D.C.
This is the fifth such fixture Kelly has shipped to the federal government that has been manufactured in Kelly’s warehouse.
“We are the only ones who make these anymore,” he said.
“And if you look at the surface on this chandelier, it looks like it is 100 years old.”
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Jefferson County reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
