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HomeMy WebLinkAboutMinutes 02/15/2000 4129 CITY COUNCIL MEETING Port Angeles, Washington February 15, 2000 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, G. Cutler, S. Ilk, D. McKeen, Y. Ziomkowski, P. Rasler, G. Kenworthy, S. McLain, D. Madison, T. Smith, and B. Coons. Public Present: L. Lee, B. Harbick, J. Butler, and B. Allen. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Erickson. ALLEGIANCE: CEREMONIAL None. MATTERS/ PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE Manager Quinn asked to remove Item 1.6. from the agenda. This will be placed on the PLACED ON THIS OR next agenda. FUTURE AGENDA: FINANCE: None. CONSENT AGENDA: Councilmember McKeown moved to accept the Consent Agenda, to include: 1) Out-of-State travel for City Engineer; 2) Council minutes - February 1, 2000; and 3) Check List - February 10, 2000 - $1,490,408.28. Councilman Hulett seconded the motion. Brief discussion ensued and Councilman Wiggins noted that a special meeting date had been set for a Town Meeting on the Convention Center proposal. Councilman Wiggins also noted that the Timber Study is referred to in the minutes and he, along with the EDC, examined the bids today. He asked if the City would be participating in this study. Manager Quinn stated he had contacted Commissioner Doherty and informed him the City would participate in this program. A vote was taken on the motion, which carried unanimously. CITY COUNCIL Councilman Campbell attended an Olympic Air Pollution Control Authority meeting COMMITTEE and the Authority has issued the final air operating permit for Daishowa. REPORTS: Councilman Wiggins attended the AWC meeting in Olympia where lengthy discussions were held on the impacts of Initiative 695. Mayor Doyle stated that Governor Locke announced he had "found" half a billion dollars which can be used for road repairs. Mayor Doyle attended the National Marine Fisheries hearing on the 4(d) Rules, a meeting with Victoria B.C. staff regarding coordination of events, and an Elwha River pre-signing ceremony. Ordinances Not Requiring Public Hearings: Considered under "Other Considerations". -1- 4130 CITY COUNCIL MEETING February 15, 2000 Resolutions Not Requiring Public Hearings: None. Other Considerations Watermain Project/ 1. ~Vatermain Project/Historical Underground Sites Historical Underground Sites Mayor Doyle reviewed the information provided by the Public Works and Utilities Department and asked Director Cutler for further input. Director Cutler advised the Council that letters had been sent to downtown businesses and service groups seeking information on the underground areas being discussed. It was learned there are some murals in the underground, the old Elwha Theater, as well as some storefronts in the underground that will not be affected by this particular project phase. Public Works has been researching alternative cost factors as relates to the underground areas, as the project as it is currently configured is estimated at $1.1 million. A structural sidewalk for this phase of construction would increase costs by at least $.5 million. The City would need to remm to the loan authority to explain the proposed changes to the project, and it is expected that additional funding would not be forthcoming. Director Cutler further explained the details of the watermain project and sidewalk improvements, all of which were considered by the Utility Advisory Committee. At that time, it was recommended that public input should be sought. Councilman Campbell asked if Public Works would make a presentation of the three options so everyone understands the trade offs that would be necessary. Director Cutler responded affm-natively. Manager Quinn suggested a potential fourth option, which would be to preserve one section of the vault area and recreate the downtown experience. Input is also necessary from the downtown business owners, and this should take place during the town meetings on this project. Discussion followed, and staff responded to questions and provided clarification. Councilmember McKeown asked if the impacted downtown businesses had given permission for their basements to be opened up to tourism. Jackson Smart, 472 Mt. Pleasant Rd., apologized for the work added to the project due to his enthusiasm for the underground project and thanked staff for all their efforts and support for the project. Mr. Smart stated he felt the underground city was a potential money maker by drawing tourism; it would alsO provide a step toward historic preservation. He has spoken to the business owners and is negotiating, for access and rights to the basements. Mr. Smart then described the locations of the areas his group would like to see preserved, to include the Family Shoe Store basement, Hutchinson Jewelers basement, the Elwha Theater, and murals in front of Pedal and Paddle basement. Manager Quinn stated that of the four locations mentioned by Mr. Smart, only one would be in jeopardy, but not until Phase III of the watermain project. However, Gary Kenworthy, Deputy Director of Public Works and Engineering, feels the waterline could be moved to the other side of the street. Further discussion ensued, and Councilman Wiggins was concerned with delaying Phase II of the watermain project. Mayor Doyle described the discussions on this issue which were held at the recent UAC meeting, where it was suggested that a public meeting be held regarding this issue. Councilman Williams explained why there is concern now, and what the future plans are for the layout of the underground city. Councilman Wiggins asked if it would be possible to hold a town meeting as soon as possible and complete discussions of the project so the City can still benefit from this construction season. Manager Quinn asked that staff be allowed at least two weeks to prepare for such a meeting. Staff will notify the property owners of the meeting date and advertise the meeting through regular media channels. Further discussion and clarification ensued and by consensus, a special meeting date was set for March l, 2000, at 6:00 p.m. in the Council Chambers. Fish Hatchery Lease 2. Fish Hatchery Lease Mayor Doyle reviewed the information provided by the Public Works and Utilities Department. Councilman Wiggins moved to authorize the Mayor to sign the agreement with the Department of Fish and Wildlife to extend the term of the lease on the Elwha Fish Itatehery until July 14, 2024. Councilman Williams seconded the motion. Councilman Campbell stated there should be a quid pro quo -2- 4131 CITYCOUNCIL MEETING February 15, 2000 Fish Hatchery Lease with Fish and Wildlife, as he felt a short-term lease should be offered with a long-term (Cont'd) lease contingent upon completing the watershed plan and protecting water rights. Councilman Campbell reviewed past problems encountered by the City and Port with Fish and Wildlife in the past. Councilmen Wiggins and Williams agreed with Councilman Campbell and withdrew the motion and second. Discussion followed. Councilman Campbell asked for the deadline for the watershed plan, and Director Collins stated the City had approximately two and one-half years left to complete the plan. Councilman Campbell suggested extending the lease for three years and including the long-term lease in the plan. At Mayor Doyle's request, Property Manager Madison explained that the lease contained a phrase stating it was subject to temporary modifications of the City's water rights and mitigating measures necessitated by the removal of the Elwha Dams. He felt Councilman Campbell's suggestion of a three-year lease would be better for the City and felt Fish and Wildlife would agree to this change. Councilman Campbell moved to authorize the Mayor to sign an agreement with the Department of Fish and Wildlife to extend the terms of the lease on the Elwha Fish Hatchery for a three-year period, ending July 14, 2002. Councilman Wiggins seconded the motion, which carried unanimously. Mombasa Coffee Company 3. Mombasa Coffee Company Lease Lease Mayor Doyle reviewed the information provided by the Public Works and Utilities Department. Councilmember McKeown moved to authorize the Mayor to sign the new lease agreement with Mombasa Coffee for the necessary space to house its propane storage tank at $125 per year, plus the necessary leasehold excise tax. Councilman Hulett seconded the motion. Following brief discussion and clarification, a vote was taken on the motion, which carried unanimously. VoiceStream Lease 4. VoiceStream Lease - Ediz Hook Mayor Doyle reviewed the information provided by the Public Works and Utilities Department. Councilman Campbell moved to authorize the Mayor to sign the lease agreement with ¥oiceStream to rent a portion of the communication tower and the necessary ground space at Ediz hook to support its building and equipment. Councilman Williams seconded the motion, which carried unanimously. Councilman Campbell asked that copies of lease agreements be included in future Council packets. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - 1. Street Vacation Petition - STV 99-03 - City of Port Angeles - Portions of 8~h OTHER: Street, the 8/9 alley, and Jones Street in the area of the Port Angeles Fine Arts Center. Street Vacation Petition - Fine Arts Center Mayor Doyle reviewed the information provided by the Planning Department. Director Ordinance No. 3044 Collins offered to display a map of the area under discussion to clarify the issue of the 8/9 alley as it regards access to the Port Angeles Community Players. Director Collins informed the Council that while the Planning Commission's recommendation opposed only a partial vacation of the 8/9 alley, discussions had been held with those property owners involved, and staff felt that this issue has been satisfactorily resolved. Referring to the Ordinance, Director Collins noted an error under Section 3 - Compensation. The amount indicated should be corrected to $1.68 per square foot. Discussion followed, and staff responded to questions and offered clarification. Mayor Doyle opened the public hearing at 7:15 p.m. Jim Butler, 711 Milwaukee Drive, Chairman of the Board for the Fine Arts Center, introduced Jake Seniuk, Director of the Fine Arts Center, displayed a drawing of the plans for the vacated area, and offered to answer questions. Councilman Williams asked about an encroachment, and Mr. Butler deferred to Carol Knebes who is also a Board member. Director Collins gave further clarification regarding the parking lot for -3- 4132 CITY COUNCIL MEETING February 15, 2000 PUBLIC HEARINGS - the Community Players. OTHER: Mr. Butler thanked the City Attorney and Parks Director Brodhun for working with Street Vacation Petition - them on this street vacation. He also informed the Council that the Fine Arts Center had Fine Arts Center paid closing costs and asked the Council to consider donating the proceeds from the Ordinance No. 3044 street vacation to the Fine Arts Center Trust. (Cont'd) There was no further public testimony, and Mayor Doyle closed the public hearing at 7:20 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 3044 AN ORDINANCE of the City of Port Angeles, vacating a portion of 8'b Street, the 8/9 alley, 9tb Street, and Jones Street, abutting Blocks 220, 221,278, and 279 of the Townsite of Port Angeles. Councilman [Iulett moved to adopt the Ordinance as read by title, citing Conditions 1 - 2, Findings 1 - 9 and Conclusions A - C, as set forth in Exhibit "A" which is attached to and becomes a part of these minutes. Councilman Williams seconded the motion. Following brief clarification, a vote was taken on the motion, which carried unanimously. Street Vacation - 2. Street Vacation Petition - STV - 00-01 - Heerschap - Portion of "H" Street Heerschap south of Third Street Mayor Doyle reviewed the information provided by the Planning Department and asked Director Collins for additional input, which he supplied. Using the overhead projector, Director Collins demonstrated the original vacation recommendation made by staff, responded to questions, and explained why the recommendation for denial was being brought forward. Mayor Doyle opened the public hearing at 7:29 p.m. There was no public testimony, and Mayor Doyle closed the public hearing at 7:29 p.m. Mayor Doyle asked if Mr. Possinger, the applicant, had been notified that the existing building was not restorable. Mr. Collins replied affmnatively, and stated he is also aware of this public hearing. Councilmember l¥1cKeown moved to deny STV 00-01~ citing Findings I - 18 and Conclusion A - C as set forth in Exhibit "B' which is attached to and becomes a part of these minutes. Councilman Wiggins seconded the motion, which carried unanimously. Break Mayor Doyle recessed the meeting for a break at 7:30 p.m. The meeting reconvened at 7:46 p.m. Olympic Coast Clean Up 3. Olympic Coast Clean Up Ordinance No. 3045 Mayor Doyle reviewed the information provided by the Public Works and Utilities Department and read the Ordinance by title, entitled ORDINANCE NO 3045 AN ORDINANCE of the City of Port Angeles, Washington, authorizing a special landfill rate for City-sponsored projects by non-profit organizations and amending Ordinance 2317 as amended and Chapter 13.56 of the Port Angeles Municipal Code. Counciimember MeKeown moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion, which carried unanimously. Attorney Knutson stated that the Ordinance authorized the Council to grant a rate reduction to non-profits under certain conditions for certain projects. A second motion would be appropriate to acknowledge the Olympic Coast Clean up as such a project. -4- 4133 CITY COUNCIL MEETING February 15, 2000 Olympic Coast Clean Up Councilman Wiggins moved to give a 50% landfill rate reduction to the Olympic Ordinance No. 3045 Coast Clean up Project on April 29, 2000. Councilmember McKeown seconded (Cont'd) the motion. Discussion ensued, and Director Cutler explained that a condition of the discount is that all materials be brought to the landfill no less than one hour prior to closure to prevent additional expense to the City. A vote was taken on the motion, which carried unanimously. Daishowa Franchise 6. Daishowa Franchise Agreement Deferred to next meeting. Lodging Tax Advisory 7. Lodging Tax Advisory Committee Recommendation for 2000 Lodging Tax Committee Allocations Recommendation Mayor Doyle reviewed the information provided by the Economic Development Director and deferred to Councilmembers Campbell and Wiggins who are on the Committee and Tim Smith, Economic Development Director. Councilman Wiggins explained that $348,000 is estimated in annual revenue from this source; however, $380,000 has been allocated. This indicates a drain on reserves which is currently at approximately $100,000. Tim Smith, Economic Development Director, informed the Council that an attempt was made to draft goals and policies regarding allocation of these funds. However, after lengthy discussion, these decisions had not yet been reached. Mr. Smith felt the committee was dedicated to establishing long-term goals, objectives, and policy issues for future funding. There will be a meeting held in March for just this purpose. Councilman Wiggins stated there was a problem in that $26,000 is needed for the Arthur D. Feiro Marine Life Center, but only $13,000 was allocated from the hotel/motel tax funds. This means the balance must come from some other City fund. Councilman Wiggins asked Manager Quinn to address this issue. Manager Quinn agreed that there is a funding gap for the Marine Life Center, as well as the Downtown Association. Also, an adjustment is necessary to the Lodging Tax Fund revenues to reflect the use of reserves to balance this budget. Manager Quinn stated staff is currently negotiating with Peninsula College for the operation of the Marine Life Center, and contracts and issues will be brought back to the Council in the future. All of this will lead to budget amendment proposals. Councilman Wiggins stressed that the Committee felt one year was not enough time to decide if the advertising campaign was working. Therefore, it was agreed that the marketing program should continue for a second year. With regard to the advertising campaign, Councilmember McKeown felt that if any other business invested $150,000 and only received a $4,500 return, they would consider other options and would be refused credit for continuing such a program. She agreed a year was not enough time to evaluate the campaign. However, she did not think the weather was a good excuse for a campaign failing, as it always rains on the Peninsula. Counciimember McKeown stated that she would vote for approval of the $150,000 for advertising, but there must be marked improvement in the numbers. Councilman Wiggins asked Rick Hert of the Visitor and Convention Bureau (VCB) to give a review of this year's campaign. Rick Heft, Executive Director of the VCB, stated a conversion study had been performed, and there was a 30% conversion rate. This means 30% of the people who inquired into visiting Port Angeles actually came, and 20% of these people indicated they planned a return trip in the future. The room tax showed an approximate 2.5% increase, while the County level was down 11%, and Sequim was down 32%. Mr. Hert stated the VCB was excited to be continuing the ad campaign and appreciated the Council's confidence. Councilmember McKeown stated she had attended a Committee meeting and found it very interesting. However, she noted that Parks & Recreation had requested $45,000 and only received $28,000. The Finance Department provided her a report which showed the number of people that came to Port Angeles for the various sports tournaments hosted by Parks & Recreation, and an estimated economic impact to the community based on those numbers. A conservative estimate of $560,000 was spent in the community thanks to these programs. Councilmember McKeown felt it was -5- 4134 CITY COUNCIL MEETING February 15, 2000 Lodging Tax Advisory irresponsible to give less than the requested allocation to the Parks & Recreation Committee programs based on these figures. When there is a proven program, it should be Recommendation (Cont'd) supported. Discussion ensued, and Councilmember McKeown felt the final decision on fund allocation should come from the Council. Councilman Wiggins asked Director Brodhun if there would be program cuts this year. He responded that every year $40,000 is requested, but about $28,000 is received and the budget is balanced on the backs of employees and the General Fund budget. However, he informed the Lodging Tax Committee this year that he did not feel he could balance the budget this way any longer, as the amount requested truly reflected what was needed to provide the programs. Director Brodhun stated that this weekend 54 teams are coming to Port Angeles, which is more than 1,000 people. Without the proper funding, Director Brodhun felt there is a strong possibility of reductions in the program. Councilman Campbell felt that discussion must be held on goals and direction given regarding allocation of funds between marketing events and "bricks and mortar". He asked the Council to give the Advisory Committee the opportunity to show what it can accomplish through the marketing effort and the events approved. Further discussion ensued. Staff responded to questions and provided clarification, and Council voiced its opinions and concerns relating to the allocation of these funds. Councilman Wiggins moved to accept the recommendations of the Lodging Tax Advisory Committee as presented. Councilman Campbell seconded the motion, which carried by a majority vote, with Couneilmembers MeKeown and Eriekson voting in opposition. Mayor Doyle noted that one of the committee members had missed tour of five meetings and suggested a replacement be sought. Councilman Wiggins stated this would be looked into and invited the other Council members to attend the next Committee meeting. Fiber Optic Presentation 8. Set Meeting Date for Fiber Optic Presentation Mayor Doyle reviewed the information provided by the Public Works and Utilities Department. A meeting date was set for Thursday, March 16, 2000, at 4:00 p.m. Labor Contract - Teamsters 9. Request Approval ofl Labor Contract - Teamsters Union #589, Non-Sworn Union #589 Unit Manager Quinn stated this issue would be discussed during an Executive Session and asked Council if it wished to defer this item until after that time. Council agreed. INFORMATION: City Manager's Report Manager Quinn complimented Mayor Doyle on the great job he did in presenting Senator Gorton's statement and his own comments at the dam. Manager Quinn noted that during the break he had distributed copies of the f'mal budget to Council members. He expressed his appreciation to staff for its efforts in getting the f'mal document out in a timely manner. Manager Quinn also expressed a need for a special meeting to discuss Capital Improvement Projects, as the money has been budgeted for projects but not allocated. Mayor Doyle thanked Manager Quinn and Finance staff for its efforts and diligence. Councilman Wiggins pointed out an error in the meeting schedule. The second Council meeting of March is the 21" not the 14t~ and Manager Quinn noted the Service Award Luncheon is set for March 1 not February 23. ADJOURN TO The meeting adjourned to Executive Session at 8:35 p.m. to discuss one item of union EXECUTIVE SESSION: negotiations and one item of real estate and potential litigation for approximately one- half hour to forty-five minutes. RETURN TO OPEN The meeting returned to Open Session at 9:20 p.m. SESSION: -6- 4135 CITYCOUNCIL MEE'TING February 15, 2000 Teamsters Union #589 9. Request Approval of Labor Contract - Teamsters Union #589, Non Sworn Unit Mayor Doyle reviewed the information provided by Human Resources. Councilmember Erickson moved to approve the labor contract between the City and the Teamsters Union #589 for the Non-Sworn bargaining unit, covering the period January 1, 2000, through December 31, 2002, and authorize the Mayor to sign the contract, which will implement the wage increase effective January 1, 2000. Councilman Campbell seconded the motion, which carried unanimously. On another matter, discussion was held regarding fiber optics placement in Port Angeles and upcoming meetings regarding the potential for access by City residents. ADJOURNMENT: The meeting was adjourned at 9:35 P.m. .~...,....._..~ fi4] B-~cky J. UI~, C~ Clerl~ ~'- Lan'y D~yle, l~ay~/ / -7- 4136 4136 THIS PAGE INTENTIONALLY LEFT BLANK 4137 Exhibit "A" CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION - STV 99-03 - ESTHER WEBSTER FINE ARTS CENTER: Condition: 1. Utility easements shall be retained in the Jones Street, 9th Street, and 8/9 alley vacated rights-of-way for service of existing utilities. Findings: 1. The petitioners are the Port Angeles Fine Arts Center/City of Port Angeles, Community Players, Mr. and Mrs. Howard Ruddell, Mr. Duncan McKieman, Ms. Mary Johnson. The application/petition was submitted on November 1, 1999, and is attached as Attachment B of the January 26, 2000, Planning Department Staff Report for STV 99- 03. 2. The requested vacation is for those portions of Jones Street abutting Lots 9, Block 279, Lots 9 and 10, Block 220, Lots 1 and 18, Block 221, and Lot 1, Block 278; 8th Street abutting Lots 1 - 9, Block 279, and Lots 10 - 18, Block 220; 9th Street abutting Lots 10 - 13, Block 279; and the 8/9 alley abutting Lots 1 - 18, Block 279, Townsite of Port Angeles, shown as Attachment B of the January 26, 2000, Planning Department Staff Report for STV 99-03. 3. The Port Angeles Fine Arts Center is the primary petitioner for the vacation. Other surrounding property owners, while not objecting to the vacation, do not wish to participate in the action with the exception of Mr. and Mrs. Howard Ruddell, who wish to obtain a 15' of the right-of-way abutting their property (Lot 1, Block 278, TPA). 4 The topography of the unopened rights-of-way and abutting heavily treed properties slopes mainly north and west such that development of the rights-of-way has not been desirable. 5. The vacation of right-of-way is categorically exempt from environmental review per Section 197-11-800 (2) (h) of the Washington Administrative Code which states "(2) Other minor new construction. The following types of construction shall be exempt... (h) The vacation of streets or roads." 6. The City's Fire Department expressed concern that the 8/9 alley should be retained for public access to ensure adequate circulation in the event of an emergency. The City's Public Works and Light Departments will require that 20' easements be retained for access to existing underground and overhead utilities. 7. The subject property is zoned PBP, Public Buildings and Parks, and is designated as Open Space on the City's Comprehensive Plan. 8. Utilities and Public Services Element of the Comprehensive Plan Goals A, B, and C, and Policy B.3. support the proposed vacation for public use. 4138 9. The site was posted and notification of the proposal was placed in the Peninsula Daily News on January 5, 2000. No comments were received during that time period. Conclusions: A. The proposal complies with the goals and policies of the City's Comprehensive Plan. B. Traffic pattems in the area will not be affected by this vacation. C. The proposal is in the public interest. Adopted by the Port Angeles City Council at its meeting of February 15, 2000. ~V~ay~/~ty ;~ort~geles ~ck~ J. u~nl Cqy Cl/rk r - 4139 Exhibit "B" FINDINGS AND CONCLUSIONS FOR DENIAL OF STREET VACATION PETITION - STV 00-01, HEERSCHAP: Findings: 1. A petition for vacation of right-of-way was submitted by Will Possinger, a representative of Mr. and Mrs. Heerschap, on December 10, 1999. 2. The proposed street vacation is for a portion of"H" Street abutting Lot 7, Block 123, and abutting a small portion (south of Hill Street and north of Milwaukee Railroad rights-of-way)of Lot 1, Block 125, TPA. 3. The subject property abuts not only the "H" Street right-of-way but also the Hill and 3rd Street rights-of-way. 4. "H" Street and 3rd Street are not improved streets, except where Hill Street ("H" Street right-of-way) and Marine Drive (3rd Street right-of-way) are improved. 5. Hill Street and Marine Drive are arterial streets on the City's Circulation Plan Map. 6. The intersection of Hill Street ("H" Street) and Marine Drive (3ra Street) is not properly situated within the rights-of-way; in similar fashion to the location of the Brickie's Tavern building, each is across their respective western property lines. 7. The Brickie's Tavern building is a nonconforming structure because of inadequate setbacks from these rights-of-way. Approval of this street vacation will not correct the nonconforming setback problem, and the building would remain a nonconforming structure. 8. The vacating of a street is categorically exempt from a SEPA threshold determination and Environmental Impact Statement requirements per Section 197- 11-800 (2) (h) of the Washington Administrative Code which states "(2) Other minor new construction. The following types of construction shall be exempt.. (h) The vacation of streets or roads." 9. The Public Works Department had the following comments: 1) Per our utility records, there appears to be a storm drain catch basin in that portion of the proposed 'H' street vacation area. It also appears that the storm drain main crosses diagonally under a portion of the existing building. 2) Due to the environmentally sensitive steep sloped hillside area immediately south of the existing structure, a proposed storm water drainage plan and erosion control with re-vegetation plan will be required as requested in the clearing and grading 4140 Heerschap STV 00~01 Findings and Conclusions Page 2 permit application (C&G99-19). 3) Relocation of the existing storm drain from under the existing building will be required, and 4) Only vacate the easterly 25' of'H' Street and retain a (10' x 10') section of the northwest comer of the right of way. 10. The Fire Department had no objection provided that the vacation will not interfere with the ability to provide needed modifications now, or in the future, to the intersection at Marine Drive and Hill Street. ! 1. The Planning Department commented that some portions of the rights-of-way should not be vacated as proposed, because they are needed for existing facilities such as storm drainage and guard rails and may be needed in the future for intersection improvements at Marine Drive and Hill Street, which are arterial streets serving circulation to the Port Angeles Harbor industrial area and to the westside of the City. 12. The topography of the unopened "H" Street right-of-way and the abutting properties, which is heavily treed, slopes mainly north and west such that development of the rights-of-way has not been desirable. 13. The subject area is at or on the lower portion of the historical marine bluff, which is a geological hazard area and where a landslide in 1997 killed a person and destroyed a portion of the Brickie's Tavern building. 14. The northem portion of the subject property as well as the property north of subject property are designated as Industrial Heavy (IH), and the southern portion of the subject property as well as the property south of the subject property are designated as Public Buildings and Parks (PBP) on the City's Zoning Map. These same areas are designated as Industrial (I) and Open Space (OS) respectively on the Comprehensive Plan Land Use Map. 15. The proposed street vacation was reviewed for consistency with the Port Angeles Comprehensive Plan. 16. Per the required publication and notification procedures, the site was posted, and notice of the action was published in the Peninsula Daily News on January 7, 2000. No comments were received during the publication and posting period. 17. The City Council held a public heating for consideration of the petition at its February ! 5, 2000, regular meeting. 18. As a nonconforming structure, the Brickie's Tavern building cannot be restored or reconstructed without meeting the required setbacks. 4141 Heerschap STV 00-01 Findings and Conclusions Page 3 Conclusions: A. Some portions of the rights-of-way should not be vacated as proposed, because they serve the public interest where they are needed for existing facilities such as storm drainage and guard rails and may be needed in the future for intersection improvements at Marine Drive and Hill Street, which are arterial streets serving circulation to the Port Angeles Harbor industrial area and to the westside of the City. B. The street vacation will not correct the problem created years ago when the Brickie's Tavern building was constructed in the "H" Street right-of-way, because as a nonconforming structure it cannot be relocated on the lot in such a way as to allow restoration or reconstruction necessary for reuse of the building. C. The proposed street vacation is not in the public interest, since there is no need to compromise the public rights-of-way necessary for arterial street and utility purposes if the nonconforming structure cannot be restored or reconstructed. Adopted by the Port Angeles City Council at its meeting of February 15, 2000.