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HomeMy WebLinkAboutLUA1963 Rezone File#6Resfra'ining.Order.Asked More About — - Li.viiÜilt C II It _ tons and aspects of the suit t x;• f the council•at its Monday•mee p Shellan said he`still take,10..:; ye r._ the position he presented earliZoningFusserwhenheadvisedthecounci: to, condemn the land and aLocalcontractorandbuild- Pt• '• Shane's'attorney Dave Dob- foot strip was zoned non-busi- • "•. Shane,for it ifthey want to relter;•Charles Shane filed a suit son, filed a writ of prohibition,ness because it was felt the tarn the ten foot strip for futureinKingCounty'Superior Court against the cityg use or to'zone it business likgaskingthata.land would have to be used for I last-;Week against the City of tem ora restrainingorder be street right-of-way in the ad- P I'Y g Y the Test of the surroundingRenton. ... ` granted by the court prohibit-'vent of an-'arterial'along 97th - c land if they do'not want to'buyASh'ane`has thus.carried.out ing thecity from issuing a.stop Avenue. and Edwards Street - the land. 'a threat;he-Made•at a council work order on a building Shane connecting.with both the Dun- -- t`Shellan said It really is not ameeting'in"late-May following has under construction south lap Canyon Road-and the East _ . i legal question but rather nazoningwrangleoveratenoftheRentonShoppingCen- Valley Highway.,- - • : planning and-engineering -ifoot,strip of,land which Shane ter.near the Sears.Warehouse. "City Planning 'Director.C.tion of just what the City wantsownso`n.97th Avenue near the Shane's writ of_`prohibition David Jensen: explained the 1 to do "buy the land or leaveRenton.Shopping Center. , • was based 'on the contention.land`should..bp available for.. -- - ! it alone."; -: -tAtthattime he had promised that zoning in Renton is illegal use as•part of a comprehensive - i- "Prior to the.legal action by!e\would go to the courts if the without a comprehensive.plan. Plan'far the city:"Without-the • _ " 1Shane-the council-had votedCity;,retained its -position of -The city currently is in the ten foot strip of land the street • six`to four-to reaffirm its posi-Ikeepingg-a non-business,zoning Midst Offormulating a compre- would .make a jog and" would tion of requiring Shane tolclassiRcationon.the ten foot hensive overall'development not•have correct alignment maintain the r ten foot„non-!land strip. plan for the city which would with Edwards Street.- business zone classification;onjcoverallzoning'questiions. At Shane contended the city.did • his ten foot.,strip along 97th the present. the•city_does not not need his ten foot section . •Street. . i have What could be called a as, it has enough right-of--way comprehensive zoning plan. for a first class,street already. Shane is challenging the city's . He also .said• that he felt if right to leave a ten foot strip the city wanted the ten foot . of his.land bordering 97th Aye- strip- of land so badly they • nue;-with a'non-business zone should'pay him for it. He felt designation. :the:stop.work order issued by-_ _ He had`started to erect.a. the office .of James Hightail,- i foundation, reportedly'.for,a. City Building.Superintendent,. tavern, on his property with was unfair and prohibited him about five feet of the building the proper pursuit of private- jutting into.the,ten foot strip commerce. .. which was not zoned'for busi City .Attorney Gerard Shel • ness•purposes lan who has studied the 'case . The 'City',Planning Depart- explained the legal•implica- ment had explained'the *ten (Continued on Page2) V RU Y+II'+ow c. RNUKUII lNPibr •.•—'--"a. ••• AN ORDINANCE-OF OF THE CITY 13F RENTON, WASHIN T N,. OF RENTON, WA ING ON,,, L • HANGING ZONING sl- CHANGING ZONII*LASSI- CHA:ICATION OF CERTAIN- Ip- FICATION OF CER PROP-, r ERTY WITHIN THE CII.'-/JF ERTY WITHIN THE ITY OF DISTRICTSSI tENTON FROM GENERAL CLASSIFICATION RENTON FROM GENERAL LAW DISTRICT G) TO BUSINESS DISTRICT IG) TO BUSINESS DISTRICT B•1) WHEREAS under Chapter WHEREA under Chapter iVII, Title IV (Building Regula-• VII, Title IV (Building Regula tions) of Ordinance No. 1628, Lions) of Ordinance No. _1628, known as the "Code of General. known as the "Code of General, Ordinances of the City of Ren Ordinances of the City of Ren- ton," as amended, and the maps ton," as amended, and the maps , adopted in conjunction there- adopted in conjunction there- ' with, the property'hereinbelow with, the property hereinbelow described has' heretofore been described has heretofore been zoned as'General Classification zoned as•General Classification District (G), and D WHEREAS( G) and under the afore- 1 WHEREAS under the afore- said Ordinance,-as amended, a said Ordinance, as amended, a ' proper petition for change of ' proper petition for change of zone classification of the herein- zone classification of the herein-2 below described property has below described property has been filed with the City Clerk of been filed with the City Clerk of the City of Renton on or about the City of Renton on or about December 21, 1962, which peti- December 21,which peti- tion was thereafter referred to' tion was thereafter referred to the Planning Commission for in- the Planning Commission for in- vestigation and study and there-' ation and study and there-' after a public_ hearing having aftera l public hearing having been held before the City Coun-•1 beeenen held beforeore the City Coun- cil on or about January 28, 1963, cil on or about January 28, 1963, which matter was then duly con-. , which matter was then duly con-. tinued, all'pursuant to notice of tinued, all'pursuantto notice of I hearing duly published and post- ed provided duly published and post- ed as provided by'law; and said as by'law; and said I Planning Commission having Planning Commission having duly considered •and recom duly considered •and mended said rezoning and allrecom- mended said rezoning andndall parties having been heard ap-' parties having po t heard aor pearing in support thereof or pearing int support thereof or 1.in oppostion thereto; NOW• THEREFOREn thereto; NOW THEREFORE BE IT ORDAINED BY THE, BE IT ORDAINED BY THE. MAYOR AND THE CITY COUN • IL MAYOR AND THE CITY COUN- CIL OF THE CITY OF REN-, CIL OF THE CITY OF REN- I'TON AS FOLLOWS: TON AS FOLLOWS: SECTION I: The following de-, SECTION a The following de-, scribed property'in the City of, scribed issoperry inrezonedzCity to" Renton is hereby rezoned to BBusine hereby 1); h to Business,District (B-1); the City•' Engineer District Planning the City• Engineer and the Planning Di- rectorEng are and the Di- I rector are hereby authorized• and hereby authoried• and directed to change the maps directed to change the maps of the zoning ordinance, as„ of the zoning thisordinance, re- as„ amended, to evidence this re- zoning; amended, id propertye i zoning; said property being de-', as aid being de- scribed as follows: scribed' The South follows: The South 270 feet of the North The the feet of the North 300 feet of the West 150 feet of 300 Easta of feet of 150th North- feot o the East 170 feet of the North- west 170r of ect , west Quarter of Section 19,• Tost Quarter N., Section 1.,• Township 23 N., Range 5 E., , Township 23 Range 5 E., ton; EXCEPT the East 10 feet fe W.M., King County, Washing-• W.M., King Washing-• ton; EXCEPT the East 10 feet thereof. thereof. and said rezoning to be further andb said rezoningh to be further I subject to the laws and ordi- nan subject ofo the laws and ordi-' nances of the City of Renton. SECTIONnances the CityThiss Renton. Oria SECTION II: This Ordinance shallbin fullII andinfeffectce I shall be in full force and effect''shall and afterin force and I from and after its passage, ap- from ega its passage, ap- proval and legal publication. • proval and legal publication. b PASSED BY THE CITY PASSED BY THE CITY COUNCIL this 25th day of Feb- COUNCIL this 25th day of Feb- • ruary, 1963.I ruary, 1963. HELMIE NELSON' HELN1rE NELSON' City Clerk • City• Clerk APPROVED 'BY THE MAY-APPROVED BY THE MAY- OR PRO-TEM this 25th day of OR PRO-TEM this 25th day of February, 1963. February, 1963. WALT REID WALT REID Mayor Pro-Tern Mayor Pro-Ter APPROVED AS TO FORM: • IAPPROVEDASTOFORM:I GERARD M. SHELLAN GERARD M. SHELLAN City Attorney City Airney I' Published in The Renton Town Published in The Renton Town Talk February 27, 1963. Talk February 27, 1963. I i' . . NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL Renton, Washington A PUBLIC HEARING WILL BE HELD BY THE RENTON CITY COUNCIL AT ITS REGULAR MEETING, IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, ON wan PS, 196) AT 8:00 P.M. TO CONSIDER A PETITION FOR nap! *3 tip 1-j1 OF THE FOLLOWI DESCRIBED PROPERTY. The South 270' of the North YIP of the Vest 1501 of the last 170N of the N of Seethe1$, Ipinitj 13 Le law 5 N. lilt., Xing O tea. ANY AND ALL PERSONS INTERESTED OR OBJECTING TO SAID BUM ARE INVITED TO BE PRESENT AT THE RENTON CITY COUNCIL MEETING AT 8:00 P.M. ON Jul $, 1963 TO VOICE THEIR PROTEST OR OBJECTION TO SAME. HELMIE W. NELSON, CITY CLERK DATE OF PUBLICATION: JAN 1 6 1y 4 CERTIFICATION I, /PERe./N LOGAAJ HEREBY CERTIFY THAT THREE (3) COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AND ONE COPY WAS POSTED AT THE CITY HALL, RENTON, WASHINGTON ON Cam_.,_ 16 / /463 AS PRESCRIBED BY LAW. SIGNED, ATTEST: Nari)Y M$LTC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT RENTON. ukiapito svi . 1.-e.z . ASR ,R11.4.1E WY clirigInai CITY TREASURER ' S RECEIPT N?5754 RIENTEIN, WASH. y ( / r ..,. 3, PECEIVED 0 4, --..". .' --L.,' ---' j J2 X.• ....,C-4.-^,---'--- rpm • ,:: C - i t , ( ,)-- i...- . I I I TOTAL 1 DOROTHEA S. GOSSETT CITY TREASURER, 7/. M May 17f 1963 Mr. Charles 3hane 1)408 ',Kw Street Renton, Washington Dear Mr. Shan't This letter is to infer you that the concrete foundation for your building at l!h23-]1 25 92nd Avenue South has been con- structed without request for inspection by the Building Depart- ment. Construction without inspection i.e a violation of the Building Code. I also bring to your attention the restriction under the r zoning ordinance No. 2013 which reserves the east 10 feet of tho property for "0" alaasification. The building foundation extends 5 t 44." into the "0" so e which is a violation of the ordinance for business use. I bring these violations to your attention and request you take the necessary steps to comply with the ordinances. Very truly yours, Janes L. Highton Superintendent of Buildings JLH t retc cos City Council w. 4.,M r:• 11/" 1 . If) an(G an l VW AS M I! I G T OM the Jet Transport Capital of the World a310 * 11 OFFKi OF THE CITY ENGINEER May 20, 1963 Honorable Frank Aliment, Mayor Members of the City Council Gentlemen and Jeanette Dahlquist: The original of the attached letter was sent Mr. Charles Shane by registered mail to notify him of violation of City Ordinances with regard to the construction of a commercial building on 92nd Avenue South at 7th Avenue. Failure to comply with the Zoning Ordinance will result in a Stop Work" order unless otherwise instructed by the City Council. Very truly yours, J s L. on perintend of Buildings JLH:mc i GJ`G... YJF':; Cl=E'ICE a,3 F CEi VED e},. r, JUN 27 1963 4 v RANKK AU Wei ENT IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR SING COUNTY TAT" 'Q:y f.4i.i '• 'rTON ca re'. CiARLES F. SHANE and AGNES E. SHANE,NO. 60 321 •. , 7 e= ORDER TO SHOW CAUSE WHY Rolato?a, A WRIT OF PR IFITION Sill; NOT ISSUE VS. 1y63 t , t%'lTT 0? REN ON, FfA. K M D1rNT, i t.s 2 Mayor,land .YAMES HIGHI`O T, its v% :,,,, 4, 2, . 7t?sp ee r1' '. 4, Respo'nderte. sly,. TO: The City of Renton, frank Aliment, its Mayor, and Jamas Uiahton., eta Building 7nopector: ViNTASAS, the eibove-narted Relators t4flS,s, filed thoir application, made eipnv the a f'_'davit cf Cher ,!4 F. Shane, .ior a Writ. of Vrahibl t io'' ':u p7-ohil iv. and rest':ain; the dcovu-named gpondentts from icd.uinr, ct 9top-= ork e<xeer o : nuy prosecution based thereon, and good cause appearing therefor, now, therefore, IT IS HEREBY ORDERED by this Court that you be and appear.before the Honorable b% 'v J°"; '-- Presiding Judge:, Rom lio. 9I, }ing County Courthouse, Seattle, Rasbington, on the . .. ' 1.0 , ' . day of 1963, at the hour of 10:OO: .o'c lock it. M. of said day{, Users and there to show cause, t any . lre ' havw, Why a Writ of ProLibition should not issue as prayed by, said, Relators, and why you ' should not be prohibited and re Spits ed: fromx.issuing the order and prosecution hereinabove refitii4 to 'imd, u ti : "fuz they order hi this Cocain, you are can- mc z ded to deb44t.'and••refrain_ cinfasut$u such stop-work order or instit:utine .,y 71el tion-beajed. .rr eon.N; DONE IN PEN COURT 1963.i ' o71+ 1 Presented by: S U D 4 it t, ? DOBSON, HOUSER & DOBSON By: ,Avid C. Dobson Attorneys for Relators Renton, Washington IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY STATE OF WASHINGTON, ex rel CHARLESS F. SHANE and AGNES E. SHANE, NO. 60 his wife, Relators, vs. APPLICATION FOR WRIT OF PROHIBITION CITY OF RENTON, FRANK ALIMENT, its Mayor, and JAMES HI(RITON, its Building Inspector, Respondents. 3 STATE OF WASHINGTON ss COUNTY OF 'KING Charles F. Shane, being first duly sworn upon oath, deposes and says: I. That Relators are the owners of the following-described real estate situate in Renton, King County, Washington: The South 270 feet of the North 300 feet of the West 150 feet of the East 170 feet of the northwest quarter of Section 19, Township 23 North, Range 5 EWN. II. That Frank Aliment is now the duly elected Mayor of the City of Renton; that Respondent, James Highton, is now the appointed and acting Building Inspector for the City of Renton. III. That on or about December 21, 1962, Relators filed with the City of Renton a petition requesting that the above- described real estate be rezoned from classification District (G) to Business District (B-1). Pursuant to that petition, Ordinance No. 2013, entitled "An Ordinance of the City of Renton, Washington, Changing Zoning Classification of Certain Property 1- Within the City of Renton From General Classification District G) to Business District (B-1)," was enacted by the Renton City Council on February 25, 1963, approved by the Mayor on the same date, and rublished in the Renton. newspaper on February 27, 1963. By this ordinance, the above-described property owned by the Relators was rezoned from 'General Cleseificet:tcan District (G) to Business District (B-1), except the East. ten (10) feet thereof, which retained the General Classification District (C) zoning. IV. ' That, thereafter, Relators applied for and were issued a building permit to locate a .commercial building on the above- described property. That Relators then com®enced construction of the building and located the footings and foundations for said building within the East ten (10) feat of the above- described property, which retained the General Classification District (G) zoning. That, on May 17, 1963, Respondent, James Highton, Building Inspector of the City of Renton, mailed to Relators a 'letter stating that -the building foundation extends five feet, four inches (5'4") into the (G) zone, which is a violation of, Ordinance No. 2013 and for Relato» to take steps to comply. Thereafter, Relators requested the Renton City Council to reconsider this zoning matter and to rezone the whole of the property to (B-1) , as had been recommended by the Renton Planning Commission. . On June 10, 1963, the Renton City Council passed a motion to adhere to the original ordinance passed by the Council, which maintains '(a) -e~oning .of i ' tea '(10) foot strip. • V. That,, on October 17 , '1939, the Menton City Council enacted Ordinance No. 1083, entitled: 2- An' Qraiinanc«. of the City W=i:f .Re:;iton, 7r;ashingcoe , • establishing and. defining a building code; regulating the non- : . strums tion or ovtng, of buildings within the City of Boonton, requiring .'a -permit for all ,bui ding construction or. .seewer con- nectio>ces -a nd `fixing tbs fee therefor,' establishing' the 'size- Of sleeping. rooms; establishing a' fire district, prohibiting 'the , ' rebuilding 'or moving of buildings 'deprec i.ated 50% .in value, ' regulating the construction' of sewer`connections, providing a : penalty for` violation hereof .and repealing :Ordinances No. 243,' 254, 262, 445,. 5255, 531, and '1b13,r Wit, ,on Septem'her 22, 1942,. the Renton City Council .-- eeacted Ordinance. No. 1164, entttied . A .Ordinance to regulate and restrict the location ' and use oaf buildings and the use 'of land-within the. City ofRenton., Washington, to limit the height of buildings, the pre- scribed building lines and 'size of yards and other open spaces, and .for these purposes to divide theCity into districts and dingy Ordi nance. No. 1083• of the City .of. Reaeton, Washington, passed and .approved. .October 17, 1939.- That, .on; .Deceeaeber ,8...• 1953, the. Ranter City .Council enacted •Ordinance No. 1472, .as., amended, entitled: . fie` Ordinance of the ,Cityof_ Renton,. Washington, ae. . amended. by Ordinanc e.No. 1542 and No: 1683, to regulate and ' . restrict the location •and use of -buildings. .aand the 'use of land . . within the City_ of 'Renton, Washington,. tb . limit the height of ' buildings, to prescribe building lines' and-the size of' yards and . rather. open .spaces and for these purposes to divide the City intodistricts:land repeeating Ordinance No.' 1164 Of the Cityof Reentoae Washington."s Ttat, -on' august 27,.. 1957,' `,the 'Renton City'Council enacted Ordinance No. 1628, eentitleed: An Ordinance, of the, City 'of 'Renton, .Washington„... adopting a.'codification of, the`:general -ordinances of :the Cityof.. Renton;; repealing ordinances, or parts of 'ordinances in confict , . therewith, and- fining the effective' date of ' said cods." That the zoning rules and regulations are set forth . in T`itle.'IV,' Chapter 7,• of. :said Code• of General Ordinances of '• the -City.;of Renton. That -thee, foregoing. ordinances: involving soli were enacted under 'the authority otf _Chapteer, .44• , Session laws of 1935,',of the. State. of 'W'ashington. r t VI. That the above ordies relating to zoning are null and•void and ••ainy ,attempted enforcement thereof or thereunder .are beyond t`be jurisdiction ;of the Respondents for the following reasons; 1) :,That they ,were not worked out as a part of a comprehensive plan, as, required' by RCW• 35.63.090, (Laws of 1933, Chapter •44',. .Section 7). 2) That,, at the time these ordinances wire enacted by the Rernton City' Council, no valid, comprehensive plan existed affecting the. described p*op.rt_ Alternatively, if such :a plan then existed, the zoning ordinances were null 'and'void..because: 1). Such. a Arlan had never been properly certified or filed nor had, any' maps•or plats referred to or adopted by the ordinances been certified •and filesd, as required by law. 2) No public hearings were held thereon nor were the notices given, as acquired by law. 3) _Ordinanci Be. 2013, As enacted, constitutes spot zoning as to the wining of the 'Bast ten (10) feet for (a) classi- fication and, -also, was an .unreasonable, arbitrary, capricious, discriminatory and. confiscatory act of the Connell. , VII. Mutt, because the coning, laws of the City Zoning Ordinances of-the City of'.kenton •aae. void, the Relators have the absolute right to use .end dove/op their property as they see fit. That :the Relators .inteind to Continue the construction of 'their building 'where. the foundations are now located, and it is aorta that, unless the City of Renton, its''Mayor, and its Building Inspector are prohibited from issuing .a stop-work order and fur- . ther prohibited from bringing any cri*4.nal prosecution baited there- on, . they Will do 'so-, and the ,Relators Will .thereby de depriv erd of their property without du. process of Law,, Contrary 'to the Constitution of the State of Washington and of the United States and contrary' ,to. the ,statutes of the::Saito of Washington. That the-_Relator* hay, no plain, speedy, or adequate remedy at. law. WHEREFORE,• Relators 'prey,: that. .an :alternative Writ of Prohibition' .issue out of: this Court;, directed to said City of Renton, its"Mayor, Frank Aliment, and-its Building Inspector, James. Righton`, commanding ,then that,' :they desist and refrain from • further proceedings in the acts 'and l, aaettters herein Specified until the.•further "order of 'this Court, . end ',particularly that they desist and,refrain from issuing .a . 'stop-work Order 'in connection With the.'cenistruction on the Relators` property or any prose- cution based,upoan such stop-work Order and that,upon .the return day of said order, to ehow'.eauser why ,this Court should not issue - its' Pre-emptory Writ, absolutely **Straining and prohibiting the City of Renton, its Mayor, end' its Building Inspector from r issuing ae st i-work order 'on;the matters ',hrrrein ipeeeifi.d'- and to prohibit then from basins any prosecution upon said 'stop-work order, and that 't Rela ors receive such Other and further relief as, .nay seem just and proper in the promises.. DOBSO , ROUSER & DOBSOB'. By= David C o Dobson Attorneys for,Relators . . Renton, Washington STATE OP WASITYtiCrrOi 1H' OF xrin Charles F. Shane, being .first duly sworn aaa oath, deaoses and says: That he is on. of the Rsalators• above named; • that he ..use read the 'above and foregoing Application' ,for Writ , of ' rohibition,' .knmo 'the contents thereof and believes the same to I:cc true. f (Charlei i . Shan+ SUBSCRISED AND SWORN to before as this ?.fr., day of June, ,1963. tiry Publie in ant(''©r thsltate of Washi.n,43.ton, residir. , at Renton. July 1'Y, 19,63 United Brotherhood of Carpenters and Joiners of, America Renton Local 1797 231 'BurrnettStreet Renton, Washington Attention: .Mr, Chas .W. P'aeidock, - Business.Represeintativ Cent1emon: Pursuant to our .previous continications relative to your inquiry and req neat regarding the'.property-of Mr. Charles 'Shane, the Pity Council hereby advises that the matter has been resolved and the, mroperty zaneaI oy C .:ty ,of'Renton ®rdirianee No. 2045,: `to B-i.'• Yours. very trulY;. . ' CITY '©F RE i'fON .. He7rpie W. Melon, City Clerk" • June'':.28, 1963 United Brotherhood of Carpenters, and'Joiners of. America Renton Local'No 1792 231 North Burnett Street Renton, Washington" The Renton City Council, at its regular meeting of June 24, 1963 has referred your communication,relative to 'prior council action 'on the Charles Shane property to the Council As A, Whole. A meeting will be scheduled.for discussion of the matter rat an early 'date. Yours`very, truly, CITY 'OF RENTON Helmie. W. .Nelson,' City Clerk RWN/dm rG0 C'r 1.44 UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA IMBUED BY AUTHORITY OP svUNITEQBRpnieQz MfhkGA 13 G pae°te ODD P r 1 ° GIDTel16 j9p0' G/ 3DCARPENTERS g RENTON LOCAL NO. 1797 231 North Burnett Renton, Washington June 24 1963 Hon. Frank Aliment, Mayor of the City of Renton City Hall, Renton Wash. Dear Sir: Being interested only in promoting work for the Carpenters of this Union and supporting our Contractors in this area to the best of my ability, I am concerned with the construction on the property of Chas Shane where it appears that he is not being given the same consideration as the other land owners in the same section of Renton, namely 97th Ave. South and 7th ave. The demanded ten foot set back required for his building will greatly decrease the size of the building and lessen the work for our carpenters, therefore, I am requesting your Honor and the City Council to reconsider their position taken on this matter and allow Mr Shane to build as previously planned. Thank you for any consideration, Yours Truly CasW Pad oc , BusiAess Rep. MAYOR'S OFFICE RECEIVED JUN 24 1963 FRANK ALIMENT i 1 COUNCIL AS A WHOLE COMMITTEE MEETING June 10, 1963 10:00 p.m. The meeting was called to order by President of the Council Delaurenti, for the purpose of making a determination regarding the request of Mr . Charles Shane for B-1 zoning of a 10 ft. strip of his property which had been established under Ordinance No. 2013 on Feb ary 25th, as G zoning. City Engineer Wilson presented maps and drawings of the proposed future right of way and outlined alternative plans to provide for a proper alignment in anticipation of subsequent development of the area. One plan was proposed which would require additional right-of-way from Mr. Shane and Mr. Bonnell for a proper alignment, assuming dedication of the existing street (Edwards Street) . Another proposal was to move the right of way Easterly requiring realignment of the existing right- of-way or secure wedge of land (Mr. Shane' s property which is being purchased by the Railroad) and shift the improvement into the larger right of way to the East. Mr. Shane upon inquiry as to whether he was willing to any such arrangement advised that there is adequate property for the right of way, he should not be deprived of the use of his land citing negligence to be the result of existing problems, and stated he would give one piece and should be given consideration for the other. Mr. Dobson pointed out the alignment which Mr. Shane had referred to and Mr. Wilson advised this was the property sold to the Railroad. City Attorney Shellan at this point inquired of Mr . Wilson as to what_ plan is in the best interest of the City, what it will need and the size. Mr. Wilson indicated the loft. strip tapering off into nothing at the South boundary anticipating acquisition of the existing right of way could be one requisite involving condemnation proceedings which might be costly whereas acquiring the ten ft. strip and shifting the right of way might be more economical. Upon inquiry as , to cost involved in the acquisition City Attorney Shellan advised the property would have to be appraised. Mr. Edwards remarked that if Bonnell and Pierotti would petition for vacation and subsequent L.I .D. initiation it. will _ etult in proper street alignment with fair share to all. Mr. Shane expressed opposition to creation of an L.I .D. running across Rainier imposing an assessment upon property owners for business purposes. Mr . Edwards advised his purpose was to eliminate Langston Road with no one paying any assessment compared to that street. Attorney Dobson advocated a vacation would result in the property going to adjoining property owners and condemnation of a full street instead of portions. Mr. Dobson stated the City should not place restrictions on his client ' s property but if the right of way is wanted it should be condemned and purchased as is done with any other street. Placing restrictions on one parcel of land was deemed improper and something that should be removed. Chairman Delaurenti requested that Mr. Wilson make a decision as far as his De- partment and the City are concerned and City Engineer Wilson pointed out that the right of way could be shifted or use realignment with the existing right of way and acquisition of the property to establish a feasible inter- section and centerline. Councilman Reid inquired which of the two plans would be in the best interest of the City and Mr. Wilson stated in his opinion the relocation of the right of way which would at least give the street straight lines. Planning Director Jensen pointed out that eventu- ally five lanes might be required and nothing less than 84 ft. in width which it was determined would require ten additional feet on the south portion for proper alignment. Mr. Edwards stated he could not see the logic of moving a complete street when there was a paved one already in existence. Mr. Wilson reminded Mr. Edwards that the City no longer had the deed which Mr. Edwards stated was strictly a technicality such as the City' s lawsuits on the Bridge and Streetlights for which he had to hire Counsel and after the law suits are over he would give it back. Mr. Wilson pointed out that the need for utilities in the area might require 1- Council As A Whole Committee Meeting 6-10-63 that the street be torn up in any event. Mr. Edwards stated he did not feel he should have to give additional right of way for relocation and repave as well. Mr. Wilson, advised that only an approximate 100 ft. would need to be moved and that the present street will undoubtedly be widened. Discussion . ensued regarding the presence of Mr. Shanes building on. a portion of the right of way and Mr. Dobson pointed out that reduction in size of the tract subsequently reduces the 'building size. Councilman Custer suggested a Variance and Attorney Dobson pointed out that it was a matter of finance and whether the City has authority to .place such a re- striction depriving use of property without compensation. It was pointed out the right of way could be arranged and not require moving the present construction. Inquiry was made as to costs find City Engineer Wilson stated it would be proper to adjust the alignment having the intersections meet instead of jogging. Councilman Trimm inquired whether this could be accomplished if the 30 ft. were used of Mr. Shane' s property and Mr. Wilson advised that this was the portion Mr. Shane has sold to the Railroad. Suggestion was made to require full width of 85ft with sufficient set back to give required 85 ft. at the location of Mr . Shane' s property. Mr. Dobson stated if the property is not rezoned the building will be moved back and if B-1 zoning is granted it will remain in its present location. Moved by Dullahant, seconded by Hulse, to retain the present Ordinance No. 2013 as passed in February by which the 10 ft.. strip is retained'-.as G zoning. - Councilman Garrett, in view of Mr. Shane' s Counsel indicating contest of Council action in Superior Court, inquired of City Attorney Shellan as to legal advice on the action. Mr. Shellan advised he did not presume to speak for, the Superior Court but stated he did not agree with Mr. Dobson that the City does not have the right to rezone and determine which part of the property should be zoned as requested and which part should be saved for other "zoning. The City' s intention in Mr. Shane' s case is to rezone all but a 10 ft. strip. Set-back requirements are enforced on all resi- dential building,. and business may build up to the property line and the 10 ft. strip is not a setback therefore. - Mr. Shellan• stated :that .the City could not take the property without payment and if he does not want to dedicate it he is within his rights as is the City in the exercise of its discretion should it decide against rezoning all of his property. If con- demned,appraisers . mizst be secured to bringin .recommendations and if negoti-e tions cannot be made it will need to go to court and would take anywhere from six to eight months, this is providing the City wants the property and finds they must condemn. Attention was called to the fact that no right of way has yet been established and that regardless of width to be established the Court would look favorably upon provisions for the right of way to be even. Attorney Dobson stipulated the possible necessity in such event for a Certificate of Convenience and Necessity. Mr . Shellan deemed the Court would not interfere with legislative body determinations on width unless fraud were indicated. Councilman Garrett inquired as to subsequent action in the event the pending motion fails, the end result seeming to be the same. As there was no further comment Chairman Delaurenti requested wishes of the Committee and it was moved by Dullahant, seconded by Hulse, that the motion as was previously submitted be recommended to the Council, retaining the present Ordinance. Carried. As there was no further business, Chairman .Delaurenti declared the meeting adjourned. 2- j Minutes of the Renton City Council Meeting 6-10-63 COMMUNICATIONS: (cont.) A letter was read from Mr. Paul S. Ford, Director of Taxes, The Boeing Company, in reply to a letter from City Clerk Nelson inquiring in regard to payments in lieu of taxes heretofore collected from the Department of Defense under Public Law 86-498 on certain buildings which have subsequently been acquisitioned by the Boeing Company. Taxes to be allocated to the City by The Boeing Company for 1963 and comparison made to prior payments in 1962 to establish an increase being evident were outlined by'Mr. Ford and that the property will be appearing on the rolls for assessment in 1964. No further reference to in-lieu-of-tax payments was made except that it was pointed out that Boeing did not participate in the assessment negotiations Under the aforementioned Public Law nor had it any responsibility for payments made thereunder. Inquiry was made by Council as to whether the City would thereby assume that moneys were not to be forthcoming as budgeted. It was further pointed out that Pacific Car & Foundry in the same circumstances had made the payment in the year the property was under private ownership. After further discussion of the obligation it was moved by Custer, seconded by Dahlquist, to refer the matter to the City Attorney to report back. Carried. A letter from Charles Shane requested that an error be corrected on zoning of 10 ft. strip of property and Mr. Dobson, Counsel for Mr. Shane advised that this was to pursue the matter which had been deferred from the previous week, which would be probably coming up under Committee reports, but in any event on which they would like to be heard. Moved by Garrett, seconded by Custer, to refer the letter to the Building Departme . Carried. A Petition containing approximately 25 signatures requested the City to place Stop signs at the intersection of "N" Street and 9th Avenue North in the interest of safety to the children of the area. Moved by Custer, seconded by Dahlquist, to refer the matter to the Street and Alley Committee and the Street Commissioner with Power to Act. Carried. A letter from the Fourge Company, Builders, by Jerry Goodall, requested Council action in release of Building Permits which have not been issued due to question re- garding participation in future road improvements. (Property formerly owned by Mike Sargent) Mr. Jensen advised of Agreements which had been executed by property owners in the subject area in conjunction with Permits for building to insure proper extension of the existing right of way. City Engineer Wilson pointed out that a Quit Claim Deed was given by Mr. Sargent but the document has not been recorded pending committment to the right of way improvements. Mr. Goodall has indicated that he is willing to sign the agreement to participate in the road improvement. A bond was recommended as good faith.Moved by Custer, seconded by Gianini, to allow Mr. Goodall to proceed upon posting of adequate bond to insure improvements. This was adequate according to Mr. Jensen and the pending motion carried. A letter was read,which had been directed to Dr. Robert Evoy from the Renton Hospital Board,advising that the application for permission to use the southerly portion of hospital property along 4th Place for parking was denied . Consideration is being given to the establishment of such a parking area along the East side of the property which it is felt would be more suitable for both the public and hospital employees, it being closer to the hospital entrance. This action renders the City's Permit for 4th Place void until such time as a definite location has been established. A letter was read from Councilman Gianini, recommending that Fire Chief Lawrence, Assistant Chief Walls and the entire Fire Department be given special commendation for the fine manner in which they prevented the fire, which totally destroyed the Renton Hardware, from spreading to other buildings which may have resulted in disaster .otherwise. Mr. Puhich was given mention for providing the necessary water pressure and the Utility Department for the installation of the new system which made such pressure available. Councilman Custer, on behalf of the merchants, gave special thanks for service above and beyond the call of duty, in so little damage being sustained by neighboring buildings, and moved that letters be directed to the Fire Department from the Council giving recog- nition to their outstanding performance. The motion was seconded by Reid and carried. A..letter.to Sup't. of Utilities Schroeder advised that the Council, in concurrence with recommendations of the Sanitation and Fire and Water Committees, regretfully accepted his resignation. Thanks and acknowledgement for services were. rendered. 4- Minutes of the Renton City Council Meeting (cont.) 6-10-63 ORDINANCES AND RESOLUTIONS: The Ordinance Committee presented a Revocable Permit and Hold Harmless Agreement for a sign which had been authorized at the previous meeting and it was moved by Dullahant, seconded by Bruce, that the Mayor and City Clerk execute same. (Signal Oil 019,7)-0.tlried. Councilman Dullahant, Chairman of the Ordinance Committee, presented a proposed Ordinance of the City of Renton, Washington, changing the zoning classification of certain property within the City from General classification District (G-7200) to Business District B-1), and Residential District (R-1), which was read by the Clerk. (Jordan & Burchill property) . Moved by Bruce, seconded by Dahlquist, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on its second and final reading. Moved by Custer, seconded by Hulse, to concur in the recommendation of the Ordinance Committee. Carried. After the second and final reading, it was moved by Custer, seconded by Bruce, to adopt Ordinance No. 2036 as read. Roll call vote followed with all Council Members present voting aye. The motion carried. The Ordinance Committee Chairman presented a proposed Ordinance of the City of Renton Washington amending Section 1-1305 of Title I (Administrative) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton", which was read by the Clerk. Duties of Sup't. of Utilities and transfer of Utility Billing to Treasurer's office) Moved by Custer, seconded by Dahlquist, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on second and final reading. Moved by Custer, seconded by Bruce, to concur in the recommendation of the Committee. Carried. After the second and final reading, it was moved by Bruce, seconded by Custer to adopt Ordinance No. 2037 as read. Roll call vote was taken as follows: Aye: Delaurenti, Reid, Hulse, Gianini, Garrett, 'Timm, Custer and Bruce. No: Dullahant and Dahlquist. Eight Aye votes and two no votes were recorded carrying the motion. Councilman Dullahant, Chairman of the Ordinance Committee presented a proposed Resolution of the City of Renton fixing the date of July 8, 1963 at the hour of 8:00 p.m. in the Council Chambers, as the time and place when the Petition for Vacation of a certain alleyway, Block 18, Renton Highlands, shall be heard and determined. The Clerk read the proposed Resolution after which it was moved by Trimm, seconded by Dahlquist, to adopt Resolution No, 1196 as read. Carried. Chairman Delaurenti, upon request, declared a recess at this time. After the recess roll call was taken with all council members present as previously listed. Councilman Dullahant, on behalf of the Ordinance Committee, presented a proposed Ordinance of the City of Renton, Washington, changing the zoning classification of certain property within the City of Renton from General Classification District (R-3) with -special permit for a nursing home, which was read by the Clerk. (Earl McLaughlin property) Moved by Bruce, seconded by Gianini, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on its second and final reading. Moved by Custer, seconded by Dahlquist, to concur in the Committee recommendation. Carried. After the second and final reading, it was moved by Custer, seconded by Hulse, to adopt Ordinance No. 2038 as read. Roll call vote followed resulting with all Council Members voting aye. The motion carried. The Committee presented a proposed Ordinance of the City of Renton, Washington changing the zoning classification of certain property within the City of Renton from General Classification District (G) to Light Industry District (L-1), which was read by the Clerk. Moved by Custer, seconded by Gianini, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on its second and final reading, Moved by Bruce, seconded by Custer, to concur in the recommendation of the committee. Carried. After the second and final reading, it was moved by Custer, seconded by Bruce, to adopt Ordinance No. 2039 as read. Roll call vote was taken and resulted as follows: Ayes: All (10) The motion carried. (Douglas Buck Property) COUNCIL COMMITTEE REPORTS: OLD BUSINESS: Councilman Trimm introduced the subject of the Shane property ,zoning and the Clerk 01,) read the Council action of the previous meeting deferring the matter until this meeting. Councilman Delaurenti invited audience participation and Attorney John Dobson addressed the assembly reviewing Mr. Shane's position that the restriction placed on the ten foot strip of property was done so through misunderstandings as to right of way requirements and the restriction being only on this property and not adjacent parcels was deemed to b unlawful and arbitrary action on the part of Council. Reconsideration was requested an Minutes of the Renton City Council Meeting 6-10-••63 COUNCIL COMMITTEE REPORTS: OLD BUSINESS: (cont.) Chas. Shane Property Rezone rezone of the whole property to B-1 as recommended by the Planning Commission. It was suggested that the matter be referred back to the Planning Commission in view of the additional right of way grant. Mr. Dobson objected to the delay such course of action would cause. Discussion ensued regarding Mr. Shane's building violation and his counsel advised the building would be moved back if the property is- at rezoned and that he will then proceed to recover damages sustained which will include the loss of one additional office space. The right-of-way was discussed in anticipation of future development as well as location of centerline for best alignment. City Engineer Wilson advised plans had been drawn previously encompassing the right of way for which Mr. Edwards had reclaimed his deed upon expiration of the option, and it was determined that problems exist in any event. In one instance a wedge of land will be required and in the other alternative the right of way will be moved re iring new alignment. Mr. Edwards advised that the street was built according to the City Engineering Department recommendation and should go to the quarter section corner, that he intended it be kept open if Mr. Shane does not build within the right of way, and that a petition for vacation and subsequent L.I.D. could be circulated and the street placed where it should be. Mr. Emilio Pierotti spoke on the matter advocating adequate right of way admonishing any plan for sub-standard street. After further discussion and recommendations it was moved by Trimm, seconded by Hulse that the matter be referred to the Council As A Whole and the City Engineer to bring in maps and des- criptions. Carried. As City Engineer Wilson advised the maps were available at this time Attorney Dobson requested that the Council convene tonight in Committee instead of Monday as had been suggested. NEW BUSINESS: Councilman Dullahant made reference to expiration of Mr. Reid's term as President of the Council and made the motion that he be given a vote of thanks by the Council and that a letter from the Mayor be given in recognition of his consicentious service. The motion was seconded by Bruce, and carried. Councilman Reid thanked the Council and requested a meeting of the Street and Alley Committee on Saturday at 8:00 a.m. Moved by Custer, seconded by Bruce, that Vouchers No. 1231 through 1349, having been previously approved by the Accounting and Auditing Committee, be approved by the Council. Carried. Councilman Custer presented a letter which had been directed to the Superintendent of Utilities from the Boeing Company requesting permission to discharge wastes into Metro facilities without interception by City lines in areas of the Renton plant com- plexes where the Metro trunk is either closer or approximately equidistant to City interceptors, enabling the City to avoid expense of acquisition, installation and maintenance of sewer lines and Boeing to consequently avoid payment of additional costs of 50% of fee for water discharged as provided under City Ordinance. Request was also . made for waiver of assessment of the 50% charge on Buildings 10-60 and 10-65 which sewer line and lift station conveying sewage therefrom were recently donated to the City. Mr. Charles Shane protested the direct hook-up by Boeing to the Metro line ad- vocating that he likewise had a Metro line close to his property. Mr. Schroeder, Sup'• . of Utilities, advised the Metro connection by Boeing is considered an industrial line and a metering manhole would cost Mr. Shane at least $7,200.00 prohibiting such private connections costwise. Inquiry disclosed City Attorney Shellan had not seen the request. Moved by Reid, seconded by Trimm to refer the letter to the City Attorneys and Sanitation Committee for report back. Carried. Attorney John Dobson requested a recess at this time and convening of the Council As A Whole Committee for disposition of the matter of zoning of the 10 ft. strip of the Charles Shane property, and Chairman Delaurenti, upon motion by Hulse, seconded by Gianini, acknowledged the 'notion to recess. Prior to dismissal and recess Chairman Delaurenti expressed the wish to convey to Mr. Schroeder , It-A Bon Voyage"and succ3ss in his new venture along with appreciation for the work he has done during his 415 years with the City. Moved by Custer, seconded by Hulse, that° Mr. Schroeder be given a letter of recom- mendation from the Council. Carried. Recess was declared at this time. After the recess, roll call was taken with all Council Members present as previously listed. 6- CERTIFICATION June 14, 19 63 STATE OF WASHINGTON ) ss. COUNTY OF KING I, HELMIE NELSON, the duly elected, qualified and acting City Clerk of and for the City of Renton, Washington, do hereby Certify that the attached Ordinance is a true and correct copy of Ordinance No. 2013 of the City of Renton, as it appears on file in the re- cords of the office of the City Clerk in said City, and as the same was duly and regularly adopted, passed and approved on the 25th day of February 19 63 , and published according to Law on the 27th day of February 1963 . IN WITNESS WHEREOF I hereunto set my hand and the Official Seal of the City of Renton, Washington, this 14th day of June 19 63 . 8.3 HELMIE NELSON, City Clerk olta.iu-2._/ GYJ e J Minutes of the Renton City Council Meeting (cont. ) 6-10-63 ORDINANCES AND RESOLUTIONS: The Ordinance Committee presented a Revocable,Permit and Hold Harmless Agreement for a sign which had been authorized at the previous meeting and it was moved by Dullahant, seconded by Bruce, that the Mayor and City Clerk execute same. (Signal Oil Co:) Qa ried. Councilman Dullahant, Chairman of the Ordinance Committee, presented a proposed Ordinance of the City of Renton, Washington, changing the zoning classification of certain property within the City from General classification District (G-7200) to Business District B-1), and Residential District (R-1), which was read by the Clerk. (Jordan & Burchill property). Moved by Bruce, seconded by Dahlquist, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on its second and final reading. Moved by Custer, seconded by Hulse, to concur in the recommendation of the Ordinance Committee. Carried. After the second and final reading, it was moved by Custer, seconded by Bruce, to adopt Ordinance No. 2036 as read. Roll call vote followed with all Council Members present voting aye. The motion carried. The Ordinance Committee Chairman presented a proposed Ordinance of the City of Renton Washington amending Section 1-1305 of Title I (Administrative) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton", which was read by the Clerk. Duties of Sup't. of Utilities and transfer of Utility Billing to Treasurer's office) Moved by Custer, seconded by Dahlquist, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on second and final reading. Moved by Custer, seconded by Bruce, to concur in the recommendation of the Committee. Carried. After the second and final reading, it was moved by Bruce, seconded by Custer to adopt Ordinance No. 2037 as read. Roll call vote was taken as follows: Aye: Delaurenti, Reid, Hulse, Gianini, Garrett, Trimm, Custer and Bruce. No: Dullahant and Dahlquist. Eight Aye votes and two no votes were recorded carrying the motion. Councilman Dullahant, Chairman of the Ordinance Committee presented a proposed Resolution of the City of Renton fixing the date of July 8, 1963 at the hour of 8:00 p.m. in the Council Chambers, as the time and place when the Petition for Vacation of a certain alleyway, Block 18, Renton Highlands, shall be heard and determined. The Clerk read the proposed Resolution after which it was moved by Trimm, seconded by Dahlquist, to adopt Resolution No. 1196 as read. Carried. Chairman Delaurenti, upon request, declared a recess at this time. After the recess roll call was taken with all council members present as previously listed. Councilman Dullahant, on behalf of the Ordinance Committee, presented a proposed Ordinance of the City of Renton, Washington, changing the zoning classification of certain property within the City of Renton from General Classification District (R-3) with special permit for a nursing home, which was read by the Clerk. (Earl McLaughlin property) Moved by Bruce, seconded by Gianini, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on its second and final reading. Moved by Custer, seconded by Dahlquist, to concur in the Committee recommendation. Carried. After the second and final reading, it was moved by Custer, seconded by Hulse, to adopt Ordinance No. 2038 as read. Roll call vote followed resulting with all Council Members voting aye. The motion carried. The Committee presented a proposed Ordinance of the City of Renton, Washington changing the zoning classification of certain property within the City of Renton from General Classification District (G) to Light Industry District (L-1), which was read by the Clerk. Moved by Custer, seconded by Gianini, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on its second and final reading. Moved by Bruce, seconded by Custer, to concur in the recommendation of the committee . Carried. After the second and final reading, it was moved by Custer, seconded by Bruce, to adopt Ordinance No. 2039 as read. Roll call vote was taken and resulted as follows: Ayes: All (10) The motion carried. (Douglas Buck Property) COUNCIL COMMITTEE REPORTS: OLD BUSINESS: Councilman Trimm introduced the subject of the Shane property zoning and the Clerk 1 read the Council action of the previous meeting deferring the matter until this meeting. Councilman Delaurenti invited audience participation and Attorney John Dobson addressed the assembly reviewing Mr. Shane's position that the restriction placed on the ten foot strip of property was done so through misunderstandings as to right of way requirements and the restriction being only on this property and not adjacent parcels was deemed to be unlawful and arbitrary action on the part of Council. Reconsideration was requested and 5- Minutes of the Renton City Council Meeting 6-10-63 COUNCIL COMMITTEE REPORTS: OLD BUSINESS: (cont.) Chas. Shane Property Rezone rezone of the whole property to B-1 as recommended by the Planning Commission. It was suggested that the matter be referred back to the Planning Commission in view of the additional right of way grant. Mr. Dobson objected to the delay such course of action would cause. Discussion ensued regarding Mr. Shane's building violation and his counsel advised the building would be moved back if the property is- tot rezoned and that he will then proceed to recover damages sustained which will include the loss of one additional office space. The right-of-way was discussed in anticipation of future development as well as location of centerline for best alignment. City Engineer Wilson advised plans had been drawn previously encompassing the right of way for which Mr. Edwards had reclaimed his deed upon expiration of the option, and it was determined that problems exist in any event. In one instance a wedge of land will be required and in the other alternative the right of way will be moved retu ring new alignment. Mr. Edwards advised that the street was built according to the City Engineering Department recommendation and should go to the quarter section corner, that he intended it be kept open if Mr. Shane does not build within the rigs:t of way, and that a petition for vacation and subsequent L.I.D. could be circulated and the street placed where it should be. Mr. Emilio Pierotti spoke on the matter advocating adequate right of way admonishing any plan for sub-standard street. After further discussion and recommendations it was moved by Trimm, seconded by Hulse that the matter be referred to the Council As A Whole and the City Engineer to bring in maps and des- criptions. Carried. As City Engineer Wilson advised the maps were available at this time Attorney Dobson requested that the Council convene tonight in Committee instead of Monday as had been suggested. NEW BUSINESS: Councilman Dullahant made reference to expiration of Mr. Reid's term as President of the Council and made the motion that he be given a vote of thanks by the Council and that a letter from the Mayor be given in recognition of his consicentious service. The motion was seconded by Bruce, and carried. Councilman Reid thanked the Council and requested a meeting of the Street and Alley Committee on Saturday at 8:00 a.m. Moved by Custer, seconded by Bruce, that Vouchers No. 1231 through 1349, having been previously approved by the Accounting and Auditing Committee, be approved by the Council. Carried. Councilman Custer presented a letter which had been directed to the Superintendent of Utilities from the Boeing Company requesting permission to discharge wastes into Metro facilities without interception by City lines in areas of the Renton plant com- plexes where the Metro trunk is either closer or approximately equidistant to City interceptors, enabling the City to avoid expense of acquisition, installation and maintenance of sewer lines and Boeing to consequently avoid payment of additional costs of 50% of fee for water discharged as provided under City Ordinance. Request was also made for waiver of assessment of the 50% charge on Buildings 10-60 and 10-65 which sewer line and lift station conveying sewage therefrom were recently donated to the City. Mr. Charles Shane protested the direct hook-up by Boeing to the Metro line ad- vocating that he likewise had a Metro line close to his property. Mr. Schroeder, Sup't. of Utilities, advised the Metro connection by Boeing is considered an industrial line and a metering manhole would cost Mr. Shane at least $7,200.00 prohibiting such private connections costwise. Inquiry disclosed City Attorney Shellan had not seen the request. Moved by Reid, seconded by Trimm to refer the letter to the City Attorneys and Sanitation Committee for report back. Carried. Attorney John Dobson requested a recess at this time and convening of the Council As A Whole Committee for disposition of the matter of zoning of the 10 ft strip of the Charles Shane property, and Chairman Delaurenti, upon motion by Hulse, seconded by _J Gianini, acknowledged the motion to recess. Prior to dismissal and recess Chairman Delaurenti expressed the wish to convey to Mr. Schroeder , t"-.A Bon Voyage"and suce::,ss in his new venture along with appreciation for the work he has done during his 45 years with the City. 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II u SS X 404 f . ihaze, being first duly sworn upon. oath, IpVitli aye: itre are the oWners of the following-described mal . t.tate situate in Renton, King County, Washington: The 5outh 270 feet of the North 300 feat of the 00 teat f the East t70 feet of the nortnvest quarter of Section 19, Township 23 North, Range 5 INN. Mat Frank Ailment is now the duly elected Mayor of Khcl CiLl (7.1: n; that Respondent, Janes Nighton, is now the Ippoiitted arid ecLing Building Inspector for the City of kenton. UI. 512 Arlh04t Di ** ' 21, 1962, Relators filed 07ta h1A-1tAl a sttition requesting that the above- rat', lstate be rezoned frost classification District (C) I Zltirri i'B-1) . Pursuant to that petition, (trinance All Ordinance of the City of Renton, oning Classification of Certain Property j r/: -.':. .: '', . . ,;2'.., I i t 4 .1 the City of Renton From General Classification District II ( Ax to noire,ss District ( '1) ," was exerted by the Renton City Co, ip on February 23 1963,approved by the Ma ar on the zedsli tiA a , and published in the Renton newspaper on February 27 , .•r s 3„ S7 this ordiniu ce, the abc ve•described property oweed by the Or i.Az,, rio was rezoned tress General Classification District ' , n0 a :.xt All District, (A-1 ) , except the Last to' (10) feet thitree,f, f.e'o ti F retained the General. Classification District (Q) .z nin,. Iv. II ii that, athereafter, Relators applied far and were issued li c 4u tiOi n$ permit to lQca3e, a commercial building on the above- caswri, 4 property. That Relators then commenced constructionli s . the building and Located the footings and foundations for 4,,a;l.4 b.1 IdiTa b., within the first ten {lO) test of the above- described' property, whicb retained the Gemmel Classificeti,an D.i :riot as) zoning. fit, on May 17, 1963, Respondent, Jaws Fliz>hto , Building zasµecto;r of the City of Renton, mailed to kelator4 ', letter stating mat ,.the building foundation extends five koitt, ed4C inches (3'4") into the (G) aeon, which is a violation of Ordinance No. 2013 and for Reiatosl to take steps to comply, / ereaft:er, Relators requested the Renton City Council to reconsider this zoning natter and to rezone the whole of the property to (B 'I) , as had been recommended by the Renton Planniag a%miesion. urn .1+ el 10, 1963, the Renton City Council passed a notion to ad ere to the original ordinance passed by the Council, 4,ich maintains (c) zoning of a too (10) foot strip. V. Thal, = a uctoter ii , 1939„ the Renton City Ce3unci1 sal e-td Orrdiingatc bil. 1063, entitled: II 2. An Ordinance of the City of Renton, r+ shir gtor., 44 tab. 't eh fog, and defining a buildingding code, regulating the con- AttliCtilZQ or sorting of buildings within the City of Renton, 14.,gvi ti ng a permit for all building construction or sever con- 02,ctiast aced fixing the fee therefor, establishing the size of J aim/r r aa, establishing a fire district, r t_prohibiting . aeb idtR or N viug of buildings depreciated 50% in value, regltating the construction of sewer connections, providing a wena:ty 1,74r violation hereof and repealing Ordinances Mo. 243, 25 , 262, 445 , 525 , 531, and 1013." That, on September 22, 1142, the Renton City Council AVAW:',-000 or 3.a..ax ,a Mo. 1164, eeatitladz AA Ordinance to regulate and restrict the location id wAlitl, of buildings and the use of lazed within the City of teatsa.+, h.iashingtan, to limit the height of buildings, the pre- i ;a,ri' t:ut ldi.e>g lieges and size of yards and other open spaces, vue, .7ia 31:434 purposes to divide the City into districts and ven fate ices !ietcs 80. 1063 of the City of Renton, Washington, a,s4e4 and approved tictolia! 17, 1939." 1 sue n December 8, 1953, the Renton City Co i 1 mac ww, <iretl:.L' ace 1472, as amended, entitled: 1 {ordinance of the City of Reaten, ,Washington, as a s f-1 d.tnanoc a No. 1542 and Mo. 1613, to regulate end 0.;,r locorios, and Ilse of buildings and the use of land 11 A.rl.:t n the icy rYf Renton,, Washi ton, to Unit the Lei'xt t of cc3 prosecribe building linos and the size of yards and rchc:r .per opates and fen. these purposes to divide the City Into distr .ar:Mt any+ o a pe*ling Ordinance Mo. 1164 of the City of Renton, Ii I :: s gust 27, 1937, the Renton City Council fwilacted C7d nonce Ro. 1678, entitled: I;on JiAtagence of the CLty of Renton, ' ashfngtoa, z i 8 a. ti ii.cation of the general ordinances of the City of 4111 ; vmpealims or4ina, ,accce, or' parts of ordinances in conflict therweith; evd fixing the elferstivv date of said code." Titer,c the zoning rules and regulations are sot forth I i a ° t3.t . ; ICJ, Chapter 7, of said Code of General Ordinances of 1,anton. That the foregoing ordinances involving eel ei[. n&c..i der dte authority of Chapter 44, Session taws of al' ob t; t' (ate Washington. li VI. Thet the above ordinances relating to toning are uull it 5* .S li:te wy etteri ted enforcement thereof or thereunder ere am, jurisdiction of the Respondents far the following 1) That they were not worked out as a part of i d A; µh trive plan, as required by AC'W 15.63.090, (Years of 1935, Ittet 44, Section 7) . 2) That, at the tine these ordinances were enacted by the Renton City Council, no valid, comprehensive plan existed a t+. :ting the described property. 1 Alternatively, if such eer plan then existed, the eking Crrc ..rsox'teees were Stull end void because: it 1) Sucb. s. plan had sever been properly certified or rid.oct nor had any wipe or plate referred to .or adopted by the crviAncee been certified and filed, as required by law. 2) $0 public hearings were held thereon nor were the m tires given, as required by Law. 3) Ordinance NO. 2013, as enacted, constitutes spot • x.;:nint as to the coning of the Bast ten (10) feet for (0) classi- fi atfon end, aa/sc, was an unreasonable, arbitrary, capricious, discriminatory and confiscatory act of this Council. VtI. That, because the zoning laws of the City Zoning Ordinencis of the City of Renton are void, the Relators have the l:saoluto remit to use and develop their property as they see fit. That Vat Liastors intend to continue the construction of their build ; where the foundations are new Located, and it is certa t i. vtt, unless the City of Renton,, its Mayor, and its building II • 4~ i 1 Inspector are rohibited from is F sating • stop-work order iur thrr prohibitedibited from bringing a y criminal prosecutioa based ths:ro- c n, he mill do so, end the Relators will thereby do deprived of their property without due proses, of law, contrary to the 1 Constitutionstttution of the State of Washington and of the United Stotas and contrary to the statutes of the State of Washington. II. II I; That the Relators have no plains Mom?, or adequate rely at law. WHEREFORE, I' RE, Relators prey that an alternative Writ of ij Ptnhibitton issue out of this Court, directed to said City of Eton, its Mayor, Frank Aliment, and its Building Inspector, lamas Iiightan+, commending them that they desist and refrain from further prose dings in the acts and matters herein specified I until the further order of this Court, and particularly that they1 sit end ro rain from issuing a stop-work order in connection with rim construction on the Relators'ors' property or any promo- tution based rem Boa stop work order and that,upon the return d*v of raid order, to shoe taus* ,why this Court should not issue I itsPre-emptory Writ, absolutely restrainiaj and prohibiting the City of Renton, its Mayor, and its luilding Inspector from issuing a stop-work order on the netters bsrreb specified sod to prohibit than from basing any prosecution woo said stop-work cwder, end that the Relators receive such other and further relief es limy sin just end proper in the premises. DOBSON, NOMA & DCBSON By: David C. Dotson Attorneys for Relators Renton, Washington 1 3 m it I tl it I II ATE SS arise F. Shen., being first duly sworn on oath, sp-4.- s and says: That he is ore of the Relators *boys fit; d er•aW ha has reed the shove and foregoing Application for iOrit ib i tion, knows the contents thereof mM bolievos the some tie tr a. Merles N. e) SUSSCRISSD MD SWORN is more me this day of 63 . I 9 tit• o sbi*gtom, residing at Renton. i . ii li r-a Minutes of the Renton City Council Meeting (cont.) 6-10-63 ORDINANCES AND RESOLUTIONS: The Ordinance Committee presented a Revocable Permit and Hold Harmless Agreement for a sign which had been authorized at the previous meeting and it was moved by Dullahant, seconded by Bruce, that the Mayor and City Clerk execute same. (Signal Oil Co.)QaWried. Councilman Dullahant, Chairman of the Ordinance Committee, presented a proposed Ordinance of the City of Renton, Washington, changing the zoning classification of certain property within the City from General classification District (G-7200) to Business District B-1), and Residential District (R-1), which was read by the Clerk. (Jordan & Burchill property), Moved by Bruce, seconded by Dahlquist, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on its second and final reading. Moved by Custer, seconded by Hulse, to concur in the recommendation of the Ordinance Committee. Carried. After the second and final reading, it was moved by Custer, seconded by Bruce, to adopt Ordinance No. 2036 as read. Roll call vote followed with all Council Members present voting aye. The motion carried. The Ordinance Committee Chairman presented a proposed Ordinance of the City of Renton Washington amending Section 1-1305 of Title I (Administrative) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton", which was read by the Clerk. Duties of Sup't. of Utilities and transfer of Utility Billing to Treasurer's office) Moved by Custer, seconded by Dahlquist, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on second and final reading. Moved by Custer, seconded by Bruce, to concur in the recommendation of the Committee. Carried. After the second and final reading, it was moved by Bruce, seconded by Custer to adopt Ordinance No. 2037 as read. Roll call vote was taken as follows: Aye: Delaurenti, Reid, Hulse, Gianini, Garrett, Trimm, Custer and Bruce. No: Dullahant and Dahlquist. Eight Aye votes and two no votes were recorded carrying the motion. Councilman Dullahant, Chairman of the Ordinance Committee presented a proposed Resolution of the City of Renton fixing the date of July 8, 1963 at the hour of 8:00 p.m. in the Council Chambers, as the time and place when the Petition for Vacation of a certain alleyway, Block 18, Renton Highlands, shall be heard and determined. The Clerk read the ' proposed Resolution after which it was moved by Trimm, seconded by Dahlquist, to adopt Resolution No. 1196 as read. Carried. Chairman Delaurenti, upon request, declared a recess at this time. After the recess roll call was taken with all council members present as previously listed. Councilman Dullahant, on behalf of the Ordinance Committee, presented a proposed Ordinance of the City of Renton, Washington, changing the zoning classification of certain property within the City of Renton from General Classification District (R-3) with special permit for a nursing home, which was read by the Clerk. (Earl McLaughlin property) Moved by Bruce, seconded by Gianini, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on its second and final reading. Moved by Custer, seconded by Dahlquist, to concur in the Committee recommendation. Carried. After the second and final reading, it was moved by Custer, seconded by Hulse, to adopt Ordinance No. 2038 as read. Roll call vote followed resulting with all Council Members voting aye. The motion carried. The Committee presented a proposed Ordinance of the City of Renton, Washington changing the zoning classification of certain property within the City of Renton from General Classification District (G) to Light Industry District (L-1), which was read by the Clerk. Moved by Custer, seconded by Gianini, to refer the proposed Ordinance to the Ordinance Committee for recommendation. Carried. The Committee recommended favorably and that the proposed Ordinance be placed on its second and final reading. Moved by Bruce, seconded by Custer, to concur in the recommendation of the committee. Carried. After the second and final reading, it was moved by Custer, seconded by Bruce, to adopt Ordinance No. 2039 as read. Roll call vote was taken and resulted as follows: Ayes: All (10) The motion carried. (Douglas Buck Property) COUNCIL COMMITTEE REPORTS: OLD BUSINESS: Councilman Trimm introduced the subject of the Shane property zoning and the Clerk read the Council action of the previous meeting deferring the matter until this meeting. Councilman Delaurenti invited audience participation and Attorney John Dobson addressed the assembly reviewing Mr. Shane's position that the restriction placed on the ten foot strip of property was done so through misunderstandings as to right of way requirements and the restriction being only on this property and not adjacent parcels was deemed to be 3unlawfulandarbitraryactiononthepartofCouncil. Reconsideration was requested and 5- Minutes of the Renton City Council Meeting 6-10-63 COUNCIL COMMITTEE REPORTS: OLD BUSINESS: (cont.) Chas. Shane Property Rezone rezone of the whole property to B-1 as recommended by the Planning Commission. It was suggested that the matter be referred back to the Planning Commission in view of the additional right of way grant. Mr. Dobson objected to the delay such course of action would cause. Discussion ensued regarding Mr. Shane's building violation and his counsel advised the building would be moved back if the property is- tot rezoned and that he will then proceed to recover damages sustained which will include the loss of one additional office space. The right-of-way was discussed in anticipation of future development as well as location of centerline for best alignment. City Engineer Wilson advised plans had been drawn previously encompassing the right of way for which Mr. Edwards had reclaimed his deed upon expiration of the option, and it was determined that problems exist in any event. In one instance a wedge of land will be required and in the other alternative the right of way will be moved ret21.7ring new alignment. Mr. Edwards advised that the street was built according to the City Engineering Department recommendation and should go to the quarter section corner, that he intended it be kept open if Mr. Shane does not build within the right of way, and that a petition for vacation and subsequent L.I.D. could be circulated and the street placed where it should be. Mr. Emilio Pierotti spoke on the matter advocating adequate right of way admonishing any plan for sub-standard street. After further discussion and recommendations it was moved by Trimm, seconded by Hulse that the matter be referred to the Council As A Whole and the City Engineer to bring in maps and des- criptions. Carried. As City Engineer Wilson advised the maps were available at this time Attorney Dobson requested that the Council convene tonight in Committee instead of Monday as had been suggested. NEW BUSINESS: Councilman Dullahant made reference to expiration of Mr. Reid's term as President of the Council and made the motion that he be given a vote of thanks by the Council and that a letter from the Mayor be given in recognition of his consicentious service. The motion was seconded by Bruce, and carried. Councilman Reid thanked the Council and requested a meeting of the Street and Alley Committee on Saturday at 8:00 a.m. Moved by Custer, seconded by Bruce, that Vouchers No. 1231 through 1349, having been previously approved by the Accounting and Auditing Committee, be approved by the Council. Carried. Councilman Custer presented a letter which had been directed to the Superintendent of Utilities from the Boeing Company requesting permission to discharge wastes into Metro facilities without interception by City lines in areas of the Renton plant com- plexes where the Metro trunk is either closer or approximately equidistant to City interceptors, enabling the City to avoid expense of acquisition, installation and maintenance of sewer lines and Boeing to consequently avoid payment of additional costs of 50% of fee for water discharged as provided under City Ordinance. Request was also made for waiver of assessment of the 50% charge on Buildings 10-60 and 10-65 which sewer line and lift station conveying sewage therefrom were recently donated to the City. Mr. Charles Shane protested the direct hook-up by Boeing to the Metro line ad- vocating that he likewise had a Metro line close to his property. Mr. Schroeder, Supit. of Utilities, advised the Metro connection by Boeing is considered an industrial line and a metering manhole would cost Mr. Shane at least $7,200.00 prohibiting such private connections costwise. Inquiry disclosed City Attorney Shellan had not seen the request. Moved by Reid, seconded by Trimm to refer the letter to the City Attorneys and Sanitation Committee for report back. Carried. Attorney John Dobson requested a recess at this time and convening of the Council As A Whole Committee for disposition of the matter of zoning of the 10 ft. strip of the Charles Shane property, and Chairman Delaurenti, upon motion by Hulse, seconded by Gianini, acknowledged the motion to recess. Prior to dismissal and recess Chairman Delaurenti expressed the wish to convey to Mr. Schroeder , "- A Bon Voyage"and suco ss in his new venture along with appreciation for the work he has done during his 42 years with the City. Moved by Custer, seconded by Hulse, that Mr. Schroeder be given a letter of recom- mendation from the Council. Carried. Recess was declared at this time. After the recess, roll call was taken with all Council Members present as previously listed. 6- Minutes of the Renton City Council Meeting 6-10w63 COMMUNICATIONS: (cont.) A letter was read from Mr. Paul S. Ford, Director of Taxes, The Boeing Company, in reply to a letter from City Clerk Nelson inquiring in regard to payments in lieu of taxes heretofore collected from the Department of Defense under Public Law 86-498 on certain buildings which have subsequently been acquisitioned by the Boeing Company. Taxes to be allocated to the City by The Boeing Company for 1963 and comparison made to prior payments in 1962 to establish an increase being evident were outlined by.Mr. Ford and that the property will be appearing on the rolls for assessment in 1964. No further reference to in-lieu-of-tax payments was made except that it was pointed out that Boeing did not participate in the assessment negotiations Under the aforementioned Public Law nor had it any responsibility for payments made thereunder: Inquiry was made by Council as to whether the City would thereby assume that moneys were not to be forthcoming as budgeted. It was further pointed out that Pacific Car & Foundry in the same circumstances had made the payment in the year the property was under private ownership. After further discussion of the obligation it was moved by Custer, seconded by Dahlquist, to refer the matter to the CityAttorney_ to report back. Carried A letter from Charles Shane requested that an error be corrected on zoning of a 10 ft. strip of property and Mr, Dobson, Counsel for Mr. Shane advised that this was to pursue the matter which had been deferred from the previous week, which would be probably coming up under Committee reports, but in any event on which they would like to be heard. Moved by Garrett, seconded by Custer, to refer the letter to the Building Department. Carried. A Petition containing approximately 25 signatures requested the City to place Stop signs at the intersection of "N" Street and 9th Avenue North in the interest of safety to the children of the area. Moved by Custer, seconded by Dahlquist, to refer the matter to the Street and Alley Committee and the Street Commissioner with Power to Act. Carried. A letter from the Fourge Company, Builders, by Jerry Goodall, requested Council action in release of Building Permits which have not been issued due to question re- garding participation in future road improvements. (Property formerly owned by Mike Sargent) Mr. Jensen advised of Agreements which had been executed by property owners in the subject area in conjunction with Permits for building to insure proper extension of the existing right of way. City Engineer Wilson pointed out that a Quit Claim Deed was given by Mr. Sargent but the document has not been recorded pending committment to the right of way improvements. Mr. Goodall has indicated that he is willing to sign the agreement to participate in the road improvement. A bond was recommended as good faith.Moved by Custer, seconded by Gianini, to allow Mr. Goodall to proceed upon posting of adequate bond to insure improvements. This was adequate according to Mr: Jensen and the pending motion carried. A letter was read,which had been directed to Dr. Robert Evoy from the Renton Hospital Board,advising that the application for permission to use the southerly portion of hospital property along 4th Place for parking was denied . Consideration is being given to the establishment of such a parking area along. the East side of the property which it is felt would be more suitable for both the public and hospital employees, it being closer to the hospital entrance. This action renders the City's Permit for 4th Place void until such time as a definite location has been established. A letter was read from Councilman Gianini, recommending that Fire Chief Lawrence, Assistant Chief Walls and the entire Fire Department be given special commendation for the fine manner in which they prevented the fire, which totally destroyed the Renton Hardware, from spreading to other buildings which may have resulted in disaster .otherwise. Mr. Puhich was given mention for providing the necessary water pressure and the Utility Department for the installation of the new system which made such pressure available. Councilman Custer, on behalf of the merchants, gave special thanks for service above and beyond the call of duty, in so little damage being sustained by neighboring buildings, and moved that letters be directed to the Fire Department from the Council giving recog- nition to their outstanding performance. The motion was seconded by Reid and carried. A. letter.to Sup't. of Utilities Sebroeddr advised that the Council, in concurrence with recommendations of the Sanitation and Fire and Water Committees, regretfully accepted his resignation. Thanks and acknowledgement for services were rendered. 4- COUNCIL AS A WHOLE COMMITTEE MEETING June 10, 1963 10:00 p.m. The meeting was called to order by President of the Council Delaurenti, for the purpose of making a determination regarding the request of Mr . Charles Shane for B-1 zoning of a 10 ft. strip of his property which had been established under Ordinance No. 2013 on Febi .:1- ary 25th, as G zoning. City Engineer Wilson presented maps and drawings of the proposed future right of way and outlined alternative plans to provide for a proper alignment in anticipation of subsequent development of the area. One plan was proposed which would require additional right-of-way from Mr. Shane and Mr. Bonnell for a proper alignment, assuming dedication of the existing street (Edwards Street) . Another proposal was to move the right of way Easterly requiring realignment of the existing right- of-way or secure wedge of land (Mr. Shane' s property which is being purchased by the Railroad) and shift the improvement into the larger right of way to the East. Mr. Shane upon inquiry as to whether he was willing to any such arrangement advised that there is adequate property for the right of way, ha should not be deprived of the use of his land citing negligence to be the result of existing problems, and stated he would give one piece and should be given consideration for the other. Mr. Dobson pointed out the alignment which Mr. Shane had referred to and Mr. Wilson advised this was the property sold to the Railroad. City Attorney Shellan at this point inquired of Mr. Wilson as to what plan is in the best interest of the City, what it will need and the size. Mr. Wilson indicated the loft. strip tapering off into nothing at the South boundary anticipating acquisition of the existing right of way could be one requisite involving condemnation proceedings which might be costly whereas acquiring the ten ft. strip and shifting the right of way might be more economical. Upon inquiry as to cost involved in the acquisition City Attorney Shellan advised the property would have to be appraised. Mr. Edwards remarked that if Bonnell and Pierotti would petition for vacation and subsequent L.I .D. initiation it. .wiil yesult in proper street alignment with fair share to all. Mr. Shane expressed opposition to creation of an L.I .D. running across Rainier imposing an assessment upon property owners for business purposes. Mr. Edwards advised his purpose was to eliminate Langston Road with no one paying any assessment compared to that street, Attorney Dobson advocated a vacation would result in the property going to adjoining property owners and condemnation of a full street instead of portions. Mr. Dobson stated the City should not place restrictions on his client' s property but if the right of way is wanted it should be condemned and purchased as is done with any other street. Placing - restrictions on one parcel of land was deemed improper and something that should be removed. Chairman Delaurenti requested that Mr. Wilson make a decision as far as his De- partment and the City are concerned and City Engineer Wilson pointed out that the right of way could be shifted or use realignment with the existing right of way and acquisition of the property to establish a feasible inter- section and centerline. Councilman Reid inquired which of the two plans would be in the best interest of the City and Mr. Wilson stated in his opinion the relocation of the right of way which would at least give the street straight lines. Planning Director Jensen pointed out that eventu- ally five lanes might be required and nothing less than 84 ft. in width which it was determined would require ten additional feet on the south portion for proper alignment. Mr. Edwards stated he could not see the logic of moving a complete street when there was a paved one already in existence. Mr. Wilson reminded Mr. Edwards that the City no longer had the deed which Mr. Edwards stated was strictly a technicality such as the City' s lawsuits on the Bridge and Streetlights for which he had to hire Counsel and after the law suits are over he would give it back. Mr. Wilson pointed out that the need for utilities in the area might require Council As A Whole Committee Meeting 6-10-63 that the street be torn up in any event. Mr. Edwards stated he did not feel he should have tb give additional right of way for relocation and repave as well. Mr. Wilson advised that only an approximate 100 ft. Would need to be moved and that the present street will undoubtedly be Widened. •IDiscussion ensued regarding the presence ,of lvre Sharies building on a portion of the ±ilht bf stay and Mr. bobsoh pointed out that reduction in size of the tract subsequently' reduces the building size. Councilman Custer suggested a Variance and A-ktbrriey' bJ boon pointed out that it was a matter of finance and whether the City has authority to place such a rem striction depriving use of property without compensation. It was pointed out the right of way could be arranged and not require moving the present construction. Inquiry was made as to costs and City Engineer Wilson stated it would be proper to adjust the alignment having the intersections meet instead of jogging. Councilman Trimm inquired whether this could be accomplished if the 30 ft. were used of Mr. Shane' s property and Mr. Wilson advised that this was the portion Mr. Shane has sold to the Railroad. Suggestion was made to require full width of 85ft with sufficient set back to give required 85 ft. at the location of Mr . Shane' s property. Mr. Dobson stated if the property is not rezoned the building will be moved back and if B-1 zoning is granted it will remain in its present location. Moved by Dullahant, seconded by Hulse, to retain the present Ordinance No. 2013 as passed in February by which the 10 ft.. strip is retained:as G zoning. Councilman Garrett, in view of Mr. Shane' s Counsel indicating contest of Council action in Superior Court, inquired of City Attorney Shellan as to legal advice on the action. Mr. Shellan advised he did not presume to speak for the Superior Court but stated he did not agree with Mr. Dobson that the City does not have the right to rezone and determine which part of the property should be zoned as requested and which part should be saved for other .'zoning. _ The City' s intention in Mr. Shane' s case is to rezone all but a 10 ft. strip. Set-back requirements are enforced on all resi- dential building and business may build up to the property line and the 10 ft. strip is not a setback therefore. - Mr. Shellan• stated_that -the City could not take the property without payment and if he does not want to dedicate it he is within his rights as is the City in the exercise of its discretion should it decide against rezoning all of his property. If con- demned,appraisers . must be secured to bring in .recommendations and if negotial tions cannot be made it will need to go to court and would take anywhere from six to eight months, this is providing the City wants the property and finds they must condemn. Attention was called to the fact that no right of way has yet been established and that regardless of width to be established the Court would look favorably upon provisions for the right of way to be even. Attorney Dobson stipulated the possible necessity in such event for a Certificate of Convenience and Necessity. Mr . Shellan deemed the Court would not interfere with legislative body determinations on width unless fraud were indicated. Councilman Garrett inquired as to subsequent action in the event the pending motion fails, the end result seeming to be the same. As there was no further comment Chairman Delaurenti requested wishes of the Committee and it was moved by Dullahant , seconded by Hulse, that the motion as was previously submitted be recommended to the Council, retaining the present Ordinance. Carried. As there was no further business, Chairman .Delaurenti declared the meeting adjourned. 2- 1s.. COPY ORDINANCE NO. 02 ,01-71 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, MENDING ORDINANCE NO. 2013, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RENTON FROM GENERAL CLASSIFICATION DISTRICT (G) TO BUSINESS DISTRICT (B-1) PP WHEREAS the CITY OF RENTON heretofore adopted and passed Ordinance No. 2013 under date of February 25, 1963, therein rezoning certain properties from General Classification District (G) to Business District (B-i), and WHEREAS it has now been determined that the legal description of the properties so rezoned was erroneous and incomplete in that the easterly 10 feet of the property so rezoned, had been omitted inadvertently, and WHEREAS it is deemed advisable to correct and modify the aforesaid Ordinance No. 2013 so as to remove any doubt and ambiguity therefrom and such amendment being in the public interest and for the public benefit, NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOWS: SECTION I: Ordinance No. 2013 passed and approved on the 25th day of February, 1963, is hereby amended and corrected so that the property rezoned to Business District (B-1) is hereby described as follows: The South 270 feet of the North 300 feet of the West 150 feet of the East 170 feet of the Northwest Quarter of Section.19, Township 23 N., Range 5, East, W.M., all located in Renton, hi King County, Washington, and the City Engineer and the Planning Director are hereby ay.thor5:god and directed tochange the maps of the Zoning Ordinance, as amended, to evidence this corrected rezoning. SECTION II: This Ordinance shall be in full force and effect from and after its passage, approval and legal publication. PASSED BY THE CITY COUNCIL this 8th day of July, 1963. 70_,) -4e7„7„) Helmie Nelson, City Clerk r APPROVED BY THE MAYOR this 8th day of Jul 3. j Frank A iment, Mayor APPROVED AS TO FORM: Gerard N. Shellan, City Attorney a.- Minutes of the Renton City Council Meeting 7-1-63 PERMITS: (cont.) NO. AMOUNT NAME ADDRESS TYPE OF WORK 5837 LeRoy Shower 3608 - 4th Ave. No. Plumbing Fixtures 38 William P. Welch 338 Renton St. Plumbing Fixtures 39 Brenda Lee Homes 11033 S.E. 97th Street Plumbing Fixtu- e s 5840 Rainier Homes 3260 - 7th Ave. No. Plumbing Fixtures 41 Tri-City Construction 12642 - 87th Ave. So. Plumbing Fixtures 43 Renton School Dist. 1525 - 4th Ave. No. Plumbing-_'eating._ 44 Hilltop Sand & Gravel 11411 - 113th S.E. Plumbing Fixtures 5845 Hilltop Sand & Gravel 13223 S.E. 114th St. Plumbing Fixtures 46 Hilltop Sand & Gravel 13226 S.E. 114th St. Plumbing-Gas Inst. 47 Hilltop Sand & Gravel 13236 S.E. 114th St. Plumbing-Gas Fixts. 48 Hilltop Sand & Gravel 13302 S.E. 115th St. Plumbing-Gas Fixts. 49 Jack Colombi 1204 "M" Street No. Plumbing Fixtures 5850 Harry Killian 432 Smithers Street Gas Installations 51 United Homes Corp. 3901 - llth Ct. Plumbing Fixtures 52 United Homes Corp. 3905 - llth Ct. Plumbing Fixtur. s ' 53 United Homes Corp. , 1038 "R" Street Plumbing Fixtures 54 United Homes Corp. 1100 "R" Street Plumbing Fixtures 5855 United Homes Corp. 1114 "R" Street Plumbing Fixtures 56 United H mes Corp. 1103 "R" Street Plumbing Fixtures 57 United Hoomes Corp. 1032 "R" Street Plumbing Fixtu:= 58 United Homes Corp. 3915 - llth Ave, N.E- Plumbing Fixtures 59 United Homes Corp, 3907 - llth Ct. Plumbing Fixture- 5860 United Homes Corp. 3903 - llth Ct. Plumbing Fixture- 61 United Homes Corp. 3906 - llth Ct. No. Plumbing Fixture 62 United Homes Corp. 1115 "R" Street Plumbing Fixtures 63 United Homes Corp. 3897 - llth Ave. N.E. Plumbing Fixtures 64 United Homes Corp. 3904 - llth Ct. Plumbing Fixtures 5865 United Homes Corp. 3902 - llth Ct. Plumbing Fixtures 66 Ray Rosa' 408 - 7th Avenue Plumbing Fixtures 67 Tiffany Homes, Inc. 12105 S.E. 152nd Pl. Plumbing Fixtures 68 Tiffany Homes, Inc. 12109 S.E. 152nd P1. Plumbing Fixtures 69 Tiffany Homes, Inc. 15482 - 119th Ave. S .E - Plumbing Fixtures 5870 Tiffany Homes, Inc. 15490 - 119th Ave. S.E. Plumbing Fixtures 71 Tiffany Homes, Inc. 15498 - 119th Ave, S.E. Plumbing Fixtures 72 Tiffany Homes, Inc. 15508 - 119th Ave. S.E. Plumbing Fixtures 73 Tiffany Homes, Inc. 15512 - 119th Ave. S.E. Plumbing Fixtures 74 Tiffany Homes, Inc. 15516 - 119th Ave. S.E. Plumbing Fixtures 5875 Tiffany Homes, Inc. 15524 - 119th Ave. S.E. Plumbing Fixtures COMMUNICATIONS: A request was read from Pan-abode for City permission to cross the public right-of- way with a rail spur for loading of box cars. Maps of the proposed location were att`c1'ed. Moved by Hulse, seconded by Gianini, to refer the matter to the City Engineer to report- hack. Carried. A letter from Mrs. E. H. Dahlstrom requested removal of tree tops which obstructed her view of Lake Washington in the vicinity of 86th Ave. South. Her residence address is 10055 S.E. 86th Street. This is located on private property owned by the railroad and the City Ordinance egulating the height of shrubbery was discussed after which it was moved by Trimm, seconded by Bruce, to refer the matter to the Street and Alley Committee to report back. Carried. A letter from the Tukwila Planning Commission by Helen B. Nelsen, Secretary, was read objecting to proposed H-1 Heavy Industry zoning of certain property located South of the Tukwila City Limits to approximately 180th Street South which zoning they felt is not compatible with either of present zoning classifications in that area and which also would have adverse effect upon future developers. Reservation of that area West of the Great Northern Railroad was requested for Light Industry zoning classification. Moved by Bruce, seconded by Poli, to refer the communication to the Planning Com- mission for recommendation. Carried. A Court Order was presented numbered 604372, Chas. Shane, et al, vs. City of Renton, et al, to Show Cause Why A Writ of_:Prohibition should Not Issue, filed on June 26, 1963 with N. R. Riddell, Clerk of the Superior Court of the State of Washington. Moved by Custer, seconded by Dahlquist, to refer the _document to the City Attorr -7rc , Carried. 2- Minutes of the Renton City Council Meeting 6-24-63 COMMUNICATIONS (cont.) A letter was read from Planning Director Jensen submitting Planning Commission recommendations as follows: 1. Preliminary Plat - Aloha Ranch - Approval recommended with conditions, to-wit: a. Southeast 100th Street shall be aligned with the existing street to the West at the intersection of 116th Avenue Southeast b. A connecting street shall be provided to the North of the property approximately 850' East of 116th Avenue S.E. c. Southeast 100th Street shall extend to the Southeasterly corner of the property with provision for a temporary turn-around. Planning Director Jensen-added azadditional provision which the Planning Commission had recommended which he had omitted from his letter as follows: d. Variance deleting requirement for construction of that portion of the street to the North of Mr. Shane's property except for curbing to point agreed upon around the corner of the right of way. Inquiry was made by Trimm if this were recommended by the Commission in order that no repercussion might be forthcoming henceforth and Mr. Jensen affirmed the Commission's intent to include this as a condition of approval of the Plat. Moved by Bruce, seconded by Hulse, to concur in the Planning Commission recommenda- tions"a"through ''d'as outlined. Carried. 2. Approval was recommended of a request from Raymond Rosa for a rezone from GS-1 to SR-1 as described in Application No. R-122-63. Moved by Trimm, seconded by Gianini, to concur in the recommendation with referral to the Ordinance Committee. Carried. A letter from the Renton Local No. 1797, United Carpenters Union, Chas. W. Paddock, Business Representative, expressed concern with recent Council action in connection with construction on the property of Charles Shane it being deemed consideration was not being given the same as to other property owners in the area, namely 97th Avenue South and 7th Avenue. The ten foot setback requirement decreasing the size of the building thereby lessens the work for the carpenters. Reconsideration of the council's position on the matter was requested. Moved by Garrett, seconded by Hulse, to refer the communication to the Council As A Whole. Carried. A letter was read from the Greater Renton Chamber of Commerce, inviting the Mayor, City Council and employees and their wives and husbands to the coronation of Miss Renton on Tuesday, June 24th at 8:00 p.m. in the Renton High School Cafeteria. The Planning Director submitted the Planning Commission recommendation that the 16 foot alley in Block 18, Renton Highlands be vacated as requested, which was read by the Clerk and the letter was ordered placed on file pending the Hearing on the matter which has been set for July 8, 1963. PROCLAMATION: A Proclamation was read wherein Mayor Aliment delcared Sunday August 25, 1963 as Renton-King County Pioneer Day" in conjunction with the efforts of the Renton-King County Pioneer Association. A picnic commemorating the day will be held at Liberty Park on that date. ORDINANCES AND RESOLUTIONS: Councilman Dullahant, Chairman of the Ordinance Committee, presented a proposed new City Traffic Code which had been placed on first reading at the regular meeting of June 3, regulating motor vehicles, traffic, travel and transportation and their incidents upon the public streets, bicycle paths, and other ways open to the public, prescribing the duties of officers and others in relation thereto; defining offenses; providing penalties, and repealing the City's Traffic Code known as Chapter I of Title Z (Traffic), except Section 10-1-207 re speed limits thereof, of Ordinance No. 1628, known as "Code of General Ordi- nances of the City of Renton and all other Ordinances and sections of Ordinances insofar as same are in conflict therewith. The Committee Chairman reported amendments and modifications and recommended reading thereof. Moved by Bruce, seconded by Poli, to concur in the recom- mendation of the Ordinance Committee. Carried. After compliance by the Clerk, discussion ensued regarding enforcement of the Bicycle Licensing section insofar as the 500 license tag fee is concerned, the period of annual renewal and enforcement policies after which it was moved by Poli, seconded by Bruce, to refer the matter to the Ordinance Committee. Carried. The Committee recommended second and final reading. Moved by Poli,second.byBruce. to concur: Carried-. .After reading, motion 'by Bruce, -second by Poli, to aloft as read followed with all Council members present voting aye b51 roll call except Reid. Ord. No.2042 was adopted as read.' r. 4- 6) 7i( June T.Ionorable F ram Aliment, hayor i•Iernbers of the City Connell • . . • . I Q: tteport of the Council as•_ a, Uhole Cc iittee . Cvnt:. ra 1. Encroachmrier t. of rir,U . ino's BuildinG ;n 'a 10 foot Strip of Property.npt zoned for. Bias:ne se«. . ' ` In v ew of the fact"that the fo110 ne, condi.tionc-hay . chi.;eci since, the re onin ; of rrr. 4.a/les property; a " : x°. t. ds•withdraw' rY deed for::ic thorV.o errston of b) --InforMstien coming `co litiht that additional ri ht-ofey wcs deeded to the Cit7 for. 92nd. A v nub $outri p44.0g the' exi sting ri,: t.ref»tray appro ai,o.iy.'8 $ an the northat 7th ue ,,rid. approc m .to 70!:'.;on the south`at a n r Tire' :Councf.a:-•.as :;a.i^l ao , r,. rpfor r cni nds '.that a vax'ia, o be granted for tnc .bu .dIis '4 -?ed,:;but tant'd3. the street.:pattern iw fi71 estab1isi d,;the.zcining sf cn1d remain Sk p nesvtoLe to effect..desirable Street arrangement-without disturb«. . . ing. the proposed:building,'since it is located on the scut rly portiou of.the property,- Sanitation .COmri.ttee "r aort -regarding transfer of "(Jti1it r is. the recommendation of;the _Count l us a'W.h Le to'_concur with the :report of the Sanitation.0 pittee''tq .transfer only • ... at .this.tni. 4 o3t 'Reid'',i lent; cif ( tancil Ronorrb1e•Fran;"Al nt, 'mayor•- fem,hers• of" :the City Counc sl: ILe t' : Report:of•the Couneil,''as.a.lihole Cone .ttee. ''. 1. ::Lincraachmen` :of lir. SIzno+a fuilci ing on a 10 foot Strip of Property.not .zoned for, Busineas.• . In view of :tie 'fact that'he following',conditions have changed since .the rezoning of '`Tr. .3hane propertyi' . a)::-•K:;r.::Fd r rds W'i hd. wire deed for.:northerly extension of, • g2nd kvenue ;South,,, b):` Info ation corind to. light: that aadditionn.'i r it-of- }' was deeded -to• the City for 92rid Avenue. South Malting the. ; exis ing;riL ht oF-Way appro rely 85' on the north at 7'th Avexnie and appro 1. a-Le1,y': 70!'on the south'at Rainier Tlao..Couneil .as .&"Whol.e;;;xe.fore-recoMmeiide tha,t a variance 35c granted,•f'or. Ma io k i s3.c '_.; s ` d, "au .:u 1t the street pattern • '• is fully established,`':.the zoning Should remain as 2..s. .: It is • possible -to effect:,a-":de. able street arrange ±ent•Without disturb- the proposed since it is located •on the ,southerly portion of the property. °' Oomrrittee report'regarding.' :transfer of-utility _ 1?312ng It is the'recornienclation:"of the 'Council as; a 6r la'.to :Concur" t th,,the, report,of the San to biers Committee bo transfer oiiiy Ut' :ty 14 13.ing at this tme:.. Walt Reid; President of Connell Minutes of the Renton City Council Meeting 6- 3•-63COUNCILCOMMITTEEREPORTS: OLD BUSINESS: Councilman Reid submitted the report of the Council As A Whole Committee which was read by the Clerk with Council actions taken as follows: 1. The matter of Encroachment by Mr. Charles Shane's building on a 10 foot strip of property not zoned B-1 was considered and in view of the fact that the following con—ditions have changed since the rezoning, (a) withdrawal of Edwards Deed, (b) informatiuuofadditionalrightofwaydeededtotheCity, it was recommended that a Variance be granted for the building as started, but that until the street pattern is fully establishedthezoningshouldremainasis, it being possible to effect a desirable street arrangement without disturbing the proposed building. Inquiry was made as to whether Mr. Shane was agreeable to the proposed arrangementandinasmuchasMr. Dobson, counsel for Mr. Shane had left the Council Chamber, fill: her action on the matter was deferred until later in the meeting, 2. Relative to the referral of the Sanitation Committee report to transfer only theBillingoperationfromtheUtilitiesDepartmentuntotheCityTreasurer's office, it was recommended by the Council As A Whole to concur injthis transfer of Billing only at thistime. Moved by Delaurenti, seconded by Hulse, to concur in the recommendation of the CouncilAsAWhole. Carried. Moved by Trimm, seconded by Delaurenti, to refer the matter to theOrdinanceCommittee. Carried. Mr. Dobson had returned to the Council Chamber and upon inquiry advised he had made a request that Mr. Shane be present to determine whether or not he was willing to accepttheconditionproposedforleavingthe10ft. strip under "G" zoning, Mr. Shane would be present later in the meeting but inasmuch as it was not known whether he would arrive prior to adjournment of the meeting, it was moved by Dullahant, seconded by Bruce, todeferactiononthematteruntilthenextmeetingoftheCouncil. Carried, Councilman Reid, Chairman of the Street and Alley Committee; presented his Committeereportwhichwasreadasfollows: 1. Petition for Vacation of a 16 ft. alleyway in Block 18, Renton Highlandsghlands wasconsidered. The Petition contained fourteen signatures of residents on "G" Place and abutting the alleyway. Inasmuch as this is an undeveloped alley having doubtful valueinsofarasthepublicisconcerned, it was recommended that a Public Hearing be held onthematter. Moved by Dullahant, seconded by Delaurenti, to conc-ir' E.n the recommendation of the Street and Alley Committee with referral to the Ordinance Committee for Resolution setting the Date of July 8, 1963 for the Hearing. Carried, 2. Request for painted Cross—walk at 6th Avenue North and Garden Street access to Pacific Car & Foundry parking lot was considered and it was recommended that the Street Department paint the cross—walk area on the north side of the intersection of said streets.Moved by Bruce, seconded by Delaurenti, to concur in the recommendation of the StreetandAlleyCommittee. Carried. 3. Request for Temporary Permit forAngle Parking on the North side of 4th Place between Shattuck Street and Rainier Avenue was considered and it was the recommendation that aRevocablePermitbegrantedtoDr. R. J. Evoy for development of angle parking as requested subject to the understanding that the Permittees will bear all costs involved and that approval of the plans be secured from the City Engineer and Street Commissioner prior tocommencementoftheconstruction. Moved by Dullahant, seconded by Dahlquist, to concur in the recommendation of theStreetandalleyCommittee. Carried. 4. Request from Mr. Nathan E. Ward for acquisition cf public use area •- Since the property in question provides the only access to a large public use area to the 'South inthesameblock, no disposition could be made without considering all of the public useareawithinBlock26oftheCorrectedPlatofRentonHighlands. Even in the event the Cityweretoreceivepetitionfromalloftheabuttingpropertyowners, it is questionablewhethertheCitywould 'have the authority to vacate this Public Use Area, inasmuch as sucharea-was. established by the Federal Government. Moved by Garrett, seconded by Dahlquist, to concur in the report of the Street ar''Alley Committee. Carried. Upon investigation of a complaint concerning use of property on Burnett Street inthevicinityoftheCarpenter's Hall, the Committee reported no determination could be made inasmuch as the nature of the complaint was not detailed. Councilman Bruce reported receiving the complaint from Mr. Wm. Rusden and it was in regard to h::; driveway not havingbeenrestoredingoodconditionsubsequenttothesewerlineinstallationbyMetro. MovedbyDelaurenti, seconded by Bruce, to refer the matter to the Stree.: and : ev- Committee,Carried, Minutes of the Renton City Council Meeting 6-3 COUNCIL COMMITTEE REPORTS: OLD BUSINESS: Councilman Reid submitted the report of the Council As A Whole Committee whi* was read by the Clerk with Council actions taken as follows: 1. The matter of Encroachment by Mr. Charles Shane's building on a 10 foot strip property not zoned B-1 was considered and in view of the fact that the following cditionshavechangedsincetherezoning, (a) withdrawal of Edwards Deed, (b) info of additional right of way deeded to the City, it was recommended that a Variance granted for the building as started, but that until the street pattern is fully esithezoningshouldremainasis, it being possible to effect a desirable street arr. without disturbing the proposed building. Inquiry was made as to whether Mr. Shane was agreeable to the proposed arrang: and inasmuch as Mr. Dobson, counsel for Mr. Shane had left the Council Chamber, fuz action on the matter was deferred until later in the meeting. 2. Relative to the referral of the Sanitation Committee report to transfer only t Billing operation from the Utilities Department unto the City Treasurer's office, i recommended by the Council As A Whole to concur in this transfer of Billing only at time. Moved by Delaurenti, seconded by Hulse, to concur in the recommendation of the As A Whole. Carried. Moved by Trimm, seconded by Delaurenti, to refer the matter Ordinance Committee. Carried. Mr. Dobson had returned to the Council Chamber and upon inquiry advised he had a request that Mr. Shane be present to determine whether or not he was willing to actheconditionproposedforleavingthe10ft. strip under "C" zoning. Mr. Shane wou be present later in the meeting but inasmuch as it was not known whether he would ar prior to adjournment of the meeting, it was moved by Dullahant, seconded by Bruce, t defer action on the matter until the next meeting of the Council. Carried. Councilman Reid, Chairman of the Street and Alley Committee, presented his Comm report which was read as follows: 1. Petition for Vacation of a 16 ft. alleyway in Block 18, Renton Highlands wa considered. The Petition contained fourteen signatures of residents on "G" Place and abutting the alleyway. Inasmuch as this is an undeveloped alley having doubtful valu insofar as the public is concerned, it was recommended that a Public Hearing be held o the matter. Moved by Dullahant, seconded by Delaurenti, to concur' in the recommendation of t Street and Alley Committee with referral to the Ordinance Committee for 4 Resolution setting the Date of July 8, 1963 for the Hearing. Carried. 2. Request for painted Cross-walk at 6th Avenue North and Garden Street access Pacific Car & Foundry parking lot was considered and it was recommended that the Stree Department paint the cross-walk area on the north side of the intersection of said str Moved by Bruce, seconded by Delaurenti, to concur in the recommendation of the St and Alley Committee. Carried. 3. Request for Temporary Permit for Angle Parking on the North side of 4th Place b; Shattuck Street and Rainier Avenue was considered and it was the recommendation that a Revocable Permit be granted to Dr. R. J. Evoy for development of angle parking as requE subject to the understanding that the Permittees will bear all costs involved and that approval of the plans be secured from the City Engineer and Street Commissioner prior t commencement of the construction. Moved by Dullahant, seconded by Dahlquist, to concur in the recommendation of the Street and alley Committee. Carried. 4. Request from Mr. Nathan E. Ward for acquisition of public use area - Since the property in question provides the only access to a large public use area to the South i the same block, no disposition could be made without considering all of the public use area within Block 26 of the Corrected Plat of Renton Highlands. Even in the event the were to receive petition from all of the abutting property owners, it is questionable whether the City would have the authority to vacate this Public Use Area, inasmuch as s area-was established by the Federal Government. Moved by Garrett, seconded by Dahlquist, to concur in the report of the Street and Alley Committee. Carried. Upon investigation of a complaint concerning use of property on Burnett Street in the vicinity of the Carpenter's Hall, the Committee reported no determination could be made inasmuch as the nature of the complaint was not detailed. Councilman Bruce report receiving the complaint from Mr. Wm. Rusden and it was in regard to his driveway not habeenrestoredingoodconditionsubsequenttothesewerlineinstallationbyMetro. Mo by Delaurenti, seconded by Bruce, to refer the matter to the Street and Alley CommitteeCarried. 3- i M f a 1 1 1 Minutes of the Renton City Council Meeting 5-27-63 COUNCIL COMMITTEE REPORTS NEW BUSINESS: (cont. ) Moved by Custer, seconded by Delaurenti, that Vouchers #1150 through $1175, having been previously approved by the Accounting and Auditing Committee, be accepted for payment. Carried. Councilman Custer inquired of the City Engineer whether he had been contacted by the (MerryHill) Nursing Home on Talbot Hill relative to connecting onto the City's Sanitary Sewer Line. Mr. Wilson advised that they had not made inquiry since sometime last year. Discussion disclosed that the Health Department has given a 15 day ultimatum regarding the Home's sanitary facilities and that a petition for annexation of the subject area has been initiated which would resolve the problem in the event the element of time were not a determining factor. The City's policy otherwise is not to allow any outside residence to hook-up to the facilities within the corporate limits. Moved by Trimm, seconded by Custer, to refer this matter to the Sanitation Committee. Carried. Mayor Aliment invited comment from the audience at this time and Attorney John Dobson, addressed the assembly on behalf of Mr. Charles Shane, requesting removal of the restrictionn Ifrom the ten feet of Mr. Shane's property upon which he has begun construction. This ten feet according to Mr. Shane's knowledge had allegedly been included in the B-1 rezone of the entire tract and not reserved for right-of-way. Mr. Dobson pointed out that adequate ti area was now available for any right-of-way and City Engineer Wilson advised of additional land deeded the City by the Highway Department therefor, upholding that in view of the circumstances connected with the retainment of Edwards Street, the ten feet in question is no longer required. Discussion followed regarding Planning Commission status and action and other proceedings on the matter, Planning Director Jensen advising that the restricting action was taken in pursuance of establishing a uniform building set back in anticipation of future development. The matter was brought up regarding non-compliance by Mr. Shane with requirements of the Code in construction of the foundation (Which extends onto the 10 ft. strip)and a letter directed to him by the Building Department regarding a stop work order, it being the duty of all builders to comply.without exception. City Attorney Shellan inquired as to what constitutes a right-of-way suggesting that if the present right-of-way is satisfactory an amendatory Ordinance would take care of the ten feet. Mr. Dobson requested that Council take consideration of the restriction on the 10 feet.Moved by Custer, seconded by Pedersen, to refer the matter to the Council As A Whole. Carried. Considering the matter of violation Councilman Garrett queried whether the matter should be referred also tb_.th® Building Inspector and Councilman Reid advised he would be invited to participate in the Committee meeting. As there was no further business to come before the Council, it was moved by Bruce, seconded by Delaurenti, to adjourn. Carried. The meeting was adjourned at 9:40 p.m. There were 33 visitors in the Council Chamber t 6- 5-20-63 by Garrett, seconded by Hulse, to strike out the words "with power to act", and to sub- stitute "to report back". Vote on the amendment carried. Vote on the motion as amended carried. Building Superintendent Higrton's letter to Mr. Charles Shane, advising that the \ building foundation at 14423-14425 - 92nd Avenue South extends 5'4" into the "G" zone in violation of the Ordinance for Business use, and that construction without inspection is a Building Code violation, was read. Mr. Shane advised that he had petitioned the Planning Commission for a zoning of this property to "B-1". Only recently had he been aware that the Planning Commission had retained the "G" zoning applicable to the front 10". Mr. Shane stated that the City normally has 60' as a right-of-way and that only on Primary State Highways is an 80' right-of-way required. This street is not a Primary State Highway but the right-of-way here is 80' in width. Property across the street is presently zoned "Business". Ques- tion was raised as to whether that property has a 10' front setback; if so, this would make a 100' right-of-way, yet 92nd Avenue South covers but one block. Further, that City is taking 10' strip without compensation to him, yet he is required to pay tax on this property. Upon request for his comments, City Attorney Shellan pointed out that the City has a right to establish setbacks on streets other than Primary State Highways. While the City cannot force an owner to give up property; an owner cannot force City to zone to his liking. City can condemn property however and pay for it. A Planning Commission recommendation from its Administrative Meeting of May 15, 1963, that the request of Mr. Wilbur L. Repp relative to waiving certain requirements of the Building Ccde as applicable in Fire zone 1, be denied, after considering the following factors, was read: a) The proposed relocation of an existing building to this location and its con- version to a duplex would be in violation of the present zoning code, which prohibits du- plexes or single family residences in the Business District as new uses. b) The proposal as outlined would require the granting of a variance, a request for which has not been submitted to the Planning Commission for consideration. c) In connection with the general improvement of structures in the Business District, it is anticipated that the Council will reasonably soon initiate a program of code enforcement to require the upgrading or removal of certain buildings and structures. The granting of this request would not be consistent with the probable future action of the Council. Moved by Dullahant, seconded by Bruce, to concur with the recommendation of the Planning Commission. Carried. A letter from Arne G. Goedecke was read, regarding the City of Renton's participa- tion in solving the Tiffany Park Area sewage disposal problem; more specifically making inquiry as to whether the City would undertake the construction of the line Southerly to the top of the hill (North boundary of property of Tiffany Park Development) provided Metro will cross the Cedar River with the proper siphon. Thereafter, installation and dedication of necessary trunk line and related sewer system within the limits of Tiffany Park would be made to the City. Moved by Trimm, seconded by Gianini, to refer the above matter to the Sanitation Committee. Carried. An Announcement was read from Chairman Gianini of Appointees for the Dedication and Ceremony Committee of the newly-lighted Liberty Ball Park Field, and the planned dedication ceremony and program scheduled tentatively for a date in the second week of June, 1963. Presentation of a luggage case with keys was made to Councilman Poli on behalf of the Mayor and City Council Members.for his extended vacation trip in Europe, Councilman Poli extended his thanks to all. The Mayor declared a recess at this time. After the recess Roll Call was again taken with all Councilmen present as previously indicated. A Petition was read, signed by fifty-five property owners in the Talbot Hill Area starting with "Umberto Barei" and ending with "Geraldine Wilson") requesting that the Talbot Hill Area now zoned "GS-1" be changed to "R-1", by reason that a 35,000 square foot lot to build in the area is no longer reasonable since the highway route has now been determined and there is little reason to prohibit changing the size of the lot requirement to 7,000 square feet. Moved by Reid, seconded by Custer, to refer the Petition to the Planning Commission. Carried. 5- h 9.... 1, , ,, J /-,,, k' M i p K+w• w+' s^'` s 4 .) " - rJ _ii.J l'igi;e Renton41limUipplim.. J ,,.. i E r WA S H N GT O N the Jet Transport Capital of the World r t .t OFFICE OF THE CITY ENGINEER ate,., `" y May 20, 1963 Honorable Frank Aliment, Mayor Members of the City Council Gentlemen and Jeanette Dahlquist: The original of the attached letter was sent Mr. Charles Shane by registered mail to notify him of violation of City Ordinances with regard to the construction of a commercial building on 92nd Avenue South at 7th Avenue. Failure to comply with the Zoning Ordinance will result in a Stop Workt' order unless otherwise instructed by the City Council. Very truly yours, r J sL. h'on perintenden of Buildings JLH:mc G f) February 16 , 1963 Honorable Mayor Frank Aliment Meadiers of e'ie City Council Gentlemen: The Planning Commission at its public hearing of February 13 , 1963, upon motion recommended the fol- lowing after consideration of matters heretofore re- ferred to the Planning Commission by the City Council: ein.e '(a) Charles Shane Rezone: Recommend that the application of Charles Shane7-4 for a reclassification of rropertia% descrillad o are: The South 270' of the ,forth 300' of the f-^ West 150' of the East 170' of the NW 1/4 of Section 19 , Twp 23N, R 5 E, M.M. , in King County, from "G" to 3-1 be granted. b) Gould-Charlton Resens: Reeommended otter reconsideration of the matter that Lots 4 and 5, together with the North half of Lot 7, Block R, Akers Farms No. 6, be re- zoned from "0" to R-3, LESS the South 10 ' there-- of and less the west 20 ' thereof, and recommended tat the south half of Lot 7 together with Lot 6 , L lock 6, Akers Farm* No. 6 , be rezoned from "G" to Bel LESS the South 10' thereof and Less the west 20' thereof. c) The Planning Commission following review of the proposed Duwae:ish Valley Planning Commission wish to express agreement with the principle of the proposal and recommends that such a commiesion be organized at an early date. Concurrence of the City Council is respectfully re- queeted in the above recommendations. Yours very tr aly, J. David Jensen$ a Lanni e Dienctoe JDJ: pc CMOS OP TNE CITY CLERK January 10, 1965 Mr. Charles Shane 1406 "J" Street Renton, Washington Deer Mr. 8harra t This is is advise that adequate time must be allowed for preparing Public Nearing %!stics for posting and publication in aecor4amss with law and we call your attention to the fact that we are unable to premed until such titans as the proper plans and applioations are submitted alb with the filing fees required for processing your resew request. Tours very truly, CITY 01 RENTON Kelais W. 11e34014 City Clerk cc: Planning Director (Please advise then proper forms & fees are filod) Thank you - Helmie r/ IV RENTON CITY COUNCIL REGULAR MEETING February 18, 1963 The regular meeting of the Renton City Council was called to order by Mayor Frank Aliment at 8:00 p.m. ROLL CALL OF COUNCILMEN: Reid, Dullahant, Hulse, Gianini, Dahlquist, Pedersen, Garrett, Trimm, Delaurenti, Poli and Bruce. OFFICIALS AND DEPARTMENT HEADS PRESENT: Helmie Nelson, City Clerk, Dorothea Gossett, City Treasurer, Gerard Shellan, City Attorney, Clarence Williams, Chief of Police, Jack Wilson, City Engineer, Floyd Lawrence, Fire Chief, Gene Coulon, Sup't. of Parks & Recreation, Vern Church, Purchasing Agent, Joe Lynch, Street Commissioner, and David Jensen, Planning Director. The Pledge of Allegiance to the Flag was led by Patrolman Charles Swartfager. Invocation was delivered by Rev. A.L.S. Mathrie, Renton Lutheran Church. Moved by Poli, seconded by Dahlquist, that the Minutes of the previous meeting of February 11, 1963 be approved as written. Carried. HEARING: Charles Shane Rezone Request This being the date set the Hearing was continued and declared open at this time. The Clerk read the recommendation of the Planning Commission to whom the matter had been referred, as follows: Recommended that the application for reclassification of the South 270' of the North 300' of the West 150' of the East 170' of the NW4 of Section 19, Twp. 23N, R 5 E., W.M., in King County, from "G" to E•-1 be granted. I Moved by Trim, seconded by Garrett, to concur in the recommendation. Carried. Moved by Garrett, seconded by Hulse, to refer the matter to the Ordinance Committee. Carried. Planning Director Jensen advised that a portion of the rezoned lands would normally be required for street purposes if a 60 ft. right-of-way is to be established and Mr. Shane has indicated that he will comply with the East ten feet of his property being excepted and reserved for street use and not business purposes. COMMUNICAT 4.ONS: Requests were read in an Application from Azzola Tavern, (Joe Zanga) and Pastime Tavern, (V. Tuntland), for licenses to operate Music Machines at said locations. Moved by Bruce, seconded by Poli, to refa^ the application to the Police and Lief.-1 -: Committee with Power to Act, Carried. A letter from the Renton School District requested permission to display a canvas banner on Third Avenue to promote the school district bond issue and special levy of March 13, 1963. Moved by Delaurenti, seconded by Hulse, to grant the request with the installations to be under supervision of the Engineering Department and the execution of a Hold Harmless Agreement. Carried. A letter from the Hon. Gary Crant, State Representative, 47th District, acknowledged a letter from Mayor Aliment regarding a meeting to be held in the Governor's office on Feb. 13 and advised of a prior meeting on Feb. 12th, both of which he had planned to attend. Support was advocated of the legis- lation, (H.B. 3) in which the City is interested. A letter was read from The Boeing Company expressing thanks and apprecia- tion for aid of the City Police and Fire Departments during'.recent taxi tests and first flight of the new 727. Assn. of Washington Cities Convention Bulletin No. 1, was read announcing the Statewide Convention in Longview on June 12, 13, and 14, 1963. Reservations are to be made direct to hotel or motel of your choice or through the Convention Reservation Committee: Miss Jewel Lindner, Convention Secretary, Longview Chamber of Commerce, 1563 Olympia Way, Longview, Washington. Attached was a list of hotels and motels which may be seen in the City Clerk's office if desired. 1- L r/// Y RENTON CITY COUNCIL REGULAR MEETING January 28, 1963 The regular meeting of the Renton City Council was called to order by Mayor Frank Aliment at 8: 00 p.m. ROLL CALL OF COUNCILMEN: Reid, Dullahant, Hulse, Gianini, Dahlquist, Pedersen, Garrett, Trimm, Custer, Delaurenti, Poli and Bruce. OFFICIALS AND DEPARTMENT HEADS PRESENT: Helmie Nelson, City Clerk, Dorothea Gossett, City Treasurer, Gerard Shellan, City Attorney, Clarence Williams, Chief of Police, Floyd Lawrence, Fire Chief, Delbert Bennett, Assistant City Engineer, William Gordon, Assistant Librarian, Joe Lynch, Street Commissioner, Gene Coulon, Sup't. of Parks & Recreation and Davis Jensen, Planning Director.. The Pledge of Allegiance to the Flag was led by Patrolman James Phelan and the Invocation was delivered by Rev. A.L.S. Mathrie, Renton Lutheran Church. Moved by Poli, seconded by Bruce, that the Minutes of the previous meeting of January 21, 1963 be approved as written. Councilman Custer called attention to his intent on the appeal of the Planning Commission decision for rezone of the Investment Exchange Corporation property, his motion being to concur in the Planning Commission recommendation automatically closing the Hearing. After dis- cussion on the matter and dissenting voice vote on the pending motion,roll call vote was requested and resulted with all Councilmen voting No with the exception of Dullahant and the motion was lost. Moved by Custer, seconded by Garrett, that the Minutes of the previous meetingofJanuary21, 1963 be corrected as follows: "Moved by Custer, seconded by Dullahant, to concur in the recommendation of the Planning Commission. Discussion ensued on the motion being intended for that Planning Commission recommendation from its meeting of December 19, 1963 (for rezone of Lots 4, 5, 6, and 7, Block B, Akers Farms No. 6, from "G" to R-3 with provisions for a Permit to allow a clinic on a portion of Lot 7&4) The appeal was made inasmuch as a request for B-1 zoning on a portion of the property was not recommended. ) Attention was called to the presence of Mr. Melvin Tennent, from the Corporation appealing the decision, who advised that he had been unable to attend the previous hearing meeting as he had been asked suddenly to drive his neighbor, who had become ill, to the hospital. After further discussion, the pending motion carried. Moved by Custer, seconded by Hulse, that the Minutes of the previous meeting be approved as amended. Carried. (See subsequent action later in the meeting) HEARING: Revision of the City of Renton's Six-Year Comprehensive Street Program Original REsolution No. 1120 - adopted on December 12, 1962) This being the date set, the Hearing was declared open. A communication was read from City Engineer Wilson, advising of the need to revise said program at this time in order to provide acquisition of right of way and traffic control on Burnett Street. The revision was incorporated on Page 3, III. Access Streets, Exhibit "A" amending item No. (20) Burnett Street - 3rd Avenue to 4th Avenue, Curb and Gutter Paving and Storm Sewers, $ 7,500.00 -to- (20) Burnett Street - 2nd Avenue to 4th Avenue, Curb and Gutter, Paving, Storm Sewers, Acquisition of Right-of-way and Traffic Control, $ 30,000.00. The total estimated cost for Access Streets was increased from $533,500.00 to $556,000.00 and the Grand total estimate of costs for the Six Year Program was increased from $1,704,000.00 to $1,726, 500.00. Comments were invited from the public and as none was forthcoming Mayor Aliment declared the Hearing closed. Moved by Bruce, seconded by Custer, to concur in the revision and that a Resolution be drawn amending the original Resolution. Carried. Moved by Garrett, seconded by Custer, to refer the matter to the Ordinance Committee to bring in a proper Resolution. Carried. EARING: Charles Shane Rezone Request 7s- Waving no Planning Commission of record and a Council Hearing having therefore been set for this date, the Hearing was declared open. In consideration of there being a revision in formation of the Planning Commission, it was moved by Reid, seconded by Custer, that the Hearing be continued to February 18, 1963 and the matter referred to the newly organized Commission for recommendation. Carried. 1- Minutes of the Renton City Council Meeting 1-7-63 COUNCIL COMMITTEE REPORTS: NEW BUSINESS: (cont.) Councilman Trimm reported a number of accidents had occurred at 3rd Avenue and Pelly Streets and moved that this matter be referred to the Traffic Division for investigation and report back. The motion was seconded by Custer and carried. Moved by Custer, seconded by Delaurenti, that Vouchers 9482 through 9634 be approved for payment. Carried. Councilman Custer inquired regarding the request for rezone by Mr. Shane in view of there being no Planning Commission. City Attorney Shellan advised that upon completion of the proper forms, plans and payment of the filing fees the Council, if no Planning Commission has yet been appointed, may give proper public notice and subsequently take action. Mr. Jensen advised that a Hearing date may be established however a Planning Commission report is needed before the Council takes final action. Mr. Shellan stated that upon written notice of resignation the City is left without a Planning Commission and if a new Commission is appointed ' such procedure would be followed, under the present Ordinance. Attention was called to the referral to Committee for amendment thereof and after discussion on the time elemeent in conclusion of the rezone matter, the procedure to be followed if no new Commission has been appointed and fact that the Mayor, with Council approval may at any time appoint a new Commission, it was moved by Custer, seconded by Delaurenti, that the date of January 28, 1963 be set for hearing subject to confirmation that proper forms and fees have been filed. Carried. As there was no further business to come before the Council, it was moved by Poll, seconded by Delaurenti, to adjourn. Carried. The meeting was adjourned at 10:00 p.m. and there were 27 visitors in the Council Chamber. 6-