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Home My WebLink AboutVAC - S. 131st St & Earlington Gardens Alley/BLK 6 ... , ay j- O t .--- ) t - 1 " .. . 40 CITY OF RENTON / / * RENTON, WASHINGTON . OFFICE OF CITY ATTORNEY ' Gerard M.Shellan, City.1JHornell Arthur L. Haugan,As.4't.Gil,Attorney November 21, 1963 • Mrs. Hel ie Nelson, City Clerk . . • ' • City of Renton ' ' ' City Hall ' • Renton, Washington , . Dear Mrs. Nelson: .__;-.__ RE: Lissman -vs- City of Renton , • ' Cause No. 37323 . Enclosed you will ' co y of_a 1e- r we ve received this morning •:' ' • from Mr. Malcolm S. McLeod, attorney for the Assembly of God church and ' - ' Rev. Orland Marr which we trust is self-explanatory. We discussed the ' • . • • matter with Mr. McLeod after receipt of his letter and he and his clients have definitely decided that it would not be advisable to pursue the appeal. One of. the reasons cited was the effect this case would have on • ' other properties within the plat if the Supreme Court saw fit to affirm ' ' the 'trial courtts judgment. _ If the City, for any reason, as determined by the City Engineer, should , need this road for street purposes as part of its Comprehensive Plan, or otherwise, then such roadway should be acquired by condemnation action ' before any improvements are placed-thereon. This, of course, should have, ' . the approval of the Planning' Commission which previously had voted for , vacation of the subject street. / ) We remain, Verb ruly yourc.)/. Air Iv s Arr • ' / . .„, , . • , (y: Gerard M. Shellan, • City Attorney GMS:iw . '� Enc. � . , cc: Rev. Orland Mary. ' cc: Mr. Charles Delauronti • • President, Renton City Council • ; cc: I . Jack Wilson, City Engineer , . . . • P, �� f { ci1hr)lnl ,�. '`1t I,coc.1 , Sc•.11dc 1\\ ,1slilitQt ,n . '!V i 1 11�..ail .ri. ba4.$6 g 3T ' Clerk o .the fittpreme Court Kof tile 4Ste.',c'ry- ryio �p.'r�+i1�d'x.�.'3'�E''c�if1 t e pL of .c;ias t:.. 1V Fjp K9 - 1 '• li '. Olymp�i.:a, •',.;��l';i r? r�.:.'ok. ; • Nr. Sc ni "`mqu t. , Attorney &t Law ' ' ' ' 17 ktrGr'.7c° 1.:i&. { rf ' P,e: .13.D : 37323 l,iriama.n v8 City of Renton; E Toll are hereby vise that the writer hag caret ill aensiclared t ce 3r4.14ords , y it 6 4and the authorities in the cnbjQ¢tt , . action .. vad t.1240 conclu.ded it would be in the beat inter, ate of taw 'e.ppra1L. .ut not to proceed with the appeal and we will. therefore a . ,e, tha m their to be diamiosed according to the : ' ; ralius of the Court on the Motion co Dielmiss. • ' i Cordially y€ ar e o Malcolm 1e4 ' rt i .. i , F1. WiLLIAM M. LOWRY GLUM Zile $nprinw (Elute *Mt of3111attflingitui ( l titpi:z 1 hov.xYber 1;i63 Mr, i'rhn iar1Tlet • 417 Arctic.' l'1tU1d1ng Seat:tie 4, .,..,T '.ngtan t 'Jaugan *t Shahan 227 1/2 Wells Street Box 626 Kenton, l4 qn i,l et I.: 1r. Malcolm r1' ii.of :fortrm !`�tS11 ?ng Rea 37323 - Lis v. CT ty of Ronton $1. court disposed of the moticT to dismiss on toe C ulc,r-i.ari today by thA following notation r reor entored on page 70, jo?. 12, of the Motion Docket: "Motion to diemis,i► denied upon payment of $150 terms to be paid to John Ranquot and filing of his brief by Nov3mber 20, 1963. Richard E. Ott, Chief Justice" 4a-z 7, v truly your , • t ,moo WAliam Loirgs "Clerk TTORI`a 1r 'P it C ITY A 1.'� ��FICE .C'- .. 2s' 2271/2 W LLS . _ R.;:O: BOX 6N WASH. " 3 : . REN.T = j October. 25; ' 19 • Ht.. .Ha'lcoIs kcLeod : . - . • ". - attorney at Law - . . • '1519'Nortcm Building • = - - ' Seattle,' Washington • . " . .•_ _ _ , . _. e: Liesman vs City-of• Renton : - • Deax Si s; . •- ; This is to adlAse . .you,,that we have.received thus dete''a - dopy; of aespondet1t's Br1ef ii support; of his•Motion to . • ' '- '' ''• ':Disiiiaa the appeal:.`.-We. notice,, however, that in, Respondent's Affidavit of Bailing a'copy of'Said, lrie* has been sa: .led.to • you so that there is .no,need'for .us to 'forward Our•copy. • _ _ • • - As•. indioated:,to ,you several times•befor'e,' ,we would appreciate -• ,,- _ ', ' - . :: ''•it if •you*would .keep 'the City..posted and'advise:whether:the ' . . ' •- ,terms of our understanding are being.carried out- by.yon.,and .. , - ' , your client,. : .:. ' ' • We'remain . _ :. ,ktAUa ` • ;f Gerard . Ilan pity Atto ..CMg snd • - ' . cc (Blind) Rev. Marr " ' - . . City Clerk OFFICE OF THE CITY ATTORND (, P.G. BOX 626 2271/2 WELLS St RENTON, WASH. October 16, 1963 Mr. M,ala .m McLeod Attorney at Law . . 1519 Norton Building Seattle, Washington Re: Liseman. vs City of Renton Dear Sir; Enclosed you will find copy of letter received from the Suprema Court dated October 15, 1963 advising that Respondent's Motion will come up for hearing on November 1. We presume that you will take care of this matter and the City would very much appreciate it if'you would advise us promptly that that is the case. We have not received any reply from you to our recent letter of October 11 and the matters enclosed. . We remain You /very truly, / HAUGAN & sH*u,O " / .>/RI/ 1// \ / YGerard K. (Shel1 .n City Attorney GMS:nd Encl. • cc: City Clerk ' • • • 0'0-- •.;;.• •••• „ r'e -h'„IMV0,:r,pc(,;;;;.';,•?•';•,$,V,,;';•,;,4.•1,:;11k,';";;;;s1. • T. • I:. -,•n;• ;;_, ••••• .,,,j „••_.• , •' vis;; • L ••-• , • , •; 't• •• ,••• i•,41,•*.*4%41', , •• ; • ;• ' • •;; ?° • 1'; • t•"tr;;;.' 'q:# :•• 411: • $1' . • r1r-'• t. • !r: F1, •••• • .!•;' : t,r:1;'• r. •. • `4„, T.' f'' •°- ' t 4ik?' . • •-• E,; .`•• ;34,, c , • 1' ,•-•;„ „ L`: • •'' • /id . , -•s' , ! !-r ", • , • * - " , .• ' ,• •• ••,„` L ' '_"' • , ''" • • • - :• • •, I• . r, • 1 • • • • . • • 4*. ! A t.te^rt2,451' t Lat.. 73',1,°o hotleins , attlf..eurzoo Res 1,,I.0101Witit .Ciy Dear PJir: • l'-.114tIosed you, 11X f t.rtd aortae el' tiot-lem t,...14:41:1.1•04 ANI t.t.1 nt_anlits t.14t on our fi tare ttra. i.hat tbay are imlf-etplarkstory, lie are sIJO Ortf!!!1 041;13 i.t4,i1 1214.4 itp.„.2rouiit y& rtriAseelloAt ttitir vAlitter„ It .1.16 appartuti, ttr„, 1.asaavisa roe.,tior, that 1•:,uvu not ,dililgerttly D.ro-a•sadeel the tent artd that therefore further Irtotte4thgt should oout trued Plezee rcaraereler your agrectent al.th the City that yva vo.0,1d handle this Appe,s1 Sad the City would be beld harmless froa Any orpsoises eonriscti4:-;r. Th'e vould 1.1-atref ore appreriate: it LI y4141 Welt d advise es aa voun at posaibla .v.I4• Vita*ie., Tout,* :eery truly, $11.1.1M1,54 ta7Sill24,0 • -7.rho ,/ City Attoruity 1 it 2 C ort: City .:„.;:ountil. • • • CITY OF RENTON RENTON, WASHINGTON OFFICE Of CITY ATTORNEY • Guard M.Shelton, City Attorney Arthur L.Haugan,Ass't.City Attorney October 21, 1963 Mr. Malcolm McLeod Attorney at Law 1519 Norton Building \Seattle, Washington Re: Lissman vs. City of Renton Dear Sir: We are handing you herewith copies of Amended Motion to Dismiss and Notice thereof that we have received this date from Mr. John Ranquet, attorney for Respondent. You will notice that Mr. Ranquet alleges that you have failed to comply with the rules of the Supreme Court in processing the appeal end that same should be dismissed. We would appreciate it it you would advise us without delay about your intentions in the matter since the City had assumed that you were taking all timely steps to perfect the appeal . We remain, 7 - rs very truly, - ;HAUGAN & SHELLA Gerard M. S Ilan City Attor y { GMS:mr• Enclosures OFFw,E OF THE CITY ATTORNE irsn- ( 0_3 2,c. .71/2 WELLS ST • - , October 11, 1963 Mr. Valcolm S. McLeod Attorney at Law 1519 Norton Building Seattle, Washington Re: Lissman vs. City of Renton Dear sir: Enclosed you will find copies of Notice of Motion and Motion to Dismiss that were served on Our office yesterday, We are sure that they are self-explanatory. We are alto enclosing the attachments to the Motion and we would appreciate your immdiate reaction to this matter. It is apparently Mr. Lissman'a position that you have not diligently proceeded with the Appeal on behalf of your client and that therefore any further proceedings 'should be dis- continued. Please remember your agreement with the City that you would handle this Appeal and the City would be held harmless from any expenses in connection therewith, We would therefore appreciate it if you would advise uses soon as possible, We remain, You //Very truly, d: %1:1_EzN O ardM: Stelian ity Attorney CMS:mr Enclosures cc-City Clerk President - City Council OFFICF I ; T, ,: ". • p•O. a` +. lay,20, 1K.) (_ L - � L L Mr. Malcolm 9. Ma sod Attorney at Ws 1519 Morton Bids. Beattie, W8s&iaat.n Me: City of Renton vs Liftman Dear Sir: We hereby she refer to onr letter of ioned matter and your sliest s od Ll' 1943 reoarding the above Decisionto Supreme CeNrt. 3!o City dodge to appeal i�ci,Bitt's procedure said towns end s G�ssi1 was _____ le w ouch conditions whisk we outlined. We h+e*e net yet hoard from yes sad t C a teal is her' 7 libs to ed*$. yes that Yewtenser of pe rummies out. It is impassive that you sign like to be se advised forf the h thwith. �11 to esi an if aet, we weld We cassia Ap ry truly r Gerard M. Shells& Qii tIDd 1 City Attorney cc: Bev. Kara act nisi, Melees, City Clerk Welt Acid, Street Malley Otter • • • • . ' 7r j1f.. bla, 14, 1963 • Ue. Malcolu MaLes4 Attorney st Nervon Acildtu4 gem:title 4, q sairigtm ha: City *2 Keaton vs Lisswan Lalut- •'.3.t ; t tv yon tbet the City godocil at its moan? Ect'..tt.L2, May 19E3 ued while sitting as a Concirtae or the Whoie, agr ' proNec,Ltute an weal firms tht decision of the Honorable Supine A. -wriehl. 4102 p*r hie Neworeadaa dezisiola dated April 19, 1965. Thiu deilisiz2 boa xcache'd basee & vox!' client 's premise to assume tu an4 anti all c.13ets sod axpesaes related or caused by this splyct.1 proceduraf a..24 h*0 the City harmiess fres any financial rcet;w6tbill4. fu Crivne4-2X10;'. (-.1.,mtscrit1-4. It also being nadersteed that a4 OM Umorney, 1/117 tw_reite thit appea3 end all mirk in eennsetion ti: 01,41(!?:; that. ywf.11, ot coerse, wet 4.11 the newlaal pasty. ah.,10.. , CUUn'66v bc.,, 06f., lou with all the weeessery wc, may fAUL- .11,Weetwini LA *twad by yea Sr your 011, thw, orisimel retorood to os for r' )! =o thct yes should have year ci tor,4,4 :otp.d cAnctv,, the next few days alas. time v,.m.gra very truly, i2APCLN MUM, ‘.; r • _ „ lielatie Nelson, City Clerk c.-s Mayor and the City Conseil S� I i ccs Rey. 0. .;. Harr Aesesrbly of Gait Chap of Banton 13121 - 91st S. April 22, 1963 Renton, Washington Gerrard Malian Mr. Jack ifilsonv City lIngirow City of "e1onton City : l ?lento% Ieeh1 gto Dear :oaks • W1c is to saris* you that we hay. r'aaadved this data * Garry of a Saaoranekva ' dean *triad by Juke twine A. Wight dated April 13th 1963# halting that that portion of 13Iapt Street no loom elate=late as a street by reason of the = d v ti< tie /variatio a? the Las et 1 9 '159O. We are anolosing a eaopy o the Noisiest for ►�M lwotime. In *Mitten to that balding" Ma J %js also eonsluded that the action of the City Cow% elt Ylanalus Cesotasien in initially r4iing the 'ovation od. the aft oonatttoied sneak a matton wean though as tonal *idiom, late twee-tad to the affect. ° eertAainly do not with the latter oweelvaion of the Cat sinaellin our esxkien„ the adaptiic ea of an oadinsnoo reiliritva to voloatiou is Aewta'?atery sop GAR at vote of the Plaanixt emission.ssion or Cave/ woad not be binding. All of um, o' nourre, main this was an a 'lose case. Personally, urt Ian tom doubt an to the Mesas at the d1siee in 11410W of saws at t :o raw thtlt have been Ad.teed by the Coort and also in ?Lev of the fact that e jnig.p aped to hold ia boor ofthe City in his tentative e11w1 opinion r�n c 4+.?'".fib: 7th. Wa, think it seelA be ineenbent nom you as well as the Conseil OirtlernIsle Vbithgr7 deem it neese aurys by reason at the loss at that - " r;t.t rany other City interest in a tton therewith to appeal 'tip rmtte7 t4) ties Duress Cont. On the ether you t . este that :h totficin well not be nisei*y. We wills in any events, sake s nation to the Gmzel to rstyansidar its Pheasoseekna Deei hat nasally a Judge sill not Glimzzo �, If you. multi weer to mot with tie to dismiss this natter further, please y.t;1& the taeliecisigted a eaU as smaa as passible,' Ter/ tray yours, ijitt6AX AND SS:WAN rs I Bya Gewn rd M. Shells:4 City Attorney -4-7i CITY OF RENTON RENTON. WASHINGTON OFFICE OF CITY ATTORNEY May 14, 1963 Mr. Malcolm S. McLeod Attorney at Law Norton Building Seattle 4, W. shington Re: City of Renton vs Liasman Dear Sir: This is to advise you that the City Council at its regular meeting on May 13, 1963 and while sitting as a Committee of the Whole, agreed to prosecute an appeal from the decision of the Honorable Eugene A. Wright as per his Memorandum decision dated April 19, 1963. This decision has been reached based on your client's promise to assume and pay in full any and all costs and expenses related or caused by this appeal procedure and to hold the City harmless from any financial responsibility in connection therewith. It also being understood that you, as the attorney, will handle this appeal and all work in connection therewith except that the City will, of course, agear as the nominal party. We shall, or course, be glad to furnish you with all the necessary informa- tion that we may have in our possession. Would you please see to it that this Agreement is signed by you or your client in the lower left hand cornerand the original returned to us for our City Clerk's file. Please also remember that you should have your Notice of Appeal prepared and filed during the next few days since time is running out. We remain -l Yours very truly, 'HAUGAN & SHEL1 t : 7 `/:7 //7/ /) By Gerard M. Shellan / City Attorney The foregoing read and approved (/ this -ZJ day of May, 1963. ?ass b Renton B � "TY 3 /3/ •, • January 30, 1963 „ aiqr' At t or t • , 417 Arcitic. P.v.:1111./rr• 4 Pc; Jtfx4ph Liesman et tax vv. City of Renton and County of King, LiaShinFlort CBLISe No, 596%t0 nF--.,r'-) vo,1 In the -_,-Lo,re, '.'01.1 t-Ann:,-e orr-,ugl, tr., ti'me c,r1.:/71c. r tr . , r , , Ci .c 1 ,r . r! n., :1'i l-. Pi'oecuting Attorney', Office ';ivii s)ppirtmet t County-City 3uildi►3g `'eats r.- , cfaahington Re: Joaspt G. Lissaan et ux vs. City of Renton grid County of King, Usshfngton - Cause No. 596560 Cc•ut.l e,T,s n ;r,, nro h ndinrs von hereloi.th c-or>y ofCity �na�'er by the of Rcf;t.C{ r letive to the above captioned lawsuit in tbich you are also a oGrty. If ycu have any other interaction c",r d,eta relative to t°iii nott.r that could be or halo to um, please give the undersigned a eahl. L;e ?"C isi , Yours very truly, City Attorney co,MrG. lieimie Nelson, City Clerk 6-i84962 HEARING CONTINUED FROM JUNE 11, 1962 on Petition for Vacation of that portion of South 131st Street Lying between 90th Avenue . South and 91st Avenue South. This being the date set, Hearing was continued on the above Petition; The Clerk reed the following: (1) A petition advocating street.vacation carrying thet,signattree oi` twenty» four residents in the immediate area] starting With "George Deb. Sante" aid edi with "J. B. Kelleher." , (2) The Planning Commissionte recommendation for street iraeation; noting that • portion of South 131st Street East of 91st Avenue South has been previously vacated; • that developed road pattern in the area provides on east-west access at Renton Avenueg at South 129th St. and at South 130th St; that South 131st Street in terms of subs division standards and properly applied planning principles should not be extended east of 90th Avenue South; and, finally, that opening of the street proposed for Va044 tion would create one more four-way intersection on 90th Avenue South which is not desirable. Moved by Trim, seconded by Custer, to concur in the recommendation of the Planning Commission. Question on the motion again gave consideration to any possible future need .for street as an access into the area, the assessed valuation of land to be vacated and its accessibility to other areas. Roll Call Vote resulted as follow* Gianini "Aye", Dablquist "Aye", Pedersen "Aye", Trimm "Aye", Custer "Aye", Pon "Art t Reid "No", Dullahant "No", Hulse "No", Bruce "NO". S .x "Ayes" - Four "Nos" - the motion carried. HEARING CONTINUED FROM JUNE 11, 1962 on Petition for Vacation of that portion of -- - Alley adjacent to Lots 18 to 39 Inclusive of Block 16 of C. D. Hillman's Earlington Gardens Addition to Seattle Division No. 1. This being the date set, the Hearing was continued -on the above Petition. The Clerk read the following: (1) The Planning Commission's recommendation that vacation of applicable pore tion of alley, described above, be denied because the area may be needed at a future time for utility lines and services. (2) The Clerk advised that the City Engineer's recommendation against vaca- tion had previously been submitted to. C:ouncil. At this point the Mayor invited comments from the floor. Mrs. Teresa Tonelli, 9106 South 146th St., asked for clarification as to whethe alley would 'be temporarily closed, opened or allowed to "remain as it", and she again advocated vacation of same. Mr. (Frank Caniparoli, 9134 South 148th St, protested orally against alley vacation advising.that some fifty-two families are serviced by the alley, that alley is only means of access to some homes and, correspondingly; that a. frontage road, no an alleyway, should be considered. The highway, it was stated, had been elevated, with no provision made, insofar as can be determined, for access into the area. Attorney Hugh Carney, representing the Vomenici interests, stated that if the. area is elosed, on the West and and the. Highway closes the Easterly end, the property owners willlbe "blocked" from their property. He requested that any decision on the alley vacation matter be deferred pending, completion of the freeway structure to determine what access arrangements will service the area. Moved, by Reid, seconded by Poll., that the alley vacation request be deterred pending completion of the freeway construction, to. determine what. access, if any,. will ' have been. made into the area in question. Carried. HEARING ON' APPEAL:, Leo L. Lazetti Variance Request Denial. . Thisibeing the date set,, the Hearing was declared, open. The Clerk advised that, this was the. Hearing to appeal the Planning Commissions, denial of Variance Requestg; on the East 150 feet of Lots 3- and 4, Block 9, of C.. D,. Hillmanx;s. Earlington Gardens Addition to, the City of Seattle, Division. No4 1.. ' Upon re.quest,. Planning Director Jensen outlined the• basis, for Variance BequlsW denial, noting that the Planning. Commission considered these two, questionable lots (50' wide -each) originally platted as "one lot,, as going through the block. to the 'otji street. Mr: Lazetti purchased. 150 feet: (approximately East one half); of these lots Zoning, in. this. area is according- to the old County S-.1 r.equ3;rements. which,; stipulate; 35",000 square. feet minimum. for each. new lot* Planning Commission it is. noted, is, ci gently considering a proposal to reclassify thia whole. area. The new zoning; classit& cation. would. require that any lot which. is presently arranged or segregated reeled4e a a,:. unless it; h s. 35,000 square feet.. Main frontage requirement, is 60:' - Mrs, Lazetti; *MY 1:00' for two lots, or 5O. frontage. each.. Needs variance, request correspondingly to build on. 50l' lot, having less, than. the required 35,.0G0. squarefeet. minimum lot require. ment.. -2- . • June 19, 1962 Mrs, 211unie D. Busato 3910 South 143th .Sato Renton,, Washington • Dear ?ids. Tsatot This l'aus reference to you petition for the 'mention of 1611 all.ey shuttins chainpmperties in Block 16 of Co D. Hillman's Earn:1st= Gardens Divisicaa No. I, as • aleseribca in the petition., • The Pew City Council, s,t its rem Ineetinc of. Juno 18, 1962s has dererre 3. action on.is .request, that the alley "retrain, y .aesa,it :nowby this 'mark;�, y eo letion ow thestateiGif er a�, toen W+s vor1 in his,£txsea! to • 'whether access, if cry, Win have been provided..by . • 6bo.te to service the area in question. . Very truly yours, Rye U. Nelsat City Clerk Iffirtifan • cc: Teresa ilone ,. • p. 0. tot 50 Rent-on, iilaahincton . . / . • • • • -. . ' • ' June I ,: 196_2. - , • RQ�r 3a .eet ee . • .Arthur` 11 estrasso. . • . : ' E th Ba13astras . . . Southh Stroot . . � , _ . . . • . . , R� ton,, Gshin o - . ' •' • , .. • Dear'Sire snd 'madam:: _. ' . ' . . s'has reX'erenco to your petition.,for the vacation of . , . . - . ' ' - „ •* . the 16•f' aLley abutti,ng.certain prapertiea in _Block 16 of , ' . . - C. D. •a33.l: nan's Earlir?gton Gardens Division NO. lir aff ' described in the pstition.,..•. • . -• ' • . Renton City Council,, at its regular Meeting of Joao .18, . :•1962i has deferred action .oh this est,�, recommendin . •• . , . that the allay " ain •as it .now exists" pending completion of the .State High :y Depart:Igentle Ivrk 3n this area, to .. , . - . learn laiether access, if any, 1411..have been provided b • y • • • . vice thp area , ', - 17017-truly yours ,. - - _ _ . • . CITE OF. N`. tm3 . • Ho]s .e. €,t..' Nelson :. City Clerk Htalipho . Jae 19, 1962 'r. 'Homer Mann 8904 South 148th Street stony VIAshington Dear Si*: This has =feren a to yota. petition for the vacation of the "161.`alley abutter certain properties in Block 16 of. • C. f,; Hillman is merlin ton Gardens D . .toion.No, 4 as described in the petition. txe Renton City Causeil, at its rogear meets of June " 1962, has deferred action on thh{, request, xtecommending that the alley. "remain as it now exists" pending completion of the State Highway Dep ri ent Is work in this area, to learn *ether access, any, will have been provide i by the State to service the area in question. Vo y truly yours, ' CITY' OP E N�.t1d l!elmie 1,30 1iel ac3a • :. . City Clerk • • • • June 19, 1 ... - «'fin 4e D.'D ata : - 8910 $cuth 3.�► St.. . , . • , :fte , Washington, Dear s.' Busato: . ; "`. is has refe�e to Youi3 it .on tor the vac ion of .• -'the 16'. alley abutting-,certain properties in Block 1,6-Of ' 'C. D. Do's &ar you Cams Division No.,2,r • , described. in the tit ,on. The.penton City Council, at its regular wing or June 1$, .. 19621 has deferred action on this rarqueet, !recommending , • that the alley, "rea •as it now exists" p J4 cp pletic n •:off' the State �wey Department's work in this area, to : learn whether aecees':,3 ',efly, Will have been Drovid+ " the State to service the in .question: • ,Very truly yours, , " CITY CV BERZON Ltelanie W. Nelscxa „ City,Clerk • co Teresa'done . • P. 0. Dal • ' Renton, Washington it 4E, A. .wA s N i N O T O N the Jet Transport Capital of the World ` irk . 6//dX i 2 Z. . June 18, 1962 Honorable Mayor Frank Aliment and':',embers of the City Council Gentlemen: The Planning Commission at its Administrative meeting of June 13, 1962, after furtr consideration and study of propo- sals for vacation of streets, recommends to the City Council as follows: (I ) Recommends the vaca` icn r• f South 131st Street between 90th Avenue South and gist Avenue South for the following reasons: (a) That portion of South 13Ist Street east of 91st Ave- nue South has been previously vacated. (b) The developed road pattern in the area provides an east-west access at Renton Avenue and at South I29th Street and at South 130th Street. The distance between Renton Avenue and South I29th Street is approximately 1050' which is reascr. le for a block length in an area suitable for residential develop- ment . The present average block length of 265' results in ex- cessive percentages of the area dedicated for street use. (Approximately 37 -k9 %) Present day subdivision standards set block lengths between 900 and 1800 ' or approximately 20 - 25 in streets. (c) South 131st Street in terms of subdivision standards ana properly applied planning principles should not be extended east of 90th Avenue South. Future traffic requirements are not expected to require opening and construction of this street. Opening of the street proposed for vacation would create one more 4-way intersection on 90th Avenue South, which would not be desirable. (2) The Planning Commission recommends that the vacation of a portion of the alley abutting Lots 18 to 29 and 29 to 39 • inclusive, Block 16, C. D. Hillman's Earlington Gardens Division No. I not be granted for the reason that the area may be need- ed at a future time for utility lines and services. Since JDJ :pc �I a Id Jensen. Planninn nirr-ni- r 6-11-1962 HEARINGS: `(A) Petition for Vacation of that portion of the alley adjacent to Lots 18 to 39 Incl., of Block 16 of C. D. Hillman's Earlington Gardens Addition to Seattle Div. No. 1. (B) Petition for Vacation of that portion of South 131st Street Lying between 90th Avenue South and 91st Avenue South. This being the date set, the Hearings on the above Petitions for Vacations were declared open. The Clerk read Planning Director Jensen's request that the City Council continue the above scheduled Hearings from June llth to June 18th to afford the Planning Commission with an opportunity to make further study of the effect that such vacations may have upon the City's arterials and street plans. Moved by Dullahant, seconded by Dahlquist, to concur with the recommendation of the Planning Commission and to defer the above scheduled Hearings from June llth to June 18th accordingly. Carried. Councilman Garrett commented that since the Hearing Notice had been published and people are now assembled for this purpose they should be given an opportunity to / express their views. The Clerk read communications received on the above vacation petitions as follows: (l.) On Petition to Vacate Portion of the Alley: The City Engineer noted objection to such vacation because under the Highway Department's present plan, the easterly end of this alley will dead-end into the Valley Freeway, and if the westerly one-third of this alley were vacated this would leave a portion of the alley complete- ly isolated with no means of access. (2.) On Petition to Vacate a Portion of South 131st St: (a.) The City Engineer's recommendation against vacation pointed out that the traffic pattern has not developed to its fullest extent in this area and street could be very important to the City in the future. City at this time desires an overcrossing of Renton Avenue across Rainier Avenue. Installation of such a struc- ture would cause a revision of the adjacent street system. (b.) A protest letter from the Assembly of God Church which indicated that church had spent approximately $250,000 in the development of this block and future opening of 131st Street would benefit both the church and the community as a whole. (c.) A petition protesting the vacation, bearing signatures of thirteen residents in the immediate area, starting with "Chas. B. Petersen" and ending with "Andy Hansen." After above communications were read, the Mayor asked for oral comments from the audience on: Petition for Vacation of that portion of the alley adjacent to Lots 18 to 39 Incl. of Block 16 of C. D. Hillman's Earlington Gardens Addition to Seattle Div. No. 1 (Item "A" above): Mr. Ray Vomenici, 9106 South 14+6th St., spoke at this time filing protest for his mother, Mrs. Teresa Vomenici, the property owner. Mr. Vomenici noted that traffic is heavy in this area. Cars have a problem in approaching homes. Front access to properties has been eliminated by the State who now has an 8' highway within 6' of property line. Alley access definitely will be needed in the future. City has an obligation to the homes in the area for garbage collections, etc., and it was noted that the City is using private property at no cost. Funds and equipment it was stress-• are now available to put through this much needed alley. Mrs. Teresa Vomenici, 9106 South l46th St., spoke briefly in support of Mr. Ray Vomenici's statements above. Mr. Frank Caniparoli, 9134 South l48th. His:property he states lies similarly to that of the above. Mr. Caniparoli expressed an interest in determining the proper size of alleys that would be maintained by the City and in ascertaining whether the City would correspondingly maintain an alley that is not a thorough-way. He stated he understood that 16' was the required alley size; however if this is true only about 8' is now being used in the alley in question. If 16' is required, then there will be an encroachment into his property about 3'. On the subject of maintenance of alleys that are not thorough-ways, the Mayor advised that since the City maintains dead-end streets it would follow that the City also maintains dead-end alleys. The question was raised whether the easement put through years ago could be smaller. Councilman Reid advised that the City maintains dedicated alleys and such alleys must be 16'. City Engineer Wilson concluded with the assumption that the alley was originally platted as 16', ,noting that, alley has never been improved upon, therefore City has not maintained it. However if subject alley is improved by the Property Owners, then the City will conform. -2- 6-11-1962 Mrs. Teresa Tonelli, 22234 - 84th Ave. South (spokesman for family property) advised that they own the property on both sides at the lower end of this alley which end has never been opened (only one-third of alley area has such access): Since it is felt that nothing would be gained by such action but that any planned-for opening would serve primarily the apartments and duplexes here, the request is being made that the closed portion as it now exists remain so, and that no improvement or vacation be made at this time. Mr. Ray Vomenici, again approached Council, noting another point for considera- tion. In establishing Grady Way, provisions had not been made for natural drainage, which drainage is going down this alley. Condition had not been contested because the State is currently planning lane additions to that side of the road. Request some consideration of this problem at this time. Further, alley should be maintained on the westerly end in view of the freeway construction which will create greater problems for the area property owners. The Mayor ruled that this Hearing be continued one week. The Mayor now invited oral comments on: Petition for Vacation of that Portion of South 131st Street Lying Between 90th Avenue' South and 91st Avenue South: (Item "B" above). Roger Lewis, 711-2nd Ave., Attorney for Joe Lissman, petitioner on above, spoke: In s11mmary, he stated that this matter was before Council in 1958. Vacation was tenta- tively approved but thereafter rejected by the City after it had progressed as fax as the Ordinance Committee. Now petitioning the City to reconsider this street vacation request, with reservation to the City of an easement for a sewer line now going thru which is both necessary and proper. It is believed that portions of this street to the East and West have already been vacated. There has not been any noticeable in- crease in traffic which would benefit by the opening of this street. Understands that opposition has been filed by the Assembly of God Church, however church has other access available from the North. In conclusion, Mr. Lewis stated that this street is not part of any future area plans. Requested, however, that Council withhold action awaiting Planning Commission's decision on the above. Councilman Garrett asked City Engineer Wilson for verification of vacations of portions of this street to the East and West, The Engineer emphasized that the City's maps do not indicate such vacation to the West, but that portion between 91st and Rainier is vacated. The Mayor ruled that this Hearing be continued one week. COMMUNICATIONS: A letter from Bob Wray (supporting previously submitted petition with forty- seven signature endorsements) requesting amendment of Ordinance to allow for issuance of more than one pawnbroker's license per 15,000 population, was read. Moved by Delaurenti, seconded by Bruce, to refer this communication to the Ordinance Committee and to the Police and License Committee where matter now rests. Carried. The Renton Downtown Merchants Assn. request for removal of parking meters in Downtown Renton,, proposing a trial period of sixty days effective September 1) 1962 and proposing further that Third Avenue from Burnett to Main Street be placed on a one-hour and the remainder of area on a two-hour police-enforced parking setup, was read. Discussion followed regarding the advisability of removing parking meters with a view that revenue from this source would affect the budget correspondingly. It was deemed advisable;, therefore, to give this matter further, detailed study. Moved by Trimm, seconded by Bruce, to refer the request to the Council As A Whole for consideration. Carried. Street Commissioner Lynch's recommendation to extend the compulsory retirement of Ralph N. Whitehall for one year to September 1, 1963, and the Mayor's concurrence in this recommendation were read. Moved by Bruce, seconded by Custer, to concur with the renommendations of the Street Commissioner and the Mayor, to extend retirement date accordingly, and to refer this to the Ordinance Committee for drafting of Resolution to cover. Carried. Councilman Trimm stated retirement policy for Statewide City Employees provides for retirement at the age of 65 years. It was moved by Trimm that this matter be referred to the Council As A Whole for consideration; there being no seconder, the motion was lost. City Attorney Shellan"s recommendation for payment of Northern.Pacific Railway Company's $222.26 claim for broken storm sewer damage to railroad property not covered by liability insurance because of hold harmless clause, was read.' The Street Commis.' sioner's letter on subject was also read. r3-• June 11, 1962 Honorable Frank Aliment, Mayor Members of the City Council RE: Petition to Vacate Portion of Alley in Block 16 of C.D. Hillman's Earlington Gardens Gentlemen: The Engineering Department recommends against vacating a portion of this alley for the following reason: Under the present plan of the Highway Department, the easterly end of this alley will dead-end into the Valley Freeway; and if the westerly 1/3 of this alley were vacated, this would leave a portion of the alley completely isolated with no means of access. Very truly yours, J k Wilson City Engineer June 7. 1962 Honorable Mayor Frank Aliment .::: and Members of .the. City Council . :Gen t lemen:. - The Planning Commission at i s meeting of May 23, 1962 respectfully requested that. the City Counci l..continue the - . . hearings set for June '1_1'-to June 18 on the fol lowing petitions for street vacations: - (a) Vacation of South 131st Street and 90th Avenue South,;_ (b)_: Portion of alley in C. D. Hillman's Earlington Gardens Division No. I - The: ommission's .desire:`is to further study these eti- P _ tions and the, affect that such vacations may have upon the City's arterials aid streets plan. Your concurrence will be most eippreci ated. „ - Sincerely, = J. David Jensen o Planning Direct r JDJ:mg • • ' : R ESSLD TION NO. / Y ' WHEREAS a petition has bean filed with the City Clerk of the City of-Renton ' on or about April 17, 1962, petitioning for the vacation of portion of .a certain alley as hereinaftet norm particularly.described, and said petition being eigaed• by the . .owners of aaore than , /M . per,Cent of the property abutting upon portion of said alley portion of the - sought to be vacated, said/alley being described as follows, to-wit: , • That portion of the alley adjacent to Lots 18 to 39 incl. of • Block 16 of C. D. Hillman's 8arlington Cardona Addition to S.atti. Division Wo. 1, as' recorded in Volume 17 of Plats on Page 74, records of Ling County, Washington, all situated in Renton, Line.County, Washington NOW THEREFORE EL IT RESOLVED EY THE MAYOR AND.THE CITY. COUNCIL OP THE CITY Oa RENTON ' AS IOLLOWS: . Section.'1; That the llth day of June, 1962 at;the hour of 8:00 o'clock P.M. at the City Council Chambers in the City.Ha11, of, the City of.Renton, Ring County, Washington, be and. it is hereby 'fixed .as the tin. and the place when the aforesaid petition for vacation of .Portion, of aforedescribsd alley,shall ba heard and determined. The City Clark is hereby authorised and directed to.give notice of said tine . and hearing as provided by law; any and, all persons interested therein or objecting. to' acid vacation may then appear and be heard thereon, or they may file their written ' • objections thereto with the City Clerk prior,,to or at the time of the hearing on said • • . vacation. The City of Renton alSo-reiirves the right to retain an easement for utility • • and other public 'purposes, within said portion of alley sought to be vacated. PASSED BY THE CITY COONCIL'this 14th day of Nay, 1962. • • almia+ Nelson, City . Clerk . APPROVED BY THE YOR•.this •14th day of Kay, '1962. • • • • Prank A invent, Mayor APPROVED Ai TO FORM: Gerard M. !Mellen, City Attorney • May 8,. 1962 ' Mies.,Teresa Tone . P. 0. Box 506 Renton,,, Washititoz3. Hem Mrs. Tone1? : You are hereby not i 'W.ed that the Renton city Council has set'the date :of June , 1, 1962, for b13.c heint o the.petition for vacation ®f'.. portion:of the'.16' alley' i i Block 16; C. D. Hil i s Earl r gLon Gaidens Division No. 1. - • Very tru.ly yours,, CITY' GF F NTOff Helriie W. /4e:1 ona • City. Clerk INTER-OFFICE MEMO Date ny # 1962 From: I�c3.:a, ar-,1 :-.-....0 CiJ �,,�^ µ Departmental Account. NA. To:C `�" el3rz= t .�td..�.,., , Expenditure Account No. ESSAGE: . . , Re: St t Vacations: (?ort .oi M of Alloy in Block 16 • an ' portion of South 131stt . to are 'har+d-'ng you herewith log al descriptions furnished by the City EnCinesr to be used in the preparation of the Resolution pertaining to the above captioned fed/phe 1 Enclosure , ' ALLEY... That portion of the alley adjacent to Lots 18 to 39 incl., of Block. 16 of C.D. Hillman's Earlington Gardens Addition to Seattle Division No. 1, as recorded in Volume 17 of Plats on Page 741 records of King County, Washington. SOUTH 131st STREET... That portion of South 131st Street lying between 90th Avenue South and 91st Avenue South, in the Ma of Section 18, Township 23 North Range 5 East W.M. (� t' ill0 May 7, 1962 Honorable Frank Aliment, Mayor Members of the City Council Report of Street and Alley Committee Gentlemen: (1) Petition for Vacation of South 131st Street between 90th Avenue South and 91st Avenue South. The Street and Alley Committee recommends that a v/ hearing be held on this petition. The suggested date of said hearing is June 1962. /1 (2) Petition for Vacation of a Portion of Alley in Block 16 of C.D. Hillman's Earlington Gardens Division No. 1. The Street and Alley Committee recommends that a hearing be held on this petition. The suggested date of said hearing is June ,, 1962. (3) Letter from Leckie's Renton Realty Requesting Two (2) Hour Parking on Morris Street between 3rd Avenue and 4th Avenue. The Street and Alley Committee recommends that Morris Street between 3rd Avenue and 4th Avenue be restricted to two (2) hour parking on both sides of the street between the hours of 8:00 a.m. to 6:00 p.m., except Sunday and holidays. l ry r' Y. • yl (r "mac /"77-l-.. _ -,.... INTEROFFICE MEMO Date May 8, 1962 From: Departmental Account. NA. He],mi.e -City Cleek To: H�.lson, City _ Expenditure Account No. Jam � MESSAGE: . Will you kindly check the legal description on the Petition for the Vacation . of South 131st Street between 90th South and 91st South; also the Alley Vacation, Lots 10 to 29 and 29 to 39 Inclusive, Block 16, C. D. I illm9n's Earlington Gardens Div. No. 1. Kindly furnish this information as soon as possible in order tbat we may trantmit these files to Gerard Shellan for preparation of the Resolutions. Helm3,e ap May 7, 1962 Honorable Frank Aliment, Mayor Members of the City Council RE: Petition to Vacate Portion of Alley in Block 16 of C.D. Hillmans Earlington Gardens Gentlemen: A check of the County records indicates that said petition is signed by 39.6% of the abutting owners of the entire alley in Block 16 of said addition and by 100% of the owners of the westerly 335' of the alley in said Block 16. Very truly yours, ack Wilson City Engineer 1 6--c.‘ _ c,2— 0 7'c-) 7-1i-et_ro -/.769 /or - try P-•9f PETITION fe, - y/2-3/6 -z_, Honorable Frank Aliment, Mayor Members of the City Council Gentlemen: We, the UNDERSIGNED, owners of Lots 18 to 28 and 29 to 39 inclusive, all in Block 16, C. D. HILLMAN"`S EARLINGTON GARDENS DIVISION NO. 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