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Home My WebLink About07-19-1993 Cit)'OI' .:;.øT:~Ja.. Auburn ~ ~SlJin~~ CITY OF AUBURN COUNCIL MEETING MINUTES July 19, 1993 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Roegner called the meeting to order at 7:30 p.m. and led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Bob Roegner and Councilmembers Weekley, Wagner, Burns, Borden, Barber, Brothers, and Kurle. Staff members present included Fire Chief Bob Johnson, Personnel Director Pam Sime, Parks and Recreation Director Len Chapman, Personnel Analyst Shelly Werner, Police Chief Jake Evans, Finance Director Pat Dugan, Public Works Director Frank Currie, Planning Director Steve Lancaster, Senior Planner Lynn Rued, City Attorney Stephen Shelton, and City Clerk Robin Wohlhueter. C. Announcements and ADDointments 1. Announcements - None. 2. ADDointments - None. D. Agenda Modifications Mayor Roegner stated copies of a letter left on the Council table this evening from Michael R. Kohr were provided to each Council Member and staff. Mr. Kohr's letter is in regard to Appeal File No. MIS0008-93 which is scheduled for a public hearing later in the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. ADDeal File No. MIS0008-93 A3.23.1 MIS0008-93 This is an appeal filed by Gary A. Fujioka on June 28, 1993 of the Hearing Examiner's Decision to affirm the Planning Director's decision that retail sales of pet supplies is not a permitted use within the M-l, Light Industrial zone with regard to Appeal Application No. MIS0008-93. Steve Lancaster briefed the Council of the record of the appeal filed by Mr. Fujioka of the Planning Director's determination that retail sales of pet supplies is not a permitted use allowed in the M -1 zone district according to the provisions Auburn City Code. He said a determination was made on March 9, AUBURN CITY COUNCIL MINUTES Page No.2 July 19, 1993 1993 which was subsequently appealed by Gary Fujioka, owner of the Pet Club located at 3702 West Valley Highway. He said the appeal alleges errors of fact, omissions from the record and errors in the interpretation of the applicable ordinance. Mr. Lancaster noted that Mr. Fujioka has not submitted any further or new information which supports the appeal. Garv Fujioka - 3702 West Valley Highway, Auburn WA Gary Fujioka is the owner of the Pet Club. He noted a business registration application was approved and a certificate of occupancy was issued for the sale of farm and garden and similar related products. Mr. Fujioka stated that the phrase "similar related products" applies to his business as it falls within the retail trade category of farm and garden. Mr. Fujioka compared other Auburn businesses which illustrate that retail sales of pet supplies is consistent with the definition of farm and garden stores. Mr. Fujioka stated he believes the administrative use permit is compatible with existing zoning as it meets development standards and supplemental development standards, and it is consistent with the Comprehensive Plan. He said there are no concerns related to his business with regard to the environment or parking. Mr. Fujioka requested Council consider a reasonable interpretation of the ordinance. With regard to traffic, Mr. Fujioka stated the traffic from the West Valley Highway does not adversely impact the M-l zone in that the Pet Club business faces the West Valley Highway, and most of the traffic impacts penetrate to 37th Street N.W.. Mr. Fujioka pointed out that selling retail pet supplies is a permitted use within a C-3 zone which, he noted, is located approximately 20 feet across the street from the Pet Club. Mr. Fujioka concluded his remarks by requesting guidance from the Council to explore alternatives such as a rezone of the property to assist his business in remaining at this location without disrupting his customer base and employees. John W. Brekke Mr. Brakke owns the property where the Pet Club is located. Mr. Brakke stated that even though he does not always agree with Mr. Fujioka's approach with regard to this issue, he said Mr. Fujioka is contesting denial of the Administrative Use Permit because his business will not survive a move to another location. Mr. Brakken said the zoning across the street is C-3 allows for retail activity, and he requested Council consider an Administrative Use Permit because the retail use of the property lends itself to high traffic on the West Valley Highway to 37th Street N.W. as it has good exposure for retail activity. He said he has had many requests for retail on the proposed property site. Mr. Brakken asked the Council to consider approval of the Administrative Use Permit. Motion by Councilmember Burns to close the public hearing. Second by Councilmember Barber. MOTION CARRIED UNANIMOUSLY. Mr. Lancaster responded to the issues raised by Mr. Fujioka and Mr. Brakke during the public hearing. Mr. Lancaster pointed out the business registration and certificate of occupancy were issued according to the business registration application filed by Mr. Fujioka. He said the description of business activity on AUBURN CITY COUNCIL MINUTES Page No. 3 July 19, 1993 the business registration application clearly described the business activity to be a wholesale business which is an allowable use within the M-l zone. He said records indicate that since 1991 the Pet Club has sold pet supplies as a retail activity which is inconsistent with the provisions of the Auburn Zoning Code. Referring to Mr. Fujioka's reference to other Auburn businesses retailing similar products, Mr. Lancaster pointed out that other farm and garden supply retail stores are located within a C-3 zone, and this is an allowable use within that zone. He said this same connection cannot be made on Mr. Fujioka's business property because it is zoned M-l. Mr. Lancaster concluded his remarks by stating that the zoning code is very specific with regard to allowable permitted uses, and that Mr. Fujioka has not met the use restrictions established for the M- 1 zone wherein the Pet Club is located in. He said the zoning map is clear that this property is not C-3 but M-l, which does not allow retail of pet supplies. With regard to a potential rezone of the property, Mr. Lancaster stated discussions have occurred with the property owner, Mr. Brakke, but an application has not been filed. Questions from Members of the Council centered around the interpretations of the zoning code as it relates to the initial and current retail activity of the Pet Club; current zoning of other businesses that sell farm and garden supplies in the city; uses allowed in the M-l zone; alternatives for Mr. Fujioka in keeping the Pet Club open; and the fine levied by the Hearing Examiner. Mr. Fujioka admitted that his initial business plan called for wholesale activity to breeders and kennels, as a club membership. He said after opening, insufficient business volumes forced him to sell to retail customers. Mr. Fujioka stated that currently over 90% of his business activity is retail. Mr. Lancaster stated this type of activity is not considered wholesale activity and the retail activity use is in violation of the M -1 zone. Mr. Shelton addressed the concern raised with regard to enforcement of the $1700 fine levied by the Hearing Examiner. He said the City administration could exercise discretion in taking further enforcement action pending receipt of a rezone application. With regard to options for Mr. Fujioka, discussion centered around potential rezone of the property and what the impacts would be on existing businesses surrounding the Pet Club. Mr. Brakken voiced that he is willing to explore a rezone of the property in order to assist Mr. Fujioka in keeping the Pet Club in operation at its current location. Motion by Councilmember Burns, second by Councilmember Borden to affirm the decision of the Hearing Examiner to deny the appeal, and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience ParticiDation There were no requests for recognition. AUBURN CITY COUNCIL MINUTES Page No. 4 July 19, 1993 C. CorresDondence 1. A letter filed by Michael R. Kohr on July 19, 1993 with regard to Appeal File No. MIS0008-93. III. COUNCIL COMMITTEE REPORTS A. MuniciDal Services A3.6.4.4 Chairman Brothers reported the Municipal Services Committee has not met since the last Council meeting. The next meeting of the Municipal Services Committee will be Monday, August 2, 1993 at 4:30 p.m. B. Planning & Community DevelODment A3.6.4.4 Chairman Burns reported the Planning and Community Development Committee has not met since the last Council meeting. The next of the Planning & Community Development Committee will be Monday, July 26, 1993 at 5:30 p.m. C. Public Works A3.6.4.4 Chairman Wagner reported the Public Works Committee met this evening at 5:30 p.m. to discuss the Six Year Street Plan which will be before the Council on August 2, 1993. The next meeting of the Public Works Committee will be Monday, August 2, 1993 at 5:30 p.m. D. Finance A.3.6.4.4 Chair Barber reported the Finance Committee met at 7:00 p.m. prior to the Council meeting this evening to discuss claims & payroll vouchers. The next meeting of the Finance Committee will be Monday, August 2, 1993 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the July 6, 1993 regular Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 84682 through 84969 in the amount of $1,665,555.26 and dated July 19, 1993. 2. Payroll numbers through 193386 through 193972 in the amount of $833,125.84 covering the period 07/01/93 to 07/13/93 dated this 19th day of July, 1993. Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A.l through IV.B. MOTION CARRIED UNANIMOUSLY. 7-0. AUBURN CITY COUNCIL MINUTES Page No. 6 July 19, 1993 Motion by Council member Wagner, second by Councilmember Weekley to introduce and adopt Resolution No. 2429. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A3.9.5 Mayor Roegner announced there would be a brief Executive Session to discuss labor negotiations for approximately ten minutes. He anticipated Council action as a result of the Executive Session, and recommended the meeting recess at 8:14 p.m. A. Executive Session - Labor Negotiations. The meeting reconvened at 8: 17 p.m. Motion by Councilmember Barber, second by Councilmember Brothers to authorize the Mayor and City Clerk to sign the contract with Teamster's Local #117 - Outside Workers Unit. MOTION CARRIED UNANIMOUSLY. 7-0. IX. ADJOURNMENT There being no further business to come before the Auburn City Council, the meeting adjourned at 8: 19 p.m. ),/ // ,. .?It.:) '- I' J""/) />';;'~'~'-,«'''T~'''-''''; Bob Roegner, Mayor (,I !?#fÚ,j /J)I/C¿i'ü¿ 00 Robin Wohlhueter, City Clerk 93M7-l9