Regular Meeting of the Maple Plain City Council

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					                 Regular Meeting of the Maple Plain Planning Commission
                                      Meeting Notes
                                    December 6, 2007
                                  Maple Plain City Hall
                                         7:00 PM


       Chairman Nowak called the meeting to order at 7:00 p.m.

       Present: Planning Commission Chair Brian Nowak; Commissioners Barb Rose, Dennis
       Sullivan, Dave Grandstrand, Leif Pederson, and Michele Bliss; Council liaison Roger
       Hackbarth; City Administrator Jason Ziemer; and City Planner Rose Lorsung.


       Sullivan moved to adopt the Agenda; Pederson seconded. Motion passed 6-0.


       Sullivan moved to approve the minutes from the November 1, 2007 Planning
       Commission meeting; B. Rose seconded. Motion passed 6-0.

       A. Abbie Lake Kennels

       City Administrator Ziemer indicated that this was not a public hearing as the agenda item
       was a continuation of the November 1, 2007 Planning Commission meeting. Chair
       Nowak indicated that he would allow public comment.

       City Planner Lorsung indicated that she and City Administrator Ziemer spent time
       researching and visiting other kennels to better understand boarding operations. Lorsung
       indicated that Camp Bow Wow in Plymouth closely resembles the Maple Plain proposal
       and request for conditional use permit (CUP). Ziemer stated CUPs in other communities
       generally limited the number of dogs to 1 dog per 100 square feet. Ziemer said that any
       conditions considered by the Planning Commission could not cause undue hardships on
       the applicant. Lorsung stated that the conditions were merely recommendations for
       Council consideration.

       Council liaison Hackbarth stated the new information addressed a number of issues and
       that the applicants indicated they would address the noise and other concerns. The
       applicants indicated they were still working on the ventilation system.

       Regarding the hours of operation Lorsung indicated that the applicants would appreciate
       an earlier opening from the 6:30 a.m. discussed at the previous meeting. They indicated

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that a survey of customers indicated an earlier opening would be appreciated. Lorsung
stated the opening of a business could not be regulated; however, the City could regulate
when animals would be allowed outside, which was currently proposed for 7:30 a.m.

Regarding the number of dogs, Bliss stated that the applicant should have no more than
120 dogs on site at any one time. The applicant said that numbers fluctuate greatly, but
that most of their busiest times would be directed to the day care operation and holidays
and long weekends. Lorsung indicated that CUPs can be amended by the City or another
application request, but they cannot have sunset clauses. The Commission agreed that
100 dogs would be the maximum allowed under the CUP.

Lorsung stated that the applicant was working to mitigate noise issues and would be
required to provide to the City an emergency plan.

Chair Nowak asked how the CUP would be enforced. City Administrator Ziemer stated it
would be reviewed annually. Complaints would be dealt with on an individual basis by
notifying the applicant if problems were surfacing. He said that it depended on the types
of issues of who else would be involved, such as the police.

Grandstrand stated that he shared many of the same concerns as other commission
members, but that the business was largely self-regulated. He said the applicant was
taking all of the risk with the significant investment required for the building, and that the
applicants would not be serious about coming before the City if they did not think it could
work. And that City staff need flexibility to make appropriate judgments.

Nowak suggested an amendment to the noise condition that reads "an excessive number
of noise complaints shall result in a zoning citation for nuisance complaints as a result of
operations." Lorsung said the City has a noise ordinance and thus has a right to deal with
noise issues as they arise.

Grandstrand moved to recommend the project for approval to the City Council with
the amended conditions as listed; Sullivan seconded. Motion passed 6-0.

Conditions as identified by the Planning Commission:
  1. There shall be no more than an average of 80 dogs over a five week timeframe
      with no greater than 100 dogs at any one time.
  2. There shall be no more than 30 cats at any one time.
  3. The Hours of operation shall be 6:30 am to 8:00pm weekdays, 8:00am to 5:00pm
      Sat., and 11:00am to 5:00pm Sun.
  4. There shall be no animals in the outdoor exercise area from 7:30pm to 7:30am on
      weekdays and from 8:00pm to 8:00am on weekends.
  5. The applicant shall provide documentation of all required licenses for operation.
  6. Health and safety standards must conform to the statutes and regulations of any
      State or County agency having jurisdiction over such matters as fire control,
      cleanliness, temperature control, waste disposal, diet and animal treatment.

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          7. Waste shall not be permitted to accumulate so as to create any odor detectable by
              adjoining property owners and shall be kept in lined bags and removed two times
              per week or as appropriate.
          8. Outside exercise areas must be completely screened by an attractive solid fence
              at least eight feet in height which is not penetrable by any dog.
          9. The applicant shall provide two outdoor exercise areas for dogs to the north of the
              building, each measuring at least 1,200 square feet in size and fenced.
          10. The operation shall not generate an excessive amount of noise that results in a
              number of complaints that require the issuance of a citation.
          11. The applicant shall stripe at least 24 (9x20) parking stalls at the front entrance of
              the building.
          12. The applicant shall install a security light at the rear of the building that meets all
              code requirements.
          13. The applicant shall apply for a sign permit before erecting any building-mounted or
              permanent signs.
          14. The applicant shall meet all Police, Fire and Public Works requirements including
              the submission and approval of an emergency plan.
          15. This Conditional Use Permit shall be reviewed on a bi-annual basis for compliance
              or sooner if any issues arise.

       Lorsung indicated that the Commission also needed to approve the proposed site plan.
       Nowak stated that the size of the two back play pens should be limited to 1,250 square
       feet each and that a security light be installed and facing toward the building. Lorsung
       also said that the applicants were showing 24 striped parking stalls even though only 18
       were called for.

       Sullivan moved to recommend the site plan for approval to the City Council; Bliss
       seconded. Motion passed 6-0.

       Councilmember Hackbarth asked that the City Council schedule a special meeting to
       review the application and Commission recommendation.






       City Administrator Ziemer stated that he was working on a Planning 101 workshop, and
       that the Commission should consider a visit to other City Planning Commission meetings.
       Nowak asked that the workshop include a discussion on the 60 day rule and the City’s

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        City Planner Lorsung offered her apologies for her reactions at the November 1, 2007
        Commission meeting.


        Pederson moved to adjourn; Grandstrand seconded. Motion passed 6-0. Meeting
        adjourned at 9:13 p.m.

        Prepared by

        Jason Ziemer, City Administrator

                                                                         PC Minutes 12-06-07 4