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Regular City Council Meeting Monday, June 18, 2007 Page 37 the City Council in a timely manner prior to the July 23, 2007 City Council meeting. Discussion was held between Mayor Klausing and Finance Director Miller as to remaining agenda items and the limited time extension remaining. Mr. Miller ad- vised that there were a minimum of five items needing Council action tonight, to avoid detrimental impacts, and anticipated it would take approximately 40 minutes as projected on the agenda timeline. Mr. Miller advised those items (10.h, i, k, j, q) h. Conditional Use Permit - Consider a Conditional Use Permit for PetSmart at 2480 Fairview Avenue (PF07-026) Mr. Stark advised that, new information had come to staff's attention since the Planning Commission and after preparation of the City Council agenda packet that the applicant's intent was to have up to 103 dog kennels, and 17 cat kennels. Mr. Stark noted that since dog and animal kennels were a prohibited use in a B-2 zoning district, and staff had originally thought the kennels were only a tangential portion of the application, staff could no longer recommend Council approval of that many kennels. Mr. Stark apologized to the City Council for not having sought clarification on that issue prior to recommendation approval of the application. Klausing moved, Roe seconded, further extension of tonight's meeting curfew to 11:00 p.m.; with rule suspended regarding taking on new items after 10:00 p.m. Roll Call Ayes: Kough; Pust; Ihlan; Roe and Klausing. Nays: None. Applicant representative for Rosedale Commons LP, Jeffery Jones of Fabyanske, Westra, Hart & Thompson, P.A. Mr. Jones addressed the unique PetSmart handling of items normally causing prohibition of kenneled animals (i.e., eyesore; odors; pet waste disposal problems) and noted that these issues would not be ap- plicable with PetSmart operations. Mr. Jones reviewed the company's use of sound barriers, proven odor and waste disposal practices and principals, and noted that the kennel would only be a minor part of the PetSmart franchise at this facility, representing only approximately 11% of the tota126,000 sq. ft. use.