5.3. SR 09-08-2009~ Itenn ~n~ber
Ci Council 5 d 3
Benda ecti®n eet~n ate re are
Administration Se tember $, 2009 Tina Allard, Ci Clerk
Item escrlti®n ev~ewe
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Resolution Denying a P~.•ivate Fennel License to Rebecca Lori Johnson, Ci Administrato~•
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Council consideration of the attached resolution denying a private kennel license to Rebecca I~t.•ause.
aclcr~un,dC ,,'rscussi~n
At the August ~ 7, 2009 Council meeting, the City Council recommended denial of a rivate l~ennel license
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to Rebecca l~rause at ~ 9425 Ogden Street by a vote of 4-1. The Council recommended denial o~ the
license based on the findings outlined in the attached ~.•esolution,
zf the resolution is approved the applicant will be notified that she has 30 days to limit her do s down to
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three.
enanc~al ~,r~ac~
N/A
ttacn7ents
'~ Resolution Denying a Private i~ennel License
5:~~ldministrarion~Council RCtI~T,icen~ing~Kennel~1{rause Dcnial,doc
RES~LUTI®N N~, D9~
A RES~LUTI~N ~F THE CITY ®F ELK RIVER
A RES~LUTI~N DENYING A PRIVATE KENNEL LICENSE
AT 19425 ~GDEN STREET
WHEREAS, Rebecca pause ~"Applicant"} has applied for• a private kennel license to
allow a private fennel with a total of eight dogs, six months or olde~• at 19425 U den Street
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the "P~ope~ty"~; and
WHEREAS, the City Council considered the application fof a fennel license on
August 17, 2009, at which tame the Applicant and all others wishing to s eak were iven an
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oppo~•tunity to present testimony to the City Council; and
WHEREAS, the City Council, at the conclusion of its discussion of the A licant's
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request on August 17, 2009, ~xaade findings ~.•ega~~ding the Application and directed that a
resolution of denial of the application fog a fennel license be prepaied,
N®W THEREFORE, the City Council of the City of Ells River ~nal~es the followin
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f~.dings of fact and decision with ~•espect to the application of Rebecca Z~.rause fo~• a rivate
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kennel license at 19425 Qgden S~.•eet.
FINDINGS CJF FACT
~1} The Applicant has been operating a private fennel as defined in city oxdin.ance on the
Prope~.•ty for• some tame without a license. The City only became awa~.•e of this when a
local vetexina~.•y clinic ~•epo~.•ted to the City a concern, based on injuries to a do the
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treated of a possible dog fighting operation on the P~ope~.•ty, Although the police
investigation of this repo~•t did not uncover a dog fighting ope~•ation, it did confirm
the pfesence of eight dogs on the Property with no private fennel license.
S,~Resolutinns~1~~~ause Dcnial.DOC
~2~ The Applicant should have l~nown that beeping mope than three dogs ~equ~tes a
p~•ivate fennel license, The failuxe to comply with the city o~.•dinance wises concerns
fog the City Council about compliance with city fequ.iiements if a private fennel
license is approved and the Applicant is allowed to continue to have as many as eight
dogs on the Pfope~ty,
~3~ Qne of the dogs on the P~.•ope~ty has been declared a patent~ally dange~•ous dog
pursuant to city code, The Council does not feel it is app~opxiate for a potentially
dange~•ous dog to be boaided in a private fennel with seven other dogs and is
conce~.•ned about the ability to con~.•ol this dog with so many other dogs on the
Pxope~ty,
~4} The City Council has received testimony from a nuinbe~ of people complainin about
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noise from the dogs on the Pfope~ty.
~5~ The Council has ieceived testimony and co~nplai~.ts from a numbei of people who
fear fog: theif• safety given the la~•ge number and agg~.•essive nature of the dogs on the
P~ope~ty,
~6} The Council finds that it is not consistent with the public health, safety and welfat•e to
app~•ove a private fennel license allowing up to eight dogs on this P~ope~ty, due to the
presence of a potentially dange~•ous dog on the P.~ope~ty, the apparent agg~•essive
nature of the dogs on the P~•ope~ty, and the noise generated by the large number of
dogs on the Ptope~ty,
~7} The City Council Ends that beeping of mope than three dogs on the Piope~ty
constitutes a nuisance due to the agg~•essive natuie of the dogs, the pe~.•ceived threat to
public safety and the noise complaints f~•om barbing,
S;~l~esolutio~.s~Kra~se Dcnial,DQC
DEClSI~N
The City Council of the City of Eik River hereby denies the Application for a Private
I~.ennel License at ~ 9425 Ogden Street, based on the findings of fact set forth above, and
directs that the .Applicant have 3~ days from the date of this decision to come into compliance
with city code by having no snore than three dogs, six months of age or odder, on the
Property,
THIS R~S~LUT~aN PASSED AND ADUPTED this 8t~' day of September, 2009.
Stephanie I~linzing, Mayor
Tina Allard, City Clerl~
S.~1~csolutinns~K~~a~~sc veniaLDOC