RES 09-044RESOLUTION NO. 09-44
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION DENYING A PRIMATE FENNEL LICENSE
AT 19425 OG DEN STREET
WHEREAS, Rebecca Krause ( "Applicant ") has applied for a private kennel license to
allow a private kennel with a total of eight dogs, six months or older at 19425 Ogden Street
(the "Property"); and
WHEREAS, the City Council considered the application for a kennel license on
August 17, 2009, at which time the Applicant and all others wishing to speak were given an
opportunity to present testimony to the City Council; and
WHEREAS, the City Council, at the conclusion of its discussion of the Applicant's
request on August 17, 2009, made findings regarding the Application and directed that a
resolution of denial of the application for a kennel license be prepared.
NOW THEREFORE, the City Council of the City of Elk River makes the following
findings of fact and decision with respect to the application of Rebecca Krause for a private
kennel license at 19425 Ogden Street.
FINDINGS OF FACT
(1) The Applicant has been operating a private kennel as defined in city ordinance on the
Property for some time without a license. The City only became aware of this when a
local veterinary clinic reported to the City a concern, based on injuries to a dog they
treated of a possible dog fighting operation on the Property. Although the police
investigation of this report did not uncover a dog fighting operation, it did confirm
the presence of eight dogs on the Property with no private kennel license.
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�2} The Applicant should have known that keeping more than three dogs requires a
private kennel license. The failure to comply l with the city ordinance raises concerns
for the City Council about compliance with city requirements if a private kennel
license is approved and the Applicant is allowed to continue to have as many as eight
dogs on the Property.
(3) One of the dogs on the Property has been declared a potentially dangerous dog
pursuant to city code. The Council does not feel it is appropriate for a potentially
dangerous dog to be boarded in a private kennel with seven other dogs and is
concerned about the ability to control this dog with so many other dogs on the
Property.
(4) The City Council has received testimony from a number of people complaining about
noise from the dogs on the Property.
(5) The Council has received testh n.on and complaints from a number of people who
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fear for their safety given the large number and aggressive nature of the dogs on the
Property.
(6) The Council finds that it is not consistent with the public health, safety and welfare to
approve a private kennel license allowing up to eight dogs on this Property, due to the
presence of a potentially dangerous dog on the Property, the apparent aggressive
nature of the dogs on the Property, and the noise generated by the large number of
dogs on the Property.
(7) The City Council finds that keeping of more than three dogs on the Property
constitutes a nuisance due to the aggressive nature of the dogs, the perceived threat to
public safety and the noise complaints from barking.
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DECISION
The City Council of the City of Elk River hereby denies the Application for a Private
Kennel License at 19425 Ogden Street, based on the findings of fact set forth above, and
directs that the Applicant have 30 days from the date of this decision to come into compliance
with city code by having no more than three dogs, six months of age or older, on the
Property.
THIS RESOLUTION PASSED AND ADOPTED this 8" day of September, 2009.
Tina Allard, City Clerk
Stephanie Minzing, Mayor
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