The URL can be used to link to this page

Home My WebLink About2007-025 Council ResolutionCouncil Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -25 APPROVING A PRIVATE DOG KENNEL LICENSE FOR MARGO POLTA, 575 ASH STREET WHEREAS, the Lino Lakes City Code, Section 502, regarding Dogs, establishes the process and conditions under which the City Council may issue private and commercial kennel licenses; and WHEREAS, Margo Polta, 575 Ash Street, has applied for a private dog kennel and has paid the required fee; and WHEREAS, the city code requires that a conditional use permit be in place for any property considered for a kennel license, and a conditional use permit for 575 Ash Street was approved by the City Council on September 11, 2007; and WHEREAS, the Lino Lakes Police Department has inspected the site of the proposed kennel, completed a checklist indicating that the premises, the dogs and the applicant are in compliance with city and state requirements for a kennel license; and WHEREAS, the City Council reserves the right to impose reasonable conditions upon the license and if the licensee fails to comply with the conditions or other requirements set forth in the code, the license can be revoked with due process; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the application of Margo Polta for a private kennel license at 575 Ash Street. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of February, 2007 The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM 3A STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: February 12, 2007 TOPIC: Consider Resolution No. 07 -25, Approving Application of Margo Polta for a Private Kennel license, 575 Ash Street VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The Lino Lakes City Code, Section 502 regarding Dogs, sets forth the process and conditions for issuance of dog kennel licenses. There are two types of licenses, private and commercial. A private license is required to keep more than two but not more than four adult dogs for private pets with no sale of animals intended. A commercial license . is required to keep more than two adult dogs for other purposes such as breeding, boarding, grooming or any merchandising. To obtain either a private or commercial kennel license, it is required that the property where the kennel would be located be approved for a conditional use permit. The Planning and Zoning Board holds a public hearing, with notification to area property owners, on the conditional use only. If a conditional use permit is approved, an application for a license can then be submitted. Margo Polta, 575 Ash Street, was granted a conditional use permit by the City on September 11, 2006. Ms. Polta then submitted an application for a private kennel facility on her property. Based on the requirements of the city code, the Police Department conducted an investigation of Ms. Polta's property and completed the attached checklist indicating the applicant's conformance to the licensing requirements. It is the recommendation of the Police Department that Ms. Polta be granted a private kennel license. The code also requires that a public hearing be held by the City Council or Planning and Zoning Board relative to the issuance of a kennel license. The application and background information is on file in the City Clerk's Office for review. OPTIONS: 1. Approve Resolution No. 07 -25, application for a Private Kennel license to Margo Polta. 2. Deny Resolution No. 07 -25 Lino Lakes Police Department Checklist Requirements for Kennel License [A Conditional Use Permit has been issued by Community Development Department. [Every kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. 12'The Kennel application containing the following: C ✓Whether the license is for commercial or private purposes. [ v�The location of the premises of the kennel along with the home and work telephone numbers of the licensee and one other person who _.: .could be contacted in .the .absence .ofthelicensee... _.._ •_.. _._ _.________._.. _______.. `-fit tfl- n�xaaasaa.. -. ES s ..- s --�..a N�.�'? : �.g 7- rw t cause*- --.' The term "Adult ", as used herein, shall include any dog over six months of age. [ ✓A site plan showing the location, size, and type of all structures for housing, fencing, and runs for dogs. Separate housing and runs for dogs shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the -middle of the parcel, which ever is greater. If the dogs are to be kept primarily within a building, the applicant shall so state. • [Whether the applicant anticipates breeding the animals and, if so, how often and the expected size of the litters. 2/The method to be used to keep premises in a sanitary state. E The method to be used to keep the animals quiet. DA(n agreement by the applicant that the premises may be inspected by the City at all reasonable times The premises kept in a sanitary or healthful condition (502.5 subd 2A). Minnesota Statute Chapter 346.39 DOGS AND CATS Subd. 12. Sanitation. Food and water receptacles must be accessible to each animal and located so as to minimize contamination by excreta. Feeding and water receptacles must be kept clean. Disposable food receptacles must be discarded when soiled. Measures must be taken shall be those recommended by the National Research Council. Subd. 2. Water. Dogs and cats must be provided with clean, potable water in sufficient gnantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water source. Subd. 4. Shelter size. A confinement area must provide sufficient space to allow each animal to turn about freely and to easily stand, sit, and lie in a normal position. Each confined animal must be provided a minimum square footage of floor space as measured from the tip of its nose to the base of its tail, plus 25 percent, expressed in square feet. The formula for computing minimum square footage is: (length of animal plus 25 percent) times (length of animal plus 25 percent), divided by 144. A shaded area must be provided sufficient to protect the animal from the direct rays of the sun at all tunes during the months of May to October. [ No person shall beat, torment, tease, or otherwise abuse an. animal, or permit an animal fight. [�! All .dogs. shall always be treated in a humane manner as .set forth in Minnesota-._=... - 5f u E hapters- 543-aftd ir.'— Three or more violations of any provision in the City Code Section 502, in one calendar year constitute reason for revocation of the Conditional Use Permit. Recommendation: APPROVE COMMENTS: E DENY C70 pavoly\ 92-d-1 343.40 DOG HOUSES. Subdivision 1. In general. A person in charge or control of any dog which is kept outdoors or in an unheated enclosure shall provide the dog with shelter and bedding as prescribed in this section as a minimum. Subd. 2. Building specifications. The shelter shall include a moisture proof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It shall be made of durable material with a solid, moisture -proof floor or a floor raised at least two inches from the ground. Between November 1 and March 31 the structure must have a windbreak at the entrance. The structure shall be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. Subd. 3. Shade. Shade from the direct rays of the sun, during the months of May to October shall be provided. Subd 4. Farm dogs. In lieu of the requirements of subdivisions 2 and 3, a dog kept on a _ _ tarmrmay pr cle wirh-a-cces t h tt�rent-cpratrtrotlume- la- srbedd to- pro Subd. 5. Zoning. All shelters required by this section shall be subject to all building or zoning regulations of any city, township, county, or state. Subd. 6. Penalty. Whoever violates the provisions of this section is guilty of a petty misdemeanor. History: 1959 c 571 s 2; 1965 c 764 s 1; 1973 c 123 art 5 s 7; 1981 c 53 s 16; 1998 c 402s2; 2005c10art1 s69