HomeMy Public PortalAbout2012-15 Resolution Approving a Waiver from Regs Related to Keeping Animals as PetsMember Martinson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2012-15
RESOLUTION APPROVING A WAIVER FROM REGULATIONS
RELATED TO THE KEEPING OF ANIMALS AS PETS AND
GRANTING A PRIVATE KENNEL LICENSE TO
DARLENE STEINMETZ AT 1270 OAKVIEW ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Darlene Steinmetz (the "Applicant") owns certain property located at 1270
Oakview Road (the "Property") in the City; and
WHEREAS, the Applicant was granted a Private Kennel License on July 26, 2004,
subject to certain terms and conditions, including that no more than five dogs be kept on the
Property; and
WHEREAS, the Applicant currently keeps nine dogs on the Property; and
WHEREAS, the Applicant has requested a private kennel license to keep twenty five cats
on the Property, and waiver from the limitations on the number of dogs allowed in order to keep
nine dogs on the Property; and
WHEREAS, the Applicant's Property is approximately 2.09 acres in area and City
regulations limit the keeping of dogs on property under eight acres to a maximum of four dogs
through a private kennel license; and
WHEREAS, the City Council is authorized to grant a waiver from the limitation of keeping
no more than four dogs on the Property upon a showing by the Applicant of good cause; and
WHEREAS, on January 17, 2012, following notice required by City regulations, the City
Council reviewed the requested private kennel license and heard from the Applicant and other
interested parties; and
WHEREAS, the City Council has determined that limiting the number of dogs on the
Property to fewer than nine is necessary to protect the health, safety and welfare of the public
and the animals; and
WHEREAS, the City Council has determined that the Applicant have shown good cause
to allow up to five dogs to be kept on the Property and that strict adherence to the limitation of
Resolution No. 2012-15
March 6, 2012
four dogs on the Property is not necessary to protect the health, safety, or welfare of the public or
of the animals because of the following factors:
1. On July 26, 2004, the City had previously granted a Private Kennel License for the
keeping of five dogs.
2. The keeping of five dogs on the Property has not previously been determined to be a
public nuisance or a threat to the health, safety, or welfare of the public or of the
animals; and
WHEREAS, on February 21, 2012, the City Council passed Ordinance No. 520
amending Section 343.05 Limitations on the Keeping of Animals as Pets that repeals the limit on
the number of cats allowed on a property unless they are determined to be a public nuisance or a
threat to the health, safety, or welfare of the public or of the animals.
NOW, THEREFORE BE IT RESOLVED, by the city council of the City of Medina,
Minnesota that a waiver from the limitation on the number of dogs allowed on the Property is
hereby approved and a private kennel license is hereby granted subject to the following terms
and conditions:
1) The number of dogs on the Property shall not exceed five.
2) The Applicant shall have two years from the passage of this resolution to comply with
reducing the number of dogs on the Property from nine to five.
3) The Property shall be kept in sanitary conditions and the Applicant shall pick up all
animal waste at least one time per week.
4) The dogs shall be kept as pets and no selling of puppies or other commercial activities
related to the dogs shall occur.
5) The Applicant shall ensure that sustained barking does not occur which the Police
determine may impact neighboring properties.
6) Dogs shall not be allowed outside between the hours of 9 p.m. and 7 a.m. unless
accompanied by a person.
7) The Applicant shall ensure that dogs are not allowed to run at -large.
8) The Applicant consents to the City inspecting the Property to review compliance with
these conditions and other relevant regulations related to the keeping of animals.
9) This license shall be valid only for the Applicant named and only on the Property identified.
At such time that the Applicant no longer resides at the Property, the license shall become
null and void.
10) This license may be revoked if the City Council determines that the Applicant is in
violation of any of the aforementioned conditions or otherwise determines that the
continued operation of the private kennel constitutes a public nuisance or that keeping of
five dogs is no longer consistent with the protection of the health, safety and welfare of
the public or of the animals..
Resolution No. 2012-15 2
March 6, 2012
NOW, THEREFORE BE IT HEREBY FURTHER RESOLVED, that the Private Kennel
License dated July 26, 2004 is revoked.
Dated: March 6, 2012.
By:
ATTEST:
By:
Scott T. John n, City Administrator -Clerk
Eli :.eth Weir, Acting Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Pederson
and upon vote being taken thereon, the following voted in favor thereof:
Martinson, Pederson, Siitari, Weir
And the following voted against same: (Absent: Crosby)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2012-15 3
March 6, 2012