8. Kennel Permit , 1630 Lake Lucy Road CITY OF
C ANHASSEN
*s 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
` (612) 937-1900
IMEMORANDUM �TK
TO: Don Ashworth, City Manager
FROM: Jim Chaffee, Public Safety Director C., . - ---
DATE: April 19 , 1989 �--- - �
SUBJ: Kennel Permit Request, Windwalker Kennels, 1630 Lake Lucy
Road
Please find attached a memo from Scott Harr to me statin g that
t
' based on the information we have to date, we can find no reason
not to suggest re-issuing the kennel permit to Windwalker Kennels
at 1630 Lake Lucy Road. You may recall a recent letter from Mr.
Al Krueger indicating that he does not want the kennel permit
' issued to Phil Mathiowetz and Windwalker Kennels . Mr. Krueger is
a neighbor of the Mathiowetz ' s and it would appear his arguments
are similar to the arguments that he °resented last year at about
this same time. ry
As stated in Scott' s memorandum, we have been unable to substantiate
any of the complaints received from Mr. Krueger. However, in
' December, 1987 , Deputy Dave Selinski responded to a complaint at
Mr. Krueger' s residence and did verify and confirm the loud
barking by the Mathiowetz dogs . That was approximately 12 years
' ago and at this time we have not been able to confirm a problem
with the Windwalker Kennels and barking dogs.
' I have written a letter to Mr. Krueger indicating that we are
recommending to the Council issuance of the kennel permit with
the remedies to Mr. Krueger being the same as they always have
been, and that is to contact the Sheriff' s Department when a
' violation is occurring. At that time, a deputy will respond
and either confirm or refute the complaint. If the complaint is
confirmed, the deputy is to issue a citation to Windwalker
' Kennels . This would appear to be a reasonable solution to a
potential problem.
1
,'
C 1 TY OF
.,, ,
1
f
Y 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
±_ (612) 937-1900
z
I
MEMORANDUM
TO: Jim Chaffee, Public Safety Director
I
FROM: Scott Harr, Asst. Public Safety Director „jt'
DATE: April 14 , 1989 I
SUBJ: Complaint From Mr. Al Krueger, 1600 Lake Lucy Road
I
This memo is to advise you that I am in receipt of the April
3 , 1989 letter from Mr. Krueger to you regarding Windwalker
Kennels . Please be advised that we have followed up on past '
complaints from Mr. Krueger, and have been unable to substantiate
his arguments for not issuing this kennel permit. In fact, Ani-
mal Control Officer Bob Zydowsky recently conducted a kennel
I
inspection, finding it acceptable.
I have called Mr . Krueger ' s attorney on at least four occasions , II without receiving return calls , and getting a comment from the
attorney once that he did not have time to talk to me. I also
talked to Mr. Krueger when he was in City Hall once attempting
to explain my position, resulting in his walking out on me.
I
I have no reason to not reissue this kennel permit, based on
having done everything we can do to help Mr . Krueger. t
Should you have any questions, please see me.
CC: Don Chmiel , Mayor
I
Don Ashworth, City Manager
Ursula Dimler, City Councilperson
I
I
II
I
II
MI
' Al Krueger
1600 Lake Lucy Road
Excelsior, Minnesota 55331
' April 3, 1989
Jim Chaffee, Public Safety Director
' 690 Coulter Drive
Post Office Box # 147
Chanhassen, Minnesota 55317
' Re: Windwalker Kennels, Mr. Phil Mathiowitz
' Dear Jim
Iam writing in response to my objections with the problem of
Mr Mathiowitz's dogs and the renewal of his kennel license.
' It's an on going problem for me and my family. There have
been numerous complaints through your office and through the
' sheriff's office.
As a family residing in the City of Chanhassen, I should not
be subjected to a commercial kennel next to my home. In
' all cases when the barking finally wears us down, I call
Phil or his wife and of course they tend to the problem. If
they are not home, I call the sheriff, and then they can't
' do anything either. The issue of kennels and permits in
your city needs to addressed, and changed. When you as the
city issue a permit you should at least require a 24 hour
' number. And at least have enough courtesy to contact the
people who are directly affected. It should also require
more than just publication in the local paper. of the
application.
We hear barking at all hours of the day and night. They
bark early in the morning. They are hungry. We hear dog
' dishes clanging as they are pushed around the kennel. Our
kids play the piano to barking dogs.
Another issue is the of new dogs each year. You finally get
' used to one set of dogs, then new ones are added. Then we
have to adjust to the new dogs and training habits.
' I owned my home for 10 years. Long before I was subjected
to these dogs. issue this license as
requested. I expressed my complaints last year you seemed
to take favor with the kennel.
I have retained an attorney on this matter. He has advised
me that all communication on this matter should go through
him. If this matter is not settled now, and in a manner to
our liking, we will file suit declaring the kennel a public
and private nuisance. The city has an obligation to act in
this matter, if they don't act prudently, their involvement
in any suit will be determined then. You have forced me to
live with this problem too long.
Please address all correspondence on this matter with:
Gary Gandrud '
Faegre Benson
8400 Normandale Lake Blvd.
Suite 1150
Bloomington, MN 55437
921 2209
This letter has not been mailed. It was hand delivered
through transmittal procedures.
Sincerely
Al Krueger
///71-'
Copies '
File
Scott Harr, Assistant Public Safety Director ,
Don Chmiel, Mayor, City council member
Don Ashworth, City manager
Ursla Dimler, City Council member
vCity Council Meeting - August 22, 1988 \vim ,
o
r
II Mayor Hamilton: So we need to table this until, oh and the sign also should be
a part of that.
\
I Bernie: I have not been following this but I am wondering why the restriction tr
is placed on a businessman to have restricted hours when the competition
certainly dictates that putt-putt courses, their best hours are from 8:00 to
10:00 at night. I'm wondering why his position is so unique that we should have
II to restrict him from sunrise to sunset?
Mayor Hamilton: When we first looked at this Bernie, John had a hand drawn plan
Ithat he brought in here and the neighbors objected to it. We tried to work with
John all the way through this process and it's been kind of one frustration
after another and just as it occurs now he's got lights out there that were not
II approved and he goes ahead and puts them up there without getting permission
from the City. If he wants to have lights out there, he should come in here
with a plan like anybody else that's going to try to do something. To just go
ahead and do it, like Bill says, that's not the right way to do it. This was
I several years ago when the first plan came along and we said we weren't going to
allow him to have the high pole standards and at that time was when we said
sunrise to sunset would be his operation. So I think since that time John has
I talked with the neighbors and they have seen that it's not going to be the
nuisance that they thought it was going to be but he's got to come back to us
with an amended plan to try and change it.
IIJohn Pryzmus: .. .I have worked with the neighbors...
II Councilman Johnson: When you started talking about your water system, I hope
you realize that when you start serving that water to people, either in that
machine or in that water fountain, you have created a public water supply by
State Law and you have to do certain water quality tests on that on a routine
I basis. You'll need to coordinate that with the County Health Department. You'll
need to do that and file your reports of this. At one of my rural plants I work
with, they have one coffee machine that is hooked up to water, otherwise they
have bottled water everyplace. We got stuck because you have more than 25
I employees there, as a public water supply system. So you're in the same boat
there so watch out for that one.
IMayor Hamilton: He hasn't hooked it up yet.
Councilman Johnson: It's a fairly simple test and I think they're probably
II going to be annual tests, I'm not sure. Our test requires to be once a year
testing for bacteria and that kind of stuff.
IMayor Hamilton moved, Councilman Caving seconded to table review of the Pyyzmus
Driving Range and Miniature Golf Course until a plan is brought back with
IIadditional information. All voted in favor and the motion carried.
REQUEST FOR KENNEL PERMIT, 1630 LAKE LUCY ROAD, PHIL MATHIOWETZ.
IJim Chaffee: Mr. Mathi.owetz is here who is the applicant for the kennel permit.
He is here because we've had complaints from a neighbor, Mr. Krueger, which I'm ,
IIsure Council is well aware of since he was sending all the information on the
64
I
E.
City Council Meeting - August 22, 1983
problems that were occurring there. As my cover memo states, it's been
approximately 5 months since we heard from Mr. Krueger and at that time, 5
months ago, Mr. Krueger did state that we would be hearing each and every time a
problem occurred. I would like to point out that as Public Safety was made
aware of these problems, we worked with Mr. Krueger as best as we could and we
advised the County Deputies that when they responded to one of Mr. Krueger's
complaints, that they were supposed to take action. Those remedies still exist.
We are not sure that there is a problem. Therefore, we are recommending that
the kennel permit be approved with the understanding that the remedies available
to Mr. Krueger are still applicable at any time after the kennel permit is
approved, if the Council should approve it.
Councilman Horn: Have you talked to the deputies?
Jim Chaffee: Yes.
Councilman Horn: Because we were told by Mr. Krueger that the deputies were
actually out there and heard the dogs barking and told him that that wasn't a
problem.
Jim Chaffee: Right, that occurred one time. Deputy Swenson went out there, '
verified that the dogs were barking. He did write a complaint to pass onto
Steve Madden. From that point no action was taken for various reasons. As a
result of that, we advised the deputies that if they should respond again, they
can take action. They don't have to write a report and pass it onto us. They
can write a citation.
Councilman Horn: So there haven' t been any further reports by the deputies of
further incidents like this since that time?
Jim Chaffee: No, there haven' t. '
Mayor Hamilton: Mr. Mathiowetz have any coments?
Phil Mathiowetz: No, not really. I guess we work as hard as we could to do
anything that anybody asked us to do. Currently all dogs are taken in to an
inside insulated garage at night and put in a kennel there. The CSO was out and
inspected the facility and I think she has issued a memo also. I guess I would
just ask for approval.
Councilman Geving: How many dogs do you have? ,
Phil Mathiowetz: Right now?
Councilman Geving: Yes, what's the maximum number of dogs that you can have?
Phil Mathiowetz: The most I can handle would be 5 and I have 4 at the time.
Some of them are gone at various times. Off and on they may be in Iowa for
professional training. They spend part of the time they're home.
1 Councilman Geving: Are these show dogs? '
Phil Mathiowetz: Show dogs and field dogs.
65 '
City Council Meeting - August 22, J'
II V
i
IIMayor Hamilton: What kind of dogs are they?
Phil Mathiowetz: German Shorthair dogs.
IICouncilman Boyt: So far I gather from what we're read, that you taken same
action to reduce the impact to the dogs. I saw some things about hscreening tan
II so they couldn't see the road for instance or the front of the house. Is that
right?
Phil Mathiowetz: We built a privacy fence along the whole side.. . They can't
I see up onto the road. For all intensive purposes,
dogs can't see out and that pretty well eliminated an
y p problems can t see in opl the
walking by. We require, as people walk b k somf with people
concerns may be a bit over stated. Y"' I think some of Mr. Krueger's
I I'm always open to suggestions if anyone ehas nan more. I'll that I think we can.
anyone has any concerns. I'll try anything if
ICouncilman Boyt: One point that Mr. Krueger made was that the dogs seen to be
in control when you were home and when no one was home, there seemed to be more
of a problem. How are you controlling the dogs when you're not at home?
IIPhil Mathiowetz: I guess I have a fairly large disagreement wi over that part because I don't hear them when I am home, atleast on the
weekends or during the week when someone is home. We've had
I take care of our house when we're gone, and they haven't had people nnr stay and
did have a problem with one dog g � � any problems. tige
electronic schock collar, so Ighad her surgically debarked nand�that didn't lwor
' all that well so I just sold her. I just got rid of her. I bought a young d work
f___
now that has a bark collar on it and that controls him.
g og
II Councilman Boyt: I have a couple of comments,
these I've already mentioned to Mr. Chaffee just in general. I think my
of
biggest concern is that this was supposed tosbeIreviewedoinvApril eanduiti'1s
II August. Next year if there's a complaint between now and next April, I want to
be sure that this is reviewed in April not August as our ordinance requires. I
think that from what I've heard, efforts are bein g made.
Mt. Krueger's commitments to do things, he hasn't followed Fupmonhthat.reI have
ve
I some sympathy with him. I think that we can all understand how a barking dog
can wake one up and you choose not to call to complain. You just hope the dog
stops and 5 minutes later it stops and you go back to sleep.
I problem, even if you don't call and complain. taken reasonable
a
action to stop your dogs from being a P � I think you've taken reasonable
long as you continue g problem to your neighbors. I think as
to take reasonable action, you'll probably be able to have
a private kennel there. I think it's the City's responsibility to be very
I responsive to people who are seeking quiet. I think the City has taken every
effort to do that and I would expect they'll continue to take every effort.
IIPhil Mathiowetz: Can I respond? As far as making the application in April, we
contacted the City and they said that they were reviewing the application form
and they would send it out when they got it ready. It took some time and
Ialthough I guess I didn't send it back any faster, I will take part of the blame
for that but I think the City has got a take a little bit of the rap.
P
II
C
6 '
ouncilman Boyt: I agree with you.
66
1
m
2i.tr Council ncet7.ng - August 22, 1988 I
1 Phil Mathiowetz: I'll apply in April again.
I/
Councilman Boyt: I'm not holding you at all responsible for that. I think 1
that's the City's responsibility and we didn't follow through on it and I think
you should be approved for a permit between now and next April.
I
Councilman Geving moved, Councilman Johnson seconded to approve the request for
Kennel Permit for Phil Mathiowetz at 1630 Lake Lucy Road up to April, 1989. All
voted in favor and the motion carried. II
DISCUSSION OF DECK REQUIREMENTS FOR CHAPARRAL QUAD-UNITS. 1
Mayor Hamilton: Jo Ann, we had asked you to bring this back to us with some, in
fact I think we made a motion dealing with some of the things that I thought you
had put in your recommendation like still charging $75.00. I think we had said I
two weeks ago that we didn't want people to be charged for that, as I recall.
Since no one else had been charged, we said no one will be charged from hereon.
I must have misread it. The size of the deck was my only other concern. It
II
seems like we should say the size of deck, if you're going to put one on there
is going to be so big and not give them a choice. It's got to be the full width
of the unit, however far out they've been making them so it's about the same as
I
the rest of them. But you know there are some tnat are like a half a deck. I
think it looks like heck. We shouldn't allow those to be built. They snould
3 make it the full width. They look nice. They do a nice job on those.
IICouncilman Geving: I think Tom the real issue is that the deck shouldn't extend
more than 10 feet into the variance area, the si.deyard or frontyard or whatever
the variance position is so that it doesn't exceed more than 10 feet. We don't
II
care about the size of the deck.
Mayor Hamilton: I do.
Councilman Geving: The Cimarron Homeowners Associations can t I
anyway. rol that
Mayor Hamilton: But if we tell them that we want to see just full width decks, II
it looks much better.
Councilman Geving: I hope that they do put a full width but I'm only concerned, 1
personally from a variance standpoint, not exceeding 10 feet into the variance
area.
Mayor Hamilton: That's fine. For aesthetic reasons, if we made it he full I
width, that would be much better for the whole neighborhood is what I'm saving.
Did you have anything you wanted to add?
I
Jo Ann Olsen: We came up with general guidelines on what we wanted. Are you
saying that you still want each one to come in separately? Then you're also
saying that any deck that does come in would have to be 10 x 20. II
II
67
II
ma
I 6:6/ 1 O'�'� PERMIT NO.
CITY OF CIIANHASSEN a$ Av 111)0V6 y 7610 LAREDO DRIVE 2�2G
•11 . CHANHASSEN, MINNESOTA 55317 ��i k�
APPLICATION FOR KENNEL PERMIT FOR THE KEEPING OF MORE
THAN TWO (2) ANIMALS (DOGS & CATS) OVER SIX (6) MONTHS
I OF AGE.
DATE J a n e /S` /488
APPLICANT AND
I OWNER Z/' 0 �/
R P � gTh�aw2�
ADDRESS /(oO J4 Ke L.cy aG KCe/Sio, , /V)Al 5533/
II W'7ILL� -THE ANIMALS BE KEPT AT
TELEPHONE NUMBER 4/74/-4/37.7 SAME ADDRESS AS ABOVE? YES (X) NO ( )
IIF NOT, STATE LOCATION
NUMBER OF DOGS OR CATS NOW,//OWNED:
INO. S BREED 4efine n V 0,-1- 1,:r i r. N. ,2 _ F. .3 SPAYED/NEU'I pEr ALe•---
• NO. BREED M. F. SPAYED/NEUTERED
INO. BREED M. F. SPAYED/NEUTERED
IIF THE NUMBER OF DOGS OR CATS OVER SIX MONTHS OF AGE IS TO BE
INCREASED, A NEW APPLICATION MUST BE SUBMITTED.
IS THIS KENNEL APPLICATION FOR: CO,IMERCIAL OPERATION
NON-COMMERCIAL OPERATION
HAVE YOU SECURED RABIES INOCULATIONS : YES (,c) NO ( )
DESCRIBE HOW ANIMALS ARE CONFINED 3X 1(o
� Cover e.4 kennel /^ .nS
tu �/
'
I -- - _ !/400r inSs4IS/ % uSeS, 11 So' )C 25'p - enceS' e 7cerci Se GCc
SoWounclS
d� / ennels. 4n/mq/s qre CoO7;r?ef LlX/arS Q T ni� /T L
f
ISignatures of Applicant & Otvn:11'/ 41-1.x../
e.,),,,, ,,
,,,,„, ,v_, 0„y\\ t,. ‘ ,.\, , ,,
0.k y-:,'71-) .
k\� ,J 7_ / 2--, /-L-/l_/i_(_ L ( ; fL t '/, '/ 6 Q,_:,,,- .4/ -/,
�C.�f-,(-L(- r1�t1 7,--.2.i-- .-'.(.
, 'A"Icn,,c5�/""T - ,/V !�p�l„F,�is u„p_.'�'_ <!Y/ `1cY'
me
f,y� �/i (S 1 { 1 ne:1 � i� ( f�L� )Lt r i i�(.'7-i�Li"lam- , J C- . 1
Atv(t_ V.L1r-S ) CL/LtrItaLe
biL
V.Lr-c( arErFeAtc_t1-6Lc_ \iv cuz:D n6 I
PCurr-Lh,3 tA_Q_ C�
Te_r-nd eL% pi-c . ct 7-r- t U ,�
1
1
1
1
1
1
1
1
1
i
1
1
i
_cp
•
•
1
CITY OF
CEANE:it:„
' 7610 LAREDO DRIVE•P.O. BOX 147•
CHANHASSEN, MINNESOTA 55317
(612) 474-8885
1 .
KENNEL PERMIT
License Number: 06-88 $ 25.00
Fee:
Date of License: August 24, 1988 ' Ap ril 30 1989
_
Expires:April
Owner: Philip & Myrna Mathiowetz �.
Address : 1630 Lake Lucy Road, Excelsior, MN 55331
' Phone: 474-4515 -
Name of Kennel:
' Approved by:
4t_ -1-1,60-/Lee
' City Manager
1
. c .�. . I
CITYOF
,...
A -/3 1
‘,.
I - '
4_
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
:-. ' (612) 937-1900
A c icn ty City A;;m'ristrtot
MEMORANDUM
,•?•_iiiad
II
TO: Don Ashworth, City Manager
D:t`.._X1_/_6 ley
FROM: Jim Chaffee, Public Safety Director Date sub1 t:.;:: to Commission
DATE: August 15, 1988
I
g
D31, l�:b.:1 F,i_.d to CJU`.lq{
SUBJ: Kennel Permit Application, Phil Mathiowetz �'/zz4 I
Please find attached a report from Scott Harr concerning a kennel II permit application from a Mr. Phil Mathiowetz of 1630 Lake Lucy
Road in Chanhassen. Late last year, Mr. Al Krueger came into
this office to complain about a problem that he had been having II with his neighbor, Phil Mathiowecz, and his kennel. Mr. Krueger
complained that the dogs housed in Mr. Mathiowetz ' kennel barked
continously, bothering Mr. Krueger and his family. From that day
on, Public Safety has responded with diligence to every complaint
II
received from Mr. Al Krueger. We have discussed the problem with
Mr. Mathiowetz who has responded to each and every one of our
calls . I
Mr. Krueger has been continually advised to call the Sheriff' s
Department each and every time the dogs are barking and creating II a disturbance. In my March 25 , 1988 letter to Mr. Krueger, I
advised him again, to contact the Sheriff' s Department and that a
deputy would respond and take whatever action would be necessary
to remedy the problem. The Carver County Sheriff and the depu- ,
ties were made aware of our chosen course of action regarding
this alleged nuisance. - You will also note in the third paragraph
of the March 4 , 1988 letter from Mr. Krueger to me that Mr. II Krueger will be keeping a log of all barking disturbances and
will be mailing copies monthly to each person listed below. The
March 4 letter from Mr. Krueger was the last correspondence that
this office has received or been made aware of from Mr. Krueger I
until his letter of July 26 , 1988 in reference to the public
hearing regarding the kennel permit for Windwalker Kennels .
Almost five months had elapsed since Mr. Krueger indicated that
II
he would be notifying us each time a problem occurred. You will
note that I have attached a letter from Mr. Mathiowetz dated June
24 , 1988 stating that it had been some time since he had heard
IIfrom his neighbor Mr. Krueger regarding problems about his ken-
nel. Mr. Mathiowetz states that he assumed that any problems or
concerns regarding the private kennel no longer existed.
1
Don Ashworth
August 15, 1988
Page 2
Analysis
It would appear from all correspondence and documentation that
Mr. Krueger has a concern about the noise emanating from Mr.
Mathiowetz ' kennel. It is also evident that Mr. Mathiowetz has
done everything within reason to alleviate the problem. You will
also note that since Public Safety was made aware of the problem
in late 1987, only one barking dog complaint has been received.
' The remedies offered Mr. Krueger are still the same, i .e. 911
response from the Sheriff' s deputy if a problem occurs .
Recommendation
' In light of all the evidence, it is staff' s recommendation to
grant Mr. Mathiowetz ' request for a kennel permit with the
' understanding that should a problem occur, Mr. Krueger has a
responsibility to call the Sheriff' s Department to record the
problem and take proper action. Only then will we have a firm
' handle on the extent of the problem with proper documentation.
The Sheriff' s Deputy would then act as a third independent party
to verify or rebute the nuisance claim.
II
•
t 1
•
CITYOF
.„
1
\L... CHANHASSEN
\ , II
` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 —
'` (612) 937-1900
II
MEMORANDUM
TO: Scott Harr, Asst. Public Safety Director
II
FROM: Deb Rand, Community Service Officer
DATE: August 1 , 1988 I
SUBJ: Mathiowetz Kennel Inspection
Upon inspecting Mathiowetz ' s kennel this morning, I found it to II
be clean and well kept. The dogs are housed in a safe and
healthy manner with plenty of space for the dogs to move around.
II
Mr. Mathiowetz was very cooperative and appears to have done
everthing possible to appease Mr. Krueger, short of giving up his
kennel altogether. Of special significance was the fact that the
dogs never barked at any time whatsoever during the half hour I
II
was there. I saw no reason whatsoever not to issue the permit
and so the Mathiowetz ' s kennel was approved as of this morning,
August 1 , 1988 . I
II
II
I
I
II
II
II
I.
CITYOF
•
1 '
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 -
^`` (612) 937-1900
MEMORANDUM
' TO: Jim Chaffee, Public Safety Director
' FROM: Scott Harr, Assistant Public Safety Director
DATE: July 29, 1988
SUBJ: Kennel Permit Application, Phil Mathiowetz
' After having posted the kennel permit request made by Mr. Phil
Mathiowetz in the Villager, the only response that we have
received is the attached letter from Mr. Mathiowetz ' s next door
neighbor, Al Krueger, at 1600 Lake Lucy Road. For your
' reference, I am attaching all documentation concerning this
matter .
' BACKGROUND
Arranged chronologically, attached please find the following:
' 1 . Incident Report, 12-22-87, by Deputy Selinski , Barking Dog.
2 . Letter from Mr. Mathiowitz to Scott Harr dated 1-1-88 .
3 . Letter from Phil Mathiowetz dated 1-11-88 .
' 4 . Letter to Al Krueger dated 1-12-88 .
5 . Letter from Al Krueger dated 3-4-88 .
6 . Memo to Don Ashworth dated 3-11-88.
' 7 . Memo to Jim Chaffee dated 3-14-88 .
8 . Letter from Phil Mathiowetz dated 3-15-88.
9 . Letter to Al Krueger dated 3-25-88 .
10 . Letter from Al Krueger dated 7-26-88.
In addition, my records indicate the following:
1 . 4-4-88: Scott Harr called Al Krueger, left message.
' 2 . 4-5-88: Mr. Krueger came into City Hall, told Steve Madden
that everything was "ok" and thanked Officer Madden for his
help.
' 3 . 4-5-88: Mr. Krueger called Harr, said his problem was taken
care of at night, and that there was some barking during the
day. I advised him to call 911 if barking continued, he did
not request any further assistance.
( ( 1
Mr. Jim Chaffee
July 29, 1988
Page 2
4 . 4-6-88: Mr. Mathiowetz called to check in with me, stating
that he was having his dog de-barked.
Community Service Officer/Animal Control Officer Deborah Rand
will be conducting a kennel inspection on 8-2-88. Attached is
her report, reflecting a very favorable inspection. i
I have requested that the Carver County Sheriff' s Office review
their records to determine just how many complaints have been
received by Mr. Krueger, as he states on page 2 of his 7-26-88
letter in the first paragraph, that "when you check your records
and the Sheriff' s records, you will find that I have had nothing
but problems" . The calls that they have on record from Mr.
Krueger regarding Mr. Mathiowetz are as follows:
Date Time of Call Complaint
9-27-87 1756 hours Barking
12-12-87 2304 hours Barking
12-22-87 2146 hours Barking
5-19-88 2228 hours Barking
You should also note in Mr. Krueger' s 7-26-88 letter, page 2 ,
paragraph 1 , that a deputy was going to write a citation "but,
someone, someplace stopped it" . This would, I am sure, be
referring to Deputy Selinski' s report of 12-22-87, and you will
note in that report that Deputy Selinski referred this complaint
to Officer Madden, recommending that a citation be issued. There
is nothing unusual for any of our people, including Officer
Madden, to make a discretionary decision to warn an individual
under appropriate circumstances, rather than to issue a citation.
This would be particularly true in a situation where the par-
ticular officer did not personally observe the violation, as was
the case here. Had Deputy Selinski chosen to write a citation
personally, he certainly could have. In this case it was
apparently determined that a warning would be as productive, and
this was the route taken.
I have also checked our records and find no additional warnings
or complaints in addition to the attached documentation. I
ANALYSIS
This is truly one of those situations that is difficult to remedy
to the satisfaction of both parties involved. Both Mr. Krueger
and Mr. Mathiowetz have stated their positions well. Perhaps it
would serve us best to refer strictly to the facts at hand. ,
A problem apparently existed. Both the City of Chanhassen and the
Sheriff' s Office responded to the complaints of Mr . Krueger.
Mr. Mathiowetz has made efforts to respond to each of Mr.
•
IL tir
Mr. Jim Chaffee
' July 29, 1988
Page 3
Krueger' s complaints . No other neighbors of Mr. Mathiowetz have
complained.
' RECOMMENDATION
In light of the facts that other than on May 9 , 1988 , no
complaints have been received (after Mr. Krueger has been
directed to call 911/Carver County Sheriff' s Department to report
any problems) ; and, that no other neighbors have ever voiced any
' complaints, I would recommend that the permit be re-issued.
It should be made clear to both Mr. Krueger and Mr. Mathiowetz
that all animal-related laws continue to be in effect, and that
the immediate remedy is for Mr. Krueger to call the Sheriff' s
Office on any complaint.
1
1
1
1
c c
C PIK . 1
z.w
,..
I
1,--,, Z-: -•.".''',- .:,'
5- -.-
; :. :4,
.
3 :t,447,744i0, '4';.>,,t, -_• • - .
: 1
Al Krueger ' . . ,, _.
v.-„,,t,,,--,,v',OA-,---...,De, '•
V:V=
----,44; 1600 Lake Lucy Road
b
Excelsior, Minnesota 55331
1 26,July 26 1988
:: ..3441,1,C;2,0 4 •• , .
'Assistant Public Safety Director • - , ,,: •: ,.:.:!4-el,k-A,
•
4.,, •-4`,.-)Nt-'4,', TO.-'4--...--,690 Coulter Drive
,A 4
Post-Office Box -# -147 - --- ' ' • ,,'',,.;x
.,-- •
Chanhassen, Minnesota 55317
Re: Windwalker Kennels, Mr. Philip and Myrna Mathiowitz
. ,
Dear Scott
...,,, ,,. ....„,,.]..- , •_
This is a followup to my letter of March 4, 1988.
-.-:-':-, Another thing that I would like to express. There are other
people involved in this kennel. As I stated before, this is
.. , .
a commercial operation. There is a gentleman by the name of
I
Reg Kroskins that does frequent advertising in various
publications and dog shows. This kennel is run for a profit,
and I put up with all the noise. This is a residential area
I
and the city has seen fit to license a commercial operation.
,, ,,,, Why don't you check with the State of Minnesota and see who
-3-4:'--- - -- ---',- the principles are. I want an end to this kennel now and
for ever more.
I
..._Tv,v,t4,;'•e,`,,7 c-,=,L•,-,'.„'"' .
/
Sincerely
_._,;
or- -f,_ ,‘,,:_riF
f .
, . .
—04,1 ,• -,
, 4'. „,1 —
. . . .
k.-..itlfei.: e...i,* -.,•,-,',
le',A s -,
Al7t'All' Al Krueger
i..W/44-'-Q04,--- • . . ,. .
:, _ .. ,.
4''
.
Copies ll
File
.
Jim Chaffee, Public Safety Director
II
.
Rt_CEnthi)
II
AUG 0 3 1988
....., -. . -_, .. .. ,.... -- CITY OF CHANhASSEN
. - �
/
I 7` �
I
*
Al Krueger
. ' 1600 Lake Lu, y Road
N� Excelsior , Minnesota 5931
__
. July 26, l�VU
II . +'.� �� '' Scott Harr , Assistant Public Safety Director
. "' ' 600 Coulter Drive
-'-' Y. Po�t 0ffi�e 8ox # l47
II . �� C�anh�rsen , Minne�utu 55317
. `
� ' Re: WindWalker
Kennels, Mr ' Philip and Myrna M8t�i�witZ
I . � �
. ` ' ` ' c
~' 'A|
�` �'!' Dear Jim ^ `� -
'
N� It is the intention of this letter to express my utter .
m� ° dissatisfaction with Philip & Myrna Mothiowetz and the
Windwalker Kennels.
.I I oppose the i�suam: e uf any kennel license to Philip
Mataiowetz , I have been living with this dog problem for a
long time' I have had enough . If it continues, I will be
I
forced to take otha� measures
'
I have owned and lived in my home longer than Muthiowetz `s
have lived in t|/ei/ s' I believe I have a right to the piece
I and quiet that originally came with my home'
Philip was lu( ky when he | ir A. uquir '�d |/c'` exi ^tin'4 Lieense'
I 4nd I can ' t say much for H.ty `s invoivpment They have
allowed a kennel to be lo' uted in n poor lo' aizun ' The
location of the kennel on Philip' s property is ``u( h that it
I affects my home mure thut hi'� own 4 � e�on �ting eff�ct h�' has
been created by it 's-% location un'j the tiwic e along the
street . The sounds generated d, e directed towards my home & 7
'
DON' like it ' --
I .
), ' / . We are often disturbed by the dugs' I can ' t even walk to my
I ��'� � ''',` �� mail without dogs barking at me. We have a new road.
^ ,� � . People walk & jog �nd r ide bike� up und down i ake LUry Rmu(�'
' A fence was built in an attempt to screen these
^ .� disturbances. It 's not very effective. The result of
N� distractions is barking dog`` no matter the time of day .
�� .
It seems Phil was recently on vacation .. He did something •
with the dog`,' I thank him to that . More often than not I
I heur dog barking in the morning anywhere from 6:30 on '
E``pe( i xlly when they ur'` hunnr r , they make all sorts of
noise' We hear doq, during dinner , when the kids are playing
N� in our yard, when they are playing the piano, when people
walk walk by ' When car -:: stop and look at our house' You name
the distraction , and the 'jugs will bark .
Ii'`_ :- . . Z.:��
JUL � � �lDo
I . - " '^«o
CITY OFC*�
MN
(
/~ u�� II
il
Phil does a 1ui, | y good lob when he's home and hears the
dogs bark ' He hollers and the dogs stop' When hps not home
and Myrna is there she hollers too, but the dogs don ' t quite II
respond to her as the do to Phil ' When the both of them are --
. � gone, the dog seem to know it' That is when they are the
absolute worst. 4s you know the Sheriff, has been call 10 I. ,
^ ` to 12 times in the past year' When they come out and the
- Mathiowetz `s are gone, I just have to grin and bear the
. � barking. The Sheriff tells me that there is nothing they
can do if the dog owners are not home' That's wrong. One
II
time the Sheriff sat in my driveway for 30 minutes and
� ` ' . .
agreed I had a real problem. He was even going to write a
' / ' II'' oitation , bUt somRone, someplace stopped it' When yoV check
'1, your records and the sheriff's records, you will find that , .
I have had nothing but problems.
� This i3' a money making venture' I would venture to guess 11
' that it's treated that way on this tax returns. I don ' t
Understand why he can sit there in a residential area and
'/ earn money ot the di��uti��uction of neig�borS Ph�l �hould II b� held a� countoble lOO� and he hosn ` t been . Phil put �D
writing to the city that he would put the dogs in at night .
He doesn ' t do that and never has.
��N�
I al�o feel that the lncotiun of this kennel degrades the
values of the homes built and any homes vet to be built ' I
have u very nice home with d re �W/ tub1e value attached.
I
What it worth in u residential area with u dug kennPl next
to it? I didn ' t build my home next to ct kennel '
Please take into account my ( oncprns on thi'� mutter and I II
� truly hope that turn down Philip'� request for this license
^ now and any future � �qup`.ts Plparp keep me advised Of the II. '
� situation as I am concerned.
'
. �
.' ' .
' � ' I
.,r :^ ' - Sincerely
1-
I
. -
Al Krueger
^ `� I. . / �
�� �
w~ ~ '
/// . NI
Copies
File
I
Jim Chaffee, Public Safety Director
Al Wallin , Carver cnontv Sheriff
Tom Hamelton , Mayor , City council member
Clark Horn , City CoUn` il mpmbu� I
II
WM
Dale r c:4 C, t y CtA.Ancil mPITIber
Jay joh n s on
Bill. Boy t C,ity t:;ot..tnc i. III efflbet
City Council rticambor
I
• '
C
CITYOF
cEANE :i. ssEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I
(612) 937-1900
July 7, 1988
Mr. Phil Mathiowetz
Windwalker German Shorthaired Pointers
1630 Lake Lucy Road
Excelsior, MN 55331
Dear Phil:
I am in receipt of your letter dated June 24, 1988 regarding your
private kennel. I am not aware of any correspondence or com-
munications from Mr. Al Krueger in the recent past concerning
problems with your kennel. Scott Harr is on vacation and not due
back until July 11 and, unfortunately , he is the one handling
this matter.
Please feel free to contact Scott regarding your kennel license
and I will also talk to him concerning this issue. If you have
not sent in your application form and rabies certificate please
do so.
Sincerely,
� / 1
m Chaffee
blic Safety Director
JC:k - '
cc: Scott Harr , Assistant Public Safety Director
1
/�
� �K
�
. '
June 24, 1988
-
II . ~��� Mr. Jim Chaffee, Director
_ Chanhassen Public Safety Dept.
-471. 690 Coulter Drive
� Post Office Box 147
' -
Chanhassen, Minnesota 55317
. ' . .
Chief Chaffee:
' `
It has been sometime since my neighbor, Mr. Al . Kruegers
last letter to you concerning our private kennel . To this -
I ' date, I have not received any correspondence from either the
City of Chanhassen or Mr. Krueger as was indicated in his
letter.
N� I therefore assume that any problems or concerns regarding
our private kennel no longer exist.
N� Please let me know your position regarding this situation,
or if I am in error with my assumptions.
Sincerely,
N� Philip Mathiowetz
Windwalker German Shorthaired Pointers
1630 Lake Lucy Rd.
0� Excelsior, Mn. 55331
_ .. .
*� . '
'` ~
.
^--`-
N� �
JUN � ~
~~ =v." / `~°r
CITY I����v ����
� P .? 3
c
CITYOF
CHANHASSEN
1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
1
June 16 , 1988
1
Mr. Phil Mathiowetz
!Windwalker. Kennels
1630 Lake Lucy Road
Excelsior, MN 55331
Dear Phil:
I apologize for the lateness of this response, but I hope you
will understand how busy we have been. When I last spoke to you
on the telephone, I told you that I would look into the Public
Safety Commission meeting minutes and send you any documentation
that I found concerning your situation with the kennels.
Although you were listed on the agenda, I was unable to find any
reference in the minutes to your problems with your neighbor, Mr.
Krueger. 1
As always, feel free to stop in and see me at any time and if you
have any questions , please call.
Sincerely,
/ .w 1
im Chaffee
Public Safety Director
' JC:k
cc: Scott Harr, Assistant Public Safety Director
. 1
1
1
1
MN
s
I '` ....
( i
I ..,.
CITY OF
1 \ . G cHANEAssEy
,,,: "' 690 COULTER DRIVE • •
E P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
IMarch 25, 1988
•
I Al Krueger
1600 Lake Lucy Road
Excelsior, Mn 55331
IDear Al;
II apologize for the delay in responding to your letter of
March 4 , 1988 , regarding Windwalker Kennels and barking dogs.
I was of the belief that Phil Mathiowetz ' s letter indicating
II how he was attempting to take control of the barking dog
situation provided a relief to your problem. Your letter
indicates that it has not.
II We will continue to do everything in our power to help you
solve what you feel is a nuisance problem. As we have
indicated to you before, however , is that you will need to
I contact the Sheriffs Department each time the barking dog/s
disturb you . Only then will we have the statistical handle
on the frequency and severity of the problem.
IYou stated in your letter that a deputy did respond to your
complaint and said that he would file a complaint. When we
• last discussed this incident you could not remember the date
I nor the deputy' s name that handled the call . At that time I
stated to you that it would be difficult to locate the
complaint but that I would see what I could do.
II -
I did identify the deputy that responded to your call of
barking dogs on December 22, 1987 , and located the report
that he wrote. The information was passed on to the
I Chanhassen Animal Control Officer , Steve Madden, who
investigated the incident and began to take steps to
alleviate the problem. At that time he contacted both Phil
I Mathiowetz and yourself in an attempt to work out a solution.
Mr. Mathiowetz was very cooperative and has been working with
us to prevent his dogs from barking and causing a
disturbance.
I
Apparently all the remedies offered by Mr . Mathiowetz are not
Iproducing acceptable results and for that reason I am
I
11
suggesting the following course of action:
1) When the dogs are barking and creating a
disturbance , please notify the Sheriffs Department.
A Sheriffs Deputy or the Chanhassen Animal Control
Officer will respond and take whatever action is
necessary. This includes either a citation or
formal complaint for violation of our nuisance
ordinance.
2) When Mr . Mathiowetz renews his kennel permit, I will ,
place it on the Council Agenda for discussion. A
full report will accompany the kennel permit to
include the information provided by you. In
addition, I would highly recommend that you attend
so that you may address the Council to voice your
concerns and answer any questions that they may
have.
As always please feel free to call me if you have any
questions concerning this matter.
Sincerely,
im Chaff:e
Public Safety Director
cc/Don Ashworth
Scott Harr ,"
Al Wallin
City Council
Phil Mathiowetz
1
I
11
I
a°-
I ^ �� ��
March 15, 1988
Mr. Jim Chaffee
Director of Public Safety
N� Chanhassen Public Safety Department
690 Coulter Street
Chanhassen, MN 55317
Dear Chief Chaffee,
I am writing in response to a letter addressed to you dated
March 4, 1988 from my neighbor Mr. Al Krueger. After
reading Mr. Krueger's letter, I feel compelled to rebut his
emotionally inaccurate correspondence.
Mr Krueger' s first reference is to his discussion with the
N� sheriff sometime last winter. I spoke with Mr. Scott Harr
of your department immediately after the sheriff had
contacted him. At that time, I outlined my course of action
to him in a letter dated January 11 , 1988. All of the
N� actions outlined in that letter have been completed, and the
problem with the dog in question has been virtually
eliminated.
In reference to the complaints of March 1st and 3rd, Mr
Kruegers call on the 1st was immediately handled and the dog
quieted. I am unsure of the specific reason for his
�� barking. The incident on the 3rd however, is at the least
misquoted. I was already responding to a young dogs second
bark when Mr. Krueger called. Mr Kruegers phone call was
answered " I am hollering at her now" . Investigation for the
-- . cause of the barking revealed that the dogs access door had
' somehow become stuck and she was not able to get back into
N� her dog house.
. '
--
�� �`,' _ Since Mr. Kruegers letter, I have changed the feeding
patterns of the dogs in an effort to work with Mr. Krueger,
so as not to disturb him or his family. The issue of dogs
• barking at people as they walk by is grossly inaccurate.
The weekend of March 5th and 6th I counted 33 people either
N� biking or walking past my house some had dogs, some were
children, and some were in groups. During that time, the
dogs barked only once when another dog came into the yard.
Since any dog will bark when its yard is invaded, I don' t
N� see this as a major problem. The dogs are used to the
traffic on the road and they are simply ignoring it. I have
also seen numerous times when Mr. Krueger or members of his
N�
family have been out in their yard and the dogs simply
— ignored them. I believe Mr. Krueger is overstating what he
perceives to be some type of problem.
m� The location of my garage is done to provide the most
efficient use of my pr7.perty. I have continually strived to
•
��7
��
~ `� m�
provide the most eye pleasing and shielded facility
possible. I also believe that if you were to measure, you N�
would find Mr. Kruegers statement about the proximity to his -
home and mine to be unrealistic.
Since my letter of January 11 , the equipment I ordered has --
arrived and seems to be working. Subsequently, I am
currently bringing all of the dogs inside and locking them
up at night. This is extremely inconvenient but will ~~
eliminate any barking which may disturb anyone.
I take extreme exception to Mr. Kruegers defamatory remark N�
that I am a liar. As I stated in my January letter, on the
specific day in question I was in Illinois and had all of
the animals I own, except the cat and two gerbils, with me. 0�
There are several people who would be more than willing to
attest to this situation. I have never stated that I always
take all my animals any time I am gone, only when I leave
for competitions. During the time Mr. Krueger counted ten
dogs, they were indeed there. They were a litter awaiting
better market conditions so that they could be sold. Six of
those ten dogs were under three months of age and were gone N�
within 45 days after Mr. Krueger counted them. The incident
Mr. Krueger references involving the teasing of the dogs was
at the very least unfortunate. I have spoken to the party N�
involved about his inconsiderate behavior and can assure you
it will never happen again.
Mr. Kruegers reckless accusation that I have a commercial 11
kennel is absurd. I strictly have a private operation. I
do not board any dogs other than my own, nor do I offer any
services to the public. In fact I have turned away numerous N�
individuals who have requested I keep their dogs for them. --
Windwalker Kennel is important to my family. It has taken a N�
' tremendous amount of hard work and capital to establish. I
want to assure you and the City of Chanhassen that I will
continue to work with the city in response to any of their
concerns. I would also again like to reiterate that as far N�
as I know, no other complaints, questions, or concerns have
ever been raised other than by Mr. Krueger. Please feel
free to contact me. I look forward to resolving this
situation as soon as possible.
Very truly yours,
Philip G. Mathiowetz N�
Windwalker Kennels
1630 Lake Lucy Rd.
Excelsior, Mn. 55331 N�
cc: Mr. Scott Harr
•
1
1 CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
TO: JIM CHAFFEE
FROM: SCOTT HARR
DATE : 3/14/88
SUBJ : WINDWALKER KENNELS
Dear Jim,
This memo is in response to the letter from Mr. Al Krueger , dated
March 4, 1988.
' BACKGROUND
' I first became aware of this situation around the first of the
year when Carver County Deputy David Selinski talked with Public
Safety Officer Steve Madden and myself regarding a call that he
' had responded to at the Krueger residence. The Deputy referred
this matter to Officer Madden in light of his animal control duties .
Both Officer Madden and I went to the Krueger home on several
' occasions , never being able to find anyone at home. Eventually
a note was left for Mr. Krueger to call us , which he did. He was
instructed to contact the Carver County Sheriff 9-1-1 phone number
' should the problem reoccur.
We , in turn , contacted Mr. Mathiowitz to discuss the problem. He
stated that he would provide us with a letter outlining his intentions ,
which we recieved on January 11 , 1988. I then sent a letter to
Mr. Krueger, along with a copy of Mr. Mathiowitz ' letter , advising
him to contact me should I be able to assist him further. He was
also told by both you and myself at a time when he came into our of-
fice to discuss the matter , to call 9- 1-1 whenever the dogs were
barking.
' PRESENT STATUS
' I have received no word of subsequent problems on this matter. The
first I heard of a problem was when I received a copy of Mr. Krueger' s
recent letter. I was contacted by Mr. Mathiowitz when he received
the letter , at which time Mr. Mathiowitz advised me that he had
been using the shock collar, and that the situation had improved.
I
•
CITY OF
1
C ANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
•
1
TO: Don Ashworth, City Manager
FROM: Jim Chaffee, Public Safety Director 1
SUBJ: Letter from Al Krueger dated March 4 , 1988
DATE: March 11 , 1988 1
Scott Harr and Steve Madden have been working with Al Krueger
and Phil Mathiowetz for quite some time. Mr. Krueger has
been in to talk to all of us concerning his problem with the
barking dogs. We have been doing everything in our power to
help mediate the problem but as you can see Mr. Krueger does
not think so.
The last time Mr . Krueger was in to talk to us we explained 1
to him that we were working with Mr . Mathiowetz. We sent Mr.
Krueger a copy of a letter that Mr. Mathiowetz had sent us
indicating what measures were being taken to prevent the dogs
from barking. Everyone concerned has been making every
attempt to alleviate the problem. The unfortunate part is
that Mr . Krueger is still being bothered by the barking dogs.
We have now made it clear that the deputies will issue a
citation if they are called by Mr. Krueger and the dogs are
creating a nuisance. Mr. Mathiowetz has also been made aware
of the situation.
In the fourth paragraph in Mr. Krueger 's letter he complains
about a deputy that came out to his residence upon his
complaining about the barking dogs. In fairness to the
deputy and the Sheriffs Department, a report was written
indicating that there was definitely a problem with the dogs
barking. The deputy did make a copy and give it to our
office to handle.
A more complete report will be forthcoming including a
response to Mr. Krueger ' s complaint.
1
i
1 ( C
il
II Al Krueger
1600 Lake Lucy Road
Excelsior, Minnesota 55331
IIMarch 4, 1988 ..:�
II Jim Chaffee, MAR 7 1988
h , Public Safety Director
690 Coulter Drive CITY OF CHANHASSEN
Post Office Box # 147
Chanhassen, Minnesota 55317
IRe: Windwalker Kennels, Mr. Phil Mathiowitz
II Dear Jim
Iam writing in response to it seems my problem of Mr
II Mathiowitz's dogs. It's an on going problem for me and my
family.
Let it be understood that when his license e comes up for
II renewal, I would like to be aware of it. I would like to be
informed of which person nr persons, if not the city council
will be authorised in issuing that license.
ILet it be understood that each person listed below which
include city and council members & carver County Sheriff's
toffira will receive a copy of this letter. And will be
Iinformed in the future of each and every time I have a
complaint. i will be keeping an log of all barking
disturbances and will be mailing copies monthly to each
Iperson listed below.
Last time I had the Sheriff out, the officer sat and
listened in my driveway for onwards of a half an hour. He
II came back to the door and agreed with me that there was a
problem and that he was going to file a complaint. That
complaint was never file. You can't even seem to find the
officer and talk to him to find out why a complaint was not
filed. I as the person making the complaint was informed it
was going to be filed. Yet the responding officer later
IIchose not to. That makes me real mad.
My latest two complaints ( 1st) On Tuesday March 1st, 1988
at 3: 00 AM I call Phil and informed of his dogs barking.
IHe said "OH, I will take care of it. " The dogs were barking
for onwards of 15 to 20 minutes total. More than enough
time to disturb both myself & my wife as well as wake up 1
I of my school age children. (2nd) Last night at about 2: 15
AM again the dogs were barking. Again both by wife and
myself were awakened. I called Phil again, and I quote "I
II have already hollered at them. " But they were still
barking. Well we were already awake. These are only the
past few times I have called. I have called Phil before at
I
II
night. Them have peen numerous nights that the dogs II
� - Og4 i?ar1C
just enough to wake us. It's hard to call on the first.
bark, you lay in bed hoping they quit before you attempt to _
make it to the pirtnne & find the number & cal!, what Tam
trying to say is this happens quite frequently, the dogs
II
bark enough to awake you but not enough for you to do much
about it in the middle of the night.
This is NOT only a problem during the night. During the day I
is a different story yet. We don't eat breakfast without
hearing the dogs. The are hungry & usually Phil is tending
them. If people walk by on the street they bark. If I
II
open my garage door and do what ever on the driveway; they
bark. If I make a trip to my mail box, they bark. My
kids play outside; they bark. At dinner time, very Celdom II
do we have dinner without barking in the back ground. On
weekends, my children take piano lessons, the dogs usually
are barking at some time or another during that time. I do
a lot of writing and often am home during the day, 1 hear I
baking. It seems to go on a lot. Often times they don't
bark for long periods of time, but its enough to break the
piece and quiet. And. I fed Up
II
I have owned my property for aprox 9 years. I selected this
area for it' s piece and tranquility. The city has seen fit II to allow a permit to Phil Mathiawitz for the building of a
garage & kennel. As city nff ci al c
; you must have just
rubber stamped that permit. Because Phil has other property
and the location of a kennel away from the road and further
II
away from my home seems to me would have be far more
workable to all. The fact is, in its location now, care
and up keep of the dogs is far easier. It's also a- fact
I
that you allowed the kennel location closer to my bedroom
that to Phil's. And I hold the city liable for that
decision. There was never any contact with me when hsi
kennel was approved, if it was approved, you check your II
records. The design of the kennel makes a meagaphone effect
and amplifies all barking directly towards my home. The
fence only adds to the megaphone effect and the dogs are
II
aware of all sights and sounds on the street, so they still
bark.
In reference to Phil's letter of January 11, 1988. Phil II
plan for excessive harking is to combat it with an electric
shocking device And bring the dog inside. He doesn't do
that. As I have tried to state, we often hear barking at I
night.
Phil states that i have complained when dogs weren't even I
on his property. That's an outright LIE. I went over one
time last year when he was gone and a brother or friend
taking care of the dogs was there and I counted over 10
II
dogs. Lets not fool anyone, when he's gone, he doesn't
take all his dogs with him. And that's when they are the
II
I
' absolute worst and the STeriff can't rio anything unless the
owners are home. One time while Phill was gone, persons
tending was a young male with a female companion, I stood
outside the garage and he sat there and teased the dogs.
' The female was trying to get him to stop because the dogs
were going wild.
' The point of the long letter is that Iam SICK & TIRED of
Phil's dogs and his operation. He is operating a commercial
kennel in a residential area. I have discussed my problem
with a friend who is a prominent attorney for several
cities. He has informed me the city and the dog owner are
liable to a law suit with the conditions that exist. Even
in rural towns west of Chanhassen, they request concent from
' affected neighbors before issuing dog licenses. It's about
time that Chanhassen and it's city officials do the same.
' Please keep me informed of the actions that you plan to take
in this matter. It's gone on too long. I don't want anymore
talk. I want something done on this problem or I will take
all the action needed through a court of law.
' Sincerely
Al Krueger
Copies
' File
Phil Mathiwitz
'
Scott Harr, Assistant Public Safety Director
Al Wallin, Carver county Sheriff
Tom Hameiton, Mayor, City council member
Clark Horn, City Council member
Dale Geing, City Council member
Jay Johnson, City Council member
Bill Hoyt, City Council member
i
•
r , 1
r :
CITYOF 1
ANHA SSEN
• 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
January 12, 1988 1
Mr. A. L. Krueger
1600 Lake Lucy Road
Chanhassen, MN 55317
Dear Mr. Krueger:
Jim Chaffee, Public Safety Director, advised me that he had spo-
ken with you regarding a dog barking problem concerning your
neighbor. 1
I have contacted Mr. Mathiowitz and he stated that he will
be submitting a letter outlining the effort that he is making to
remedy this. I requested that you be sent a copy of this letter
as well.
I am anxious to see to it that this situation is dealt with to the
satisfaction of all concerned. Please advise if I can be of
further assistance on this matter.
Sincerely, -
774-,
i
Scott Harr
Assistant Public Safety Director 1
SH:ktm
cc: Jim Chaffee, Public Safety Director 1
1
1
1
1
1
January 11, 1988
' Mr. Scott Harr
Assistant Public Safety Director
City of Chanhassen
' 690 Coulter St.
Chanhassen, MN 55317
Dear Mr. Harr,
' Thank you for your call concerning barking dog complaints at my
residence. During our conversation you indicated that your office has
received complaints. I suspect these came from my neighbor Mr.
Krueger. I have also spoken with Officer Madden of your department
' concerning these complaints.
I will admit that I have had a problem with one particular young dog
' who has a tendency toward loud and excessive barking. To combat this
I have ordered an electronic bark collar which emits a painful
electric shock each time the dog barks. Also, I now bring this dog
indoors each night to insure that she offers no disturbance to anyone.
' If these methods are not successful , I plan to sell the dog. In the
remote chance that I would not be successful in selling the dog, I
would have her destroyed.
As to the nature of any other complaints Mr. Krueger may have ini-
tiated, I feel some explanations are in order. Officer Madden indi-
cated to me Mr. Krueger had made at least two complaints during a
period when no dogs were present on my property as I had all of my
animals at a national dog competition in Illinois. One complaint
which Officer Ellering handled was my fault, and involved the young
' dog I have already spoken about. Another occasion was a young puppy
who became scared during a wind storm when a large piece of plastic
blew into the kennel area.
' The most recent complaint resulted when one of the dogs was barking at
what turned out to be two juveniles attempting to enter my garage and
horse trailer. Mr. Krueger's complaint to me in this instance was
quite useful , as it allowed me to chase these individuals away and
avoid any loss .
While I do not profess to be without fault in these matters, I would
point out that I do not believe you have received any complaints from
anyone else. I also believe that I have not always been fairly
accused as I am not the only dog owner in the area, but the only one
' with a kennel . I have made every attempt to avoid problems. I have
installed wooden fencing to shield the dogs sight lines, as well as
the other items listed earlier.
• . Scott Harr ,
January 11, 1988
Page Two ,
I am open to suggestions which may help with anyone's concerns. Mr. I
Krueger is welcome to come and discuss any concerns he may have. If
you think it appropriate, I would be willing to come and meet with you
and Mr. Krueger at your office. I do not wish to have or cause any
problems with my dogs. I am now, and will continue to be, working
diligently to resolve and answer anyone's concerns. I do not,
however, wish to be the subject of what I consider to be in many cases
unwarranted and unjustified complaints to nurture anyone's cause.
Please feel free to contact me.
Sincerely,
aj21?'
Philip Mathiowetz
1630 Lake Lucy Rd.
1
I
1
1
1
1
1
Carver County Sheriff's Der. 0-
Chaska, Minnesota o
1 Offense/Incident Report
r
I Date Aeported: Time:
Q -22 y i' 7 /�Q / ` Offense Address
F Date Occurred: J Time:
---4-
No: St: j / _
F /2—7. 7— --7 :7c> —723 3 `�,_)�) ( Z. K L c:-L.C /\ CI
IOffenseilncident as reported): Apt: 1 City:E l< 1.4—' 11 7 ST: , Zip
$ �.J Phone: (H)'Phone:
(B)
E Grid: _7 -7j )Beat: iNWC:
� �
C Complainant's Name&Address I (Last) (First)
/ I A (Middle) Sex Race DOB Age
O �L %�Cd4 'l'—
I �` t I Li1.�.^.tC� I ,L��, cf r M/F�( L' /0-2q-q?
No:/600
t:
P r n/�/ ,� '// Hgt Wgt Hair Eyes
L APt: ray: l inalr 4ir1 'f,3evt ST:
./��L Zip, Victim: YIN
I Phone: ii•Z, `�7�� (H) Phone , � 7
I ( Imo( , (8) '
T1Comments: c-C:; 7+ '17/Z `
R 'Reported By: (lost) (Middle) '
//4 (First) I Reported To: `
I p, 1vu�LQ t kJ.et_ctr 1 �1/? How: {�/ t YC N II
0 No: 1St: Bodily Injuries: Y/N ( `i
T 1 Transported to: t't I
EE Apt' City: ST: I Zip: Transported by:
I 8 008 Phone:
(H)` Phone: (B) Describe Injuries/Condition:
Vehicle
I E I Involved: YIN I Veh Yr. I Make I
H Model 1 Style
1 Next of Kin Notified: (Name,Date,Time)
C 1 Color Lic St 'Lic No. Vin Na.t I
I L ven Disposmon(Towedr Lelt At Scene)
E ! Keys Disposition
Record Codes:
P St-Stolen R=Recovered L =Lost F Found 0=Damaged E-Evidence i-Imoounaed SK =Safekeeping T=Towed
Item Record
R Number Code City. Property Type Brand.Make or Model Name Description
Q Manufacturer and Number (Color,Size) I Serial Number Value
P
E
IR
r
I
Property Disposition
Total Value
I Suspect Name: (Last) (First) (Middle) Sex Race DOB
r Age Hgt Wgt Hair Eyes
S �:,rtC. [i +cc�rG � PCrlrtt� /j M/F
Address No: St:
u / 7 VCS k LUG / c l S/M/T:
SApt: City: - - -
✓1. LL..A T3 c?` t [ST Z' —y• victim a A❑Stranger D Spouse G(]G mrien0
P t .J J�Empl oer
r Phone: (H) Phone
WI Relationship B 0 Relative E 0 x-Spouse H 0 Lanaiord is 0 Employer
E O Suspect C Acquaintance F ❑Boylnend 1 ❑Tenant
Vehicle Veh Yr L ❑Employee
Make Model Style Color r
I C Involved Y/N I ❑Add'I Suspect
T M 0%vtiomer I ❑Unenown
Lic St Lic No. Vin No. ( 0 Add'I Wiliest N 0 Merenant 9 0 Otner
Commen[s: 0 0 once,
I •N 'Witness Name:
-
1 (Last) Witness Address
T (First) (Middle) No:
__ Sr.
fV Apt: City'
E ST. Zip:
S
S DUB Phone: (HI Phone• IBI
iliworunq Uihcer �, r Jy 4Dwnio ( Revkew�nq oupervnor
Rank /Fu
evil Naar SC'/r�l i 10 �� '' Rank Name ID
Assittinq Uthcer '
Rank Division
Nam. to Page t OF Pages
CCSO 069
IN
"' Carv(r County Sheriff's Dep rtment _ �
OFFENSE/INCIDENT FOLLOW UP ARREST c
REPORT w,
ti
Date of Incident: r /2-- 2? —Y 7 I Complainant: /f<r(-Lc f c-r— /t-.t en.va, .Le6,,o•T1e �•
Offense: I Rti---r'p:v 0e)--.9 I Address: /6C) /t' L�-t c 1Q1 I
J
Date of Report: 1 /2 - Z --F-7 1 C . 5 G',ti /64 vt_ -)-3 l 7
_ n I e.
_l..(6? 'c; L_ / L Z,C G /2 ( J f pct.k YD__ ( `�1...�
`�. / CULtr(� `�eLtU..v1�
a bout- _ -/-r'�.,: D a s' a + 7` G�i'r t d...u:, I k er- kk L1 i e/
G.J L& _. -- a.ry-c`v,Jd ock- 2207 1,..7.s a"f' 1-61/4- co 144.p L 4 i"+.c_et-c,.,1-- ..
-res -/de-,c.�e__ S cc-u ld kt2c�.;' CL C C bc.) — kIPt - ! 4-e-- 1
ca;u,
-2 L G�z.T- A •ti e t.�N S� v. �.� ec7 17eC `tc rc.C,e 7:.1
-0 r'/'l,e :..��y. .L t�1,v'f- ,,,,,-71-c, I- eve-u`O 1CLI'L t E _ 1
1 L p 3--/7'e R/C. L-4---;( 1 1 1/4-. (1_ (-4„,"‘..... C A Lc.:1...C"1'- `t'4.&_ L A.,---/<_ c/ - �_-
LU6-0 Ie._ 1:141e .77 LAG`S 4.1.7' s/-e•- e- C-e-.) ,O CGL‘"n.Gti bL 4-S 1
_mot-j. :--4---Cc_...r IcJG..f�k!'!-t
- — .'_ 4-4-74-ti[A L,L,1.. .t-i--- / ,LL e_ --/-(-,a ( 1-4 e c( 4/..")_S- _ I
ICJ6'ept. _ 6a.....--4 / vc✓ 014540,k/T ilk /,,,- (, 30 _ TL, e
co/t.cpLi ,.L-- caa is(2.., pct t cl, ± e".:z erne d_. cu ( ?, �f rt.-1/4e
1
G)[�uo4_eac- �- ( '.L�'_ �LtGiGi e �.S Cc Pl. t ( /1.1 /-4 iO w c 7`..-71: �'JLt T� 1
ho 0,,L0_ 1? .1.s-GU"--e di_ ( (-'. e_ p(,,U!2 e ._ /`tcc..,--ci, ✓i, `lam '74i..k.
cop.,f1 la :,%c_s,-L+ 1----6,_ fuck- k ('#c I 1 s- cti& v,.` 9 c), c, p : Co le I
-e_s i' CSC ice. H LC1 LL C;/L. ( Le_ C�L.J,,l�/'S Q.re_ ✓4r-�- G1'"
TG.� co v�70 (cc r"r2ac.,L-{'- l�.,c;dl.�.S 5 0 vvt�T K(‘7 C�n i_t_ r rv�t_� t 1 ,
.-_'-__ G. � (2_0 ,.:gy p / I�vi a�.'T ._L 4--,--)z' lc( /-,-d am
-- ,.l- - O� / 6 0 ./f cIc e_-,„.._ a ti,- rsc?Co 1,N YIA e vi_a c4- C ( I-C< t-e 0 v
e-- - isS5 CA—e C - f /� /
Af` 74,_ L /,-(-4-- T pica w 'I
C' C U�vc v4v.;� LvC� 7-r
s 763'0 4_ Lu g /I . `1',c d /QC( c �•,.(_ _ ?1- e 1
d4-44,t6f__ `t /4- vt_0 c_:.2 e_ a 1,15-4.i1eC°d "� .-e__ C- J0T Z c (eGC/e-t
.__a-/' ____/ 2233 G.,-.S- G'1,,t Cis ��y w4% &C/ti /�c CL-?
II
(,OL(E '(-iz, _J 2S,/.vl,
-- --- Z_ 1t,,e. G14..-2_.:i6. U.. c:UO (../ 4'%-- -76 O •
I
I
I
ia
: I I
CCSO 070 (REV. 9/86) Employee Name an Number
I
■s
I
c //m7-
1e2/76) 6r.16*/';//7-6"
_ADJ0/Aiiik 7z)
1114 /PA rk 6 tA 67'Z
_ At az No P/2456Zeot L4-,IT,/ _
e- /4/'3.. 0 cs
I —
cznmas.
ESIMIZEIr Cle=1111r.
11
I
1701 Steller Court
Excelsior, Mn. 55331
1
August 23, 1988
Mr. Scott Harr
City of Chanhassen
690 Coulter Street
Chanhassen, Mn. 55317
Dear Mr. Harr:
This letter is in support of Phil and Myrna Mathiowetz desire to 1
continue their Windwalker Kennel on Lake Lucy Road. I know that
another neighbor has complained about it.
As far as I am concerned, their dogs are very quiet. I ride my
bike or walk by their place almost everyday and do not hear their
dogs. I even live close enough that if the dogs were noisy at
night, I would be able to hear them.
I believe noise complaints about their kennel would be unreasonable.
Sincerely,
= ?�
Barbara Finstad
1