10. Request for Kennel Permit, 1630 Lake Lucy Rd. CITYOF -�
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_ i AN EN
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\\\C„.'"i .
.„,„,, -- .-_'.- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
t (612) 937-1900
r_n , r,.`a;: 1°tract
MEMORANDUM En„c;;..; cam-_, '
ITO: Don Ashworth, City Manager ;,..,,,,z ,,_____.__ __—.
IFROM: Jim Chaffee, Public Safety Director Date .t:!:11.1t,.. J c„1.m:,,Na1
DATE: August 15, 1988
bail ,, , ;.
ISUBJ: Kennel Permit Application, Phil Mathiowetz ---- V221dyS!_
I Please find attached a report from Scott Harr concerning a kennel
permit application from a Mr. Phil Mathiowetz of 1630 Lake Lucy
Road in Chanhassen. Late last year, Mr. Al Krueger came into
I this office to complain about a problem that he had been having
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
Ion, Public Safety has responded with diligence to every complaint
received from Mr . Al Krueger. We have discussed the problem with
Mr. Mathiowetz who has responded to each and every one of our
Icalls .
Mr. Krueger has been continually advised to call the Sheriff' s
Department each and every time the dogs are barking and creating
I
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
Ito 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
I of the March 4 , 1988 letter from Mr. Krueger to me that Mr.
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
I this office has received or been made aware of from Mr. Krueger
until his letter of July 26 , 1988 in reference to the public
hearing regarding the kennel permit for Windwalker Kennels.
t Almost five months had elapsed since Mr. Krueger indicated that
he would be notifying us each time a problem occurred. You will
note that I have attached a letter from Mr. Mathiowetz dated June
I 24 , 1988 stating that it had been some time since he had heard
from 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.
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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.
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I CITY OF
�j
'£ :z 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
1 TO: Jim Chaffee, Public Safety Director
1 FROM: Scott Harr, Assistant Public Safety Director
DATE: July 29 , 1988
1 SUBJ: Kennel Permit Application, Phil Mathiowetz
1 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, 12-22-37, 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 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.
1 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.
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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 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. ,
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. 1
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.
II ,
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.
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CITY OF
\ I 'Itt CHANHASSEN
_ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
T (612) 937-1900
MEMORANDUM
TO: Scott Harr, Asst. Public Safety Director
FROM: Deb Rand, Community Service Officer
DATE: August 1 , 1988
SUBJ: Mathiowetz Kennel Inspection
Upon inspecting Mathiowetz ' s kennel this morning, I found it to '
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.
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
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 .
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Al Krueger
1600 Lake Lucy Road
Excelsior, Minnesota 55331
July 26, 1988
' Scott Harr, Assistant Public Safety Director
690 Coulter Drive
' Post Office Box # 147
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
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
and the city has seen fit to license a commercial operation.
Why don't you check with the State of Minnesota and see who
' the principles are. I want an end to this kennel now and
for ever more.
Sincerely
Al Krueger
ase
Copies
' File
Jim Chaffee, Public Safety Director
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CITY OF
, -
I . ' C :P4 t A4 ' HASSEN
I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
4 (612) 937-1900
IJuly 7, 1988
IMr. Phil Mathiowetz
Windwalker German Shorthaired Pointers
1630 Lake Lucy Road
IExcelsior, MN 55331
Dear Phil:
1 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.
IPlease feel free to contact Scott regarding your kennel license
and I will also talk to him concerning this issue. If you have
Inot sent in your application form and rabies certificate please
do so.
Sincerely,
I I ,
m Chaffee
blic Safety Director
I JC:k
cc: Scott Harr , Assistant Public Safety Director
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June 24, 1988
Mr. Jim Chaffee, Director N�
Chanhassen Public Safety Dept. N�
690 Coulter Drive
Post Office Box 147
Chanhassen, Minnesota 55317
Dear Chief Chaffee:
It has been sometime since my neighbor, Mr. Al . Kruegers ~~
last letter to you concerning our private kennel . To this
date, I have not received any correspondence from either the
City of Chanhassen or Mr. Krueger as was indicated in his
letter.
I therefore assume that any problems or concerns regarding
our private kennel no longer exist.
Please let me know your position regarding this situation,
U�
or if I am in error with my assumptions.
Sincerely,
Philip Mathiowetz
Windwalker German Shorthaired Pointers --
1630 Lake Lucy Rd.
Excelsior, Mn. 55331 @�
`|U| ' � � WO
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CITY OF
. G C t. ANBAssEs
4„,} f 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900
1 March 25, 1988
1 Al Krueger
1600 Lake Lucy Road
1 Excelsior, Mn 55331
Dear Al;
1 I 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
1 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.
1 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
1 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.
1 You 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
1 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.
1 I did identify the deputy that responded to your call of
barking dogs on December 22, 1987 , and located the report
1 that he wrote. The information was passed on to the
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
1 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
1 disturbance.
Apparently all the remedies offered by Mr . Mathiowetz are not
producing acceptable results and for that reason I am
II
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,
A wI Chaff:e lic Safety Director
cc/Don Ashworth
Scott Harr +
AI Wallin
City Council
Phil Mathiowetz '
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March 15, 1988
Mr. Jim Chaffee
Director of Public Safety
I Chanhassen Public Safety Department
690 Coulter Street
Chanhassen, MN 55317
Dear Chief Chaffee,
II 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
sheriff sometime last winter. I spoke with Mr. Scott Harr
I of your department immediately after the sheriff had
contacted him. At that time, I outlined my course of action
him in a letter dated January 11 , l988. All of the
Ito
actions outlined in that letter have been completed, and the
problem with the dog in question has been virtually
eliminated.
IIn reference to the complaints of March lst and 3rd, Mr
Kruegers call on the 1st was immediate1y handled and the dug
quieted. I am unsure of the specific reasnn for his
I 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 Lail 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
Iher dog house.
'
Since Mr. Kruegers letter, I have changed the feeding
patterns of the dogs in an effort to work with Mr. Krueger,
I so as not to disturb him or his family. The issue of dogs
barking at people as they walk by is grossly inaccurate.
IThe weekend of March 5th and 6th I counted 33 people either
biking or walking past my house some had dog,l, some were
children, and some were in groups. During that time, the
dogs barked only once when another dng came into the yard.
Since any dog will bark when its yard is invaded, I don' t
I 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
~~ 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.
The location of my cflxrage is done to provide the most
efficient use of my property. I have continually strived to
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provide the most eye pleasing and shielded facility
possible. I also believe that if you were to measure, you
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. N�
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 N�
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 .ennel is important to my family. It has taken a N�
tremendous amount of hard wor k and capital to establish. I =m
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
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 N�
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
I ,
CITY TF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
r :
(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.
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CITY OF
_.,
1 CHANHASSEN\ i A
, , , . 1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
�4r�5, (612) 937-1900
II
,
MEMORANDUM 1
TO: Don Ashworth, City Manager II
FROM: Jim Chaffee, Public Safety Director 1
SUBJ: Letter from Al Krueger dated March 4 , 1988
DATE: March 11 , 1988
II
Scott Harr and Steve Madden have been working with Al Krueger
II
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
II
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
II
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
II
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.
II
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
II
of the situation.
In the fourth paragraph in Mr . Krueger ' s letter he complains
II
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 1
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 II
response to Mr. Krueger ' s complaint .
1
1
I
Al Krueger
1600 Lake Lucy Road
Excelsior, Minnesota
March 4, 1988
MAR 7 1988
Jim Chaffee, prthlir! Safety Director
90 Coulter Drive CITY OF CHANHASSEN
Post Office Box # 147
Chanhassen, Minnesota 95117
RP: WinrilgaikPr Kennels, Mr. Phil Mathiowitz
Dear Jim
Tam writing in response to it seems my problem of Mr
Mathinwitz's dogs. It's an on going problem for me and my
family.
Let it be understood that when his license cnineg up for
rpnpwal , T wnuld likP to oe aware of it. I Would like to he
informed of which person or persons, if not the city council
will he authorised in issuing that license.
Let it he understood that each person listed below which
inrinde city and council members & carvPr County Sheriff's
office will receive a copy of this 1pttpr. And will ce
infnrmPd in the flitnrs of Pach and every time I have a
complaint. I will he keeping an log of all barking
disturbances and will oe mailing copies monthly to each
person listed bPlow.
Last time I had the Sheriff out, the officer sat and
listened in my driveway for onwards of a half an hour. He
came hank 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
filpd. I as the person making the complaint was informed it
was going to be filed. Yet the responding officer later
chose not to, That makes me real mad.
My latest two complaints ( 1st) On Tuesday March 1st, 1988
at 1: 00 AM I call Phil and informed of his dogs barking.
He 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 wifts as well as wake up 1
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
have already hollered at them. " But they were. still
-2
harking. Well we were already awake. These are only the
past few times I have called. I have called Phil before at
II
U
night. There have been numerous nights that the dogs bark
Just enough to wake us. It's hard to rail on the first
bark, you lay in bed hoping they quit before you attempt to
makes4 it to the phone & find the number N call . What lam
trying to say is this happens quite frequently, the dogs
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 witnnut
hearing the dogs. The are hungry & usually Phil is tending
them. If people walk by on the street they bark. If I
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 seldom
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 nr another during that time. I do
a lot of writing and often am home during the day, I hear
baking. It seems to go on a int. Often times they don't
bark for long periods of time, but its enough to break the
piece and quiet. And I fad Up
I have owned my property for aprox 9 years. I selected this
area for it's piece and tranquility. The city has seen fit.
to allow a permit- to Phil r'Iathi awi tz for t_ne building of a
garage & kennel. As city officials, 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
away from my home seems to me would d have be far more
workable to all. The fact is, in its location now, rare
and up keep of the dugs is far easier. It's also a fact
that you allowed the kennel location closer to my bedroom
that to Phil 's. And T yi;_S l d the- city liable for that
decision. There was never any contact with met when hsi
kennel was approved, if it was approved, you check your
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 affPrt and the dogs are
aware of all sights and sounds on the street, so they still
bark.
I n reference to Phil's letter of January 11, 1988. Phil
plan for excessive barking 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
night.
Phil states that I have complained when dogs weren't even_
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
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
11
absolute worst and the ghPriff nan't do anything unless the
owners A.re hOMP 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 dngs.
The female was trying to get him to stop because the dogs
were going wild.
The point of the long letter is that Tam SICK & TIRED of
Phil's dogs and his operation. He is operating a commercial
kennel in a residential arPas I have discussed my problem
with a friend who is a prnminant attorney for several
nitieg. 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 cnnnent from
affected neighbors hpfnre issuing cog linPnges. It's about
time that Chanhassen and it's city officials do the sPmP.
Please keep me informed of the actions that you plan to take
in this matter. It's gone on too lnng. T don't want anymore
tRik. T want something done on this problem or I will take
all the action needed through a court of lawn
Sincerely
Al Krueger
Copies
File
Phil i\ithiwitz
Scott Harr, Assistant Prthlir! Safety Director
Al Wallin, Carver county Sheriff
Tom Hamelton, Mayor, City council member
Clark Horn, City Council member
Dale GPing, City council member
Jay Johnson, City council member
Bill Poyt, city Council member
1
CITY OF
C • ANHAssEs
•
i
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
January 12 , 1988 1
II
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, 1
C-S2
�'"
Scott Harr
Assistant Public Safety Director 1
SH:ktm
cc: Jim Chaffee, Public Safety Director 1
1
1
1
1
I . e
' 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
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 II 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.
II
Please feel free to contact me.
Sincerely, II
R221? incz-- -,1:4,a a_<_)-i
Philip Mathiowetz II
1630 Lake Lucy Rd.
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