There was a packed house for Lynden Township’s public hearing concerning Tails of Gold Kennel Monday. For over three and a half hours, citizens voiced opinions and concerns regarding the potential revocation of business owner Valorie LaBeau’s conditional use permit to operate a commercial kennel.
Township attorney Michael Couri began the hearing with a brief overview of what had occurred that led up to this point.
On Nov. 6 the Stearns County Sheriff’s Department executed a search warrant at the 16855 Co. Rd. 44 South Haven property to investigate allegations of possible violations and concern for the well being of animals. LaBeau operates Tails of Gold kennel at the property where she breeds golden retrievers.
Veterinarian Gene Boysen accompanied the officers at the scene and examined most of the adult dogs and many of the puppies, of which there were a total of 70. He found the condition of the dogs to be normal, with no evidence of immediate danger due to poor health or body condition. However he was concerned the condition of the facilities were a potential threat for the spread of disease and parasites.
After the officers had finished their investigation, their incident reports, photos and video determined LaBeau was alleged to have violated nine conditions of her conditional use permit Lynden Township granted her in 2007. The alleged violations included:
1. Boarding in excess of 30 puppies.
2. Boarding in excess of 8 breeding female adult dogs/
3. Boarding in excess of 45 dogs.
4. Stock piling of dog waste.
5. Not properly disposing of dog waste.
6. Primary enclosure surfaces not made of a material that can be cleaned and sanitized.
7. Secondary kennel surfaces not maintained according to an approved waste management and drainage plan.
8. The kennel is not properly registered with the State.
9. The mobile home on the site has been used as a primary and secondary enclosure for the dogs.
LaBeau was given 30 days to correct the violations, after which the township inspected her kennel operation and set the date for a public hearing.
An aerial photograph of the property was shown that Couri used to point out the various buildings and enclosures mentioned in the reports, along with a number of photographs taken during the original sheriff’s investigation and the township’s later inspection.
Couri next questioned Lynden Township’s two witnesses, Deputy Eric Schultz and Building Inspector Nancy Scott. Schultz was asked to verify the photos as the ones taken during the investigation, and Scott was asked to explain her findings after conducting an on site inspection of the property on January 19.
Scott said although many of the alleged violations had appeared to be corrected, the mobile home was still being used to house several animals and none of the floor surfaces were completely impervious so she had concerns with cleaning and sanitizing. She also noted there were no areas for draining and there was some ice build up along the edges of the water dishes inside two of the buildings.
Meeting Chair Gary Stange opened up the public portion of the hearing.
LaBeau’s neighbor Julie Janski said she had no problems with the LaBeau’s, but she did have a problem with the dogs. She stated the dogs have been aggressive towards her, chased their cattle and attacked their dog, and they have to sleep with the windows closed at night because of the barking. The sheriff told her to shoot the dogs if they came on her property.
“I shouldn’t have to carry a gun to get my mail,” Janski said.
Clearwater resident Dan Torgerson asked, “The question I have is does the conditional use permit specify inspection on a regular basis? If not, ought it to?”
A number of people spoke up in support of LaBeau, including Kyle Green from Litchfield who brought his dog, Riley, which he had purchased from Tails of Gold. He read a prepared statement expressing his disgust with the board.
William Wagner, a former employee, recounted how well she cared for the dogs.
“These are highly developed, AKC dogs,” he said. “This is not a puppy mill.”
Anoka resident Julie Gerdes told the board when she was looking to purchase a golden retriever she chose Tails of Gold because the puppies were socialized, healthy, and raised in a home kennel environment.
LaBeau’s son, Elliot LaBeau, said, “She continues to garner high prices for her dogs. This isn’t a mistake; people don’t pay good money for poor dogs. Many of her sales are referrals.”
He stated she uses the mobile home to get the puppies acclimated to a home setting versus being stuck in a sterile environment.
Her daughter, Libby LaBeau, described growing up helping her mom run the business for over 12 years.
At this point Stange mentioned it should be noted that before LaBeau applied for the conditional use permit she’d been operating for five years without one.
Three letters from the public were read. All appeared to have been sent due to a Facebook campaign urging people to write in against Tails of Gold kennel.
After everyone present had a chance to speak, a motion was approved to close the public portion of the hearing with the exception of the property owner.
LaBeau’s attorney, Michael Moline, told the board at his direction his client wouldn’t be speaking tonight. He submitted photos and ribbons to demonstrate to the board all of LaBeau’s animals are award winning, trained agility animals, not just dogs used for breeding, and informed them she has donated animals to become service dogs.
“The fact of the matter is this,” Moline said. “Statements were made that weren’t true. Due to this there were far more resources put into this than a felony drug arrest would have had. This was a criminal search warrant.”
He went on to say, “This is a serious issue to Ms. LaBeau. This is her livelihood. There is no evidence of a crime because there is none. This is a good facility.”
Moline explained the conditions of the kennel that concerned Dr. Boysen had been fixed, and the only hindrance to her getting her state license was the successful outcome of her conditional use permit.
He introduced a Minnesota Board of Animal Health district veterinarian who explained to the board she was assisting LaBeau and other breeders in complying with the new 2015 licensing requirements.
The issue of the impervious surfaces is only an issue because of the mobile home, Moline said. It’s used because it helps the dogs. He suggested its use should be allowed under the conditional use permit because it’s no longer a habitable property, it’s an agriculture outfit used for animal husbandry.
He explained the number of puppies was an aberration related to a new staff member not realizing how important it was to keep the adult dogs separated and had been taken care of.
Township supervisor Dave Johnson said that he found it interesting that in Deputy Schultz’s report it states that LaBeau told him she currently had a kennel license with the township that allows 15 dogs.
“She’s acknowledged that she had a limit and knew it.”
Couri reminded the board that one of the important and big issues they had to decide was the use of the mobile home. This is a violation of the conditional use permit, which she’s admitted to.
Board member James Kantor had one last question. “If the conditional use permit were to be considered for modification would we be allowed on the property without notice? Valorie refused entry a couple of years ago.”
“There are conditions,” Couri replied. “7 a.m. to 7 p.m. Monday through Friday except in case of emergencies. An inspection may happen annually or with just cause.”
A motion was passed to complete the public portion of the hearing. The board felt it was unable to make an immediate decision and adjourned to discuss the issues further at a later date. The meeting was set to continue Feb. 3 at 6 p.m.
