A McCook man with 65-70 dogs on his property, half of them puppies, requested a special exception from the McCook City Council Monday night for a proposed dog kennel but was told to come back with proof that he is licensed by state and government agencies.

The council also directed city staff to see if the city ordinance, which allows up to three adult dogs in a residential neighborhood, can be enforced in the two mile jurisdiction outside city limits.

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Daniel and Lizanne Miller, who live on property zoned agricultural on 71363 Road 685 but within two miles of the city, asked for the special exception to construct a 10 foot by 20 foot kennel, with 16 pens, for breeding and boarding small breed dogs. The Planning Commission gave their approval at the the June 11 meeting but suggested that the kennel be used for breeding only.

Council Chambers were packed with concerned neighbors of the Miller's. After conducting a public hearing, when Miller explained his proposal and neighbors voiced their opposition, the council decided to postpone any action and instead requested licenses from the State of Nebraska and the United State Department of Agriculture, agencies who set the guidelines for commercial breeding and boarding kennels.

"We're not in the dog business," Mayor Dennis Berry said, who with the rest of the council expressed concern about whether the facility was large enough. The council cannot dictate dimensions of a building nor the amount of dogs allowed -- that's the job of state and federal agencies, Mayor Berry said.

Councilman Aaron Kicher agreed. The job of the council is to decide if the special exception meets specific guidelines, he said, such compatibility with neighboring properties and if neighbors would be adversely affected.

Councilman Marty Conroy said he had read some of guidelines required and that it was very strict about space, veterinary care and exercise.

"If we approve this before the state and federal does, we'd be over-stepping our bounds," he said.

Miller, a McCook Planning Commission member who did not act as a Commissioner at the June 11 meeting but sat in the audience, told the council that he and his wife have small-breed dogs such as Pomeranians, Yorkies, Chihuahuas and mixed breeds. He stated that they had received the state license and that the USDA license was pending and added that the kennel would be air conditioned with air vents, each pen having an outside run. Waste from the facility would be hosed into a 1,500 gallon enclosed buried tank that would be pumped out by a disposal service.

The building, to be constructed between a metal quonset and shed, would be in place this weekend, he said, with plumbing and electrical done the following week.

Regarding the high number of dogs, Miller said they had planned to build up their stock of dogs slowly but purchased dogs at half price from a breeder in Lexington who had his license revoked.

After questioning by Councilmember Colleen Grant, Miller said the license was revoked as the breeder "didn't take care of the dogs" but that they were now in good health.

The council also heard from several neighbors of the Miller's and the owner of a McCook kennel, who told of their concerns about the facility. Copies of a petition signed by 12 neighbors who opposed the kennel was distributed to council members.

Pam Gaston, owner of Pet Pros, a boarding/dog grooming business, told the council that she was told by USDA and state inspectors that she couldn't take in any dogs until her kennel was constructed and requirements were met.

State and federal requirements are very specific, she said and include heating and cooling temperatures and size of enclosures. Based on the USDA guidelines, the proposed kennel would not be large enough for the amount of dogs the Miller's have, she said.

"There 's no way their numbers equate out," she said, adding that whelping dogs must be removed once they have puppies. "It's just not possible in that building."

In addition, Gaston said once a breeder is up and running, it's very difficult to close one down. State inspectors come only on a complaint basis and even if a breeder is found to be in violation, "there is very little teeth in any violation," she stated. She pointed to one breeder in Council Bluffs who was repeatedly cited by inspectors but is still in business.

"I'm not against breeding but I am concerned about the quality of care," she emphasized.

Neighbors Joe and Renae Williams and Virginia Brown shared their own concerns. These included where the owners would disposal of dead animals, be it old dogs or deformed puppies, the constant barking and whether there would be any monitoring of the kennel to prevent more dogs than allowed or larger breeds. Decreasing property valuations also came into play.

"Would you buy a home next to a kennel?" Brown inquired. She asked the council to look carefully at the proposed kennel. "Let's do it like its supposed to be done."

The council had their own concerns as well. Councilmember Grant asked what the market would be for the puppies and Miller answered that they would contract with a broker who would then sell them to pet stores.

Grant, who for a short time bred Labrador Retrievers, said in her experience she rarely saw brokers who waited until the puppies are eight weeks old -- six or four weeks was the norm. She added that once a broker had the puppies, the breeder had no control over where they would go.

But Miller said he wouldn't let puppies go until they were the right age and that he knew the stores the brokers used.

Mauor Berry made the motion, seconded by Councilmember Grant, to postpone action until state and federal license were presented to the council. The postponement was unanimously approved.