The City Council broke new ground in granting two conditional use permits this week that will allow the applicants to keep up to 10 dogs each.

However, council members said they were powerless to grant tongue-in-cheek requests from two city employees who asked that the de-barking stipulation in the permits be extended to include sisters-in-law and unruly children.While the city's special animal permit does not set a limit on the number of dogs that can be allowed, the council has traditionally limited the number to six. During September the city received two requests to allow 10 dogs and one for 15 dogs. The Planning Commission rejected one application when the applicant insisted that it be eight dogs or nothing and recommended the other two be approved with a limit of six dogs each.

Gerald W. Smith, who owns four acres of land at 847 W. 106th South, said he requested 10 because he owns that number and would like to bring them all together in one location. He said he plans to invest about $12,000 in a kennel building that would allow the animals to be inside from 8 p.m. to 6 a.m. as stipulated by the Planning Commission.

Smith said all but two of his dogs have been de-barked and that he would agree to de-barking all dogs if they become a noisy nuisance. He also agreed to periodic visits by animal control officers to verify that no more than 10 dogs are being kept.

The council voted unanimously to approve the request.

Charles P. Koontz requested a permit for 15 dogs at a kennel he plans to build on a 5.3-acre site at 490 W. 110th South. Koontz, whose purchase of the land is contingent on the conditional use permit, said he has plans to eventually turn his operation into a commercial venture through a boarding and a grooming business. He believes 15 dogs are needed to make the venture economically viable.

Councilman Bob Mascaro moved to grant the permit for 15 dogs, but the motion failed to get a second. Councilwoman Merlynn Newbold then moved to limit the number to 10 with the stipulations that Koontz purchase the entire 5.3-acre plot as proposed, that the animals be de-barked if a nuisance situation develops and that animal control officers have access to verify the number of dogs being kept. Koontz indicated the limitation could affect whether he goes ahead with his plans but did not withdraw his request.