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SPECIAL COUNCIL MINUTES January 4,2011 <br /> APPROVED <br /> 45 Sawh was reluctant to agree to make the arrangements because it is a financial hardship; he added that <br /> he is offering to begin the necessary dog training immediately upon Brody's release. <br /> 47 <br /> 48 Attorney Monge added to the record a letter he received from Mr. Sawh's attorney requesting the stay, <br /> 49 and also his letter to Mr. Sawh's attorney that gives notice of the meeting this evening. <br /> 50 <br /> 51 The mayor reminded Mr. Sawh that some members of the council had great concern about allowing <br /> 52 the dog to remain after the second bite. The council has a responsibility to protect the public. <br /> 53 <br /> 54 Attorney Monge explained that the appeal is pending in the Court of Appeals. Previous council <br /> 55 proceedings are being transcribed and provided to Mr. Sawh's attorney as they are available. There <br /> 56 are no oral arguments scheduled at this time. The matter at hand would be to review the city <br /> 57 council's November 8 and November 22 decisions,with a request to stay the proceedings of the city. <br /> 58 It was felt that Mr. Sawh should approach the city first regarding the stay. The court would have the <br /> 59 discretion to deny or approve his request for a stay, and could also place conditions with the action. <br /> 60 <br /> 61 Council Member O'Donnell moved to grant the request for a stay as long as the conditions outlined in <br /> 62 the findings of fact are followed by Mr. Sawh. Council Member Gallup seconded the motion. <br /> 63 <br /> 64 The council discussed the implications of the motion (i.e. schedule for the court of appeals,the type <br /> 65 of action the court could take). <br /> 66 <br /> 67 When Mr. Sawh asked if the council could change the options to allow the dog to be kept at home, <br /> 68 Mayor Reinert explained that the council is considering the options recommended by legal counsel. <br /> 69 <br /> 70 Motion was adopted on a voice vote. Council Member Rafferty recorded as voting"no". <br /> 71 <br /> 72 ADJOURN, <br /> 73 <br /> 74 There being no further business, Council Member Gallup moved to adjourn at 6:15 p.m. Council <br /> 75 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. <br /> 76 <br /> 77 These minutes were considered and approved at the regular Council Meeting, January 24, 2011. <br /> 78 <br /> 79 • <br /> 80 <br /> 81 Julianne Bart , City Cler Jeff 'einert, Mayor <br /> 82 <br /> 2 <br />