01/24/2011 Council Packet - Laserfiche WebLink

Home Search

SPECIAL COUNCIL MINUTES January 4, 2011 DRAFT 45 Sawh was reluctant to agree to make the arrangements because it is a financial hardship; he added that 46 he is offering to begin the necessary dog training immediately upon Brody's release. 47 48 Attorney Monge added to the record a letter he received from Mr. Sawh's attorney requesting the stay, 49 and also his letter to Mr. Sawh's attorney that gives notice of the meeting this evening. 50 51 The mayor reminded Mr. Sawh that some members of the council had great concern about allowing 52 the dog to remain after the second bite. The council has a responsibility to protect the public. 53 54 Attorney Monge explained that the appeal is pending in the Court of Appeals. Previous council 55 proceedings are being transcribed and provided to Mr. Sawh's attorney as they are available. There 56 are no oral arguments scheduled at this time. The matter at hand would be to review the city 57 council's November 8 and November 22 decisions, with a request to stay the proceedings of the city. 58 It was felt that Mr. Sawh should approach the city first regarding the stay. The court would have the 59 discretion to deny or approve his request for a stay, and could also place conditions with the action. 60 61 Council Member O'Donnell moved to grant the request for a stay as long as the conditions outlined in 62 the findings of fact are followed by Mr. Sawh. Council Member Gallup seconded the motion. 63 64 The council discussed the implications of the motion (i.e. schedule for the court of appeals, the type 65 of action the court could take). 66 67 When Mr. Sawh asked if the council could change the options to allow the dog to be kept at home, 68 Mayor Reinert explained that the council is considering the options recommended by legal counsel. 69 70 Motion was adopted on a voice vote. Council Member Rafferty recorded as voting "no ". 71 72 ADJOURN 73 74 There being no further business, Council Member Gallup moved to adjourn at 6:15 p.m. Council 75 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 76 77 These minutes were considered and approved at the regular Council Meeting, January 24, 2011. 78 79 80 81 Julianne Bartell, City Clerk Jeff Reinert, Mayor 82 2 -50- • • •