12/13/2010 Council Packet - Laserfiche WebLink

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• • To: Mayor and Council From: Jeff Karlson, City Administrator Date: December 13, 2010 Re: Update on Dangerous Dog Agreement Background City Attorney Joe Langel contacted the Sawh's attorney last Monday about the agreement. The following day, the City was served a notice that Mitchell Sawh is appealing the City Council's decision to declare Brody dangerous and the Council's subsequent order to destroy the dog after it bite a third person. On Friday morning, Mr. Langel informed me that he had a couple of conversations with Teri Ayling, counsel for the Sawh's. She asked if there was any chance of exploring some settlement terms with the City. Joe replied that he needs concrete terms to convey to the City Council if they want a settlement. Ms. Ayling also said the Sawh's would like to get their dog back at some point. Joe told her that he did not see this as a possibility given that the Council has ordered the dog to be destroyed. Ayling is going to talk to the Sawh's and see if they want to make a specific proposal to the City. I also spoke with the attorney from the League of Minnesota Cities, Pat Beety, who will be handling the appeal on behalf of the City. Both she and Mr. Langel affirmed that without an agreement from the Sawh's by Monday night, the City Council resumes the right to act on its original order to destroy the dog in accordance with the City ordinance. Barring an agreement, the only thing that would preclude the Council from carrying out its November 22 decision would be a court order obtained by the Sawh's. Joe Langel will provide additional information for the Council at Monday night's meeting. Requested Council Direction Staff is seeking further direction from the Council.