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HomeMy WebLinkAbout01-04-2011 Council Minutes SPECIAL COUNCIL MINUTES January 4,2011 APPROVED • CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : January 4, 2011 6 TIME STARTED : 5:33 p.m. 7 TIME ENDED : 6:15 p.m. 8 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator Jeff Karlson; Director of Administration Dan Tesch; 13 League of Minnesota Cities Attorney James Monge; Chief of Police Kent Strege; and City Clerk Julie 14 Bartell 15 16 The meeting was called order at 5:33 p.m. in the Community Room at Lino Lakes City Hall. 17 18 PUBLIC SAFETY DEPARTMENT REPORT,Kent Strege 19 20 A) Hearing to consider Mitchell Sawh's motion for a stay of disposition regarding his dog, 21 Brody. 22 23 Mayor Reinert read a statement regarding Mr. Sawh's motion. 24 25 Mitchell Sawh addressed the council. He distributed and reviewed two letters from his wife,Andra 26 Sawh, containing information on two of the biting incidents and Mr. Sawh stated that he would like to 27 focus the council's attention to those two incidents. In examining the biting incidents(one in 28 October and one in November), Mr. Sawh pointed out that the first incident involved a woman 29 coming into his yard uninvited and acting frantically, and the second incident involved a delivery man 30 entering the basement without permission. He further explained that Brody the dog has been around 31 many people, including children, without incident. The council should consider the circumstances of 32 the incidents. There is also some question about whether the first incident was really bite or more of a 33 scratch. The council was reminded that they had received extensive information at previous council 34 meetings also. Mr. Sawh asked the council to reconsider the situation based on the information 35 presented. 36 37 Police Chief Strege responded, regarding the first incident, it was reported to the Police Department 38 as a dog bite. 39 40 Attorney Monge asked what relief is being requesting from the council and Mr. Sawh responded that 41 he would like to bring his dog home with the understanding that he would follow whatever 42 restrictions are requested. Mr. Sawh explained that the dog is unhappy at the facility. Attorney 43 Monge asked, if the council were to order a stay of the disposition, would Mr. Sawh be agreeable to i 44 making financial arrangements to keep the dog confined at the facility pending court action? Mr. �../ 1 SPECIAL COUNCIL MINUTES January 4,2011 APPROVED 45 Sawh was reluctant to agree to make the arrangements because it is a financial hardship; he added that 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 Bart , City Cler Jeff 'einert, Mayor 82 2