04-07-2020 Special City Council Meeting Minutes (2)

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Special City Council Minutes Apri17, 2020 Page7of8 � ------------------------------ Mayor Tayloe closed the public hearing. Council Member Pederson said there was no disagreement that Jax was the dog that did the biting so it is definitely his my opinion that the evidence shows that the dog Jax, is already deemed a potentially dangerous dog. He said what they are wrestling with is the Council goes from potentially dangerous dog to a dangerous dog. He stated that he has a clear understanding of what took place and he is also clear with the statutes since they have gone through this before. He stated that they have dealt with a dangerous dog situation before and he understand how that works. Council Member Akerson stated that he agrees with Council Member Pederson and the damage that was done to the little boy was unfathomable and he has his mind made up. Council Member Swanson stated that this is a family tragedy and she hopes that the family is not destroyed by this. She said in listening to Mrs. Randuenz it makes perfect sense that the dog was unprovoked and it seems to her that the label of a dangerous dog fits. Mr. Rose asked to go on record that he is objecting to any of the evidence and statements being considered because they are not provided by Mr. Rose or anyone that witnessed it. He stated that he has issues with the jurisdiction, timing of the hearing and he has procedural deficiencies and any dangerous dog designation is completely � contrary to the weight of any evidence provided by the police report or anything at this hearing. Council Member Seils stated that she agrees with the rest of the Council. She said it really bothers her that a dog that's unprovoked could bite a child and it be as serious as it is and looks. She agrees with Council Member Swanson that it is sad that it has to do with family and it doesn't go away that easy. She stated that she feels so bad for that five-year-old because he is going to be living with this for maybe for the rest o#his life and that it may never go away. She stated that she agrees with the rest of the council. Mayor Tayloe stated that he agrees with the rest of the Council. Nancy Malecha stated that the City Council will need to make a motion to approve resolution making factual findings and order affirming or overruling the March 8, 2020 potential dangerous dog declaration during open meeting. Ms. Malecha read the conclusions to the City Council. She said number one says that Jax's inflicted a bite on a five year old child without provocation. Applicant's dog Jax's was a potentially dangerous dog as defined by Minnesota statute and number finro the City Police Department's March 8th, 2020 potentially dangerous dog declaration with respect to Jax is hereby affirmed in its entirety. Council Member Swanson stated that the have determined that the dog is dangerous and then she is unclear on what happens after that. �-- Mr. Rose stated the order says potentially dangerous.