CC_Minutes_2011_1114 - Laserfiche WebLink

Home

Regular City Council Meeting Monday,November 14, 2011 Page 27 At the request of Mayor Roe, City Manager Malinen provided a brief update on his work on the LMC Board's Fiscal Futures Committee to carry legislation al- lowing for cities to put forward a local option sales tax, subject to voter referen- dum, without first getting the blessing of the legislature. Mr. Malinen advised that this would provide a funding source for a menu of capital items —not neces- sarily operations and rolling stock. e. Discuss an Ordinance Amending Chapter 501 Relating to Appeals Process for Potentially Dangerous Dogs Lt. Lorne Rosand and Chief Mathwig provided a background and summary of this request as detailed in the RCA dated November 14, 2011; noting that there had previously been no review process in place to determine potentially vicious or dangerous animals; with subsequent review by the City Attorney with revisions as presented. Discussion included who makes the determination if a potentially dangerous ver- sus a dangerous animal (City Attorney and Police Chief); the documentation pro- cess in place for that determination in accordance with State Statute and City Or- dinance; off-property and on-property totality of experiences taken into considera- tion in making a determination; and the appeal process and dictates of State Stat- ute in who that hearing officer could be, with the City Council not being designat- ed; but rather an official animal control officer or their designee. Further discussion included costs for an independent hearing officer; and the pref- erence for an appeal right in recognition of former Councilmember Kough's pas- sionate concern with this issue; with State Statute requiring that the hearing of- ficer be an impartial employee of the local government or a person retained by lo- cal government to conduct the appeal hearing, and consistency of City Ordinance with State Statute. Chief Mathwig recommended that the City continue to work with the Humane Society to determine aggressive animals as the best course of action; and noted that their representative had agreed to perform the services pro bono for the City of Roseville; and could also designate someone else qualified within the Human Society. Chief Mathwig opined that this would provide experts to make the ulti- mate determination. Pust moved, Willmus seconded, adopting revisions to City Ordinance 1420 (At- tachment A) entitled, "An Ordinance Adding Title Five, Section 501.16 C2 Re- garding a Review Process for Potentially Dangerous Dog Determination and Amending Title Five, Section 501.16 G to Add An Appeal Process for Potentially Dangerous Dog Determination;" as discussed and grammatically corrected (line 17, replace semi colon with comma).