City of Sergeant Bluff, Iowa - City Council Special & Budget Meeting Minutes

1. CALL TO ORDER:

Attendee Name Title Status

Ryan Panowicz Present

Mark Reinders Absent

Kirk Moriarty Present

Andrea Johnson Assistant Mayor Pro Tem Present

Ron Hanson Mayor Pro Tem Present

Jon Winkel Mayor Present

2. HEARING & DECISION ON ORDER TO REMOVE VICIOUS DOG:

Mike & Laurie Byrne, 506 Jamie Lane, were present to appeal the order. Attending with them were three daughters and a grandson.

Officers Joe Ebner and Brent Rosendahl were present.

Documents provided to the City Council and Appealing party were: the Order to Remove Vicious Animal from the City, photos of injured individual, the Police Report, an Appeal Letter, and a written comment from a nephew of Mike written in support of retaining the dog.

Mike submitted additional documents at the meeting which included: A letter from Mike and Laurie advocating for retaining their dog (Roam), a letter from their grandson Alex Shores advocating for retaining Roam, a letter from their granddaughter Aaliyah Shores advocating for retaining Roam, veterinary records, pet medication information, a variety of testimonials from family and friends in support of retaining Roam, and pictures of Roam.

Mike described the value the dog has to him and his family, the seriousness of the situation, that he would commit to preventing another incident from happening again, and that he will accept the City Council's decision. Mike stated that the person who was bitten has been a hero to his grandsons, and the family feels huge remorse for the incident and how it would impact her (the victim) going forward. He says it was a fluke incident and does not believe his dog is dangerous.

The Mayor and City Council reviewed the documents submitted by Mike.

There was discussion between the appealing party and the City Council about the age of the animal, the nature of the animal, methods used for controlling the animal, the medication the animal is currently on and how that may impact the behavior of the dog, that the animal is a foster dog rescued via Noah's Hope, trauma and triggering events experienced by foster dogs, and methods used by the family of controlling the dog,

Joe Ebner explained that it was a significant bite and unprovoked. He expressed a concern that someone else could get bit. He also stated that the victim of the bite is not yet back to work. The description in City Code 56.01.1.D(2) that states "Any dog or other animal which, when unprovoked, inflicts bodily injury upon a person." is what was applied to the order for removal.

Mike disputed the proposition that the bite was unprovoked and described ways the provocation could have been done without intention. Mike stated he didn't necessarily have proof of provocation as the incident occurred with just the young kids and the person who was bitten, and the young kids have been unable to provide a consistent recollection of the event. The family also expressed that Roam was on a pain killer pill for a recent injury that could have contributed to the incident. There was extended discussion about what constitutes an animal being provoked and what could have occurred and liability concerns.

2.aCouncil Decision to Either Affirm or Reverse the Order to Remove Vicious Dog From The City - Owner Residing at 506 Jamie Lane

Mike requested more time to remove his dog in the event that City Council affirm the order to remove the dog. The City attorney stated that the ordinance allows the Council to provide more time, but no more than 30 days. The City Council and appealing party expressed that this is not an easy decision and is an unfortunate event for all of those involved.

Motion by Andrea Johnson, seconded by Ryan Panowicz to Affirm the Order to Remove Vicious Dog From the City (owner residing at 506 Jamie Lane), and to allow the owner until February 28, 2025 to remove the dog from the city limits.

Motion Carried. [Unanimous]

3. BUDGET MEETING:

3.aFY 25-26 Budget Meeting #5 - Library, City Clerk, General Buildings, Council

The budgets of the Library, City Clerk, General Buildings, and Council were discussed.

There will be no budget meeting the week of February 10th-14th. Budget workshop #6 will be rescheduled to a later date in February.

4. ADJOURNMENT:

Motion by Ryan Panowicz, seconded by Kirk Moriarty to adjourn at 6:42 pm. Motion Carried. [Unanimous]

Mayor/Mayor Pro-Tem

Attest:

Danny Christoffers, City Clerk