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City Council Minutes <br />December 16, 2019 <br />Page 5 <br />Mr. Glaser noted once obtained the direct order will allow the city to enter the property, <br />but staff can continue to work with the property owner to get voluntary compliance as <br />they see fit. <br />Mr. Beck added the city previously worked on a voluntary arrangement with the property <br />owners, but the owners never signed it and this time the city is seeking the court ordered <br />abatement. <br />Moved by Councilmember Christianson and seconded by Councilmember <br />Westgaard to adopt resolution 19-73 declaring the property at 1772 Tipton Circle <br />NW a public nuisance and ordering the abatement of the public nuisance. <br />Motion carried 5-0. <br />Mr. Rasmussen indicated he feels like he's getting railroaded. Mr. Glaser stated he will <br />speak with Mr. Rasmussen outside and explain the process. <br />8.3 Summary of City Administrator's Performance Evaluation <br />Mayor Dietz read a statement regarding the city administrator's performance evaluation <br />as outlined in the staff report. <br />4.5 Ordinance Repealing and Replacing Chapter 10 Related to Animal <br />Regulations. <br />Councilmember Ovall indicated he received a call inquiring whether the 50% neighbor <br />requirement was removed. Mr. Portner indicated staff worked with City Prosecuting <br />Attorney Scott Baumgartner to include language that can be prosecuted. The old <br />requirement required 50% of the neighbors to complain before a complaint could be <br />prosecuted. He explained past practice has been for complaints to be investigated by the <br />Police Department prior to speaking with the animal owner and this is consistent with <br />how the new ordinance is written. <br />Attorney Beck indicated his recollection is for misdemeanor citations, officers must <br />witness the violation in any case, and he believes Mr. Baumgartner and Chief <br />Nierenhausen revised the ordinance language to be enforceable. <br />Councilmember Wagner verified the current ordinance allows up to three dogs rather <br />than three animal units. Mr. Portner indicated it is three dogs. <br />Moved by Councilmember Westgaard and seconded by Councilmember Ovall to <br />adopt ordinance 19-25 repealing and replacing chapter 10, relating to animal <br />regulations. Motion carried 5-0. <br />The City Council recessed at 7:22 p.m. in order to go in to work session. The meeting <br />reconvened at 7:29 p.m. <br />9.1 Regional Planning Partnership <br />0 Mr. Portner presented the staff report. <br />EN"AU <br />AEI 'r <br />�i <br />