HomeMy WebLinkAboutMay 6, 2019SPECIAL SESSION MINUTES
May 6, 2019
4:40 p.m.
Harold E. Getty Council Chambers
The Council of the City of Waterloo, Iowa, met in Special Session at Harold E. Getty Council
Chambers, Waterloo, Iowa, at 4:40 p.m., on Monday, May 6, 2019. Mayor Pro Tem Sharon
Juon in the Chair.
Members present: Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Mr. Jacobs arrived at
5:07 p.m.
146172 - Schmitt/Amos
That the Agenda, as proposed, be approved. Voice -vote Ayes: Six. Motion carried.
Ms. Juon explained the council business is a hearing to appeal the decision of Waterloo
Animal Control to deem a dog dangerous.
Dave. Zellhoefer, City Attorney, presented evidence on behalf of the City of Waterloo. Sandie
Greco, Brian Bosen, and Sonya Snapp presented testimony regarding three bites that occurred.
Mrs. ,Juon asked what the subsequent action is after deeming a dog dangerous.
Sandie Greco explained that in accordance with the city ordinance, the dog will be destroyed.
Mr. Morrissey asked the breed of the animal and how long have the Moschke's owned the
dog.
Dave Zellhoefer explained that the dog is a tan male pit bull approximately 5 years old.
Mrs. Klein asked if the dog is licensed with the city.
Dave Zellhoefer confirmed.
Mr. Morrissey asked if the city becomes aware of this, especially on a repeated basis, must the
victim request the citation or can the city not pursue that independently.
Dave Zellhoefer explained the city can issue a citation, but the victim must be willing to
testify.
Cherish Moschke, 1644 Oakwood Drive, presented a letter on behalf of Simon from the
manager of Paw Prints Salon where the dog is currently being boarded. She explained they
adopted the dog, which actually belongs to her daughter, from the Cedar Valley Humane
Society approximately 3 to 4 years.
Mrs. Moschke provided an explanation of how each of the incidents occurred and why she
believed the dog was simply protecting her family.
Mrs. Juon asked if during the time the dog was boarded at Paw Prints was it isolated or
exposed to other dogs or adults.
Mrs. Moschke confirmed that most of the time the animals are isolated in their own kennels,
but that he was exposed to several adults that run the business, and also had to pass by other
dogs when it was let out to go outdoors. There were no incidents there.
Mrs. Juon asked about other incidents where the dog exhibited aggression towards other
animals or other human beings.
Mrs. Moschke explained there has been no aggression toward other animals, but recounted an
incident where he did bite another person approximately one year prior to these bites, when
the dog was living with her daughter.
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Mr. Morrissey asked if Mrs. Moschke received the definition of a dangerous animal and if she
believes her dog fits the description.
Mrs. Moschke explained she received a two page document from the Clerk's office and she
does not believe the dog meets the definition then asked if the definition could be read to her.
Mr. Morrissey read the definition of a dangerous dog from the city code or ordinances.
Mrs. Moschke stated she does not believe he fits the description because she does not believe
the act of the dog was unprovoked. There was a reason for him to bite and that was that he
was protecting the kids and grandkids.
Carrie Moschke explained that Simon is well behaved while on walks, at home with the cats
but is very protective when the children are around.
Mr. Morrissey asked what options for the dog are, if council should affirm it should be
deemed dangerous and if the council could suggest options.
Sandie Greco explained that according to the city ordinance there are no options, and the dog
will be destroyed humanely.
Mr. Amos commented that before making the motion, he wants to say that when a dog in the
community is biting, it is his concern that while the dog is being protective, it still has the
opportunity to do the things that it is doing.
146173 - Amos/Klein
To affirm the decision of Waterloo Animal Control to deem Simon, owned by Cherish
Moschke, a dangerous dog. Roll call vote -Ayes: Seven. Motion carried.
Mr. Feuss commented that he agrees with Mr. Amos, and though it is a very tough decision,
when there is a dog that is being protective, one more time could do much worse.
146174 - Schmitt/Amos
that the meeting be adjourned at 5:12 p.m. Voice -vote Ayes: Seven. Motion carried.
'Kelley Felchle
City Clerk