Two agenda items - removal of a dog from the city and where housing should be allowed - took up the majority of the Wayne City Council meeting on Tuesday.
Allison Szantor-Kai was present at the meeting to appeal the city's decision to deem her dog vicious and have it removed from the city.
She said that in February of 2022 the dog had slipped out of the front door and attacked another dog. She said she spoke with the dog's owner and offered to pay for the vet bills for the incident but the owner declined. Since that time she has installed an electric fence on her property and gotten a shock collar for the dog.
Szantor-Kai outlined the sequence of events that took place on May 13 of this year, which included the fact that her daughter and the neighbor's daughter had spent time playing together and after the neighbor's child had gone home, she and her brother were planning to return to the Szantor-Kai home. At this time, the dog ran off her property and nipped the leg of the boy.
"I feel horrible that this happened. My dog has not been aggressive before and has been our companion since shortly after moving to Wayne. While she has been at the Vet Clinic she has not been aggressive to anyone there," she said.
The dog in question is a 29 lb. rat terrier mix who Szantor-Kai got from a rescue.
Police Chief Marlen Chinn outlined the timeline and action taken in regard to the dog.
He noted the dog bit a child on May 13 and the child was taken to Providence Medical Center for treatment. The police department was notified of the incident and contacted the dog owner for verification of vaccination and found that the dog was not properly registered in the city of Wayne.
Investigation revealed that the dog had previously bit another dog but that incident was not reported. Both of these cases happened when the dog was off the owner's property.
Because of these incidents, Chief Chinn told the council the dog meets two of the five criteria outlined in the city's ordinance in regard to "vicious dog" and the owner was informed that the dog needs to be removed from the city limits.
Several council members shared their thoughts on the situation and noted that because the fence on the property does not seem to be working "we need to find a solution. We have to be neighborly and live together. We can't be guaranteed this won't happen again."
Council member Matt Eischeid said the council "wants to see both sides of the situation, but we have the opportunity to stop this from happening again. This is why we have ordinances."
City Attorney Miller explained the language of the ordinance and Szantor-Kai's options moving forward, including returning the dog to the rescue where she obtained it.
Chief Chinn said that he has been made aware of the fact that there is a family without young children who is willing to take the dog on a trial basis.
After the discussion, council members voted unanimously to deny the appeal.
Council members also debated an ordinance that amends the future land use map for the city.
Council member Eischeid explained his reasons for voting against the ordinance.
"Several months ago we tabled the ordinance and asked the Planning Commission to come up with a solution that would allow houses to be located in the area (along South Main Street). They did not do so. There are houses there now and it doesn't make sense the area is zoned Business and Industry," Eischied said.
City Planner Joel Hansen told the council the Planning Commission discussed options and the effect they would have on the property owners in the area before recommending the proposed map to the council. He also indicated that the city can not use spot zoning for specific areas.
Following the debate, council members voted 6-1 to approve the ordinance on second reading.
In other action, the council gave second reading approval to an ordinance which authorizes the release and abandonment of an easement on Lots 1 and 2 in the Hillcrest Addition of the city.
Following a public hearing, the council took steps to acquire a parcel of land from Battle Creek Cooperative Nonstock and authorize the sale of a piece of property to Battle Creek Cooperative Nonstock.
The two actions involve and exchange of small parcels of land and clean up the legal descriptions.
Council members approved a pay application in the amount of $34,616 to OCC Builders LLC for the Freedom Park Trailhead Project. They also received updates on the work that has been completed on the project.
An update was given on the new Police and City Municipal Building Renovation Project. It is anticipated that by the second council meeting in July the council will be able to approve plans for the project.
The Wayne City Council will next meet in regular session on Tuesday, June 20 at 5:30 p.m. in council chambers.
