[392cobra]

The city's website has been updated with the following.
There is certainly two different sides to this story,as is normal.

Part I

Harley’s Horse - Peter Rabbit
“The Rest of the Story”
* Updated August 27, 2008 *
· Municipal Code 6-202, stating that Animals are banned from Municipality, and that it shall be unlawful for any person to keep or maintain within the corporate limits any horse, mule, sheep, goat, swine, or other livestock was introduced in June 1988 and approved for recodification at Hickman City Council Meeting. The vote was approved by a 5-0 margin with City Council Member Jack Scott voting “Yes” on it.

· 1988 – 2002 - Jack Scott, currently property owner of Scotts Creek Subdivision, served on the Hickman City Council for 14 years.

· 1999 – 2006 - Cheryl Scott, currently property owner of Scott’s Creek Subdivision, was employed by the City of Hickman in various capacities including code enforcement and sending out notices to violators of this exact ordinance.

· March 8, 2005 – Building Permit Issued to Scotts for a Pole Shed at 18801 S. 68th in the Scotts Creek Subdivision area. The permit was dated 3-8-05 and documents show the City Building Inspector actually approved the plans on Sept. 2, 2005.

· March 8, 2005 - Hickman City Council approves Ordinance #2005-09 where Scott’s Creek Subdivision, is rezoned from TA, Transitional Agricultural to CB – Commercial Business.

· Research by City Staff finds that area of Scott’s Creek Subdivision is not owned by Kubr Construction & Development, and is actually owned Cheryl and Jack Scott, (verified from Lancaster County Register of Deeds records) who bought the pasture and rental house that Harley and Lois Scott currently reside in. Kubr’s adjacent Development is known as Scott’s Creek 1st Addition.

· Further research indicates this pasture and Scott’s house is actually known as “Scott’s Creek Subdivision” owned by Cheryl & Jack Scott of Hickman, and that the Scott’s Subdivision & Final Plat was approved in 2005 by Governing Body Ordinance action. Numerous Governing Body members surveyed in 2006 were unaware that Cheryl and Jack Scott owned this property when the Final Plat action took place and thought Dan Kubr actually owned the subject property.

· November 2006 – Cheryl & Jack Scott Submit a written request signed by Jack D. Scott, requesting VOLUNTARY ANNEXATION into the City.

· November 2006 – City Resolution #2006-18 passed by Hickman Governing Body that grants request of Annexation of Scott’s Creek Subdivision owned by Cheryl L. & Jack D. Scott.

· December 2006 – City Ordinance #2006-16 passed by the Hickman Governing Body annexing Scott’s Creek Subdivision into the Corporate Limits.

· Dec2006 – June 2007 – City Staff verbally inquires to the property owner of Scott’s Creek Subdivision, Jack Scott, when he is going to comply with the City Code and have the horse removed from his property that he now owns. Verbal exchanges occurred at the City Utility Office and at City Council Meetings. Some of his verbal responses to this question were that “Its not my horse, it is my Dad’s” and “Isn’t it grandfathered until it dies? “, which he was told once again that it wasn’t.

· Jan2006 – May 2007 – City receives verbal and written complaint documents from Residents of the City of Hickman requesting why the Scott’s were allowed to still have Livestock in the city after they voluntarily had their property annexed.

· June2007 – City Council instructs Staff to send out Certified Letter on the outstanding violation regarding Municipal Code 6-202 to the Scott’s Creek Subdivision Property Owners, Cheryl L. and Jack D. Scott, along with copies to house tenants, Harley and Lois Scott. Compliance deadline is set for July 26th, 2007.

· July 2007 - City Hall is notified by United States Postal Service that Jack & Cheryl Scott had refused to pickup and sign for Certified Letter three times on June 25, 2007, June 30, 2007 and July 10, 2007 that the notice document letter was returned by the USPS as “Refused” & “Unclaimed” by the Scotts.

· July 2007 - City Attorney advises since the Scott’s Refused the Certified Letter that it be served upon them by Sheriffs Service. A newly prepared letter redated to July 10th notifying Jack D. & Cheryl L. Scott of the continued horse violation was officially served upon them by the Lancaster County Sheriff’s Department on Tuesday, July 10th, 2007.

· July 2007 - The City received an “Unsigned” letter in an envelope from J.D. Scott of PO Box 28, Hickman requesting that the City Council “Make an Exception for them to allow the Horse to Remain”.

· August 2007 – The City sends out Certified Letters to Jack & Cheryl Scott and Harley and Lois Scott, notifying them that their request for a hearing for an “Exception” to City Municipal Code would be held at the next Governing Body on Tuesday, August 14, 2007.

· August 2007 - City Council Meeting held and “Exception” request heard by Governing Body. Comments in support and against were heard on the floor and comments from Harley Scott that they should be allowed to keep the horse and these city letters and requests were unnecessary and the horse should be left alone.

· August 2007 - Property Owner Jack Scott when questioned if they had a financial incentive to get rid of the horse, Mr. Scott stated that “They would have no choice if McDonalds went in next to them but to get rid of the Horse.”

· Media reports after the meeting quote Scotts stating that they were not “Budging” and that the Horse should be “Left Alone.” An additional quote was that “They’re going to have to come and get me with the State Patrol and Humane Society.”

· August 2007 - City Attorney directed to explore other options that other Nebraska Communities may have provided in similar circumstances before next meeting.

· August 2007 – During the City Council Meeting, the City Attorney concurred that no “GRANDFATHER CLAUSE” exists due to the fact this is not a zoning issue, but rather a direct Code Violation.