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Old 08-27-2008, 02:43 PM
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Default Part II

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.

· August 2007 – City Council Meeting held and possible amendments and revised Ordinance Drafts discussed. Governing Body directs City Staff and City Attorney to propose new Ordinance language & bring back options to the City Council.

· November 2007 - City Council discussed options of allowing Harleys Horse to stay but to require the Horse Owners to have a Certified Veterinarian perform a Annual Health Checkup and present the findings to the City Offices along with a licensing and processing fee, similar to the ones required by dogs in the city limits. This solution was not acceptable to the Scotts who voiced their intent not to comply with any such regulation. Modification vote then failed.

· Nov 2007 - City Council voted to have the City Attorney research this issue and report back in Six months, May of 2008, on possible code changes.

· June 2008 - City Attorney reported back on what other Municipalities’ Code and regulations were structured and concurred once again that Harleys Horse was in violation of current Municipal Code.

· August 2008 - Hickman City Mayor sends out letter to the Scott’s notifying them that a Registered Large Animal Veterinarian expressed interest in assisting the Scott’s by relocating Harley’s Horse on his acreage near Firth, south of Hickman. No response was ever received from the Scott’s on this possible solution. Other relocation offers have been received including Prairie Hill Learning Center west of Hickman and other private land owners not affected by City limit boundaries.

· August 12, 2008 – City Attorney reports on what is reasonable number of days for the Scotts to comply with their ongoing Code Violation. He stated that 30 days would be a minimum number.

· August 13, 2008 – Compliance letter signed by Mayor and served upon the Scott’s, Jack & Cheryl property owners and Harley & Lois, horse owners giving them until September 15th, 2008 to comply with existing City Municipal Code banning horses within the City Limits.

· August 26, 2008 – The Governing Body meets and once again discusses "Peter Rabbit" issue which was requested for agenda placement by Governing Body members. This new draft ordinance, which was similar to one considered in Nov of 2007,would repeal the current MUNICIPAL CODE and allow horses into the city limits and require a Permit and other conditional requirements. These conditions would have the Horse Owner provide 1) Presentment to the City: Annual Health Certificate from a licensed Nebraska Veterinarian to ensure the horses pose no health risk to other horses or people, 2) Plan for removal of waste and manure. 3) Proper fencing requirements per Zoning Regulations, 4) Land Requirements of 1.5 acreas of fenced area per horse, 5) And if an existing commerical horse riging stable, training facility or riding arena is annexed then above conditions must be met except for the land requirements.

Discussion was held and the Mayor allowed all Councilmembers to present thier thoughts and solutions. After all members were completed, The Mayor stated some other facts regarding this on-going issue with Peter Rabbit, including the horse owners previous sale of the pasture and land to a Lincoln Developer, the Horse Owners Son buying back the pasture and house area, the Horse Owners Son requesting that Peter Rabbits pasture and area be rezoned from Agricultural Use to Commercial which was approved, and finally Peter Rabbit's Owner Son, Voluntarily Requesting Annexation to the City Limits. Members of the Audience were asked to voice their support for Peter Rabbit and others could voice their Displeasure for the Horse. Only ONE (1) City of Hickman Resident spoke to keep Peter Rabbit in the City and TWO (2) City of Hickman Residents spoke to have the Horse Removed. Report was given on the massive number of emails, letters, and phone calls that have been received world wide from supporters of Peter Rabbit. It was noted that there were surprisingly very low support numbers that had been received from City of Hickman Residents. Peter Rabbits owners were not in attendance as they were out of state and Horse Owners Son/Property Owner was not at the Meeting, even though he was contacted the week before by the Govering Body who had this issue placed on the Public Agenda.

A motion to suspend the three reading requirement and to introduce the new ordinance allowing Horses to remain in the City Limits was read by title. A Motion and Second was heard to accept proposed new ordinance. On a roll-call vote the new ordinance was defeated on a vote of 2-4.

http://www.hickman.ne.gov/
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