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06/07/2006: "City council to deal with rogue ATVs on city streets"

The use and abuse of 4-wheelers within the city limits was one of the main topics of discussion at the Monday, June 5, monthly meeting. During last month’s meeting, councilmen expressed concern over the use of 4-wheelers or all-terrain vehicles (ATVs) in the city limits. They asked city attorney Dale Riesberg to research any legal avenues they could use to control the ATV traffic.
Riesberg pointed out that it “boiled down” to a few who drive the vehicles with reckless abandonment, which make it tough for the rest of the ATV owners. He reviewed state statutes and told the board ATVs were exempt from vehicle registration.

After talking to the John Thomas, Knox County Attorney, Riesberg recommended the city council pass a resolution, which designates just what is acceptable for the operation of ATVs in the city limits.
A farmer can operate an ATV for agricultural purposes on highways or paved streets so going to Kayton’s for parts or A&D Service to check on tire repair is legal – for farmers. Certain community services can be performed on ATVs within the city limits and provide a valuable answer to public need such as clearing snow from sidewalks or driveways or spraying chemicals on lawns.
Recreation in city limits like tearing up and down streets or racing through the parks will be unacceptable. Citations will be issued to the offenders. The council advised Riesberg to formally compose a city resolution to be reviewed at the next meeting.
An application for a building permit by Ann Kramer was considered at Monday’s meeting. Kramer wants to build a house and garage, 28’x74’ on Luella Street. In order to comply with city setback ordinances, she needs to get variance approval from the two neighboring properties for a narrower setback. Normally the city approves house dimensions of up to 70 feet but she will need to extend either two feet on each side or four feet on one side. Approval is contingent on the easement agreement of the neighboring owners.
Three liquor licenses were approved for upcoming events in Crofton. The first is a liquor license for Wiebelhaus Recreation for a July 29, Hillman wedding at the City Auditorium. Next a license was approved also for Wiebelhaus Recreation for the Alumni banquet at St. Rose Hall on July 1. Finally the liquor license for the Appreciation Day barbecue on July 8 in the South Park with a single perimeter fence as in 2005 was approved. A rain location change to the city auditorium was also approved.
Three of the city’s CDs will mature in the month of June in the amounts of $62,000, $60,000 and $45,000. City clerk Nancy Foxhoven reviewed last summer’s expenses versus income and noticed a substantial increase in summer expenses. This is natural because summer employment is a bigger expense. Also, street repair is going on and unexpected bills may come up. It was suggested to hold $30,000 out of the CDs maturing at this time and place it in the city’s account until summer’s end to be sure funds don’t run out. If not needed it could be reinvested this fall. The council moved to authorize Mayor Vern Wuebben and Clerk Foxhoven to use their discretion in renewing the CDs.
A new law passed by the Unicameral labeled LB1199 deals with sex offenders in the state of Nebraska. The state recommended a model resolution for cities to pass to deal with the subsequent law. This law states known sex offenders may not reside within 500 feet of a school or day care, which is equivalent to 1.5 city blocks.
City attorney Dale Riesberg passed copies of the proposed resolution to council members. He advised them to consider the language and be ready to vote at the next meeting. The law takes effect July 1, and aims to protect the children of all Nebraska communities.
The setup of a fireworks stand was once again approved by the city council. Fly By Night Fireworks again requested to place their ‘pod’ stand next to Countryside Gas & Go, formerly The Gas Pedal, which is under the new ownership of Dave Albers.
After informing the council during miscellaneous time he purchased two new tires for the city police car, Chief of Police Mark Krepel was advised to continue to be on the lookout for vehicles that are being operated regularly in Crofton with out-of-state license plates.
Another discussion during miscellaneous time is the growing concern the city council has for kennels within city limits. Several remarks have been received by council members asking the legal requirements needed for in-town facilities such as kennels. Riesberg will research the matter and see what possible solutions there are to handle these home businesses. Zoning considerations will also be considered along with permits and licenses.