Archive Center • Council 11/12/2002

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Kearney, Nebraska

November 12, 2002

7:30 p.m.

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on November 12, 2002, in the Council Chambers at City Hall. Present were: Peter Kotsiopulos, President of the Council; Michaelle Trembly, City Clerk; Council Members Bruce Blankenship, Randy Buschkoetter, Don Kearney, and Jose Zapata. Absent: None. G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Craig Peister, Gregg Johnson, George Volz, Ken Tomlon, Dale Gibbs, Jeff Palik, Mike Yost, Mike Malone, John Gardner, Jack Wilkins, Dave Glaze, Chuck Dink, Dennis Houska, Ed Kielbasinski, Mitch Humphrey, Marlo Johnson, Jennifer Johnson, Paul Fredrickson, Wes Liehs, Arthur Langvardt, Mike Konz, Mike Cahill, Billy Boyer, 4 UNK students.

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes. Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes. Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council. All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

I. ROUTINE BUSINESS

INVOCATION

Reverend Marv Koelling of First United Methodist Church provided the Invocation.

PLEDGE OF ALLEGIANCE

Zach Seaton led the Council members and audience in the Pledge of Allegiance.

ORAL COMMUNICATIONS

There was no Oral Communications.

II. UNFINISHED BUSINESS

There was no Unfinished Business.

III. PUBLIC HEARINGS

BOARD OF EQUALIZATION - 2000 PART VI IMPROVEMENTS, 2000 PART III IMPROVEMENTS, 2001 PART I IMPROVEMENTS, 2001 PART V IMPROVEMENTS

Mayor Kotsiopulos stated that Administration has recommended continuing the public hearing until November 26, 2002 on Paving Improvement District No. 2000-839 for Antelope Avenue from Highway 30 North 2,020 feet.

Moved by Kearney seconded by Buschkoetter to continue the public hearing for the Council to meet as the Board of Equalization to assess costs for Paving Improvement District No. 2000-839 for Antelope Avenue from Highway 30 North 2,020 feet until November 26, 2002. Roll call resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried.

Mayor Kotsiopulos opened the public hearing for the Council to meet as the Board of Equalization to assess costs for the 2000 Part VI Improvements consisting of Paving Improvement District No. 2000-822 for Central Avenue from Talmadge Street to 11th Street; 2000 Part III Improvements consisting of Paving Improvement District No. 2000-838 for Avenue E from 51st Street to 56th Street, Paving Improvement District No. 2000-841 for 21st Street from 28th Avenue east 351 feet, Paving Improvement District No. 2000-842 for 28th Avenue from 21st Street to West Villa Drive, Paving Improvement District No. 2000-843 for 52nd Street from Avenue E east to its terminus in a cul-de-sac, Paving Improvement District No. 2000-850 for 28th Avenue from 37th Street north to a point 150 feet south of 42nd Street, Water District No. 2000-509 for 28th Avenue from 21st Street to West Villa Drive and 21st Street from 28th Avenue east 351 feet, Water District No. 2000-510 for 52nd Street from Avenue E east to its terminus in a cul-de-sac, Water District No. 2000-515 for 28th Avenue from 37th Street to 39th Street, Sewer District No. 2000-452 for 28th Avenue from 21st Street north 270 feet, Sewer District No. 2000-453 for 52nd Street from Avenue E east to its terminus in a cul-de-sac, Sewer District No. 2000-458 for 28th Avenue from 37th Street to 39th Street; 2001 Part V Improvements consisting of Paving Improvement District No. 2000-829 for the alley between Central Avenue and 1st Avenue from 21st Street to 22nd Street, Paving Improvement District No. 2000-844 for the alley between Central Avenue and 1st Avenue from 21st Street to Railroad Street and to consider Resolution No. 2002-258.

These districts have been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited.

The City Council is asked to sit as a Board of Equalization to levy the assessments. Property owners will then be required to pay the first installment within 50 days (January 2, 2003) or will be able to pay the entire assessment without any interest prior to this date. The City of Kearney has already issued warrants to pay for the construction work.

Paving Improvement District Nos. 2000-822, 2000-829, and 2000-844 involved CRA funding and City funding to alleviate the burden placed on property owners. In accordance with City policy on reconstruction projects, the City picks up 25% of the cost of construction that would normally be assessed to property owners. The remaining 75% of the potential assessment was equally split among the CRA and the property owner if the amount did not exceed the annual TIF allocation authorized by the CRA.

The City will recoup the costs associated with the construction of paving and improving the streets within such Paving Districts, except the cost of paving and improving the intersections of streets or avenues and spaces opposite alleys in such Paving Districts and will recoup the cost of installation of mains in said Water and Sewer Districts.

Mayor Kotsiopulos read through each district and asked if there was anyone in the audience that wanted to discuss it further.

Attorney Arthur Langvardt, representing Marlo and Jennifer Johnson, addressed the Council. He stated the Johnsons received an assessment for their property along Central Avenue for $30,686.04. His purpose is to establish the benefit that the Johnsons received from the paving project and maintains that they have received none at all. The street in front of their property was widened and paved only three or four years ago and was in perfect condition. The street was adequate for their needs. He believes that the street was not widened because of the needs of the property holders along the street, but because (he presumes) of anticipated traffic to and from the Arch and to downtown from there. This might be a worthy motive and a reason to widen this street, but it does not mean that anyone along that street received any special benefit. All of the Johnsons’ property along the east side of this project is developed. There are some segments that cannot be developed due to the lake coming so close and nothing can be built there with city setbacks. Nothing is ever going to be built there; they are just narrow strips along the street.

He asked the Council for the measurements that determined the assessment. Director of Public Works, Rod Wiederspan, answered that front footage of approximately 691 feet was assessed.

Mr. Langvardt stated that he knows that it is customary for improvement districts to be assessed by the foot, but that it is not something required by law. It is merely an option that the statues give for a way to adequately divide the special benefit. Other methods can be used to assess.

The street was previously paid for as an arterial or something similar to an arterial and was not assessed. It is traditional in Kearney, and other places, those arterials and sub-arterials are not specially assessed; the public builds them. This district hooks into what is termed a “parkway” that includes Talmadge and hooks into the paving that was done for the Arch. He is assuming that the width was made to match that paving. Given the purpose of this particular district so soon after a repaving of that street and whom it will benefit, he does not believe that justifies assessing any of the people along that street, or at least those south of 11th Street.

There was another issue that he believes is a problem to the assessment. The Johnsons submitted petitions of more than one half of the front footage opposing the creation of this district. Than over the following two or more weeks, the City people (he did not know who they were) contacted people and got them to write letters to remove their names from the petition. The problem with that is the statute does not give you two weeks to talk people into taking their names off the petition against the district. The statute says if a petition is filed containing signatures of owners of more that 50 percent of the front feet subject to assessment the district shall not be created. He stated that those petitions were filed and filed in a timely manner within the deadline. The statute goes on to state that if that petition is filed, that no work can be done under that ordinance creating that district. Those petitions were filed and legally that is where the district ended. It is not the law that you build a project and then assess the frontage. What the law requires is the assessment can only be to the extent of the special benefit to the individuals and he believes in this case there was none. There may be people up the road who did have some benefit because people’s situations vary.

Their position is there was no desire for it and no need for it. This project did hook into some storm sewers. However, 15 years ago, storm sewers were put in the whole stretch of road across from the Johnsons and have never been hooked up. This project simply hooked into the existing storm sewer and because it was never used in all those years, he concluded that there apparently has never been a need for it.

He asked that these things be considered and to remember that special benefit is not ever “presumed”. There must be a reason to believe that they took some special benefit commencing with what they are being assessed. The most that could be assessed when you have a street in good condition is the amount of widening as opposed to the whole thing. Most of this street was already there and in great shape.

Council Member Buschkoetter stated that this has been the district that has prompted the most discussion. He believed that there is a benefit to the Johnsons’ property, considering that the property is used for commercial purposes. The widening and improvement of a road that will bring in more traffic would seem to be beneficial to the Johnsons’ business bringing more potential clients to their front door.

Mr. Langvardt asked if there were figures showing the increased traffic flow that is coming from downtown to the Johnsons’ property. He was not aware if there are such numbers, but the Johnsons have not noticed any increase. He also stated that they have no knowledge of anyone that had been delayed or prevented from getting from downtown to the Johnsons’ property by the existing street before this project. To build a road where previously there was a problem of accessing an area is the right thing to do, but is not the case here.

Mr. Buschkoetter stated that he believes that building a road after there is already a problem is like shutting the door after the cows get out. He believes that without question there is more traffic on that road since the improvements.

Mayor Kotsiopulos stated that for decades that road has been a challenge for people during inclement weather. There have always been pools of standing water because that street has been lacking in storm water runoff. If you are going to do the project, then do it right. There was a one-mile project from Talmadge Street to about 11th Street that was done regardless of what Mr. Langvardt intimated to be other issues. This was to be done in any long range planning regardless of the project that was indicated and it would have been done eventually. Considering the varying degrees of people’s likes and dislikes up and down that mile, he believes in the long run this will be a very worthwhile project for the community. His understanding is that paving, sewer and water districts are created at Council meetings because it is required, the Council gives their guidance, and all property owners are given notice for a period of 20 or 30 days depending on the type of project. Any property owner has the opportunity to protest, encourage or make suggestions during that time. To the best of his knowledge that is the way this district was handled.

Mr. Langvardt agreed that it will be worthwhile, but it did not help the Johnsons. His final comment was that only one land owner got up and objected about being assessed in this district, so the vast majority of the cost he assumes is being given to other people. He believes that the City Attorney will say if that one protester has the judge declare the district invalid, the city is going to eat all of the cost itself. Even those that did not protest will not be assessed if that happens. He advised again to look at the statutes regarding the practice to cajole, beg, plead or bully people to take their names off the petition. The district should have ended when the petition was filed.

City Attorney Mike Kelley stated that the question that was raised concerning the petition was considered in regard to this district and the Council was advised about it, agreed that it was legitimate to have those names withdrawn, and the district was created. The time for objections to this has passed. He would not advise they do what was stated, even if this was a fault (and he was not saying that it was), it is his belief that this district was created in a perfectly legal manner. As a matter of fact, the recourse in the statute is to simply reassess it. He believes that there are adequate benefits in the district like storm drainage. There are many benefits that are considered by the courts including things like dust reduction, noise reduction, and the pavement, which has a definite economic benefit. The Council was advised about all of these things, considered them, and passed it appropriately.

There was no other opposition.

Moved by Buschkoetter seconded by Blankenship to close the hearing for the Council to meet as the Board of Equalization to assess costs for the 2000 Part VI Improvements consisting of Paving Improvement District No. 2000-822 for Central Avenue from Talmadge Street to 11th Street; 2000 Part III Improvements consisting of Paving Improvement District No. 2000-838 for Avenue E from 51st Street to 56th Street, Paving Improvement District No. 2000-841 for 21st Street from 28th Avenue east 351 feet, Paving Improvement District No. 2000-842 for 28th Avenue from 21st Street to West Villa Drive, Paving Improvement District No. 2000-843 for 52nd Street from Avenue E east to its terminus in a cul-de-sac, Paving Improvement District No. 2000-850 for 28th Avenue from 37th Street north to a point 150 feet south of 42nd Street, Water District No. 2000-509 for 28th Avenue from 21st Street to West Villa Drive and 21st Street from 28th Avenue east 351 feet, Water District No. 2000-510 for 52nd Street from Avenue E east to its terminus in a cul-de-sac, Water District No. 2000-515 for 28th Avenue from 37th Street to 39th Street, Sewer District No. 2000-452 for 28th Avenue from 21st Street north 270 feet, Sewer District No. 2000-453 for 52nd Street from Avenue E east to its terminus in a cul-de-sac, Sewer District No. 2000-458 for 28th Avenue from 37th Street to 39th Street; 2001 Part V Improvements consisting of Paving Improvement District No. 2000-829 for the alley between Central Avenue and 1st Avenue from 21st Street to 22nd Street, Paving Improvement District No. 2000-844 for the alley between Central Avenue and 1st Avenue from 21st Street to Railroad Street and approve Resolution No. 2002-258. Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.

RESOLUTION NO. 2002-258

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:

Section 1. The President and Council find and determine that the streets in Paving Improvement District Nos. 2000-822, 2000-829, 2000-838, 2000-841, 2000-842, 2000-843, 2000-844, and 2000-850 have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

Section 2. That the water mains heretofore ordered installed in Water District Nos. 2000-509, 2000-510, and 2000-515 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said water mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

Section 3. That the sewer mains heretofore ordered installed in Sewer District Nos. 2000-452, 2000-453, and 2000-458 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said sewer mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

Section 4. Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein.

Section 5. That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground. Said assessments for Paving Improvement District Nos. 2000-822, 2000-829, 2000-838, 2000-841, 2000-842, 2000-843, 2000-844, 2000-850 shall become delinquent as follows:

1/10th fifty days after date of this Resolution

1/10th one year after date of this Resolution

1/10th two years after date of this Resolution

1/10th three years after date of this Resolution

1/10th four years after date of this Resolution

1/10th five years after date of this Resolution

1/10th six years after date of this Resolution

1/10th seven years after date of this Resolution

1/10th eight years after date of this Resolution

1/10th nine years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of six per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

Section 6. That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground. Said assessments for Water District Nos. 2000-509, 2000-510, 2000-515 shall become delinquent as follows:

1/5th fifty days after date of this Resolution

1/5th one year after date of this Resolution

1/5th two years after date of this Resolution

1/5th three years after date of this Resolution

1/5th four years after date of this Resolution

Section 7. That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground. Said assessments for Sewer District Nos. 2000-452, 2000-453, 2000-458 shall become delinquent as follows:

1/5th fifty days after date of this Resolution

1/5th one year after date of this Resolution

1/5th two years after date of this Resolution

1/5th three years after date of this Resolution

1/5th four years after date of this Resolution

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

PLANNED DISTRICT DEVELOPMENT PLAN – 4111 4TH AVENUE; EAGLE’S NEST EAST

Mayor Kotsiopulos opened the public hearing on the Application submitted by Gregg Johnson (Applicant) for Johnson Imperial Home Co. (Owner) for Planned District Development Plan Approval for the construction of an office complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Block 7, Windsor Estates Sixth Addition to the City of Kearney, Buffalo County, Nebraska (4111 4th Avenue) and to consider Resolution No. 2002-259. Planning Commission recommended approval subject to the proposed storage garage identified in the southeast corner be moved from the utility easement while maintaining the appropriate setbacks in the southeast portion of this parcel prior to be presented to the Council.

The applicant is pursuing approval of Development Plans for approximately 26,184 square feet of commercial and office lease space in one building located at 4111 4th Avenue. The strip center is very similar in concept and appearance to “Eagle’s Nest Plaza”, the existing commercial strip center to the west. The new building will be known as “Eagle’s Nest East.” The zoning on this parcel is C-2/PD.

Review of the Development Plan has been completed by the Planning Staff. The development consists of one large building split into three separate bays that are 10,800 s.f., 5,888 s.f., and 9,792 s.f. respectively. This building is being developed on a “build to suit” basis so the floor and interior walls will not be completed until a tenant leases the space and the interior will be finished to meet the requirements of the tenant. Highlights of the project include:

A drive-thru lane on the north end of the building
More than adequate parking at 105 spaces required and 155 provided.
A complete Landscape Plan.
An attractive exterior appearance using virtually the same materials as Eagle’s Nest Plaza and the same architectural style.
An accessory building is proposed in the southeast corner of the parking lot. The location of the building conflicts with existing utility easements. Revised Plans have been submitted that depict the building in the proper location.

Gregg Johnson was present to answer any questions.

There was no one present in opposition to this hearing.

Moved by Blankenship seconded by Zapata to close the hearing and approve the Application submitted by Gregg Johnson (Applicant) for Johnson Imperial Home Co. (Owner) for Planned District Development Plan Approval for the construction of an office complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Block 7, Windsor Estates Sixth Addition to the City of Kearney, Buffalo County, Nebraska (4111 4th Avenue) and approve Resolution No. 2002-259 subject to the proposed storage garage identified in the southeast corner be moved from the utility easement while maintaining the appropriate setbacks in the southeast portion of this parcel. Roll call resulted as follows: Aye: Kotsiopulos, Kearney, Zapata, Blankenship, Buschkoetter. Nay: None. Motion carried.

RESOLUTION NO. 2002-259

WHEREAS, Gregg Johnson (Applicant) for Johnson Imperial Home Co. (Owner) has applied for Planned District Development Plan Approval to construct an office complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 7, Windsor Estates Sixth Addition to the City of Kearney, Buffalo County, Nebraska (4111 4th Avenue).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Gregg Johnson (Applicant) for Johnson Imperial Home Co. (Owner) for Planned District Development Plan Approval to construct an office complex on property zoned “District C-2/PD, Community Commercial District/Planned Development District” and described as Lot 1 of Block 7, Windsor Estates Sixth Addition to the City of Kearney, Buffalo County, Nebraska (4111 4th Avenue) be approved subject to the proposed storage garage identified in the southeast corner be moved from the utility easement while maintaining the appropriate setbacks in the southeast portion of this parcel.

PASSED AND APPROVED THE 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

SKIVIEW ESTATES FOURTH – WITHIN CITY LIMITS

Mayor Kotsiopulos opened the public hearing on the Application submitted by Mitchell Humphrey (Applicant) for Gregg John Van Skiver (Owner) for the inclusion of “SKIVIEW ESTATES FOURTH” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., AND Lot 6 of Block 1, Lot 1 of Block 2 and all of Avenue D Place, containing 7.228 acres, more or less, Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north of 52nd Street) and to consider Resolution No. 2002-260. Planning Commission recommended approval.

This hearing and the next two hearings were discussed together but voted on separately.

The applicant is pursuing approval of Subdivision Platting for property located west of Avenue E, south of 56th Street, and north of 52nd Street. This property is zoned R-1 but part of it will be rezoned to R-2 to accommodate a townhouse development.

Vacation

Portions of the existing subdivision known as “Skiview Estates 3rd Addition” must be vacated so that the land can be replatted as Skiview Estates 4th Addition. Lot 6, Block 1 and Lot 1, Block 2 and part of Avenue D Place in Skiview Estates 3rd are to be vacated.

Inclusion in the Corporate Boundary

This property is adjacent to the existing City Limits and municipal services are available to be extended to serve the property. Therefore, this property should be annexed and included within the corporate limits of the City of Kearney.

Subdivision Plats

The applicant is requesting approval of the Final Plat for an eleven-lot subdivision to be known as Skiview Estates 4th Addition. The Preliminary Plat was approved by Planning Commission on October 17, 2002. This subdivision contains 7.228 acres. The property is located south of 56th Street, west of Avenue E and north of 52nd Street. A Public Works Plan was previously approved for this area. A Subdivision Agreement is not required.

Rezoning

The land that was vacated to accommodate the new subdivision had been previously zoned, platted, and included in the corporate limits. The additional 6.47 acres that was not part of the previously zoned land is now up for rezoning from Agricultural to R-1 and R-2. The two larger lots that front on 56th Street are to be rezoned R-2 for a townhouse development. The remainder of the lots are to be rezoned R-1 for single-family housing.

Mitch Humphrey presented this matter to the Council. This tract of land is located on Avenue E and Parklane Drive south of 56th Street and this will be the final phase on a multiphase project on a tract of land containing 20 acres. Ultimately, they want to plat 7.228 acres into single family residential lots and hopefully several tracts, will be rezoned to District R-2 Urban Residential Mixed Density as in the new UDO from agricultural to single family zoning at this point and time.

There was no one present in opposition to this hearing.

Moved by Zapata seconded by Kotsiopulos to close the hearing and approve the Application submitted by Mitchell Humphrey (Applicant) for Gregg John Van Skiver (Owner) for the inclusion of “SKIVIEW ESTATES FOURTH” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., AND Lot 6 of Block 1, Lot 1 of Block 2 and all of Avenue D Place, containing 7.228 acres, more or less, Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north of 52nd Street) and approve Resolution No. 2002-260. Roll call resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried.

RESOLUTION NO. 2002-260

WHEREAS, an Application has been submitted by Mitchell Humphrey (Applicant) for Gregg John Van Skiver (Owner) for the inclusion of “SKIVIEW ESTATES FOURTH” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and Lot 6, Block 1, Lot 1, Block 2 and all of Avenue “D” Place, a street in the City of Kearney, Buffalo County, Nebraska abutting said Lot 6, Block 1 on the West and located East of said Lot 1, Block 2 and also being located North of 52nd Street, a street in the City of Kearney, Buffalo County, Nebraska, with said Lots and Avenue “D” Place, now vacated, and being located in Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska, AND ALL being more particularly described as follows: Referring to the Northeast Corner of the Northwest Quarter of said Section 25 and assuming the North line of said Northwest Quarter as bearing South 89°38’03” West and all bearings contained herein are relative thereto; thence South 89°38’03” West and on the North line of said Northwest Quarter a distance of 33.0 feet to a point on the West Right-of-Way line of Avenue “E”, a street in the City of Kearney, Buffalo County, Nebraska (if extended Northerly) with said West Right-of-Way line of Avenue “E” being the West line of a tract of land deeded to the City of Kearney as described at Instrument 1999-6165, filed in the Buffalo County Register of Deeds Office on July 29, 1999; thence South 00°02’30” East and parallel to as measured at right angles from the East line of the Northeast Quarter of the Northwest Quarter of said Section 25 a distance of 50.0 feet to a point on the South Right-of-Way line of 56th Street, a street in the City of Kearney, Buffalo County, Nebraska, with said point also being the Northeast Corner of Lot 1, Block 1, Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska; thence South 89°38’03” West and on the aforesaid South Right-of-Way line of 56th Street and the North line of Lot 1, Block 1 in said Skiview Estates Third a distance of 125.00 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the Northwest Corner of Lot 1, Block 1 in said Skiview Estates Third; thence continuing South 89°38’03” West and on the aforesaid South Right-of-Way line of 56th Street a distance of 660.01 feet to the Northeast Corner of Lot 1, Skiview Estates Second, an addition to the City of Kearney, Buffalo County, Nebraska; thence South 00°02’30” East and on the East line of Lot 1, Lot 5 and Lot 6 in said Skiview Estates Second a distance of 597.60 feet to the Southeast Corner of Lot 6 in said Skiview Estates Second, said point also being on the North line of Lot 13 in said Skiview Estates Second; thence North 89°53’00” East and on the North line of Lot 13 and Lot 14, (if extended Easterly) in said Skiview Estates Second and on the North line of Lot 1, Block 3 in said Skiview Estates Third a distance of 209.22 feet to a point on the Westerly Right-of-Way line of Avenue “C” Place, a street in the City of Kearney, Buffalo County, Nebraska, said point also being on a non-tangent 230.00 foot radius curve, concave Northeasterly; thence Northwesterly on the Westerly Right-of-Way line of said Avenue “C” Place and on said non-tangent curve forming a central angle of 22°37’21” an arc distance of 90.81 feet to a point of non-tangency, said point being North 36°05’52” West a chord distance of 90.22 feet from the previously described point, said point also being on the Northwesterly line of Lot 2, Block 2, (if extended Southwesterly) in said Skiview Estates Third; thence North 60°03’36” East and on the Northwesterly line of said Lot 2, Block 2 (if extended Southwesterly) a distance of 200.58 feet to the most Northerly corner of Lot 2, Block 2 in said Skiview Estates Third; thence South 45°41’14” East and on the Northeasterly line of Lot 2, Block 2 in said Skiview Estates Third a distance of 68.88 feet to the most Easterly corner of Lot 2, Block 2 in said Skiview Estates Third, said point also being on the Northerly Right-of-Way line of 52nd Street, a street in the City of Kearney, Buffalo County, Nebraska and said point also being on a non-tangent 283.00 foot radius curve, concave Southeasterly; thence Northeasterly on the Northerly Right-of-Way line of said 52nd Street and on said non-tangent curve forming a central angle of 45°38’44” an arc distance of 255.46 feet to a point of tangency; thence tangent and continuing on the North line of said 52nd Street North 89°57’30” East a distance of 78.40 feet to the Southwest Corner of Lot 5, Block 1 in said Skiview Estates Third; thence leaving the North line of 52nd Street North 00°02’30” West and on the West line of Lot 5, Lot 4, Lot 3, Lot 2, and Lot 1, Block 1 in said Skiview Estates Third a distance of 391.14 feet to the place of beginning, containing 7.228 acres, more or less; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on October 18, 2002 on the inclusion of “SKIVIEW ESTATES FOURTH” within the corporate limits and recommended the Kearney City Council approve said application; and

WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “SKIVIEW ESTATES FOURTH” an addition to the City of Kearney, Buffalo County, Nebraska;

WHEREAS, a public hearing was held by the Kearney City Council relating to said application on November 12, 2002 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “SKIVIEW ESTATES FOURTH” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

BE IT FURTHER RESOLVED that the inclusion of “SKIVIEW ESTATES FOURTH” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

FINAL PLAT – SKIVIEW ESTATES FOURTH

Mayor Kotsiopulos opened the public hearing on the Application submitted by Mitchell Humphrey (Applicant) for Gregg John Van Skiver (Owner) for final plat approval of “SKIVIEW ESTATES FOURTH”, an Addition to the City of Kearney, Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north of 52nd Street) and to consider Resolution No. 2002-261. Planning Commission recommended approval.

There was no one present in opposition to this hearing.

Moved by Kotsiopulos seconded by Kearney to close the hearing and approve the Application submitted by Mitchell Humphrey (Applicant) for Gregg John Van Skiver (Owner) for final plat approval of “SKIVIEW ESTATES FOURTH”, an Addition to the City of Kearney, Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north of 52nd Street) and approve Resolution No. 2002-261. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

RESOLUTION NO. 2002-261

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “SKIVIEW ESTATES FOURTH”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

REZONING – SKIVIEW ESTATES FOURTH

Mayor Kotsiopulos opened the public hearing on the Application submitted by Mitchell Humphrey (Applicant) for Gregg John Van Skiver (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” AND “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., containing 6.47 acres, more or less, Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north of 52nd Street). Planning Commission recommended approval.

There was no one present in opposition to this hearing.

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitchell Humphrey (Applicant) for Gregg John Van Skiver (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” AND “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., containing 6.47 acres, more or less, Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north of 52nd Street). Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.

PLANNED DISTRICT DEVELOPMENT PLAN – 5308 PARKLANE DRIVE

Mayor Kotsiopulos opened the public hearing on the Application submitted by Paul Fredrickson (Applicant) for Prairie Building, L.L.C. (Owner) for Planned District Development Plan Approval for the construction of a 16-unit apartment complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the north 219 feet of Lot 3, Block 1, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (5308 Parklane Drive) and to consider Resolution No. 2002-262. Planning Commission recommended approval.

The applicant is pursuing approval of Development Plans for two eight-plex buildings located at 5308 Parklane Drive. This property is located directly north of the Renal Care Facility. The zoning on this parcel is C-2/PD.

Review of the Development Plan has been completed by the Planning Staff. This sixteen-unit apartment project consists of two eight-plex buildings and one garage building with 16 garage spaces. The apartment buildings will be constructed of brick on all four sides. A future atrium is shown between the two buildings. The atrium will not be constructed at this time. If the weather exposure is deemed to be a problem in the future, the atrium can be built without resubmitting Revised Development Plans, assuming the Planning Commission and City Council approve the plans including the atrium. A complete Landscape Plan was provided. The project requires 48 parking spaces and 50 are provided including the garage spaces. Each living unit is assigned one garage stall so that the garages cannot be rented out for inappropriate outdoor storage.

Paul Fredrickson presented this matter to the Council. He stated that they are proposing to build 16 family units in regard to two eight-plex buildings. This property lies east of Wal-Mart, directly south of the detention cell by Wal-Mart and directly north of Renal Care on Parklane Drive.

There was no one present in opposition to this hearing.

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Paul Fredrickson (Applicant) for Prairie Building, L.L.C. (Owner) for Planned District Development Plan Approval for the construction of a 16-unit apartment complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the north 219 feet of Lot 3, Block 1, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (5308 Parklane Drive) and approve Resolution No. 2002-262. Roll call resulted as follows: Aye: Kotsiopulos, Kearney, Zapata, Blankenship, Buschkoetter. Nay: None. Motion carried.

RESOLUTION NO. 2002-262

WHEREAS, Paul Fredrickson (Applicant) for Prairie Building, L.L.C. (Owner) has applied for Planned District Development Plan Approval to construct a 16-unit apartment complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the north 219 feet of Lot 3 of Block 1, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (5308 Parklane Drive).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Paul Fredrickson (Applicant) for Prairie Building, L.L.C. (Owner) for Planned District Development Plan Approval to construct a 16-unit apartment complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the north 219 feet of Lot 3 of Block 1, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (5308 Parklane Drive) be approved.

PASSED AND APPROVED THE 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

REZONING – GOOD SAMARITAN HOSPITAL; BETWEEN 31ST STREET AND 35TH STREET AND 2ND AVENUE AND AVENUE A

Mayor Kotsiopulos opened the public hearing on the Application submitted by Bruce and Joann Handley, Maria Tucker, and James and Tori Fiala, and Good Samaritan Hospital (Applicant and Owner) to rezone from “District R-1, Urban Residential Single-Family (Low Density) District”, “District C-0, Office District”, “District UC, Mixed Use Urban Corridor District”, and “District R-2, Urban Residential Mixed-Density District”, to “District C-0/PD, Office District/Planned Development Overlay District” a tract of land described as Lots 1 and 2, Good Samaritan Subdivision; Lots 1 through 12, inclusive, Wiley’s Subdivision; Lots 1 through 10, inclusive, Greater Kearney Subdivision; Lots 7 through 10, inclusive, and the south 44 feet of Lot 11, Ragain’s Subdivision; Lots 1, 2, 3 (excepting the south 45 feet of Lot 3), Lot 9 (excepting the south 51 feet of Lot 9), and Lot 10, Bergt & Keiss Subdivision; part of Lot 2, all of Lots 22, 23, 24 and all of Lot 38 (except the west 110.5 feet of the south 73.4 feet of Lot 38), Northwest Quarter School Section Addition, including vacated streets and alleys therein, all in the City of Kearney, Buffalo County, Nebraska (between 31st Street and 35th Street and 2nd Avenue and Avenue A). Planning Commission recommended approval.

This hearing and the next hearing were discussed together but voted on separately.

The Design and Development Team for Good Samaritan Hospital is pursuing approval of a major hospital facilities renovation and expansion at the current site. The hospital (GSH) has been acquiring property to the west of the existing campus for the expansion. Several consultants have been hired to inventory existing conditions, project the future needs of the facility and master plan the future growth of the campus. This proposal is a multi-phase project that will occur over several years time span. The property is up for rezoning to C-0/PD, a Planned Development District. Each phase will be brought before the Planning Commission and City Council as the campus develops. Approvals required for the first phase include the aforementioned rezoning as well as street vacations, vacations of portions of existing subdivisions, subdivision platting, and development plan approval.

Street Vacation

The layout of the new GSH Campus Master Plan affects the existing street circulation pattern. Segments of several streets and one platted alley need to be vacated to accommodate the proposed circulation pattern. The most significant street vacation is Central Avenue, from 31st Street north approximately 1,020 feet. Thru traffic access will be provided from Central Avenue flowing south from 39th Street to a centralized roundabout then angling to the southwest to tie into 33rd Street. A traffic signal will be installed at 33rd Street and 2nd Avenue. Carlton Drive will be shortened (vacated) by 94 feet to accommodate the new alignment of 33rd Street. 32nd Street will be vacated from Central Avenue west for 147 feet. A vehicle turn around will be required at the east terminus of 32nd Street and will be provided in phase two. In the interim, an emergency vehicle lane will be provided in the parking lot layout. Keiss Lane will be vacated from 2nd Avenue east approximately 280 feet. A twenty-foot alley will be vacated as it traverses north-south through the central part of the project.

A majority of the discussion at Planning Commission was focused on traffic impacts with a particular concern towards the intersection at 31st Street and Avenue A. A right turn lane and temporary traffic signal will be installed at that intersection to mitigate traffic impacts from the closure of Central Avenue. Staff anticipates that this intersection may warrant a permanent traffic signal after this phase of the GSH expansion is completed. GSH representatives have agreed to pay for and install the temporary signal and to upgrade that signal to permanent status when warranted.

The end result is a hospital campus design that maintains the current traffic flow up and down Avenue A, proposes a connection between Central Avenue and 33rd street to provide access to a signalized intersection at 2nd Avenue, and maintains the majority of hospital parking on the south and east of Central Avenue/33rd Street.

Subdivision Vacations

Some of the existing subdivisions must be vacated either partially or in their entirety in order to replat the GSH land holdings that comprise the campus in a new subdivision to be known as Good Samaritan Second Subdivision. All of Wiley’s Subdivision, Greater Kearney Subdivision, and Good Samaritan Subdivision will be vacated. In addition, portions of the following subdivisions will also be vacated as listed on the agenda; Ragain’s Subdivision, Northwest Quarter School Section Addition, and Bergt and Keiss Subdivision. The end result is a consolidation of the majority of GSH land holdings into a single five-lot subdivision that lies between 31st Street and 35th Street and between 2nd Avenue and Avenue A. GSH officials intend to continue acquisition of land to the west of the existing campus for future phase expansion.

Subdivision Plats

The applicant is requesting approval of the Final Subdivision Plat for Good Samaritan Second Subdivision. The Preliminary Plat was approved by Planning Commission October 17, 2002. This is a five-lot subdivision containing the majority of GSH land holdings at this site, located between 31st and 35th Streets and between 2nd Avenue and Avenue A. The State NDOR currently owns some smaller tracts of land included in the subdivision. Therefore, NDOR is included as one of the owners on the signature block of the Final Plat. GSH officials intend to purchase these properties from NDOR. A typical 25-foot building setback is shown along all abutting streets.

A Developer Constructed Infrastructure Agreement will be required to address relocation of existing utilities and construction of new utilities. Any infrastructure improvements required by the hospital project shall be paid by the hospital. All plans and specifications shall be prepared to City of Kearney design standards. Adequate stormwater detention shall be provided. Plans and computations for surface stormwater runoff and all inlets and piping shall be submitted to the City Engineer for review and approval. Any easements required from adjacent property owners for stormwater or other infrastructure shall be acquired by GSH and filed at the Register of Deeds office at the Buffalo County Courthouse. These items are not required for City Council approval but must be submitted, reviewed and approved by the City Engineer prior to any Building Permits being issued.

Rezoning

The request to rezone the tract to C-0/PD-1 allows the project to be reviewed as a Planned Development. PD-1 stands for Planned Development-Concept Plan. This application is the first phase of a multi-phase project which will be ongoing for several years. Each subsequent phase will require submittal of Revised Development Plans and review and approval by Planning Commission and City Council. The rezoning request involves several properties with various zoning designations all of which are to be rezoned to C-0/PD-1. The existing zoning categories include; R-1, R-2, C-0, and UC.

Development Plan

The Master Plan for the GSH campus includes a new Cancer Center, increased capacity in ICU, additional capacity for inpatients, increased capacity for surgery, increased emergency services, a new Heart Center, a new west entry to the campus, more medical office space and more parking. The first phase of the Master Plan features a new hospital tower for ICU and surgery along with a 12,000 square foot Cancer Center and Heart Center on the west side of the existing hospital. Once this phase is complete subsequent phases will continue to develop the west side of the campus to meet the Master Plan goals. As you already know, the campus plan requires vacation and relocation of several streets including Central Avenue. The new gateway to the hospital will be at 2nd Avenue and 33rd Street. According to the Project Narrative submitted by the design team, Phase One work includes the following components:

Demolition and renovation of minor portions of the existing hospital.
200,000± gross square feet (gsf) of a new four-story hospital tower designed to expand up to six stories or 95 feet in height (requires height variance).
12,000± gsf of a one-story Cancer Center.
An addition to the Central Utility Plant.
Additions and improvements to parking, lighting and landscaping in existing parking lots.
New parking spaces, lighting, and landscape in recently acquired properties.
New access drives, walkways, lighting, and signage off Central Avenue. Central Avenue will be designed to accommodate a connection into 33rd Street at 2nd Avenue.

A Traffic Study prepared by Olson and Associates shows 2,000 vehicles per day will need to shifted from Central Avenue to some alternate routing after all future phases are complete and the entire campus is built out. In the interim staff is working with GSH officials to insure that traffic disruption is kept to a minimum.

The parking tabulations submitted by the applicant show 1,233 parking spaces required and the same provided. During construction there will be less parking available.

Overall, the First Phase of the GSH expansion is the first step in a series of phases to produce a Master Planned Campus to better serve the medical needs of the region.

A height variance is required for the new tower to exceed the maximum height of 45 feet in zoning district C-0/PD to accommodate 95 feet (six stories). Planning Commission recommended approval of the height variance.

The Planning Commission recommended approval of the Street Vacations, Subdivision Vacations, Rezoning and Platting as presented. The Planning Commission further approved the Development Plan with two considerations:

the height deviation from 45 to 95 feet is recognized; and
the developer shall show appropriate traffic mitigation at the intersection of 31st Street and Avenue A with said improvements occurring contemporaneously with any street closings and street development necessary for the GSH project prior to the City Council meeting.

The traffic mitigation at this intersection has been proposed and city staff finds it to be acceptable.

Kenneth Tomlon from Good Samaritan Hospital presented this matter to the Council. His intention is to set the stage for and put a context to the specifics of the proposal of Good Samaritan Health Systems. Good Samaritan was founded in 1923. It became sponsored by the Sisters of St. Francis of Colorado Springs in 1924 and became part of Catholic Health Initiatives, one of the largest non-profit health care systems in the United States. Good Samaritan is primarily referred to as a hospital, but it is far more complex. GSHS consists of Good Samaritan Hospital, Richard Young Hospital, Good Samaritan Hospital Foundation, Central Nebraska Home Care Systems, Good Samaritan Outreach Services, Prairie View Gardens, the assisted living component, Company Care and Occupational Medicine Program, Heartland Ambulatory Surgery Center of which Good Samaritan is a 50 percent owner, Kearney Imaging Center, also 50 percent owner, and Sentinel Health Care, a physician hospital organization.

Some of the more significant milestones in the GSHS history are in 1929. Although founded in 1924, they began one of 13 subsequent facility expansions. In 1963, the foundation of the first Community Board of Trustees was created. Other milestones include: 1982, the inauguration of a flight program; 1987, Richard Young Hospital; 1990, the first open heart surgery brought advanced cardiac services to this area; 1996, the creation of Buffalo County Community Health Partners which was an initiative addressing raising the general health status of the community.

To give some perspective to the size of Good Samaritan, currently all the facilities under Good Samaritan Health Systems consists of 530,000 square feet. They are licensed at 287 beds and operating at about 267 beds. They employee 1,500 people and have 8,500 admissions, 52,000 patient days, over 75,000 outpatient visits, 10,000 emergency room visits, and a $56,000,000 payroll. In addition, they bring in nearly $2,000,000 in Federal/State grants. Good Samaritan Health Systems is a mission driven organization, but it is the middle of the mission statement that brings life to what they are doing. It is to bring new life, energy and viability into the 21st Century. Part of what flows from their mission is their vision statement. The fourth point of their vision statement - “We are committed to take a leadership role in implementing technological advances in a responsive and supportive facility infrastructure.” It was this point that two years ago got them started critically evaluating all of the programs and services at Good Samaritan.

There is a sophisticated relationship between a system like Good Samaritan and its community. The strong health care system of their type needs and encourages a strong educational and school system, a strong health care delivery system, which attracts more business and nourishes community infrastructure. A strong community nurtures a strong health care system. Good Samarian Health System is the largest medical center both in depth and breadth in various medical specialties between Lincoln and Denver.

John Gardner from Good Samaritan Hospital stated that he would give a brief history of Good Samaritan. In the 1920’s Good Samaritan was created to be a small community hospital designed to serve the residents of Kearney and Buffalo County. Over the years that role changed. 1980 was a landmark year, for the first time over 50 percent of the patients that came to the hospital resided outside of Buffalo County. The hospital was assuming more of a regional role. In the 1990’s, through the vision of the Board of Directors and the leadership of the hospital, the hospital began to develop services especially in response to the needs of the surrounding communities. They brought in cardiologists and cardiovascular surgeons, neurosurgeons and specialists that were designed to serve the larger community. They were replacing services where people previously had to drive to Lincoln, Omaha and Denver.

In 2002, Good Samaritan has 118 physicians on their medical staff, 60 percent of all patients reside outside Buffalo County. In 2001, people who reside outside of Buffalo County made over 45,000 outpatient visits to the hospital. That is not counting all the people who come to visit physicians or those who did not necessarily go to the hospital. We are seeing a tremendous influx of population that takes advantage of our medical facilities and our retail and commercial facilities. GSHS is the hub of the nation’s largest critical access health care network. This is a very significant role. The United States government provides special funding for small rural hospitals if they align themselves with facilities such as GSHS in the Critical Access Program. The benefit of the alignment is they get increased reimbursement, which helps assure they continue successful facilities to serve their communities with necessary health services.

Good Samaritan’s service area is huge. It extends west to Ogallala, east to Hall County, north to the border of Nebraska and South Dakota, and south to the northern edge and fringes of Kansas. You could place the state of Indiana within their service area. It gives them significant challenges as to how to serve that population.

In the next five years, they anticipate their medical staff will grow from 118 physicians to 163. They see continued growth in specialty areas such as cardiology, cancer, orthopedics, neurology, and gastrology. They expect surrounding communities to look to the hospital to be a major element to their health care delivery system. As you look at the challenges in terms of health care funding, we expect that there will be a decline in funding that will have an impact on those small surrounding hospitals. They will be looking to Good Samaritan for help. They believe that the economic contribution to the local economy will continue to be significant well into the future. They expect to see a lot of growth and demand for their services. The growth is attributed to two key points. One is the aging of the population; those who have recently become members of AARP will start using more health services in the future. They expect to see more people stay in their health services even though they leave our area. In the service area, each year over 1,000 hospital discharges are for cancer, and there are far more patients that take advantage of out-patient services for cancer which is expected to increase. Cardiology is one of the largest service lines, cardiovascular disease is a disease of aging and an increase of over 1,000 admissions is expected over the next 10 years. Aging also impacts neurology and neurological surgery and the same type of growth is anticipated. Orthopedic services are a unique service. Good Samaritan services half of the orthopedic needs in our service area which in itself is unique and is expected to grow in the future.

It is anticipated that 2002 through 2012, if GSHS does not make changes in their services over 5,000 people will need to leave the service area to get necessary medical services. They want to position themselves so that people do not have to make the 2-3 hour drives to get the necessary health services. GSHS wants to expand to provide the necessary services closer to home.

GSHS have talked about a master plan and what they hope to accomplish with this investment. They want to become a destination hospital in central Nebraska. They want to be chosen by more patients and physicians and employees. GSHS is competing with the major urban areas for physicians, nurses, radiology techs and other clinical specialties. They need to have a facility to differentiate themselves from the attractive urban areas, recruiting will be very difficult. They want to have a facility that can respond to the needs of the population as it grows. They want to have a safe, efficient, desirable working environment for physicians and employees.

By today’s industry standards, the facility is 25 percent too small to meet current needs. They need a facility to meet current volumes and expected growth. The thing that they have been experiencing is that GSHS has to go on “divert” because they do not have enough critical care beds. This means that perhaps a trauma patient or critically ill patient may have to bypass or leave the community when they need necessary health services. Nursing is undersized by 30 percent. There are very few private rooms. Health care standards are that all rooms be private to address the gender of patients and infectious diseases. Their intention is to develop the infrastructure so that all rooms are private. Presently, the key services are restricted due to the facility and site limitations. Expansion is necessary for key service growth.

One of the challenges is how to expand. They are unable to go up because of the foundation limitations. Alternatives of expanding to the north, east and south have been considered. Expanding to the west and relocating Central Avenue appears to be the most reasonable solution without taking parking spaces out of service and making other spaces unusable in the hospital. They are making an investment of over $600,000 in the relocation of Central Avenue and the development of new utilities to support that. The operating suites, by today’s technology, are probably too small. With the type of technology that is being used today and will be used in the future, there must be a point to expand the existing operating room. The first phase of this project is to shell in some spaces that would eventually expand the surgical suite. Another major issue is the utilities in the plant. During extremely hot periods of the year, they are challenged in keeping patients comfortable. The central utility plant is at full capacity. It needs to be expanded to meet current needs and certainly needs to be expanded for future needs. Parking and circulation is another challenge. They have resorted to solutions such as “RYDE” circulating in the parking lot to assist people to the front door. They need a more user-friendly facility to assist people with infirmities to get their care. The Health Living Center is a project that had been put on hold until they can make sure that they had the best location for it on campus. It will be located on the west side of the hospital.

Here is what they hope to accomplish with the first phase besides spending a lot of money. They will be addressing upgrading their cancer service to create a modern facility that meets the needs of expectations of patients. It gives the ability to maintain current volumes, but also to respond to expected growth over the next ten years. (A study was released last week that said nationally in the next 20 years, hospital capacity nationwide needs to increase by 41 percent because of the aging population). They will create a facility that is flexible for future growth and a medical campus that will support growth of a physician community.

Jack Wilkins, architect for Good Samaritan Hospital, gave an overview of what will be happening over the next two years. The proposed first phase addition will include: a new main entrance off of 33rd Street, new parking lot on the northeast corner by Kearney Catholic which will be expanded and completed immediately, on the south an additional expanded facility on the corner of Avenue A and south of the hospital another parking lot that is presently vacant. This will all be done before construction begins. Once it begins some parking will be lost, but these areas will be able to replace them. One of the main purposes of the overall project is heating and cooling and since the present facility is inadequate, that facility will be expanded. The small office building on the south corner will be taken down. The addition will fill in that corner. They are looking at a temporary stop sign on that corner throughout the construction period. Entering from 33rd Street, there will be an entrance into the Cancer Center, which for the most part is outpatient. The main entrance will remain the same. In the future, the entrance will be more of a mall type design with a cafeteria and wellness programs that will deal with the general public that comes to the hospital.

The new facility will be located on the west because if it were located on the north, it would be in the heart of the main entrance and main parking. To locate it on the south, you would have to go over to 31st Street and have pedestrian traffic and overpasses that would be difficult. It was decided that west was the best location for the facility. There will be a full basement and a 3-story building during Phase I even though the proposal shows a 6-story building asking for a 95-foot variance over the codes of 45-foot at this time. With that variance, they will be allowed to put footings that will hold that size of a building in the future. Footings and foundation will be started after the first of the year. The information systems personnel will wire the basement since that is the location of a lot of the working parts of the hospital.

The Healthy Living Center will be located on the main level just off the main entrance, but will also have its own entrance. It will have a cafeteria and there will be some shelled in areas that can be used for radiology. These areas will be filling in the areas between the new and the existing facilities in the future. ICU will be located on the second floor and is one of the main reasons other than cancer for this project. The north half of the second floor will be a new ICU (intensive care unit) and the south half will be the PCU (progressive care unit). These two are hand in hand and are the biggest needs that they have in the hospital for long term patient care. The third floor will be completely shelled out to be used for future space, as needed in terms of private beds.

In December with the Council’s approval, wheels will be put into motion in regard to the streets. Work will start on the outside of the facility with the closure of Central Avenue. Utilities will be relocated and foundations can begin on the main building. The urgency to start as soon as possible remains. The plans are complete and waiting on final approval to proceed.

Mike Yost from Olsson Associates stated that to unify the hospital campus will require some rezoning; vacate some existing rights-of-way, some existing subdivisions to create what will be the Good Samaritan Second Subdivision. Item #7 on the Regular Agenda is the final plat, which cleans up the existing subdivisions in the area. Regarding drainage, their proposal is to reroute storm sewer to accommodate that portion of the storm sewer, which will be vacated when a portion of Central Avenue is vacated. He pointed out that when the Medical Office Building was done 4-5 years ago, there was a drainage issue in that area to increase the campus size and subsequently to create a more impervious area would exasperate that area. Since there is no room to put in a detention cell or some other features, they will put in oversized underground sewer pipe that will be sufficient. They will also reroute the sanitary sewer replacing all 6” with 8” and connecting to the main from Central Avenue to Keiss Avenue.

Mike Malone from Olsson Associates stated that their traffic study was conducted with two primary objectives: (1) to evaluate the overall traffic flow safety traffic operation in the adjacent roadway and intersection surrounding the new hospital area; and (2) to evaluate traffic progression or signal coordination along 2nd Avenue in relation to the proposed intersection at 33rd Street. With those two goals in mind they evaluated two options. Option 1 was considering 33rd Street and 2nd Avenue connection and the other was with that connection. The overall results of the traffic study showed fairly similar results at the adjacent study intersection with the primary impact being diverting traffic to the 31st Street and the Avenue A corridors with the 33rd Street connection.

There was deterioration in the level of service, particularly for the north and southbound movements, with the minor street movements at the intersection without the 33rd Street connection. That situation could be mitigated a couple of different ways. They looked at a 4-way stop control, which would improve the level of service to an acceptable level or range. They also looked at a signalization of that intersection, which would also improve the level of service. The intersection today, and with the projected numbers, is on the threshold of needing signal warrants. There are about eight signal warrants contained in the manual on uniform traffic control devises. This situation does not quite satisfy the signal warrants, but it is approaching that level and obviously there are a lot of concerns that they heard at the Planning Commission Meeting. What is being done in response to that is a temporary signal is being proposed during construction, during the time that the 33rd Street connection will not be in place, when traffic will be diverting so that intersection will operate at a good level of service during the construction. It is proposed that that situation be reevaluated when the 33rd Street intersection is opened to determine if that need is still there. There is also a southbound right turn lane proposed at the intersection of 31st and Avenue A under either option, signalized or not due to the heavier movement of hospital traffic.

The other point is the signal progression. The results of the traffic study showed fairly similar results with or without the 33rd Street and 2nd Avenue connection. The immediate reaction that most people have is there is concern with progression and traffic flow along that corridor. Also, most people assume that if you add another signal, logically you will experience some additional stops and delays. What they found is that basically that corridor is relatively restrained in turns of the spacing of the existing traffic signals and that adding another does not significantly reduce the ability to progress traffic along that corridor. Based on the findings that 31st Street and Avenue A will be having some increase traffic, they recommended that the 33rd Street connection be pursued. That is the direction that the hospital is going to provide a better entrance, better circulation, and improve operations overall around the hospital site. That intersection will be a signalized intersection and will have additional northbound right turn lanes into the site, southbound left hand turn lanes into the site, the exiting traffic will have three lanes one for left, through and right. It should be an intersection that operates at a good level of service.

Council Member Kearney stated that he was pleased with the communication conveyed to his business that is located across the street and that will be a neighbor of this facility. He received letters not because he is on the Council, but because he is in the neighborhood. That made things easier for all involved. His other concern had been that 33rd Street would come straight to the City for our powers of eminent domain but Good Samaritan took it upon themselves to pay premium prices to take that decision away from the Council.

Council Member Zapata stated there have been several meetings where issues have been brought up and they have been able to resolve those issues. He asked for some further explanation of the expansion of the power plant and about the exhaust system.

George Volz from Good Samaritan Hospital stated the current plans for the power plant is to extend it out about a bay and one half directly to the east. It would be about to the middle of the existing building that is now on the corner. They will maintain a 25-foot setback off of Avenue A and also very critical of the vision lane. It will be about the same height as the current building. It will not go as far south as it currently goes because the existing building had some additions on it before the hospital purchased it and it actually extends out into the setback. They will actually pull it away from 31st Street. Exhaust from the building will not be able to be fully addressed in Phase I, but as they move forward the plan is to take the cooling towers which are the stacks that are always putting out the steam and set them higher and back away from 31st Street. It will actually be up on top of the building.

Council Member Blankenship wanted verification that access to the parking lots along Avenue A and 35th Street will remain unchanged which they will be. He said he is impressed with the circulation and the parking procedure. He asked if there would be designed lots for employee parking. The answer was that currently there is designated employee parking, but has not been enforced as well as it could be. In the future, there will be more employees parking in these designated areas then do now. He also questioned if a “Certificate of Need” is necessary, but was told that is not a requirement.

Mayor Kotsiopulos verified that Phase I will be initiated but the parking issue would be dealt with first to take care of staff and patients. Regarding 33rd Street and 2nd Avenue traffic signals, he wanted to make sure that this is being done with the State’s approval. Mr. Gardner verified that the State was very open to this proposal. Mayor Kotsiopulos asked if the plan was, as Mr. Malone stated, that the temporary lights will be reevaluated somewhere along the Phase I timeline. Mr. Malone stated that they think that after Phase I is completed that the traffic on 31st Street and Avenue A will move up to 33rd Street. After Phase I is completed, they will monitor the traffic to see if their assumption is correct.

Ed Kielbasinski, 800 East 23rd Street voiced opposition to the closing of Central Avenue. He is not opposed to this project as a whole, but he is vehemently opposed to the closing of Central Avenue. He believes that this is a mistake similar to mistakes made in the past by planning in the City that has left the City with inadequate north/south streets. He believes people use Central Avenue as an escape route to get off of 2nd Avenue. He believes that if there are lights on 33rd Street and 31st Street it will block traffic even more at peak times as the City continues to grow. He believes that there must be another plan that this project could use to proceed without closing Central Avenue.

He stated he has lived here for 20 years and has seen an increase in population of about one third. The congestion has increased a thousand fold because there is a lack, especially on the west side of town, of streets that go north and south. He requested that the Council not vote on this project at this time. He suggested that they go back and check the pulse of the community because he believes that most do not understand what the plan is because they have not been adequately informed.

Council Member Kearney stated since he is in the area he has been watching traffic on 2nd Avenue and 31st Street. He believes that the majority of traffic is going in and out of the hospital. Central Avenue is used occasionally for other routes but is not used as a bypass to 2nd Avenue. He does not see people coming off of 2nd Avenue going north on Central Avenue or from the South on Central Avenue and taking the zig/zag and going north. The access on 33rd Street makes sense because it will take traffic off 31st Street, which is high traffic, and get it where they want it to go which is to the front door of the hospital.

Council Member Blankenship stated when he received notification of this project and since his children attend Kearney Catholic he decided to take Central Avenue to work instead of Avenue A. In this way, he hoped to get a sense of what we would be missing. After two weeks, he went back to using Avenue A because Central Avenue and 31st Street is the worst intersection in town to try and go east or west. There is no question in his mind about that. He believes that this is creating a better overall traffic pattern for the citizens by getting rid of that intersection. He agrees with Council Member Kearney that 33rd Street and 2nd Avenue funneling people north so that the businesses in that area still have good access to their business is a better situation. He does not agree that Central Avenue is a good thoroughfare for north and south. He agrees that it is good from 31st Street south. He stated that there is going to be more traffic no question about that but believes that the Central Avenue situation to the west and the Avenue A situation to the east are both being improved by this project.

Mayor Kotsiopulos said that the transportation issue is very important to him. Kearney has doubled in population in the past 40 years, especially the last 10 years we have been at double digits. The State operates on a very archaic transportation system that is a 20-year plan. It operates on historical data and has relatively nothing to do with change. There have been a number of public hearings addressing the fact that the process needs to be fixed to address situations like Kearney is having. He believes instead of all the energy being expended on the east bypass, the City should be working on the third exit for this community. We are ten years behind the power curve on an east bypass.

Council Member Buschkoetter stated that the only way the hospital could reduce the amount of traffic on 2nd Avenue would be for them to reduce in size and serve fewer customers. Central Avenue does not carry that much traffic that is not related to the hospital and the medical community that is in that area. The only way to reduce traffic on 2nd Avenue is for them to move and he would not want them to do that. The Council has not taken the closing of Central Avenue lightly. This has been coming for several weeks now and has been brought up with people in the community. There is some concern out there but it has been thoroughly investigated by the Council and City Staff.

Denny Houska of Denny’s Photography stated that the last time he spoke at the City Council meeting he was irritated at some of the City Staff and he expressed his views. He worked with the City staff with this project and believes that he was treated fairly and with respect and patience. The hospital is a big force in this community but he felt that an individual should be treated as an equal. Good Samaritan worked with him and the neighborhood fairly. He spoke with George Voltz and John Gardner. His business is on 33rd Street and 2nd and Good Samaritan is now his neighbor and he is going to try to be a good neighbor to them.

Moved by Blankenship seconded by Zapata to close the hearing and approve the Application submitted by Bruce and Joann Handley, Maria Tucker, and James and Tori Fiala, and Good Samaritan Hospital (Applicant and Owner) to rezone from “District R-1, Urban Residential Single-Family (Low Density) District”, “District C-0, Office District”, “District UC, Mixed Use Urban Corridor District”, and “District R-2, Urban Residential Mixed-Density District”, to “District C-0/PD, Office District/Planned Development Overlay District” a tract of land described as Lots 1 and 2, Good Samaritan Subdivision; Lots 1 through 12, inclusive, Wiley’s Subdivision; Lots 1 through 10, inclusive, Greater Kearney Subdivision; Lots 7 through 10, inclusive, and the south 44 feet of Lot 11, Ragain’s Subdivision; Lots 1, 2, 3 (excepting the south 45 feet of Lot 3), Lot 9 (excepting the south 51 feet of Lot 9), and Lot 10, Bergt & Keiss Subdivision; part of Lot 2, all of Lots 22, 23, 24 and all of Lot 38 (except the west 110.5 feet of the south 73.4 feet of Lot 38), Northwest Quarter School Section Addition, including vacated streets and alleys therein, all in the City of Kearney, Buffalo County, Nebraska (between 31st Street and 35th Street and 2nd Avenue and Avenue A). Roll call resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried.

PLANNED DISTRICT DEVELOPMENT PLAN – GOOD SAMARITAN HOSPITAL

Mayor Kotsiopulos opened the public hearing on the Application submitted by Good Samaritan Hospital (Applicant and Owner) for Planned District Development Plan approval for the expansion and reconstruction of hospital facilities on property to be zoned “District C-0/PD, Office District/Planned Development Overlay District” property to be known as Good Samaritan Second Subdivision and now described as a tract of land described as Lots 1 and 2, Good Samaritan Subdivision; Lots 1 through 12, inclusive, Wiley’s Subdivision; Lots 1 through 10, inclusive, Greater Kearney Subdivision; Lots 7 through 10, inclusive, and the south 44 feet of Lot 11, Ragain’s Subdivision; Lots 1, 2, 3 (excepting the south 45 feet of Lot 3), Lot 9 (excepting the south 51 feet of Lot 9), and Lot 10, Bergt & Keiss Subdivision; part of Lot 2, all of Lots 22, 23, 24 and all of Lot 38 (except the west 110.5 feet of the south 73.4 feet of Lot 38), Northwest Quarter School Section Addition, including vacated streets and alleys therein, all in the City of Kearney, Buffalo County, Nebraska (between 31st Street and 35th Street and 2nd Avenue and Avenue A) and to consider Resolution No. 2002-263. Planning Commission recommended approval subject to (1) the deviation in height, a total of 95 feet of height be allowed; and (2) the developer shall show appropriate mitigation at the intersection of Avenue A and 31st Street to allow for the increased traffic generated at the early stages of development with the Planning Commission recommending that the structural modification at Avenue A and 31st Street be completed contemporary with any other street closings and street development.

Moved by Zapata seconded by Kotsiopulos to close the hearing and approve the Application submitted by Good Samaritan Hospital (Applicant and Owner) for Planned District Development Plan approval for the expansion and reconstruction of hospital facilities on property to be zoned “District C-0/PD, Office District/Planned Development Overlay District” property to be known as Good Samaritan Second Subdivision and now described as a tract of land described as Lots 1 and 2, Good Samaritan Subdivision; Lots 1 through 12, inclusive, Wiley’s Subdivision; Lots 1 through 10, inclusive, Greater Kearney Subdivision; Lots 7 through 10, inclusive, and the south 44 feet of Lot 11, Ragain’s Subdivision; Lots 1, 2, 3 (excepting the south 45 feet of Lot 3), Lot 9 (excepting the south 51 feet of Lot 9), and Lot 10, Bergt & Keiss Subdivision; part of Lot 2, all of Lots 22, 23, 24 and all of Lot 38 (except the west 110.5 feet of the south 73.4 feet of Lot 38), Northwest Quarter School Section Addition, including vacated streets and alleys therein, all in the City of Kearney, Buffalo County, Nebraska (between 31st Street and 35th Street and 2nd Avenue and Avenue A) and approve Resolution No. 2002-263 subject to (1) deviation for structure height, a total height of 95 feet be allowed; and (2) The developer shall mitigate traffic impacts at the intersection of Avenue A and 31st Street prior to the closure of Central Avenue; that Good Samaritan Hospital provide a right turn lane and pay for and install a temporary traffic light signal and to upgrade that signal to permanent status when warranted. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

RESOLUTION NO. 2002-263

WHEREAS, Good Samaritan Hospital (Applicant and Owner) has applied for Planned District Development Plan Approval for the expansion and reconstruction of hospital facilities on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as Lots 1 and 2, Good Samaritan Subdivision, Lots 1 through 12, Wiley's Subdivision, Lots 1 through 10, Greater Kearney Subdivision, Lots 7 through 10 and the South 44 feet of Lot 11, Ragain's Subdivision, all of Lots 1, 2, Lot 3 except the South 45 feet thereof, Lot 9 except the South 51 feet thereof, and all of Lot 10, all in Bergt & Keiss Subdivision, part of Lot 2, all of Lots 22, 23, 24, and Lot 38 except a tract of land being the West 110.5 feet of the South 73.4 feet thereof, all in Northwest Quarter School Section Addition, including vacated streets and alleys therein, all in Section 36, Township 9 North, Range 16 West of the 6th P.M., City of Kearney, Buffalo County, Nebraska, and more particularly described as follows: Commencing at the northwest corner of the intersection of 31st Street and Avenue "A" rights-of-wa, said point also being the Point of Beginning, thence on an assumed bearing of N89°07'17"W on the north right-of-way line of 31st Street a distance of 456.04 feet; thence continuing on said north right-of-way line N88°59'24"W a distance of 66.00 feet to a point on the East line of Lot 2 of said Northwest Quarter School Section Addition; thence N00°03'41"W a distance of 140.41 feet: thence N88°50'22"W a distance of 147.23 feet; thence N00°10'16"E a distance of 141.04 feet to a point on the South right-of-way line of 32nd Street; thence continuing N00°10'16"E a distance of 79.98 feet to a point on the North right-of-way line of 32nd Street; thence N88°28'58"W on said North right-of-way line a distance of 84.18 feet to the Southeast Corner of said Bergt & Keiss Subdivision; thence N00°02'16"W on the East line of said Subdivision a distance of 172.12 feet to the North line of the South 45 feet of Lot 3 of said Bergt & Keiss Subdivision; thence N89°57'08"W on said North line a distance of 100.00 feet to the East right-of-way line of Keiss Lane; thence N00°06'38"W on said East right-of-way line a distance of 133.33 feet; thence S57°55'55"W a distance of 36.55 feet to the West right-of-way line of Keiss Lane; thence S00°06'54"E on said West right-of-way line a distance of 77.02 feet to the Northeast Corner of Lot 8 of said Bergt & Keiss Subdivision; thence N89°55'17"W on said North line a distance of 75.05 feet to the Northwest Corner of said Lot 8: thence S00°05'15"E on the West line of said Lot 8 a distance of 53.15 feet to the North line of the South 51 feet of Lot 9 of said Bergt & Keiss Subdivision; thence N88°37'25"W on said North line a distance 70.10 to the Easterly right-of-way line of 2nd Avenue: thence on and along said Easterly right-of-way line N02°20'03"E a distance of 98.60 feet; thence N06°30'24"E a distance of 66.20 feet; thence N89°57'46"E a distance of 2.75 feet; thence N02°04'14"E a distance of 44.03 feet to the North line of the South 44.00 feet of Lot 11 of said Ragain's Subdivision; thence departing said Easterly right-of-way line N89°57'46"E and on the North line of the South 44.00 feet of said Ragain's Subdivision a distance of 131.07 feet; thence N00°02'27"E a distance of 155.77 feet to the Southeast Corner of Lot 13 of said Ragain's Subdivision; thence S89°35'45"E a distance of 40.00 feet to the East right-of-way line of Carlton Drive; thence N00°22'36"E on said East right-of-way line a distance of 28.13 feet to the Southwest Corner of Lot 6 of said Ragain's Subdivision; thence N89°46'44"E on the South line of said Lot 6 a distance of 88.89 feet to the Southeast Corner of said Lot 6 and the East line of said Ragain's Subdivision; thence N00°05'45"E on said East line a distance of 110.08 feet to the Northeast Corner of Lot 5 of said Ragain's Subdivision, said Corner also on the South line of Lot 39 of said Northwest Quarter School Section Addition; thence N89°58'35"E on said South line a distance of 231.00 feet to the Southeast Corner of Said Lot 39, said Corner also on the West right-of-way line of Central Avenue: thence S89°54'10"E a distance of 66.00 feet to the East right-of-way line of Central Avenue, said Corner also being the Southwest Corner of a tract of land being the West 110.5 feet of the South 73.4 feet of Lot 38 of said Northwest Quarter School Section Addition; thence S89°54'34"E on the South line of said tract of land a distance of 110.63 feet to the Southeast Corner of said tract of land; thence N00°13'25"E on the East line of said tract a distance of 73.55 feet to the Northeast Corner of said tract; thence S89°57'26"W on the North line of said tract a distance of 110.76 feet to the Northwest Corner of said tract, said Corner also being on the East right-of-way line of Central Avenue; thence N00°07'25"E on said East right-of-way line a distance of 223.74 feet to the South right-of-way line of 35th Street; thence N89°52'31"E on said South right-of-way line a distance of 462.38 feet to the West right-of-way line of Avenue "A"; thence S00°01'57"W on said West right-of-way line a distance of 1288.12 feet: thence continuing on said West right-of-way line N88°58'32"W a distance of 6.50 feet; thence continuing on said West line S00°01'44"W a distance of 36.98 feet to the Point of Beginning. Said tract of land contains 922,171 Sq. Ft. or 21.17 Acres more or less of which 49,488 Sq. Ft. or 1.14 Acres is Dedicated Public Road right-of-way as 33rd Street and 5,948 Sq. Ft. or 0.14 Acres is Dedicated Public Road right-of-way as Carlton Drive (between 31st Street and 35th Street and 2nd Avenue and Avenue A).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Good Samaritan Hospital (Applicant and Owner) for Planned District Development Plan Approval for the expansion and reconstruction of hospital facilities on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described above be approved subject to the following terms and conditions:

A deviation for structure height, a total height of 95 feet be allowed; and

The developer shall mitigate traffic impacts at the intersection of Avenue A and 31st Street prior to the closure of Central Avenue; that Good Samaritan Hospital provide a right turn lane and pay for and install a temporary traffic light signal and to upgrade that signal to permanent status when warranted.

PASSED AND APPROVED THE 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

IV. CONSENT AGENDA

Moved by Kotsiopulos seconded by Kearney that Subsections 1 through 11 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

Mayor Kotsiopulos stated that there was an addendum to the Agenda, Subsection 12, and that this matter was withdrawn by the applicant.

1. Approve Minutes of Regular Meeting held October 22, 2002.

2. AFLAC $1,433.18 Ded; Allied Electronics $115.17 Su; Alltel $4,931.02 Serv; American Electric $253.49 Serv; Andries, B $70.09 Ref; Antelope Newspaper $34.50 Adv; Armor Holdins Forensics $70.91 Various; Arrow Seed $160.00 Su; Aspen Publishers $317.55 Su; Asphalt & Concrete $2,755.58 Su; AT&T $114.43 Serv; Aviation Mgt. Consulting $2,179.27 Serv; AWWA $195.00 Reg; Baker & Taylor $3,623.24 Bks; Baker, C $5.72 Ref; Barney Abstract $120.00 Various; BBC $57.00 Bks; Beckson $13.75 Su; Benjamin Landscaping $40.48 Ref; Bennett, T $1,195.50 Serv; Big Flag $533.00 Inv; Blessing Construction $170.00 Rep; Bob's Super Store $105.61 Serv; Books on Tape $780.80 Bks; Bosselman Oil $21,946.53 Inv; Broadfoot Sand $133.00 Su; Brungardt, S $19.07 Ref; Buffalo Co Court $197.52 Ded; Buffalo Co District Court $129.00 Ded; Buffalo Co Register of Deeds $145.00 Adv; Buffalo Co Treasurer $20.00 License; Buttress, S $89.75 Bks; Canada Life Assurance $2,245.68 Ded; Canal Bank Assoc $464.74 Lighting; Carter, T $11.25 Ref; Cash-Wa Distributing $311.80 Various; Cavendish, M $3,305.88 Bks; CDW Government $1,239.04 Various; Central States Wire Products $992.00 Various; CHAD $10.00 Ded; Charter Digital Comm $88.35 Serv; Child's Play $86.28 Bks; Child's World $249.90 Bks; Christensen, D $142.50 Serv; City of Ky $140,042.17 Various; Civic Plus $445.00 Serv; Civil Air Patrol Magazine $195.00 Various; CLE Int'l $790.00 Tr/Trn; Cleaning Solutions $2,595.38 Serv; CLH $309.00 Serv; College Savings Plan of NE $210.00 Ded; Computer Hardware $10.00 Su; Conseco Life Insurance $38.00 Ded; Copycat $527.46 Su; Cordova, T $24.15 Tr; Corp Diversified Services $89,915.87 Various; Crossroads Ford $9,914.22 Rep; Cryotech $6,020.68 Su; Culligan $211.96 Various; Dandee Construction $13,864.00 Su; Dell $15,287.37 Various; Development Council $1,046.80 Serv; Double M Farms $2,000.00 Compost; DPC Industries $3,607.93 Su; Dutton Lainson $54.88 Inv; Eakes Office Plus $2,138.59 Various; Ecolab $26.00 Su; Ehrhart Griffin & Assoc $5,451.50 Serv; Elliott Equipment $1,076.27 Various; Engels, D $284.60 Tr; Enterprise Electric-CED $22.63 Serv; Facts on File $272.88 Bks; Fairbanks-Ky $290.49 Rep; Farmers Union Co-op $337.50 Serv; Fedex $88.59 Various; Fiddelke Htg $95.85 Rep; Fire Training Systems $114,380.00 Equip; Forden, K $33.23 Ref; Fremont Nat'l Bank $33,651.49 Ded; Frontier $9,199.59 Various; Gale Group $136.07 Bks; Gangwish $38.88 Su; Gary Smith Construction $171,993.38 Serv; Glazier, R $59.63 Various; Gray Automotive $108.17 Tools; Great Amer Outdoor $689.35 Su; Great Plains Asbestos Control $25.00 Rep; Great Plains One-Call Service $394.79 Serv; Grupe, B $86.25 Tr; H&G Cleaners $1,817.00 Various; Hach $297.80 Rep; Heartland Co-op $1,210.00 Inv; Heiman Fire Equip $371.05 Su; Heinemann Library $122.85 Bks; Holiday Inn/Captain's Table $30.00 Admin; Hometown Leasing $206.00 Equip; IAEI $60.00 Dues; IBM $1,749.00 Serv; ICMA $1,609.76 Dues, Bks; ICMA RC $2,442.22 Ded; IMLA $535.00 Dues; IRS $77,229.38 Ded; ISDN $142.97 Serv; Jack Lederman Co $64.32 Su; James, D $48.03 Reim; Johnson, A $590.75 Tr; Kelley, M $219.41 Tr/Trn; Kirkham Michael $2,280.00 Serv; Kolar, J $31.05 Tr; Ky Area United Way $552.74 Ded; Ky Chamber of Commerce $2,506.00 Various; Ky Concrete $1,320.63 Su; Ky Crete $312.88 Various; Ky Diesel & Recovery Service $30.00 Serv; Ky Family YMCA $1,265.67 Ded; Ky Hub $205.42 Various; Ky Implement $1,820.73 Equip; Ky Literacy Council $125.00 Fees; Ky Winlectric $330.73 Various; Ky Winnelson $182.15 Su; L&W Tire & Treads $319.01 Rep; Lamp, Rynearson $2,295.82 Serv; LARM $449,898.00 Prem; Law Enf Training Center $6.00 Tr/Trn; Lawson Products $102.68 Equip; Lawyers Weekly $179.00 Bks; Learner Publishing $366.82 Bks; Leonard, A $6.74 Ref; Lexis Nexis Matthew Bender $234.32 Su; Lindner, S $143.66 Tr; Linweld $220.38 Various; Lockmobile $24.00 Rep; Marchand, M $69.00 Tr; Marlatt Machine Shop $247.85 Various; Martinosky, M $50.00 Reim; Mathis, M $14.06 Ref; Maurer, P $20.00 Ref; Maynard, D $29.72 Reim; McLaughlin, S $200.00 Ins; Medical Air Products $504.40 Su; Meridian Library System $36.00 Tr/Trn; Messenger, C $139.65 Tr; MES-Snyder $2,493.38 Su; Michael Todd & Co $711.56 Su; Mid America Pay Phones $200.00 Serv; Mid American Specialties $737.29 Equip; Mid-State Units $120.00 Various; Miller & Assoc $69,368.25 Serv; Mizner, E $45.00 Cla; Mossbarger, B $200.00 Ins; Mr Automotive-Car Quest $47.49 Rep; Municipal Supply $114.46 Inv; NACO $100.00 Tr/Trn; NAPA $252.39 Various; Nat'l Paper Supply $48.19 Su; NE Child Support $1,027.09 Ded; NE Dept of Env Quality $32,806.43 Disposal Fee; NE Dept of Revenue $75,729.66 Various; NE Rec & Park Assoc $105.00 Dues; New World Systems $400.00 Serv; Northwestern Energy $3,326.48 Serv; NPPD $155.40 Various; Office Depot $865.58 Various; Office Net $177.91 Su; Ollis Book $26.43 Bks; OMB Police Supply $235.94 Su; On-Site Mobile Sharpening $58.25 Su; Paramount Linen $11.00 Rep; Pat's Plumbing $350.00 Rep; Patterson, B $129.64 Pstg; Paulsen, Inc $97,988.29 Serv; PCAN $50.00 Dues, Bks; Peerless Machine $3,331.41 Rep; Peterson, Z $28.76 Ref; Platte Valley Comm $1,001.82 Various; Platte Valley State Bank $25.00 Ded; Postmaster $300.00 Pstg; Preferred Mail $110.36 Pstg; Presco Sales $177.50 Rep; Presto-X $218.50 Various; Pueblo Chemical $662.30 Rep; Purdy, K $35.90 Pc; Quality Books $2,571.34 Bks; Ready Mixed Concrete $9,639.42 Various; Regional Books $11.70 Bks; Rodiek, D $69.50 Cla; Saathoff, J $137.47 Tr; Sahling Kenworth $105.09 Equip; Schoer, C $171.64 Reim; Scholastic $60.28 Various; See Clear Cleaning $1,800.00 Serv; Shamberg, Wolf $1,041.76 Serv; Sheen, S $81.10 Serv; Simmerman Electric $1,952.59 Rep; Smolik, D $5.00 Reim; Solid Waste Equip $19,760.00 Equip; Sprint $100.55 Serv; St Fire Marshal Training $35.00 Su; St of NE Div of Comm $26.43 Serv; St of NE HHS Laboratory $42.00 Serv; Storm Management $58.21 Ref; Story, Gary $416.83 Tr/Trn; Thomas, J $2.36 Ref; Tollefsen-Elliott Lumber Co $682.36 Various; Tractor Supply $16.29 Rep; True Value Hardware $7.48 Equip; Turner Body Shop $750.00 Serv; Underground Const $1,875.00 Serv; Unico $3,100.00 Prem; Union Oil $1,332.11 Inv; United Contractors $406,604.64 Serv; US Filter Dist $1,226.78 Inv; Utility Equipment $3,893.87 Various; Village Cleaners $202.46 Various; W.T. Cox Subscriptions $14.37 Bks; Walters Electric $4,264.35 Equip; Water Products $3,674.25 Inv; Wellness Councils of America $76.80 Wellness Program; Wells Fargo Bank $48.00 Admin; West Group $790.14 Su; Wiederspan, R $86.25 Tr; Wilke-Donovan's True Value $5.97 Su; Winfield Beatty Const $500.00 Rep; Woodside, M $159.20 Tr; Xerox $435.26 Equip; Zeller, G $17.00 Ref; Payroll Ending 10-19-2002 -- $227,793.09; and Payroll Ending 11-02-2002 -- $225,152.52. The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

3. Approve the recommendation from the Mayor on the appointment of Janet Rowling to serve on the Board of Adjustment.

4. Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “The Sandbar” in connection with their Class C/K28462 Catering Liquor License to dispense beer, wine and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on November 30, 2002 from 5:00 p.m. until 1:00 a.m. for the Rough Stock Rodeo Finals.

5. Approve the application for a Special Designated License submitted by FAITH FOOD PRODUCTS, INC., dba “The Lodge Restaurant” in connection with their Class “C” Liquor License to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on December 7, 2002 from 12:00 p.m. until 1:00 a.m. for a wedding reception subject to the City receiving a Certificate of Insurance.

6. Approve Application and Certificate for Payment No. 2 in the amount of $140,433.48 submitted by Blessing, LLC for the 2002 Part IV Improvements consisting of Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to North Railroad Street, Paving Improvement District No. 2002-870 for the alley between Central Avenue and Avenue A from 21st Street to North Railroad Street and the parking lot located northwest of the Library, and approve Resolution No. 2002-264.

RESOLUTION NO. 2002-264

WHEREAS, Blessing, LLC has performed services in connection with the 2002 Part IV Improvements consisting of Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to North Railroad Street, Paving Improvement District No. 2002-870 for the alley between Central Avenue and Avenue A from 21st Street to North Railroad Street, and the parking lot located northwest of the Library, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $140,433.48 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$394,096.50

Contract Sum To Date	394,096.50
Gross Amount Due	183,101.05
Retainage	18,310.11
Amount Due to Date	164,790.94
Less Previous Certificates for Payment	24,357.46

Current Payment Due	$140,433.48

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 2, as shown on Exhibit “A”, be and is hereby accepted and approved.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

7. Approve Change Order No. 1 in the amount of $9,236.00, Application and Certificate for Payment No. 7 in the amount of $258,593.43 submitted by Blessing, LLC for the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue and approve Resolution No. 2002-265.

RESOLUTION NO. 2002-265

WHEREAS, Blessing, LLC has performed services in connection with the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $9,236.00 to the contract sum as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing, LLC and the City's engineer, Miller & Associates, have filed with the City Clerk, Application and Certificate for Payment No. 7 in the amount of $258,593.43 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$1,198,207.00
Change Order No. 1	+ 9,236.00
Contract Sum To Date	1,207,443.00
Gross Amount Due	1,172,976.99
Retainage	16,000.00
Amount Due to Date	1,156,976.99
Less Previous Certificates for Payment	898,383.56

Current Payment Due	258,593.43

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, and Application and Certificate for Payment No. 7, as shown on Exhibit “B”, be and is hereby accepted and approved.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

8. Approve the Lease Purchase Agreement with Deere Credit Inc. for the lease/purchase of two John Deere Fairway Mowers for the Meadowlark Hills Golf Course and approve Resolution No. 2002-266.

RESOLUTION NO. 2002-266

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Municipal/Governmental Lease Purchase Agreement”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Great American Outdoor Co./Deere Credit, Inc., be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

9. Approve the request submitted by Beth Caha to use the sidewalk and two parking stalls in front of Cedar Hill Creations, 2304 Central Avenue, on November 30, 2002 from 12:00 noon until 5:00 p.m. for a free promotion of roasted chestnuts.

10. Approve the Letter of Agreement between the City of Kearney and the Good Samaritan Health Systems regarding Emergency Ambulance Services and approve Resolution No. 2002-267.

RESOLUTION NO. 2002-267

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the Letter of Agreement, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Good Samaritan Health Systems, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

11. Approve the Developer Constructed Infrastructure Agreement for Lots 1 and 2, Skiview Estates Fourth with Todd John and Anne Elizabeth Van Skiver, Greg John and Roxanne R. Van Skiver, Johnson Land Company, and Carlos Segura President of Segura – Arrietta Construction and approve Resolution No. 2002-268.

RESOLUTION NO. 2002-268

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement – Lots 1 and 2, Skiview Estates Fourth”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Todd John and Anne Elizabeth Van Skiver, Greg John and Roxanne R. Van Skiver, Johnson Land Company, and Carlos Segura President of Segura – Arrietta Construction, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

12. WITHDRAWN BY APPLICANT. Approve the application for a Special Designated License submitted by BEAVER CREEK SALOON, dba “Rod & Patricia Bamrick” in connection with their Class “C/K43335” Catering Liquor License to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on November 30, 2002 from 4:00 p.m. until 1:00 a.m. for a wedding dance.

V. CONSENT AGENDA ORDINANCES

None.

VI. REGULAR AGENDA

THE ROMAN – ADDITION TO PREMISES

Mayor Kotsiopulos stated that the application for an addition to the licensed premise submitted by T.E. SHELDON, dba “The Roman” in connection with their Class I52918 Liquor License located at 2004 Central Avenue will remain on the table until November 26, 2002. Therefore, no action was taken.

ORDINANCE NO. 6919 – VACATE PORTION OF SKIVIEW ESTATES THIRD

Council Member Kearney introduced Ordinance No. 6919, being Subsection 2 of Agenda Item VI to vacate Lot 6 of Block 1, Lot 1 of Block 2, and that part of Avenue D Place abutting Lot 6 of Block 1 on the west and located east of said Lot 1 of Block 2 and north of 52nd Street, all in Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6919 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 6919 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6919 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 6920 – REZONE; PROPOSED SKIVIEW ESTATES FOURTH

Council Member Kearney introduced Ordinance No. 6920, being Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” AND “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 25, Township 9 North, Range 16 West of the 6th P.M., containing 6.47 acres, more or less, Buffalo County, Nebraska (east of Avenue E, south of 56th Street, north of 52nd Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6920 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 6920 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6920 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 6921 – VACATE CERTAINS STREETS; GOOD SAMARITAN HOSPITAL EXPANSION

Council Member Kearney introduced Ordinance No. 6921, being Subsection 4 of Agenda Item VI to vacate Central Avenue as it abuts the north line of 31st Street, north to the extended north line of Lots 22 and 23, and to vacate 32nd Street from the west line of Central Avenue, west 147 feet, all in Northwest Quarter School Section Addition; to vacate Keiss Lane from the east line of 2nd Avenue east to the extended east line of Lot 8, Bergt and Keiss Subdivision; to vacate the 20-foot wide alley as the east 10 feet abut the west 10 feet of the entire west line of Wiley’s Subdivision, vacated 34th Street, and the north half of Lot 24, and the west 10 feet as it abuts the east line of Lot 38 and the north half of Lot 23, all in the Northwest Quarter of School Section Addition (the south line of this vacation shall abut the north line of Ordinance No. 5843); and to vacate Carlton Drive from the north line of Lot 12, Ragain’s Subdivision, south 94 feet to the south end of Carlton Drive, all in the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6921 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 6821 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6921 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 6922 – VACATE CERTAIN SUBDIVISIONS OR PARTS OF SUBDIVISIONS – GOOD SAMARITAN HOSPITAL EXPANSION

Council Member Kearney introduced Ordinance No. 6922, being Subsection 5 of Agenda Item VI to vacate the entire Wiley’s Subdivision, the entire Greater Kearney Subdivision; the entire Good Samaritan Subdivision; all of Lots 7, 8, 9, 10 and the south 44 feet of Lot 11, and all parts thereof, Ragain’s Subdivision; all of Lots 22 and 23, all of Lot 38 except the west half of the South Quarter of Lot 38, the east 147 feet of the north half of Lot 2, the north half of Lot 24 and the north half of the south half of Lot 24, and all parts thereof, all in the Northwest Quarter School Section Addition; all of Lot 10 except a portion in the northeast corner owned by Nebraska Department of Roads and all of Lots 1 and 2, the north 20 feet of Lot 3, north half of Lot 9, all in Bergt and Keiss Subdivision, all in the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6922 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 6922 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6922 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

ORDINANCE NO. 6923 REZONING – GOOD SAMARITAN HOSPITAL EXPANSION

Council Member Kearney introduced Ordinance No. 6923, being Subsection 6 of Agenda Item VI to rezone from “District R-1, Urban Residential Single-Family (Low Density) District”, “District C-0, Office District”, “District UC, Mixed Use Urban Corridor District”, and “District R-2, Urban Residential Mixed-Density District”, to “District C-0/PD, Office District/Planned Development Overlay District” a tract of land described as Lots 1 and 2, Good Samaritan Subdivision; Lots 1 through 12, inclusive, Wiley’s Subdivision; Lots 1 through 10, inclusive, Greater Kearney Subdivision; Lots 7 through 10, inclusive, and the south 44 feet of Lot 11, Ragain’s Subdivision; Lots 1, 2, 3 (excepting the south 45 feet of Lot 3), Lot 9 (excepting the south 51 feet of Lot 9), and Lot 10, Bergt & Keiss Subdivision; part of Lot 2, all of Lots 22, 23, 24 and all of Lot 38 (except the west 110.5 feet of the south 73.4 feet of Lot 38), Northwest Quarter School Section Addition, including vacated streets and alleys therein, all in the City of Kearney, Buffalo County, Nebraska (between 31st Street and 35th Street and 2nd Avenue and Avenue A), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6923 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 6923 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6923 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

FINAL PLAT – GOOD SAMARITAN SECOND SUBDIVISION

Mayor Kotsiopulos opened for discussion the application submitted by Bruce and Joann Handley, Maria Tucker, and James and Tori Fiala, and Good Samaritan Hospital (Applicant and Owner) for final plat approval of “GOOD SAMARITAN SECOND SUBDIVISION” to the City of Kearney, Buffalo County, Nebraska and to consider Resolution No. 2002-269 subject to the effective date of Ordinance Nos. 6921, 6922 and 6923.

Moved by Blankenship seconded by Zapata to approve the application submitted by Bruce and Joann Handley, Maria Tucker, and James and Tori Fiala, and Good Samaritan Hospital (Applicant and Owner) for final plat approval of “GOOD SAMARITAN SECOND SUBDIVISION” to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2002-269 subject to the effective date of Ordinance Nos. 6921, 6922 and 6923. Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.

RESOLUTION NO. 2002-269

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “GOOD SAMARITAN SECOND SUBDIVISION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

ORDINANCE NO. 6924 – VACATE FAST PHIL ADDITION

Mayor Kotsiopulos opened for discussion the request to vacate Lot 1, Fast Phil Addition, an addition to the City of Kearney, Buffalo County, Nebraska. Planning Commission recommended approval.

Council member Kearney abstained from discussion and voting on this matter for the reason he is associated with the business.

This item and the next item were discussed together but voted on separately.

The applicant is pursuing approval of Subdivision Platting for property located at 405 2nd Avenue East, the Phillips 66 Convenience Store known as “Fast Phil’s.” This property is zoned C-2 and the owner is proposing a building addition.

The purpose of this platting is to add a strip of land on the east side of the existing Fast Phil’s lot that the owner has recently purchased. The strip of land has never been included in a subdivision.

Vacation

The existing subdivision known as “Fast Phil Addition” must be vacated so that the strip of land can be added and the new larger parcel replatted as Fast Phil Second Addition.

Subdivision Plats

The applicant is requesting approval of the Final Plat for a one-lot subdivision to be known as Fast Phil Second Addition. The Preliminary Plat was approved by Planning Commission October 18, 2002. This subdivision will include the additional strip of land on the east side. A Public Works Plan is not required. A Subdivision Agreement is not required.

Mitch Humphrey was present to answer any questions.

Council Member Zapata introduced Ordinance No. 6924, being Subsection 8 of Agenda Item VI to vacate Lot 1, Fast Phil Addition, an addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Kotsiopulos seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter. Nay: None. Kearney abstaining. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6924 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter. Nay: None. Kearney abstaining. Motion carried. Ordinance was read by number.

Moved by Kotsiopulos seconded by Buschkoetter that Ordinance No. 6924 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter. Nay: None. Kearney abstaining. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6924 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

FINAL PLAT – FAST PHIL SECOND ADDITION

Mayor Kotsiopulos opened for discussion the application submitted by Mitch Humphrey (Applicant) for Dan Stump (Owner) for final plat approval of “FAST PHIL SECOND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska and to consider Resolution No. 2002-270 subject to the effective date of Ordinance No. 6924. Planning Commission recommended approval.

Moved by Buschkoetter seconded by Blankenship to approve the application submitted by Mitch Humphrey (Applicant) for Dan Stump (Owner) for final plat approval of “FAST PHIL SECOND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2002-270 subject to the effective date of Ordinance No. 6924. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Zapata. Nay: None. Kearney abstaining. Motion carried.

RESOLUTION NO. 2002-270

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “FAST PHIL SECOND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

AWARD BID FOR HIGHWAY 30 AND AVENUE N IMPROVEMENTS

Mayor Kotsiopulos opened for discussion the bids received for the Improvements for Highway 30 and Avenue N Intersection Project and approve Resolution No. 2002-271 awarding the bid to Dominion Construction Co. in the amount of $77,598.00 subject to concurrence by the Nebraska Department of Roads.

Bruce Grupe presented this matter to the Council. Earlier this summer the Nebraska Department of roads completed a signalization study of the intersection of 25th Street and Avenue "N" which justified the installation of a traffic signal. An agreement was previously approved by the City Council and the Nebraska Department of Roads concerning this project. The agreement requires the City of Kearney to design the project and allows for the cost of the project to be shared by both parties on and equal basis. Plans have been reviewed by the Nebraska Department of Roads. Bids were received on October 29, 2002.

The City received two bids. A bid summation was presented to the Council. The low bid was in the amount of $77,598.00 and was submitted by Dominion Construction Company. Dominion Construction Company is from Scottsbluff Nebraska and has performed satisfactorily on several previous projects with the City of Kearney. Administration request that the City Council approve the bids and award the contract to the low bidder. The proposed completion date for this contract is December 31, 2002.

Moved by Blankenship seconded by Zapata to approve the bids received for the Improvements for Highway 30 and Avenue N Intersection Project and approve Resolution No. 2002-271 awarding the bid to Dominion Construction Co. in the amount of $77,598.00 subject to concurrence by the Nebraska Department of Roads. Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.

RESOLUTION NO. 2002-271

WHEREAS, Ehrhart Griffin & Associates have reviewed the sealed bids which were opened on October 29, 2002, at 2:00 p.m. for the Improvements for Highway 30 and Avenue N Intersection Project; and

WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $98,064.25; and

WHEREAS, the said engineers have recommended the bid offered by Dominion Construction Company of Scottsbluff, Nebraska in the sum of $77,598.00 for the total project be accepted as the lowest responsible bid.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Dominion Construction Company of Scottsbluff, Nebraska be and is the lowest responsible bidder for the Improvements for Highway 30 and Avenue N Intersection Project to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Dominion Construction Company in the sum of $77,598.00 be and is hereby accepted.

BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the Improvements for Highway 30 and Avenue N Intersection Project in the amount of $98,064.25 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

OPEN ACCOUNT CLAIMS -- PETE KOTSIOPULOS -- $129.18

Moved by Zapata seconded by Blankenship that Open Account Claims in the amount of $129.18 payable to Pete Kotsiopulos be allowed. Roll call resulted as follows: Aye: Kearney, Zapata, Blankenship, Buschkoetter. Nay: None. Kotsiopulos abstained. Motion carried.

VII. REPORTS

None.

VIII. ADJOURN

Moved by Kearney seconded by Buschkoetter that Council adjourn at 9:39 p.m. Roll call resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried.

PETER G. KOTSIOPULOS

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK

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