Public Meetings - Kearney, Nebraska

The Kearney City Council met on October 27, 2026 at 5:30 p.m. in the City Council Chambers. Council Member Kurt Schmidt was absent; all other members were present. The meeting was brief, consisting of consent agenda approvals, a purchasing code amendment, and community announcements. Consent Calendar - Minutes: Approved the minutes from the regular meeting of October 13, 2026, and amended minutes from August 11, 2026. - Claims: Approved the claims report. - Hearing Date: Set November 10, 2026, at 5:30 p.m. for public hearings on Planning Commission recommendations. - Keno License (Resolution 2026-130): Approved a keno-type lottery operation request by Endgame West, LLC (dba Big Red Keno) for Kearney Golf & Pickle, Inc. (dba Drop Zone) at 101 11th Avenue. - Change Order (Resolution 2026-131): Approved Change Order No. 2-Final for the 2025 Part 4 Improvements (Box Butte), reflecting a decrease of $40,646.00 submitted by Midlands Contracting, Inc. and approved by Miller & Associates. - Property Agreement (Resolution 2026-132): Approved a Property Maintenance and Lease Agreement between the City and Mathew Anderson for a tract of land adjacent to Patriot Park. - Agricultural Deferral: Approved an application for Special Assessment for Agricultural Deferral submitted by FirsTier Bank for specified tracts of land. Consent Agenda Ordinances - Ordinance No. 8833 (Purchasing Code): The council voted to suspend the three-reading rule and approved the ordinance on final passage. The ordinance amends Article 15 of the City Code to: - Increase the minimum bidding amount requirements to $90,000.00 in Sections 1-1505, 1-1506, and 1-1507. - Remove the $3,000 purchase limit and allow the purchasing agent or their designee to establish authorized purchasing thresholds (Sections 1-1506, 1-1507, 1-1512). - Increase the minimum surplus stock requirements to $40,000.00 in Section 1-1519. Public Comments & Testimony - No members of the public offered testimony or addressed the council. Reports & Community Announcements - A council member congratulated the Carna Catholic softball team on winning a state championship and commended the city for providing an escort and showing strong community support. - A council member reported on the lighting of the Archway, the fireworks display, and Kearney High School receiving a superior rating at a major band contest, praising the community's ability to host large events. - Mayor Jonathan Nikkila recalled the excitement of state competitions and celebrated the city's role in hosting them. He also announced a ribbon-cutting ceremony at Dryden Park for a joint improvement project between UNK softball and the City of Kearney. Key Outcomes - The consent agenda (Resolution Nos. 2026-130, 2026-131, 2026-132, and the agricultural deferral application) was approved by a vote of 4-0 (Schmidt absent). - Ordinance No. 8833 amending the purchasing code was adopted by a 4-0 vote. - The meeting was adjourned.

The Planning Commission met on October 16, 2026, at 9:00 a.m. in City Council Chambers to consider several land-use items including an easement vacation, two rezoning and planned development proposals, and a subdivision plat for city-owned property. All items on the agenda were approved unanimously. Commissioner Melissa Scott-Pandorf was absent. Consent Calendar - Minutes Approval: The minutes from the September 18, 2026 meeting were approved by a unanimous roll-call vote (8-0, with Scott-Pandorf absent). - Easement Vacation No. 2026-05: An application by Miller & Associates for Three Crosses, LLC to vacate a 15-foot-wide utility easement (originally from the Taylor Addition) located in parts of Lots 7-9 and 18-23, Block One, Three Crosses Addition (west of Avenue O between 14th and 16th Streets). Staff reported that all utilities had been relocated to a new easement. The commission voted unanimously to approve the vacation based on staff findings. Discussion Items - Rezoning No. 2026-21 & Planned Development Plan No. 2026-21 (1103 West 3rd Street): Applicant Craig Vinnon (Miller & Associates) represented Talmadge Jam, LLC and Peanut Butter & Jelly, LLC to rezone a 0.83-acre site from C-2 (Community Commercial) to C-2/PD (Planned Development Overlay) and approve a development plan for a 59-unit apartment building. The site includes an existing 24-plex and a veterinary clinic. Vinnon explained that because the apartment use triggers R-4 zoning standards, the PD overlay was needed to address density (54‑unit limit exceeded) and setback deviations. Staff noted that as a commercial project, it would meet C-2 standards. The proposed deviations included a reduction in front yard landscape buffer from 20 to 10 feet and a reduction in the west side yard building setback from 25 to 22 feet. Offsetting improvements included adding one street tree (increasing from 7 to 8 required) and providing a sidewalk connecting to the city’s hike-and-bike trail. The building will be three stories with 54 units initially (with shell space for 5 additional units). Parking provided: 104 stalls (100 required). The commission voted unanimously to approve both the rezoning and the PD plan with the listed deviations and increases. - Rezoning No. 2026-22, Preliminary Plat No. 2026-12, and Final Plat No. 2026-12 (305 West Talmadge Street): Craig Vinnon, representing the City of Kearney, presented a proposal to rezone a 3.33-acre parcel from M-1 (Limited Industrial) to C-2 (Community Commercial) and to plat it as Talmadge Addition. The property, formerly owned by the state (used by Nebraska State Patrol and DOT), had never been platted. The rezoning aligns with surrounding commercial development and the comprehensive plan. As part of the final plat, 17 feet of right-of-way will be dedicated along the east side to align with future street improvements. The lot will be served by city water and sewer. The commission voted unanimously to approve the rezoning, preliminary plat, and final plat. Key Outcomes - Easement Vacation No. 2026-05: Approved unanimously. - Rezoning No. 2026-21 (C-2 to C-2/PD): Approved unanimously (8-0). - Planned Development Plan No. 2026-21: Approved unanimously with two deviations (front yard buffer reduction to 10 ft; west setback reduction to 22 ft) and two offsetting improvements (additional street tree, sidewalk connection to trail). - Rezoning No. 2026-22 (M-1 to C-2): Approved unanimously. - Preliminary Plat No. 2026-12 (Talmadge Addition): Approved unanimously. - Final Plat No. 2026-12 (Talmadge Addition): Approved unanimously, including dedication of 17 feet of right-of-way. - Reports: Staff announced the MPZA fall webinar series and a forthcoming update to the city’s GIS mapping system (expected by year-end). The November 2026 meeting will be chaired by Malia in the absence of staff member Melissa. - Adjournment: The meeting adjourned at approximately 10:00 a.m.

The Kearney City Council met on October 13, 2026, at 5:30 p.m. at City Council Chambers. The meeting included multiple public hearings, consent agenda items, and regular agenda items. Key actions included approval of a liquor license for UNK, rezoning of a property at 1416 East 30th Drive, development approvals for Spruce Hollow West Fourth, adoption of a redevelopment project for a DMV building with tax increment financing, and approval of open account claims. Consent Calendar - Approved minutes of the September 22, 2026 regular meeting. - Approved the claims (payments). - Adopted Resolution No. 2026-120 repealing Resolution No. 2026-109 and adopting the 2026-2027 Comprehensive Fee Schedule with changes to Utilities Department fees. - Approved the Utilities Department's request to sell surplus equipment. - Adopted Resolution No. 2026-121 approving Amendment No. 1 to the Consultant Agreement with Alfred Benesch and Company for the Kearney Regional Airport Apron project. - Adopted Resolution No. 2026-122 approving the Interlocal Agreement with Kearney Rescue Cats. - Adopted Resolution No. 2026-123 approving the revised City of Kearney Personnel Manual. - Adopted Resolution No. 2026-124 approving the Developer Constructed Infrastructure Agreement for Three Crosses and Taylor Addition. - Adopted Resolution No. 2026-125 approving a Professional Services Agreement for Landscape Architectural Services with Confluence, Inc. for a Cottonmill Park Master Site Plan. - Adopted Resolution No. 2026-126 approving the purchase of a John Deere 644 P-Tier Wheel Loader for $383,750.00 from Murphy Tractor & Equipment Company via Sourcewell. - Adopted Resolution No. 2026-127 approving the purchase of a Cummins 150 kW Emergency Generator for $82,740.00 from Nebraska Generator Service, LLC via Sourcewell. - Adopted Resolution No. 2026-129 authorizing a temporary extension of alcohol sales hours until 2:00 a.m. on Sunday, October 18, 2026, for licensed premises following the evening of Saturday, October 17, 2026 (due to the Husker game). - Adopted Ordinance No. 8832 amending Section 7-208 and Section 7-210 of the City Code regarding the Advisory Board of Park and Recreation Commissioners (vote: 5-0). Public Comments & Testimony - No members of the public addressed the council during any of the three public hearing periods. Discussion Items - Public Hearing 1 (Liquor License for UNK The Graze Regional Engagement Center): City Attorney presented that the applicant (Sodexo America LLC) met all requirements. Ken Hergott, operations manager, explained that the license would cover events at the Regional Engagement Center, eliminating the need for special designated licenses. He stated that only full-time employees and managers handle alcohol; students do not. Council Member Moore abstained from voting. - Public Hearing 2 (Rezoning 1416 East 30th Drive): Mitch Humphrey of Buffalo Surveying Corp. described the property as a former sixplex in disrepair. The owner (KDIVER, LLC) has cleared the site and seeks R-2 zoning to convert it into a fourplex. Humphrey noted that neighbors were supportive; the neighbor to the west was happy with the cleanup. The property is surrounded by R-1, R-2, M-1, and mobile home park zoning. Council members discussed spot zoning concerns but concluded the rezoning was appropriate given the property's history. - Public Hearings 3-5 (Spruce Hollow West Fourth): Craig Bennett of Miller & Associates presented a combined development plan: vacating an existing platted lot, rezoning 2.3 acres from AG to RR-2, and approving a final plat for a 6.82-acre lot. The development will extend Country Club Lane with a 24-foot wide rural road and relocate the gravel cul-de-sac. The plan is consistent with the existing preliminary plat and future land use designation. - Regular Agenda 1 (Redevelopment Project – DMV Building): Brian Schultz presented a redevelopment project by Younes Development (Talmadge Jam III, LLC) in Redevelopment Area 9. An 8,532 sq. ft. building will be constructed for the Nebraska Department of Motor Vehicles, with a long-term lease. Estimated valuation post-completion: $3 million; increment: $2.7 million. Eligible costs of $1 million over 15 years, with 100% TIF increment up to that amount. Council members noted the unusual situation of using TIF for a state entity, but approved because the builder (private entity) owns the building. Council Member Kotsiopulos commented it was "puzzling" but did not object. - Regular Agenda 2 (Open Account Claims): The council considered two claims: $235.50 to Grant Buschkoetter and $330,000.00 to the University of Nebraska at Kearney. Each was voted on separately. Key Outcomes - Public Hearing 1: Resolution No. 2026-118 approved for Class I liquor license for Sodexo America LLC dba UNK The Graze Regional Engagement Center. Vote: 4-0-1 (Council Member Moore abstained). - Public Hearing 2: Ordinance No. 8829 passed (rezoning to R-2). Vote on first passage: 5-0. Vote on final passage: 5-0. - Public Hearing 3: Ordinance No. 8830 passed (vacating Lot 1, Block 1, Spruce Hollow West Second). Vote on first passage: 5-0. Vote on final passage: 5-0. - Public Hearing 4: Ordinance No. 8831 passed (rezoning AG to RR-2). Vote on first passage: 5-0. Vote on final passage: 5-0. - Public Hearing 5: Resolution No. 2026-119 approved (final plat and subdivision agreement for Spruce Hollow West Fourth). Vote: 5-0. - Regular Agenda 1: Resolution No. 2026-128 approved for the redevelopment project with Younes Development (Talmadge Jam III, LLC), granting 100% TIF increment for up to 15 years. Vote: 5-0. - Regular Agenda 2: Open account claim for University of Nebraska at Kearney ($330,000.00) approved. Vote: 4-0-1 (Council Member Moore abstained). Open account claim for Grant Buschkoetter ($235.50) approved. Vote: 4-0-1 (Council Member Buschkoetter abstained; Council Member Moore voted aye).

The Kearney City Council met on September 22, 2026 at 5:30 p.m. in City Council Chambers. The meeting included a public hearing on the One- & Six-Year Street Improvement Plan, adoption of the 2026-2027 city budget, and other routine business. All votes were unanimous unless noted. Consent Calendar - Approved minutes of the September 8, 2026 regular meeting and September 9, 2026 special meeting. - Approved the claims. - Received Planning Commission recommendations and set October 13, 2026 at 5:30 p.m. as the hearing date. - Adopted Resolution No. 2026-106 (NDOT certification), No. 2026-107 (property tax request), No. 2026-108 (fire department volunteers Corey Moss and Haley Eutsler), No. 2026-109 (comprehensive fee schedule), No. 2026-110 (Kearney Area Solid Waste Agency budget), No. 2026-111 (CRA board appointment), No. 2026-112 (Buffalo Air Service agreement at airport), No. 2026-113 through 2026-117 (various change orders and infrastructure agreements for street and utility improvements). Public Hearing: One- & Six-Year Street Improvement Plan - Director of Public Works Andy Harder presented the plan, previously introduced on August 11, 2026. No public comments were received prior to the meeting. - Alan Like (2202 Avenue B, Apt 2) spoke in support of the street improvements but urged the council to also prioritize bike and pedestrian infrastructure. He noted that the plan includes reconstructing the intersection at 39th and Antelope (east side) for the third time in 10 years, while the city has delayed a bike path to avoid rebuilding twice. He suggested bike lanes and safer routes for pedestrians and cyclists, especially near schools. - Council members clarified that the 39th/Antelope intersection had not been previously improved because it was in the county until recently annexed. The six-year plan also includes widening 30th Avenue overpass to four lanes and extending 30th Avenue south to Talmadge Street, aligning with Talmadge Street expansion from Yannie Avenue. - The council voted to close the hearing and adopt Resolution No. 2026-105, approving the One- & Six-Year Street Improvement Plan. Consent Agenda Ordinances - Ordinance No. 8827, authorizing a warranty deed for the sale of approximately 72.33 acres in the Tech One subdivisions to Horizon 1 Kearney Owner LP, was read by number only and adopted on final passage. Discussion Items - Adoption of the 2026-2027 City Budget (Ordinance No. 8828): The budget was previously discussed at a public hearing on September 9, 2026. Finance Director Brian (last name not provided) highlighted the new budget format, which council members praised for its transparency and ease of use. Councilman Schmidt noted the format is more intuitive and includes a digital component with an AI-powered search engine. The general budget increased by 1.7%, which Councilman Schmidt appreciated. The ordinance was adopted on final passage. Public Comments & Testimony - Sharon Nelson (280 115th Road) addressed the council about the data center project (Project Horizon). She noted that at the previous meeting, her question about the purpose of the data center was deferred. Council members explained that the project team includes SDV, Worldwide Mission Critical, and Mara, and that the land was sold under the name Project Horizon. The specific end user of the AI data center is unknown to the city. Councilman Schmidt offered to provide the project contact information after the meeting. Ms. Nelson expressed concerns about AI safety, referencing whistleblower Jacob Coxon and recent news about Pentagon AI incidents, and urged the council to be cautious. No further action was taken on this item. Key Outcomes - Public Hearing: Closed and Resolution 2026-105 adopted (unanimous). - Consent Agenda: Items 1-15 approved (unanimous). - Ordinance 8827 (Warranty Deed): Adopted on final passage (unanimous). - Ordinance 8828 (2026-2027 Budget): Adopted on final passage (unanimous). - Adjournment: Motion carried (unanimous). The meeting adjourned without further business.

The Kearney Planning Commission met at 9:00 a.m. in Council Chambers, 18 East 22nd Street, Kearney, Nebraska. Chairperson Dave Malone presided; a quorum was present. Member Melissa Scott-Pandorf was absent. The commission approved the August 21, 2026 minutes and all land-use items requiring hearings; no public testimony was offered. Opening and Minutes - The Open Meetings Act notice was announced, and roll call established a quorum. - The commission approved the August 21, 2026 minutes; Baker and Dakin abstained, and Scott-Pandorf was absent. Public Comments & Testimony - No members of the public spoke at any of the public hearings. - For Rezoning No. 2026-18, staff reported receiving two phone calls: an adjacent property owner asked why the property was being rezoned and noted it had been a nuisance property in the past but that they had no current issues; another caller misunderstood the map and thought their own property was being rezoned. Discussion Item: Rezoning No. 2026-18 - 1416 East 30th Drive - Applicant Mitchell W. Humphrey of Buffalo Surveying Corp., on behalf of owner KDIVER, LCC, requested a rezoning from R-1 (Urban Residential Single-Family, Low Density) to R-2 (Urban Residential Mixed-Density). - The property is Lots 19 and 20, Block 1, Sunny Acres Subdivision, plus abutting right-of-way. It contains a sixplex that has been vacant since 2017 and is nonconforming in R-1; it cannot be considered legally nonconforming because of the vacancy. Rezoning to R-2 would allow conversion to a maximum fourplex and would require landscaping and buffer-yard compliance. - Staff noted the rezoning aligns with the Future Land Use map and meets lot width/size requirements, but staff's formal recommendation was no recommendation, with notations that adjacent owners might oppose the change because the property had been zoned R-1 for 53 years and nearby housing to the southwest and north/west is single-family. - The commission approved Rezoning No. 2026-18 based on staff findings; all present members voted aye, with Scott-Pandorf absent. Withdrawn Application: Rezoning No. 2026-19 - 4310 Cottonmill Avenue - This application by Coy T. Clark, for owners Garett D. Pohlman and Monique J. Pohlman, was withdrawn by the applicant; no action was taken. Discussion Items: Subdivision Vacation No. 2023-04, Rezoning No. 2026-20, and Final Plat No. 2026-11 - Spruce Hollow West Fourth - Applicant Craig Bennett of Miller & Associates, on behalf of Matthew and Caroline Weber and DT Development, Inc., presented three related requests for property approximately 250 feet north of Country Club Lane and 60th Street. - The package would vacate Lot 1, Block 1, Spruce Hollow West Second; rezone approximately 2.3 acres from AG (Agricultural) to RR-2 (Rural Residential, Intermediate Standards); and approve the Final Plat of Spruce Hollow West Fourth. - The proposed final plat would create a one-lot subdivision of 6.363 acres with additional right-of-way dedication; the applicant described the overall tract as 6.82 acres. - No public water or sanitary sewer would be extended; lots would use private wells and on-site sanitary sewer. The development would extend a 24-foot-wide paved road. - Staff found the requests consistent with the existing Future Land Use designation (RE), compatible with surrounding land uses, and consistent with the 2016 Comprehensive Plan, and recommended approval of all three items. - The commission voted separately on each item, approving Subdivision Vacation No. 2023-04, Rezoning No. 2026-20, and Final Plat No. 2026-11; all present members voted aye, with Scott-Pandorf absent. Reports - Staff reported that the city council recently passed new data-center code regulations and approved a related conditional use permit; staff said the regulations position Kearney well for that industry. - The Nebraska Planning and Zoning Association fall conference, a one-day webinar, is scheduled next month; staff will send registration information. - Upcoming staff work includes airport-area rezoning and other residential and commercial code updates expected in late 2026 and early 2027. - Staff noted development review has slowed somewhat, cited the recent interest-rate increase as a risk for development, and said many residential developments are expected to come online in fall and spring. Key Outcomes - Approved minutes of the August 21, 2026 meeting. - Approved Rezoning No. 2026-18 for 1416 East 30th Drive (R-1 to R-2). - Noted Rezoning No. 2026-19 was withdrawn. - Approved Subdivision Vacation No. 2023-04. - Approved Rezoning No. 2026-20 (AG to RR-2). - Approved Final Plat No. 2026-11 for Spruce Hollow West Fourth. - The meeting adjourned after reports.

The Kearney City Council held public hearings on September 9, 2026, at 5:30 p.m., to discuss the proposed fiscal year 2026-2027 budget and the 2026 property tax request. The hearings were for discussion only; final votes are scheduled for the September 22 council meeting. Discussion Items - Budget presentation by Finance Director Brian Schultz: General fund revenues are just over $40 million, with expenditures just under $41 million (a 1.7% increase from the prior year). Personnel costs account for approximately 62% of the general fund budget (compared to Grand Island's 80%). Property taxes support the general fund and public safety bonds (16%). Enterprise fund revenues total $59 million, down about $10 million from the previous year, driven by capital projects. Personnel changes include a 3% cost-of-living adjustment, conversion of some full-time positions to part-time and limited classifications, addition of a fire engineer for Fire Station 3, and a police officer position contingent on grant funding. Major capital projects: Fire Station 3, airport improvements, and street projects. Fee schedule changes: building permit fees increase from $0.27 to $0.30 per square foot, pool pass simplification, golf pass increases, utility rate increases (water 3%, sewer 7.5% final year, sanitation 3.5%, stormwater from $3 to $3.25 residential and $8 to $10 non-residential). Budget assumptions: 1.5% sales tax growth, 5.3% property valuation growth (actual, above estimated 5%), 2.53% growth valuation (actual, above estimated 1.67%), no increase in NPPD lease payments, no health insurance premium increase, and needs-only capital spending. - Property tax hearing: The total property tax request of $8.5 million remains unchanged from the preliminary estimate, but the overall levy rate decreased slightly due to higher-than-expected valuation growth (5.3% vs. 5% estimate). The levy breakdown across four taxing entities was presented. - Council member asked about missing sales tax revenue slides; no further questions. Key Outcomes - Both public hearings were closed by unanimous roll call votes (Mayor Nikkila, Vice-President Buschkoetter, Council Members Moore, Schmidt, Kotsiopulos all voted aye). - No members of the public provided testimony at either hearing. - Final adoption of the budget, comprehensive fee schedule, property tax request resolution, and budget ordinance is scheduled for the September 22 council meeting.

The Kearney City Council met on September 8, 2026 at 5:30 p.m. in City Council Chambers to conduct a series of public hearings and votes related to the Tech One business park, new data center regulations, and a proposed data center project by Horizon 1 Kearney Owner, LP. The council also handled consent agenda items, consent ordinances, and regular agenda items including a land purchase agreement and a community benefit agreement. All major votes were unanimous, with one abstention on a separate claim. Consent Calendar - Approved amended minutes from July 28, 2026 and minutes from August 25, 2026. - Approved claims as presented. - Adopted Resolution No. 2026-101 approving amended Meadowlark Hills Golf Course Rules and Regulations from the Golf Advisory Board. - Adopted Resolution No. 2026-102 approving Change Order No. 4 (decrease of $30,024.59 and 17 calendar day increase) for the Airport Apron Reconstruction Project. Public Comments & Testimony - Trevor Lee (Buffalo County Development Council) expressed full support for the data center code amendments, commending the city’s proactive approach. - Jordan Duffin Wong (820 West 56th Street, planning consultant) spoke as an expert and citizen in favor of all four code amendments (Ordinances 8819–8822), noting they match the spirit of regulations he is drafting for other Nebraska communities. - Dan Javens (5207 Avenue C Place) raised concerns about water consumption and runoff, questioning the comparison of water use between data centers and other uses. - Jacqueline Peterson (northeast of town) expressed concerns about water usage, noise, and impact on the Veterans Home, urging the city to consider the Ogallala Aquifer and livestock needs. - Ibrahim Hey Moustelier (5920 West 70th Street) asked about enforceability of water use limits, electricity cost protections, job requirements, noise compliance timelines, and backup generator usage. He received responses from staff and council. - Ellery Butterfield (2831 E Avenue) questioned the city’s ability to enforce regulations against a large corporation and expressed concern about potential delays in addressing complaints. - Terry Kraft (1501 East 64th) asked what the community receives in consideration for the project; the city manager detailed the community benefit agreement. - Matthew Schulte asked about the wind load capacity of the proposed screening walls; staff explained structural requirements will be verified at building permit stage. Discussion Items Public Hearings 1–4: Tech One Fifth Subdivision Rezoning, Vacations, and Final Plat - Craig Bennett (Miller & Associates) presented the proposal to rezone 96.04 acres from BP/PD to BP, vacate a platted lot and a portion of Tech One Boulevard, and approve a final plat for 58.77 acres (Tech One Fifth Subdivision). The property has been planned for data center use since 2010. Existing water, sewer, and stormwater infrastructure was reviewed. The rezoning aligns with the comprehensive plan. - Council clarified that this hearing only addressed zoning and platting, not the specific data center project. - Public comment: A resident asked about acreage and future use; staff explained it consolidates lots into one. Public Hearings 5–8: Data Center Code Amendments - City Manager Brenda Jensen presented the proposed amendments: a new definition for data centers, limiting them by conditional use permit (CUP) in BP, M-1, and M-2 districts; a 10-page set of supplemental regulations including 1,000-foot setback from residential, 100-foot building setback, 50-foot landscape buffer, closed-loop cooling system, sound limit of 55 dBA LDN at property line, annual reporting, and third-party studies. She compared water use (2–5 million gallons/year) to other local uses (e.g., Yanney Park splash pad uses 25 million gallons/year; a golf course uses 4.3–5.5 million gallons per hole). Power costs are protected by state law (LB 1010) requiring large users to pay for infrastructure. - Mike O’Brien (City Attorney) explained that a moratorium is a pause, not a ban, and that prohibiting a lawful use is very difficult. He confirmed the enforceability of CUPs, which can be revoked for noncompliance. - Council members expressed gratitude for the advisory group and the thorough process. They noted the regulations are likely the strictest in Nebraska. - Public comment: Several speakers supported the regulations; Dan Javens raised water and sound concerns. Council responded that the code addresses evaporative cooling (not allowed) and that sound is measured with a weighted average. Public Hearing 9: Conditional Use Permit for Horizon 1 Data Center - Craig Bennett presented the site plan for Horizon 1 on 69 acres (including existing MARA crypto mine). The project includes two buildings (Phase 1 and Phase 2) with potential additions. It reuses existing 100 MW power capacity and requests additional 168 MW (total 268 MW) with expected availability in 2029–2031. The closed-loop cooling system consumes 1 million gallons/year (Phase 1+2) plus 2 million gallons/year for irrigation. Screening walls (55 ft tall) and setbacks meet the new code. The architectural design uses agricultural vernacular with metal panels. - Ryan Fold (SDV) and Ryan Luthman (DLR Group) presented building details: 30 ft tall pre-engineered metal building, data halls, office space, and mechanical yards. The project will achieve two Green Globes certification. - Questions addressed noise mitigation (screening walls, new chillers), timeline (construction Nov/Dec 2026, operational March 2028), fire response, and generator testing (54 backup generators; testing limited by code). - Public comment: Jacqueline Peterson and others raised water and noise concerns; Ibrahim asked about future water use, power costs, jobs, and noise enforcement. Council noted no minimum job requirement but highlighted 59 permanent jobs at full build-out and $13 million annual payroll. - The council moved to approve the CUP unanimously. Public Hearing 10: Waterline Easement - Sarah Son (Utilities Director) explained the permanent 10-foot waterline easement from Kearney Public Schools for a relocated fire hydrant at Sunrise Middle School. No public comment. Approved unanimously. Regular Agenda: Purchase and Sale Agreement & Community Benefit Agreement - Brenda Jensen presented Resolution 2026-103: purchase of 72.45 acres by Horizon 1 for $7,103,010, with a 10% deposit, 60-day closing, minimum $300 million in Phase 1 construction, and repurchase provisions if construction does not start within two years. - Resolution 2026-104: Community Benefit Agreement includes: $250,000/year for 5 years to Central Community College (mechatronics), Kearney Public Schools (STEM), and Hot Meals USA (capital project); waiver of existing lease rebate ($2 million/year to city); estimated $14 million/year in electric lease payments at full build-out; $20 million/year in property taxes (to county, schools, etc.); 59 permanent jobs; veteran and local hiring preference; water stewardship partnership; and quarterly/annual reporting. - Public comment: Terry Kraft asked about benefits; staff summarized. No further comment. Both resolutions passed unanimously. Other Regular Agenda - Open account claim to University of Nebraska at Kearney for $2,000 was approved (Moore abstained). Key Outcomes - Unanimous approval (5-0) of Ordinance 8816 (rezoning 96.04 acres to BP), Ordinance 8817 (vacation of Lot 1, Block Two), Ordinance 8818 (vacation of portion of Tech One Boulevard), and Resolution 2026-99 (final plat for Tech One Fifth Subdivision). - Unanimous approval (5-0) of Ordinances 8819–8822 (data center code amendments: definition, use matrix, supplemental regulations, parking). - Unanimous approval (5-0) of Ordinance 8823 (conditional use permit for Horizon 1 data center). - Unanimous approval (5-0) of Resolution 2026-100 (waterline easement). - Unanimous approval (5-0) of consent agenda items 1–4, consent ordinances 8824–8826 (Golf Advisory Board code amendment, public safety bonds up to $5,075,000, salary ordinance). - Unanimous approval (5-0) of Resolution 2026-103 (purchase and sale agreement). - Unanimous approval (5-0) of Resolution 2026-104 (community benefit agreement). - Approved (4-0-1 abstention) open account claim to UNK. - All votes were roll call; Mayor Nikkila, Vice-President Buschkoetter, Council Members Moore, Schmidt, and Kotsiopulos voted aye on all except Moore abstained on the UNK claim.

The Kearney City Council met on August 25, 2026 at 5:30 p.m. in Council Chambers. The meeting included a public hearing on a new Class I liquor license for a seasonal pop-up cocktail bar, approval of the consent agenda and a consent agenda ordinance, and no public comment. Consent Calendar - Approved minutes of the August 11, 2026 special and regular meetings. - Approved the claims. - Received Planning Commission recommendations and set September 8, 2026 at 5:30 p.m. as date and time for hearing on applicable applications. - Adopted Resolution No. 2026-98 approving the appointment of Corey Moen, Ian Hanson, and Coraleen Clark to the Kearney Volunteer Fire Department. - Approved the annual renewal of manufactured home court licenses for Valley View Mobile Home Court (2701 and 2801 Grand Avenue) until May 31, 2027. Public Hearing - Conducted a public hearing for a new Class I (Beer, Wine, Spirits On Sale Only) liquor license and manager application submitted by K-Town Wolfpack, LLC dba Miracle on 23rd Street, located at 11 West 23rd Street. Applicant Cameron Pister described the business as a seasonal Christmas-themed pop-up cocktail bar open for approximately 60–75 days each year beginning October 15, with hours Thursday through Sunday from 4 p.m. to 11 p.m., targeting adults age 40 and older. After the holiday season, the space would be available for private rentals (birthday parties, graduations, etc.). No members of the public spoke during the hearing. The council unanimously approved Resolution No. 2026-97, which recommends the license to the Nebraska Liquor Control Commission for their consideration. Consent Agenda Ordinance - Ordinance No. 8761A amending the warranty deed related to the purchase and sale agreement approved at the April 28, 2026 council meeting. The amendment reflects an assignment by Shamrock Data, LLC to Sequitur America, LLC dba Sequitur Edge and a reduction in the number of lots purchased (Lot 3, Block 2, Tech One Fourth Subdivision) and an amended purchase price. The council suspended the three-reading rule and passed the ordinance on first reading, then passed it for final adoption. Key Outcomes - Resolution 2026-97 (liquor license recommendation) approved (5-0). - Consent Agenda items 1–5 approved (5-0). - Ordinance No. 8761A introduced and passed (5-0 on both readings). - No public comments or regular agenda items. - Next public hearing scheduled: September 8, 2026 at 5:30 p.m.

The Kearney Planning Commission met on August 21, 2026, at 9:00 a.m. in City Council Chambers. After a brief recess (9:00–9:20 a.m.), the Commission considered routine approvals, a major subdivision and rezoning package, comprehensive code amendments to regulate data centers, and a conditional use permit for a new data center facility. All items were approved, with the code amendments and conditional use permit drawing significant public comment and detailed presentations. Consent Calendar - Minutes of July 17, 2026: Approved on a 5-0-2 vote (Commissioners Cochrane and Gargan abstained). Public Comments & Testimony - During Code Amendments (Items 10–13): Cindy Powell expressed concerns about water use and noise, asking whether groundwater or surface water would be used and noting that regulations are reactive. Dan Javens questioned the timeline for drilling new wells, demanded action on existing noise from the cryptocurrency facility, and raised concerns about lights, air pollution, and impacts on children’s hearing. He submitted written materials. - During Conditional Use Permit (Item 14): Dan Javens asked about decommissioning of the existing crypto facility and ownership of vacated land. Jacob Von Larchick praised the project’s payment for infrastructure, tax benefits, and the reduction in noise from the existing facility. Discussion Items - Presentation of Capital Expenditures (2026–2027): Finance Director Brian Schultz presented $24 million/day water capacity (peak 13.7 million), earmarked funds for paving, sewer, water districts, street maintenance, a wastewater treatment paving project, and a lead service line project. The report was approved unanimously. - Items 5–9 – Tech One Fifth Subdivision (Rezoning, Vacations, Preliminary and Final Plat): Craig Bennett (Miller & Associates) presented a 96.04‑acre rezoning from BP/PD to BP, vacation of Lot 1 Block 2 and a portion of Tech One Boulevard, and the plat for a 55.87‑acre lot. The site is an alfalfa field with a fiber‑optic carrier hotel. Infrastructure includes a 16‑inch water main and 27‑inch sanitary sewer. The subdivision is consistent with the Comprehensive Plan. Staff recommended approval. All five items (rezoning, subdivision vacation, street vacation, preliminary plat, final plat) passed unanimously. - Items 10–13 – Data Center Code Amendments: City Manager Brenda Jensen detailed a 10‑page regulatory package developed with an advisory committee, an acoustical engineer, and industry experts. Key provisions: a new definition for data centers, conditional use permit requirement only in BP, M‑1, and M‑2 districts, supplemental regulations (1,000‑ft setback from residential, 55 dBA LDN noise limit at property line, closed‑loop cooling, water/wastewater study, post‑construction sound verification, annual reporting, decommissioning plan), and off‑street parking standards. The city’s water capacity (24 MGD permitted, peak 13.7 MGD) and state‑law protections on electricity costs (LB 1010, large‑load rates) were highlighted. NPPD representative Grant Flambook confirmed that data centers pay for infrastructure and new large‑load rates prevent cost shifting to residential customers. All four code amendments (2026‑02 through 2026‑05) were approved on separate unanimous votes. - Item 14 – Conditional Use Permit (Project Horizon): The application covered the newly platted lot and the adjacent cryptocurrency facility site. The presentation by Craig Bennett, Ryan Fold (STV), and Ryan Luthman (DLR Group) described a two‑phase data center using closed‑loop, air‑cooled chillers (Carrier brand), consuming about 1,200 gallons of water per day (equivalent to 5.3 homes). The building is a pre‑engineered metal structure with 50‑ft acoustic screen walls, designed to meet the 55 dBA LDN noise limit. Phase 1 will reuse the 100 MW power allocated to the existing crypto facility, which will be decommissioned when Phase 1 becomes operational. A community benefit package includes forgoing a $2 million annual rebate, supporting Central Community College workforce training, K‑12 STEM education, and Hot Meals nonprofit. Staff recommended approval with five conditions. After public testimony, the Commission voted unanimously to approve. Key Outcomes - Capital Expenditures Report approved unanimously. - Tech One Fifth Subdivision package (rezoning, two vacations, preliminary and final plat) approved unanimously. - Four code amendments (2026‑02, 2026‑03, 2026‑04, 2026‑05) approved unanimously, creating a data center use type, permitting them by conditional use permit in BP/M‑1/M‑2 districts, adding supplemental regulations, and setting parking minimums. - Conditional Use Permit No. 2026‑04 approved unanimously with five conditions: (1) notify Development Services within 30 days of any ownership change; (2) provide inventory of hazardous materials before certificate of occupancy and annually thereafter; (3) indemnify the city; (4) comply with all applicable laws; (5) permit void if no development or occupancy within two years. The permit is indefinite subject to compliance. - The meeting adjourned before noon.