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Kearney council approves multiple land-use measures, plats and easements including Old Father First Edition

Kearney City Council · January 13, 2026

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Summary

The City Council approved ordinance and resolution actions to vacate a utility easement for OE Engines, rezone multiple parcels, adopt the Old Father First Edition final plat and annexation, and acquire a permanent right-of-way easement for Bert Avenue tied to Box Butte development.

At its meeting, the Kearney City Council approved a slate of land-use ordinances and resolutions covering easement vacations, rezonings, a final plat and an acquisition of right-of-way easement tied to business development.

Key approvals included the vacation of a 10-foot by 890-foot utility easement at Cherry Avenue Industrial Park (Ordinance No. 8777) to allow potential expansion for OE Engines LLC, and a rezoning (Ordinance No. 8778) changing a parcel north of East 56th Street from R-1 (single-family) to AG (agricultural). Both ordinances were placed on final reading and approved by unanimous roll-call votes.

Council also considered multiple items tied to the Old Father First Edition master plan and subdivision. Craig Bennett of Miller Associates presented a multi-phased master plan for a 174-acre area and a one-lot final plat (3.57 acres) being considered in the first phase. The council adopted Resolution No. 2026-1 (land-use map amendment), Resolution No. 2026-2 (land-use amendment to MU-1 for portions), Resolution No. 2026-3 (final plat and subdivision agreement) and Resolution No. 2026-4 (annexation of Old Father First Edition). Staff discussed infrastructure readiness—including 16-inch water mains, gravity sanitary sewer and proposed stormwater detention—and noted potential TIF Area 10 eligibility.

During discussion, council and staff flagged a discrepancy between the city's physical-note engineer estimate for paving ($879 shown in a staff note) and the subdivision-agreement estimate (about $5,754.04 or figures discussed that increased the pavement-related costs); staff clarified the subdivision agreement numbers govern reimbursement and that the final developer-infrastructure-construction agreement (DCIA) will adjust estimates based on actual design.

The council also adopted Resolution No. 2026-5 to acquire a permanent right-of-way easement from Gary L. Henderson for Bert Avenue (39th) to support the Box Butte business development project, which staff said is tied to an EDA grant and recent successful bid awards for construction.

Votes at a glance

- Ordinance No. 8777 (vacate utility easement, Cherry Avenue Industrial Park): passed by roll call (unanimous Aye). - Ordinance No. 8778 (rezoning north of East 56th Street from R-1 to AG): passed by roll call (unanimous Aye). - Ordinance No. 8779 (rezoning vacant land west of 20915 West 16th Street to BP — noted later in agenda): passed by roll call (unanimous Aye). - Resolution No. 2026-1 (land use map amendment for Old Father area): adopted by roll call (Aye). - Resolution No. 2026-2 (land use amendment to MU-1 for part of Old Father): adopted by roll call (Aye). - Resolution No. 2026-3 (final plat and subdivision agreement for Old Father First Edition): adopted by roll call (Aye). - Resolution No. 2026-4 (annexation of Old Father First Edition): adopted by roll call (Aye). - Resolution No. 2026-5 (acquisition of permanent right-of-way easement from Gary L. Henderson): adopted by roll call (Aye).

What council asked staff to track: a precise reconciliation of physical estimate vs. subdivision agreement numbers for pavement/utility reimbursements; details on who would bear bridge/connection costs if the 16th Street crossing is required in future phases; and confirmation of TIF eligibility for the property if requested by developers.

Next steps: Staff will finalize subdivision agreement details, proceed with publication as required by law for the ordinances, and coordinate infrastructure agreements during future DCIA/design phases.