VILLAGE OF ELM CREEK
BOARD OF TRUSTEES
PUBLIC HEARING MINUTES
APRIL 18, 2024, 7:00PM.
A Public Hearing of the Elm Creek Village Board of Trustees was convened in open and public session at the Elm
Creek Village Center, 535 W. Boyd Avenue, Elm Creek, Nebraska at 7:00p.m. on April 18, 2024. Advance Notice of
this meeting was given in advance thereof by posting of Notice in three public places within the Village and
publication in the Beacon Observer, as shown in the Certificate of Posting affixed to these minutes. Advance
Notice was simultaneously given to the Chairman and all members of the Board of Trustees and their
acknowledgment of receipt of Notice and the agenda are affixed to these minutes. Tanner Tool called the public
hearing to order at 7:01PM. by calling for the roll with the following members responding: Davis Miner, Michael
Strong, Tanner Tool, and Mike Brown. Absent: Kyle Lawrence. Tanner announced that in accordance with Section
84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is
posted on the east wall of the meeting room.
Tanner announced this Public Hearing to hear public comment regarding a conditional use permit for a small wind
energy system at 7680 Hwy 30. Marvion Reichert was present and said that he would be putting in two 100’ wind
towers to generate electricity for his farm. Dusty reported that the planning commission had approved the
request. With no further questions or comments, a motion was made by Tanner and seconded by Mike to close
the Public Hearing at 7:08PM. Ayes: Michael, Tanner, Mike, and Davis. Nays: none. The motion carried.
VILLAGE OF ELM CREEK
BOARD OF TRUSTEES
REGULAR MEETING MINUTES
APRIL 18, 2024, IMMEDIATELY FOLLOWING PUBLIC HEARING
A Regular Meeting of the Elm Creek Village Board of Trustees was convened in open and public session at the Elm
Creek Village Center, 535 W. Boyd Avenue, Elm Creek, Nebraska on Aprill 18, 2024 immediately following a public
hearing. Advance Notice of this meeting was given in advance thereof by posting of Notice in three public places
within the Village and publication in the Beacon Observer, as shown in the Certificate of Posting affixed to these
minutes. Advance Notice was simultaneously given to the Chairman and all members of the Board of Trustees
and their acknowledgment of receipt of Notice and the agenda are affixed to these minutes. Tanner Tool called
the meeting to order at 7:09PM. by calling for the roll with the following members responding: Tanner Tool, Davis
Miner, Michael Strong, and Mike Brown. Absent: Kyle Lawrence. Tanner announced that in accordance with
Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review
and is posted on the east wall of the meeting room.
CONSENT AGENDA
It was moved by Tanner and seconded by Davis to approve the Consent Agenda consisting of the minutes of the
Public Hearing and Regular Meeting on March 21, 2024, and the Claims for the month of April in the amount of
$106,246.65. Ayes: Mike, Davis, Michael, and Tanner. Nays: none. The motion carried.
SHERIFF’S REPORT:
Sgt Andersen from the Sheriff’s Department was in attendance. There wasn’t anything extraordinary to report.
Dusty commented that we have had resident concerns about N Easy Street and the high traffic and folks speeding.
He said that the speed trailer has been set up a few times by our CSO.
REGULAR AGENDA
Tanner moved agenda item #3 up to agenda item #1.
AGENDA ITEM #3: DISCUSSION/ACTION RE: Consider and approve conditional use permit for a small wind
energy system at 7680 Hwy 30.
It was moved by Tanner and seconded by Mike to approve the Conditional Use Permit for a small wind energy
system at 7680 Hwy 30. Ayes: Tanner, Mike, Michael, and Davis. Nays: none. The motion carried.
AGENDA ITEM #1: DISCUSSION: Public Hearing on Resolution of Necessity for Sewer Improvement District No
2024-1
Tanner called the public meeting to order at 7:13PM. There were no questions or comments.
It was moved by Tanner and seconded by Davis to close the public hearing at 7:14PM. Ayes: Mike, Davis, Tanner,
and Michael. Nays: None. The motion carried.
AGENDA ITEM #2: DISCUSSION/ACTION RE: Consider and Adopt Resolution of Necessity for Sewer
Improvement District No 2024-1.
Tanner read the resolution of necessity in full. It was moved by Tanner and seconded by Mike to approve the
Resolution of Necessity for Sewer Improvement District No 2024-1. Ayes: Michael, Mike, Tanner, and Davis.
Nays: none. The motion carried.
AGENDA ITEM #4: DISCUSSION/ACTION RE: Consider and approve Ordinance 2024-6 to Amend the code of
ordinance relating to chickens within corporate limits.
It was moved by Tanner and seconded by Davis to suspend the statutory rule requiring that ordinances be read on
3 separate occasions, so that Ordinance 2024-6 might be introduced, read by title 3 times and adopted at the
same meeting. Ayes: Michael, Tanner, Davis, and Mike. Nays: None. The motion carried.
ORDINANCE 2024-6: AN ORDINANCE OF THE VILLAGE OF ELM CREEK, NEBRASKA TO AMEND THE CODE OF
ORDINANCES RELATING TO CHICKENS WITHIN CORPORATE LIMITS; TO PROVIDE FOR A PENALTY; TO REPEAL
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND TO PROVIDE AN EFFECTIVE DATE.
It was moved by Tanner and seconded by Davis to approve Ordinance 2024-6. Ayes: Mike, Tanne, Michael, and
Davis. Nays: None. The motion carried.
AGENDA ITEM #5: DISCUSSION/ACTION RE: Consider and approve changing sewer repairs from Repairs &
Maintenance Expense to ARPA Expense.
Dusty said that since the board approved using ARPA funds for the new pump for the lift station last month that
he would like them to consider using some of the ARPA funds for the other sewer expenses we have incurred
already this fiscal year.
It was moved by Tanner and seconded by Davis to approve changing the sewer repair expenses from Repairs and
Maintenance to ARPA. Ayes: Tanner, Mike, Michael, and Davis. Nays: None. The motion carried.
AGENDA ITEM #6: Discuss water and sewer rate study provided by Nebraska Rural Water
Randy Hellbusch with Nebraska Rural Water did a rate study comparing our usage and expenses for the past 3
years. We have not had an increase in our sewer rates since 2011 or an increase in our water rates since 2019.
The board will discuss it at a future meeting. No action was taken at this time.
DEPARTMENT REPORTS
We had 1 fence permit request for 520 W Oak St. GD Construction will begin working on the Beecroft Street
project once school is out for the year. The lights at the baseball field have all been fixed. We have filed a claim
with our insurance company due to a lightening strike that took a few of them out. The maintenance staff has
been working on the fields to get them ready for the season. There have been requests made to build carports
but according to our zoning matrix they are not allowed. The board agreed to keep it that way. There has been
discussion again about merging the Village Library with the School Library. There will be a meeting April 24 at the
school to discuss it further. The Elm Creek Childcare Initiative will be holding a community forum on April 23 at
ECPS. The Village Center Agency was informed that they will be dropped from their insurance in May. Since the
Village splits the cost with the Fire Department Dusty suggested that we look at adding them to our policy and still
sharing the cost. Dusty suggested that we revisit the dissolution of the Village Center Agency again. We were
informed that our accountant Ryan Hipke with Dana F Cole has resigned. We are waiting to see who they assign in
his place.
AGENDA ITEM #7: Adjournment
All agenda items having been considered, it was moved by Mike Brown and seconded by Michael Strong to
adjourn this Regular Meeting. Ayes: Mike, Michael, Tanner, and Davis. Nays: none. The motion carried and the
meeting was adjourned at 8:05PM.