VILLAGE OF ELM CREEK
BOARD OF TRUSTEES
PUBLIC HEARING AND REGULAR MEETING MINUTES
FEBRUARY 15, 2024, 7:00 P.M.
Two Public Hearings and the regular monthly meeting of the Elm Creek Village Board of Trustees were convened in open
and public session at the Elm Creek Village Center, 535 W. Boyd Avenue, Elm Creek, Nebraska at 7:00 p.m. on February
15, 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 both the Public
Hearings and Regular meeting to order at 7:00 p.m. by calling for the roll with the following members responding: Davis
Miner, Michael Strong, Tanner Tool, Mike Brown and Kyle Lawrence. Absent: None.
Tanner Tool 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 opened the public hearing on the renewal of a conditional use permit at 201 N Tyler St.
Dusty reported that the Planning Commission had met earlier and that they recommended renewing it for another 2
years.
With no further discussion a motion was made by Tanner and seconded by Kyle to close the first Public Hearing. Ayes:
Michael, Kyle, Davis, Mike and Tanner. Nays: none. The motion carried and the hearing was closed at 7:02p.m.
Tanner Opened the second public hearing on the purchase of land one half mile south of Elm Creek on Highway 183.
Marvion and Janet Reichert were in attendance and wanted to know what we were planning to use the land for. Tanner
explained that it would be for land application of our sewer lagoons.
With no further discussion a motion was made by Tanner and seconded by Davis to close the second Public Hearing.
Ayes: Davis, Michael, Tanner, Mike, and Kyle. Nays: None. The motion carried and the hearing closed at 7:05p.m.
CONSENT AGENDA
It was moved by Tanner and seconded by Davis to approve the minutes of the Regular Meeting on January 18, 2024 and
the February Claims in the amount of $120,691.96. Ayes: Kyle, Michael, Davis, Mike, and Tanner. Nays: none. The
motion carried.
SHERIFF’S REPORT:
Captain Bob Anderson was in attendance. He reported that it was a quiet and cold month. Crimes against property and
persons are down. Dusty congratulated Captain Bob on his 45 years of service.
REGULAR AGENDA
AGENDA ITEM #1: Caden Frank from the Nebraska Association of School Boards presented the data collected from the
community survey that took place last fall. Approximately 200 surveys were completed and the participants ranged in
age from 14-82. Caden discussed the Core Elements that were evaluated and the identified needs for each. A completed
copy of the results will be posted online for the community to read.
AGENDA ITEM #2: Consider and approve a Conditional Use Permit made by Mike Robinson for 201 N Tyler Street
Dusty said that there have been no issues with having this address as an apartment. Parking has not caused any issues
for snow removal. The Planning Commission recommended renewing the conditional use permit for another 2 years.
It was moved by Tanner and seconded by Kyle to approve the renewal of a Conditional Use Permit made by Mike
Robinson for an apartment at 201 N Tyler Street for another 2 years. Ayes: Davis, Kyle, Tanner, Michael, and Mike.
Nays: none. The motion carried.
AGENDA ITEM #3: Consider and approve the Wastewater Land Application Agreement with Ourada Family
Partnership and to pay the consideration fee of $5000.00 upon signing of this agreement.
It was moved by Tanner and seconded by Mike to approve the Wastewater Land Application Agreement with Ourada
Family Partnership and to pay the consideration fee of $5000.00 upon signing of this agreement. Ayes: Davis, Michael,
Tanner, Mike, and Kyle. Nays: None. The motion carried.
AGENDA ITEM #4: Consider and approve the bids for a backup lift station pump.
The old pump failed so we replaced it with the backup on hand. It is going to cost over $10,000 to rebuild the old pump.
We can use our ARPA funds for this purchase.
It was moved by Tanner and seconded by Michael to accept the bid from Electric Pump in the amount of $5833.25 plus
the cost of freight to buy a new lift station pump. Ayes: Davis, Michael, Tanner, Mike, and Kyle. Nays: none. The motion
carried.
AGENDA ITEM #5: Resolution of Approval; A resolution authorizing the Municipal Clerk/Treasurer to make certain
payroll payments and other recurring monthly expenses.
Tanner read Resolution 2024-1 in full. It was moved by Tanner and seconded by Davis to approve Resolution 2024-1; A
resolution authorizing the Municipal Clerk/Treasurer to make certain payroll payments and other recurring monthly
expenses. Ayes: Mike, Michael, Davis, Kyle, and Tanner. Nays: None. The motion carried.
AGENDA ITEM #6: Resolution of Approval; A resolution of the Village of Elm Creek approving the purchase of certain
real estate (2024).
Tanner read Resolution 2024-2 in full. It was moved by Tanner and seconded by Kyle to approve Resolution 2024-2; A
resolution of the Village of Elm Creek approving the purchase of certain real estate (2024)
Ayes: Davis, Tanner, Kyle, Mike, and Michael. Nays: None. The motion carried.
AGENDA ITEM #7: Consider and authorize the earnest money to be paid to the title company in the amount of
$61,500.00 per the purchase agreement.
It was moved by Tanner and seconded by Mike to approve the payment of earnest money to the title company in the
amount of $61,500.00 per the purchase agreement and to pay it out of the Money Market Account.
Ayes: Mike, Kyle, Michael, Davis, and Tanner. Nays: None. The motion carried.
AGENDA ITEM #8: Consider bids and approve contract for Beecroft Street Project
We received 6 bids for this street project. The project is scheduled to begin once school is out and is to be completed by
July 15. It was moved by Tanner and seconded by Michael to award the bid to GD Concrete Construction in the amount
of $215,090.00. Ayes: Davis, Tanner, Mike, Kyle, and Michael. Nays: None. The motion carried.
PUBLIC COMMENT: Dan McKeon introduced himself and informed us that he is running for the State Legislature in
District 41.
DEPARTMENT REPORTS
EMPLOYEE REPORTS – Anaise Meier would like to bring pickleball to Elm Creek. She is interested in utilizing the tennis
courts for a league. Summer lifeguard and utility positions have been posted. As part of their safety plan the Elm Creek
Public School will be bringing their staff over for a site visit. The Village Hall is the reunification point for students and
families in the event of an emergency. Dusty and Amy attended an informational meeting on LB840 that was held in
Kearney on February 8. Trevor Lee would be willing to come speak with the board to give them more information as
well. Dusty and Amy will be meeting with Mike Bacon to discuss TIF. Brandon Marquez and FFA Leader Danie Brandl
are coming over to the Village to see where they may be able to put the greenhouse the FFA is getting. The Village has
purchased the old preschool playground from ECPS and will be moving it to the park. Mike Brown said there are only 4
more lights that need to be put in at the ballfields before the season begins. We are working with Area Services to get
power to the batting cages before the season begins.
AGENDA ITEM #9: Adjournment
All agenda items having been considered, it was moved by Mike Brown and seconded by Michael Strong to adjourn this
Regular Meeting. Ayes: Davis, Michael, Tanner, Mike, and Kyle. Nays: none. The motion carried and the meeting was
adjourned at 8:39 p.m.