VILLAGE OF ELM CREEK

BOARD OF TRUSTEES

REGULAR MEETING MINUTES

JANUARY 15, 2025 7:00 P.M.

 

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 at 7:00 p.m. on January 15, 2025.  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 7:00 p.m. by calling for the roll with the following members responding: Brian Florell, Michael Strong, Tanner Tool, Davis Miner, and Kyle Lawrence.  Absent: None.  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 Regular Meeting on December 15, 2024, and the Claims for the month of January in the amount of $113,895.64  Ayes: Kyle, Michael, Davis, Brian, and Tanner.  Nays: none.  The motion carried.

 

SHERIFF’S REPORT:  The Sheriff was not in attendance.

 

REGULAR AGENDA

 

AGENDA ITEM #1: Consider and approve bids received for land lease.

We received 2 bids for the lease.  Gray Pearson bid $115.00 per acre for 5 years.  Craig Bialas and Kelcee Green bid $125.00 per acre with a $10.00 per acre increase per year for 5 years.

It was moved by Tanner and seconded by Michael to approve the farm hay bid as presented by from Craig Bialas and Kelcee Green. Ayes: Kyle, Michael, Tanner, Brian, and Davis.  Nays: None.  The motion carried.   

 

AGENDA ITEM #2: Discuss plans and specs for land application infrastructure to be put out for bid.
Dana Peterson gave recommendations on layout and materials to use for the effluent piping for land application.  We will be putting it out to bid so that it may be bid and awarded at the February meeting.
It was moved by Tanner and seconded by Kyle to approve the plans and specs as presented by Frontwater Engineering.  Ayes: Michael, Tanner, Brian, Kyle, and Davis.  Nays: None.  The motion carried.

AGENDA ITEM #3 Appoint new Village Agency Board Member to replace Michael Strong
It was moved by Tanner and seconded by Davis to appoint Brian Florell to the Village Agency Board.  Ayes: Tanner, Kyle, Davis, and Michael.  Nays: None. Abstain: Brian.  The motion carried.

AGENDA ITEM #4: Consider and approve 1 year lease on skid steer.
Currently leasing a Bobcat and the lease is up in February.  It would be another 1-year lease for $6000.00 with a 200-hour usage limit.  We have not reached the hour limit on the current lease.
It was moved by Tanner and seconded by Kyle to approve the lease as presented.  Ayes: Brian, Michael, Tanner, Davis, and Kyle.  Nays: None.  The motion carried.

 

AGENDA ITEM #5: Consider and adopt Ordinance 2025-1
An Ordinance Relating to filing and tax certification of adopted budget statements; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
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 2025-1 might be introduced, read by title and adopted at the same meeting.  Ayes: Michael, Kyle, Brian, Tanner, and Davis.  Nays: None.  The motion carried.

Ordinance No. 2025-1: An Ordinance Relating to filing and tax certification of adopted budget statements; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Michael to approve Ordinance 2025-1.  Ayes: Davis, Michael, Tanner, Brian, and Kyle.  Nays: None.  The motion carried.

 

AGENDA ITEM #6  Consider and adopt Ordinance 2025-2
An Ordinance Relating to the process of holding general and special elections; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
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 2025-2 might be introduced, read by title and adopted at the same meeting.  Ayes: Brian, Kyle, Michael, Davis, and Tanner.  Nays: None.  The motion carried.

Ordinance 2025-2: An Ordinance Relating to the process of holding general and special elections; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

It was moved by Tanner and seconded by Kyle to approve Ordinance 2025-2.  Ayes: Kyle, Tanner, Davis, Michael, and Brian.  Nays: None.  The motion carried.

 

AGENDA ITEM #7 Consider and adopt Ordinance 2025-3
An Ordinance Relating to bidding and other requirements of biddings and purchases; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

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 2025-3 might be introduced, read by title and adopted at the same meeting.  Ayes: Michael, Brian, Kyle, Tanner, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-3: An Ordinance Relating to bidding and other requirements of biddings and purchases; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Michael to approve Ordinance 2025-3. Ayes: Tanner, Kyle, Brian, Davis, and Michael.  Nays: None.  The motion carried.

 

AGENDA ITEM #8 Consider and adopt Ordinance 2025-4
An Ordinance Relating to authority to accept credit cards; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

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 2025-4 might be introduced, read by title and adopted at the same meeting.  Ayes: Michael, Tanner, Brian, Kyle, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-4: An Ordinance Relating to authority to accept credit cards; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Kyle to approve Ordinance 2025-4.  Ayes: Davis, Kyle, Tanner, Michael, and Brian.  Nays: None.  The motion carried.

 

 

AGENDA ITEM #9 Consider and adopt Ordinance 2025-5
An Ordinance Relating to elections generally; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
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 2025-5 might be introduced, read by title and adopted at the same meeting.  Ayes: Brian, Michael, Tanner, Kyle, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-5: An Ordinance Relating to elections generally; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Brian to approve Ordinance 2025-5.  Ayes: Kyle, Davis, Brian, Michael, and Tanner.  Nays: None.  The motion carried.

 

AGENDA ITEM #10 Consider and adopt Ordinance 2025-6
An Ordinance Relating to investment and use of surplus funds; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

It was moved by Tanner and seconded by Michael to suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that ordinance 2025-6 might be introduced, read by title and adopted at the same meeting.  Ayes: Michael, Tanner, Brian, Kyle, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-6: An Ordinance Relating to investment and use of surplus funds; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

It was moved by Tanner and seconded by Michael to approve Ordinance 2025-6.  Ayes: Brian, Davis, Tanner, Michael, and Kyle.  Nays: None.  The motion carried.

 

AGENDA ITEM #11 Consider and adopt Ordinance 2025-7
An Ordinance Relating to keg sales; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
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 2025-7 might be introduced, read by title and adopted at the same meeting.  Ayes: Kyle, Brian, Michael, Tanner, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-7:  An Ordinance Relating to keg sales; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Michael to approve Ordinance 2025-7.  Ayes: Davis, Michael, Kyle, Brian, and Tanner.  Nays: None.  The motion carried.

 

AGENDA ITEM #12 Consider and adopt Ordinance 2025-8

An Ordinance Relating to applications for licenses to sell cigarettes and tobacco-related products; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
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 2025-8 might be introduced, read by title and adopted at the same meeting.  Ayes: Tanner, Brian, Davis, Michael, and Kyle.  Nays: None.  The motion carried.

Ordinance 2025-8: An Ordinance Relating to applications for licenses to sell cigarettes and tobacco-related products; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Kyle to approve Ordinance 2025-8.  Ayes: Brian, Kyle, Michael, Tanner, and Davis.  Nays: None.  The motion carried.

 

AGENDA ITEM #13 Consider and adopt Ordinance 2025-9
An Ordinance Relating to meetings of a public body; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

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 2025-9 might be introduced, read by title and adopted at the same meeting.  Ayes: Kyle, Michael, Davis, Tanner, and Brian.  Nays: None.  The motion carried.

Ordinance 2025-9: An Ordinance Relating to meetings of a public body; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

It was moved by Tanner and seconded by Michael to approve Ordinance 2025-9. Ayes: Davis, Michael, Kyle, Tanner, and Brian.  Nays: None.  The motion carried.

 

AGENDA ITEM #14 Consider and adopt Ordinance 2025-10
An Ordinance Relating to procedures for setting property tax requests for more than allowable growth percentage; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

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 2025-10 might be introduced, read by title and adopted at the same meeting.  Ayes: Brian, Michael, Tanner, Kyle, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-10: An Ordinance Relating to procedures for setting property tax requests for more than allowable growth percentage; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

It was moved by Tanner and seconded by Kyle to approve Ordinance 2025-10.  Ayes: Michael, Davis, Kyle, Brian, and Tanner.  Nays: None.  The motion carried.

 

AGENDA ITEM #15 Consider and adopt Ordinance 2025-11
An Ordinance Relating to procedures for setting property tax requests; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
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 2025-11 might be introduced, read by title and adopted at the same meeting.  Ayes: Brian, Michael, Tanner, Kyle, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-11 An Ordinance Relating to procedures for setting property tax requests; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Davis to approve Ordinance 2025-11.  Ayes: Kyle, Brian, Davis, Michael, and Tanner.  Nays: None.  The motion carried.

 

AGENDA ITEM #16 Consider and adopt Ordinance 2025-12
An Ordinance Relating to public participation at meetings of a public body; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

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 2025-12 might be introduced, read by title and adopted at the same meeting.  Ayes: Davis, Kyle, Tanner, Michael, and Brian.  Nays: None.  The motion carried.

Ordinance 2025-12 An Ordinance Relating to public participation at meetings of a public body; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Brian to approve Ordinance 2025-12.  Ayes: Tanner, Davis, Brian, Kyle, and Michael.  Nays: None.  The motion carried.

 

AGENDA ITEM #17 Consider and adopt Ordinance 2025-13
An Ordinance Relating to reissuance of a license to sell cigarettes and tobacco-related products; to harmonize with state law; to repeal conflicting ordinances and sections and to provide an effective date.
It was moved by Tanner and seconded by Michael to suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that Ordinance 2025-13 might be introduced, read by title and adopted at the same meeting.  Ayes: Brian, Michael, Tanner, Kyle, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-13: An Ordinance Relating to reissuance of a license to sell cigarettes and tobacco-related products; to harmonize with state law; to repeal conflicting ordinances and sections and to provide an effective date.
It was moved by Tanner and seconded by Kyle to approve Ordinance 2025-13.  Ayes: Brian, Kyle, Tanner, Davis, and Michael.  Nays: None.  The motion carried.

 

AGENDA ITEM #18  Consider and adopt Ordinance 2025-14 An Ordinance Relating to rights of a licensee to sell cigarettes and tobacco-related products; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

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 2025-14 might be introduced, read by title and adopted at the same meeting.  Ayes: Michael, Tanner, Brian, Kyle, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-14: An Ordinance Relating to rights of a licensee to sell cigarettes and tobacco-related products; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Michael to approve Ordinance 2025-14. Ayes: Tanner, Davis, Kyle, Brian, and Michael.  Nays: None.  The motion carried.

 

AGENDA ITEM #19 Consider and adopt Ordinance 2025-15
An Ordinance Relating to the process of holding special elections; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

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 2025-15 might be introduced, read by title and adopted at the same meeting.  Ayes: Davis, Kyle, Tanner, Michael, and Brian.  Nays: None.  The motion carried.

Ordinance 2025-15:  An Ordinance Relating to the process of holding special elections; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

It was moved by Tanner and seconded by Davis to approve Ordinance 2025-15.  Ayes: Kyle, Michael, Brian, Tanner, and Davis.  Nays: None.  The motion carried.

 

AGENDA ITEM #20 Consider and adopt Ordinance 2025-16
An Ordinance Relating to exit polls and poll watchers; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
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 2025-16 might be introduced, read by title and adopted at the same meeting.  Ayes: Michael, Tanner, Brian, Kyle, and Davis.  Nays: None.  The motion carried.

Ordinance 2025-16: An Ordinance Relating to exit polls and poll watchers; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Kyle to approve Ordinance 2025-16.  Ayes: Tanner, Michael, Kyle, Davis, and Brian.  Nays: None.  The motion carried.

 

AGENDA ITEM #21 Consider and adopt Ordinance 2025-17
An Ordinance Relating to procedures for petition, write-in, and other candidates for a general election ballot; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

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 2025-17 might be introduced, read by title and adopted at the same meeting.  Ayes: Brian, Michael, Tanner, Kyle, and Davis.  Nays: None.  The motion carried.
Ordinance 2025-17:  An Ordinance Relating to procedures for petition, write-in, and other candidates for a general election ballot; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Davis to approve Ordinance 2025-17.  Ayes: Davis, Tanner, Kyle, Michael, and Brian.  Nays: None.  The motion carried.

AGENDA ITEM #22 Consider and adopt Ordinance 2025-18
An Ordinance Relating to recall election procedures; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Michael to suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that Ordinance 2025-18 might be introduced, read by title and adopted at the same meeting.  Ayes: Michael, Tanner, Brian, Kyle, and Davis.  Nays: None.  The motion carried.
Ordinance 2025-18: An Ordinance Relating to recall election procedures; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.

It was moved by Tanner and seconded by Michael to approve Ordinance 2025-18.  Ayes: Michael, Davis, Tanner, Kyle, and Brian.  Nays: None.  The motion carried.

 

AGENDA ITEM #23 Consider and adopt Ordinance 2025-19
An Ordinance Relating to procedures for vacancy of elected officials; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
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 2025-19 might be introduced, read by title and adopted at the same meeting.  Ayes: Davis, Kyle, Tanner, Michael, and Brian.  Nays: None.  The motion carried.
Ordinance 2025-19: An Ordinance Relating to procedures for vacancy of elected officials; to harmonize with state law; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Michael to approve Ordinance 2025-19. Ayes: Brian, Kyle, Tanner, Davis, and Michael.  Nays: None.  The motion carried.

 

AGENDA ITEM #24 Consider and adopt Ordinance 2025-20
An Ordinance Relating to Organizations; to revise the list of Standing Committees; 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 suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that Ordinance 2025-20 might be introduced, read by title and adopted at the same meeting.  Ayes: Tanner, Kyle, Davis, Brian, and Michael.  Nays: None.  The motion carried.
Ordinance 2025-20: An Ordinance Relating to Organizations; to revise the list of Standing Committees; 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 Michael to approve Ordinance 2025-20.  Ayes: Brian, Michael, Kyle, Davis, and Tanner.  Nays: None.  The motion carried.

 

AGENDA ITEM #25 Appointment of Village Board to Standing Committees

  1. Utilities and Infrastructure (includes garbage, sewer, streets and water)
    B. Park, Recreation and Cemetery
    C. Finance (includes budget and finance, housing and economic development)

It was moved by Tanner and seconded by Michael to appoint Kyle and Michael to Utilities and Infrastructure, to appoint Brian and Tanner to Park, Recreation and Cemetery and to appoint Davis and Tanner to Finance.  Ayes: Michael, Davis, Kyle, Brian, and Tanner.  Nays: None.  The motion carried.

 

DEPARTMENT REPORTS

Curt Foster applied for a demo permit.

Waiting on Stan Ourada to sign the annual lease agreement.

There was a legislative bill introduced to remove sales tax from utilities.  They have already removed it from residential water and now it would be removed from sewer.

Dusty has reached out to Hannah Carr about managing the swimming pool this summer.

Dusty has contacted Kearney Park & Rec to see who they buy their pool features from.

Dusty had a conversation with the manager of Pump and Pantry to see if Bosselman’s has any plans to remodel this location. They do not at this time but they have been talking about redoing the parking lot.

Larry Gydesen has expressed interest in selling the ground where the red roof was.

Still seeking a healthcare provider to take over the Country Clinic.

Larry Gydesen and Brett Shubert have offered to help with snow removal if we have any major snow storms.

Board comments – complaints about residents blocking sidewalks.  Would like to see ice cleared from intersections so that the water can flow.


AGENDA ITEM #26: Adjournment

All agenda items having been considered, it was moved by Brian and seconded by Michael to adjourn this Regular Meeting.  Ayes: Davis, Tanner, Brian, Kyle, and Michael.  Nays: none.  The motion carried and the meeting was adjourned at 8:20 pm.

Amy Gillming
Village Clerk

January 2025 Claims
To Whom
Wages $21,012.57
FICA $6,241.18
State Income Tax Withholding $919.50
Principal Financial – Employee $1,417.38
Principal Financial – Employer $601.21
BCBS-Employee Health $565.68
BCBS – Employee Dental $42.36
BCBS-Employer Health/Dental $3,286.31
Mutual of Omaha – Vision Employee $6.98
Mutual of Omaha – Vision Employer $56.83
Mutual of Omaha – Life & AD&D $36.00
AFLAC – Employee $179.68
American Legal Publishing $399.00
Bank of America $1,260.13
Beacon Observer $64.11
Black Hills Energy $629.81
Buffalo County Election Commisioner $100.00
Buffalo County Highway Dept $900.00
Buffalo Cty Sheriff Dept $3,607.07
Builders $79.96
Cochran, Sheryl $60.00
Depository Trust $52,557.50
DeWald Deaver L’Heureux Law Firm $214.50
DHHS $30.00
DPPD $39.48
Eakes $38.49
Elm Creek Public School $30.00
Erickson, Danielle $48.64
Great Plains Communications $259.95
Haskill, Jill $1,300.00
Hometown Leasing $85.84
John Deere Financial $840.27
Matheson $101.50
Menards $80.27
Michael Todd $324.49
NAPA Auto Parts $168.97
NE Dept of Revenue $856.41
NPPD $3,264.53
Oak Creek Engineering $2,663.96
One Call Concepts $6.30
Ravenna Sanitation $8,152.80
Tractor Supply $30.12
Village Center Agency $857.07
Walker, Jane $44.82
Wex Bank $433.97

TOTAL $113,895.64

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