VILLAGE OF ELM CREEK
BOARD OF TRUSTEES
REGULAR MEETING MINUTES
JULY 17, 2025, 4:30 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 4:30 p.m. on July 17, 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 4:31 p.m. by calling for the roll with the following members responding: Kyle Lawrence, Brian Florell, Michael Strong, Tanner Tool & Davis Miner. 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 Kyle to approve the Consent Agenda consisting of the minutes of the Regular Meeting on June 19, 2025, and the Claims for the month of July in the amount of $135,861.20. Ayes: Kyle, Brian, Davis, Michael, and Tanner. Nays: none. The motion carried.
SHERIFF’S REPORT:
Sgt Gibbs said it was an uneventful month. Alex has been working on code violations for weeds and vehicles. They are getting ready for next month when school starts.
PUBLIC COMMENT
Jeff Hubbard was wondering what could be done about people shooting off fireworks in the future. He had issues with his neighbors respecting his property and using his driveway to light off their fireworks. Sgt Gibbs said that he had a couple of suggestions they could discuss after the meeting.
AGENDA ITEM #1: Consider and approve Rick Bauer’s request for EC Cruisers Car Show and street closure August 22 & 23, 2025.
It was moved by Tanner and seconded by Kyle to approve the street closure for the EC Cruisers Car Show August 22 & 23, 2025. Potter Avenue from Front Street to Tyler Street and Tyler Street from Potter Avenue to Calkins Avenue. Tyler street would remain open until the end of the parade. Ayes: Brian, Kyle, Michael, Davis, and Tanner Nays: None. The motion carried.
AGENDA ITEM #2: Consider and approve The Crick Restaurant & Bar for an SDL at the Buffalo Stampede Saturday August 23, 2025.
It was moved by Tanner and seconded by Brian to approve an SDL for The Crick Restaurant & Bar.
Ayes: Davis, Michael, Tanner, Kyle, and Brian. Nays: None. The motion carried.
AGENDA ITEM #3: Consider and approve the street closure for The Crick Restaurant & Bar Street Dance on Saturday, August 23, 2025 from 4:00pm to 1:00am. The 100 block of N Tyler St.
It was moved by Tanner and seconded by Davis to approve the street closure for the entire 100 block of North Tyler as long as there is approval from Curt Foster. Ayes: Michael, Tanner, Kyle, Brian, and Davis. Nays: None. The motion carried.
AGENDA ITEM #4: Consider and approve the street closure for the parade route on Saturday, August 23, 2025, from 9:30am to 11:00am.
It was moved by Tanner and seconded by Michael to approve the street closure for the parade route. McComb Street from Calkins to Potter and Potter Avenue from McComb Street to Tyler Street and Tyler Street from Potter Avenue to Elm Avenue. Ayes: Davis, Michael, Kyle, Tanner, and Brian. Nays: None. The motion carried.
AGENDA ITEM #5: Consider and approve LARM Insurance Renewal
Tanner read Resolution 2025-4 in full.
Resolution 2025-4
LEAGUE ASSOCIATION OF RISK MANAGEMENT 2025-26 RENEWAL RESOLUTION
WHEREAS, The Village of Elm Creek is a member of the League Association of Risk Management (LARM);
WHEREAS, section 8.10 of the Interlocal Agreement for the Establishment and Operation of the League Association of Risk Management provides that a member may voluntarily terminate its participation in LARM by written notice of termination given to LARM and the Nebraska Director of Insurance at least 90 days prior to the desired termination given to and that members may agree to extend the required termination notice beyond 90 days in order to realize reduced excess coverage costs, stability of contribution rates and efficiency in operation of LARM; and
WHEREAS, the Board of Directors of LARM has adopted a plan to provide contribution credits in consideration of certain agreements by members of LARM as provided in the attached letter.
BE IT RESOLVED that the governing body of The Village of Elm Creek, Nebraska, in consideration of the contribution credits provided under the LARM Board’s plan, agrees to:
- Provide written notice of termination at least 180 days prior to the desired termination date, which date shall be no sooner than September 30, 2026. (180 day notice only; 2% discount))
Adopted this 17th day of July 2025.
It was moved by Tanner and seconded by Kyle to approve Resolution 2025-4. Ayes: Kyle, Davis, Michael, Tanner, and Brian. Nays: None. The motion carried.
AGENDA ITEM #6: Consider and approve Resolution 2025-5 Sales Tax Increase
This would be a one-half percent increase to one- and one-half percent. It would increase total sales tax to seven percent, which is what Kearney, Holdrege and Lexington currently have. The increase would help fund continued street maintenance projects.
Tanner read Resolution 2025-5 in full.
RESOLUTION NO. 2025-5
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF ELM CREEK, NEBRASKA, PURSUANT TO THE NEBRASKA LOCAL OPTION REVENUE ACT, PROPOSING AND SUBMITTING TO VOTERS AT A SPECIAL ELECTION AN INCREASE OF THE LOCAL SALES AND USE TAX RATE OF AN ADDITIONAL ONE-HALF PERCENT (½%) FROM ONE PERCENT (1%) TO ONE AND ONE-HALF PERCENT (1½%).
WHEREAS, the local sales and use tax rate of the Village of Elm Creek, Nebraska is currently one percent (1%) pursuant to NEB. REV. STAT. §77-27,142 and the ordinance(s) approving such rate; and
WHEREAS, pursuant to NEB. REV. STAT. §77-27,142, upon an affirmative vote of at least seventy percent (70%) of all of the members of the governing body of the Village of Elm Creek, Nebraska, the Village shall submit to voters a proposal to increase the Village sales and use tax to a rate greater than one percent (1%) at a special election held within the Village; and
WHEREAS, the Village desires to propose to qualified electors of the Village at a special election to increase the Village’s sales and use tax rate by an additional one-half of one percent (½%) from one percent (1%) to one and one-half percent (1½%); and
WHEREAS, a proposed ballot question for such purpose is submitted with this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Elm Creek, Nebraska, that all of the following actions are hereby adopted and approved:
Section. 1. The Board of Trustees of the Village of Elm Creek, Nebraska hereby proposes to increase the Village of Elm Creek sales and use tax rate by an additional one-half of one percent (½%) from one percent (1%) to one and one-half percent (1½%).
Section 2. Said proposal to increase the Village of Elm Creek sales and use tax rate by an additional one-half of one percent (½%) from one percent (1%) to one and one-half percent (1½%) shall be submitted to a vote of qualified electors of the Village of Elm Creek at a special election to be held on September 9, 2025.
Section 3. The question, in form and content presented with this Resolution as Exhibit A
OFFICIAL BALLOT – VILLAGE OF ELM CREEK – PROPOSAL TO INCREASE LOCAL SALES AND USE TAX RATE and incorporated herein by this reference, is hereby approved and shall appear on the ballot for qualified electors of the Village of Elm Creek, Nebraska at a special election to be held on September 9, 2025, subject to any modifications the Board of Trustees determines necessary or advisable.
Section 4. The Municipal Administrator or his designee is authorized, directed, and ordered to submit said question by attesting to and submitting a certified copy of this Resolution to the Election Commissioner or County Clerk in accordance with applicable law.
Section 5. The Chairman of the Board of Trustees of the Village of Elm Creek, Nebraska and Municipal Administrator are hereby authorized and directed to take any other actions as necessary or appropriate to carry out the actions approved in this Resolution, including, without limitation, providing any notice required of the governing body or otherwise by applicable law, such as timely publishing the Notice of Election attached hereto as Exhibit B, with such modifications as the Chairman deems necessary or advisable.
It was moved by Tanner and seconded by Davis to approve Resolution 2025-5 Sales Tax Increase. Ayes: Brian, Kyle, Davis, Tanner, and Michael. Nays: None. The motion carried.
DEPARTMENT REPORTS
Dusty presented the proposed budget expenditures by department for the 2025-2026 fiscal year. He reported that our Municipal Equalization Funding is being decreased by over $54,000. This is due to how our levy increase was reported to the state last year. Dusty will check with our accountant and see if it is possible to amend that portion of the budget. We will hold our annual budget hearing in early September.
The swimming pool will close for the season on Sunday, August 10.
The CHS ground pile conditional use permit is up for renewal next month.
Due to conflicts in scheduling, we are moving the August meeting to Monday, August 18 at 7:00pm.
Figgins Construction is scheduled to begin street maintenance on July 28.
TL Sund has given us a projected start time of late August/early September.
Downey Drilling performed annual testing on the wells and there are no issues at this time.
The waterline has been installed at the school greenhouse, and we have billed them for the work our staff performed.
The Village would like to put a water meter in at the school to monitor usage, but the school does not want us to do that. The Village Board will be scheduling a meeting with the school’s Building & Grounds Committee to discuss it further.
Sewer rates are set to increase to $30.00 on August 1.
AGENDA ITEM #7: Adjournment
All agenda items having been considered, it was moved by Brian and seconded by Michael to adjourn this Regular Meeting. Ayes: Davis, Michael, Brian, and Kyle. (Tanner left at 5:30) Nays: none. The motion carried and the meeting was adjourned at 5:33p.m.
