VILLAGE OF ELM CREEK
BOARD OF TRUSTEES
PUBLIC HEARING & REGULAR MEETING MINUTES
APRIL 16, 2026, at 7:00 P.M.
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 on April 16, 2026. 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 Kearney Hub, 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 regarding an application to rezone the property located at 125 E Potter Ave to order at 7:01PM by calling for the roll with the following members responding: Davis Miner, Michael Strong, Tanner Tool, Brian Florell, 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.
Tanner announced the public hearing was open to comments, concerns and questions. We received a zoning application from RCTS Properties LLC to rezone a residential (R-2) property to a Downtown Commercial District (C-1). The plan is to utilize this address for an insurance agency. Jan Hinrichsen asked why we would rezone residential property to commercial property when we are already short on housing. She said she gets calls weekly asking what we have available. She also asked why someone would close on a property prior to getting approval to have it rezoned. With no further questions or comments, a motion was made by Tanner and seconded by Davis to close the Public Hearing at 7:06PM. Ayes: Michael, Tanner, Brian, Kyle, and Davis. Nays: None. The motion carried.
Tanner motioned to call the public hearing regarding the renewal of a conditional use permit at 7680 HWY 30 to order at 7:06pm. This renewal is regarding the wind turbines at Marvion Reichert’s farm. It is recommended that the conditional use permit be renewed for an additional 3 years. Marvion asked if it was possible to do away with the conditional use permit. Per our zoning rules a conditional use permit is required for this type of structure. Tanner explained that we typically extend the amount of time they are approved for and that at this time it is recommended for a 3-year extension and the next time it will probably be for 5 years. Marvion informed us that the wind turbines are both functional now. With no questions or comments, a motion was made by Tanner and seconded by Brian to close the public hearing at 7:09PM. Ayes: Michael, Tanner, Brian, Kyle, and Davis. Nays: None. The motion carried.
VILLAGE OF ELM CREEK
BOARD OF TRUSTEES
REGULAR MEETING MINUTES
APRIL 16, 2026, 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 April 16, 2026, 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 Kearney Hub, 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 7:09p.m. by calling for the roll with the following members responding: Brian Florell, Davis Miner, Michael Strong, Kyle Lawrence, and Tanner Tool. 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 March 26, 2026, and the Claims for the month of April in the amount of $75,027.27. Ayes: Kyle, Brian, Davis, Michael, and Tanner. Nays: None. The motion carried.
SHERIFF’S REPORT: No Sheriff’s Deputy was present at the meeting. Tanner noted that from the report there was nothing of concern.
REGULAR AGENDA
AGENDA ITEM #1: Consider the application to rezone the property located at 125 E Potter Ave.
Due to some of the questions that were brought up in the public hearing and Chad Messersmith not being present the approval to rezone 125 E Potter Ave was tabled until the next meeting.
AGENDA ITEM #2: Consider the renewal of a conditional use permit at 7680 HWY 30. Michael Strong asked what would happen if the wind turbines quit working before the permit was up. Our legal counsel, Taylor L’Heureux, said that if something happens before the permit is up, we could meet to discuss the options. Marvion said they have too much money invested to let them be inoperable. He will find parts to keep them functioning if the current supplier should ever go out of business.
Tanner made a motion and Davis seconded to approve the renewal of the conditional use permit at 7680 HWY 30 for 3 years. Ayes: Brian, Davis, Kyle, Tanner, and Michael. Nays: None. The motion carried.
AGENDA ITEM #3: Consider bids received on street maintenance.
We received 3 bids for street maintenance. Figgins Construction was the better bid again this year. They gave us a list of streets they had evaluated and bid so Dusty wrote out a list of recommended streets based on our budget. McComb Street was not included but due to the heavy traffic it sees every day it was suggested that we have Figgins look at it and bid on it as well.
It was moved by Tanner and seconded by Michael to accept the 2026 Figgins Construction Project to include N Tyler St from Front St to Oake Ave, S Tyler St from the railroad tracks to Clark Ave, W Pacific Ave from Tyler St to Buffalo Trail, Buffalo Trail from Pacific Ave to Clark Ave, Boyd Ave from Church St To Beecroft St, and Calkins Ave from Bond St to Tyler St not to exceed $100,000.00. Ayes: Brian, Michael, Davis, Kyle, and Tanner. Nays: None. The motion carried.
DEPARTMENT REPORTS
Ballfields have been getting worked on to prepare for the season. 2 loads of clay were brought in and a group of volunteers helped put it on the field. There are 13 teams this year and the games will start mid-May. The village staff checked the lights at the field and they were all working. We will have someone check the scoreboard before the season gets started.
It was suggested that if the lights are being used at the ballfield an adult be present.
PUBLIC COMMENT
Marvion said that they are looking to sell some of the property by Dollar General and asked how long it would take to get the street completed if they did. Tanner said it would take a few months because the Village would want to use Tax Increment Financing (TIF) and it takes no less than 90 days for that process.
AGENDA ITEM #4: Adjournment
All agenda items having been considered, it was moved by Brian and seconded by Michael to adjourn this Regular Meeting. Ayes: Kyle, Davis, Tanner, Michael, and Brian. Nays: none. The motion carried and the meeting was adjourned at 7:37PM.
April 2026 Claims
To Whom
Wages $18,270.41
FICA $5,719.30
State Income Tax Withholding $779.72
Principal Financial – Employee $1,649.23
Principal Financial – Employer $749.18
BCBS-Employee Health $1,455.16
BCBS – Employee Dental $88.42
BCBS-Employer Health/Dental $4,821.19
Guardian – Vision Employee $18.42
Guardian – Vision Employer $54.30
Guardian – Life & AD&D $34.00
Guardian – Employee Voluntary $288.64
AFLAC – Employee Voluntary $216.94
AgDryer Services $7,234.52
Anthem Sports $1,073.77
A.S.A.P. Express $20.00
Bank of America $4,736.03
Black Hills Energy $618.71
Buffalo Cty Sheriff Dept $3,750.93
CHS Inc $507.82
Depository Trust $2,301.25
DeWald Deaver L’Heureux Law Firm $381.45
DHHS $15.00
DPPD $1,608.97
Eakes $42.34
Elm Creek Public Schools $400.00
Great Plains Communications $259.91
Home Depot Pro $173.66
Hometown Leasing $135.83
Menards $133.57
Michael Todd $100.84
NAPA Auto Parts $213.99
NE Dept of Revenue $1,046.36
NPPD $3,429.18
One Call Concepts $15.93
Overton Sand & Gravel $384.00
Ravenna Sanitation $8,363.40
T&C Welding $160.00
Tractor Supply $64.99
Van Diest Supply Company $3,262.65
Village Center Agency $386.20
Winnelson $61.06
TOTAL $75,027.27
