VILLAGE OF ELM CREEK
BOARD OF TRUSTEES
PUBLIC HEARING & REGULAR MEETING MINUTES
JANUARY 21, 2026, IMMEDIATELY FOLLOWING PLANNING COMMISSION MEETING
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 January 21, 2026. Advance Notice of this meeting was given in advance thereof by posting of Notice in three public places within the Village 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 and regular meeting of the Village Board to order at 7:02PM by calling for the roll with the following members responding: Davis Miner, Michael Strong, Tanner Tool, and Brian Florell. 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 the public hearing regarding the renewal of a conditional use permit at 201 N Tyler Street was open for comment. Dusty reminded everyone that this was the apartment owned by Mike Robinson on the backside of Sunny Meadows. We have had a few issues with the tenant and parking but that has improved in the past few months. The planning commission approved the renewal. Dusty recommended renewing it for an additional 3 years. With no further questions or comments, a motion was made by Tanner and seconded by Davis to close the Public Hearing at 7:05PM. Ayes: Davis, Michael, and Tanner. Nays: Brian. The motion carried.
Tanner announced that the public hearing regarding an amendment to the zoning ordinance relating to campgrounds was open for comment. The proposed changes would include changing the zoning from Ag to Highway Commercial, and to define what the meaning of temporary is. Alicia Beavers read a statement concerning the impact a campground could have on our school system. With no further questions or comments, a motion was made by Tanner and seconded by Michael to close the public hearing at 7:16PM. Ayes: Michael, Davis, Tanner, and Brian. Nays: None. The motion carried.
CONSENT AGENDA
It was moved by Tanner and seconded by Brian to approve the Consent Agenda consisting of the minutes of the Regular Meeting on December 15, 2025, and the Claims for the month of January in the amount of $166,111.41. Ayes: Michael, Davis, Brian, and Tanner. Nays: None. The motion carried.
SHERIFF’S REPORT: Sergeant Valenzuela discussed the December report. He stated they are back into their normal routine after the holidays. During the colder months their officers will be focusing on training. The Sheriff’s office currently has one person going through training and he will be assigned to the jail once he graduates. He had a chance to look at our e-bike ordinance, and he thought it was very clear.
REGULAR AGENDA
AGENDA ITEM #1: Consider and approve the renewal of a conditional use permit for the apartment at 201 N Tyler St.
It was moved by Tanner and seconded by Davis to approve the renewal of the conditional use permit for 3 years. Ayes: Michael, Tanner, and Davis. Nays: Brian. The motion carried.
AGENDA ITEM #2: Consider and adopt Ordinance 2026-1 An Ordinance of the Village of Elm Creek, Buffalo County, Nebraska to amend the zoning ordinance for the Village of Elm Creek; to revise the definition of campground, specifically to clarify temporary occupancy; to amend the land use categories/matrix related to the use type of campground; to remove the use type of campground in TA-1 zoning district; to amend zoning district C-3 highway commercial by correcting the highways near Elm Creek, Buffalo County, Nebraska; to provide for the repeal of conflicting ordinances or sections; to provide an effective date. The board discussed what temporary occupancy means and agreed that it would be 31 days in a 365 period not to exceed 7 consecutive days. The final ordinance will reflect this change. 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 2026-1 might be introduced, read by title, and adopted at the same meeting. Ayes: Michael, Brian, Tanner, and Davis. Nays: None. The motion carried.
Ordinance 2026-1: An Ordinance of the Village of Elm Creek, Buffalo County, Nebraska to amend the zoning ordinance for the Village of Elm Creek; to revise the definition of campground, specifically to clarify temporary occupancy; to amend the land use categories/matrix related to the use type of campground; to remove the use type of campground in TA-1 zoning district; to amend zoning district C-3 highway commercial by correcting the highways near Elm Creek, Buffalo County, Nebraska; to provide for the repeal of conflicting ordinances or sections; to provide an effective date.
It was moved by Tanner and seconded by Davis to approve Ordinance 2026-1 with the addition of the temporary occupancy terms “not to exceed 7 consecutive days”. Ayes: Davis, Michael, Tanner, and Brian. Nays: None. The motion carried.
AGENDA ITEM #3: Consider and approve 1 year lease of skid steer.
The lease pricing increased from $6000 last year to $7500 for this year. We are currently just under our allotted hours on the 2025 lease. It was moved by Tanner and seconded by Michael to approve the 1-year lease on a new skid steer. Ayes: Brian, Michael, Tanner, and Davis. Nays: None. The motion carried.
AGENDA ITEM #4: Consider and approve street return maintenance and put it out for bid.
Lance discussed the 3 estimates he sent on Tyler, Beecroft & Church Streets. There was discussion about locating the storm sewer lines before beginning anything on Tyler Street. At this time, we will not be moving forward with any of those streets. No action was taken.
AGENDA ITEM #5: Consider and approve bids for purchasing a new mower
We currently have 2 mowers so this would replace the grasshopper. The quotes received are for gas powered mowers with rear discharge. For the price and features Dusty recommends the John Deere with tweels. It was moved by Tanner and seconded by Brian to purchase the John Deere mower as presented. Ayes: Davis, Brian, Michael, and Tanner. Nays: None. The motion carried.
AGENDA ITEM #6: CONSIDER AND ADOPT ORDINANCE 2026-2
An Ordinance relating to abandonment, neglect, and mistreatment of animals; 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 2026-2 might be introduced, read by title, and adopted at the same meeting. Ayes: Brian, Michael, Davis, and Tanner. Nays: None. The motion carried.
ORDINANCE 2026-2: An Ordinance relating to abandonment, neglect, and mistreatment of animals; 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 2026-2. Ayes: Tanner, Davis, Michael, and Brian. Nays: None. The motion carried.
AGENDA ITEM #7: CONSIDER AND ADOPT ORDINANCE 2026-3
An Ordinance relating to beverage licenses; Village powers and duties; 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 suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that ordinance 2026-3 might be introduced, read by title, and adopted at the same meeting. Ayes: Michael, Brian, Tanner, and Davis. Nays: None. The motion carried.
ORDINANCE 2026-3: An Ordinance relating to beverage licenses; Village powers and duties; 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 2026-3. Ayes: Tanner, Brian, Davis, and Michael. Nays: None. The motion carried.
AGENDA ITEM #8: CONSIDER AND ADOPT ORDINANCE 2026-4
An Ordinance relating to the election; terms; and qualifications of a Board of Trustees, and providing that a Village Board of Trustees may consist of three or five members; 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 suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that ordinance 2026-4 might be introduced, read by title, and adopted at the same meeting. Ayes: Michael, Tanner, Brian, and Davis. Nays: None. The motion carried.
ORDINANCE 2026-4: An Ordinance relating to the election; terms; and qualifications of a Board of Trustees, and providing that a Village Board of Trustees may consist of three or five members; 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 2026-4. Ayes: Davis, Tanner, Michael, and Brian. Nays: None. The motion carried.
AGENDA ITEM #9: CONSIDER AND ADOPT ORDINANCE 2026-5
An Ordinance relating to generally applicable definitions; to harmonize with state law including revising the citation to Neb. RS 49-801(17); to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Brian to suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that ordinance 2026-5 might be introduced, read by title, and adopted at the same meeting. Ayes: Brian, Michael, Tanner, and Davis. Nays: None. The motion carried.
ORDINANCE 2026-5: An Ordinance relating to generally applicable definitions; to harmonize with state law including revising the citation to Neb. RS 49-801(17); to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Michael to approve Ordinance 2026-5. Ayes: Davis, Brian, Michael, and Tanner. Nays: None. The motion carried.
AGENDA ITEM #10: CONSIDER AND ADOPT ORDINANCE 2026-6
An Ordinance relating to exit polls; 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 Brian to suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that ordinance 2026-6 might be introduced, read by title, and adopted at the same meeting. Ayes: Michael, Tanner, Brian and Davis. Nays: None. The motion carried.
ORDINANCE 2026-6: An Ordinance relating to exit polls; 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 approve Ordinance 2026-6. Ayes: Brian, Davis, Tanner, and Michael. Nays: None. The motion carried.
AGENDA ITEM #11: CONSIDER AND ADOPT ORDINANCE 2026-7
An Ordinance relating to petition, write-in, and other candidates for general election ballot; 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 Brian to suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that ordinance 2026-7 might be introduced, read by title, and adopted at the same meeting. Ayes: Brian, Michael, Tanner, and Davis. Nays: None. The motion carried.
ORDINANCE 2026-7: An Ordinance relating to petition, write-in, and other candidates for general election ballot; 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 2026-7. Ayes: Davis, Michael, Brian, and Tanner. Nays: None. The motion carried.
AGENDA ITEM #12: CONSIDER AND ADOPT ORDINANCE 2026-8
An Ordinance relating to maximum speed limits; 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 suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that ordinance 2026-8 might be introduced, read by title, and adopted at the same meeting. Ayes: Tanner, Brian, Davis, and Michael. Nays: None. The motion carried.
ORDINANCE 2026-8: An Ordinance relating to maximum speed limits; 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 2026-8. Ayes: Brian, Michael, Tanner, and Davis. Nays: None. The motion carried.
AGENDA ITEM #13: CONSIDER AND ADOPT ORDINANCE 2026-9
An Ordinance relating to open meetings; notice; agenda; 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 2026-9 might be introduced, read by title, and adopted at the same meeting. Ayes: Michael, Davis, Tanner, and Brian. Nays: None. The motion carried.
ORDINANCE 2026-9: An Ordinance relating to open meetings; notice; agenda; 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 2026-9. Ayes: Davis, Michael, Tanner, and Brian. Nays: None. The motion carried.
AGENDA ITEM #14: CONSIDER AND ADOPT ORDINANCE 2026-10
An Ordinance relating to property tax request; increase by more than allowable growth percentage; procedure for setting; 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 suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that ordinance 2026-10 might be introduced, read by title, and adopted at the same meeting. Ayes: Brian, Michael, Tanner, and Davis. Nays: None. The motion carried.
ORDINANCE 2026-10: An Ordinance relating to property tax request; increase by more than allowable growth percentage; procedure for setting; 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 2026-10. Ayes: Michael, Davis, Brian, and Tanner. Nays: None. The motion carried.
AGENDA ITEM #15: CONSIDER AND ADOPT ORDINANCE 2026-11
An Ordinance relating to property tax request; procedure for setting; 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 2026-11 might be introduced, read by title, and adopted at the same meeting. Ayes: Brian, Michael, Tanner, and Davis. Nays: None. The motion carried.
ORDINANCE 2026-11: An Ordinance relating to property tax request; procedure for setting; 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 2026-11. Ayes: Brian, Davis, Michael, and Tanner. Nays: None. The motion carried.
AGENDA ITEM #16: CONSIDER AND ADOPT ORDINANCE 2026-12
An Ordinance relating to public works involving architecture or engineering; requirements; 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 2026-12 might be introduced, read by title, and adopted at the same meeting. Ayes: Davis, Tanner, Michael, and Brian. Nays: None. The motion carried.
ORDINANCE 2026-12: An Ordinance relating to public works involving architecture or engineering; requirements; 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 2026-12. Ayes: Tanner, Davis, Brian, and Michael. Nays: None. The motion carried.
AGENDA ITEM #17: CONSIDER AND ADOPT ORDINANCE 2026-13
An Ordinance relating to special elections; 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 2026-13 might be introduced, read by title, and adopted at the same meeting. Ayes: Brian, Michael, Tanner, and Davis. Nays: None. The motion carried.
ORDINANCE 2026-13: An Ordinance relating to special elections; to repeal conflicting ordinances and sections; and to provide an effective date.
It was moved by Tanner and seconded by Michael to approve Ordinance 2026-13. Ayes: Brian, Tanner, Davis, and Michael. Nays: None. The motion carried.
AGENDA ITEM #18: CONSIDER AND ADOPT ORDINANCE 2026-14
An Ordinance relating to traffic penalties; 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 2026-14 might be introduced, read by title, and adopted at the same meeting. Ayes: Michael, Tanner, Brian, and Davis. Nays: None. The motion carried.
ORDINANCE 2026-14: An Ordinance relating to traffic penalties; 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 2026-14. Ayes: Tanner, Davis, Brian, and Michael. Nays: None. The motion carried.
AGENDA ITEM #19: CONSIDER AND ADOPT ORDINANCE 2026-15
An ordinance of the Village of Elm Creek, Nebraska amending chapter 73: Recreational vehicles of the Village of Elm Creek Municipal Code regarding the regulation of e-scooters, e-bikes, and hoverboard usage on public property; to establish regulations for operation; to require compliance with state and federal law; 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 suspend the statutory rule requiring that ordinances be read on 3 separate occasions, so that ordinance 2026-15 might be introduced, read by title, and adopted at the same meeting. Ayes: Davis, Tanner, Michael, and Brian. Nays: None. The motion carried.
ORDINANCE 2026-15: An ordinance of the Village of Elm Creek, Nebraska amending chapter 73: Recreational vehicles of the Village of Elm Creek Municipal Code regarding the regulation of e-scooters, e-bikes, and hoverboard usage on public property; to establish regulations for operation; to require compliance with state and federal law; 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 Brian to approve Ordinance 2026-15. Ayes” Michael, Brian, Tanner, and Davis. Nays: None. The motion carried.
DEPARTMENT REPORTS
There have been building no building permits issued.
We are set up with CHS to purchase fuel for our vehicles.
Stan Ourada talked to Brian about the letter he received from our attorney. He doesn’t think he should have to return any of the money even though he didn’t take water last summer. Tanner said this is something that we need to continue to pursue this issue.
Due to girls’ basketball sub districts, the February meeting is being moved from the 19th to the 23rd at 7:00PM.
We will begin advertising for our summer pool staff soon. We will need to hire a new manager as last year’s will not be coming back.
Brian reported that the Village Agency Board had met earlier in the evening, and they thought the rock on the parking lot looks to be in great shape.
AGENDA ITEM #20: 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 Tanner. Nays: none. The motion carried and the meeting was adjourned at 8:43PM.
January 2026 Claims
To Whom
Wages $21,184.14
FICA $6,231.04
State Income Tax Withholding $808.36
Principal Financial – Employee $1,464.87
Principal Financial – Employer $601.00
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
A.S.A.P. Express $15.55
AgDryer Services $34,625.92
Arnold Motor Company $52.99
Bank of America $1,364.18
Black Hills Energy $822.20
Buffalo Cty Sheriff Dept $3,750.93
Depository Trust Company $52,345.00
DeWald Deaver L’Heureux Law Firm $1,335.90
DHHS $30.00
Downey Drilling Inc $16,445.50
DPPD $38.00
Eakes $173.15
Electrical Services $84.00
Elm Creek Public School $30.00
FirsTier Bank $40.00
Great Plains Communications $259.91
Hometown Leasing $135.83
Johnson Service Co $1,575.00
Menards $34.74
NAPA $6.36
NE Dept of Revenue $985.38
Nebraska Generator Service LLC $1,602.13
NPPD $3,351.23
One Call Concepts $7.34
Post Office $162.00
Ravenna Sanitation $8,273.40
Village Center Agency $767.13
Wex Bank $355.16
Winnelson $176.00
TOTAL $166,111.41
