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City Council

Regular Meeting

Lovelock, NV · October 18, 2022

AgendaMinutes

Minutes

THE HONORABLE CITY COUNCIL OF THE CITY OF LOVELOCK MET IN REGULAR SESSION ON OCTOBER 18, 2022, AT THE LOVELOCK CITY HALL AT 7:00 P.M. Present: Mayor Michael Giles Council members Patricia Rowe Jonathan Reynolds Starlin Gentry Police Chief Michael Mancebo City Clerk Terri Wilcox Legal Counsel Kent Maher Guests: Bonnie Skoglie, Jordan McKinney, Jolene Pettit, Russell Fecht, Courtney Gnatiuk, Stephanie Minor, Charlsie Wilcox, Richard Wagner, Tina Gallagher, Rodney Wilcox (Pershing County Volunteer Fire Department) , Cathie Bryant, Zev Winje, Dan Kondor, Robert Lutz, Kim Feng, Teeie Huang, Shayla Hudson (Pershing County Commission), Bryce Shields (Pershing County District Attorney), and Lovelock Indian Colony representatives: Rochelle DeSoto, Darla Donahue, Tia Happy, Deana Austin, Sandra Winup, and Debbie George. PUBLIC COMMENT-PERSONAL COMMUNICATION-CORRESPONDENCE: There were no public comments, personal communications or correspondence. MINUTES REVIEW-APPROVAL: There were no meeting minutes available for review. No action was taken. BUSINESS IMPACT DETERMINATION: After review and consideration of the probable effect that each agenda item for this meeting could have on a “business” as defined by statute, Council member Gentry moved to make a finding that no item on this meeting agenda appears to impose a direct and significant economic burden on a business or directly restrict the formation, operation or expansion of a business. Motion carried unanimously. SEWER-DISPOSAL ACCOUNT DELINQUENCIES-ADJUSTMENTS-REFUNDS: The delinquent account list was reviewed and discussed. City Clerk Wilcox presented a small balance and bad debt write off list for review. Council member Rowe moved to approve the small balance and bad debt write off list as presented. Motion carried with Council members Rowe and Gentry voting aye and Council member Reynolds voting nay. SIGN-BARRIER REQUEST / DARTMOUTH AVENUE / CROFOOT: Mayor Giles advised that property owner Dan Crofoot sent a letter requesting that a dead end sign be placed at the intersection of 16th Street and that the existing barrier on Dartmouth Avenue be allowed to remain to block vehicular traffic on the 130 feet in length portion of Dartmouth Avenue which dead ends at the Crofoot property. LOVELOCK CITY COUNCIL MEETING MINUTES 10-18-2022 regular meeting Page 1 of 5 Council member Reynolds questioned why this was brought to the council; if a city street is being blocked, the barrier should be removed. Mayor Giles noted that Reynolds asked that the matter be placed on the agenda. Council member Rowe moved to accept the Crofoot letter request to leave the barriers in place and to place a dead-end sign. Motion failed with Council member Rowe voting aye and Council members Reynolds and Gentry voting nay. Reynolds suggested Crofoot be contacted and given two weeks to remove the barriers. PUBLIC HEARING / NUISANCE DETERMINATION / VARIOUS PARCELS: There was no information or evidence presented on the current status of the properties at: 470, 471, 482, 483, 494 and 495 Camellia Way (off Sixth Street owned by Pavilion Homes LLC); 500, 510, 520, 525, 530, 535, 545 and 555 Rose Way (in Garden View Estates off Sixth Street owned by Pavilion Homes LLC); 527, 547 and 567 Sunflower Street (in Garden View Estates owned by Pavilion Homes LLC); and, the 6.25 acre unimproved parcel abutting Jamestown Road identified as Pershing County APN 001-081-36 (owned by Love My Way LLC). No action was taken. LIEN DEBT DISCHARGE OR REDUCTION REQUEST / COVERED WAGON MOTEL-DESERT HAVEN MOTEL PROPERTIES: Dan Kondor, on behalf of the owner of the Covered Wagon Motel and Desert Haven Motel properties, questioned the fees assessed by the city for the clean-up of the properties in 2021. Kondor said the properties had been cleaned earlier that year and the owner believes the city fees were too high and should be removed or reduced. There was a discussion about the properties and it was explained that the indebtedness was incurred because city employees had to clean-up the properties to abate hazardous and nuisance conditions existing on the properties. Council member Reynolds moved to not discharge or reduce the fees assessed by the city for the costs associated with the cleanup of the Covered Wagon Motel and Desert Haven Motel properties. Motion carried unanimously. It was explained to the owner and the owner’s representatives that after the city lien on the properties was discharged, a state business license and city business license will have to be procured prior to conducting business activities on the properties. ANIMAL SHELTER OPERATION PROPOSAL: Charlsie Duffy-Wilcox advised she was present to answer any questions about the written proposal she previously provided to the city to operate the city animal shelter. Mayor Giles said there are several questions with the proposal, in particular the responsibility for payment of various costs. It was noted that the shelter operated well when Duffy-Wilcox was an employee working for animal control. Giles suggested that some research needs to be done to determine the feasibility of having the shelter operated privately. Giles tabled the matter until additional information is available. LOVELOCK CITY COUNCIL MEETING MINUTES 10-18-2022 regular meeting Page 2 of 5 LICENSING-REGULATION PROPOSAL / PRIVATE ENTITY EXCLUSIVE FIGHT PROPOSAL / MARIJUANA DISPENSARY BUSINESS: Mayor Giles explained that the city wants to establish criteria for the licensing and regulation of marijuana dispensary and related businesses if such business(es) attempt to operate within the city. There was a regulatory ordinance introduced a couple of years prior which went to the public hearing stage of the process, but went no further. Legal Counsel Maher noted that since marijuana sale and use was allowed by state law it is advisable to have laws and regulations in place for the city to regulate the business practices. There are state laws and regulations in place, but there are no city regulations. Sheriff Allen said he thought there was a city moratorium which prohibited marijuana business in the city. There is no moratorium in the city. Council member Reynolds said he is not in favor of having a marijuana dispensary in the city and if rules are made then the business must be let in. Reynold suggested marijuana business be excluded from operating in the city. Council member Gentry also expressed his opinion that if the city does not do something, the business will come in; something should be done to exclude it from the city. Legal Counsel Maher explained that marijuana business is legal in the state, but it is possible for local jurisdictions to exclude such businesses through zoning regulations. Council member Reynolds moved: (i) to not establish terms and conditions for licensing, regulation or fees applicable to marijuana dispensary businesses in the city; and, (ii) that the city does not enter into an agreement with a private business to grant the business the exclusive right to dispense marijuana products in the city. Motion carried with Council members Gentry and Reynolds voting aye and Council member Rowe voting nay. It was suggested that staff start working on the zoning ordinances. REGULATING-PROHIBITING RENTAL OF SINGLE-FAMILY DWELLING UNIT ROOMS TO NON-FAMILY MEMBERS IN RESIDENTIAL ZONING AREAS: Cathie Bryant, the owner of a single-family dwelling unit which advertises room rental, explained that she is not running a bread and breakfast (“BnB”) out of her house, she is renting a room. She said she does not look at it as a business because she only rents the room for a short term, such as to Coeur-Rochester for three (3) weeks at a time. Legal Counsel Maher said if a room is advertised for rent or rented for a short term or a long term for the purpose of making money, a business is being conducted. The city ordinance provides that in a residential zoning district operating a business from the home is not allowed, excepting the home occupation allowed uses. Council member Reynolds suggested if there is advertising on Airbnb, then a business license and a home occupancy permit should be procured. Staff was directed to ensure that the proper licenses are in place for any allowed business use of the property. Bryant stated the city should have ordinances for regulation of flippers, because she had issues with the person from whom she purchased the house. She said no contractors were used for the work that was done with the house. LOVELOCK CITY COUNCIL MEETING MINUTES 10-18-2022 regular meeting Page 3 of 5 Shayla Hudson noted that even an owner needs to get permits for the electrical, plumbing, etc. and usually a licensed contractor is needed to the work. No action was taken. CITY COUNCIL MEETING SCHEDULE: Council member Rowe moved to schedule the November 2022 city council meetings on the second and fourth Tuesdays rather than the first and third Tuesdays. Motion carried unanimously. AMERICAN RESCUE PLAN ACT (ARPA) FUNDS: County Commissioner Shank requested assistance with the senior center transportation. The grant that was written turned out to be for a vehicle, not to help with the gas costs. The county does not have the funds to cover the gas costs. Shank requested $20,000 a year for the next two years for a total of $40,000 to cover the costs as explained. Council member Gentry moved to approve payment to the Senior Center of $20,000 per year for the next two years for a total of $40,000. Motion carried unanimously. Fire Chief Wilcox requested the city buy six (6) air packs for the department. Mayor Giles suggested that new quotes be obtained which include the shipping costs, and that approval be given for the purchase of three (3) packs at this time, and the purchase of additional packs be revisited at a later date. Council member Reynolds moved to approve the purchase of three (3) air packs for the fire department and to pay the invoice upon presentation to the city clerk. Motion carried unanimously. BROWNFIELDS GRANT PROJECT REPORT No action was taken. BUSINESS-LIQUOR-SPECIAL EVENTS LIQUOR LICENSES-BUILDING PERMITS: The following licenses and permits were reviewed and considered: Special Events Liquor Licenses: None Business Licenses: 903157 – The Pioneer LLC – Charlsie-Cody Wilcox - 1025 903158 – Paladinid Construction – Steven Palachini Building Permits: 22-1725 – Dan Crofoot – 300 16th Street – Quality First Home Improvement - Reroof No action was taken. PROCLAMATIONS-AWARDS: There were no proclamations or awards. LOVELOCK CITY COUNCIL MEETING MINUTES 10-18-2022 regular meeting Page 4 of 5 STAFF-COUNCIL REPORTS-PROPOSALS: Mayor Giles reported: (i) Uprise Fiber has approached the city about acquiring the Bernd Hotel property; (ii) on November 2 there is a meeting with Pool/Pact concerning a grant for upgrading the security system in and around City Hall; and, (iii) on December 6-7 the League of Cities is offering meeting law, ethics law and public officials’ duties training for all elected officials. VOUCHERS, CLAIMS AND PAYROLL: Council member Rowe moved to approve payroll and vouchers numbered 49295-49334. Motion carried unanimously. PUBLIC COMMENT: There were comments about the marijuana dispensary. There being no further business, the meeting was adjourned at 8:29 p.m. until the next scheduled City Council meeting on November 8, 2022, at 7:00 p.m. ___________________________________ ___________________________________ Michael R. Giles, Mayor Terri Wilcox, City Clerk LOVELOCK CITY COUNCIL MEETING MINUTES 10-18-2022 regular meeting Page 5 of 5

Agenda

CITY OF LOVELOCK CITY COUNCIL MEETING AGENDA REGULAR MEETING CITY HALL 400 14TH STREET ----- CITY COUNCIL MEETING ROOM TUESDAY, OCTOBER 18, 2022 ----- 7:00 P.M. I. CALL TO ORDER II. PUBLIC COMMENT-PERSONAL COMMUNICATION-CORRESPONDENCE (This period is for comments by the public and for the Mayor, Council and City Staff to present correspondence, communications, or comments. No action may be taken upon a matter raised under this section until it is placed on an agenda for action. Public comment is generally limited to three (3) minutes per person.) III. MEETING MINUTES REVIEW-APPROVAL (The Council is expected to discuss and take action on the item(s) in this section.) October 4, 2022 – City Council regular meeting minutes IV. BUSINESS ITEMS-OTHER REPORTS (The agenda items in this section are for discussion and possible action unless otherwise noted. The action may consist of approval, disapproval, acceptance, rejection, adoption, authorization, review, recommendation, referral to staff, or any other appropriate action. The items may be heard in any order and at any time unless a time is specified; if a time is specified, the time may be the approximate time; two or more items may be combined for consideration; an item may be removed from the agenda; or, discussion relating to an item may be delayed at any time.) 1. City Administration / determination that the agenda item(s) of this meeting agenda do or do not impose a direct and significant economic burden on a business (meaning a trade or occupation conducted for profit) or directly restrict the formation, operation, or expansion of a business / Staff 2. City Administration--Sewer-Disposal Departments / delinquent sewer service and disposal service accounts / payment responsibility for delinquent sewer service and disposal service accounts / adjustment, write-off or refund of account fees or deposits / City Clerk-Mayor 3. City Administration / request to allow for placement of “Dead End” signage and a physical barrier at the northerly right-of way line of Sixteenth Street at the intersection of Dartmouth Avenue to warn and block vehicular traffic on the northerly 130 feet of Dartmouth Avenue / Crofoot 4. 7:15 p.m. City Administration / public hearing / determination if the existing conditions of properties described as follows: 470, 471, 482, 483, 494 and 495 Camellia Way (off Sixth Street owned by Pavilion Homes LLC); 500, 510, 520, 525, 530, 535, 545 and 555 Rose Way (in Garden View Estates off Sixth Street owned by Pavilion Homes LLC); 527, 547 and 567 Sunflower Street (in LOVELOCK CITY COUNCIL AGENDA 10-18-2022 regular meeting Page -1- Garden View Estates owned by Pavilion Homes LLC); and, the 6.25 acre unimproved parcel abutting Jamestown Road identified as Pershing County APN 001-081-36 (owned by Love My Way LLC), constitute a menace to public safety, health or welfare / order to repair, abate or remove the conditions constituting a menace / Mayor-Council 5. City Administration / request by owner of properties at 945 Dartmouth Avenue (APN 001-094-02 - Covered Wagon Motel) and 435 9th Street (APN 001-095- 01 - Desert Haven Motel) for discharge or reduction of the approximate $2,860 indebtedness incurred for the City clean-up of the properties to abate the hazardous and nuisance conditions on the properties and removal of the City lien encumbering the properties / Deng, et al. 6. City Administration / proposal to lease and operate the City of Lovelock animal shelter and provide animal control services / Duffy-Wilcox 7. City Administration / proposals to: (i) establish terms and conditions for licensing, regulation and fees applicable to marijuana dispensary businesses in the city; or, (ii) enter into an agreement with a private business to grant the business the exclusive right to dispense marijuana products in the city / Mayor-Council 8. City Administration / proposals for regulating or prohibiting the use of single- family dwellings in residential zoning areas for renting of rooms or lodging to non-family members / City Clerk-Mayor 9. City Administration / proposal to move the regular City Council meetings scheduled for the first and third Tuesdays of November to the second and fourth Tuesdays of November / Mayor 10. City Administration / proposals for prioritizing and expending the American Rescue Plan Act (ARPA) funds / request by Senior Center to use $40,000 ($20,000 per year) of city ARPA funds for the center’s transportation costs for a two-year period / request by Lovelock Volunteer Fire Department to use city ARPA funds to purchase fire protection equipment for an estimated cost of $60,000 / Mayor-Council-Staff 11. City Administration / Brownfields grant project / report on project status, budget, funding, expenditures, and planning-operational services / Sta V. BUSINESS-LIQUOR-SPECIAL EVENTS LICENSES--BUILDING PERMITS (The licenses and/or permits presented under this section are for review, discussion, and possible action, including placing conditions on submittals or requests, and waiving or modifying the fees.) VI. PROCLAMATIONS-AWARDS (The Mayor, Council and/or City Staff may make a proclamation or present a service or other award on behalf of the City. No action may be taken upon items in this section.) VII. MAYOR-COUNCIL-STAFF REPORTS-PROPOSALS (This period is for receiving reports, department updates and proposals by the Mayor, Council and department heads or department staff of City departments. No action may be taken upon a matter raised under this section until it is placed on an agenda for action.) 1. Administration / Mayor and Council 2. Public Safety / Police Department / Fire Department / Animal Control LOVELOCK CITY COUNCIL AGENDA 10-18-2022 regular meeting Page -2- 3. Public Works / Sewer Department / Building Department / Street Department / Disposal Department 4. City Attorney 5. Capital Improvements / Buildings and Grounds / Parks VIII. VOUCHERS-CLAIMS-EXPENDITURES-PAYROLL REVIEW-APPROVAL (The vouchers, claims, expenditures, and payroll items presented under this section are for discussion and possible action.) IX. PUBLIC COMMENT (This period is for comments by the general public. No action may be taken upon a matter raised under this section until it is placed on an agenda for action. Public comment is generally limited to three (3) minutes per person.) NOTICE: Staff reports and supporting material for the meeting are available to the general public at the same time the materials are provided to the City Council by contacting the City Clerk or Deputy City Clerk in person at the Lovelock City Clerk's Office located in the City Hall, 400 14th Street, Lovelock, Nevada or by telephone at 775-273-2356 or by electronic mail at twilcox@cityoflovelock.com. The City Clerk and Deputy City Clerk are the designated persons from whom a member of the public may request the supporting material for the meeting and contacting the City Clerk's Office is the only means by which the supporting material is available to the public. NOTICE: Members of the public may make a public comment at the meeting without being physically present by emailing the City Clerk at: twilcox@cityoflovelock.com before 5:00 p.m. on the business day prior to the day of the meeting. The emailed messages received will be provided to the City Council for review and, upon request, transcribed for entry into the record. NOTICE: The City Council may by law receive information from legal counsel regarding potential or existing litigation involving a matter over which the City Council has supervision, control, jurisdiction or advisory power, and such gathering does not constitute a meeting of the City Council. NOTICE: Reasonable efforts will be made for members of the public who require special assistance or accommodations to participate in the meeting. Please contact the City Clerk or Deputy City Clerk at 775- 273-2356 one (1) business day in advance of the meeting to make arrangements. NOTICE: The City of Lovelock is an equal opportunity provider and employer. AGENDA IS PHYSICALLY AND ELECTRONICALLY POSTED BY CITY STAFF PRIOR TO 9:00 A.M. AT LEAST THREE OR MORE WORKING DAYS BEFORE THE SCHEDULED MEETING DATE AT: LOVELOCK CITY HALL-front entrance 400 14th Street, Lovelock, Nevada UNITED STATES POST OFFICE-service window 390 Main Street, Lovelock, Nevada PERSHING COUNTY LIBRARY-entrance 1125 Central Avenue, Lovelock, Nevada PERSHING COUNTY COURTHOUSE-entrance 400 Main Street, Lovelock, Nevada PERSHING COUNTY ADMINSTRATION BUILDING-entrance 398 Main Street, Lovelock, Nevada https://notice.nv.gov www.cityoflovelock.com POSTED BY:(PRINT NAME)_Terri Wilcox______________ SIGNATURE:_Terri Wilcox________________________ TITLE:___City Clerk______________________ DATE:__10/13/2022__________ TIME:__8:05 am______________ LOVELOCK CITY COUNCIL AGENDA 10-18-2022 regular meeting Page -3-

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