The Ely City Council will discus a special use permit for a medical marijuana
dispensary at 940 E. Altman St.
KayLynn Roberts-McMurray
The Ely City Council will discus a special use permit for a medical marijuana
dispensary at 940 E. Altman St.

The Ely City Council agenda is packed with agenda items that are sure to leave many residents wondering on several topics, that include the possibility of a new marijuanan dispensary in Ely, the offer the Horse Corral Association is presenting to the city, and an item that has been ongoing for years now, more S&S lawsuit contention: a proposed resolution to transfer funds from the landfill to the general fund in the amount of $150,000.

A public hearing is scheduled during the city council meeting at 5:30 p.m. to consider a proposal for a special use permit for Acres Dispensary, which is seeking approval to open a medical marijuana establishment at 940 E. Aultman St.

The City of Ely mailed letters to residents who lived within 300 feet of the proposed site. Heidi Hanson contacted The Ely Times and explained that she lives right across the street from the location for the proposed marijuana establishment and has concerns of the location.

“I have three small children, a nine month, two year old and five year old, and I’m completely opposed to having this in my neighborhood,” she said.

Hanson has a petition being circulated to stop the establishment from being opened.

This particular location has been zoned as a commercial location. And, according to Nevada Revised Statutes stipulations, the establishment is within 1,000 feet from any school, and 300 feet from a community facility.

Another agenda item is the Horse Corral Association has created a proposal to rent the real property known as the Ely City Corrals from the city. The item was placed on the agenda by Councilman Tony DeFelice for discussion and possible action.

The supporting documentation from Kent Linskey has the White Pine Corral Association asking for a 25-year lease from the city, in addition to the association taking over all rental agreements and management at the corrals. The association would rent the property for $4,000 a year.

Jason Woywod from the Prospector Hotel and Casino has offered $1,000 a month for one year, to enable the association to start cleanup. The agreement also notes it would provide White Pine 4-H two to three corrals for children who have no place for an animal project, giving them the opportunity to do so if this agreement is approved.

The agreement also mentions plans for the future of a picnic and barbecue area, improvement on the crows nest and bleachers for future events, in addition to having possible trails for horseback riding above the steam engine.

Next on the hot button for agenda items is the approval of Resolution 2018-06 to approve a medium-term obligation in the amount of $150,000 from the landfill fund to the general fund, for City Attorney Services and supplies.

The resolution states it’s involved in civil litigation entitled City of Ely and the Nevada Northern Railway Foundation vs. S&S Shortline Leasing which is currently set for trial on Jan. 15.

Due to the exceeding budget in the City Attorney’s Services and Supplies anticipated to be $150,000 this fiscal year to trial, that without the loan of funds the city would need to take finds from other general fund departments and could potentially impair the city’s ability to provide necessary services.

The city would have until 2023 to repay the landfill account from the proceeds of the litigation and/or settlement of the litigation upon receipt of funds.

Supporting documentation to the proposed resolution included a detailed invoice for the month of October from Wolf, Rifkin, Shapiro, Schluman & Rabkin, where John Samberg is employed and assisting with the lawsuit.

The invoice was in the amount of $45,544.92. Much of the detail of the invoice is telephone conference, document preparation, deposition preparation and other trial related functions.

Will the city council approve this resolution? The lawsuit has been going on since 2015.

It’s reported in a previous Ely Times coverage of the story, that the city filed the lawsuit three hours before the council canvassed the votes of the general election that resulted in three new council members.

The lawsuit seeks relief from damages cause by breach of written agreement, accounting and trespass, from the city’s rail-car storage agreement, which joined the city and s&s into a business relationship in 2009.

S&S offered the city $750,000 in December of 2016 and the city denied it. In June of this year, S&S made an offer to settle, this time in the amount of $1.5 million, which the city denied as well.