12022010CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, DECEMBER 2, 2010
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, DECEMBER 2, 2010 – 7:00 P.M.
CALL TO ORDER:
Councilmember Dana Kirkham at 7:00 p.m.
Pledge of Allegiance – Councilmember Coletti
Prayer – Councilmember Bean
MINUTES:
None
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.Ordinance 492 – Title 4, Chapters 2, 3, 4 Changing Hours of Liquor Sales*
2.Quail Ridge Invoice - Lot Acquired 4-13-10 (Powell/Kirkham)*
3.Misc.
DISCUSSION ITEMS:
1.TSR – Gold’s Gym – Meter Requirement (Lance)
2.Misc.
EXECUTIVE SESSION:
1.Personnel Evaluations - Idaho Code 67-2345 (1-b)
2.Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3.Pending Litigation - Idaho Code 67-2345 (1-f)
MINUTES
City Officials Present:
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Brian Powell
City Attorney Scott Hall
City Clerk Leslie Folsom
City Engineer Lance Bates
City Planner Ron Folsom
City Treasurer Jennifer Belfield
City Officials Absent:
Mayor Steve Fuhriman
Councilmember Russell Slack
Council Minutes 12-2-10 Page 1 of 5
CALL TO ORDER:
In the absence of Mayor Fuhriman, Councilmember Kirkham opened the meeting at
7:00 p.m. at the City Office Building located at 2135 South Ammon Road. Councilmember Coletti led the Pledge of
Allegiance and Councilmember Bean offered a prayer.
MINUTES:
None
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday December 2, 2010
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
A.Vantage Point Construction LLC – Itinerant Merchant/Tree Sales – Sand Creek Plaza
B.Redbox Automated Retail, LLC/Maverik – Kiosk for DVD rentals – 3540 E. Sunnyside
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C.Extreme Ballroom Co. – Dance Instruction – 2873 E. 14 N.
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D.Hansen, Kaja – Daycare Employee/Sunny Days – 4366 E. 17 Street
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E.Horan, Alisha – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street
F.Rodriguez, Viki – Daycare Employee/Acorn Children’s Academy – 1619 Curlew Ste 2
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G.Denning, Natalie – Daycare Employee/Nana’s Daycare – 2660 E. 1 Street
2.RENEWALBUSINESS LICENSE APPLICATION:
A.Zion’s Bank – Banking – 2540 E. Sunnyside Rd.
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B.Ameritel Inn – IF Spectrum – Hotel – 2501 S. 25 E.
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C.Bed Bath and Beyond #626 – Retail Sales – 3011 S. 25 E.
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D.Chuck-A-Rama Buffet, Inc. – Restaurant – 999 S. 25 E.
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E.Coldstone Creamery – Food Service – 2019 S. 25 E.
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F.Family Chiropractic Center – Chiropractic – 3298 E. 17 Street
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G.Leslie Boehm Shoe Store, Inc. – Retail Sales – 2003 S. 25 E.
H.Idaho Falls Group Homes – Assisted Living – 4360 Wanda
I.Eagle Canyon Wellness – Chiropractic & Holistic Medicine – 1516 Midway Ave.
J.Philotechnics, LTD – Remediation – 1560 Midway Ave., Suite #2
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K.Rocknaks Hardware Plus – Retail Sales – 1520 N. 25 E.
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L.Target Stores T-1082 – Retail Sales – 2171 S. 25 E.
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M.Big 5 Sporting Goods #240 – Retail Sales – 1851 S. 25 E.
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N.Interstate Brands Companies – Retail Sales – 3035 E. 17 Street
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O.IHOP – Restaurant – 2463 S. 25 E.
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P.Edward D. Jones & Company – Finance – 2677 E. 17 Street, Suite #200
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Q.Staples The Office Super Store #470 – Retail Sales – 1999 S. 25 E.
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R.Ace Hardware – Retail Sales – 3415 E. 17 Street
S.Yellowstone Group Home/Fox Hollow #4 – Assisted Living Center – 370 Hollow Drive
T.Jiffy Lube Auto Lube Services, Inc. – Auto Lube Services – 2523 E. Sunnyside Rd.
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U.Weight Watchers of Salt Lake City, Inc. – Weight Loss Services – 3043 S. 25 E.
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V.Powerhouse Coach, Inc. – Manufacturing – 2902 E. 14 N.
W.Sunnyside Automotive – Auto Repair – 3790 E. Sunnyside Rd.
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X.Premium Financial Advisors – Finance – 3456 E. 17 Street, Suite #205
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Y.Alpine Jewelers – Retail Sales & Precious Metals – 2789 S. 25 E.
Z.City Storage – Storage Units – 1800 S. Ammon Rd.
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AA.Batelle Energy Alliance – Engineering – 2752 E. 14 N.
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BB.Life Care Center of Idaho Falls – Skilled Nursing Facility – 2725 E. 17 Street
CC.Henderson Medalist Restoration & Cleaning – Cleaning & Restoration – 1436 N Trellis Lane, Suite 1
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DD.Wendy’s Classic Foods Inc. – Restaurant – 3439 S. 25 E.
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EE.Fashion Bug #3471, Inc. – Retail Sales – 2041 S. 25 E.
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FF.Kmart Corporation #4748 – Retail Sales – 3101 E. 17 Street
Council Minutes 12-2-10 Page 2 of 5
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GG.Creations West – Retail Sales – 3544 E. 17 Street, Suite #202
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HH.Sally Beauty Supply, LLC #2464 – Retail Sales – 1799 S. 25 E.
II.Edward Jones – Stock Broker/Dealer – 1498 Midway Ave., Suite 1
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JJ.Golden State Towers, LLC – Cell Tower & 3 Antenna Levels – 2593 E. 14 N.
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KK.JPMorgan Chase, NA – Banking – 1711 S. 25 E.
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LL.Edward’s Theatre – Theatre – 2707 S. 25 E.
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MM.Smart Style #1312 – Retail Salon – 1201 S. 25 E.
NN.Qualicare, Inc. – Home Health Care – 3539 Briar Creek Lane, Suite #A
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OO.Grand Teton Storage – Storage Units – 2595 E. 17 Street
PP.Pharmease, LLC – Pharmacy – 1790 Sabin
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QQ.Sunny Days Daycare & Preschool – Commercial Daycare/Maximum Children (50) – 4366 E. 17 Street
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Roxy’s Hair Design – Salon – 2901 Brettonwood
B.Delightful Days Child Care – Maximum Children (12) – 2876 Hidden Hutch Drive
C.Craftsman Refinishing – Manufacturing – 3430 Rawson
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
A. Maverik Inc. #406 – Retail Sales/Beer/Wine Sales off Premise – 3540 E. Sunnyside Rd.
2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Cellar – Restaurant/Liquor by the drink/Beer & Wine sales on premise – 3520 E. 17 Street
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B.Walgreens #10603 – Retail Sales/Beer & Wine sales off premise – 3475 E. 17 Street
C.T.G.I. Friday’s – Restaurant/Liquor by the drink/Beer & Wine on premise
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D.Carino’s Italian Grill – Restaurant /Liquor by the drink/Beer & wine on premise – 2833 S. 25 E.
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E.Texas Roadhouse Holdings, LLC – Restaurant/Liquor by the drink/Beer & Wine on premise – 2535 S. 25 E.
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F.Albertson’s, Inc. #174 – Retail Sales/Beer & Wine Sales off premise – 1901 S. 25 E.
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G.Albertson’s Express #174E – Retail Sales/Beer & Wine Sales off premise – 1719 S. 25 E.
H.Tesoro Sunnyside Enterprises Plaza, LLC – Retail Sales/Beer Sales off Premise – 2523 E. Sunnyside Rd.
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I.Sol Rio – Restaurant/Liquor by the Drink/Beer & Wine Sales on Premise – 2635 S. 25 E.
MASSAGE THERAPIST BUSINESS LICENSE:
1.MASSAGE BUSINESS LICENSE:
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A.Tirado, Leslie – Massage Therapist/Massage Envy – 3047 S. 25 E.
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B.Scott, Lindsay – Massage Therapist/Massage Envy – 3047 S. 25 E.
Business License*: Councilmember Powell motioned to accept the consent agenda, as presented.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham –
Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The
motion passed.
Accounts Payable – Exhibit A: Councilmember Kirkham motioned to accept Accounts Payable
Exhibit A, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember
Thompson – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Councilmember Coletti explained that he feels the City
Councilmembers, as each sees fit, should separately send the money for the Ammon City Council Scholarship and
not have the money go through the City. He doesn’t want the perception that the City is paying for the scholarship.
Council agreed. Jennifer asked the Council to fill out their application for the job study. She also reminded the
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Council of the Employee Appreciation Dinner December 21 for the Council to attend.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
Mark
Chapman, 1175 Jackson Drive stated he received the snow proclamation and is concerned about the snow that is
Council Minutes 12-2-10 Page 3 of 5
being plowed into the driveways. He acknowledged that in the past, he himself has been part of the problem, when
he shoveled the snow into the street from the corner, and he was notified that he was in violation for doing this. He
was most particularly concerned about the significantly greater width of the compacted snow berm left along a
curved section of the road by snow plowing operations. Councilmember Kirkham said the City had discussed this
very issue three days ago and determined it will be up to the drivers’ discretion as to where they will remove
excessive snow that is blocking driveways. She will make the drivers aware of his situation.
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Ordinance 492 – Title 4, Chapters 2, 3, 4 Changing Hours of Liquor Sales*:
Ron said
this is the result of a request from the restaurant owners. It basically changed the ordinance so hard liquor can be
sold on Sundays. Councilmember Kirkham asked how many areas are affected. Ron listed the seven restaurant
licenses. Councilmember Thompson said he wondered about changing an ordinance for a few businesses. He stated
drunk drivers costs the City. Utah has the lowest fatalities from alcohol in the nation. Councilmember Kirkham
asked is it government’s responsibility to dictate morality. Deaths are a result of poor choice and the person getting
behind the wheel of a car. How do you stop someone who drinks on Sunday in their own home and drives a car?
What about a responsible consumer who wants to enjoy a drink in the restaurant? Councilmember Coletti asked
what is the difference is when the City allows drinking on every day, except Sunday. This does become a morality
issue, because otherwise there is no sense to it if liquor isn’t cut out of every day of the week. Discussion ensued.
Ron said the allowed serving hours are carried over from old state ordinances. Councilmember Bean said the City
laws are structured, so that it will be difficult for constituents to get drunk in our restaurants. Ron said there is a
responsibility on the owners and bartenders to watch for intoxication. Councilmember Powell said it’s not
governments responsibility as to what you can or cannot eat or drink on a given day of the week and why would we
control it on one day and not another. Councilmember Thompson concurred. Councilmember Coletti said the City
does have to look at the economic issues for the restaurants. Times are changing and the City has to support the
businesses.
Councilmember Kirkham read
Ordinance 492 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, REPEALING AND RE-ADOPTING TITLE 4, CHAPTER 2, LIQUOR BY THE DRINK, SECTION 4-2-14, HOURS OF SALE;
CHAPTER 3, BEER, SECTION 4-3-13, HOURS OF SALE AND CHAPTER 4, WINE, SECTION 4-4-11 HOURS OF SALE; PROVIDING
Councilmember
FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
Kirkham motioned that the City Council dispense with the rule requiring the reading of the ordinance on three
different days and that the three readings be waived. Councilmember Powell seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember
Bean – Yes and Councilmember Thompson – Yes. The motion passed.
Councilmember Kirkham read
Ordinance 492 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO,
REPEALING AND RE-ADOPTING TITLE 4, CHAPTER 2, LIQUOR BY THE DRINK, SECTION 4-2-14, HOURS OF SALE; CHAPTER 3,
BEER, SECTION 4-3-13, HOURS OF SALE AND CHAPTER 4, WINE, SECTION 4-4-11 HOURS OF SALE; PROVIDING FOR
Councilmember
SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
Kirkham motioned the adoption of Ordinance #492 as an ordinance of the City of Ammon on its third and final
reading. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Powell – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes and Councilmember Thompson – Yes.
The motion passed.
Ron clarified that the ordinance does not go into effect, until it is published. He will be sending it in
tomorrow and it could go into effect as early as Monday or as late as Tuesday. Councilmember Kirkham excused
Councilmember Coletti to make a public statement to the press.
2. Quail Ridge Invoice - Lot Acquired 4-13-10 (Powell/Kirkham)*:
Councilmember Powell said
Leslie advised him the Council wanted to prorate the fees by $25 - $30 and he doesn’t want to go back to them for
such a small amount and wants clarification. Council agreed to pay the entire bill for 2010.
Councilmember Powell motioned to approve the Quail Ridge invoice for the homeowners’ dues on the lot
that the City of Ammon owns in the amount of $150.00. Councilmember Kirkham seconded. Roll Call Vote:
Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember
Council Minutes 12-2-10 Page 4 of 5
Thompson – Yes. The motion passed. Councilmember Coletti was excused, since he was making a public
statement.
DISCUSSION ITEMS:
1. TSR – Gold’s Gym – Meter Requirement (Lance):
Lance advised the Council that Gold’s Gym has
purchased the old TSR building. He will be required to have a new water meter and to fix the garbage container
area. TSR is part of the Hawkins Smith area. Councilmember Thompson asked about getting a roadway from
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behind Target to the intersection of Hitt Road and 25 Street. Lance said maybe we could look at a one way only
with the available room behind Target. Councilmember Kirkham said Scott Bishop is willing and open to have a
discussion about perhaps paying for the improvement for this location. Discussion ensued concerning how to get a
road for Target.
2. Misc.:
Lance said there have been weather delays with the SCADA building, however, there
are two block walls up now. The asphalt is in for the parking lot and road.
Ron stated he has passed out proposed ordinance changes and would like the Council to review them. He
would like to draft the new ordinance to pass within the next two meetings. Scott advised the Council that he has
already reviewed them.
Councilmember Kirkham said she has talked to the Sheriff’s office to see how the right turn only at
Target has been proceeding. They have issued a few citations, but it is going very smooth.
EXECUTIVE SESSION:
1. Personnel Evaluations - Idaho Code 67-2345 (1-b)
2. Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3. Pending Litigation - Idaho Code 67-2345 (1-f)
Councilmember Kirkham motioned to enter into executive session pursuant to the provision of Idaho
Code 67-2345, subsection 1 (b). Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham –
Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and
Councilmember Bean – Yes. The motion passed.
The meeting adjourned at 7:44 p.m.
_____________________________________
Steve Fuhriman, Mayor
__________________________________
Leslie Folsom, City Clerk
Council Minutes 12-2-10 Page 5 of 5