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HomeMy WebLinkAbout04-28-1997 Meeting I I . I PUBLIC SERVICES COMMITTEE COMMITTEE ROOM - April 28, 1997 4:30 p.m. PRESENT: Mays, Chairman; Kuhlke, Zetterberg, Todd, members; R. Oliver, Administrator; Stewart walker and Larry Harris of the Business License Department; J. Wall, Attorney; Sam McGuire, Attorney;. Lena Bonner, Clerk of Commission. Also Present: Members of the News media. The Clerk: We have a request to add two addendum items to the Agenda: 1) Approve increasing the budget on Belle Terrace Swim Center by $45,000.00 to cover the anticipated changes required to complete construction of this project (additional funds to come from two SPLOST, Phase III renovation projects in District 5) and approve the allocation of earned interest to fund a previously approved change order to the Belle Terrace Swim Center for $64,370.00. 2) Approve Ordinance amending Augusta-Richmond Sections 7-4-12, 7-4-14 and 7-4-15 to provide revisions. County Code for editorial Mr. Kuhlke: Move approval. Mr. Zetterberg: Second. Motion approved unanimously. -'. New Application: A request by John E. Bodie, III for a retail package beer & wine license to be used in connection with John Bodie Sons, Inc., (Convenience Store) located at 304 13th Street. Mr. Bodie: John Bodie III, 807 Windsor Court. Mr. Walker: This application meets all requirements of the Augusta-Richmond County Ordinance and has been approved by our department and the Sheriff's Department. (There are objectors present. ) Objector - Mrs. Pam Young: This establishment is in full view of the Curtis Baptist Church Daycare and School. Mr. Zetterberg: Mr. Wall, what does the Ordinance say specifically, in regard to churches and schools. Mr. Wall: The Ordinance has distance requirements and it prescribes how the measurements are to be made. Mr. Walker: This establishment meets the distance requirements. It was measured from the front door of the convenience store to the nearest property line which was the fence on the corner, across the street, which is 377 feet, from the church property line, we didn't go to the door of the church. At this time Mr. Bodie gave a summary of the business details. I Mr. Kuhlke: Theses issues come to us and they are tough decisions to make. I hear all your concerns. Here is a man that has been in business in this community for fifty years and he has invested a lot of money, he meets all the legal requirements that are set forth, and with that in mind, I would like to m~ke a motion that we approve his request. Mr. Zetterberg: Second. Objector - Rev. John Bryan, Pastor, Curtis Baptist Church: The Bodie's and I have had a wonderful relationship, and that is not a problem here. We've been at the corner for 122 years, so tenure is not the issue here. It's a matter of whether or not this will be best for the community. I want the Bodie's to succeed, and they will continue to receive our business. I want to go on record as simply saying that we want to fall in not only the legal ramifications in requirements of what the City has deemed to be the right and lawful distances between churches and schools and sales of beer and wine. But I also want us to examine it from a moral standpoint from that of being what is it that will really truly add to the effectiveness of what we are all seeking, which is to enhance our downtown area. To drink alcohol and beer is an individual's choice, but to provide that is also an individual's choice. So, as you as Council members make that choice, I plead with you to make the choice not only out of an economic decision, I but also out of an ethical decision, not only a financial decision, but also a moral decision, not only out of a matter of tenure, but a matter of what will enhance the entire community. I go on record in saying we are not in opposition to the improvements, we welcome the improvements, our church has stood a long time in bringing improvements to the community. The question I leave with you is this, will this in it's entirety, bring total improvement to the community, or will it just improve the opportunity for financial advancement and for convenience. So, you'll answer that question and I know you will do it wisely. Mr. McGuire: Gentleman, downtown needs to grow and prosper and you can't do it by restricting business. The Bodie's are a good part of the community. I recognize the gentleman and woman's opinion and I respect it. But Mr. Bodie can't operate with restrictions. You've never had any trouble with the Bodie's, their record is completly clean. So, we are asking that you go along with Mr. Kuhlke's motion. Objector - Mrs. Pam Young: Gentleman, we are the only private school downtown. We have one other public school on Greene Street. I feel like that if we are going to revitalize downtown, and try to attract people to the homes that are downtown, and maybe turn downtown Augusta around, we'll need Curtis, we'll need to have a school that is free from people walking down the chain link fence going to the Bodie's. I really feel very strongly about this and r appreciate your consideration, and r understand. I I I I Mr. Kuhlke: One thing that you have to understand is when we approve something like this, we also have an awful lot of restrictions put on the people that are in this business. They are monitored to make sure that they do business in the appropriate way. If they don't, if we have problems, we have an ordinances that we can then take away that license from these people. Mr. Todd: I think that when you have transient folk and they are not necessarily without emergency shelter because they are in the Salvation Army, they go in at night and they are out in the street in the day and whether that situation can be managed better I don't know. But I think when we mix alcohol and folks with not so perfect lives and children, we certainly have a mix that, at some point will explode in our hand and my position is that if there is any way that the business plan could work without this, and I'm not convinced that there is no way that it can work without alcohol, because I know of convenience stores that do work without alcohol. I seriously will not be able to support this because I don't see how this can mix and work. Mr. McGuire: I would like to say this, Mr. Bodie has run a study showing that it can't operate with this license. He checked with the Boardman's who do more of this than anybody, they say don't do it, it can't work. He is in competition with them if he doesn't get it, so I don't think he has a choice. I do appreciate these good people's position, I hope you appreciate ours. After further discussion; There is a 2-2 vote with no recommendation from the Committee. This will go on to the next full Commission meeting. A request by Nancy pak for Sunday sales license to be used in connection with Ahri Rahng Korean Restaurant located at 300S Deans Bridge Road. Mr. Walker: Ms pak has asked that this be withdrawn, because they are in the process of selling the restaurant and don't know if they will have Sunday sales if they sell it. Mr. Todd: I so move that Ms. pak be allowed to withdraw her request without prejudice. Mr. Kuhlke: Second. Motion adopted unanimously. Gameroom Application: game room license to be used at 5270 Old Savannah Road. A request by H. E. Plagwitz for a in connection with Ernest P's located Mr. Plagwitz: Henry Plagwitz, 2535 Peach Orchard Road. Mr. Walker: This meets all requirements of the gameroom license and has been advertised and meets our approval and the Sheriff's Department. No objectors. Mr. Todd: I so move. I Mr. Zetterberg: Second. Motion adopted unanimously. Gameroom application: A request by Loyce Manuel for a gameroom license to be used in connection with Beepers & Gifts located at 2326 Lumpkin Road. No objectors. Mr. Manuel: Loyce Manuel 3702 Creek Court, Hephzibah, GA. Mr. Walker: requirements of our objectors. This has been advertised and meets Department and the Sheriff's Department. all No Mr. Todd: r so move. Mr. Kuhlke: Second. Motion adopted unanimously. New Ownership: A request by Ok Lin Han for a consumption on premise liquor, beer & wine license to be used in connection with I Speed Karoke and Restaurant located at lS55 Gordon Highway. There will be Sunday sales and a dance hall. Ms. Han: Ok Lin Han 230S Mr. Walker: This meets all requirements of the Augusta- Richmond Ordinance and has been approved by the Sheriff's Department and the License Department. And we recommend approval. Mr. Todd: I so move. Mr. Zetterberg: Second. Motion adopted unanimously. New Ownership: A request by Oriel Madden for a consumption on premise liquor, beer & wine license to be used in connection with The Continental Lounge located at 1520 Aviation Way #lS4. There will be Sunday sales and a dance hall. Ms. Madden: Oriel Madden 1520 Aviation Way #lS4. Mr. Walker: This meets all requirements of our Department and the Sheriff's Department. No objectors. Mr. Todd: So move. I I I I Mr. Zetterberg: Second. Motion adopted unanimously. Transfer Application: A request consumption on premise liquor, connection with Jerry's Caterers There will be Sunday sales. by Oriel beer & located Madden to transfer the wine license used in at 1520 Aviation Way. Ms. Madden: Oriel Madden 1520 Aviation Way #lS4. Mr. Walker: This meets all the requirements of our Department and the Sheriff's Department. No objectors. Mr. Todd: So move. Mr. Zetterberg: Second. Motion adopted unanimously. New Ownership: premise liquor, The Faded Rose dance hall. A request by William D. Cook for a consumption on beer & wine license to be used in connection with located at 2S34 Washington Road. There will be a Mr. Cook: William D. Cook, 3012 Ridge Crest Drive. Mr. Walker: This application meets all requirements of the Alcohol Ordinance and has been approved by our Department and the Sheriff's Department. We recommend approval. No objectors. Mr. Kuhlke: Move approval. Mr. Todd: Second. Motion adopted unanimously. Authorize a Capital Expenditure of $2S,SOO for Change Order #2 on the Demolition of Hangar 2 to Southern Environmental Services, Inc. Mr. Oliver: This is for the hangar at the airport being constructed for Morris Communications. This is through, we are financing to facilitate that hangar. that is a pass Mr. Kuhlke: Move approval. Mr. Zetterberg: Second. Mr. Todd: This is the second Change Order. this Change Order? Why do we need Mr. Oliver: They found abestos. And I can't answer why they didn't anticipate finding that. Mr. Todd: The architect engineer on this job is also responsible for doing an environmental audit before they start I demolishing and they should know what is there. It seems to me that someone is doing some poor planning and there poor planning is not necessarily my crisis. After further discussion; Motion failed with Todd and Zetterberg voting no and Mays voting present. A request to Approve a contract from EPD which will pay up to $35,972.00 to reimburse Richmond County for costs incurred for the removal of scrap tires during a Scrap Tire Recycle/Roadside Clean- Up. Mr. Todd: So move. Mr. Zetterberg: Second. Motion adopted unanimously. Appointment of a committee to draft Telecommunication Tower zoning regulations. Carrick Inabnett Ed Presnell Carolyn Briggs Richard Colclough Ed Dickerson Mark Lorrah Alltell Cell One Gearon & Co. (Digital) Citizen/Planning Commission Citizen/Planning Commission Citizen I Mr. Todd: I think committee and industry, Association Presidents. information and pass it can talk to some folks. that if we are going to have a citizens we probably should go back to Community I recommend that we receive this as on to the full Commission Agenda until we Mr. Oliver: I'll take the responsibility for this. It is inappropriate for us to give you a list of names without having talked to these people. Mr. Kuhlke: Second. After further discussion; Motion adopted unanimously. A request to approve execution of Release and Indemnity Agreement in connection with the removal of scrap tires during a Scrap Tire Recycle-Roadside Clean-Up Event. Mr. Todd: So move. I I I I Mr. Zetterberg: Second. Motion adopted unanimously. A request to approve a contract between B.F.I. and Augusta-Richmond County for removal and disposal of scrap tires pursuant to contract between EPD and Augusta-Richmond County at a cost of $S9.93 per ton. Mr. Todd: So move. Mr. Zetterberg: Second. Motion adopted unanimously. A request to approve an Ordinance amending Augusta-Richmond County Code to authorize Administrator to approve changes in alcohol license ownership. Mr. Wall: This is decision at the last incorporates the change approval. something that you approved as a policy Commission Meeting, and this simply into the order Ordinance. I recommend Mr. Zetterberg: Second. Mr. Todd: Second. Motion adopted unanimously. Approve increasing the budget on Belle Terrace Swim Center by $45,000.00 to cover the anticipated changes required to complete construction of this project (additional funds to come from two SPLOST, Phase III renovation projects in District 5) and approve the allocation of earned. interest to fund a previously approved change order to the Belle Terrace Swim Center for $64,370.00 Mr. Todd: We have increased this budget at least a couple of times. What is the justification of this increase? Mr. Beck, tell me why I should support this. Mr. Beck: This is actually dealing with the indoor pool and basically, back in November when the proj ect was expanded to 1ncrease the seating capacity that expansion took up what contingency we had built in then. We have since found out that there was a $26,000 change order that will be coming to yo~ that is not imperative to be done right now, but it has to be done before the project is over with for some storm sewer work at the back of the building. Those things coupled together with making sure that we have enough contingency to finish the project, results in this increase. And there has not b~en an increase approved. There was one brought before you back in either December or January and it was taken off the agenda. The funds will be coming from two District 5 projects. Mr. Todd: I so move. Mr. Kuhlke: Second. After further discussion; Motion adopted unanimously. A request to approve an Ordinance amending Augusta-Richmond County Code Sections 7-4-12, 7-4-13, 7-4-l4 and 7-4-l5 to provide for editorial revisions. Mr. Kuhlke: So move. Mr. Zetterberg: Second. Motion adopted unanimously. Lena J. Bonner Clerk of Commission bjb I I I