Loading...
HomeMy WebLinkAbout03-26-2001 Meeting I PUBLIC SERVICES COI\1MITTEE COI\1MITTEE ROOM - March 26, 2001 4:00 P.M. PRESENT: R. Colclough, Chairman, J. Brigham, B. Kuhlke, W. Mays members; H. Brigham, Commissioner, W. Hornsby, Interim Administrator, J. Wall, Attorney, V. Flournoy, Staff Attorney, S. Walker, L. Harris, L&I Dept, S. Turnage, R. Berry Sheriffs Dept, L. Bonner, Clerk of Commission. MEDIA: H. Coryell, Augusta Chronicle, K. Perry, Channel 6. Clerk: We have a request for an addendum to approve a real estate contract with Richard Ramson for acquisition of property in the amount of $288,805 in connection with the Brookfield Park Project. Mr. Brigham: So move to add. Mr. Kuhlke: Second. Motion carried unanimously. Motion to amend Augusta Richmond County Code Section 6-7-40 so as to prohibit advertising on or in taxicabs. I Mr. Wall: A taxicab company wanting to put advertising on top of the cab approached Mr. Walker. We looked at the ordinance and although the ordinance allowed it, it was subject to rules and regulations of the Commission and this is the fust time this has come up so we had no rules. An also subject to payment of the required fee and no fee had ever been set. So in the process of discussion, the Commission is heretofore trying to eliminate some of the outdoor advertising clutter and I don't know if you all view this in the same way or not. But the proposed ordinance is to prohibit advertising on cabs. So we're in the need to set a fee and set some rules on what they'll be allowed to do or we need to prohibit it. Mr. Kuhlke: Aren't we advertising on our buses, so why would we prevent private people from advertising. I would like to make a motion that we direct the attorney to come back to us and clean up our ordinance and set the fee structure and let us take a look at that. Mr. Brigham: Second. Motion carried unanimously. A request from Frails & Tisdale, Attorneys, regarding a hardship transfer of adult entertainment and liquor licenses for Mr. James Lewis I Mr. Wall: Randy, you should have received notice from Geo Patty last week that first of all in so far as the adult entertainment establishment, you would have to demonstrate that the distance requirements that are contained in the zoning ordinance are met. According to our preliminary we believe that you don't meet the distance requirements. So as a result of that you would have to seek a variance from the Board of Zoning appeals. And then even if you do meet the distance requirements or even if you are granted that variance you would still need a special exception under the zoning ordinance for an adult entertainment establishment. So members of the Committee, I think there are some zoning issues that have to be addressed before you consider any transfer of the adult entertainment license. I Mr. Mays: If we have to deal with the zoning, then we deal with zoning. One issue is, and I have discussed this with Mr. Frails and his client and with members of the Committee, is that we have to hear from law enforcement at some point just on the point of where we're going to deal with this at. Another question, I have is, as it relates to the distance on this situation, where are we on the differences of the distance guidelines on the normal operation of nightclubs without adult licenses. What's the difference in that footage that's there? Mr. Wall: One, in so far as a normal non-adult entertainment establishment no special exception is required, however there is a special exception required here. Mr. Mays: When you said it wouldn't meet the requirement, are we talking about meeting the requirement on zoning on one or both of the locations? Because as I understand it when this originally came up there was kind of an either or situation where we were talking about multiple sites and that the party had night clubs in two different places. I see where one does apply from the standpoint under that particular standard of certain types of establishments; I'm trying to figure that out where does the other one fit in? I Mr. Walker: I spoke with Mr. Patty today and he said that the Damascus Road location would probably not meet the requirements, the other one would. Mr. Frails: I believe what they are speaking of is that the golf course is there. Mr. Wall: There are also residences I believe within that area. Mr. Frails: I don't think there are any residences that fall within those guidelines on Damascus Road. Based upon our investigation however, the golf course is across the street that's where the golf course property line starts and that's where the problem is, property lines. But from a door to door standpoint, it's more that 1250 feet, its probably close to at least 2000 feet from the golf course's club house to the Damascus Road location. My client would like to stay where he is but he can't do that. Consequently, the property owners have filed a dispossessory warrant because they have a contract to sell the property. It is my understanding that the condition of the sales contract is that the property must be vacant prior to the close of the sale. The property was offered through a I I private sale and my client was not afforded the opportunity to either purchase or bid on the property. Mr. Lewis consequently, requires a transfer of the adult entertainment and other licenses to a new location. Initially, when I spoke to the L&I Dept about this matter and I also spoke to Zoning and I read the special exception requirement there interpretation was that all we needed to do was submit the application. I received that letter from Mr. Patty late Friday. We immediately put forth people to work on getting the proper plats to show the exact locations of both of these properties. We have hired an engineering firm to do that, to find out the exact locations and distances of public places to find out whether we are in compliance and we should have that information by Thursday, March 28. I will in turn submit it to P&Z and they will post the special exception requirement. Or if we do not meet that requirement we will immediately request a variance. However, in light of the fact that we are facing a civil trial on April 16, I think the results of that trial is that we will get at least another 30-60 days before he has to vacate the building. We would like to move as expeditiously as we can and in that process we would appreciate if the Commission would at least consider making a decision or making a preliminary decision as to whether or not they will agree to let him move the club. Whether it is Damascus Road or Deans Bridge Road. Now if the Commission has a preference, certainly we would like for them to present that preference to us for we can do everything we can to get that particular location through P&Z. I Mr. Wall: You're asking the Commission to decide without the benefit of all the information that the plats will show as far as what's in the vicinity. Also, you're asking them to make a determination without the input of the community, which is the reason for the public notice. I think the Commission should withhold a decision until that advertising is done because otherwise you have made that posting meaningless. Mr. Brigham: I would like to make a motion that we postpone this until we have a site that is properly zoned presented to us. Mr. Kuhlke: Second. Mr. Mays: Can we establish a time frame for anything that will be done or that could be done in conjunction with one decision versus another one? This has been thrown around for a while and I am a little concerned that zoning has come in to be an issue after this has been talked about for this length of time. After a detailed discussion, Mr. Frails: I would like to withdraw the petition and will come back at a later date. Mr. Brigham: So move to accept the withdrawal. Mr. Kuhlke: Second. I Motion carried unanimously. New Application: A.N. 01-66: A request by Peter Shanks for an on premise consumption liquor, beer & wine license to be used in connection with Sweet's Party Place located at 3520 Gordon Highway. There will be a dance hall. District 3. Super District 10. I Mr. Shanks: Peter Shanks, 3707 Gordon Hwy, Harlem. Mr. Walker: This applicant meets all requirements of L&I and the Sheriffs Dept and we recommend approval. (No objectors) Mr. Kuhlke: So move. Mr. Mays: Second. Motion carried unanimously. New Ownership: A.N. 01-67: A request be George Harrison for an on premise consumption beer & wine license to be used in connection with The Boll Weevil Cafe & Sweetery located at #10 Ninth St. District 1. Super District 9. Mr. Harrison: George Harrison, 2165 Telfair St. Mr. Walker: This applicant meets all requirements of L&I and the Sheriffs Dept and we recommend approval. (No objectors) I Mr. Kuhlke: So move. Mr. Brigham: Second. Motion carried unanimously. New Application: A.N. 01-68: A request by Ayako Inaba for an on premise consumption beer & wine license to be used in connection with Sasurai Restaurant located at 1048 Broad St. District 1. Super District 9. Ms. Ayako Inaba, 420 Belglade Rd., Grovetown. Mr. Walker: This applicant meets all requirements ofL&I and the Sheriffs Dept and we recommend approval. (No objectors) Mr. Mays: So move. Mr. Kuhlke: Second. Motion carried unanimously. I I New Ownership Application: A.N. 01-69: A request by Pyung Kwon for a retail package beer & wine license to be used in connection with Lake Pantry located at 2177 Broad Street. District 1. Super District 9. Mr. Kwon: Pyung Kwon 1919 Dunham Ct, Augusta. Mr. Walker: This applicant meets all requirements of L&I and the Sheriffs Dept and we recommend approval. (No objectors) Mr. Mays: So move. Mr. Brigham: Second. Motion carried unanimously. Motion to approve and award professional services for Brookfield West Park to include master planning and Phase I architecture and engineering to Davis Design Group in the amount of $53,000. Mr. Kuhlke: So move. 11r.11ays: Second. I Motion carried unanimously. Motion to approve and award professional services for McBean Park to include master planning, architecture and engineering to Johnson, Laschober & Associates in the amount of $75,000. Mr. Kuhlke: So move. Mr. Mays: Second. Motion carried unanimously. Motion to approve and award professional services for Sand Hills Park to include master planning, architecture and engineering to W.R Toole Engineers, Inc. in the amount of $77,600. Mr. Kuhlke: So move. Mr. Mays: Second. Motion carried unanimously. I Motion to approve Ordinance defining Arcade. Mr. Wall: We are still trying to come up with a middle ground as far as the Arcade Ordinance is concerned. Last year we adopted an ordinance, which reduced the number from ten down to three or more as requiring an arcade license. It has been brought to my attention that many or our recreation parks, boys and girls clubs and other places already have more than three game machines there. As a result, we are proposing changing the definition of an Arcade to a location with three or more machines for non- cash redemption. Or a location with not more than ten bona fide coin-operated game amusement machines of any kind, will provide flexibility to our recreational facilities and other business that are not seek to attract customers for non-cash redemption. I Mr. Brigham: So move. Mr. Mays: Second. Motion carried unanimously. Motion to approve real estate sales contract with Richard Ransom for the acquisition of 6.49 acres for $288,805 in connection with the Brookfield Park Project. Mr. Kuhlke: So move. Mr. Brigham: Second. Motion carried unanimously. I ADJOURNMENT: With no further business to discuss the meeting was adjourned. Lena 1. Bonner Clerk of Commission Ibb I I PUBLIC SERVICES AGENDA COMMITTEE ROOM - Marcll 26, 2001 4:00 P. j'v!. 1. tvlotion to amend Augusta Richmond County Code Section 6-7-40 so as to prohibit advel1ising on or in taxicabs. 2. A request from Frails & Tisdale, Attomeys, regarding a hardship transfer of adult entertainment and liquor licenses for Mr. James Lewis. 3. New Application: A.N. 01-66: A request by Peter Shanks for an on premise consumption liquor, beer & wine license to be used in connection with Sweet's Party Place located at 3520 Gordon Highway. There will be a dance hall. District 3. Super District 10. 4. New Ownership Application: A.N.01-67: A request by George Harrison for an on premise consumption beer & wine license to be used in connection with The Boll Weevil Cafe & Sweetery located at #10 Ninth St. District 1. Super District 9. 5. New Application: A.N. 01-68: A request by Ayako Inaba for an on premise consumption beer & wine license to be used in connection with Sasurai Restaurant located at 1048 Broad St. District I. Super District 9. I 6. New Ownership Application: A.N. 01-69: A request by Pyung Kwon for a retail package beer & wine license to be used in connection with Lake Pantry located at 2177 Broad St. District 1. Super District 9. 7. Motion to approve and award professional services for Brookfield West Park to include master planning and Phase I architecture and engineering to Davis Design Group in the amount of 553,000. 8. Motion to approve and award professional services for McBean Park to include master planning, architecture and engineering to Johnson, Laschober & Associates in the amount of$75,000. 9. Motion to approve and award professional services for Sand Hills Park to include master planning, architecture and engineering to W. R. Toole Engineers, Inc. in the amount of$77,600. 10. Motion to approve Ordinance defining Arcade. I W'