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HomeMy WebLinkAbout09-09-2002 Meeting I PUBUC SERvlCES COMMITrEE COMMITrEE ROOM - September 9, 2002 12:30 P. M. PRESfu'IT: U. Bridges, Co-Chairman, R. Colclough, B. Kuhlke members, G. Kolb, Administrator, J. Wall, Attorney, W. Hornsby, Deputy Administrator. ABSENT: B. Young, Mayor, W. Mays. ALSO PRESENT: Commissioners L Beard and B. Hankerson, 1. Bonner, Oerk of Commission, Sgt. G. Smith, Sheriffs Dept. MEDIA: H. Williams, Augusta Chronicle, S. Eidson, Metro Spirit, G. Eskola, Channel 6, Channel 12. Clerk: We one request to: Consider renaming the Julian Smith Baseball Field to the Dr. Dan Sullivan Field at Julian Smith. (Requested by Commissioner Kuhlke) Mr. Kuhlke: So move to add., Mr. Colclough: Second. Motion carries unanimously. I 1. Motion to approve Change Order Number 3 for $43,100 to Continental Construction Company, Inc. for McBean Park Project. Mr. Beck: During our base bid we did not add the clock tower, the landscaping around the building nor the irrigation as part of the initial base bid. We wanted to make sure we had plenty of contingency on the project. The project is about 85% complete. We've had no problems on the project. We have sufficient funds to add these additions that will be very important to the integrity of the project. We recommend your approval. Mr. Kuhlke: What do we have in ':'e budget for the whole project including contingency. Mr. Beck: The whole project we had $1,065,678.10 dollars. With this change orderwe'll still have a balance of $74,879. Mr. Kuhlke: So move for approval. Mr. Colclough: Second. I Motion carries unanimously. 1 2. New Ownership: A.N. 02-32: A request by Malik Karmi for a retail package Beer & Wine license to be used in connection with Delta Travel Center located at 3403 lVIike Padgett Hwy. District 8. Super District 10. Mr. Karimi: Malik Karimi1600 Govemrich Rd, Duluth GA Mr. Walker; This applicant meets all requirements and has been approved by the L&1 Dept., and the Sheriff's Dept and we reco=end approval. He has an agent in Richmond County. (No objectors) Mr. Colclough: So move for approval. Mr. KuWke: Second. Motion carries unanimously. 3. New Ownership: A.N. 02-33: A request by Yun Mee Sands for a retail package Beer & Wine license to be used in connection with OK Pantry located at 502 Highland Avenue. District 1. Super District 9. Ms. Sands; Yun Mee Sands 2543 Hilton Court, Augusta. I Mr. Walker; This applicant meets all requirements and has been approved by the I L&1 Dept., and the Sheriff's Dept and we reco=end approval. (No objectors) Mr. Colclough: So move for approval. Mr. Kuhlke: Second. Motion carries unanimously. 4. New Application: A.N. 02-34: A request by Katy Ledford for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mellow Mushroom Pizza j'Jcated at 1167 Broad Street. There will be Sunday sales. District 1. Super District 9. Ms. Ledford: Katy Ledford 920 Monte Sano Ave., Augusta. Mr. Walker: This applicant meets aU requirements and has been approved by the L&1 Dept., and the Sheriff's Dept and we reco=end approval. (No objectors) Mr. Kuhlke: So move for approval. Mr. Colclough: Second. Motion carries unanimously. 2 I I I I 5. Discussion: A request by the RCSD for a hearing to consider the possible probation, suspension or revocation of the Alcohol Beverage License held by Ki Kwan Kim for Jack's Grocery located at 4630 lVIike Padgett Hwy. for the following violations: (see attached letter). District 8. Super District 10. Sgt. Greg Smith, Sheriff's Office: After receiving a phone caU about lVIr. Kim selling beer on Sunday's I did a surveillance and found that Mr. Kim was selling beer on Sunday. I entered the store and spoke with Mrs. Kim and she offered me a bribe to take no action after it was apparent that charges were going to"be made. Mr. Kim also fails to meet residency requirements. As a result of the subsequent investigation beyond that, we found out that the Kim's actuaUy in Martinez and not in Richmond County which is why the other alcohol locations have been brought up as well. On each of those applications, Mr. Kim states that he lives at 4630 Mike Padgett Hwy, which is Jack's Grocery. However, Columbia County tax records show that the Kim's purchased their home in Martinez in 1984. So as a result of that, we also ask that you consider Ace Package Shop and Ace Convenience Store, which are owned by Mr. Kim. I spoke with the Sheriff about this and our reco=endation is that we are asking that the alcohol license at Jack's Grocery be suspended for thirty days. And that the location be placed on probation for the balance of the year, assuming that Mr. Kim gets an agent inside Richmond County to go on his alcohol license as required by the Ordinance. We also would ask that his other two alcohol locations be placed on probation again assuming that he gets in compliance with the Ordinance which requires an agent who is a resident of Richmond County. We're not trying to put Mr. Kim out of business but we do want Mr. Kim to understand that the Ordinances are there for a reason and that we're obviously not going to tolerate any type of bribery. And that we everybody to follow the Ordinances and operate their businesses in a legal manner. Mr. Richard Ingraman, Attorney: I am here representing Mr. Fleming, who is Mr. Kim's attomey. We ask that the Commission handle this matter with a view toward aUowing Mr. Kim to maintain his three businesses in Richmond County. We recognize the fractions. I would like you to know that there is a trailer behind Mr. Kim's business where this took place. He told me that he thought that satisfied the residency requirement. He is prepared to get someone to take the licenses in Richmond County. Mr. Kuhlke: I would like to ask Officer Smith on the first offense if he would state again what he would like for us to do. Sgt. Smith: We're asking that the Alcohol license at Jack's Grocery be suspended for thirty days and the License be placed on probation for the balance of a year after the thirty days of suspension with no problems. 3 Mr. Kuhlke: Is that subject to them getting an appropriate person on the license also. Sgt. Smith: Yes sir. That's correct. I Mr. Kuhlke: I move approval. Mr. Colclough: Second. Motion carries unanimously. 6. Discussion: A request by the RCSD for a hearing to eonsider the possible probation, suspension or revocation of the Alcohol Beverage License held by Ki Kwan Kim used in connection with A's Convenience Store & Package Shop located at 1857 Gordon Hwy. for the following violations: (see attached letter). District 5. Super District 9. Mr. Bridges: On this offense, Officer Smith you're recommending one-year probation. Sgt. Smith: Again assuming he gets in compliance in getting a Richmond County resident as an agent. Mr. Kuhlke: So move for approval. I Mr. Colclough: Second. Motion carries unanimously. 7. Discussion: A request by the RCSD for a hearing to consider the possible probation, suspension or revocation of the Occupational License held by Thomas Ryan used in connection with Our Place Spa located at 3319 Washington Road for the following violations: (see attached letter). District 7. Super District 10. Sgt. Smith: We received two complaints about this location. "During a series of undercover operations, it was found that this location was conducting illegal operations. The complaints were that the young ladies were keeping a house of masturbation for hire and keeping a house of prostitution. As a result of that we're asking that the license for Our Place Spa II be revoked. Mr. Tom Ryan: I sold this business to Mo. Kim last year. I teach massage. I had no knowledge that this was going on. I am not involved in the business but I do own the building. Mr. KuhIke: lV1r. waU, if we do a license revocation on this, since Mr. Ryan says I that he is not involved ill the business hut owns the building. The busin~ss that's 4 I I I in the building now is out of business. Does that preclude him from leasing the building to someone else under another name for the same purpose? Mr. Wall: You're listed as the secretary of the cooperation, is that correct? Mr. Ryan: No, not anymore. That was last year. The only reason my name is aD. the business license is because I designed and built the business. That was my input into the business. She filed all the information with the License Dept. Mr. Wall: If Mr. Ryan can demonstrate that he is not the business owner or part of the business to our satisfaction, then he will not be precluded from coming back. Otherwise, he will have to demonstrate that it's an arms length sale to some new entity and that new entity can locate at that location. But it would have to be an arms length. It can not be a fictitious transfer to a related party. He is listed as the secretary of the Limited Liability Partnership on the license. There should have been a transfer of the license. Mr. Kuhlke: I move for revocation of the license as recommended by the Sheriff's Dept. Mr. Colclough: Second. Motion carries unanimously. 8. Discussion: A request by the RCSD for a hearing to consider the possible probation, suspension or revocation of the Occupational License held by Richard Eldridge used in eonnection with Sun Spa located at 2815 Wylds Road for the following violations: (see attached letter). Distriet 3. Super District 10. Sgt. Smith: In this case we were approached by an informant that stated that he had been in the spa on several occasions and had received sexual favors in exchange for money. As a result of that, we sent an undercover agent in with the informant an'.i they were approached by the ladies it: the spa for sexual favors. As a result of the operation we arrested two females for two counts of prostitution and one count of keeping a house of prostitution. We are requesting that this business license be revoked. Mr. Calvin Chance, Attorney: Mr. Eldridge is the license owner of this business. He was not there and has minimal contacts with the business and was not aware of what was going on at this business until today when we heard the officer speak. We ask that before you make any decision to suspend his license we at least have him have any criminal charges made against these people to be disposed of before his license is actuaUy revoked. Mr. Wall: I do not recommend it. Obviously there will be a period of time before the criminal "harges are ']isposed of. You have:) different standard of proof. 5 You have beyond a reasonable doubt in so far as the criminal charges. All that's required here is by preponderance of the evidence in so far as revocation of the I license. There's no dispute concerning the evidence that's been given by Sgt. Smith at this point. I reco=end revocation. Mr. Colclongh: So move for approval of the Sheritr s Dept recommendation. Mr. Kuhlke: Second. Motion carries unanimously. 9. Discussion: A request by the RCSD for a hearing to consider the possible probation, suspension or revocation of the Oceupational License held by Sun Mczorn used in connection with Peach Health Spa located at 2601 Deans Bridge Road for the following violations: (see attached letter). District 5. Super District 9. Sgt. Smith: Again acting on complaints we sent in an undercover officer to this location. During the undercover operation the officer was offered sexual favors. There were arrest made for one count of prostitution and two counts of keeping a house of prostitution. Our reco=endation is for revocation of the license. lV1r. Ingraman: Present are both the owner and the license holder. The employee I that was arrested is the sister of one of the employee's friend who was hired just a week before this incident. They have been in business for about a year and have had no infractions during that time frame and they plan to contest the matter. Mr. Colclough: So move for approval of the Sheriff's Dept recommendation. Mr.tcuhlke:Second. Motion carries unanimously. 10. App'ove Amendment to Augusta-Richmond County Code Section 6-2-64 to exempt businesses located in Augusta's "Downtown Business District" from alcohol distance requirements. Mr. Beard: We met this morning in reference to this. I think it was the general consensus of those in attendance that you give the committee the opportunity to establish a hospitality panel to deal with this. We're asking that you aUow us forty-five days tu deal with this after the panel has been formed. We have already asked that the Administrator and lV1r. Sanford Loyd, Chairman of the DDA work together to establish this panel. Mr. Kuhlke: I move that we do that. I 6 I Mr. Colclough: Second. Motion carries unanimously. Consider renaming the Julian Smith Baseball Field to the Dr. Dan Sullivan Field at Julian Smith. (Requested by Commissioner Kuhlke) Mr. Kuhlke: I asked that this be added because I had a letter from several young men who played for Dr. Sullivan when they were young. These people would like to see Dr. Sullivan recognized for his work with youth. Mr. Beck: I think that Dr. Sullivan added a lot to our youth program many years ago. I think it is appropriate in this particular case to name the ball field there, which has never been named. Mr. Kuhlke: I would like to make a motion that we approve this. Mr. Colclough: Second. Motion carries unanimously. ADJO~NT: With no further business to discuss the meeting was adjourned. ":1 Lena J. Bonner Oerk of Commission (bb I 7 PUBLIC SERVICES AGENDA COMMITTEE ROOM - September 9, 2002 12:30 P. M. 1. Motion to approve Change Order Number 3 fOf $43,100 to Continental Construction Company, Inc. for McBean Park Project. 2. New Ownership: A.N. 02-32: A request by Malik Karmi for a retail package Beef & Wine license to be used in connection with Delta Travel Center located at 3403 Mike Padgett Hwy. District 8. Supef District 10. 3. New Ownership: A.N.02-33: A request by Yun Mee Sands for a retail package Beer & Wine license to be used in connection with OK Pantry located at 502 Highland Avenue. District I. Super District 9. 4. New Application: A.N. 02-34: A request by Katy Ledfofd for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mellow Mushroom Pizza located at 1167 Broad Street. There will be Sunday sales. District I. Super District 9. 5. Discussion: A request by the RCSD for a hearing to consider the possible probation, suspension or revocation of the Alcohol Beverage License held by Ki Kwan Kim for Jack's Grocery located at 4630 Mike Padgett Hwy. for the following violations: (see attached letter). District 8. Supef District 10. 6. Discussion: A request by the RCSD fOf a hearing to consider the possible probation, suspension or revocation of the Alcohol Beverage License held by Ki Kwan Kim used in connection with A's Convenience Store & Package Shop located at 1857 Gordon Hwy. for the following violations: (see attached letter). District 5. Super District 9. 7. Discussion: A request by the RCSD for a hearing to consider the possible probation, suspension or revocation of the Occupational License held by Thomas Ryan used in connection with Our Place Spa located at 3319 Washington Road for the following violations: (see attached letter). District 7. Super District 10. 8. Discussion: A request by the RCSD for a hearing to consider the possible probation, suspension or fevocation of the Occupational License held by Richard Eldridge used in connection with Sun Spa located at 2815 Wylds Road for the following violations: (see attached letter). District 3. Super District 10. 9. Discussion: A request by the RCSD for a hearing to consider the possible probation, suspension or revocation of the Occupational License held by Sun Mczorn used in connection with Peach Health Spa located at 2601 Deans Bridge Road for the following violations: (see attached letter). District 5. Super District 9. ... - - - - 10. Approve Ameodment to Augusta-Richmond County Code Section 6-2-64 to exempt businesses located in Augusta's "Downtown Business District" from alcohol distance requirements. I - iiii ..., ADDENDUM PUBLIC SERVICES AGENDA September 9,2002 12:30 P. M. ADDITION TO THE AGENDA: 1. Consider renaming the Julian Smith Baseball Field to the Dr. Dan Sullivan Field at Julian Smith. (Requested by Commissioner Kuhlke) - - -