RES 2011-1438 - After-hours dance permit at Omaha Mining Company 1.
i 014AHA,1V 4 `,�
,�;.`, 4,s� +:, ` i, '1'' Planning Department
kr 'er- 45A315 �yti Permits&Inspections Divison
1 r`/ R , t i Omaha/Douglas Civic Center 1
o' '12.'`" 1819 Famam Street,Suite 1110
04 �� `j �ru•y:F ="`ip ti Omaha,Nebraska 68183
. 's am ,�. .r," (402)444-5150
City of Omaha Telefax(402)444-6140
Jim Suttle,Mayor R.E.Cunningham,RA,F.SAME
Director
December 6, 2011
Honorable President
and Members of the City Council,
Re: After Hours Dance Permit—Omaha Mining Company, 1715 Leavenworth Street
Attached is a resolution to approve an application by Omaha Mining Company to obtain the
issuance of an after hours dance permit at 1715 Leavenworth Street, Omaha,Nebraska.
This application has been reviewed by the following city departments who have made
recommendations as follows:
Planning Department No objection
Police Department No objection
Fire Department No objection
Respectfully submitted Referred to City Council for Consideration:
WI°Aii°16..s-ii,Wirat/t/#/t. 11
. . unnin '`:.. RA. tine E Date Mayor's 0 ice/Title Date
•
Planning Di ector
Attach: Application "
Written Recommendation
11001 pinrdh—cover letter
results from its construction; and,
WHEREAS, the circumstances of the questions of valuation and propriety of the
taking suggests it is in the best interests of the City of Omaha and the residents thereof to resolve this
litigation by settlement with the condemnee.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
said Sub Lot 8 of Tax Lot 5 and 110.3 feet North of the South line
of said Tax Lot 6; thence in a Southwesterly direction along a straight line to a point 1.75 feet
West of the Southwest corner of said Sub Lot 8 of Tax Lot 5; thence East 1.75 feet to the
Southwest corner of said Sub Lot.8 of Tax Lot 5; and thence North 265.1 feet, more or less, to
the place of beginning.
(111) Beginning at a point on the East line of said Tax Lot 6, a distance of 3,061.28 feet North of
the Southeast corner of said Tax Lot 6; thence North 265 feet, more or less, to the Northeast
corner of said Tax Lot 6; thence West 165 feet, more or less, to the Northwest corner of said Tax
Lot 6; thence South to a point 1,061.28 feet North of the Southwest corner of said Tax Lot 6;
and thence East 165 feet, more or less,to the point of beginning.
(IV) Sub Lot 34 in said Tax Lot 5,together with a strip of land 34 feet in width adjoining said
Sub Lot 34 on the East, EXCEPT for the north 39 feet of said Sub Lot 34 and of said strip of land
Adjoining the same on the East.
All located in the SE 'A of the NE '/4 of Section 15, Range 13 East of the 6`h P.M.,Douglas County Nebraska.
THE BUYER'S PROPERTY DOES NOT INCLUDE THE CiTY PROPERTY THAT IS LEGALLY
DESCRIBED IN EXHIBIT"A-I"TO THiS AGREEMENT.
8
rmance
or other matters related to this Agreement.
(i) No Adverse Construction. Notwithstanding the fact that this Agreement may have been
prepared by counsel for one of the parties, the parties confirm that they and their respective
counsel have reviewed, negotiated and adopted this Agreement as the joint agreement and
understanding of the parties. This Agreement is to be construed as a whole and any presumption
that ambiguities are to be resolved against the primary drafting party shall not apply.
(j) No Waiver. Except as expressly provided in this Agreement, the failure of a party to act upon
a default of another party in any term,condition or obligation or other provision of this Agreement
shall not be deemed a waiver of any subsequent breach or default of the term, condition or
obligation or other provision by such defaulting party.
(k) Survival. Whether or not expressly stated in this Agreement, and whether or not the Closing
shall occur, all provisions in this Agreement shall survive the conveyance of the City Property to
City and, if occurring, the Closing as may be necessary in order to give full force and effect to this
Agreement. The provisions of this Paragraph 8(j) shall survive the conveyance of the City
Property to City and, if occurring,the Closing.
5
erwise transfer any interest in any part
or portion of the City Property except subject to the Decree and Litigation, the Notice and
Restriction and the Declaration and whereby City's grantee(s) shall covenant not to grant, convey
3
management, including any removal, treatment of or disposal of any and all environmentally
2
1
a71-3•
DANCE PERMIT PLICATION
�a (REGULAR 0 RHO
4 , SEP2011 Q
0-, ,;A;.;,L.,•
;� Investigation Fee $20.00
c'-. I',fill%` Dance Permit Fee 60.00 or$200.00
t� ;�,,;;;;,, Cash Receipt No.
�Q' Application Date:
Establishment Name: /,rPP- 2 / �NC f. ,464 C-DM A i 4/T4' Cm,
Location: / 7/ A SA-✓1 AJ v7 a gm/ v 1, a n7A17`4 Nt i /o
Applicant's Name: -7-L x12 Y Tr PPJ7 Phone: 1/1,0q" /L/ 1 ,7°3
Applicant's Business Address: / -1 /$ h 2-4 1 '',G-i/4)a/27'f/ - a p-i.4,14 „ 11&" ,$-/p2
Establishment Owner's Name: 77 R R vi % f'ly,t% D.O.B.: 6'7 Address: /7/`$ 42 AE41V14Ff"TA/
L- / i
Establishment Manager's Name: ,f T'(, Ker014 fl D.O.B.: l 00-cF0?"&5 Address:
Hours of Operation: Q Pin LI 4 pi
Maximum Occupancy Allowed (#of people allowed on Assembly Permit): /'79/n84-4)EAR -L/9 / °-)2
(Must provide copy of current Certificate of Occupancy) __ 12
Serving Liquor: Yes_ No ' Cover Charge: Yes - No_
Describe security for both inside aW ou.,lsside the establishment:
L 'trig rt.; F ?L'U'v A) ,ev 5 r:4� q- 0 Li !
i/ r p eo 5 r g t1tt 1 r•vc t' A- 15 D
List name, address, and date of birth of all security personnel (attach additional sheets if necessary):
Name PL'I KAr Tc-rN' 744 Name 50 L_. 4 I )<y ) ':i
Address 1 "1 7% t h /-,C-'4'tic-;�u t,..0;4.'t-P5 Address 45 b A 5 re)v Y 5 7, Cr-, rig
Date of Birth /o . at?, _•4, Date of Birth 9 - ? --Co y
Name A rc K ti NE- rt Name
Address c9 , 14, k' i/o S Address
Date of Birth - c - $- / Date of Birth
Name Name
Address Address
Date of Birth Date of Birth�-4 q
/ t5 A J l
Applicant's Signature Date
BELOW FOR OFFICE USE ONLY
Police Department Recommendation Approve i Deny
r-;fsr!g—'R 1Si1-12 �� S291
Signature.. y , __ .� Date
Fire Dep rt e Rec mendation Approve y 4-5' ,-- Deny
/la IJ )0) a40 r
ignatu a Date
Planni Dep nt Recommendation 4 Approve Deny
411 l 1' I`7 . f"- 1 l
Signat Date
4
corner of said Tax Lot 6; thence West 165 feet, more or less, to the Northwest corner of said Tax
Lot 6; thence South to a point 1,061.28 feet North of the Southwest corner of said Tax Lot 6;
and thence East 165 feet, more or less,to the point of beginning.
(IV) Sub Lot 34 in said Tax Lot 5,together with a strip of land 34 feet in width adjoining said
Sub Lot 34 on the East, EXCEPT for the north 39 feet of said Sub Lot 34 and of said strip of land
Adjoining the same on the East.
All located in the SE 'A of the NE '/4 of Section 15, Range 13 East of the 6`h P.M.,Douglas County Nebraska.
THE BUYER'S PROPERTY DOES NOT INCLUDE THE CiTY PROPERTY THAT IS LEGALLY
DESCRIBED IN EXHIBIT"A-I"TO THiS AGREEMENT.
8
rmance
or other matters related to this Agreement.
(i) No Adverse Construction. Notwithstanding the fact that this Agreement may have been
prepared by counsel for one of the parties, the parties confirm that they and their respective
counsel have reviewed, negotiated and adopted this Agreement as the joint agreement and
understanding of the parties. This Agreement is to be construed as a whole and any presumption
that ambiguities are to be resolved against the primary drafting party shall not apply.
(j) No Waiver. Except as expressly provided in this Agreement, the failure of a party to act upon
a default of another party in any term,condition or obligation or other provision of this Agreement
shall not be deemed a waiver of any subsequent breach or default of the term, condition or
obligation or other provision by such defaulting party.
(k) Survival. Whether or not expressly stated in this Agreement, and whether or not the Closing
shall occur, all provisions in this Agreement shall survive the conveyance of the City Property to
City and, if occurring, the Closing as may be necessary in order to give full force and effect to this
Agreement. The provisions of this Paragraph 8(j) shall survive the conveyance of the City
Property to City and, if occurring,the Closing.
5
erwise transfer any interest in any part
or portion of the City Property except subject to the Decree and Litigation, the Notice and
Restriction and the Declaration and whereby City's grantee(s) shall covenant not to grant, convey
3
management, including any removal, treatment of or disposal of any and all environmentally
2
' 1
ot,*,Ali A, , City of Omaha
PERMITS AND INSPECTIONS
40
THIS IS NOT A PERMIT
'ton-h r.ta' This document serves only as a record of payment received for application fee.
There is a minimum $20.00 charge on all refunds.
APPLICATION DETAILS Date: 09/13/2011 Receipt Number: 419578
Permit Application Type: MISCELLANEOUS/DANCE/AFTER HOURS
Permit Applicant: Terry Tippit/Omaha Mining Company
Application Number: DAN-11-00011
Job Address: 1715 LEAVENWORTH ST OMAHA, NE 68102
Payment Received From: Terry Tippit-Omaha Mining Company
Payment Method Ref# Comment Amount
Check 22456 $20.00
•
Cashier ID: PLNRDH
PAYMENT DETAILS
Invoice Fee Amount Applied
No. Assessed Fees Amount
812101 Investigation Fee $20.00 $20.00
Total Paid: $20.00
Visit us online at http://www.ci.omaha.ne.us/
Search permit information online at www.omahapermits.com
T8108-D
Version 4.0
ecurity for both inside aW ou.,lsside the establishment:
L 'trig rt.; F ?L'U'v A) ,ev 5 r:4� q- 0 Li !
i/ r p eo 5 r g t1tt 1 r•vc t' A- 15 D
List name, address, and date of birth of all security personnel (attach additional sheets if necessary):
Name PL'I KAr Tc-rN' 744 Name 50 L_. 4 I )<y ) ':i
Address 1 "1 7% t h /-,C-'4'tic-;�u t,..0;4.'t-P5 Address 45 b A 5 re)v Y 5 7, Cr-, rig
Date of Birth /o . at?, _•4, Date of Birth 9 - ? --Co y
Name A rc K ti NE- rt Name
Address c9 , 14, k' i/o S Address
Date of Birth - c - $- / Date of Birth
Name Name
Address Address
Date of Birth Date of Birth�-4 q
/ t5 A J l
Applicant's Signature Date
BELOW FOR OFFICE USE ONLY
Police Department Recommendation Approve i Deny
r-;fsr!g—'R 1Si1-12 �� S291
Signature.. y , __ .� Date
Fire Dep rt e Rec mendation Approve y 4-5' ,-- Deny
/la IJ )0) a40 r
ignatu a Date
Planni Dep nt Recommendation 4 Approve Deny
411 l 1' I`7 . f"- 1 l
Signat Date
4
corner of said Tax Lot 6; thence West 165 feet, more or less, to the Northwest corner of said Tax
Lot 6; thence South to a point 1,061.28 feet North of the Southwest corner of said Tax Lot 6;
and thence East 165 feet, more or less,to the point of beginning.
(IV) Sub Lot 34 in said Tax Lot 5,together with a strip of land 34 feet in width adjoining said
Sub Lot 34 on the East, EXCEPT for the north 39 feet of said Sub Lot 34 and of said strip of land
Adjoining the same on the East.
All located in the SE 'A of the NE '/4 of Section 15, Range 13 East of the 6`h P.M.,Douglas County Nebraska.
THE BUYER'S PROPERTY DOES NOT INCLUDE THE CiTY PROPERTY THAT IS LEGALLY
DESCRIBED IN EXHIBIT"A-I"TO THiS AGREEMENT.
8
rmance
or other matters related to this Agreement.
(i) No Adverse Construction. Notwithstanding the fact that this Agreement may have been
prepared by counsel for one of the parties, the parties confirm that they and their respective
counsel have reviewed, negotiated and adopted this Agreement as the joint agreement and
understanding of the parties. This Agreement is to be construed as a whole and any presumption
that ambiguities are to be resolved against the primary drafting party shall not apply.
(j) No Waiver. Except as expressly provided in this Agreement, the failure of a party to act upon
a default of another party in any term,condition or obligation or other provision of this Agreement
shall not be deemed a waiver of any subsequent breach or default of the term, condition or
obligation or other provision by such defaulting party.
(k) Survival. Whether or not expressly stated in this Agreement, and whether or not the Closing
shall occur, all provisions in this Agreement shall survive the conveyance of the City Property to
City and, if occurring, the Closing as may be necessary in order to give full force and effect to this
Agreement. The provisions of this Paragraph 8(j) shall survive the conveyance of the City
Property to City and, if occurring,the Closing.
5
erwise transfer any interest in any part
or portion of the City Property except subject to the Decree and Litigation, the Notice and
Restriction and the Declaration and whereby City's grantee(s) shall covenant not to grant, convey
3
management, including any removal, treatment of or disposal of any and all environmentally
2
C-25A
.. CITY OF OMAHA
LEGISLATIVE CHAMBER ._.
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
—
.,;
WHEREAS, Omaha Municipal Code Section 5-64(d) provides that after-hours
dance permits may be issued or renewed only after approval of the same by resolutiOn of the City.
Council; and,
. ..., -
WHEREAS, Omaha Mining Company has applied for the issuance of an after'
hours dance permit at 1715 Leavenworth Street, Omaha,Nebraska; and,
WHEREAS, the following City departments have reviewed the application and
have made the following recommendations:
Planning Department—No objection
Police Department—No objection
Fire Department—No objection
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the application of Omaha Mining Company for the issuance of an after
hours dance permit at 1715 Leavenworth Street be and hereby is approved.
APPROVED AS TO FORM:
k-oil/
a-CITY ATTORNEY DATE
1 loo 1 pinrdh—resolution
Zfriet4- /i / i
%..
By
I cilmember
Adopted
- ,,, - • ity Clerk /4:9-.)
fe
Approved...., .. . ..017
Mayor
15 D
List name, address, and date of birth of all security personnel (attach additional sheets if necessary):
Name PL'I KAr Tc-rN' 744 Name 50 L_. 4 I )<y ) ':i
Address 1 "1 7% t h /-,C-'4'tic-;�u t,..0;4.'t-P5 Address 45 b A 5 re)v Y 5 7, Cr-, rig
Date of Birth /o . at?, _•4, Date of Birth 9 - ? --Co y
Name A rc K ti NE- rt Name
Address c9 , 14, k' i/o S Address
Date of Birth - c - $- / Date of Birth
Name Name
Address Address
Date of Birth Date of Birth�-4 q
/ t5 A J l
Applicant's Signature Date
BELOW FOR OFFICE USE ONLY
Police Department Recommendation Approve i Deny
r-;fsr!g—'R 1Si1-12 �� S291
Signature.. y , __ .� Date
Fire Dep rt e Rec mendation Approve y 4-5' ,-- Deny
/la IJ )0) a40 r
ignatu a Date
Planni Dep nt Recommendation 4 Approve Deny
411 l 1' I`7 . f"- 1 l
Signat Date
4
corner of said Tax Lot 6; thence West 165 feet, more or less, to the Northwest corner of said Tax
Lot 6; thence South to a point 1,061.28 feet North of the Southwest corner of said Tax Lot 6;
and thence East 165 feet, more or less,to the point of beginning.
(IV) Sub Lot 34 in said Tax Lot 5,together with a strip of land 34 feet in width adjoining said
Sub Lot 34 on the East, EXCEPT for the north 39 feet of said Sub Lot 34 and of said strip of land
Adjoining the same on the East.
All located in the SE 'A of the NE '/4 of Section 15, Range 13 East of the 6`h P.M.,Douglas County Nebraska.
THE BUYER'S PROPERTY DOES NOT INCLUDE THE CiTY PROPERTY THAT IS LEGALLY
DESCRIBED IN EXHIBIT"A-I"TO THiS AGREEMENT.
8
rmance
or other matters related to this Agreement.
(i) No Adverse Construction. Notwithstanding the fact that this Agreement may have been
prepared by counsel for one of the parties, the parties confirm that they and their respective
counsel have reviewed, negotiated and adopted this Agreement as the joint agreement and
understanding of the parties. This Agreement is to be construed as a whole and any presumption
that ambiguities are to be resolved against the primary drafting party shall not apply.
(j) No Waiver. Except as expressly provided in this Agreement, the failure of a party to act upon
a default of another party in any term,condition or obligation or other provision of this Agreement
shall not be deemed a waiver of any subsequent breach or default of the term, condition or
obligation or other provision by such defaulting party.
(k) Survival. Whether or not expressly stated in this Agreement, and whether or not the Closing
shall occur, all provisions in this Agreement shall survive the conveyance of the City Property to
City and, if occurring, the Closing as may be necessary in order to give full force and effect to this
Agreement. The provisions of this Paragraph 8(j) shall survive the conveyance of the City
Property to City and, if occurring,the Closing.
5
erwise transfer any interest in any part
or portion of the City Property except subject to the Decree and Litigation, the Notice and
Restriction and the Declaration and whereby City's grantee(s) shall covenant not to grant, convey
3
management, including any removal, treatment of or disposal of any and all environmentally
2
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t-q '- .(a 't':r ,
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or a Class "C"Liquor License
be granted.
River City Yogurt, Inc., dba"Galo Brazilian Grill", 16920 Wright Plaza, Suite 118.
That, the cost of publication of notice of the hearing was $26.00.
December -ce ber 6, 2011 - Resolution No. 1432 - Motion to adopt. Carried 7 0.
Councilmember
Adopted _ 2011
•
ity Clerk•pr,
Approved %
Mayor
..:: ..
Mayor
1
`,
`I
"NOTICE TO PUBLIC" THE DAILY RECORD
"NOTICE HEARING FOR AFTER- OF OMAHA
• HOURS DANCE•PERMIL.LOCATEDAT AT
1 715.LEAV ENWORTH,STREET!'
Application of:Oiiiaha"Mining'Company LYNDA K. HENNINGSEN Publisher •
requesting'approval of`an'after-hours"dance
permit located at 1 ill Leavenworth Street. PROOF OF PUBLICATION
Publicic Hearing willrbeth�eldybefore the City
Council of the City'ofi Omaha; in' the
Legislative Chambers; Omaiia/Ditiglas Civic
Center, 1819 Farnam Street, on'iDecember UNITED STATES OF AMERICA,
20,2011 at 2:00 p.m.
BUSTER BROWN, The State of Nebraska,
City Clerk District of Nebraska, ss.
— — County of Douglas,
City of Omaha,
J.BOYD
being duly sworn,deposes and says that she is
LEGAL EDITOR
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
December 9, 2011
That sa• aper during that t• e w regularly published and
in 7 ' the cW • County of ou ,ate State of Nebraska.
y• NERA� '•*.
• Subscribed in presence and sworn to b=d.re
OT ARy N 4 909
blis►er's �e sS tiO me this r:y of l
C pRES ecem er 11
A �ti811al Copies $ • / I
STATE OF NEB Notary Public• for +o /County,
S a:: r f Nebrask:
e
Address Address
Date of Birth Date of Birth�-4 q
/ t5 A J l
Applicant's Signature Date
BELOW FOR OFFICE USE ONLY
Police Department Recommendation Approve i Deny
r-;fsr!g—'R 1Si1-12 �� S291
Signature.. y , __ .� Date
Fire Dep rt e Rec mendation Approve y 4-5' ,-- Deny
/la IJ )0) a40 r
ignatu a Date
Planni Dep nt Recommendation 4 Approve Deny
411 l 1' I`7 . f"- 1 l
Signat Date
4
corner of said Tax Lot 6; thence West 165 feet, more or less, to the Northwest corner of said Tax
Lot 6; thence South to a point 1,061.28 feet North of the Southwest corner of said Tax Lot 6;
and thence East 165 feet, more or less,to the point of beginning.
(IV) Sub Lot 34 in said Tax Lot 5,together with a strip of land 34 feet in width adjoining said
Sub Lot 34 on the East, EXCEPT for the north 39 feet of said Sub Lot 34 and of said strip of land
Adjoining the same on the East.
All located in the SE 'A of the NE '/4 of Section 15, Range 13 East of the 6`h P.M.,Douglas County Nebraska.
THE BUYER'S PROPERTY DOES NOT INCLUDE THE CiTY PROPERTY THAT IS LEGALLY
DESCRIBED IN EXHIBIT"A-I"TO THiS AGREEMENT.
8
rmance
or other matters related to this Agreement.
(i) No Adverse Construction. Notwithstanding the fact that this Agreement may have been
prepared by counsel for one of the parties, the parties confirm that they and their respective
counsel have reviewed, negotiated and adopted this Agreement as the joint agreement and
understanding of the parties. This Agreement is to be construed as a whole and any presumption
that ambiguities are to be resolved against the primary drafting party shall not apply.
(j) No Waiver. Except as expressly provided in this Agreement, the failure of a party to act upon
a default of another party in any term,condition or obligation or other provision of this Agreement
shall not be deemed a waiver of any subsequent breach or default of the term, condition or
obligation or other provision by such defaulting party.
(k) Survival. Whether or not expressly stated in this Agreement, and whether or not the Closing
shall occur, all provisions in this Agreement shall survive the conveyance of the City Property to
City and, if occurring, the Closing as may be necessary in order to give full force and effect to this
Agreement. The provisions of this Paragraph 8(j) shall survive the conveyance of the City
Property to City and, if occurring,the Closing.
5
erwise transfer any interest in any part
or portion of the City Property except subject to the Decree and Litigation, the Notice and
Restriction and the Declaration and whereby City's grantee(s) shall covenant not to grant, convey
3
management, including any removal, treatment of or disposal of any and all environmentally
2