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RES 2011-0237 - Addition of volleyball courts to Arena Sports Bar & Grillr � STATE OF NEBRASKA I" "` t r= IVF Davy Heineman NEBRASKA LIQUOR CONTROL COMMISSION Governor Hobert B Rupe — Executive Director I I FEB I I 8: 43 301 Centennial Mall South, 5`h Floor P.O. Box 95046 CITY CLERK Lincoln, NE 68509-5046 Phone [402) 471-2571 OMAHA, N BRASKA Fax(402)471-2814 TRS USER 800 833-7352(TTY) February 9, 2011 Web address:http:%www.lcc.ne.gov/ OMAHA CITY CLERK 1819 FARNAM STREET LC-1 OMAHA NE 68183 RE: Addition to Premise for License Class C - 46294 Dear Clerk: The licensee Arena Sports Bar 8i Grill, Inc DBA Arena Sports Bar a Grill, located at 3809 N 90tn Street in Omaha has requested an addition to premise/reconstruction. (See Attached Diagram). The description for the new license will read as follows unless changed by State Patrol: ONE STORY BLDG APPROX 85'X 93' INCLUDING SIDEWALK CAFE ON WEST SIDE APPROX 35'X 26' AND VOLLEYBALL COURTS ON THE EAST SIDE APPROX 120'X 100'. Please review the enclosed description diagram and present this addition to premise request to the Council for consideration and return the results to the Nebraska Liquor Control Commission office. If you should have any questions, please feel free to give me a call at (402) 471-2821. Sincerely, 4,AIL "o-niumea I'll, Ly Walk Lice ivision Enclosure pc: File Janice Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer r LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C-46294 ARENA SPORTS BAR &GRILL INC 3809 NORTH 90TH ST 68134 571-2310 NLCC ORDERS 07-10-01 -12 DAYS SUSP RE: SELLING TO MINOR (03-03-01) * 08-07-01-PYMNT OF FINE * 07-11-03 -2 DAYS MANDATORY CLOSURE AND ADDITIONAL 40 DAYS SUSP W/OPTION TO PAY FINE RE: SELLING TO A MINOR 01-16-03 * 08-05-03 -PYMNT OF FINE * 03-16-05 - WARNING LETTER RE: SERVING AN INDIVIDUAL WHO WAS INTOXICATED ON OR ABOUT 01-15-05 * 08-22-09-CORP OFFICER CHANGES * OTHER ACTIVITIES 12-21-99-TRANSFER FROM OMAHA KENO LOTTERY, INC * UPGRADE FROM A CLASS "I" * GRANT RES #3349 * 06-08-92 KENO OPENED * 02-10-00 -CHANGE OF OWNSHP FORMER RIO KENO CASINO * 07-16-02 -ADD OUTDOOR SIDEWALK CAFE AREA APPROX 35' X 36' TO THE WEST DOC#1665-MOTION TO LAY OVER 1 WK TO 07-23-02 & CONT PH CARRIED 7-0 * 07-23-02- DOC #1714 APP READ - DOC #1715 SUSP C C LIQ RULES - DOC #1716 APPROVED * 01-15-05 - TAVERN REPORT RE: DISORDERLY CONDUCT; OBSTRUCING AN OFFICERL LITTERING & URINATING IN PUBLIC * 04-27-06 -TAVERN REPORT RE: PROCURING BY A MINOR * 03-08-11 -REQ ADD OF VOLLEYBALL COURTS APPROX 120' X 100'TO THE EAST* LICENSED PREMISES 1 STY BLDG APPROX 85'X 93', INCLUDING SIDEWALK CAFE APPROX 35'X 36' ON THE WEST SIDE OF BLDG OFFICERS: PRES/MGR-BRIAN WRAGGE, 11829 WHITMORE ST, 68142 (H) 964-9308 (C) 212-0199 (8-22- 09-OLD-V-P/SEC) *VP-SHASTA WRAGGE*SECR-STANLEY WRAGGE (8-22-09-OLD-PRES) Robert Batt Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer r Prillt-forP1 I APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use RECEIVED 41,, NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046 FEe 09 2mi LINCOLN,NE 68509-5046 PHONE:(402)471-2571 FAX:(402)471-2814 NEBRASKA LIQUOR Websit= www.lca.ne.gov CONTROL COMMISSION Application: rtAki • Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission • Must include a copy of the lease or deed showing ownership of area to be added • o This is still required even if it's the same as on file with our office • Must include simple sketch showing existing licensed area and area to be added,must include outside dimensions in feet(not square feet),direction north. No blue prints. • Maly include a letter of explanation LIQUOR LICENS 96 1'1 LICENSEE NAME 17 A re-tr% Sr -5 (2)ettr ( vI1 T-nc• TRADE NAMEI Aceu & sper+s 6,,t- 2 6,.1 A Cz17141 PREMISE_ JADDRESS AresAck. SeAr+-3 geer v; (1 4X-a 9-A/C/ CrrY VV%4tie• % 4 r CONTACT PERSON av-<,,, PHONE NUMBER OF CONTACT PERSON, 47/0 0 Complete the following questions: 1) Are you adding on to your building? 5 S S El Yes l No. • Include a sketdi of the area to be added showing: • o existing building o outside dimensions(in feet) o direction north 2) Are you adding an outdoor area? S Pi Yes E No If an outdoor area(chieck one of the following) . la/ 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of • persons from the premises,and of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted sand volleyballhorseshoe pits—) 1111.1111111111111 P:pk,L5 I 4-4 - LAS-jbrr‘ • - O.^ — -1 tfj) 1100001795 0 012.08"Sidewalk cafe"shall mean an outdoor area included in licensed premises,which is used by a restaurant or hotel with a restaurant license,for the service of meals as well as alcoholic liquors,and which is contained by a permanent fence.wall,railing.rope or chain,defining the licensed area,provided that one open entrance not to exceed eight(8)feet shall be allowed. . . • What type of permanent fencing•will you be using? ©_ �- G� v lu-��z-e..._(u 4.4 • Include a.sketch of the area to be added showing: o existing building • • o outside dimensions(in feet) RECFNEU • . o direction north ; PER 0 9 2011 • iNEBRA$i:A LIQUOR .CONTROL COMMISSION • On*AAA Wei . Print Name of gii ature ' • • . . • • • • J� w tom? Signature of Licensee or Officer • • • State of Nebraska • County of The forgoing : : nt/was acknowledge before me this s ) • Date • • 1\:1". OA At I A •-6VA otary c signature JENNIFER NIEDBALSKI • General Notary 0 • State of Nebraska 1,. 4114 • • • • • ng o outside dimensions(in feet) o direction north 2) Are you adding an outdoor area? S Pi Yes E No If an outdoor area(chieck one of the following) . la/ 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of • persons from the premises,and of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted sand volleyballhorseshoe pits—) 1111.1111111111111 P:pk,L5 I 4-4 - LAS-jbrr‘ • - O.^ — -1 tfj) 1100001795 1 • J pi dl t+ Q).- `1:- 0 . 1 Q a 3 --L— --- -_ __ X 0 r6 0 7 ..... ` � c�S roA 1— \----, I 1 e'ais��Jll%try, �S 0gill)? 6083... u 4v . a ti3 ! e } 0 9• 2011 • NESRA LEASE AGREEMENT CON171,0,7 uoiWiossl pN THIS LEASE AGREEMENT entered into this -3 day of , 3%010 by and between M & S Properties, L.L.C. , a Nebraska m ted Liability Company, hereinafter referred to as ( "LESSOR") and Arena sports Bar & Grill, Inc . , a Nebraska corporation, hereinafter referred to as ( "LESSEE" ) . 1 . Premises Leased. Subject to the terms and ,conditions hereof, LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the bar and grill located at 3809 No. 9.Oth Street, Omaha, Nebraska, 68134 , on real estate more particularly described on Exhibit " 1" which is attached hereto and made a part hereof by reference , hereinafter referred to as the ( "PREMISES") . 2 . Term . The term of this Lease shall be as follows : (a ) Effective Date. The effective date of thin Lease shall,. .be the lc,' day of (the "Effective Date") ; (b) Term. The term of this Lease shall be for' 3(0 months ,. . .. commencing on the Effective Date and shall terminate on the 31 'r- day of Ck-A-0,e_, . The term of this Lease shall be automatically renewed for one year terms thereafter on the same terms and conditions herein, unless either party gives {written notification to the ;'-:°`% other of said party' s intention to terminate the Lease at least sixty ( 60) days prior to the date of termination of the initial term or any renewal thereof. (c) Possession . LESSOR shall deliver possession of the L • PREMISES to LESSEE on the Effective Date. 3 . Rental . LESSEE shall pay to LESSOR as rental for the PREMISES, the sum of $ 7000.00 per month, in advance, with the .: monthly rental due on the 14t‘N day of Uour,,. .4 ,aotO and a like , sum due on the [0*" day of the month thereafter throughout the_ '° , term of this Lease. Rental for any portion of a calendar month:. shall be prorated. 4 . Utilities . LESSEE, at its expense, shall provide and pay for all utility services to the PREMISES, including but not limited to, electricity, gas , water, sewer and telephone.. 5 . Maintenance , (a) LESSEE shall, at LESSEE' S .sole cost and expense, comply..., promptly with all applicable statutes, ordinances and regulations in effect dur.in.g the term of this Lease , , regulating the use of the... PREMISES by LESSEE. LESSEE;, shall not use or permit the use of the PREMISES in any...: manner which would tend to'`create waste, a. nuisance, or` : an extraordinary fire hazard. • 1 " AEO• ) (b) LESSEE shall make no major structural alteratk .or 2011 modification of the PREMISES without LESSORtg Wmo. written consent, which consent shall not be unreak withheld or delayed . LESSEE shall be liable for the cost s'O.' of LESSEE ' S installations , modifications or alterations, and the maintenance and repair thereof . (c) LESSEE, at its sole expense, shall be responsible for all repair and maintenance required to or for the PREMISES, any improvements to the PREMISES and the ,personal property therein in order to maintain the same in good and safe condition and repair throughout the tJm of this Lease, including but not limited to, the roof, exterior foundation, sidewalks , parking lots , air conditioning, heating, plumbing , walls, glass, and all fixtures. 6 . Property Insurance. LESSOR, at LESSOR' S expense, shall maintain the fire and extended coverage, malicious mischief, and property and vandalism insurance on the building or buildings of which the PREMISES are a part and such property insurance shall be carried with a financially responsible insurer duly authorized to do business in the State of Nebraska with loss payee as LESSOR. 7 . Liability Insurance . LESSEE, at its expense, shall maintain adequate public liability insurance with a fiscally responsible insurer authorized to do business in the State of Nebraska and approved by LESSOR, which approval shall not be unreasonably withheld or delayed, in a minimum limit of $ t+( y C00.Q0 per person, and $ J 0 c) ) per occurrence and $1( p.00 for property damage, and LESSEE shall furnish LESSOR with certificates of insurance properly executed by the insurance company or companies evidencing such fact and shall give sixty ( 60) days prior written notice to LESSOR in the event of cancellation or material alteration of such coverage . Insurance so required shall be carried in favor of LESSOR and LESSEE as their respective interests may appear . 8 . Indemnity by LE$$EE , LESSEE agrees to indemnify and hold LESSOR harmless from and against all claims of whatever nature arising from any act, omission or negligence of LESSEE, or LESSEE'S contractors , patrons , patients , agents or employees,, or arising ` .' from any accident, injury or damage whatsoever caused to any person, or to the property of any person, occurring during the term of this Lease in or about the building and the PREMISES or arising from any accident, injury or damage occurring outside the building and the PREMISES where such accident, damage or injury results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 entity arising out of ( 1 ) failure by LESSEE to perform any of the terms and conditions of this Lease; (2) failure to comply with any law of any governmental authority; and ( 3) any construction lien or security interest filed against the PREMISES, or the improvements thereon, arising by reason of any construction, alterations or improvements thereon. This Indemnity Agreement shall include indemnity against all costs, expenses and liability in connection with any such claims or proceedings brought thereon and in the defense thereof.. 9 . Surrender. Upon termination of this Lease, r whatever reason, LESSEE shall surrender the PREMISES to LESSOR in substantially the same condition as when received, ordinary wear and tear, natural deterioration beyond the control of LESSEE, and damage by fire, tornado, or other casualty or act of God accepted. 10 . Quiet Enjoyment - Access to the PREMISES. LESSOR covenants , warrants and represents that it has the right, authority and power ' to execute this Lease and to grant the estate demised herein and, so long as LESSEE has not committed any material default under the terms and conditions of this Lease, LESSEE shall peaceably hold and quietly enjoy the PREMISES, and LESSEE shall have the right of ingress and egress to and from the PREMISES. LESSOR shall have such right of access to the PREMISES as is reasonably necessary to the PREMISES from time to time at such times as are reasonable or necessary; provided, however, that LESSOR shall not unreasonably interfere with or disrupt LESSEE'S business operations at the PREMISES in doing so. 11 . Taxes . LESSOR shall pay all real estate taxes, special assessments, or other real estate related taxes attributable to the PREMISES, and the improvements thereon, during the term of this Lease. 12 . Default by LESSEE; Remedies . Although not exclusive events of default, each of the following events shall, at the option of LESSOR, constitute a default or breach of this Lease, to wit : (a) If LESSEE shall fail to pay LESSOR any rents, when the same shall become due, after written notice of such default has been given to LESSEE, and LESSEE fails to cure such default within seven (7) days after date of receipt of such notice; (b) If LESSEE shall fail to perform or comply with any term or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 - Fe improvements improvements thereon; or if this Lease or the estateOq Jj LESSEE hereunder shall be transferred or assigAWV any other person or party herein . 041.7"+ 02. ' Quop. 13 . In the Event of Default. In the event of any default 0•,J hereunder, LESSOR shall be entitled to invoke any remedy it has, or may have, at law or in equity, as provided under the laws of the State of Nebraska. 14 . Additional Provisions . (a) The invalidity of any provision of thi% Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. (b) Time is of the essence . This Lease contains all the agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may only be modified in writing, signed by the parties in interest at the time of such modification. (c) Subject to any provision hereof,. this Lease shall bind the parties hereto, their successors and assigns . This Lease shall be governed by the laws of the State of Nebraska . (d) Each individual executing this Lease on behalf of LESSOR and LESSEE represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of said entity, and that this Lease is binding upon said entity. (e) Nothing in this Lease Agreement or the relationship between the parties arising out of LESSEE' S use or occupation of the PREMISES shall be deemed to constitute the parties hereto as joint venturers, partners, principal and agent, or employer and employee, with respect to each other. LESSEE and LESSOR shall at all times be deemed to be independent contractors vis-a-vis each other. Each party shall be responsible and liable for its own employees., licensees, fees and expenses with regard to the operation of its respective businesses. IN WITNESS WHEREOF, this Lease has been executed in multiple copies on the date and at the place indicated by each signature, each of which shall for all purposes be deemed an original and all . of , which shall evidence but one agreement between the parties hereto . 4 or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 • described` real estate , to w c. : - - :.; =:D:T_ON ^O T - CITY OF i.T _ � �l O::: 7 .. _ ��.ter� - v A•^- -^"I' � .'�„L ^=ND RECORDED IN DOUGL� COUN� , N�BR.S cTv=._=.J, . P_.-T_...J OF r ABANDONED C:. C�G� ��V�. r T.E- WITH �A^. PARTTHE ?..- NORT H -NORTHWESTERN yO?D _ -0 -*,r1.Yr LOCATED IN SW :./c OF M. , T T SE _/ OF _15N, R12. OF THE COL-N=G , Nssr l_S ( DESCR7EEC FOLLOWS : I-.._NN_NG AS THE N_ CORNER LOT 2 , NORTH 90T _ .-_?.r., A _ _ _ _ -i-r, PLATTED AND RECORDED ED I DOUGLASJ:i�'r.'_V -.:_CN AS Ji1-.�/_ J, n�.-_FT _ ON THE EASTERLY LINE O. ^ NCE SOU— :ST* ' SAID LOT 2 ON A 1915 . 72 FOOT RADIUS CURVE TO THE LEFT, CHORD , 3 EAST, ? DISTANCE . 5n FEET,SEARING SOUTH _. Oi 3 CHORD ,r;LNC._*`TC" THENCE SOUTH ^T T O A 'O:N� OF E - D' ST-vC� OF 3 . �S _ ON T.. =ACTERLv L_NE OF SA7D LO 2 • - 2CCj . 50 FEE_ r 2 ; THENCE Fes: ___ — C^ RNE . OF ' p_ _ _E NOR_. - 0 _- C " 77j...7 MOST _r ' 0v 0C - - -.i T- =N _=.RLINE OF SAID ABANDONED'^ RAILROAD ; THENCE NORTH _. V 0 __ _O =0=E= OF CURVE; N THE �EN-:R_ _NE c A - ` -`v7CN �.:_ROA C.; CENTERLINE - _ C7N =v= SAID ABANDONED�?vCE vOR'_==N:.S j-_ _ •= ERL 'CHORD RAILROAD ON 3E15 . 72 w _5. 7 2?�v ON FOOT RADIUS CURVETO ARC DISTANCE w ET TO PO TNT 5°01 ' �3 " WEST , CHORD D=STANCE 3 . 50 FEET, SEARING NO - - __NT CN •T.^ E- c'r^_c-'.v EXTENSION OF 5 0 r -TF=?T Y T 7NEE OF T'OT 3 rA�n NOR__. i _ _ THENCE .SOUTH THE3 SOL" WEST 100 . 00 FEET ON T.�- SOUTHERLY�.LY LINE OF SAID LOT AND ITS EXTENSION TO THE POINT OF SEGE I . • • • • • • • • • • TNESS WHEREOF, this Lease has been executed in multiple copies on the date and at the place indicated by each signature, each of which shall for all purposes be deemed an original and all . of , which shall evidence but one agreement between the parties hereto . 4 or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 f * . w SSOR . M & S PROPERTIES, L.L.C. By �2 �'/ lL(/�a By/ ' 4-61 y-�- Member r - M er " LESSEE : ARENA SPORTS BAR & GRILL, INC. By_ ' is Sicte-✓+ • 0 r6 0 7 ..... ` � c�S roA 1— \----, I 1 e'ais��Jll%try, �S 0gill)? 6083... u 4v . a ti3 ! e • PLANNING DEPARTMENT REPOR RECEIVED ' DATE: FEBRUARY 11,2011 DUE DATE: F RUA 20 10: 5 2 CITY COUNCIL HRG MARCH 8,2011 CLERKC ASKA LOCATION: 3908 NORTH 90TH STREET M Q �` LEGAL DESCRIPTION: ADDING VOLLEYBALL COURTS AiPPROX. 120' X 100' TO THE EAST APPLICANT: ARENA SPORTS BAR& GRILL,INC. REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: - BAR & GRILL THIS REQUEST DOES(X) DOES NOT 0 I1ERTAIN TO AN OUTSIDE AREA IF SIDEWALK CAFE: R-O-W-LEASE ki/A PERMITS OBTAINED '4/ ' IF OUTSIDE: OUTSIDE AREA IS /WA FEET FR MTHE NEAREST RESIDENCE 7 THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OM HA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) ******************************************************************* ************************************ ANNEXATION DATE: ORDINANCE NO. ( my if wi in la 2 molly) EXIS ING ZONING: F EXITING LAND USE 2 alit A ENT LAN `USE ND ONING: •. N 4 IT L M S'fL l F 1 SO - �� e="FP EA • r ,5 f,2\r-2-- /'( , \ik I.0 a- W T: ljVfl•kun, �htiM2 (5712-1 - PARKING STALLS PRO IDED: 6 f EXISTING USE DOE (1 DOES NOT( )COMPLY WITH N G REFaTIONS PLUMBING FIXTURES PROVIDED: •WOMEN'S U MEN'S l.t'�C' �`tUGt( • i �4' e_1/UA(s DATE SUBJECT PROPERTY WAS POSTED: 2. -2 3 - ( I (Rule#7) . DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: (- -------- DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: O/� (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURL O le— SCHOOL 0 I: HOSPITAL 0 /_....--HOME FO THE AGED.INDIGENT OR VETERANS () V.-----eOLLEGE OR UNIVER ITY 11,72 . 2 . It (Authorized Signature) (Date) D LOT AND ITS EXTENSION TO THE POINT OF SEGE I . • • • • • • • • • • TNESS WHEREOF, this Lease has been executed in multiple copies on the date and at the place indicated by each signature, each of which shall for all purposes be deemed an original and all . of , which shall evidence but one agreement between the parties hereto . 4 or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 ttQp.I €?�a Yoe r J 0 • �-4_ I Li- CO-- .. D X ----C--)) / _ N._ L g'S` .pn q S r O 6 d J i �, J - Q 1 v rtt ^'- ,t0tti.,�Ii'ef4�/ 1 W I oo.rokuvof, -�sl . 7 e_ . * \. -� / OMAHA ,vF o Omaha zebras a • City I7 lAtii IV 1819 Farnam —Suite LC 1 if,40,allirArtAttirel it Omaha, Nebraska 68183-0112 0� 1�� 1 '' �° Buster Brown (402) 444-5550 A V City Clerk FAX (402) 444-5263 oZ41 D PEBRxt.44 February 23, 2011 Arena Sports Bar & Grill, Inc. Application for an addition to your present Class Dba"Arena Sports Bar & Grill" "C" Liquor License location volleyball courts 3908 North 90th Street approx.. 120' x 100' to the east Omaha,NE 68134 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for March 8, 2011 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, ' 440,41„derga Buster Brown City Clerk BJB:clj SCHOOL 0 I: HOSPITAL 0 /_....--HOME FO THE AGED.INDIGENT OR VETERANS () V.-----eOLLEGE OR UNIVER ITY 11,72 . 2 . It (Authorized Signature) (Date) D LOT AND ITS EXTENSION TO THE POINT OF SEGE I . • • • • • • • • • • TNESS WHEREOF, this Lease has been executed in multiple copies on the date and at the place indicated by each signature, each of which shall for all purposes be deemed an original and all . of , which shall evidence but one agreement between the parties hereto . 4 or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 A)CA-1 `�5 m / '/( -as-1/ • NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that ARENA SPORTS BAR & GRILL, INC. DBA "ARENA SPORTS BAR & GRILL" has applied for an ADDITION TO THEIR PRESENT CLASS "C" LIQUOR LICENSE LOCATION [On and Off Sale beer,wine and liquor] TO ADD VOLLEYBALL COURTS APPROX. 120' X 100' TO THE EAST located at 3908 NORTH 90TH STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, MARCH 8, 2011 at 2:00 P.M. in the Legislative Chambers, Omaha/Douglas Civic Center at 1819 Farnam Street. Testimony will be received from interested parties at this meeting. You may submit written testimony to the City Clerk, 1819 Farnam Street, Omaha, NE 68183 prior to the hearing'date. Buster Brown City Clerk REQUESTS FOR SIGN-LANGUAGE INTERPRETERS (SIGNERS), REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, REQUESTS REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. IF YOU NEED ACCOMODATIONS, PLEASE NOTIFY BUSTER BROWN,CITY CLERK,AT 444-5557. L - 1 ommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, ' 440,41„derga Buster Brown City Clerk BJB:clj SCHOOL 0 I: HOSPITAL 0 /_....--HOME FO THE AGED.INDIGENT OR VETERANS () V.-----eOLLEGE OR UNIVER ITY 11,72 . 2 . It (Authorized Signature) (Date) D LOT AND ITS EXTENSION TO THE POINT OF SEGE I . • • • • • • • • • • TNESS WHEREOF, this Lease has been executed in multiple copies on the date and at the place indicated by each signature, each of which shall for all purposes be deemed an original and all . of , which shall evidence but one agreement between the parties hereto . 4 or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 Q < 3 a H A• y 1� C = C. (n (D le a it N' = rt Cr y M. k\ 0. 52 CD o.. 01 a a 41 ak (AA H 0 x - 3 (D A (D C ° Q' a N _ inaco r pn ,* 3rt kF+ c (D PP(II - re n H• a n kN tO a 01 b O CD C CD y d H A \ ►. , 0 0 n CD CD CD E 47, c-I.) 12 !--', ` ; 4 Go Ft,' th--( 1--, \` %., S et (A - O" Cr1 �. tNii O �- O hti �1 C (gyp 0 0 \ \ \ O O d VI CD n vi fD g go 0 to) rta (n* c \ I 1 N C-5ciA to „_ ( \ �: O�� V is am \ ? D \ ' m Cr � 9- V ' flIF 'f C"v\3 )a 0• , 0 2. CD cD (C O C - CD ry ,-s AD \ • 0 7 H ? i -i 0• Z 7 0 lel k , .v &\ r, IF ALTERNATIVE FORMATS ARE NEEDED, REQUESTS REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. IF YOU NEED ACCOMODATIONS, PLEASE NOTIFY BUSTER BROWN,CITY CLERK,AT 444-5557. L - 1 ommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, ' 440,41„derga Buster Brown City Clerk BJB:clj SCHOOL 0 I: HOSPITAL 0 /_....--HOME FO THE AGED.INDIGENT OR VETERANS () V.-----eOLLEGE OR UNIVER ITY 11,72 . 2 . It (Authorized Signature) (Date) D LOT AND ITS EXTENSION TO THE POINT OF SEGE I . • • • • • • • • • • TNESS WHEREOF, this Lease has been executed in multiple copies on the date and at the place indicated by each signature, each of which shall for all purposes be deemed an original and all . of , which shall evidence but one agreement between the parties hereto . 4 or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 Brown, Buster (CCIk) From Julie Dahlhauser <juliedahl@cox.net> Sent: Monday, March 07, 2011 7:37 PM To: City Clerks Subject: Omaha City Clerk:Arena Sports Bar Volleyball Courts Addition This is an enquiry e-mail via http://www.cityofomaha.org/citvclerk/from: Julie Dahlhauser<iuliedahl@cox.net> I own and home and live directly east of the Arena Sports Bar&Grill. I oppose granting them a Class C liquor license to add volleyball courts to the east of their building. If they were to add the courts to the west of their building, I would not object. I have lived in my home for 8 years,and during the summer when I have my windows open,for 8 years, in my home I have heard the music from the bands playing. I have grown okay with the band music for the fact that it is only on Friday and Saturday nights and I don't have to work the next day. If the Arena adds volleyball courts,I'm going to assume they will be used on weeknights. With the music that they will pipe out to the volleyball courts and the noise from people playing,I will be able to hear the noise that comes along with the volleyball courts in my home as well. It will be a nuisance and impact the residential housing directly east. I will prevent us from sleeping when we have to work the next day. Please do not approve the Arena Sports Bar& Grill's request to add volleyball courts to the east. It would be acceptable however to approve a request to add volleyball courts to the west of their building as it will have less impact on the residential housing to the east. Julie Dahlhauser Concering: Liquor 1 ant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, ' 440,41„derga Buster Brown City Clerk BJB:clj SCHOOL 0 I: HOSPITAL 0 /_....--HOME FO THE AGED.INDIGENT OR VETERANS () V.-----eOLLEGE OR UNIVER ITY 11,72 . 2 . It (Authorized Signature) (Date) D LOT AND ITS EXTENSION TO THE POINT OF SEGE I . • • • • • • • • • • TNESS WHEREOF, this Lease has been executed in multiple copies on the date and at the place indicated by each signature, each of which shall for all purposes be deemed an original and all . of , which shall evidence but one agreement between the parties hereto . 4 or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 1 c n .. n a n 00 C) (. P o C C� CD ¢; 00 p C �, Cd C/) N y 09 oo CJ�, r Ro -. U._ ._ o � � .1 0 2. W '..is \ CD O cd 5 0 % co � ,1aa C7 Eli' , o p its 0 CD b ° P °, 0 v rtt ^'- ,t0tti.,�Ii'ef4�/ 1 W I oo.rokuvof, -�sl . 7 e_ . * \. -� / • NEXT MEETING: April 21, 2011 DEADLINE DATE: April 1, 2011 DISPOSITION AGENDA ZONING BOARD OF APPEALS REGULAR MEETING—THURSDAY, MARCH 17, 2011 7TH FLOOR, ROOM 702 CIVIC CENTER- 1819 FARNAM STREET OMAHA, NEBRASKA MINUTES APPROVED: February 17, 2011 LAYOVER CASES: 1. Case No. 11-004 REQUEST: Waiver of Section 55-843 - Variance to the Omaha Neon Sign Co. allowed height of a pole sign from 35'to 60' (Over from 1/20/11, 2/17/11) LOCATION: 14540 Grover Street 1120 N 18 Street ZONE: GI Omaha, NE 68102 ACTION: DENIED. Motion to approve failed 1-4. 2. Case No. 11-007 REQUEST: Waiver of Section 55-126 — Variance to the Sullivan Homes rear yard setback from 35' to 30' 16' to (Over from 1/20/11, 2/17/11) allow construction of an 18' X 10' addition 333 S 93 Street with a covered deck Omaha, NE 68114 LOCATION: 610 Loveland Drive ZONE: R1 ACTION: APPROVED 5-0. Approved subject to the building materials matching the existing structure. 3. Case No. 11-011 REQUEST: Waiver of Section 55-715, 55-735 & 55-740 Douglas County School District — Variance to the minimum depth of street (Over from 2/17/11) yard landscaping from 15' to 0', to the 3215 Cuming Street perimeter parking lot landscaping from 10' Omaha, NE 68131 to 0' and to allow a parking lot without curbs, protective bumpers, wheel stops or other devices to protect landscaping and to allow parking for a non-residential use in a residential district in the required front or street side yard setback LOCATION: 5610 S 42 Street ZONE: HI (R4-Pending) ACTION: APPROVED 5-0. Approved in accordance with the plans submitted. SCHOOL 0 I: HOSPITAL 0 /_....--HOME FO THE AGED.INDIGENT OR VETERANS () V.-----eOLLEGE OR UNIVER ITY 11,72 . 2 . It (Authorized Signature) (Date) D LOT AND ITS EXTENSION TO THE POINT OF SEGE I . • • • • • • • • • • TNESS WHEREOF, this Lease has been executed in multiple copies on the date and at the place indicated by each signature, each of which shall for all purposes be deemed an original and all . of , which shall evidence but one agreement between the parties hereto . 4 or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 ZONING BOARD OF APPEALS Disposition Agenda - March 17, 2011 • Page 2 NEW CASES: • 4. Case No. 11-014 REQUEST: Waiver of Section 55-830 — Variance to Roncalli High School allow an electronic message sign not Attn: Jeff Dempsey permitted in the R2 District and to the 6401 Sorensen Parkway maximum area and height for a monument Omaha, NE 68152 sign from 25 sq. ft. to 47 sq. ft., and from 6' tall to 9' tall, and to the maximum sign budget from 32 sq. ft. to 61 sq. ft. LOCATION: 6401 Sorensen Parkway ZONE: R2 ACTION: APPROVED 5-0. Approved in accordance with the plans submitted. 5. Case No. 11-015 REQUEST: Waiver of Section 55-166 — Variance to the Jay Slagle allowed impervious coverage from 45% to 317 S 52 Street 50% to allow the construction of an 8 X 20 Omaha, NE 68132 garage addition and 259 sq. ft. driveway expansion LOCATION: 317 S 52 Street ZONE: R3 ACTION: APPROVED 5-0. 6. Case No. 11-016 REQUEST: Waiver of Section 55-326 — Variance to the Jim Carroll maximum height in a GO District that is 5074 S 107 Street within 100' of an R5(35) District from 45' to Omaha, NE 68104 50' for a free-standing lattice broadcast LOCATION: tower 13326 A Street ZONE: GO ACTION: WITHDRAWN 5-0. 7. Case No. 11-017 REQUEST: Waiver of Section 55-716 & 55-740F — Westport Commercial LLP & Variance to the perimeter parking lot Brookestone Village, Inc. landscaping from 10' to 0' and to the 10250 Regency Circle, #300 bufferyard between CC& R6 from 30'to 0' Omaha, NE 68114 LOCATION: 4150 South 144 Street ZONE: R6-FF (CC pending) ACTION: APPROVED 4-0 with one abstension. 8. Case No. 11-018 REQUEST: Waiver of Section 55-740(f)(4)—Variance to Urban Village the perimeter parking lot landscaping from Attn: Jerry Reimer 10' to 0' to allow construction of a 13-stall 4880 S 131 Street, #2 parking lot for a new apartment building Omaha, NE 68137 LOCATION: 518, 522 &526 S 30 Street ZONE: R8 ACTION: APPROVED 5-0. ltiple copies on the date and at the place indicated by each signature, each of which shall for all purposes be deemed an original and all . of , which shall evidence but one agreement between the parties hereto . 4 or condition of this Lease, including but not limited to, the provisions concerning the maintenance of insurance, improvements or repairs, or payment of taxes, or shall commit any breach of LESSEE'S obligation hereunder; or if LESSEE shall vacate or abandon the real estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 ZONING BOARD OF APPEALS Disposition Agenda - March 17, 2011 Page 3 9. Case No. 11-019 REQUEST: Waiver of Section 55-363 & 55-716 - Arena Sports Bar&Grill Variance to the use regulations of the CC Attn: Brian Wragge District to allow outdoor sports and 3809 N 90 Street recreation and to the required bufferyard Omaha, NE 68134 between CC and DR from 30'toe! 15' LOCATION: 3809 N 90 Street ZONE: CC ACTION: APPROVED 5-0. Approve waiver request for use and bufferyard setback in accordance with the plans submitted with the following conditions: 1) install an 8-inch high, C-shaped (all of the east side, half north and half south sides) solid fence; 2) light poles and speakers to be placed on the east side and facing toward the building; 3) the lighting on the building be designed so that there is no light spillage out to the adjacent property; 4) no live music outside; 5) no recorded music or speaker music after 10:30 pm outside; and 6) and volleyball dates to run from April 15 to October 15. 10. Case No. 11-020 REQUEST: Waiver of Section 55-786 - Variance to the Concordia Academy School residential fence regulations to allow an 8' Attn: Andy Groothuis chain link fence surrounding a playground 3504 S 108 Street area Omaha, NE 68144 LOCATION: 1821 N 90 Street ZONE: R2 ACTION: DENIED. Motion to approve failed 2-3. 11. Case No. 11-021 REQUEST: Waiver of Section 55-740 - Variance to the Creighton University hard surfacing requirements and perimeter Attn: Lennis D. Pederson landscaping for a temporary gravel parking 2500 California Plaza lot Omaha, NE 68178 LOCATION: 613 N 17 Street ZONE: DS ACI-1(PL) ACTION: APPROVED 5-0. Approved motion to allow the gravel parking lot until October 1, 2011. 12. Case No. 11-022 REQUEST: Waiver of Section 55-782(b)(6) - Variance Shawn Spencer to maximum size for an accessory building 10224 V Street in a residential district from 750 sq. ft. to Omaha, NE 68127 1,464 sq. ft. by adding a 35' X 24' addition to an existing detached garage LOCATION: 10224 V Street ZONE: R3 ACTION: APPROVED 5-0. Approved in accordance with the plans submitted. 13. Case No. 11-023 REQUEST: Waiver of Section 55-126 & 55-715 - Neil Willer Variance to the minimum street yard depth 10035 N 29 Avenue from 30' to 12.6' and to the front yard Omaha, NE 68112 setback from 50' to 37' to erect a 30' X 60' detached garage LOCATION: 10035 N 29 Avenue ZONE: R1-ED ACTION: APPROVED 5-0. Approved in accordance with the plans submitted subject to using similar materials to match the existing structure. estate or the 3 results' or z is claimed to have resulted from an act omission On the.:part of LESSEE or LESSEE ' S contractors, patrons, patients, agents . or employees . LESSEE shall further indemnify LESSOR against all claims and liabilities of every kind, or by or on behalf of any person or 2 l .`-. N, o n r N p � " ¢ N : n o N Atil f) 7. • IN) O d ` y VD Q Zi tn AD 0 ' „ CD 6..0 1.1• flu ! '..is \ CD O cd 5 0 % co � ,1aa C7 Eli' , o p its 0 CD b ° P °, 0 v rtt ^'- ,t0tti.,�Ii'ef4�/ 1 W I oo.rokuvof, -�sl . 7 e_ . * \. -� /