RES 2009-0598 - Amend approval for sidewalk cafe at Kurt & Clyde's to instead include beer garden O OTAAHA,ryF�
RECEIVE Law Department
a Omaha/Douglas Civic Center
1��'f 'I�� `� 1819 Famam Street,Suite 804
o 09 JU�� -2 AM i0� l 'i
Omaha,Nebraska 68183-0804
°oA Omaha, (402)444-5115
4TFo FESR‘r CITY C L Ew F c Telefax(402)444-5125
City of Omaha O M A H A, N E B R L S K A Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council,
The attached Resolution is prepared at the request of the City Clerk.
The Resolution amends an approval previously granted by this Council to a liquor licensee. ANS,
Inc, dba"Kurt&Clyde's"at 2202 South 13th Street,previously applied for approval of a sidewalk
café on the sidewalk outside its business. After that approval was granted,the licensee determined
that the area would not qualify as a sidewalk café because food would not be served outside. The
licensee has asked that the area, instead, be identified as a beer garden.
In addition, the Resolution recommends that the Nebraska Liquor Control Commission waive the
fence required at a beer garden and,instead,allow the area to be surrounded with the fence required
at a sidewalk café. A beer garden generally must have a fence tall enough and solid enough to
prevent alcohol from being passed through or over the fence. A sidewalk café may have a railing or
similar low border that just outlines the licensed area. The Commission may approve this change in
the fencing when it is requested by the City Council. In similar situations where the outdoor area is
on a sidewalk several waivers have been requested and granted in Omaha due to problems a tall
fence on a sidewalk creates for pedestrian safety and esthetics.
Respe fully submitted,
N4Q4
homas O. Mumgaar Date
Deputy City Attorney
• 3
P\LAW-CITY COUNCIL DOCUMENTS\2009\40005kam
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t/photography studios, research and
development users, trade school or vocational school with an emphasis on non-profits
and human service agencies.
The building's interior layout is designed for economy, function, flexibility. The
aesthetics are remnant of Old Market architecture and will feature open ceilings with
exposed large steel & wooden beams,tongue& groove roof decking& old original
outlooks & skylights. As illustrated in the Exhibit"A", interior layout provides for
excellent efficiency of space, safe ingress and egress, and flexible building space layout.
The Cumming Street Corridor and Saddle Creek Re-alignment Corridor should contribute
to the long range sustainability for an office/warehouse building with the features offered
by the Omar Baking Company Building.
Our surveys of need and available space'in the midtown area indicate a void in the supply
side of affordable and functional office space with off-street parking and secure, managed
storage space. The employee and employer base is high on the service side with a
healthy contingent support of retail and moderate-priced housing. Both Creighton and
UNMC medical centers generate opportunities for employment and for off-site use and
support services. The general demographics of the Midtown area are progressive in its
vision and have a stable base for healthy growth. As for the Omar Baking Company
Building it is positioned in a strategic location between the two medical centers and just
off Cuming Street, a corridor which has great promise as a primary connector and arterial
from Midtown area to the `Node', Creighton and Qwest Center Omaha. Along with
location, the other key components that make the Omar Building an attractive target for
business and non-profits to locate or re-locate is the combination of economy, easy
access, function and working environment.
C' 1 State Zip
n Email Address: ,/�S(R tJ� de,99(( d,oA)j
Cty State Zip
Email Address: _of 4n u �G V r9 Loy, ^e
comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance or PBE/DBE Listings should be directed to the Human Relations Department at 402-444-5055. r
(Please Print Legibly or Type) Firm I h .1/ WEST T tell) Incorporate 'n ,(/E fSIY+h
(State)
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Street/P.O.Box ))�/�,�),,, ��City State Zip
E-Mail Address 7/t'1 f -C.P6 r1i Va !C1/1
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DEAR CITY COUNCIL MEMBERS,
i s .Z
t
I AM WRITING YOU TO REQUEST AN ,
.
AMENDMENT TO OUR PREVIOUSLY APPROVED
SIDEWALK' CAFÉ TO A BEER GARDEN AND TO
WAIVE THE BEER GARDEN FENCING
REQUIREA5ENT FROM 6' TO 4. A 6 FOOT FENCE
WOULD DISTRACT FROM THE AESTHETICS OF THE
AREA. WE DO NOT SERVE FOOT AND DO NOT
PLAN ON EVER SERVING FOOD.
As
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ablo 50 /3 ' 5fMe
THANK YOU,
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BARBARA GRUM
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• REQUEST TO LAW
21419 ;,W 21 P:t 3' 52 LAW DEPARTMENT USE ONLY:
LOG BOOK # 80-09 = CLERK
TO: Paul Kratz, City Attorney DATE ASSIGNED 05/21/09
DATE: May 21, 2009 ASSIGNED TO f+'f k.•.f ..-
DATE ANSWERED (4 1/Cd
WITHDRAWN
REQUEST BEING MADE BY:
_Sandra L. Moses (1W City Clerk 5552
(NAME) (DEPARTMENT) (PHONE)
TIME LINE: June 10, 2009
12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT
REQUEST FOR: Resolution for amendment and fence waiver
(State Specifically What You Are Requesting)
DETAILS:
Please prepare a Resolution to amend the previously approved sidewalk
café, approved by City Council on November 4, 2009, for ANS, Inc.,
dba "Kurt & Clydes", 2202 South 13th Street to a beer garden and waive
the beer garden fencing requirements.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
REVISED: 01/02/92
see has asked that the area, instead, be identified as a beer garden.
In addition, the Resolution recommends that the Nebraska Liquor Control Commission waive the
fence required at a beer garden and,instead,allow the area to be surrounded with the fence required
at a sidewalk café. A beer garden generally must have a fence tall enough and solid enough to
prevent alcohol from being passed through or over the fence. A sidewalk café may have a railing or
similar low border that just outlines the licensed area. The Commission may approve this change in
the fencing when it is requested by the City Council. In similar situations where the outdoor area is
on a sidewalk several waivers have been requested and granted in Omaha due to problems a tall
fence on a sidewalk creates for pedestrian safety and esthetics.
Respe fully submitted,
N4Q4
homas O. Mumgaar Date
Deputy City Attorney
• 3
P\LAW-CITY COUNCIL DOCUMENTS\2009\40005kam
$ J / / 1
Jl 4.6•tia 2��$' .8: /�/�N
gT£OF NC¢`k. }, No : �rNrici, : ,.in T as ounty,
��,_ Stat• of Nebraska
t/photography studios, research and
development users, trade school or vocational school with an emphasis on non-profits
and human service agencies.
The building's interior layout is designed for economy, function, flexibility. The
aesthetics are remnant of Old Market architecture and will feature open ceilings with
exposed large steel & wooden beams,tongue& groove roof decking& old original
outlooks & skylights. As illustrated in the Exhibit"A", interior layout provides for
excellent efficiency of space, safe ingress and egress, and flexible building space layout.
The Cumming Street Corridor and Saddle Creek Re-alignment Corridor should contribute
to the long range sustainability for an office/warehouse building with the features offered
by the Omar Baking Company Building.
Our surveys of need and available space'in the midtown area indicate a void in the supply
side of affordable and functional office space with off-street parking and secure, managed
storage space. The employee and employer base is high on the service side with a
healthy contingent support of retail and moderate-priced housing. Both Creighton and
UNMC medical centers generate opportunities for employment and for off-site use and
support services. The general demographics of the Midtown area are progressive in its
vision and have a stable base for healthy growth. As for the Omar Baking Company
Building it is positioned in a strategic location between the two medical centers and just
off Cuming Street, a corridor which has great promise as a primary connector and arterial
from Midtown area to the `Node', Creighton and Qwest Center Omaha. Along with
location, the other key components that make the Omar Building an attractive target for
business and non-profits to locate or re-locate is the combination of economy, easy
access, function and working environment.
C' 1 State Zip
n Email Address: ,/�S(R tJ� de,99(( d,oA)j
Cty State Zip
Email Address: _of 4n u �G V r9 Loy, ^e
comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance or PBE/DBE Listings should be directed to the Human Relations Department at 402-444-5055. r
(Please Print Legibly or Type) Firm I h .1/ WEST T tell) Incorporate 'n ,(/E fSIY+h
(State)
Name &d/t A'S cJ. G&lud o Signature �/
Title Pi ty fli Phone 0 2-3/ f537 Fax qoZ 3/s- Q%/'(
Address Zellt /1 VP sr am NL 6Z 2-
Street/P.O.Box ))�/�,�),,, ��City State Zip
E-Mail Address 7/t'1 f -C.P6 r1i Va !C1/1
( C N p
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, ANS, Inc., holds a retail liquor license and does business as "Kurt&
Clyde's"at 2202 South 13th Street; and,
WHEREAS, on November 4, 2008,the City Council approved an expansion of the
licensed premises at that address to include an outdoor area operated as a sidewalk café,as that term
is defined in Nebraska Liquor Control Commission regulations; and,
WHEREAS,ANS,Inc.,has notified the City Council that the additional outdoor area
will not qualify as a sidewalk café under those regulations but will, instead be operated as a beer
garden, as that term is defined in the regulations, and has asked that the Council approve the beer
garden and request the Liquor Control Commission to allow a sidewalk café fence surrounding the
area in lieu of the fence required of beer gardens; and,
WHEREAS,this City Council has determined that the request should be granted.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the previously granted approval for the licensed premises of ANS,Inc.,dba
"Kurt& Clyde's"at 2202 South 13th Street, to include a sidewalk café is hereby amended to grant
approval for the licensed premises to, instead, include a beer garden in the outdoor area previously
identified and that the Nebraska Liquor Control Commission is requested to waive the beer garden
fence requirement for this outdoor seating area and replace that requirement with the sidewalk café
fence requirement.
APPRO AS TO FORM:
6 -1-0,
EPUTY CI Y ATTO Date
P\LAW-CITY COUNCIL DOCUMENTS\2009\40006kam
By
(2' ember
Adopted J N..-..9.. i , 4 O -/
- _ Cit Clerk`AA/
Approved
Mayor
torney
• 3
P\LAW-CITY COUNCIL DOCUMENTS\2009\40005kam
$ J / / 1
Jl 4.6•tia 2��$' .8: /�/�N
gT£OF NC¢`k. }, No : �rNrici, : ,.in T as ounty,
��,_ Stat• of Nebraska
t/photography studios, research and
development users, trade school or vocational school with an emphasis on non-profits
and human service agencies.
The building's interior layout is designed for economy, function, flexibility. The
aesthetics are remnant of Old Market architecture and will feature open ceilings with
exposed large steel & wooden beams,tongue& groove roof decking& old original
outlooks & skylights. As illustrated in the Exhibit"A", interior layout provides for
excellent efficiency of space, safe ingress and egress, and flexible building space layout.
The Cumming Street Corridor and Saddle Creek Re-alignment Corridor should contribute
to the long range sustainability for an office/warehouse building with the features offered
by the Omar Baking Company Building.
Our surveys of need and available space'in the midtown area indicate a void in the supply
side of affordable and functional office space with off-street parking and secure, managed
storage space. The employee and employer base is high on the service side with a
healthy contingent support of retail and moderate-priced housing. Both Creighton and
UNMC medical centers generate opportunities for employment and for off-site use and
support services. The general demographics of the Midtown area are progressive in its
vision and have a stable base for healthy growth. As for the Omar Baking Company
Building it is positioned in a strategic location between the two medical centers and just
off Cuming Street, a corridor which has great promise as a primary connector and arterial
from Midtown area to the `Node', Creighton and Qwest Center Omaha. Along with
location, the other key components that make the Omar Building an attractive target for
business and non-profits to locate or re-locate is the combination of economy, easy
access, function and working environment.
C' 1 State Zip
n Email Address: ,/�S(R tJ� de,99(( d,oA)j
Cty State Zip
Email Address: _of 4n u �G V r9 Loy, ^e
comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance or PBE/DBE Listings should be directed to the Human Relations Department at 402-444-5055. r
(Please Print Legibly or Type) Firm I h .1/ WEST T tell) Incorporate 'n ,(/E fSIY+h
(State)
Name &d/t A'S cJ. G&lud o Signature �/
Title Pi ty fli Phone 0 2-3/ f537 Fax qoZ 3/s- Q%/'(
Address Zellt /1 VP sr am NL 6Z 2-
Street/P.O.Box ))�/�,�),,, ��City State Zip
E-Mail Address 7/t'1 f -C.P6 r1i Va !C1/1
( C N p
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