RES 2008-0031 - Package liq lic to B&K Petroleum Corp rc sa" CITY OF OI IAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BYT THE CITY COUNICL OF THE CITY OF OMAHA:
THAT, in accordance with the provisions of the Nebraska Liquor Control Act, as
amended, after a hearing held within 45 days after receiving notice and a copy of the license
application and upon due consideration of all standards and criteria provided by law, this
Council hereby recommends that the following application for a Package Liquor License
be denied.
B & K Petroleum Corp., 5188 Leavenworth Street.
That,the cost of publication of notice of the hearing was $26.00.
January 8, 2008 - Resolution No. 31 - Motion by Vokal to DENY based on the attached
"Reason for Denial" Statement..
Seconded by Brown. LOST 3-4
VO
..
By
Councilmember
Adopted
J m 8 Al;
p jg p U °yCity Clerk
Approved
Mayor
with the license.
"REASON FOR DENIAL"
STATEMENT
January 8, 2008
Agenda Item No. 26
Resolution No. 31
PACKAGE - B & K Petroleum Corp., 5188 Leavenworth Street. New application, old
location. Present licensee is Kum & Go, LC, dba "Kum & Go #356", 5188 Leavenworth
Street
Deny because the applicant is not fit, willing and able to properly provide the service, the
applicant cannot conform to all the provisions and requirements of the laws, rules, and
regulations, and the issuance of the license is not required by the present or future public
convenience and necessity. Considerations supporting the denial include, but are not
limited to, citizen protests, the nature of the neighborhood and community, the existence
of other licenses in the area which would result in an undue concentration of licenses and
require additional law enforcement, the sanitary conditions on or about the premises, and
the type of business to be conducted with the license.
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ules, and
regulations, and the issuance of the license is not required by the present or future public
convenience and necessity. Considerations supporting the denial include, but are not
limited to, citizen protests, the nature of the neighborhood and community, the existence
of other licenses in the area which would result in an undue concentration of licenses and
require additional law enforcement, the sanitary conditions on or about the premises, and
the type of business to be conducted with the license.
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BYT THE CITY COUNICL OF THE CITY OF OMAHA:
THAT, in accordance with the provisions of the Nebraska Liquor Control Act, as
amended, after a hearing held within 45 days after receiving notice and a copy of the license
application and upon due consideration of all standards and criteria provided by law, this
Council hereby recommends that the following application for a Package Liquor License
be granted.
B & K Petroleum Corp., 5188 Leavenworth Street.
That,the cost of publication of notice of the hearing was $26.00.
January 8, 2008 -Resolution No. 31 - Motion by Vokal to deny based on citizen's protest.
Seconded by Brown. LOST 3-4
Motion to adopt. Carried 4-3.
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B
- ' ouncilmember
JAN''.1 -8 2007 - 4A-3
Adopted
•
0,071d/a- Cir /IZI-Ad /-/67-6)1v
D
, tpvt _ %--" City Clerk
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Approved. k. - .
ayor
N 60'36'45' W, 242.05 ft.; thence N
59'13'28" W, 104.49 ft.; thence N
59'20'52" W, 418.84 ft.; thence N J.BOYD
56'39'06" W, 256.76 ft.; thence N
02'27'59"W,84.40 ft.to the south right of being duly sworn,deposes and says that she is
way line of Frederick Street; thence on
said south right of way line for the next LEGAL EDITOR
six courses: 1) easterly on a 495.00 ft.
radiushodcurve to the right, 45.894 . ft. (long2) of THE DAILY of Omaha, a le al newspaper, rinted and
chord bears S 51'58'S0" E, 45.87 ft.); 2) RECORD, g' P
southeasterly on a 643.51 ft. radius curve published daily in the English language, having a bona fide paid
to the left, 484.06 ft. (long chord bears S
70'57'48"E, 472.73 ft.); 3)N 87'29'05" E, circulation in Douglas County in excess of 300 copies, printed in
471.76 ft.; 4) easterly on a 340.00 ft. Omaha,in said County of Douglas,for more than fifty-two weeks last
radius curve to the left, 193.27 ft. (long
chord bears N 71o11'53" E, 190.68 ft.); 5) past; that the printed notice hereto attached was published in THE
easterly on a 260.00 ft.radius curve to the
right, 128.93 ft (long chord bears N DAILY RECORD,of Omaha,on
69'18'11" E, 127.61 ft.); 6) southeasterly
on a 45.00 ft. radius curve to the right, ( January 11 , 2008
31.08 ft. (long chord bears S 41'37'28" E,
30.46 ft.)to the west right of way line of
84th Street;thence S 02'27'07" E, 384.51
ft. on said west right of way line to the
point of beginning,containing 7.74 acres
more or less.
Said Preliminary Plat is located southwest That said Newspaper during that time was regularly published and
of 84th and Frederick Streets. Said in ge , - elation in the County of D ugl "d State of Nebraska.
Preliminary Plat will be presented to the City ajt, \\
Council'of the City of Omaha, in the MOSHER 'VI,
Legislative Chambers, Omaha/Douglas Civic ,�•.2.....L
Center,January 29,2008,at 2:00 p.m. for .:•' � • Subscribed in -presence and sworn to before
final consideration and approval. Q- . •'•„
BUSTER BROWN, SS__• (,N-' l
City Clerk Fu lishNr�'/AtrjC� $j 3 . 30 me this 11 th ay of
1-11-08 \v�\,,.) .co
Ayd}litiv ,rF' $' �8
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Totall i
MAY •�� Not li n a>iil uglas
STATE OE State of Nebraska
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FINAL .1 jej LILL, Lamp, Rynearson & Associates, Inc. www.I.RA-INc.coNi , . 1 0 1 a - 11- "1 MINOR 1710\VuhlOodgcRoad,ritiiielIM . (PI) W2196.2198
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OMAHA, DOUGLAS COUNTY, NEBRASKA
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statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals,were not
reached.
e. Advertisement in general circulation media, trade association publications, and protected-focus media for a reasonable period
before bids are due;
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regulations, and the issuance of the license is not required by the present or future public
convenience and necessity. Considerations supporting the denial include, but are not
limited to, citizen protests, the nature of the neighborhood and community, the existence
of other licenses in the area which would result in an undue concentration of licenses and
require additional law enforcement, the sanitary conditions on or about the premises, and
the type of business to be conducted with the license.
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(14
„ ; �' , January 4, 2008
;1 rich past,an exciting future'
Members of the City Council,
Board of Directors
President:
Jason A. Smith Reference to City Council Items 23,24,25,26,28,29 & 30;
Vice President:
John Synowiecki for January 8,2008
Secretary:
Gus Palmer We were contacted today by an allied group of neighborhood
Treasurer:
Garry Gernandt associations(via Jan.Quinley)who asked us to join them in opposing these nine
Director: (9)liquor license applications. The Deer Park neighborhood shares with this
Gerri Duda
group,the desire to protect its residential community and continue its trend of
Director:
Howard Hanson positive advancement.
Director: While we feel a strong kinship with our fellow neighborhood groups and
Kay Novacek
support this coalition's efforts to work on alcohol related problems in Omaha,
we recognize that certain store locations may be more challenging than
others.And while we stand ready, at all times,to join with our organizational
peers to hold all alcohol selling businesses accountable for wrong actions, at this
time,we feel that different approaches may be more successful at building
community-business relations.
Highest Regards,
President,Deer Park Neighborhood Association(DPNA)
Jason A. Smith.
CC: Buster Brown, City of Omaha
Jan Quinley,Ford Birthsite Neighborhood
DPNA Board of Directors
2 011 S. 12'Street Omahas NE 68108. 402 9 1 7 51 74• mrw.DieerParktia.olg
Page l of 1
Brown, Buster (CCIk)
From: Jason A. Smith [jsmith3380@cox.net]
Sent: Friday, January 04, 2008 2:35 PM
To: Sigerson, Chuck (CCou); Thompson, Franklin (CCou); Welch, Dan (CCou); Gernandt, Garry
(CCou); Vokal, Jim (CCou); Brown, Frank(CCou); Suttle, James (CCou); Brown, Buster(CCIk)
Cc: Jan Quinley; Gus Palmer; Gerri Duda; Garry Gernandt; John Synowiecki
Subject: Liquor License Items, for 01-08-08
Mr. Buster Brown: Please attach this to the record if possible. Thank you.
City Council Members,
Please see the attached brief letter on behalf of the Deer Park Neighborhood Association.
We were asked as an organization to oppose nine (9) liquor licenses.
Our seven (7) member Board of Directors voted:
3 Yea, 3 Nay, 1 Abstaining
Thank you,
Jason A. Smith, President
Deer Park Neighborhood Assoc.
(402) 917-5174
jsmith3380@cox.net
www.DeerParkNA.org
www.SaveRosenblatt.com
1/4/2008
gnize that certain store locations may be more challenging than
others.And while we stand ready, at all times,to join with our organizational
peers to hold all alcohol selling businesses accountable for wrong actions, at this
time,we feel that different approaches may be more successful at building
community-business relations.
Highest Regards,
President,Deer Park Neighborhood Association(DPNA)
Jason A. Smith.
CC: Buster Brown, City of Omaha
Jan Quinley,Ford Birthsite Neighborhood
DPNA Board of Directors
2 011 S. 12'Street Omahas NE 68108. 402 9 1 7 51 74• mrw.DieerParktia.olg
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