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RES 2004-0567 - SUP to allow group care facility in CC district at 101 N 39th St (not adopted) 5, extoLt t ", I( Pq l 00 cl Omaha City Planning Department For Office Up Onl APPLICATION Date Filed / / (I 1&.1 Fee$ .S G -(1 C ZONING Receipt# f(-- t--0 Case# ( ) Rezoning from to ( ) Conditional Use Permit (X) Special Use Permit ( ) Site Plan Review ( ) Other 1 Property Owner New fil°pe Fellowl,.ip "3 ow? S. 4't'6" Ave. (,S[0!G SS3-7363, (Name) (Address) (Zip) (Phone) 444- 762,5 Applicant ��t 'l MYatic'ster Same 7o--4lzz (Name) (Address) (Zip) (Phone-day time) Representative Wa 1kI F(4-lle'tLasP 4 Doyle 4 Y0.46"n (Firm Name) (Address) (Zip) (Phone) Contact Person 1-611,n C."-tl2nkct-ntp General Location/Address ( ° I. N . - Sfre,e_-1- Legal Description Lots I4-; I ' j /(o ar' scenf Park. A etc(rf r'6•1 Proposed use type &M? C.,ttre- F (i lY Existing Use De519h F3us;'tess/1 es fde"- 4/ (See Article 3 of zoning code) Building and Parking Information Landscaping Information a. Total site area 1!o,3c16 sq. ft. j. Total area of street yard 3000 sq.ft. b. Building coverage 3 0 4-7 sq.ft. k. Street yard landscaped area 3600 sq.ft. ' c. Building coverage (b-a) • 10 5$3S % I. Street yard landscaped area (k+j) /00 0/0 d. Maximum building height 3 , ft. m. Parking lot area 38Z2 sq.ft. e. Total floor area a bove 5racle 4 S set- sq.ft. n. Interior parking lot landscaping Zo sq.ft. f. Floor Area Ratio (e_a) •2 R,4' o. Interior lot landscaping (n-m) •00 52 g. Total paved area 40 Z sq. ft. Residential Uses Only h. Impervious coverage (b+g_a) •0`131? % p. Number of units i. Number of parking stalls for multi-family:#of efficienciesot Q0°`''� T of-4 / Number of compact stalls NA- Do`i�ry #$beds z s = lb 2 0 Number of handicapped stalls I s e4r'o') S 11 #t beds 3 2. = 1£ /3¢d.5 #1 bedweeas 4 1 = `/ q. Density (a_p) NA unit r. Total floor area of any incidental 2o ice •r commercial use SO sq.ft. If you have any questions about this application form, please contact the Current Planning Division at 444-5200. q - -t ) 1 Owner's Signature Owner/Applicant Signature (If not the property owner,the applicant certifies with this signature to be the authorized agent of the property owner.) ! — !2-- 0 4— 141A1ee.,.M ma's l lrster- New tfop€Fe((o h; Date Submitted (Print or Type name of Applicant) (1/98) ,2/04 08:45 KATHLEEN MCCALLISTER 4 402 444 6140 /� / N0.012 D02 q• Lk Lana siesat�IeY1:1 s / "A tit ASS; t Otra� uM^•44%.41 welt AS cliff 37 AM i d3 rwc°i'Z;a.3 pa, �; o f `! ,An ra%Arne t LjscotiQAitgalaiu.rt NAME: Illew Hope Fellowahlp AODReSS: 101 North 39th Street aIg611o..Do.,gleq County i LECAL.I t.ula H.is sled 14.Owl hesi.,slsa al Ow Tlo„1..eef torn°,or I,ot 161 man..adert ( 3.1S IeCt:fhgnee Noes 7 1/� foot Iran°°W ,l 1=3•1s feel'libelist Ileum 7 1/2 C°al,w nil veins q!b • Clty of 000o•u,u.9ue,.eped,pinaud a,.d.ce..,Jo2en(tents. ssinnin C►saeenr reek.sq Additto..to the Al .tytss Cnuelti,Noy/itaha. .a eaer '7 e...,/ 2 • 11i \., L "'- ..... ,.� its' .,1 oriC , 'i ,`,,/ @� l/ • tit l -" " • r • ate . L \ I I kh %...)... .,� I 1. 6`� et). h. .. •//ei.5-.. _._......J._.,.._... ..... ,.. .7.,,�.5' ._.._,J.._ 1-1. .zS f //CeD' OG ;e4- DATE: January 12.2000 FOOT.de; 1, 1h4 Report Is o r•pPesentutiou of the conditions that were found at the limo of Um improvement location survey Ind that eho document dace not constitute a boundary sorvoy and Is subject to any Ineecu,aeles that e subbegllent boundary survey may disclose. This Report should toot be used to ostabllsh any fence. ateooture. er caber Improvoenene/. This Report shows tncasoramonts.tPmt lire bused on 'lilt or aloud inlormatioa and voritlec 9c shown ono eels &sport repro/wilcoonly visible Cosugpotly Po°el Number building improvel.+entP• 9157i100300 2. Setback and Siaoyard moa irsments See within 04 ft,a 3. No Flood Plato Influence out Wis lot, hop weeis,M February eI tit' 90650 0-8 ?ark.inj SpAceS . E 1t,rf '/f`I y 3 The applicant desires to convert an existing commercial business interior design n_ office/personal residence to-reSidential who would reside in the home for women's six to twelve months home f during-which time hich the or up to twenty n women would receive on site counseling for drug and alcohol dependency issues and improve life skills while working and paying rent in the residence. - The home would employ state licensed and certified mental health and drug counselors (Certified Drug &Alcohol Counselor-CDAC, Certified Provisional Drug &Alcohol Counselor-CPDAC, Licensed Mental Health Professional-LMHP) who would provide individual and group counseling sessions from 8:00 a.m. to approximately 8:00 p.m. The facility will be a home to the women and thus will be in use as a home 24 hours a day 7 days a week with normal living activities occurring in the home. A staff member will be on site at all times 24/7 to oversee the activities in the home. There will be no alcohol or drug detoxification done in this home, and all residents must provide certified proof of sobriety upon entrance into the home following rigorous pre-screening. The women living in the home will be employed and paying rent to the applicant during their 6-month to 1-year stay in the home. There will be no visitors allowed in the home during the workweek, as the women living in the home will have in-house counseling programs to attend in the evenings. Limited family visits will be allowed for women on the weekends only, and those will be scheduled for drop off and pick up during very limited hours and only for a few women at a time as specified by the program counselors. The opening of this home will alleviate some of the seriously long waits for residential programs of this nature as identified by Region VI and Douglas County Drug Court (a minimum of 35 beds are needed daily in excess of availability with up to a 6 month waiting period). Women will be referred to the home through local agencies and through Region VI, Douglas County Drug Court and will be available to the public. The building as it exists provides eight bedrooms and six bathrooms and will easily accommodate the applicant's needs. I The women residingliving in the home will not while in the home be allowed wed to drive their own vehicles and will use public transportation only. The only requirements for parking will be those for the four staff alone. The site provides a 3-car garage and parking for seven additional vehicles comfortably. There will be an annual summer picnic to which family, friends and neighbors will be invited, and at which all staff and board members will be present. egh, VI I . . . i Vo-, 11 • • ..., _... .._. . __ • ( .,,,,miliamwl. !qr.,. ‘ ., , • . . . . • ................ ...- \ . _ . ._ .. A fr. .. • i•C_• • .• . I '' =' . • . •. -it,••'II, .. rj ri..„___.. : ,----.—-- - ________, ., . •.-.6:-... ..,., . - • •‘, - .6.• ' 1 i • .-'1 . ' . , . ._ . -. - .:',14r0:, ,,..10. --- ,•./ 11 - ' - _ k. . -' - .r—c_:::v..,1.4 1 I ',' ./ ...' " •—•'---__ __H--77- . / , • 1 . , 7,. 1 , ,•• ,,,,Hiiii—.-... --1 - . . ' , -. ::.. ' '!:,:_ :.•,..,'.. --.- ''''...''''''.:-': -' :=..-"-: : 1111.01.1.11116 . .. . • ''''' - .i.. .. - ' . • ,---.- t-4---*/ ---t •,,... e. -..,,.. . • : ' -- ---.:tr .c,:;;', 4-Air -''',;I'.-4.1• ' .. .. . . .... .. - ---....1, • :• • \ • ' __. . • I . • . • , , 11 , . ' I . , '.:11. . • . . .._ • .. ••• . • 1. :///.I.- - • • \ ' '1:-''-,.," ...• • • ' , „.4,,,...., ,_ • „ , , . . . . • . .....,, . ,, • . 4, ,.. .,,,... ..A..,...- •-....,. 'I 1 ' • \ . .". - ---rn,..., '..•, . . • . // • „.,...- ..s. .‘ ••1. . .. 4 , I . t • .• t V Ifeil-,41111101MINII. . '. ' ----Z."1“•••''',-.•- .- - • i •-• 4,.....1", ••..- .I. • . _ :1 • , i . . '''' ,c_...ACAIIIIMI -, • , •- . . . • - ' ..--•.-5.- - • ' • .1 •. •.••—• • 1 , . It \ ,. • 1 '.- - --X.g*. ' .7'.-:.; -,}....-.i." 42, ------- - .' 414 el. •7''r• '----;-•:• . -Z • -...,.... • -:, ,• . •,.-.`..-.'. -. ' ,....•...• ••• •......"<"-: ... .. • tkl, .'''....... ,,, - 4.'46 . le- •,.-.17-1,...t•_ ... . '-.',......!'..* • -'•!.. .••-•' • ..I\• 11, . ...... . 1 , '•Li ... 1 . . . .. ir- ,. . I• , 7 . . . 1 t;I:4:'- . • '.. lt ; . ..' .. '''T: F:.: ' ;' '', . • . . ' , \ . • . :.f -''..9! ';''" 1, ... . • .,,,,, ... ..* .. .. -.. i•" ; -- ,-,'. ,v-.7 ' - ',..• , , .•••.r ., 1.-.. ':-:,:r.,••;;-'i.e.''. . :•... - , . .:...f..•• .7"t- ."!'..t.....'........ ' i.:, `••:'-!te..1:_4I•ott- ,''../yi.i.,‘ • . •... . • • * '.i.i• ' ...."'"... -_ ii/'.',...4. .,' il., • Afj: '•-•r7,1 . 446...314. :•.•-,, • , 47* .I.'t-.4.•'.,--r .41.. ../..e. --• 4. ._ ._ EXHIBIT "B" Page 1 of 1 Condition(s): 1) Providing a minimum often(10)on-site parking stalls or receive a Zoning Board of Appeals waiver. 2) Compliance with the site and operating plans. 3) Applicant agrees to participate in a rezoning of the property to a residential classification at such time as a down zoning plan is proposed and implemented for the Joslyn Castle neighborhood. 4) That the applicant requests a waiver of the spacing requirement from the Zoning Board of Appeals. P:\PLN2\10422pjm.doc c-25a CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska May 11 , 2004 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,Section 55-884 of the Omaha Municipal Code,provides for the granting of a Special Use Permit; and, WHEREAS,an application has been submitted by Kathleen McCallister for a Special Use Permit to allow a Group.Care Facility in a CC-Community Commercial District,located at 101 North 39th Street, Omaha,Nebraska; and, WHEREAS,the City Planning Board has recommended that said permit be granted pursuant to the application,a copy of which is attached hereto as Exhibit"A"and made a part hereof by this reference,and the conditions set out in Exhibit"B"attached hereto and made a part hereof by this reference. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Special Use Permit application submitted by Kathleen McCallister for permission to allow a Group Care Facility in a CC-Community Commercial District,located at 101 North 39`h Street,Omaha,Nebraska,is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor,provided the conditions set out in Exhibit"A"of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. BE IT FURTHER RESOLVED: THAT,the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code. APPROV D AS TO F : —7., CITY ATTORNEY DATE P:\PLN2\10421pjm.doc 1414194• By Councilmember MAY 2 5..2004.. `. o.�..il1DlJ � //'d �� `,,,," � 4 yeasi V/ csOl ale.7c ii 'i'"Q om, City Clerk / c51 �/� � ��r9/�G�� as Approved s; I/°f`)1) Mayor &. N vl p G -r p - COD O 0• CD C g ilie .,t t,.) r) C4 9 C') 2 „ = pa (%) .c1 i'el 5" r-t- 2 Cl. er �j ` k ""< __t.. 0. 0 ,_, _, p,, p,, . ,,,.., 5 Q., c,, n CP pa h Ccp OD �• _ O `C pr vj p�' S (Z ten, O Co p) CD O O 5 N ¢ ¢ J 1 O 0 v' Pt tk E. qn. \ ,-,- et 0 AD g ,,z11\. kt 0 CD �" � ° �` � ' � zCD ° CC • P cn . � � �' � .-• CD o CD 0.. I., o A IN‘k O ° IrCl)° 0 CDp a C' c7 Cl) o ~ re° C) p• CD h �' -• < �- = .• CD p 0 a> a CD CD CD CD CD rD o. a sv •t 01 .\ • \\k. N I . ik k . k. r "NOTICE • ,PUBLIC" THE DAILY RECORD "NOTICE OF HEARING FOR A SPECIAL USE PERMIT TO ALLOW A GROUP CARE FACILITY; H/� OF OM/� IN A CC-COMMUNITY,.COMMERCIAL iyi1�11r>• DISTRICT,LOCATED'•T,';0 fi ifF TH 3imistR '`�"" . RONALD A. HENNINGSEN, Publisher App g ss i > cCailist t PROOF OF PUBLICATION requesting issuaric`:',• c���"- la �s-rpeimit to allow a group ca ='•aci i `(a; Community Commercia t t boated at 101 North 39th Sheet I ly desj r ed as: UNITED STATES OF AMERICA, tots 14, 15,16,Cresce'f Park Addition. The State Of Nebraska A copy of said plan Is available for public ' SS. inspection in the City Clerks Office. District of Nebraska, Public Hearing will be held before the City Countyof Douglas, Council of the City of Omaha, in the Legisla- Ou g tive Chambers,Omaha/Douglas Civic Ce nter, City of Omaha, 1819 Farnam Street, on May 25,2004 at 2:00 p.m. BUSTER BROWN, LYNDA K.HENNINGSEN City Clerk 5-14-04 - being duly sworn,deposes and says that she is ASSOCIATE PUBLISHER 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 May 14, 2004 Th. , paper during that time was regularly published and • ezfil n in the Count of Doug tate of Nebraska. �Q;a GEEtq.•• <(,A ubsc 'bed in my presence and sw to before 1isker,' rogioN$ 2- 0 me this 14th .ay of EXPIRES Adk tional Copies $: i 20 04 t S `;ti'VTq C:) 0 .// O, ' Q� Notary Publi f: :Fa-County, F 1•4 f Nebraska �aaauC c� 4024576057 02/27/04 12:08pm P. 001 RECEIVED 0 FEB 27 PM 2: 29 FaX OEM CITY CLERK AHA, NEBRASKA U4, From:76t4. '1_ Ah-Za /1.5 I'6 93d Pax: i/.</i/-5 63 Pages: .3 'Phone ate:.. � �_epi Re: CC: El Urgent D Far Review 0 Pia Comment ❑Please Reply 0 Please Recycle TO C•I ALL CM'S DIST.#1 DIST.#2 DIST.#3 DIST.#4 DIST.#5 DIST.#6 DIST.#7 CH.OF STAFF STAFF ! a CITY CLERK LOBBYIST FEB 27 '04 a ,V TIME Hallberg 4024876057 02/27/04 12:08pm P. 002 4000./•••\iiic oxford Houses of Nebraska .Recovery,✓R.esponslblllty. And.R.epllcatlon February 26, 2004 City of Omaha Planning Department 1819 Farnam.St. Omaha,NE 68183-1100 RE: NEW HOPE 101 N. 391 St. Dear Board Members, As an Outreach Worker for Oxford Houses of Nebraska, I am acutely aware of the desperate need for more residential treatment beds for women in the Omaha area. Oxford Houses are self-run by the individuals residing in them. There are no staff members residing in the homes. Although we have the capacity to serve 70 women in the Omaha area, we are not equipped to provide the structure that many women require when coming out of detox or 28-day treatment. Consequently, due to the lack of available residential s dential treatment beds in Omaha, scores of women seeking treatment over the last few months have been denied the opportunity for recovery. Unfortunately, a number of them will return to using drugs and alcohol, and may never again reach a point in their lives where they want, and are in a position to access, recovery. I am aware that the federal Fair Housing Act does not pre-empt local zoning laws. However, according to a joint statement issued by the United States Justice Department and the Department of Housing and Urban Development,the Act applies to"municipalities and other local government entities, and prohibits them from making zoning or land use decisions or implementing land use policies that exclude or otherwise discriminate against protected persons, including persons with disabilities." The joint statement further states: "The Fair Housing Act...does not pre-empt local land use and zoning laws. This is an area where state law typically gives local government primary power. However, if that power PO Box 31724. Omaha,NE 681.31-0724 Hallberg 4024E76057 02/27/04 12:08pm P. 002 is exercised in a specific instance in a way that is inconsistent with a federal law such as the Fair Housing Act, the federal law will control." The Joint Statement also addresses state and local governments, which have enacted laws requiring that group homes be a certain minimum distance from one another. It states. "The Department of.Justice and HUD take the position, and most courts that have addressed the issue agree, that density restrictions are generally inconsistent with the Fair Housing Act." I believe that the neighborhood opposition to another group home in the area is due, in part,to the social stigma associated with addiction. However, it is my understanding that you would be in violation of the federal Fair Housing Act if you block the special use permit or deny a reasonable requested accommodation, "in response to neighbors' stereotypical fears or prejudices about persons with disabilities. This is so even if the individual government decision-makers are not themselves personally prejudiced against persons with disabilities. If the evidence shows that the decision-makers were responding to the wishes of their constituents, and that the constituents were motivated in substantial part by discriminatory concerns,that could be enough to prove a violation." The Joint Statement, in its entirety, can be accessed via the Department of Justice web site at www.usdoj_gov/crt/housing/final8 I.htm I urge you to read the entire document, and to consider the thousands of tax dollars that would be wasted in litigating a case that you would most likely lose_ There are also possible compensatory damages to consider if intentional discrimination can be proved. If City Officials intend to bow to their constituents in this matter, I suggest that you consider bowing to the hundreds of residents living in the area who are productive members of the recovery community, rather than just the few who arc members of the Neighborhood Associations. You'll not only save the taxpayers' money, you will most likely save lives! Cc: Omaha City Council Sincerely, Kirstin.Hallberg Outreach Coordinator Nebraska Oxford Houses r r 0uv o 0 o 0 N yl 8- tIi N _. cu c) • r+ o � t7 s � n �. ° �� 8 0 ~ w � P o N (3 up CD r .,cD cr z '� \ rt- z 0 -t- �, ... o • e � - co o O ALL CM'S ' — DIST.11 r• DIST.#2 DIST.#3 FREDERICK S.CASSMASST 1ST.#5#4 ABRAHAMS JAMES M.PFEFFER HOWARD J. KASLOW Erg r ED JEFFREY J. BLUMEL FRANK E PosPISHIL DIST.176 KASLOW iYS DIST.#7 KIM M.ARGO RONALD K.PARSONAc H OF STAFF CASSMAN {� MARK A.WILLIAMS UIIN W. HERDYINAS fry 58 TYLER P. MCLEOD HARVEY B. COOPER CITY CLERK f AT T O R N E y S A!Q•i l' 2� • JOSEPH T.BRECKENRIDGE RAND.ALI.C. HANSON LOBBYIST ♦ C3�t {n r-• Fr NICHOLAS T. DAFNE' R. CRAIG FRY ,`j' t�l.trtt�, - JAMES A.TEWS �1 t �, Tlslo'rltY M. KENNY i '�. �� ERIC H. LINDQUIST MAY 208`04 WEST DODGE ROAD. SUITE 300 • OMAHA.Q' K 6$1 71-'3419 MILTON R.ABRAHAMS SANDRA L. MAASS (402) 392-1250 • FAX:(402)392-0816 1905-2000 rllo..IAs J. MAI.ICKI www.akclaw.com AARON D.WEINER BEN E. KASLOW MARL ON M. LOFGREN TIME May 18, 2004 1907-1993 Ms. Maggie Jones - 432 North 38th Street Omaha, NE 68131 Re: Section 55-764 Municipal Code of Omaha Dear Maggie: At your request, we have reviewed the question whether Sec 55-764 of the Municipal Code of Omaha, as it relates to the separation of group care facilities, is invalidated by the provisions of the Fair Housing Amendment Act of 1988. The case of Familystyle of St. Paul, Inc. v. City of St. Paul Minnesota, 923 F.2d 91 (8t1i Cir. 1991), is the governing authority on this issue for cases arising within the states comprising the Eighth Circuit, including Nebraska. In Familystyle, the Court determined that the denied renewal of special use permits by the St. Paul City Council did not violate the Fair Housing Act by discriminating against the mentally ill, and that state and municipal dispersal requirements for group homes did not result in disparate impact on and discriminatory treatment of the mentally ill. In that case, both state law and the St. Paul zoning code required community residential facilities for the mentally impaired to be located at lease a quarter of a mile apart. In upholding the state and city requirements as not being invalidated by the Fair Housing Amendment Act of 1988, the Court stated: "The quarter-mile spacing requirement guarantees that residential services in treatment facilities will. in fact be "in the community," rather than in neighborhoods completely made up of group homes that re-create an institutional environment—a setting for which Familystyle argues. We cannot agree that Congress intended the Fair Housing Amendments Act of 1988 to contribute to the segregation of the mentally ill from the mainstream of our society. The challenged state laws and city ordinance do not affect or prohibit a retarded or mentally ill person form purchasing renting. or occupying a private residence or dwelling." finding that the requirements did not result in a disparate C g� q impact on and discriminatory I treatment of the mentally ill, the Court further stated: OMAHA AFFILIATE OF III MERITAS LAW FIRMS WORLDWIDE / • • • ABRAHAMS KASLOW & CASSMAN LLP Ms. Maggie Jones 2 May 18, 2004 "The state's group home dispersal requirements are designed to ensure that mentally handicapped persons needing residential treatment will not be forced into enclaves of treatment facilities that would replicate and thus perpetuate the isolation resulting from institutionalization. We are not persuaded that any intent to discriminate against the handicapped lies beneath the surface of the state and local dispersal requirements and the purposes of deinstitutionalization. We have been given no reason to believe that Familystyle is incapable of dispersing its group homes and integrating its clients into the community." As we indicated above, this case, as decided by the Eighth Circuit Court of Appeals, is the governing law for this state and should be followed until its overruled or otherwise distinguished by the Court. Yours trul Frank F. Pospishil For the Firm FFP:dmc Enc. • I2('II 987(0.I ro CD 0 C) g tt 0 A) Np. til LA ci, -1 1 (ID O d '� A i O cn A) .-t "\I I\,. O O CD 0 on cr. es \c) 1-6 p- !al F-1), .. o tIJ P r o n b . 0 '5. cn 9 n . . ._. . ioto„.Ait4 ,o , lir, .P,,,,,p 6r1 „.kt� Office of the Mayor g.z irei tiJ''«'t , 1819 Farnam Street,Suite 300 FTAI.[2 � rv� ° Omaha,Nebraska 68183-0300 (402)444-5000 °4'''TFD FEB�°r.� FAX:(402)444-6059 i, City of Omaha Mike Fahey,Mayor May 21, 2004 Omaha City Council Omaha/Douglas Civic Center Omaha, Nebraska Honorable President and Members of the City Council: I am opposed to a special use permit that would allow the Havens Mansion, 101 N. 39th _ Street, to be used as a group home. I have no objection to the goals of the nonprofit organization requesting the permit, and have'high regard for Commissioner Kathleen. McCallister. I do not believe, however, that it is the right time or place to locate yet another group care facility in this neighborhood. A concern about the prevalence and concentration of such homes in neighborhoods was.a common observation during the recently completed Destination Midtown study. In numerous public meetings, residents identified zoning and special permitting issues that have now resulted in problems for the neighborhoods. In coming months, we will be working to help address these issues with the Destination Midtown coalition. In the meantime, however, additional concerns have arisen about the city's ability to enforce a current city ordinance merely regulating the spacing of these facilities. It is this issue that I have asked law and planning to research, pursue and challenge if necessary. Furthermore, I have asked law to begin drafting possible legislation for next year's state legislative session that would require state notification to city and neighborhood officials regarding the licensing of these facilities, which can currently happen with no public knowledge or input from local officials. I recently met with State officials and expressed my frustration with this process and my desire to correct it. Omaha City Council May 21, 2004 Page Two We are making tremendous progress in Omaha's neighborhoods. We need to strike a better balance, however, between a desirable social service and creating compatibility with the neighborhoods. Sincerely, rYl� Mike Fahey, Mayor City of Omaha P CD ~ O O v, F.-D- cm n N Q m • n p ET W CD -' � (�'n p O • I C4n CA �.;'C N...S \ C1 CAD n 4) CD `tG ..• O SID tZt ?'".. I'd o -. c m o ° CD fat 1