2005-07-19j "CORRECTED"
CITY COUNCIL AGENDA FOR JULY 19, 2005
LEGISLATIVE CHAMBERS - 2:00 P.M.
Agenda and Link to Agenda Items
Available at http://www.ci.omaha.ne.us
ROLL CALL
1. City Clerk calls the roll.
CCID # 878 - Present: Vokal, Brown, Gernandt, Sigerson, Suttle,
Thompson, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Franklin T. Thompson of District No. 6.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on July 15, 2005, notice re: Pre-Council and Regular City Council
Meetings, July 19, 2005.
CCID # 879 - From Chair on File
INTRODUCTION
5. Visitors from Russia, Open World Leadership Program, sponsored by the Library
of Congress.
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF,AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENTS PRESENTATION,AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
MAYOR'S BUDGET MESSAGE & PRESENTATION FOR YEAR 2006
6. Mayor Mike Fahey's Budget Message and presentation of recommended budget
for year 2006. ((MOTION NEEDED TO SET THE PUBLIC HEARING ON
AUGUST 9, 2005 AT 7:00 P.M.))
CCID # 930 - Motion to set the Public Hearing on 8/9/05 at 7:00 p.m.
Carried 7-0
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
7. Ord. to rezone property located between 25th and 27th Streets from Patrick
Avenue to Decatur Street from R7-Medium Density Multiple Family Residential
District to R4-Single Family Residential District (High Density). ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CCID # 812 - ORDINANCE # 37071 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located between 25th and 27th Streets,
from Patrick Avenue to Decatur Street from R7 to R4 - see
attached.
# 812 - From Chair on File
8. Ord. to rezone property located at 3416 Jackson Street from R7-Medium Density
Multiple Family Residential District and GC-General Commercial District to
R7-Medium Density Multiple Family Residential District. ((PUBLIC HEARING
TODAY- CAN BE PASSED TODAY))
CCID # 813 - ORDINANCE # 37072 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 3416 Jackson Street from
R7 and GC to R7 - see attached.
# 813 - From Chair on File
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9. Ord. to rezone property located at 2028, 2108, 2114, 2120 and 2122 Larimore
Avenue from R4(35)-Single Family Residential District (High Density) and R5-
Urban Family Residential District to R4-Single Family Residential District (High
Density). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 814 - ORDINANCE # 37073 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 2028, 2108, 2114, 2120 and
2122 Larimore Avenue from R4(35) and R5 to R4 - see attached.
# 814 - From Chair on File
10. Ord. to rezone property located at 3654 Miami Street from R4(35)-Single Family
Residential District (High Density), R5-Urban Family Residential District and
R5(35)-Urban Family Residential District to R5-Urban Family Residential District.
((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 815 - ORDINANCE # 37074 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 3654 Miami Street from
R4(35), R5 and R5(35) to R5 - see attached.
# 815 - From Chair on File
11. Ord. to rezone property located Southeast of 168th Street and West Maple Road
from DR-Development Reserve District to DR-Development Reserve District.
((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 829 - ORDINANCE # 37075 PASSED 7-0
12. Ord. to rezone property located Southeast of 168th Street and West Maple Road
from DR-Development Reserve District to R6-Low Density Multiple Family
Residential District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 830 - ORDINANCE # 37076 PASSED 7-0
13. Ord. to rezone property located Southeast of 168th Street and West Maple Road
from DR-Development Reserve District to MU-Mixed Use District. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CCID # 831 - ORDINANCE # 37077 PASSED 7-0
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(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southeast of 168th Street and
West Maple Road from DR to DR, R6, and MU - Outside City - see
attached.
# 831 - From Chair on File
14. Ord. to approve a Mixed Use Development Agreement for property located
Southeast of 168th Street and West Maple Road between the City of Omaha and
Maple Valley, LLC, providing site development standards; and to provide for an
effective date - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED
TODAY))
CCID # 832 - ORDINANCE # 37078 PASSED 7-0
15. Res. that the plat entitled MAPLE VALLEY (Lots 1-5 & Outlot A) located
Southeast of 168th Street and West Maple Road is hereby approved and
accepted - Outside City - over from 6/28/05 - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 833 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of MAPLE VALLEY (Lots 1-5 & Outlot A) located
Southeast of 168th Street and West Maple Road - Outside City -
over from 6/28/06 - see attached.
# 833 - From Chair on File
16. Res. that the Subdivision Agreement among the City of Omaha, Maple Valley,
LLC, and Sanitary and Improvement District 478 of Douglas County, Nebraska,
as recommended by the Mayor, providing for the public improvements, a 1
administrative fee, park fee, and sewer connection to the Omaha Sanitary Sewer
System, is hereby approved. The Subdivision is to be known as Maple Valley
(Lots 1-5 and Outlot A) and is located Southeast of 168th Street and West Maple
Road - over from 6/28/05 - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 805 - Adopt 7-0
17. Ord. to rezone property located Southwest of 180th Street and West Dodge Road
from AG-Agricultural District to DR-Development Reserve District. ((PUBLIC
HEARING TODAY - CAN BE PASSED TODAY))
CCID # 834 - ORDINANCE # 37079 PASSED 7-0
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18. Ord. to rezone property located Southwest of 180th Street and West Dodge Road
from AG-Agricultural District to R6-Low Density Multiple Family Residential
District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 835 - ORDINANCE # 37080 PASSED 7-0
19. Ord. to rezone property located Southwest of 180th Street and West Dodge Road
from AG-Agricultural District to MU-Mixed Use District. ((PUBLIC HEARING
TODAY - CAN BE PASSED TODAY))
CCID # 836 - ORDINANCE # 37081 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 180th Street and
West Dodge Road from AG to DR, R6 and MU - see attached.
# 836 - From Chair on File
20. Ord. to approve a Mixed Use Development Agreement for property located
Southwest of 180th Street and West Dodge Road between the City of Omaha and
Kooper Feldman Partnership, providing site development standards; and to
provide for an effective date - see attached. ((PUBLIC HEARING TODAY - CAN
BE PASSED TODAY))
CCID # 837 - ORDINANCE # 37082 PASSED 7-0
21. Res. that the plat entitled WEST DODGE HILLS (Lots 1-22 and Outlots A and B)
located Southwest of 180th Street and West Dodge Road is hereby approved and
accepted - Outside City - over from 6/28/05 - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 838 - Adopt 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of WEST DODGE HILLS (Lots 1-22 and Outlots A
and B) located Southwest of 180th Street and West Dodge Road -
Outside City - over from 6/28/05 - see attached.
# 838 - From Chair on File
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22. Res. that the Subdivision Agreement among the City of Omaha, West Dundee
Development Co., LLC, the West Dodge Hills Business Owners Association and
Sanitary and Improvement District 451 of Douglas County, Nebraska, as
recommended by the Mayor, providing for the public improvements, park fee,
trails/boulevard fee, 1% administrative fee and sewer connection to the Omaha
Sanitary Sewer System, is hereby approved. The subdivision is to be known as
West Dodge Hills (Lots 1-22 and Outlots A and B) and is located Southwest of
180th Street and West Dodge Road - over from 6/28/05 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 825 - Adopt 7-0
23. Ord. to amend Section 1 of Ordinance No. 36976 passed March 29, 2005, and to
provide for the effective date hereof - see attached. ((PUBLIC HEARING TODAY
- CAN BE PASSED TODAY))
CCID # 816 - ORDINANCE # 37083 PASSED 7-0
24. Ord. to amend Section 1 of Ordinance No. 36977 passed March 29, 2005, and to
provide for the effective date hereof - see attached. ((PUBLIC HEARING TODAY
- CAN BE PASSED TODAY))
CCID # 817 - ORDINANCE # 37084 PASSED 7-0
25. Ord. to amend Section 1 of Ordinance No. 36978 passed March 29, 2005, and to
provide for the effective date hereof - see attached. ((PUBLIC HEARING TODAY
- CAN BE PASSED TODAY))
CCID # 818 - ORDINANCE # 37085 PASSED 7-0
(a) Communication from the Planning Director correcting Ordinance
Nos. 36976, 36977, and 36978 approved by the City Council on
March 29, 2005 - see attached.
# 818 - From Chair on File
26. Res. that the plat entitled Harrison Place located Northeast of 192nd and Harrison
Streets, is hereby approved, accepted and renamed as HARRISON PARK -
Outside City - over from 6/28/05 - see attached. ((PUBLIC HEARING TODAY -
CAN BE ADOPTED TODAY))
Res. # 819 - Adopt 7-0
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(a) Communication from the Planning Director correcting Resolution
No. 308, approved by the City Council on March 29, 2005, by
renaming the Final Plat for Harrison Place to HARRISON PARK,
located Northeast of 192nd and Harrison Streets - over from 6/28/05
- see attached.
# 819 - From Chair on File
LIQUOR AND RESOLUTION RE: KENO
27. OFF SALE BEER - Alvin Lane, Inc., dba "Lane's Shell", 8724 North 30th Street.
New application, new location. Property posted: 6/21/05. Notification sent:
7/8/05 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION
BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO
GRANT OR DENY))
Res. # 880 - Application read
Motion that the City Council Liquor Rules be suspended
Carried 7-0
Grant 7-0
Motion that the City Council Liquor Rules be reinstated
Carried 7-0
28. J S Ventures, Inc., dba "Applebee's Neighborhood Grill & Bar", 7450 Dodge
Street, requests permission to appoint Rhodri McNee manager of their present
Class "I" Liquor License - see attached.
CCID # 881 - Approve 7-0
(a) J S Ventures, Inc., dba "Applebee's Neighborhood Grill & Bar",
13208 West Maple Road, requests permission to appoint Rhodri
McNee manager of their present Class "I" Liquor License - see
attached.
CCID # 882 - Approve 7-0
(b) J S Ventures, Inc., dba "Applebee's Neighborhood Grill & Bar",
3350 South 143rd Plaza, requests permission to appoint Rhodri
McNee manager of their present Class "I" Liquor License - see
attached.
CCID # 883 - Approve 7-0
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(c) J S Ventures, Inc., dba "Applebee's Neighborhood Grill & Bar",
2829 South 181st Street, requests permission to appoint Rhodri
McNee manager of their present Class "I" Liquor License - see
attached. ((MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
CCID # 884 - Approve 7-0
29. Hinky Dinky Leavenworth, LLC, dba "Wholesale Food Outlet #733", 2900
Leavenworth Street, requests permission to appoint Mark Otzel manager of their
present Package Liquor License - see attached. ((MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
CCID # 885 - Approve 7-0
30. Res. that, in accordance with the Lottery Operator's Agreement between the City
of Omaha and Big Red Lottery Services, Ltd., as amended, Big Red Lottery
Services is granted approval to operate a satellite keno location at Fox & Hound
English Pub & Grille, 17602 Wright Street, in Omaha, Nebraska - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 892 - Adopt 7-0
ORDINANCES ON FINAL READING
31. Ord. to approve a Development Agreement for property located at 5334 and
5420 South 70th Street between the City of Omaha and RBH, LLC, providing site
development standards; and to provide for an effective date - see attached.
((PUBLIC HEARING TODAY - CAN BE PASSED TODAY))
CCID # 827 - ORDINANCE # 37086 PASSED 7-0
32. Ord. proposing an amendment to Section 5.15 of the Home Rule Charter of the
City of Omaha, 1956, as amended, to authorize the purchasing and stores
functions of the City to be performed by employees of the City or another
governmental entity with whom the City has an agreement for merger of
purchasing functions; to delete the requirement that a Purchasing Division,
headed by a Purchasing Agent, be established in the Finance Department; to
provide for the submission of the proposed amendment to the qualified electors
of the City of Omaha for their approval or rejection at the Special City Election to
be held on May 9, 2006; to repeal Section 5.15 of the Home Rule Charter of the
City of Omaha as heretofore existing; and to provide the effective date hereof -
see attached. ((PUBLIC HEARING HELD 7/12/05 - CAN BE PASSED TODAY))
CCID # 824 - ORDINANCE # 37087 PASSED 7-0
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33. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant properties located in the Kountze Park -
Sacred Heart Infill Housing Redevelopment Plan Area, an area generally defined
by 16th Street, Maple Street, 24th Street and Pratt Street, for acquisition, and
subsequent use as sites for implementing the Kountze Park - Sacred Heart Infill
Housing Redevelopment Plan; provided that as to each specified parcel which
cannot be obtained by negotiation, proceedings in eminent domain be
undertaken and completed; and, providing for the effective date hereof. Funding
shall be payable from the FY 2005 Community Development Block Grant, Fund
12186, Organization 129122 - see attached. ((PUBLIC HEARING HELD 7/12/05
- CAN BE PASSED TODAY))
CCID # 822 - ORDINANCE # 37088 PASSED 7-0
34. Ord. approving an Amendment to the Redevelopment and Tax Increment
Financing Loan Agreement with Livestock Exchange Building, L.L.C., 514 Walker
Street, Woodbine, IA (formerly 1025 Leavenworth Street, Omaha, NE) approved
June 3, 2003, by Ordinance No. 36283 to add $400,000.00 in tax increment
financing to assist with the build-out of 40,000 square feet of commercial space
on levels one through three of the Livestock Exchange Building for use by One
World Community Health Centers and providing for an effective date - see
attached. ((PUBLIC HEARING HELD 7/12/05 - CAN BE PASSED TODAY))
CCID # 823 - ORDINANCE # 37089 PASSED 7-0
35. Ord. to approve the execution of an Agreement between the City of Omaha and
the U.S. Department of Justice, whereby the City agrees to make certain
modifications to the City of Omaha's programs and facilities to ensure that they
are in compliance with Title II of the Americans with Disabilities Act of 1990
("ADA") and that all persons with disabilities have access to the programs and
facilities within the City of Omaha - see attached. ((PUBLIC HEARING HELD
7/12/05 - CAN BE PASSED TODAY))
CCID # 828 -Ordinance read
ORDINANCE # 37090 PASSED AS AMENDED 7-0
(a) Amendment requested by the Law Department - over from 7/12/05
- see attached.
# 828 - Approve 7-0
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"PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 36 THROUGH 40
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON SECOND READING
36. Ord. to adopt a PK-Parking Overlay District, located at 2916 Grant Street, to
approve the Parking Plan, and to provide for an effective date - see attached.
CCID # 867 - Over to 7/26/05
37. Ord. to rezone property located Northwest of 61st and Ohern Streets from
LI-Limited Industrial District and GI-General Industrial District to GI-General
Industrial District, portions of which property lie within the floodplain.
CCID # 868 - Over to 7/26/05
38. Ord. to rezone property located at 12020 Emmet Street from CC-Community
Commercial District to GC-General Commercial District, portions of which
property lie within the floodplain.
CCID # 875 - Over to 7/26/05
39. Ord. to rezone property located Northeast of 204th Street and George B. Lake
Parkway from R6-Low Density Multiple Family Residential District to R4-Single
Family Residential District (High Density).
CCID # 848 - Over to 7/26/05
40. Ord. to approve amendments to Chapter 55, Sections 55-45, 55-205, 55-225,
55-245, 55-265, 55-325, 55-363, 55-383, 55-403 and 55-765, of the Omaha
Municipal Code regarding allowing Bed and Breakfast Inns in the R5, R6, R7, R8
and GO Districts with a Special Use Permit and in the CC, NBD and GC Districts
as Permitted Uses; to repeal Chapter 55, Sections 55-45, 55-205, 55-225,
55-245, 55-265, 55-325, 55-363, 55-383, 55-403 and 55-765, as heretofore
existing; and to provide for the effective date hereof- see attached.
CCID # 869 - Over to 7/26/05
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ORDINANCES ON SECOND READING and Planning Board Attachments
41. Ord. vacating the east/west and north/south alleys between 22nd Street and 24th
Street from Binney Street to Wirt Street, and providing the effective date hereof-
see attached. ((PUBLIC HEARING TODAY))
CCID # 870 - Over to 7/26/05
(a) Planning Board and Planning Department recommend approval of
a request to vacate the east/west and north/south alleys between
22"d and 24th Streets from Binney to Wirt Streets - see attached.
# 870 - Over to 7/26/05
42. Ord. vacating the east/west alley between Nicholas Street and Lafayette Avenue
from 46th Street to the Northwest Radial Highway in the City of Omaha and
providing the effective date hereof- see attached. ((PUBLIC HEARING TODAY))
CCID # 871 - Over to 7/26/05
(a) Planning Board and Planning Department recommend approval of
a request to vacate the east/west alley between Nicholas Street
and Lafayette Avenue from 46th Street to the Northwest Radial
Highway - see attached.
# 871 - Ove
r to 7/26/05
ORDINANCES ON SECOND READING
43. Ord. declaring the necessity for the advanced acquisition of a single family
residence located at 4819 South 13th Street in conjunction with the proposed
widening of 13th Street from "M" Street to "0" Street, identified as Special Project
30-3B; providing that the City negotiate with the property owners for land
acquisition; providing that as to each specified parcel which cannot be obtained
by negotiation, condemnation proceedings be undertaken and completed; and,
providing for the effective date hereof - see attached. ((PUBLIC HEARING
TODAY))
CCID # 872 - Over to 7/26/05
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52. Res. that the attached Agreement, as recommended by the Mayor, between the
City of Omaha and Hope of Glory Christian Fellowship Ministries, Inc., a
Nebraska non-profit corporation, 3525 Evans Street, Omaha, Nebraska, 68111,
for Supportive Housing funding in the amount of $76,823.00 to be used for
"Williams Prepared Place Transitional Housing Program," is hereby approved.
Funds in the amount of $76,823.00 shall be paid from the'Continuum of Care
Supportive Housing Grant Fund NE26B401008 (FY 2004, Fund 12184,
Organization 129014); and that the Mayor is authorized to approve all revisions
to this Supportive Housing Program Grant Agreement, as approved by HUD,
except that revisions involving a change in the subrecipient, a change in the
project site, or a change in the category of participants to be served shall require
the prior approval of the City Council - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 894 - Adopt 7-0
53. Res. that the nomination and reappointment by Councilmember Frank Brown of
Betty Jo Hawkins as an at large member of the Civil Rights Hearing Board from
Council District Two, to serve a three-year term commencing upon confirmation
by the City Council and expiring three years thereafter, be and hereby is
confirmed and approved - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 897 - Adopt 7-0
54. Res. that the City Council of the City of Omaha does hereby approve the
settlement of the case entitled Linda McIntosh v. City of Omaha, Stan Timm, Pat
Burke and John Leming, filed in the United States District Court for the District of
Nebraska found at docket number 8:03CV528, in the amount of$49,500.00 in full
and complete satisfaction and settlement of this case. The Law Department of
the City of Omaha is hereby authorized and empowered to execute and deliver
and approve and receive all appropriate settlement documents to cause the
conclusion of said case, including the Settlement Agreement and any necessary
releases, and that the funds to satisfy the same shall be paid out of the
Contingent Liability Reserve Fund No. 12112 - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 898 Adopt 7-0
CHAIRMAN OF THE BOARD OF EQUALIZATION
Equalization reports approval of Plan of Assessment;
55. Chairman of the Board of E ua ,
q p pp
with adjustments made at their regular meeting held July 12, 2005 - see
attached. ((MOTION NEEDED TO APPROVE))
CCID # 896 - Approve 7-0
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EXECUTIVE SESSION
56. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Adjourned: 2:36 P.M.
This agenda, which shall be kept continually current, shall be available for
public inspection in the Office of the City Clerk, Omaha-Douglas Civic Center,
1819 Farnam, LC 1, Omaha, NE, during normal business hours.
All requests for sign language interpreters (signers)will require a minimum of
48 hours advance notice. Alternative formats require a minimum of 72 hours
advance notice. Please contact Sandra L. Moses - 444-5552 if arrangements
need to be made.
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