2003-07-29j _
I
"CORRECTED"
CITY COUNCIL AGENDA FOR JULY 29, 2003
LEGISLATIVE CHAMBERS - 2:00 P.M.
ROLL CALL
1 . City Clerk calls the roll.
CCID # 967 - Present: Welch, Brown, Gernandt, Kraft, Sigerson,
Thompson, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Garry Gernandt of District No. 4.
CERTIFICATION OF PUBLICATION
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on July 25, 2003, notice re: Pre-Council and Regular City Council
Meetings, July 29, 2003.
CCID # 968 - From Chair on File
MAYOR'S BUDGET MESSAGE & PRESENTATION FOR YEAR 2004
5. Mayor Mike Fahey's Budget Message and presentation of recommended budget
for year 2004. ((MOTION NEEDED TO SET THE PUBLIC HEARING ON
AUGUST 12, 2003 AT 7:00 P.M.))
CCID # 1001 - Motion to set the public hearing on 8/12/03 at 7:00 P.M.
Carried 7-0
RECONSIDERATION
6. Motion by Councilmember Kraft to reconsider Resolution No. 872, adopted 5-2,
July 22, 2003, being 1) Res. that the application submitted by Omaha Baseball
Academy, Inc., for a major amendment to a Special Use Permit to allow Outdoor
Sports and Recreation in an AG Agricultural District, located at 150 South 192nd
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. That the proposed major amendment has been
reviewed and evaluated pursuant to, and meets each of, the criteria set forth in
Section 55-885 of the Omaha Municipal Code; 2) Planning Board and Planning
Department recommend approval of the request of Omaha Baseball Academy,
Inc. for a Major Amendment to the Special Use Permit to allow Outdoor Sports
and Recreation in AG located at 150 South 192nd Street; 3) Pictures submitted by
Larry Jobeun, Attorney, re: Special Use Permit to allow Outdoor Sports and
Recreation in an AG District located at 150 South 192nd Street;
4) Communication from Jon Schwartz Electric Inc., re: lighting at the Sandlot
Ridge Baseball Complex located at 150 South 192nd Street; 5) Petition in support
of the Special Use Permit to allow Outdoor Sports and Recreation in an AG
District located at 150 South 192nd Street; 6) Communication from Judy
Ostransky opposing the Special Use Permit to allow Outdoor Sports and
Recreation in an AG District located at 150 South 192nd Street; 7) Petition
submitted by Judy Ostransky opposing the Special Use Permit to allow Outdoor
Sports and Recreation in an AG District located at 150 South 192nd Street;
8) Pictures submitted by Michelle Barker re: Special Use Permit to allow Outdoor
Sports and Recreation in an AG District located at 150 South 192nd Street;
9) Document submitted by Michelle Barker re: Special Use Permit to allow
Outdoor Sports and Recreation at 150 South 192nd Street; 10) Document
submitted by Glen Everett re: Delinquent taxes on property located at 150 South
192nd Street; 11) Document submitted by Larry Jobeun re: Lighting at the
Sandlot Ridge Baseball Complex located at 150 South 192nd Street; with roll call
on August 12, 2003.
CCID # 872 - Motion by Kraft to reconsider. 2nd by Vokal.
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.
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ZONING ORDINANCE ON FINAL READING and Planning Board Attachment
7. Ord. to rezone property located southeast of 180th Street and West Center Road
from R6-Low Density Multiple Family Residential District to R7-Medium Density
Multiple Family Residential District. ((PUBLIC HEARING TODAY - CAN BE
PASSED TODAY))
CCID # 916 - ORDINANCE # 36344 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located southeast of 180th Street and
West Center Road from R6 to R7 -.see attached.
# 916 - From Chair on File
PLAT AND DEDICATION
8. Plat and Dedication of a five (5) foot strip of land for Saddle Creek Road north of
capitol Avenue 96.52 feet - Inside City - over from 7/15/03 for publication and
Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY -
CAN BE APPROVED TODAY))
CCID # 917 - Approve 7-0
(a) Planning Board and Planning Department recommend approval of
Plat and Dedication of a five (5) foot strip of land for Saddle Creek
Road north of Capitol Avenue 96.52 feet - Inside City - over from
7/15/03 - see attached.
# 917 - From Chair on File
ORDINANCES ON FINAL READING and Planning Board Attachments
9. Ord. vacating the West 132 feet of the EastNVest alley in Block 102 and all of the
East/West alley in Block 103, City Lots, bounded by Dodge Street on the North,
Douglas Street on the South, 11th Street on the East, and 13th Street on the
West, and providing the effective date hereof - see attached. ((PUBLIC
HEARING HELD 7/22/03 - CAN BE PASSED TODAY))
CCID # 918 - ORDINANCE # 36345 PASSED 7-0
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(a) Planning Board and Planning Department recommend approval of
a request to vacate the West 132 feet of the east/west alley in
Block 102 and all of the east/west alley in Block 103, City Lots,
bounded by Dodge Street on the north; Douglas Street on the
south; 11th Street on the east; and 13th Street on the west - Inside
City - see attached.
# 918 - From Chair on File
10. Ord. vacating Ohio Street from 90th Street east, adjacent to Lots 7, 8, 9 and 10,
Block 20, West Benson Addition in the City of Omaha and providing the effective
date hereof - see attached. ((PUBLIC HEARING HELD 7/22/03 - CAN BE
PASSED TODAY))
CCID # 919 - ORDINANCE # 36346 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to vacate Ohio Street east of 90th Street adjacent to Lots
7, 8, 9 and 10, Block 20, West Benson Addition - Inside City - see
attached.
# 919 - From Chair on File
ORDINANCES ON FINAL READING
11. Ord. to amend Omaha Municipal Code Section 43-127; to revise requirements
for ice protection on roofs of one- and two family dwellings; to repeal Omaha
Municipal Code Section 43-127 as heretofore existing; and to provide the
effective date hereof - see attached. ((PUBLIC HEARING HELD 7/22/03 - CAN
BE PASSED TODAY))
CCID # 920 - ORDINANCE # 36347 PASSED 7-0
12. Ord. approving an Interlocal Cooperation Agreement between the City of Omaha
and the Housing Authority of the City of Omaha to allow the City of Omaha Law
Department to provide selected legal services to the Omaha Housing Authority
over the next two (2) years in return for payment of $55,000.00 - see attached.
((PUBLIC HEARING HELD 7/22/03 - CAN BE PASSED TODAY))
CCID # 904 - ORDINANCE # 36348 PASSED 7-0
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13. Ord. to amend •Section 17-34 of the Omaha Municipal Code dealing with noise
and vehicle engine compression brakes, by clarifying and , expanding the
prohibition of such audible devices to include roads containing four or:more traffic
lanes within the City; to provide a certain defense; to repeal Section 17-34 of the
Omaha Municipal Code as heretofore existing; and to provide for the effective
date of this Ordinance - see attached. ((PUBLIC HEARING HELD 7/22/03 - CAN
BE PASSED TODAY))
CCID # 931 - ORDINANCE # 36349 PASSED 7-0
(a) Communications opposing the proposed Ordinance dealing with
noise and vehicle engine compression brakes - see attached.
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# 931 - From Chair on File
14. Ord. to amend certain portions of Special Ordinance 'No.' 9829 levying
assessments for the costs of demolition of condemned buildings or structures, by
removing the assessment on 3721 South'24th Street in the amount of $3,142.61
plus accrued intere'st;'and to provide the effective date--'see attached. ((PUBLIC
HEARING HELD 7/22/03 - CAN BE PASSED TODAY))
CCID # 926 - Motion to lay over 1 wk. to 8/5/03 Carried 7-0
"PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON
AGENDA ITEM NOS. 15 THROUGH 20
SHALL BE HELD ON THE THIRD READING"
ZONING ORDINANCES ON SECOND READING
15. Ord. to rezone property located at 1911 Missouri Avenue from GC-General
Commercial District to R5-Urban Family Residential District
CCID #938 - Over to 8/5/03 -
16. Ord. to rezone property located at 2367., South 27th Avenue from HI-Heavy
Industrial District to R4-Single Family Residential District (High-Density).
CCID # 939 - Over to 8/5/03
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32:'• r Res: that ihe:bid of$46,692:40 frorii`Midwest`Service'&-Sal"esfor the purchase-Of
Nis
'`r `. }`blades,• bc It and' nuts'*to• be'"used?in' tlie%repair..of.)snow:::plowsi=during snow
-17 - removal operations, being thelowesfand'best'bid recei'ed, be accepted and the
Pur'ch'asing' Agent''is- authorized to' issue='a 'purch'ase. order .therefore. The
Finance Department is authorized to pay the cost of this purchase from the
Public Works, Fleet,Management Division,.Fundc1111;1;,fOrganization 108023,
Activity 43251. The funding year is 2003 - see attached. ((PUBLIC HEARING
,.� TODAY,- CAN BE ADOPTED,TODAY.))-; ���.,� ���,,,r _ , �? r,.. „
��
,Res #969 '-Adopt, 710: ; 'c - ;i:; , :(:: .
33.,.•�'Res..chat,'as 'recommended` by the,'M%layor;'in1"co_nsideration"of thel.extenuating
�circumsta"nces.regarding the",physical condition of:A.J Valadez;the-City'Ebnsents
-full depreciation'of'th'e original priricipal amount of.ahe.;defetred loan,
partially financing the barrier removal work to property located at 3020"South 44th
Street. The repayable loan balance will remain due upon the sale of this same
property. Be.it further{resolved that„this depreciation applies only upon the sale
of the property,= see .attached. "((PUBLIC HEARING TODAY = CAN BE
ADOPTED TODAY)) . s... ��°r;S.�i moi; roc lt, n.j'7r; 1;1
I. t i�f:' 11 .'i i Tr .+
Res. # 971 - Adopt 7-o , ,nr,C
34. Res. that, as recommended., by, 1the3Mayor,. the :bid in the total amount of
' $59,632.00 from Lawnsmith & Co.,inc. to furnish all labor, materials and
equipment3necessar j9Eithe Department
to-complete;park,improveents,,including,demolition;pnd jem fLex oval,oisting play
t, equipment, new,-concrete ,.pavement; grading,new underdrein ;...new picnic
tables, •new, ,;play equipment,sand seeding at T,rendwood ,,.Park;l 13333 Pacific
•1; ,- ,j Street,,pert plans and specifications dated July;2;:2003,fis hereby accepted, and
the Purchasing Agent is,authorized tocissue,a purchaserorder,in•:conformance
herewith. .Funds'in this -amount shall be.paid from 2003'Park Bond Fund 13352
and Organization 131621 -"see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY)) " !no''
Res: #.972,.Adopt 7;0-. ' r. ,,� 1" •y..�� , ..x r.r1
•35. Res:;that;: as recommended:by1the-Mayor,(the bid.•o(Keystone Engine Services
,in the amount of $88,330.00,-which-represents the•bid,for,the overhaul of'one
Police Department helicopter engine,- being the lowest ands-best,ibid received
within`'bid specifications, is hereby accepted and the same hereby approved.
The Finance Department of the City of Omaha is authorized to pay the cost of
the overhaul from Fiscal Year•2003, Gener"6l"Fund •111t1';2Organization 113182
Air Support Unit, Account 42237 Aviation Expenses - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 974 - Adopt 6-1 Yeas: Welch, Gernandt, Kraft, Sigerson,
Thompson, Vokal Nay: Brown
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36. Res. that the extension of the Contract with American Building Maintenance
(formerly Spann Building Maintenance) in the amount of$290,628.00 annually, to
provide janitorial services at the Omaha Police Department Headquarters facility
and satellite precinct stations and facilities located throughout the City, from
August 1, 2003 to December 31, 2003 at an estimated cost of $121,802.00, is
hereby accepted and the same hereby approved.; further that the Finance
Department of the City of Omaha is authorized to pay the cost of the services
from the Fiscal Year 2003, General Fund 11111, Organization 113141 Fleet
Facilities, Account 42252 Contract Service - see attached. ((PUBLIC HEARING
TODAY - CAN BE ADOPTED TODAY))
Res. # 975 - Adopt 7-0
37. Res. that Dorothy M. Skarda be approved for a $500.00 Death Benefit and a
monthly Widow's Pension effective June 25, 2003, in the amount of $559.37 with
annual increases of 3% not to exceed $50 per month for the remainder of her life
as long as she remains unmarried pursuant to the provisions of Sections
7.36.020 and 7.36.120 of the Omaha Municipal Code that were in effect at the
time of William Skarda's retirement - see attached. ((PUBLIC HEARING TODAY
- CAN BE ADOPTED TODAY))
Res. # 977 - Adopt 7-0
38. Res. that the appointment of Kip D. Lathrum as the electrical engineer member of
the Electrical Examining Board, to serve a term commencing upon confirmation
and expiring three years thereafter, is hereby confirmed - see attached.
((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 978 - Adopt 7-0
39. Res. that the appointment of Everett "Butch" Simpson, Jr., as the open shop
master electrician member of the Electrical Examining Board, to serve a term
commencing upon confirmation and expiring January 22, 2004, is hereby
confirmed - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED
TODAY))
Res. # 979 - Adopt 7-0
40. Res. that the appointment of Timothy J. Hoffman as a member of the City of
Omaha Personnel Board to serve a term commencing upon confirmation by the
City Council and expiring on August 16, 2004, be and hereby is confirmed - see
attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 996 -Adopt 7-0
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LIQUOR
41. CLASS "C" - Shea Riley Enterprises, dba "Shea Riley's Pub", 320-322 South
72nd Street. New application, old location. Present licensee is Lagana, Michael
H.; Oas, Obed; L & 0 Enterprises, dba "Cocktails Lounge", 320-322 South 72nd
Street - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION
BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO
GRANT OR DENY))
Res. # 985 - Grant 7-0
42. Arts on the Green, 1625 Farnam Street, requests permission for a Special
Designated License for a Post Performance Street Dance at the Bemis Center
for Contemporary Arts, 724 South 12th Street, on August 16, 2003 from 9:00 p.m.
to 11:30 p.m. - see attached. ((PUBLIC HEARING TODAY - CAN BE
APPROVED TODAY))
CCID # 999 - Approve 7-0
43. Millard Days, Inc., 11306 Davenport Street, requests permission for a Special
Designated License for Millard Days Events at Millard Volunteer Fire & Omaha
Police Department, 13605 Millard Avenue, on August 20-22 and 24, 2003 from
12:00 noon to 12:30 a.m. and August 23, 2003 from 9:00 a.m. to 1:00 a.m. - see
attached. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY))
CCID # 986 - Approve 7-0
44. Res. that the park closing hours for Levi Carter Park are hereby suspended
between 11:00 p.m. on Thursday, August 21, 2003, and 5:00 a.m. on Sunday,
August 24, 2003, for "Z-92's Annual Birthday Bash" - see attached. ((PUBLIC
HEARING TODAY - CAN BE ADOPTED TODAY))
Res. # 980 - Adopt 7-0
45. Omaha Junior Chamber of Commerce, P.O. Box 24003, requests permission for
a Special Designated License for Z-92's Birthday Bash at Levi Carter Park, 16th &
Cornish Boulevard, on August 23, 2003 from 8:00 a.m. to10:00 p.m. - see
attached. ((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY))
CCID # 987 - Approve 7-0
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46. Levy Premium Foodservice Limited Partnership, 403 Line Drive Circle, Lincoln,
Nebraska 68508, requests permission for a Special Designated License for
Septemberfest at the Omaha Convention Center/Arena, 455 North 10th Street, on
August 22, 2003 from 5:00 p.m. to 12:00 midnight, August 23 & 24, 2003 from
12:00 noon to 12:00 midnight and August 25-27, 2003 from 5:00 p.m. to 11:00
p.m. - see attached.
CCID # 988 - Approve 7-0
(a) Levy Premium Foodservice Limited Partnership, 403 Line Drive
Circle, Lincoln, Nebraska 68508, requests permission for a Special
Designated License for Septemberfest at the Omaha Convention
Center/Arena, 455 North 10th Street, on August 28, 2003 from 5:00
p.m. to 11:00 p.m., August 29, 2003 from 5:00 p.m. to 12:00
midnight and August 30-31 and September 1, 2003 from 12:00
noon to 12:00 midnight - see attached.
CCID # 989 - Approve 7-0
(b) Levy Premium Foodservice Limited Partnership, 403 Line Drive
Circle, Lincoln, Nebraska 68508, requests permission for a Special
Designated License for River City Roundup at the Omaha
Convention Center/Arena, 455 North 10th Street, on September 19,
2003 from 5:00 p.m. to 12:00 midnight, September 20, 2003 from
11:00 a.m. to 12:00 midnight and September 21, 2003 from 12:00
noon to 12:00 midnight - see attached.
CCID # 990 - Approve 7-0
(c) Levy Premium Foodservice Limited Partnership, 403 Line Drive
Circle, Lincoln, Nebraska 68508, requests permission for a Special
Designated License for River City Roundup at the Omaha
Convention Center/Arena, 455 North 10th Street, on September 24-
28, 2003 from 12:00 noon to 12:00 midnight - see attached.
((PUBLIC HEARING TODAY - CAN BE APPROVED TODAY))
CCID # 991 - Approve 7-0
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"PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 47 THROUGH 51
SHALL BE HELD ON THE SECOND READING"
ORDINANCES ON FIRST READING
47. Ord. to amend Section 6-201 of the Omaha Municipal Code entitled "Vaccination
- Required"; to revise the requirement for revaccination against rabies from
annually to every three years; to repeal the section as heretofore existing; and to
provide an effective date - see attached.
CCID # 1000 - Hearing 8/5/03
48. Ord. to amend Section 10-196 of the Omaha Municipal Code to allow that the
DBE/PBE documentation required by this Section to be submitted by bidders by
3 o'clock p.m. on the same date as the bid opening; and to provide for the
effective date hereof- see attached.
CCID # 1002 - Hearing 8/5/03
49. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning
employment classifications by amending the salary level of the employment
classification entitled Crime Prevention Coordinator; to repeal Section 23-177 as
heretofore existing; and to provide the effective date hereof- see attached.
CCID # 982 - Hearing 8/5/03
50. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning
employment classifications by amending the salary level of the employment
classification entitled Environmental Quality Control Supervisor; to repeal Section
23-177 as heretofore existing; and to provide the effective date hereof - see
attached.
CCID # 983 - Hearing 8/5/03
51. Ord. to accept the bid of Cornhusker Metal Fabrication to approve a Purchase
Order for on-site welding of City owned vehicles/equipment for calendar years
2003 through 2004, to authorize payment from appropriations of more than one
fiscal year, in accordance with the provision of Section 5-17, Home Rule Charter
of 1956, as amended; to provide the effective date hereof - see attached.
CCID # 981 - Hearing 8/5/03
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CONDEMNATION - APPEAL
52. Geraldine Parker appeals the condemnation of a one-story wood frame dwelling
located at 2005 North 40th Street - see attached. ((PUBLIC HEARING TODAY -
ACTION CAN BE TAKEN TODAY))
CCID # 994 - Motion to lay over 10 wks. to 10/7/03 Carried 7-0
(a) Pictures submitted by Kevin Denker, Chief Housing Inspector, re:
condemnation appeal of property located at 2005 North 40th Street.
# 994 - Over to 10/7/03
EXECUTIVE SESSION
53. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
ADJOURNED: 3:16 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.
http://www.ci.omaha.ne.us/
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SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR JULY 29, 2003
LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED July 28, 2003 AT 2:15 P.M.
ADDITIONAL RESOLUTION
54. Res. that this Council congratulates and honors President Gerald R. Ford on his
90th birthday and asks the residents of the City of Omaha, Nebraska, to join in
this celebration in recognition of the 38th President of the United States -
President Gerald R. Ford - see attached. ((PUBLIC HEARING TODAY - CAN BE
ADOPTED TODAY))
Res. # 1026 - Adopt 7-0.
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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.
Web Site: www.ci.omaha.ne.us
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