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Formal Agenda/Action

 

					
               ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
                          MONDAY, MARCH 8,  2004 AT 1:30 P.M.
                     

	MAYOR'S AWARD OF EXCELLENCE - OFFICER TODD HRUZA OF THE LINCOLN
            POLICE DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY.
   
                                 
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of 
                Renae Guthard for Lone Star Steak House & 
                Saloon of Nebraska, Inc. dba Lone Star
                Steakhouse & Saloon at 200 N. 70th Street. 
                (ADOPTED FOR APPROVAL, 6-0;A-82608)

2)             Application 
               of Fast Break, Inc. dba Fast Break - Old
               Cheney for a Class D spirits,wine, beer,
               Off-sale)liquor license at 5640 S. 16th 
               Street. (ADOPTED FOR APPROVAL, 6-0;
               A-82609)   

3)             Manager application of
               Ranjit Singh for Fast Break, Inc. dba Fast 
               Break - Old Cheney at 5640 S. 16th Street.
                (ADOPTED FOR APPROVAL, 6-0; A-82610)

4)             Application of ACR Corporation 
               dba Jake's Cigars for a Class D (spirits,
               wine, beer, off-sale)liquor license at 114 N.
               14th Street. (ADOPTED FOR APPROVAL, 4-2; 
               COOK, MCROY DISSENTING; A-82611)

5)             Manager application of
               Alex C. Roskelley for ACR Corporation dba 
               Jake's Cigars at 114 N.14th Street.
               (ADOPTED FOR APPROVAL, 4-2; COOK, 
               MCROY DISSENTING; A-82612)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 6 THRU 16 HAD 2ND READING)

6)  04-35      Approving a Lease Agreement between
               Nebraska Golf & Turf, Nebraska National
               Bank, and the City for the lease of 225
               golf cars and 14 utility vehicles for
               use by the City Parks and Recreation
               Department. (3/1/04 - P.H. Con't to
               3/8/04)
               Fact Sheet (48K)
               Attachment (368K)
							 
7)  04-36      Approving a Lease Agreement between Nebraska
               National Bank, and the City for golf
               course and park maintenance equipment
               at Holmes and Mahoney Golf Courses.
               (3/1/04 - P.H. Con't to 3/8/04)
               Fact Sheet (50K)
               Attachment (194K)
							 
8)  04-37      Approving two three-year/5,000 hour
               lease agreements with a buyout option
               between the City and Elgin Sweeper
               Company to provide two four-wheeled
               street sweepers for sweeping of
               residential and arterial streets.
               Fact Sheet (57K)
               Attachment (658K)
							 
9   04-38      Amending § 2.76.040 Definitions of the
               Lincoln Municipal Code to allow police
               trainees to participate in the City's 
               health care plan.
               Fact Sheet (50K)
							 
10) 04-39      Amending the pay schedule for the employee
               group prefixed by the letter A by amending
               the pay schedule for the job classifications
               of Operations Quality Assurance Coordinator,
               Park Planning Assistant, StarTran Handi-Van
               Supervisor, and Food Production Manager; and
               changing the job title of Arborist III to
               Forestry Operations Supervisor and Arborist
               IV to City Forester.
               Fact Sheet (59K)
               Attachment (207K)
							 
11) 04-40      Amending the pay schedule for the employee
               group prefixed by the letter N by amending
               the pay range for the job classifications of
               Cook and Food Service Worker.
               Fact Sheet (48K)
							 
12) 04-41      Annexation No. 03002 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 53.52 acres of property 
               generally ocated east of southeast of the         
               intersection of South 84th Street and Highway 2.
               (In connection w/04-42, 04R-36, 04R-37,
               04R-38) Fact Sheet (420K)
							 
13) 04-42      Change of Zone 3411 - Application of Eiger
               Corporation for a change of zone from AG
               Agricultural District and AGR Agricultural
               Residential District to H-4 General
               Commercial District and B-5 Planned Regional
               Business District, on property generally
               located southeast of the intersection of
               South 84th Street and Highway 2. (In
               connection w/04-41, 04R-36, 04R-37, 04R-38)
               Fact Sheet (624K)
							 
14) 04-43 Change of Zone 04001 - Amending Chapter 
               27.82 of the Lincoln Municipal Code relating to
               impact fees by revising the definition of
               Low-Income Owner-Occupied Housing; to add
               eligibility criteria for Low-Income Owner-
               Occupied Housing exemptions from Impact Fees
               and modify the provisions regarding when a
               request for exemption must be made; and to
               modify the provisions regarding approval of
               Owner-Occupied Low-Income Housing exemption
               and reimbursement of impact fees paid.
               Fact Sheet (75K)
							 
15) 04-44      Change of Zone 04003 - Amending Sections
               27.63.680 and 27.63.685 of the Lincoln
               Municipal Code relating to the sale of
               alcoholic beverages for consumption on the
               premises and off the premises as a permitted
               special use; to delete City Council waivers
               of the special conditions for said uses; to
               delete the provision allowing for mitigation
               of adverse effects approved by the Planning
               Director when a licensed premises is located
               100 feet or closer to certain listed uses; to
               require a licensed premises to be located no
               closer than 100 feet from a park, church, or
               state mental health institution; to delete
               the requirement that a licensed premises be
               located no closer than 100 feet from
               residential uses in nonresidential districts;
               and to delete provisions prohibiting approval
               of the special permits by the Planning Commission.
               Fact Sheet (791K)
               Fact Sheet (845K)
							 
16) 04-45      Change of Zone 04004 - Application of Brian
               and Kym Pinkerton for a change of zone from
               R-3 Residential District to O-2 Suburban
               Office District on property generally located
               at the southwest corner of South 84th Street
               and Pioneers Boulevard.
               Fact Sheet (267K)
							 

PUBLIC HEARING - RESOLUTIONS

17) 04R-36    Approving Appian Way II Conditional
              Annexation and Zoning Agreement between
              Andermatt, L.L.C. and the City of
              Lincoln outlining certain conditions and
              understandings with regards to the
              annexation of approximately 53.52 acres
              of property generally located at South
              91st Street and Highway 2. (In
              connection w/04-41, 04-42, 04R-37, 04R-38)
              Attachment (78K)
              (ACTION DELAYED ONE WEEK TO 3/15/04, 6-0)		
					
18) 04R-37    Special Permit 2046 - Application of Eiger
              Corporation to develop a Planned Service
              Commercial area in the H-4 General Commercial
              District consisting of 73,200 sq. ft. of
              commercial and retail floor with waivers to
              the required preliminary plat process, to allow
              a cul-de-sac in excess of 1,000 feet; to reduce 
              setbacks from 20 feet to zero feet adjacent to 
              outlots, to not require a sidewalk along Highway
              2 and South 87th Street, and to allow the transfer
              of sewage from one drainage basin to another, on
              property generally located southeast of the 
              intersection of South 84th Street and Highway 2. 
              (In connection w/04-41, 04-42, 04R-36, 04R-38)
              Fact Sheet (920K)
              (ACTION DELAYED ONE WEEK TO 3/15/04, 6-0)
							
19) 04R-38    Use Permit No. 150 - Application of Eiger
              Corporation to develop 284,300 sq. ft. of
              commercial and retail floor area with waivers to
              the required preliminary plat process, to allow a
              cul-de-sac in excess of 1,000 feet; to reduce
              setbacks from 20 feet to zero feet adjacent to
              outlots, to not require a sidewalk along Highway 2
              and South 87th Street, and to allow the transfer
              of sewage from one drainage basin to another, on
              property generally located southeast of the
              intersection of South 84th Street and Highway 2.
              (In connection w/04-41, 04-42, 04R-36, 04R-37)
              Fact Sheet (917K)
              (ACTION DELAYED ONE WEEK TO 3/15/04, 6-0)		

20) 04R-39    Approving an Agreement between the City and                             
              County to provide the City with an appropriate
              facility at the County Youth Assessment Center for
              temporary detention of juveniles taken into
              custody by the Lincoln Police Department.
              Attachment (166K)
              (ADOPTED, 6-0;A-82613)		
					
21) 04R-40 Amending Resolution No. A-79824 for Use
              Permit No. 116, authorizing 216,000 square feet of 
              commercial space on property generally located at 
              84th and Holdrege Streets, to correct the legal
              description of the property. (ADOPTED, 6-0; 
              A-82614)

22) 04R-41    Approving an Addendum to extend the term of               
              an Agreement between the City and St. Elizabeth
              Health System to provide discounted medical
              services at the St. Elizabeth Regional Medical
              Center, St. Elizabeth Company Care and Linc Care
              facilities for the treatment of City and LES
              Workers Compensation injuries and illnesses.
              Fact Sheet (45K)
              Attachment (375K)
              (ADOPTED, 6-0; A-82615) 							

23) 04R-42    Approving an Agreement between the City and
              the Nebraska Department of Roads for Project No.
              STPB-55 (149) for the construction of a concrete
              pedestrian and bicycle trail known as The Antelope
              Creek Trail - Phase I.
              Fact Sheet (43K)
              Attachment (402K)
              (ADOPTED, 6-0; A-82616)							

                          - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS 

24)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
               Change of Zone 04002 - App. of Stone Bridge Creek
                    LLC from R-3 to B-2 on property at North
                    14th Street and Arbor Rd.
               Change of Zone 04008 - App. of Brian D. Carstens
                    Associates to amend Section 27.28.080 (b) and
                    (d) of the LMC to amend parking lots in the
                    R-T zoning district when located adjacent to
                    non-residential uses.
               Change of Zone 04012 - App. of Brian D. Carstens &
                    Assoc. from AGR to  R-3 on property located at SW
                    27th Street and South
                    Street.
               Change of Zone 04013 - App. of Hartland Homes,
                    Inc. from AG to R-3 on property located at NW
                    56th Street and
                    West Holdrege Street.
               Change of Zone 04014 - App. of Ridge Development
                    Co. to amend Sections 27.31.030, 
                    27.31.0.040, 27.37.020 and 27.37.025 of the
                    LMC regarding new and modified alcohol sales
                    conditions.
               Special Permit Amendment 04002 - App. of First
                    Plymouth Congregational Church to amend Special
                    Permit 684 to expand lot area coverage on
                    property a 2000 D Street.
               Special Permit 04004 - App. of Stone Bridge Creek
                    LLC to amend the Stonebridge Creek Community Unit
                    Plan by amending the boundary at North 14th Street
                    and Arbor Rd.
               Special Permit 04007 - App. of CenterPointe Inc.
                    for a health care facility at North 26th Street 
                    and P Street.
               Special Permit 04010 - App. of Potential II, LLC
                    for the authority to sell alcoholic beverages 
                    for consumption on the premises at 7301 South
                    27th Street.

25)            Setting the Hearing Date of March 22, 2004 at 1:30
               p.m. for Man. App. of James R. Chapin for
               Whitehead Oil Company dba "U-Stop Convenience
               Shop" at 2925 NW 12th Street. (ADOPTED, 6-0; 
               A-82617)

26)            Setting the Hearing Date of March 22, 2004 at 1:30
               p.m. for Man. App. of Michael R. Patton for Risky,
               Inc. dba "Risky's Sports Bar & Grill" at 4680
               Leighton Ave.  (ADOPTED, 6-0; A-82618)

27)            Setting the Hearing Date of March 22, 2004 at 1:30
               p.m. for App. Of MVB, Inc dba "Caffe Italia" for a
               Class I liquor license at 2110 Winthrop Rd., 100A.
               (ADOPTED, 6-0; A-82619)

28)            Setting the Hearing Date of March 22, 2004 at 1:30
               p.m. for App. of Four Suns Restaurant Inc. dba
               Four Suns Restaurant for a Class I liquor license
               at 3239 S. 13th St. (AMENDED TO HAVE PUBLIC 
               HEARING ON 3/29/04 @ 5:30 P.M., 6-0)


29)  MISCELLANEOUS REFERRALS

              Approving the distribution of funds representing 
              interest earnings on short-term investments of Idle 
              Funds during the month ended January 31, 2004.  
              (ADOPTED, 6-0; A-82621)

              Report from City Treasurer of Telecommunications 
              Occupation Tax for the month of January, 2004: IBM
              Global, Quantum Shift, United Systems Access, 
              T-NetId Telecom., Nebraska Technology & Telecomm.
              (PLACED ON FILE)

	        Setting the Hearing Date of March 22, 2004 at 
              1:30 p.m. for the App. of Double Eagle Beverage 
              LLC for a request of an addition of a beer storage 
              area approx. 57' x 97' to the east, and two dock area
              30' x 30' to the east and 40' x 30' to the South at 
              5840 N.70th Street.(ADOPTED, 6-0;A-82622)

              Setting the Hearing Date of March 22, 2004 at 
              1:30 p.m. for the App. of North Forty Golf, Inc. dba 
              "North Forty Golf" for a Class "C" liquor license at 
              8101 Adams Street.  (ADOPTED,6-0; A-82623)

              Clerk's Letter and Mayor's Approval of Resolutions 
              and Ordinances passed by Council on March 1,2004.
              (PLACED ON FILE)


REPORTS OF CITY OFFICERS

30)            Investment of Funds for the week of February 23
               thru February 27, 2004.  (ADOPTED, 6-0; A-82624)

31)            Report from City Treasurer Telecommunication
               Occupation Tax for the month of December, 2003:
               Association Administrators; January, 2004: Qwest,
               ACN Comm., Buyers United, Trans Nat'l, Verizon
               Select, Touch America, Global Crossing, C III
               Comm., Virgin Mobile, TracFone, Working Assets,
               Cricket, Primus, Bell Atlantic, On Star, Norstan,
               AT&T, Nextel, MCI WorldCom, One Call, McLeod USA,
               Guaranteed Phone, XO Long Distance, Voicecom,
               Cincinnati Bell, Intelicall, Alltel Comm. of
               Nebraska, Alltel Nebraska, Alltel Systems of the
               Midwest, Sprint. (PLACED ON FILE)

32)            Report of the Lincoln Water & WasteWater System
               Recapitulation of Daily Cash Receipts for 
               February 2004. (PLACED ON FILE) 


                             - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 33 THRU 35 HAD 1ST READING)    
  
33)  04-46     Amending the Lincoln Municipal Code by
               repealing Section 24.50.050, Permits and
               Inspections for private water and sewer main
               installation.
               Fact Sheet (57K)
							 
34)  04-47     Amending Section 14.40.030 of the Lincoln
               Municipal Code pertaining to block party
               permits to indicate issuance by the
               Department of Public Works and Utilities and
               requiring a damage deposit from the
               applicant.

35)  04-48     Authorizing a transfer of unspent and
               unencumbered appropriations and cash between
               certain capital improvement projects within
               the Sanitary Sewer Construction Fund, Water
               Construction Fund and Landfill Revenue 
               Fund.
               Fact Sheet (59K)
							 

ORDINANCES - 3RD READING

36)  04-19     Vacation 03014 - Vacating a portion of the
               east west alley from vacated South 26th
               Street to South 27th Street, between N and
               "O" Streets.
               Fact Sheet (168K)
               (ACTION DELAYED FOR 3 WEEKS TO 3/29/04, 6-0)
							 
37)  04-24     Amending Chapter 3.20 of the Lincoln
               Municipal Code relating to Street Improvement
               Vehicle Tax to create the Residential
               Rehabilitation Fund to be used only for the
               purpose of rehabilitating existing
               residential streets. (3/01/04 -
               Action delayed one week to 3/8/04)
               (ACTION DELAYED ONE WEEK TO 3/15/03)

38)  04-25     Vacation 03019 - Vacating a portion of
               Whitewater Lane at North 15th Street.
               Fact Sheet (148K)
		   (PASSED, 6-0;#18310)
					 
39)  04-28     Vacation 03022 - Vacating a portion of the
               alley adjacent to Rock N Roll Runza 
               generally located at 14th and P Streets.
               Fact Sheet (755K)
               (LOST, 2-4; CAMP, SVOBODA ASSENTING; 
               #38-4461)

40)  04-29     Change of Zone 79HP - Application of the
               Alpha Xi Delta Building Association to
               designate the Alpha Xi Delta Sorority House
               at 1619 R Street as a landmark.
               Fact Sheet (491K)
               (PASSED, 6-0; #18311)
							 
41)  04-30     Change of Zone 80HP - Application of Michael
               and Carol James to designate the R..O. Stake
               House at 145 S. 28th Street as a landmark.
               Fact Sheet (292K)
               (PASSED, 6-0; #18312)

42)  04-34     Street Name Change 04001 - Renaming South
               23rd Street in Stone Ridge Estates 2nd
               Addition and Tamarin Ridge Addition as Herel
               Street extending to Vavrina Lane.
               Fact Sheet (154K)
		   (PASSED, 6-0; #18313)

PENDING LIST - DATE CERTAIN 

43)  03-65     Amending Chapter 4.62 of the   
               Lincoln Municipal Code to establish a 
               Police and Fire Pension Plan Board of 
               Trustees to provide oversight and direction 
               with regard to the investment of the assets
               of the Police and Fire Pension Plans.
               (05/05/03 - Placed on Pending)
               (3/1/04 - To have Public Hearing &
               Action on 3/15/04

44)  04-21     Amending Title 12 of the Lincoln
               Municipal Code relating to Parks by
               adding a new Chapter 12.22, Enhanced
               Median, Roundabout, and Cul-de-sac
               Center Island Landscaping, to provide
               conditions for the placement of enhanced
               landscaping in median roundabout and
               cul-de-sac center island area by an
               abutting property owner. (3/1/04 -
               3rd Reading delayed w/con't Public Hearing
               & Action 4/5/04) 


PENDING LIST   (EXTENDED ONE WEEK)  

45) 00-65 Change of Zone 3196 - App. of the
               Interim Planning Director for a change
               from B-1 Local Business & R-3 Residential 
               to B-2 Planned Neighborhood Business & 
               from R-3 Residential to AGR Agricultural 
               Residential, on property generally located
               at S. Coddington Ave. & W. Van Dorn St.
               (In connection w/00-67)(4/17/00 - Placed on Pending)
               (3/5/01 - Placed on Pending)
               Fact Sheet (1.4M)

46)  00-67 Change of Zone 3247 - 
              App. of the Interim Planning Director for
              a change from AGR Agricultural Residential 
              & R-3 Residential to B-2 Planned Neighborhood
              Business, on property generally located on the
              southwest corner of S.Coddington Ave. & W.
              Van Dorn St.(In connection w/00-65)
              (4/17/00 - Placed on Pending) 3/5/01 - 
              Placed on Pending)
              Fact Sheet (949K)

47)  01-39 Vacating the south 40'
              of X St. adjacent to Lot 1, Block 6, North 
              Lincoln Add.,generally located at N. 9th &
              X Sts. (4/2/01 - Action delayed for two weeks 
              to pending for 3 months 7/16/01)(7/9/01 - 
              To remain on Pending)
              Fact Sheet (1.1M)

48)  01-182   Amending Chapter 5.36 of the 
              Lincoln Municipal Code relating to Peddlers
              by adding a new section to prohibit use by
              peddlers of any truck over 21 feet in length
              in any residential zoning district, except for
              the purpose of delivery goods. (12/17/01 - 
              Placed on Pending until 1/14/02)(1/7/02 -
              To remain on Pending)
              Fact Sheet (4K)

49)  02-31    Vacating a 5' x 30'6" 
              portion of North 7th Street adjacent to the 
              south 37'of Lot 9, Block 32, Original Plat
              of Lincoln, generally located at N. 7th and P
              Streets. (3/18/02 - Public Hearing Cont'd.
              w/3rd Reading)(3/25/02- Action delayed to 
              4/8/02) (In connection w/02R-64) (4/8/02 - 
              Placed on Pending until policy recommendation
              from Urban Development)
              Fact Sheet (699K)

50)  02-114   Amending Chapter 2.54 
              of the Lincoln Municipal Code by adding a 
              new section entitled "Standards of Ethical
              Conduct for Employees and Elected Officials"
              to supplement the existing conflicts of interest 
              regulations. (7/29/02 - Placed on Pending until
              a committee is formed)
              Fact Sheet (4K)

51) 02R-259   Comp. Plan Amendment 
              02001.A - Application of Realty Trust Group to 
              amend the 2025 Lincoln-Lancaster County
              Comprehensive Plan to change the designation 
              from Agriculture to Urban Residential and 
              Commercial uses, on property generally located 
              at the northeast corner of 84th and Van Dorn 
              Streets. (11/18/02 - Pending Indefinitely)
              Fact Sheet (241K)

52)           Appeal Denial of Request for Categorical 
              Exemption from Impact Fees Submitted by Peter
              Katt on Behalf of Mary Jo Livingston and Mount
              Olive Evangelical Church.  (9/15/03 - Approved
              Hearing Date of 10/6/03 at 1:30 P.m , 7-0.
              9/22/03 - Re-set hearing date to 10/20/03
              (Applicant has requested to place on Pending)

53)  04-13 Change of Zone 3429 - 
              Application of William Krein for a change
              of zone from R-4 Residential District to R-T
              Residential Transition District on property
              generally located at S. 56th Street and Pine
              Lake Road. (2/2/04 - Public Hearing &
              Action con't to 3/1/04) (3/1/04 - Placed on
              Pending)
              Fact Sheet (825K)
							
54)  04R-12Special Permit 1713B - Application of
              William Krein to amend the boundaries of 
              Aspen 3rd Addition Community Unit Plan and 
              add ten residential lots for a total of 205
              single family, townhouse, and multi-family
              units on property generally located at S.
              56th Street and Pine Lake Road. (In 
              connection w/04R-13, 04-13) (2/2/04 - P.H.
              & Action con't. to 3/1/04) (3/1/04 - Placed on
              Pending) Fact Sheet (785K)

55) 04R-13 Use Permit 155 - Application of William 
              Krein to construct nine 5,000 sq. ft. office
              buildings on property generally located at S. 
              56th Street and Pine Lake Road. (In
              connection w/04R-12, 04-13) (2/2/04 - 
              P.H. & Action Con't. to 3/1/04) (3/1/04
              - Placed on Pending)
              Fact Sheet (762K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, MARCH 15, 2004 AT 1:30 P.M.: 
                                                 (APPROVED, 6-0)

56)  04R-43   Authorizing the calling for redemption of
              outstanding Q, O, P, R/North Haymarket
              Redevelopment Project Tax Allocation and 
              Refunding bonds in the amount of $120,000.00.

57)  04R-44   Reappointing Joy E. Patten to the StarTran
              Advisory Board for a three-year term 
              expiring October 20, 2006.

58)  04R-45   Appointing Susan Epps to the StarTran Advisory
              Board to fill an unexpired term expiring 
              October 20, 2005.
              Attachment (30K)
							
59)  04R-46   Approving a Funding Agreement between the City and
              State Department of Roads to obligate
              Federal and State funds for the Regional
              Intelligent Transportation Systems
              architecture development project. 
              Fact Sheet (294K)
              Attachment (30K)

							
60)  04R-47   Accepting the report of new and pending claims
              against the City and approving disposition 
              of claims set forth therein for the period 
              of February 16 - 29, 2004.
              Fact Sheet (14K)
              Attachment (35K)
														
							
Please note: During the open microphone & registered section of
the agenda, individuals are allowed a total of 5 minutes to speak
whether registered or not regardless of number of
topics.


     ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER
     LISTED ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
     CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
     AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
     WEDNESDAY (3/10/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (3/15/04).

ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS 
           AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA,
           MAY DO SO AT THIS TIME.





ADJOURNMENT  5:06 P.M. 




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