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Formal Agenda



          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, MARCH 10, 2008 AT 5:30 P.M.


                      ALL MEMBERS PRESENT


Anyone wishing to address an item on the Consent Agenda may
do so at this time


               In appreciation for Dana Roper's 34 years of
               exemplary service to the City of Lincoln. 
               (ADOPTED, 7-0; A-84765)


                        PUBLIC HEARING

                       -CONSENT AGENDA-

REPORTS OF CITY OFFICERS
               
 1)            Setting the interest rate and levying the
               assessments on Special Assessment Group I
               of the Board of Equalization held March 3,
               2008. (ADOPTED, 7-0; A-84765)

 2)            Accepting the report on Board of Equalization to
               City Council on Special Assessment Group I Water
               District 1197.(APPROVED, 7-0)

 3)            Lincoln Water & WasteWater System Recapitulation of
               Daily Cash Receipts for February 2008. (PLACED ON FILE)
               
 4)            Report from City Treasurer of Franchise tax  for
               the month of January, 2008 from Aquila. (PLACED
               ON FILE)

 5)            Report from City Treasurer of Telecommunication
               Occupation Tax for Jan.-Dec., 2007: Talk
               America; Oct.-Dec., 2007: Matrix, TWC Digital
               Phone, Accessline, IDT, AireSprings, AirCell,
               Caused Based Commerce, PNG, Comtel,
               Telenational, MegaPath, OPEX, Southwest,
               Reliance, Startec Global,Windstream Nebraska:
               December, 2007: TWC Digital Phone, Windstream
               Nebraska, Windstream Systems of the Midwest,
               Cricket, AT&T of Midwest, New Cingular Wireless,
               USCOC of Greater Iowa, Nebraska Technology &
               Telecomm.,Trans National, Global Crossing,
               Verizon Select, Network Billing, Business Prod.
               Solutions, CIMCO, Ton Services, Norstan Network,
               Guaranteed Phone, IBM Global, Quantum Shift,
               KDDI America, Advanced Tel, Tracfone Wireless,
               LDMI, Intellicall Operator, Earthlink, XO
               Communications, VoiceCom, Verizon-Bell Atlantic,
               Primus, TCG Omaha, Global Crossing Bandwidth,
               Broadwing, USCOC of Nebraska/Kansas, McLeod USA,
               GlobalStar USA, Qwest, On Star, Telecorp, Virgin
               Mobile USA, Working Assets Funding, UCN, ACN,
               Wholesale Carrier, Movida, Who's Calling,
               Broadband Dynamics, Airnex, Cincinnati Bell
               Distance, New Eagle; January, 2008: AT&T Comm.
               of Midwest, Level 3, TWC Digital, Comtel Telcom
               Assets, ACN, Qwest, Level 3, Globalcom, TCG
               Omaha, SBC Long Distance, First Comm, Nextel
               West, Acceris, GTC Telecom, Tri-M, Enhanced,
               Lightyear, Zone, Covista, 360onetwork (USA), ATS
               Mobile, Unite Private Networks, NOS, NOSVA,
               Business Telecom, Windstream Systems of the
               Midwest, Windstream Nebraska, One Verizon Way,
               Sprint Spectrum, Sprint Comm., AT&T Comm. of
               Midwest, Nextel, Alltel, Alltel Communications
               of Nebraska, D&D. (PLACED ON FILE)

 6)            Report from City Treasurer of Emergency 911 Tax
               for the month of January, 2008 from AT&T Comm.
               of Midwest and Budget Phone. (PLACED ON FILE) 
 

PETITIONS & COMMUNICATIONS

 7)  MISCELLANEOUS REFERRALS

                          - END CONSENT AGENDA - 


PUBLIC HEARING                  
LIQUOR RESOLUTIONS

 8)            Application of Grandstand LLC dba The Element
               for a Class I liquor license at 5601 South
               56th Street, Suite 21. (ADOPTED FOR APPROVAL,7-0;
               A-84767) 

 9)            Manager application of Christy L. White for
               Grandstand LLC dba The Element at 5601 South
               56th Street, Suite 21.  (ADOPTED FOR APPROVAL,
               7-0; A-84768)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 14 HAD 2ND READING; SEE ITEMS 10, 11, & 12)

10)  08R-37    Approving an Interlocal Agreement between the
               City and County for the improvement of Alvo Road
               generally from N.W. 12th Street to N. 16th
               Street, and N. 14th Street north and south of
               Alvo Road. (Related Items: 08R-37, 08R-38, 08-9)
               (Action Date: 2/11/08) (2/11/08 - P.H. & Action 
               con't. to 3/3/08) (3/3/08 - PH & Action Con't. 
               to 3/10/08) (ADOPTED, 7-0; A-84769)
               Fact Sheet (77K)
               Attachment (275K)

11)  08R-38    Approving the Second Amendment to the Fallbrook
               Annexation Agreement between the City and NEBCO,
               Inc. for the improvement of Alvo Road generally
               from N.W. 12th Street to N. 1st Street, and the
               future design of N.W. 12th Street from Alvo Road
               to Highway 34. (Related Items: 08R-37, 08R-38,
               08-9) (Action Date: 2/11/08) (2/11/08 - P.H. & 
               Action con't. to 3/3/08) (3/3/08 - PH &
               Action Con't. to 3/10/08) (ADOPTED, 7-0; A-84770)
               Fact Sheet (87K)
               Attachment (29K)

12)  08-9      Amending the Highway Allocation Bond Ordinance 
               #18863 to revise the project description for Alvo 
               Road to include the improvement of Alvo Road 
               generally from  N.W. 12th Street to N. 16th 
               Street, and N. 14th Street north and south of 
               Alvo Road. (Related Items: 08R-37, 08R-38, 
               08-9)(Action Date: 2/25/08) (2/11/08 - P.H. &
               Action con't. to 3/3/08) (3/3/08 - PH & Action 
               Con't. to 3/10/08) (PASSED, 7-0; #19058)
               Fact Sheet (97K)

13)  08-21     Creating Alley Paving District No. 364 in the 
               alley from D Street to F Street, between 33rd 
               Street and 34th Street, and assessing the costs 
               thereof against the benefitted property.
               Fact Sheet (58K)
               Attachment (973K)

14)  08-22     Approving a lease agreement between B&J Partnership 
               Ltd. and the City of Lincoln for office space at 
               850 Q Street for a period of March 1, 2008 through 
               February 29, 2012.
               Fact Sheet (165K)
               Attachment (608K)
               Motion To Amend 1 (1199K)


PUBLIC HEARING - RESOLUTIONS

15)  08R-51    Approving the City of Lincoln Redevelopment
               Agreement (Sawmill Project) between the City and
               Sawmill Building Partnership for the redevelopment 
               of an existing building generally located at 8th 
               and S Streets into approximately 21,000 square feet 
               of office/retail use (Redevelopment Improvements); 
               and the removal and relocation of sanitary sewer 
               and LES electrical lines and the construction of
               sidewalks, street curb modes, driving isle and
               streetscape improvements in proposed vacated S
               Street.(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84771)
               Attachment (2161K)
               Motion To Amend 1 (10489K)

16)  08R-66    Comprehensive Plan Conformance 08001 - Adopting
               the South 19th Street Redevelopment Plan on
               property generally bounded by South 18th Street
               on the west, South 19th Street on the east,
               including lots on the east side and abutting
               South 19th Street, by Washington Street on the
               north and Garfield Street on the south.
               (DELAYED FOR ONE WEEK W/PUBLIC HEARING & 
               ACTION ON 3/17/08, 7-0)
               Attachment (3714K)

17)  08R-67    Approving appropriations in the amount of
               $34,610 from the operation of Keno Lottery Funds
               for various human services.(ADOPTED, 7-0; A-84772) 
               Attachment (44K)

                         - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 THRU 25 HAD 1ST READING)

18)   08-24    Amending Section 9.36.100 of the Lincoln Municipal
               Code relating to Unlawful Possession of Firearms,
               to amend subsection (a)listing the offenses for 
               which a conviction within the last ten years 
               prohibits a person from possessing a firearm to 
               include the offense of "criminal attempt" when 
               the crime attempted is a felony or violation of 
               any of the Nebraska State Statute misdemeanors 
               listed in Section 9.36.100(a). 
               Fact Sheet (23K)

19)  08-26     Change of Zone 3312 - Application of Ridge
               Development Company for a change of zone from 
               R-3 Residential District to B-2 Planned Neighborhood 
               Business District on property generally located at 
               N. 14th Street and Fletcher Ave. (Related Items
               08-26, 08R-71) (Action Date: 3/24/08)
               Fact Sheet (563K)

20)  08R-71    Use Permit 135 - Application of Ridge Development 
               to develop approximately 198,825 sq. ft. of retail 
               floor area, with waivers to reduce the front yard 
               setbacks and internal yard setbacks, on property 
               generally located at N. 14th Street and Fletcher 
               Ave. (Related Items 08-26, 08R-71) (Action Date: 
               3/24/08)
               Fact Sheet (799K)

21)  08R-74    Approving the 14th and Alvo Road Conditional
               Annexation and Zoning Agreement between
               Lancaster County School District 001 and the
               City of Lincoln relating to the annexation of
               approximately 40 acres of property generally
               located southwest of N. 14th Street and Alvo
               Road.. (Related Items: 08R-74, 08-27, 08-28)
               (Action Date: 3/24/08)
               Attachment (125K)

22)  08-27     Annexation 07004 - Amending the Lincoln Corporate 
               Limits Map by annexing approximately 40 acres of 
               property generally located southwest of N. 14th 
               Street and Alvo Road. (Related Items: 08R-74, 
               08-27, 08-28) (Action Date:3/24/08)
               Fact Sheet (963K)
               Attachment (72K)

23)  08-28     Change of Zone 07062 - Application of Lincoln Public
               Schools for a change of zone from AG Agricultural 
               District to R-3 esidential District, on property 
               generally located southwest of N. 14th Street and 
               Alvo Road. (Related Items: 08R-74, 08-27, 08-28) 
               (Action Date: 3/24/08)
               Fact Sheet (994K)

24)  08-29     Change of Zone 08007 - Application of Murray and
               Laurie Dunn for a change of zone from AGR Agricultural
               Residential District to R-3 Residential District on 
               property generally located at 6610 S. 84th Street.
               Fact Sheet (201K)

25)  08-30     Change of Zone 08006 - Amending Section 27.45.020 of 
               the Lincoln Municipal Code to add churches as a 
               permitted use in the H-4 General Commercial District.
               Fact Sheet (47K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

26)  07-97     Change of Zone 07022 - Application of Hoppe Partners 
               Ltd. for a change of zone from R-6 Residential District 
               to B-4 Lincoln Center Business District on property 
               generally located at the southeast corner of S. 19th 
               and L Streets. (Request to place on Pending) (6/25/07 - 
               Placed on Pending Indefinitely)(Request to Remove from 
               Pending) (2/25/08 - To have P.H. 3/3/08 w/Action 3/10/08)
               (PASSED, 7-0; #19049)
               Fact Sheet (638K)

27)  08-12     Amending Section 12.20.050 of the Lincoln Municipal 
               Code relating to permits and requirements for planting, 
               maintaining, removal, and destruction of trees along
               public ways to incorporate the Street Tree Voucher 
               Program.(PASSED, 7-0; #19050)
               Fact Sheet (141K)

28)  08-13     Vacation No. 07009 - Vacating N. 1st Street from the 
               north right-of-way line of Q Street to the north property 
               line of Lot 57 I.T. (Related Items: 08-13, 06R-60)
               (Action Date: 3/10/08)(PSSED, 7-0; #19051)
               Fact Sheet (901K)

29)  08R-60    Approving a Conservation Easement Agreement between 
               People's City Mission Home and the City of Lincoln over 
               approximately .92 acres generally located at N. 1st and 
               Q Street, to preserve flood storage capacity of the easement
               area. (Related Items: 08-13, 06R-60) (Action Date: 3/10/08)
               (ADOPTED, 7-0; A-84773)
               Attachment (262K)

30)  08-14     Annexation 08001 - Amending the Lincoln Corporate Limits 
               Map by annexing approximately 9.22 acres of property
               generally located at N. 56th Street and Alvo Road. 
               (Related Items 08-14, 08-15)(Action Date: 3/10/08)
               (PASSED, 7-0; #19052)
               Fact Sheet (902K)
               Attachment (37K)

31)  08-15     Change of Zone 08001 - Application of Hartland Homes, 
               Inc. for a change of zone from AG Agricultural District 
               to H-4 General Commercial District on property generally 
               located at N. 56th Street and Alvo Road. (Related Items 
               08-14, 08-15) (Action Date: 3/10/08)
               (PASSED, 7-0; #19053)
               Fact Sheet (823K)

32)  08-19     Change of Zone 08005 - Amending Section 27.63.280 of 
               the Lincoln Municipal Code relating to Zoning Code
               Special Permits to allow a special permit to be 
               granted for the expansion or enlargement of a premises 
               devoted to or occupied by buildings or structures, the 
               use of which constitutes a nonconforming or nonstandard use.
               (PASSED, 7-0; #19054)
               Fact Sheet (70K)

33)  08-16     Change of Zone 08002 - Application of Olderbak Enterprises 
               North, LLC and Foster Investment, LLC for a change of zone 
               from R-2 Residential District to B-1 Local Business District 
               on property generally located at the Northwest corner of S.W. 
               6th Street and West A Street. (PASSED, 7-0; #19055)
               Fact Sheet (938K)

34)  08-18     Change of Zone 08004 - Application of Olderbak Enterprises 
               North, LLC for a change of zone from R-T Residential
               Transition District to B-1 Local Business District on 
               property generally located at N. 48th Street and Hartley 
               Street.(PASSED, 7-0; #19056)
               Fact Sheet (696K)

35)  08-20     Adopting the supplements to the Lincoln Municipal Code 
               dated June, 2007 and December, 2007 as part of the 
               official Lincoln Municipal Code.
               PASSED, 7-0; #19057)
               Fact Sheet (18K)

36)  08R-64    Directing submittal to the qualified electors of the City 
               a proposed Charter amendment amending Article VII, Section 5 
               relating to conflicts of interest to prohibit elected officials 
               and department directors from entering into contracts with the 
               city either individually or through a business in which he or 
               she has a direct or indirect ownership interest and to require 
               that a declaration of a conflict of interest must be recorded 
               in the minutes of the meeting when so declared; to clarify that
               unfulfilled portions of contracts in violation of the conflict 
               of interest provisions may be voided by the mayor or city 
               council; and to gender neutralize the existing language. 
               (3/3/08 - Carried over to 3/10/08 due to tie vote)
               (AMENDED #6, 4-3; CAMP, ESCHLIMAN, SVOBODA DISSENTING;
               LOST AS AMENDED, 3-4; COOK, EMERY, MARVIN ASSENTING; #38-4564)
               Fact Sheet (21K)


PENDING LIST - DATE CERTAIN

37)  08R-62    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 1 -
               15, 2008. (3/3/08 - Claim of Christina Collins 
               placed on Pending for 2 weeks w/con't. P.H. on 
               3/17/08)
               Fact Sheet (13K)
               Attachment (18K)

38)  08R-30    Ordering construction of Paving Unit No. 141 in
               Q Street from 35th to 36th Streets and assessing
               the cost thereof against the benefitted properties. 
               (2/25/08 - Placed on Indefinite Pending) (3/3/08 - 
               Removed from Pending to have P.H. on 3/17/08)
               Fact Sheet (61K)
               Attachment (709K)

39)  08-17     Change of Zone 08003 - Application of Olderbak 
               Enterprises North, LLC for a change of zone from 
               O-2 Suburban Office District to B-3 Commercial 
               District on property generally located northwest 
               of the intersection of S. 48th and Meredeth Street. 
               (Related Items: 08-17, 08R-65)(Action Date: 3/10/08) 
               (3/3/08 - P.H. con't. 4 weeks to 3/31/08)
               Fact Sheet (847K)

40)  08R-65    Special Permit 08007 - Appeal of Keith Sackschewsky 
               to the Planning Commission's conditional approval of 
               the application of Olderbak Enterprises North LLC 
               to expand a nonconforming use to increase the area 
               where the sale of alcoholic beverages for consumption 
               off the premises is allowed, on property generally
               located northwest of the intersection of S. 48th
               Street and Meredeth Street. (Related Items: 08-17, 
               08R-65) (Action Date: 3/10/08) (3/3/08 - P.H. con't. 
               4 weeks to 3/31/08)
               Fact Sheet (1054K)


PENDING LIST  (EXTENDED ONE WEEK;(See Item #47)

41)  02-114    Amending Chapter 2.54 of the Lincoln Municipal
               Code by adding a new  section entitled "Standards 
               of Ethical Conduct for Employees & Elected Officials" 
               to supplement the existing conflicts of interest 
               regulations. (7/29/02 - Placed on Pending until 
               a committee is formed)
               Fact Sheet (3K)

42)  05R-301   Comp. Plan Amendment No. 05011 - Amending the
               2025 Lincoln/Lancaster County Comprehensive Plan
               by changing approximately 14 acres of Public/
               Semi-Public and Green Space to Commercial use, 
               on property generally located at the southeast 
               corner of N. 84th St. and Havelock Ave. (Related 
               Items: 05R-301, 05R-302) (12/19/05 - Placed on 
               Pending Indefinitely)
               Fact Sheet (676K)

43)  05R-302   Approving a Memorandum of Understanding between
               the City and the Lancaster County Agricultural
               Society associated with the Society's request
               for a comprehensive plan amendment designating
               approximately 14.4 acres generally located on
               the southeast corner of 84th St. and Havelock
               Ave. as commercial. (Related Items: 05R-301,
               05R-302) (12/19/05 - Placed on Pending
               Indefinitely)
               Fact Sheet (676K)
               Attachment (394K)

44)  05-188    Change of Zone 3413 - Application of Landon's
               Neighborhood Assoc. for a change of zone from 
               R-4 Residential to R-2 Residential on property
               generally located at N. 24th and Superior
               Streets. (12/19/05 -Placed on Pending
               Indefinitely)
               Fact Sheet (1465K)

45)  07-73     Amending Title 20 of the Lincoln Municipal Code, 
               the Building Code, by adding a new Chapter 20.02, 
               entitled Neglected Building Registration, to 
               require registration of neglected, deteriorated 
               and/or abandoned buildings, to require the filing 
               of plans for restoration or demolition of abandoned
               buildings, and to establish penalties for violations 
               thereof. (5/7/07 - Placed on Pending, No Date 
               Certain)
               Fact Sheet (13K)

46)  07-58     Change of Zone 07010 - Application of Steve M. Champoux 
               for a change of zone from AG Agricultural District to 
               AGR Agricultural Residential District on property 
               generally located at 134th and A Streets.(Request
               of applicant to continue P.H. to 5/7/07)(4/16/07 - 
               2nd Reading & P.H. Con't. to 5/7/07 w/ Action 5/14/07)
               (Request to Delay Action w/con't. P.H. to 7/23/07) 
               (5/14/07 - Action Delayed w/con't. P.H. to 7/23/07) 
               (Request to Place on Pending - No Date Certain) (7/23/07
                - Placed on Pending - No Date Certain)
               Fact Sheet (1439K)

47)  07-139    Change of Zone 07045 - Application of Realty Trust 
               Group for a change of zone from R-3 Residential Planned 
               Unit Development to B-2 Planned Neighborhood Business 
               District on approximately 5.87 acres generally located 
               at S. 84th Street and Old Cheney Road. (9/17/07 -
               Action Delayed 1 wk. to 9/24/07) (9/24/07 - Placed on 
               Pending, No Date Certain) (Request to Withdraw)
               (REMOVED FROM PENDING AND WITHDRAWN, 7-0; #38-4565)
               Fact Sheet (399K)

48)  08-5      Comp. Plan Conformity 07025 - Declaring approximately 
               43,200 square feet generally located at N.W. 52nd Street 
               and West Huntington Ave. as surplus property and 
               authorizing the sale thereof. (1/28/08 - Action 
               Delayed 2 wks to 2/11/08) (2/11/08- Placed on Pending 
               Indefinitely)
               Fact Sheet (1803K)


 WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
    HEARING ON MONDAY, MARCH 17, 2008, AT 1:30 P.M.
                                         (APPROVED, 7-0)

49)  08R-68    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of February 16 -
               29, 2008.
               Fact Sheet (13K)
               Attachment (18K)

50)  08R-69    Amending an Interlocal Agreement between the City 
               and the Railroad Transportation Safety District for 
               the S.W. 40th Street/BNSF Overpass project (City 
               Project No. 700132) to remove the three year 
               agreement termination clause.
               Fact Sheet (48K)
               Attachment (8K)

51)  08R-70    Approving a one year/200 hour lease with option
               to renew for three one-year periods between the
               City and Platte Valley Equipment Company to provide 
               a mechanical front wheel assisted tractor to apply 
               biosolids generated at the Northeast Wastewater 
               Treatment Facility.
               Fact Sheet (68K)

52)  08R-72    Special Permit 08004 - Appeal of Land Construction, 
               Inc. to the conditional approval allowing mining/
               extraction of soil on Agricultural zoned property 
               generally located southwest of the intersection 
               of N. 40th Street and Waverly Road.
               Fact Sheet (796K)
               Motion To Amend 1 (6K)

53)  08R-73    Waiver 07009 - Application of Gerald Spahn to
               waive street paving for Q Street, sidewalks for
               Q Street and N. 36th Street, and street trees
               for Q Street and N. 36th Street, associated with
               an administrative final plat.
               Fact Sheet (361K)

54)  08R-75    Appointing Jose Quintero to the Lincoln
               Commission on Human Rights for a three-year term
               expiring December 31, 2010.
               Attachment (24K)

55)  08R-76    Comp. Plan Amendment 08001 - Amending the 2030
               Lincoln City/Lancaster County Comprehensive Plan
               to adopt the Wastewater Facilities Master Plan.
               Fact Sheet (554K)


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. The Open Microphone and Registered Section is 
available on the 2nd & Last Monday of each month.


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 IN WRITING BY 10:00 A.M. ON THE WEDNESDAY 
(3/26/08) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING 
AN OPEN MICROPHONE SESSION WHICH IS 3/31/08.


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 THE OPEN MICROPHONE SESSION. OPEN MICROPHONE SESSIONS FOR 
MARCH ARE THE 10TH AND THE 31ST.


ADJOURNMENT   7:05 P.M.


ANNOUNCEMENTS:
 March  2008 City Council Meeting Dates and Times:
          March 3  -  1:30 p.m     March 10 - 5:30 p.m.
          March 17 - 1:30 p.m.     March 24 - 1:30 p.m.
                    March 31 - 5:30 p.m.



                               ***
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      which is broadcast live at 1:30 p.m. every Monday and
          at 5:30 p.m. on the last Monday of each month
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                  on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on
the Internet at:          lincoln.ne.gov
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