Upcoming City Council Agenda For Tuesday

  • Friday, May 6, 2016

Here is the upcoming City Council agenda for Tuesday:

I. Call to Order.

II. Pledge of Allegiance/Invocation (Vice-Chairman Mitchell).

III. Minute Approval.

IV. Special Presentation.

V. Ordinances – Final Reading:

CITY ATTORNEY’S OFFICE

a. An ordinance to amend Ordinance No. 13007 to change Section 5 only to
reflect the general state election date as November 8, 2016.

PUBLIC WORKS AND TRANSPORTATION

Public Works

b. MR-2016-021 Bobby Fairbanks (Abandonment). An ordinance closing and
abandoning a sewer easement located at 7373 and 7385 Applegate Lane,
subject to certain conditions. (District 4)

c. MR-2016-022 Ashford Square Retirement Community (Abandonment). An
ordinance closing and abandoning a sewer easement located at 7683
Shallowford Road, subject to certain conditions. (District 4)

d. MR-2016-047 MAP Engineers c/o Mike Price and Peter Cory
(Abandonment). An ordinance closing and abandoning a sewer easement
located at 1813 Morris Hill Road, subject to certain conditions. (District
4)

e. MR-2016-029 M&M Industries, Inc. (Abandonment). An ordinance closing
and abandoning a sewer easement located at 6162 Enterprise Park Drive.
(District 5)

VI. Ordinances – First Reading:

PLANNING

a. 2016-052 David J. Kluttz (C-5 Neighborhood Commercial Zone to C-2
Convenience Commercial Zone). An ordinance to amend Chattanooga
City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property
located at 5277 Wilbanks Road, more particularly described herein, from
C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial
Zone, subject to certain conditions. (District 3) (Recommended for
approval by Planning and Staff)
2016-052 David J. Kluttz (C-5 Neighborhood Commercial Zone to C-2
Convenience Commercial Zone). An ordinance to amend Chattanooga
City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property
located at 5277 Wilbanks Road, more particularly described herein, from
C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial
Zone. (Applicant Version)

b. 2016-053 Adamson Developers, LLC c/o Bobby Joe Adamson (R-2
Residential Zone to R-3 Residential Zone). An ordinance to amend
Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to
rezone parts of properties located at 8062 and 8074 Old Lee Highway,
more particularly described herein, from R-2 Residential Zone to R-3
Residential Zone. (District 4) (Recommended for approval by
Planning and Staff)

c. 2016-054 Chambliss Center for Children (R-1 Residential Zone to R-2
Residential Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 402
and 406 Gillespie Road, more particularly described herein, from R-1
Residential Zone to R-2 Residential Zone. (District 5) (Recommended
for approval by Planning and Staff)

d. 2016-062 Global Southern Realty Holdings, LLC (Lift Condition). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to lift Condition No. 4 from Ordinance No. 12867 for
previous Case No. 2014-094, on property located at 7408 Bonny Oaks
Drive, being more particularly described herein. (District 6)
(Recommended for approval by Planning and Staff)

e. 2016-048 Sunnyside Properties, LLC (M-1 Manufacturing Zone to R-1
Residential Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone part of property located at
4820 Oakland Avenue, more particularly described herein, from M-1
Manufacturing Zone to R-1 Residential Zone, subject to certain conditions.
(District 7) (Planning and Staff recommends denial of R-T/Z
Residential Townhouse Zero Lot Line and approves R-1 Residential
Zone)
2016-048 Sunnyside Properties, LLC (M-1 Manufacturing Zone to R-T/Z
Residential Townhouse/Zero Lot Line Zone). An ordinance to amend
Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to
rezone part of property located at 4820 Oakland Avenue, more
particularly described herein, from M-1 Manufacturing Zone to R-T/Z
Residential Townhouse/Zero Lot Line Zone. (Applicant Version)

f. 2016-049 Sonja Y. Benning (M-1 Manufacturing Zone to R-1 Residential
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38,
Zoning Ordinance, so as to rezone property located at 109 Workman
Road, more particularly described herein from M-1 Manufacturing Zone
to R-1 Residential Zone. (District 7) (Recommended for approval by
Planning and Staff)

g. 2016-051 Duane Carleo and Mark Neal (M-1 Manufacturing Zone to C-3
Central Business Zone). An ordinance to amend Chattanooga City Code,
Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at
24 East 14th Street, more particularly described herein, from M-1
Manufacturing Zone to C-3 Central Business Zone, subject to certain
conditions. (District 8) (Recommended for approval by Planning
and Staff)
2016-051 Duane Carleo and Mark Neal (M-1 Manufacturing Zone to C-3
Central Business Zone). An ordinance to amend Chattanooga City Code,
Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at
24 East 14th Street, more particularly described herein, from M-1
Manufacturing Zone to C-3 Central Business Zone. (Applicant Version)

h. 2016-024 Belle Investment Company/Third Street Partners/Jimmy & Molly
Seal (R-4 Special Zone to C-3 Convenience Commercial Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 1028 and 1042 East 3rd
Street and 1039, 1043, and 1047 East 4th Street, more particularly
described herein, from R-4 Special Zone to C-3 Convenience Commercial
Zone, subject to certain conditions. (District 8) (Recommended for
approval by Planning and Staff) (Deferred 21 days from 4/19/2016)

i. An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, Sections 38-2; 38-184; 38-204; 38-302; and 38-568; Defining,
Regarding, and Referencing Facilities such as Boarding, Grooming,
Training, and Similar Uses for Small Animals in Article II, Definitions;
Article V, Zoning Regulations; Article VIII, Board of Appeals for Variances
and Special Permits.

j. An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, Article V, Zoning Regulations, Division 24, Flood Hazard Zone
Regulations to the Flood Insurance Rate Map Community Panel Members.

PUBLIC WORKS AND TRANSPORTATION

Transportation

k. MR-2016-038 Pryor Bacon/TTG Partnership (Abandonment). An
ordinance closing and abandoning a portion of the right-of-way along
Bush Street from North Market Street to Hamilton Avenue, detailed on
the attached map, to alleviate encroachment of existing building into
right-of-way, subject to certain conditions. (District 2) (Recommended
for approval by Transportation)

l. MR-2016-045 David Daveney and Ridgedale Baptist Church
(Abandonment). An ordinance closing and abandoning an unnamed alley
at the rear of the property located at 6400 Lee Highway, detailed on the
attached map, subject to certain conditions. (District 6)
(Recommended for approval by Transportation)

m. MR-2016-011 Claudia Pullen of SEB 2 LLC (Abandonment). An ordinance
closing and abandoning a portion of the right-of-way located in the 3800
block of St. Elmo Avenue, detailed on the attached map, on which the
existing building is located, subject to certain conditions. (District 7)
(Recommended for approval by Transportation)

n. MR-2016-034 Steward Advanced Materials, LLC (Abandonment). An
ordinance closing and abandoning a portion of the right-of-way located
along the 3500 and 3600 blocks of Jerome Avenue, detailed on the
attached map, to alleviate encroachment of the existing building into the
right-of-way, subject to certain conditions. (District 7) (Recommended
for approval by Transportation)

o. MR-2016-046 W.C. Helton (Abandonment). An ordinance closing and
abandoning a portion of the right-of-way located in the 300 block of East
36th Street and two (2) unnamed alleys, detailed on the attached map,
subject to certain conditions. (Districts 7 & 8) (Recommended for
approval by Transportation)

VII. Resolutions:

CITY ATTORNEY’S OFFICE

a. A resolution authorizing the City of Chattanooga to settle a lawsuit
concerning a claim on August 15, 2014, with Sue A. Wilson and
Gordon Wilson and their attorneys, Wooden Law Firm, P.C., subject
to the execution of a general release of all claims and a dismissal
with prejudice, in the amount of $110,000.00. (Added by permission
of Chairman Freeman)

ECONOMIC AND COMMUNITY DEVELOPMENT

b. A resolution approving the acceptance and distribution of Fiscal Year
2016-2017 Community Development Block Grant (CDBG), HOME
Investment Partnership Act Funds (HOME), and Emergency Solutions
Grant (ESG) Funds from the U.S. Department of Housing and Urban
Development (HUD) Program Income, all totaling approximately
$2,783,145.00.

GENERAL SERVICES

c. A resolution authorizing the Mayor to execute, in cooperation with the
Agawela Drive Stream Restoration Project, a Declaration of Restrictive
Covenant, in substantially the form attached, for City-owned property
located on Agawela Drive, further identified as Tax Parcel No. 147C-E-
001.03. (District 5)

d. A resolution authorizing the Mayor to execute a Property Exchange
Agreement, in substantially the form attached, with Highland Park
Commons, Inc., involving 809 S. Willow, identified as Tax Map No. 146O-V-
006, and three (3) Vance Avenue parcels, identified as Tax Map Nos.
146O-V-004.01, 146O-V-007, and 146O-V-008. (District 9)

e. A resolution authorizing the Mayor to execute quitclaim deeds, with
an effective date of May 4, 2016, conveying one hundred (100)
certain or certain combination of parcels to the approved highest
bidders on jointly owned properties of the City of Chattanooga and
Hamilton County as acquired through previous delinquent tax
sales.

MAYOR’S OFFICE

f. A resolution to confirm the Mayor’s re-appointments of Lora Dawson and
Grady Rhoden to the Hamilton County Board of Equalization.

g. A resolution to confirm the Mayor’s re-appointments of Marty Bourquin
and David Ashburn to the Wastewater Regulations and Appeals Board.

PUBLIC WORKS AND TRANSPORTATION

Public Works

h. A resolution authorizing the Administrator for the Department of Public
Works to enter into a contract (S-15-016) with CDM Smith for an East Lake
concept in District 7 for “Water Quality Design and Planning for Lake
Restoration and Green Stormwater Infrastructure, in the amount of
$100,000.00. (District 7)

i. A resolution authorizing the approval of Change Order No. 1 for HDR
Engineers, Inc. relative to Contract No. W-12-028-101, Focused SSES and
Rehabilitation of Dobbs Branch 3 Sub-basin Project, for an increased
amount of $78,565.20, for a revised contract amount not to exceed
$580,105.20. (Districts 7, 8, and 9)

Transportation

j. A resolution authorizing Fiamma Pizza, LLC c/o Jim Richards, tenant of
the property owner, M Street Chatt, LLC, to use temporarily the right-ofway
located on North Market Street adjacent to 405 North Market Street
to install awnings, as shown on the maps attached hereto and made a
part hereof by reference, subject to certain conditions. (District 1)

k. A resolution authorizing The Perfect Fit, LLC c/o Tonja Perkins, tenant of
the property owner, James Keef, Jr., to use temporarily the right-of-way
located on Cherokee Boulevard adjacent to 440 Cherokee Boulevard to
install signage and exterior lights, as shown on the maps attached hereto
and made a part hereof by reference, subject to certain conditions.
(District 1)

l. A resolution authorizing Robert Roberts, LLC c/o Robert Roberts, agent
for the property owner, CADAS c/o James Shaw, to use temporarily the
right-of-way located on Minor Street and Manning Street adjacent to 216
Minor Street to install building overhangs, as shown on the maps
attached hereto and made a part hereof by reference, subject to certain
conditions. (District 1)

m. A resolution authorizing HGH Construction c/o Lisa Williams, agent for
the property owner, John Coffett, to use temporarily an unopened portion
of the right-of-way located on Glenroy Avenue to access the property, as
shown on the maps attached hereto and made a part hereof by reference,
subject to certain conditions. (District 2)

n. A resolution authorizing Office Coordinators c/o Tripp Goodman to use
temporarily the right-of-way located on East Main Street adjacent to 326
East Main Street to install a sign and display area, as shown on the maps
attached hereto and made a part hereof by reference, subject to certain
conditions. (District 7)

o. A resolution authorizing Collier Construction c/o Gabe Thomas, agent for
the future Homeowner’s Association for the 100 @ S. Broad Subdivision,
to use temporarily the right-of-way located adjacent to 3100 St. Elmo
Avenue to install freight containers to be used as storage units and
buffers to the adjacent railroad, as shown on the maps attached hereto
and made a part hereof by reference, subject to certain conditions.
(District 7)

p. A resolution authorizing BP Construction c/o Jeffrey Garner, agent for the
property owner, Citipark Investors, LLC c/o Blake Defoor, to use
temporarily the right-of-way located along Chestnut Street and 8th Street
adjacent to 803 Chestnut Street to install planters and maintain building
overhangs, as shown on the maps attached hereto and made a part
hereof by reference, subject to certain conditions. (District 7)

q. A resolution authorizing Benton C. Torrence, property owner, to use
temporarily the right-of-way of the unopened portion located on Belmont
Avenue for secondary access to 1619 West 54th Street, as shown on the
maps attached hereto and made a part hereof by reference, subject to
certain conditions. (District 7)

r. A resolution authorizing Franklin Architects c/o Bob Franklin, agent for
the property owner, Dew Edney, LLC, to use temporarily the right-of-way
located on Market Street and East 11th Street adjacent to 1100 Market
Street to install awnings, as shown on the maps attached hereto and
made a part hereof by reference, subject to certain conditions. (District
8)

s. A resolution authorizing River Street Architecture c/o Terry Barker,
agent for the property owner, Gary Ivey, to use temporarily the right-ofway
located on Hillcrest Road adjacent to 1692 Riverview Road during
the pending abandonment process, as shown on the maps attached
hereto and made a part hereof by reference, subject to certain conditions.
(District 8)

VIII. Departmental Reports:

a) Police.
b) Fire.
c) Economic and Community Development.
d) Youth and Family Development.
e) Transportation.
f) Public Works.
g) Finance.
h) IT.
i) Human Resources.
j) General Services.

IX. Purchases.

X. Other Business.

a) Approval of certifications regarding grocery stores wishing to
sell wine:

1. Sam's Club #8112, 6101 Lee Highway (District 6)
2. Walmart #5251, 490 Greenway View Drive (District 6)
3. Walmart #5143, 8101 East Brainerd Road (District 4)
4. Walmart #4671, 4110 Shallowford Road (District 5)
5. Walmart #3660, 3550 Cummings Highway (District 1)
6. Walmart #3659, 501 Signal Mountain Road (District 1)
7. Walmart #3619, 3901 Hixson Pike (District 2)
8. Walmart #1606, 5764 Highway 153 (District 3)
9. Walmart #1469, 2020 Gunbarrel Road (District 4)

XI. Committee Reports.

XII. Agenda Session for Tuesday, May 17, 2016.

XIII. Recognition of Persons Wishing to Address the Council on Non-Agenda
Matters.

XIV. Adjournment.

TUESDAY, MAY 17, 2016
CITY COUNCIL AGENDA

6:00 PM

1. Call to Order.

2. Pledge of Allegiance/Invocation (Councilman Smith).

3. Minute Approval.

4. Special Presentation.

5. Ordinances – Final Reading:

PLANNING

a. 2016-052 David J. Kluttz (C-5 Neighborhood Commercial Zone to C-2
Convenience Commercial Zone). An ordinance to amend Chattanooga
City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property
located at 5277 Wilbanks Road, more particularly described herein, from
C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial
Zone, subject to certain conditions. (District 3) (Recommended for
approval by Planning and Staff)
2016-052 David J. Kluttz (C-5 Neighborhood Commercial Zone to C-2
Convenience Commercial Zone). An ordinance to amend Chattanooga
City Code, Part II, Chapter 38, Zoning Ordinance, so as to rezone property
located at 5277 Wilbanks Road, more particularly described herein, from
C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial
Zone. (Applicant Version)

b. 2016-053 Adamson Developers, LLC c/o Bobby Joe Adamson (R-2
Residential Zone to R-3 Residential Zone). An ordinance to amend
Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to
rezone parts of properties located at 8062 and 8074 Old Lee Highway,
more particularly described herein, from R-2 Residential Zone to R-3
Residential Zone. (District 4) (Recommended for approval by
Planning and Staff)

c. 2016-054 Chambliss Center for Children (R-1 Residential Zone to R-2
Residential Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone properties located at 402
and 406 Gillespie Road, more particularly described herein, from R-1
Residential Zone to R-2 Residential Zone. (District 5) (Recommended
for approval by Planning and Staff)

d. 2016-062 Global Southern Realty Holdings, LLC (Lift Condition). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to lift Condition No. 4 from Ordinance No. 12867 for
previous Case No. 2014-094, on property located at 7408 Bonny Oaks
Drive, being more particularly described herein. (District 6)
(Recommended for approval by Planning and Staff)

e. 2016-048 Sunnyside Properties, LLC (M-1 Manufacturing Zone to R-1
Residential Zone). An ordinance to amend Chattanooga City Code, Part II,
Chapter 38, Zoning Ordinance, so as to rezone part of property located at
4820 Oakland Avenue, more particularly described herein, from M-1
Manufacturing Zone to R-1 Residential Zone, subject to certain conditions.
(District 7) (Planning and Staff recommends denial of R-T/Z
Residential Townhouse Zero Lot Line and approves R-1 Residential
Zone)
2016-048 Sunnyside Properties, LLC (M-1 Manufacturing Zone to R-T/Z
Residential Townhouse/Zero Lot Line Zone). An ordinance to amend
Chattanooga City Code, Part II, Chapter 38, Zoning Ordinance, so as to
rezone part of property located at 4820 Oakland Avenue, more
particularly described herein, from M-1 Manufacturing Zone to R-T/Z
Residential Townhouse/Zero Lot Line Zone. (Applicant Version)

f. 2016-049 Sonja Y. Benning (M-1 Manufacturing Zone to R-1 Residential
Zone). An ordinance to amend Chattanooga City Code, Part II, Chapter 38,
Zoning Ordinance, so as to rezone property located at 109 Workman
Road, more particularly described herein from M-1 Manufacturing Zone
to R-1 Residential Zone. (District 7) (Recommended for approval by
Planning and Staff)

g. 2016-051 Duane Carleo and Mark Neal (M-1 Manufacturing Zone to C-3
Central Business Zone). An ordinance to amend Chattanooga City Code,
Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at
24 East 14th Street, more particularly described herein, from M-1
Manufacturing Zone to C-3 Central Business Zone, subject to certain
conditions. (District 8) (Recommended for approval by Planning
and Staff)
2016-051 Duane Carleo and Mark Neal (M-1 Manufacturing Zone to C-3
Central Business Zone). An ordinance to amend Chattanooga City Code,
Part II, Chapter 38, Zoning Ordinance, so as to rezone property located at
24 East 14th Street, more particularly described herein, from M-1
Manufacturing Zone to C-3 Central Business Zone. (Applicant Version)

h. 2016-024 Belle Investment Company/Third Street Partners/Jimmy & Molly
Seal (R-4 Special Zone to C-3 Convenience Commercial Zone). An
ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, so as to rezone properties located at 1028 and 1042 East 3rd
Street and 1039, 1043, and 1047 East 4th Street, more particularly
described herein, from R-4 Special Zone to C-3 Convenience Commercial
Zone, subject to certain conditions. (District 8) (Recommended for
approval by Planning and Staff) (Deferred 21 days from 4/19/2016)

i. An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, Sections 38-2; 38-184; 38-204; 38-302; and 38-568; Defining,
Regarding, and Referencing Facilities such as Boarding, Grooming,
Training, and Similar Uses for Small Animals in Article II, Definitions;
Article V, Zoning Regulations; Article VIII, Board of Appeals for Variances
and Special Permits.

j. An ordinance to amend Chattanooga City Code, Part II, Chapter 38, Zoning
Ordinance, Article V, Zoning Regulations, Division 24, Flood Hazard Zone
Regulations to the Flood Insurance Rate Map Community Panel Members.

PUBLIC WORKS AND TRANSPORTATION

Transportation

k. MR-2016-038 Pryor Bacon/TTG Partnership (Abandonment). An
ordinance closing and abandoning a portion of the right-of-way along
Bush Street from North Market Street to Hamilton Avenue, detailed on
the attached map, to alleviate encroachment of existing building into
right-of-way, subject to certain conditions. (District 2) (Recommended
for approval by Transportation)

l. MR-2016-045 David Daveney and Ridgedale Baptist Church
(Abandonment). An ordinance closing and abandoning an unnamed alley
at the rear of the property located at 6400 Lee Highway, detailed on the
attached map, subject to certain conditions. (District 6)
(Recommended for approval by Transportation)

m. MR-2016-011 Claudia Pullen of SEB 2 LLC (Abandonment). An ordinance
closing and abandoning a portion of the right-of-way located in the 3800
block of St. Elmo Avenue, detailed on the attached map, on which the
existing building is located, subject to certain conditions. (District 7)
(Recommended for approval by Transportation)

n. MR-2016-034 Steward Advanced Materials, LLC (Abandonment). An
ordinance closing and abandoning a portion of the right-of-way located
along the 3500 and 3600 blocks of Jerome Avenue, detailed on the
attached map, to alleviate encroachment of the existing building into the
right-of-way, subject to certain conditions. (District 7) (Recommended
for approval by Transportation)

o. MR-2016-046 W.C. Helton (Abandonment). An ordinance closing and
abandoning a portion of the right-of-way located in the 300 block of East
36th Street and two (2) unnamed alleys, detailed on the attached map,
subject to certain conditions. (Districts 7 & 8) (Recommended for
approval by Transportation)

6. Ordinances – First Reading:

7. Resolutions:

GENERAL SERVICES

a. A resolution authorizing the Director of General Services to enter into
and execute a contract with Russo Corporation for compaction grouting
soil stabilization services at The Chattanoogan Hotel for $233,975.00,
with a contingency amount of $23,397.00, for a total estimated amount
not to exceed $257,372.50.
IT

b. A resolution authorizing the Chief Information Technology Officer to
renew the blanket contract with EpheSoft Software License and support
with ZIA Consulting for technical services and maintenance for
Electronic Content Management (ECM) for a contract term of one year,
for a total amount not to exceed $85,000.00.

PUBLIC WORKS AND TRANSPORTATION

Public Works

c. A resolution authorizing the approval of Change Order No. 1 for Jacobs
Engineering Group, Inc. relative to Contract No. W-10-004-101, East
Brainerd Pump Station Upgrade and Collection System Rehab, for an
increased amount of $97,417.17, for a revised contract amount not to
exceed $2,459,827.17.
Transportation

d. A resolution authorizing the Administrator for the Department of
Transportation to amend an agreement with Talley Construction
Company, Inc. for construction services relative to Contract No. T-15-001,
associated with resurfacing city streets, for an increased amount of
$181,792.46, for a revised contract amount of $3,064,580.25.

8. Departmental Reports:

a) Police.
b) Fire.
c) Economic and Community Development.
d) Youth and Family Development.
e) Transportation.
f) Public Works.
g) Finance.
h) IT.
i) Human Resources.
j) General Services.

9. Purchases.

10. Other Business.

11. Committee Reports.

12. Agenda Session for Tuesday, May 24, 2016.

13. Recognition of Persons Wishing to Address the Council on Non-Agenda
Matters.

14. Adjournment.

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