2008-04-15
CITY OF
S0UTH LA1<.1=
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 15 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris,
and Councilmembers Laura K. Hill, Gregory Jones, Vernon Stansell and John Terrell.
CITY COUNCIL ABSENT: Deputy Mayor Pro Tern Virginia M. Muzyka.
STAFF PRESENT. City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Office Assistant Elsie Rice, Manager of Information Systems
Gary Gregg, Director of Community Services Steve Polasek, Deputy Director of
Community Services Chris Tribble, Deputy Director of Community Services Kerry
McGeath, Youth Services Librarian Jesse Ephraim, Administrative Secretary Nancy
Roper, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Director of Human Resources Kevin Hugman, Chief of Fire Services Robert
Finn, Chief of Police Services Wade Goolsby, Director of Planning and Development
Services Ken Baker, Deputy Director of Planning and Development Services Dennis
Killough, Chief Building Official Paul Ward, Planner Clayton Comstock, Administrative
Secretary Lorrie Fletcher, Director of Public Works Robert H. Price, Deputy Director of
Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, Administrative Secretary
Denise Artho, Administrative Secretary Linda Sadler, City Attorney E. Allen Taylor and
City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor
Wambsganss at 5:17 p.m.
Agenda Item No. 2. Invocation: Eric Hulet from Grace Community Church gave the
invocation. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Proclamation for Administrative Professionals Day 2008 Mayor
Wambsganss read the proclamation and presented it to the following City administrative
professionals: Denise Artho, Lorrie Fletcher, Elsie Rice, Nancy Roper, and Linda
Sadler.
Agenda Item No. 4. Leadership Southlake - Bicentennial Sponsorship Program Kai
Fischer presented this item on behalf of the Leadership Southlake team.
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Agenda Item No 5 Discussion on Southlake Boulevard deceleration lanes. Civil
Engineer Taylor presented this item to Council. Director Price and Deputy Director
Mayer answered Council's questions.
Agenda Item No 6 Discuss all items on tonight's meeting agenda. City Council
reviewed the agenda items with city staff Items 9A, 9B and 9C were added to the
consent agenda.
Mayor Wambsganss announced that a special meeting will be held on April 23 to allow
for public input on the oil and gas drilling items (Items 7A and 7B). He stated Council will
not take public comment tonight but at that meeting instead.
Mayor Wambsganss closed the work session at 6:25 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:25 p.m.
Councilmember Hill left the meeting at 6.25 p.m. and returned at 7:28 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council
would be going into Executive Session pursuant to the Texas Government Code
Section 551.071, consultation with attorney; Section 551.072, deliberation regarding
real property; Section 551.074, deliberation regarding personnel matter; and Section
551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 6:25 p.m. Executive Session began at 6:50 p.m. and
ended at 7:53 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
7:58 p.m. and asked if any action was necessary from Executive Session.
Motion was made to authorize city staff to negotiate a land purchase contract on the
property that was discussed in executive session under the general terms presented by
staff.
Motion: Morris
Second: Terrell
Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming
meetings and events.
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Agenda Item No. 3A1. Special presentations to recipients of "Dragons Thinking Green"
essay contest. Mayor Wambsganss introduced Terri Schrobilgen of OurGreatCity.com
who presented this item. Mayor Wambsganss and Ms. Schrobilgen presented each of
the following winners with a certificate of recognition for their winning essays: Rohan
Rao from Carroll Elementary, Stephen Borkowski from Durham Intermediate, and
Lindsay Lipshultz from Eubanks Intermediate. She also recognized Colin Kober from
Old Union Elementary and Emily Cutler from Eubanks Intermediate who could not
attend this evening's meeting.
Agenda Item No. 3A2. Proclamation for National Library Week 2008. Mayor
Wambsganss presented the proclamation to Library Board President Lori Burr and
Youth Services Librarian Jesse Ephraim. James Williams also made a presentation on
behalf of Congressman Kenny Marchant's office in honor of National Library Week.
Agenda Item No. 3B. City Manager's Report. A report was not given.
Agenda Item No. 3C. Financial Report. A written report was provided to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the items into the record.
Agenda Item No. 4A. Approve the minutes from the April 1, 2008, regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. 4B. Approve a joint election agreement and contract for election
services with Tarrant County Elections Administration for the May 10, 2008 General
Election and the May 10, 2008 Special Election. A presentation was not made on this
item.
Agenda Item No. 4C. Approve Change Order No. 1 to Amendment No. 1 to the
Construction Manager at Risk contract with Lee Lewis Construction, Inc. in the amount
of $23,294,853 for the construction of the new DPS headquarters. A presentation was
not made on this item.
Agenda Item No. 4D. Approve SPDC matching funds request from the Southlake Girls
Softball Association in the amount of $5,000 for the purchase of tournament play
outfield fencing. A presentation was not made on this item.
Agenda Item No. 4E. Ordinance No. 483-L, 1St Reading, miscellaneous amendments to
the Subdivision Ordinance No. 483, as amended, including but not limited to minimum
lot width standards and regulations pertaining to panhandle lots. A presentation was not
made on this item.
Agenda Item No. 4F. Ordinance No. 480-SSS, 1St Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Development
Regulations on properties within the City of Southlake which are not currently regulated
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by the City's Corridor Overlav Zone or Residential Adiacency Standards A presentation
was not made on this item.
Agenda Item No. 4G. Consider SP08-079 Variance to Sign Ordinance No 704-C for a
temporary sign for Watermere located at 2807 West Southlake Boulevard A
presentation was not made on this item.
Agenda Item No. 4H. Ordinance No. 480-552 1St Reading (ZA07-162) Zoning Change
and Concept Plan for Lots 9-12, J. Childress No. 254 Addition on property being legally
described as Tract 3D2, John Heirs Childress Survey Abstract No 254 and located at:
3010 Lake Drive. Current Zoning: AG Agricultural District Requested Zoning: SF20B,
Single Family Residential District. SPIN Neighborhood #3 This item was
administratively tabled to the May 6, 2008, City Council meeting.
Agenda Item No. 41. ZA07-123, Revised Site Plan for Chick-fil-A on property being
legally described as Lot 4. Block 1 Perry/Allen Addition and located at 2301 East
Southlake Boulevard. Current Zoning: C3 General Commercial District SPIN
Neighborhood #7. This item was administratively tabled to the May 6, 2008, City Council
meeting.
Agenda Item No. 4J. Ordinance No. 480-555 1St Reading (ZA07-058) Zoning Change
and Development Plan for East Haven Addition on property being legally described as
Lots 7R. 8R, 20R, and 21R, East Haven Addition and Tracts 1A 2A 2A2 2A3 and
2131, Hollingsworth & Barnett Survey. Abstract No 787 and located along Haven Circle
(formerly known as East and West Perrv Circle) and along the south side of the 900
block of East Continental Boulevard. Current Zoninq• 11 Light Industrial District and AGt
Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development
District. SPIN Neighborhood #9e. This item was administratively tabled to the May 6,
2008, City Council meeting.
Agenda Item No. 9A. Approve recommendation for the placement of red light cameras
at State Highway 114 and Gateway and F M 1709 and Pearson A presentation was
not made on this item.
Agenda Item No. 9B. Approve an amendment to Exhibit A of the contract with Republic
Waste Services of Texas to adiust the rates for commercial and industrial customers A
presentation was not made on this item.
Agenda Item No. 9C. Approve SPDC matching funds request from the Southlake DPS
Citizens Association in the amount of $100,000 for the construction of Bicentennial Park
Safety Town. Director Polasek presented this item to Council during the work session.
Council approved a matching funds request of $50,000 at this time. s
Motion was made to approve items 4A; 413; 4C; 4D; 4E; 4F; 4G; to administratively table
items 4H, 41, and 4J to the May 6, 2008 City Council meeting; and to add and approve
items 9A; 913; and 9C for the amount of $50,000.
Motion: Terrell
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Second: Jones
Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA
Agenda Item No. 5. Public Forum.
Jennifer Johnson, 404 Wellington Court, Southlake, Texas, presented information on
www.cp80.com regarding internet decency and asked for City Council's support and
community involvement.
Councilmember Hill stated the SPARK committee supports this initiative and asked
Council and staff to place an item on the next City Council meeting agenda to allow
Council's consideration.
Mayor Wambsganss closed the public forum.
Agenda Item No. 6A. Ordinance No. 657-B, 2nd Reading, Consider an ordinance
revising impact fees on new land development in the city of Southlake, Texas for water,
wastewater and roadway facilities necessitated by such new development; adopting
revised land use assumptions for the city: adopting revised Capital Improvement Plans
for water, wastewater and roadway improvements; providing for the assessment,
payment and time of payment of water, wastewater, and roadway impact fees; providing
• for review of water, wastewater and roadway impact fees and the fee schedules:
providing for the placement of revenue collected from water, wastewater and roadway
impact fees into water and wastewater impact fee accounts and roadway impact fee
accounts established for that purpose; providing for offsets and credits, providing for
refund of unexpended funds; providing for use of funds derived from water, wastewater
and roadway impact fees providing that impact fees may be pledged toward payment of
bond issues and similar debt instruments providing that this ordinance shall be
cumulative of all ordinances: providing a severability clause; providing for publication in
the official newspaper; and providing an effective date. Director Last presented this item
to Council and answered their questions. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE REVISING IMPACT FEES ON NEW LAND DEVELOPMENT IN THE
CITY OF SOUTHLAKE, TEXAS FOR WATER, WASTEWATER AND ROADWAY
FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; ADOPTING REVISED
LAND USE ASSUMPTIONS FOR THE CITY; ADOPTING REVISED CAPITAL
IMPROVEMENTS PLANS FOR WATER, WASTEWATER AND ROADWAY
IMPROVEMENTS; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF
PAYMENT OF WATER, WASTEWATER AND ROADWAY IMPACT FEES;
PROVIDING FOR REVIEW OF WATER, WASTEWATER AND ROADWAY IMPACT
FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF
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REVENUE COLLECTED FROM WATER, WASTEWATER AND ROADWAY IMPACT
FEES INTO WATER AND WASTEWATER FACILITIES IMPACT FEE ACCOUNTS
AND ROADWAY IMPACT FEE ACCOUNTS ESTABLISHED FOR THOSE
PURPOSES; PROVIDING FOR OFFSETS AND CREDITS; PROVIDING FOR
REFUNDS OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED
FROM WATER, WASTEWATER AND ROADWAY IMPACT FEES; PROVIDING THAT
IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND
SIMILAR DEBT INSTRUMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 657-B, 2"d Reading, Consider an ordinance
revising impact fees on new land development in the city of Southlake, Texas for water,
wastewater and roadway facilities necessitated by such new development; adopting
revised land use assumptions for the city; adopting revised Capital Improvement Plans
for water, wastewater and roadway improvements; providing for the assessment,
payment and time of payment of water, wastewater, and roadway impact fees; providing
for review of water, wastewater and roadway impact fees and the fee schedules;
providing for the placement of revenue collected from water, wastewater and roadway
impact fees into water and wastewater impact fee accounts and roadway impact fee
accounts established for that purpose; providing for offsets and credits, providing for
refund of unexpended funds; providing for use of funds derived from water, wastewater
and roadway impact fees providing that impact fees may be pledged toward payment of
bond issues and similar debt instruments providing that this ordinance shall be
cumulative of all ordinances; providing a severability clause; providing for publication in
the official newspaper; and providing an effective date, as presented.
Motion- Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No 6B Ordinance No 915-A 2nd Reading Amend Ordinance No. 915
amending Fiscal Year 2008 Annual Budget. Director Jackson presented this item to
Council. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
REVISING BUDGET FIGURES FOR FISCAL YEAR 2008 BEGINNING OCTOBER 1,
2007, AND TERMINATING SEPTEMBER 30, 2008, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
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No one spoke during the public hearing.
Motion was made to approve Ordinance No. 915-A, 2"d Reading, Amend Ordinance No.
915 amending Fiscal Year 2008 Annual Budget as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No 6C Ordinance No. 480-536 2"d Reading (ZA07-139), Zoning Change
and Site Plan for Lots 1R1, 1R2, 2R1 2R2 and 2R3, Block 3, Cornerstone Business
Park Addition on property legally described as Lots 1 and 2R Block 3 Cornerstone
Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current
Zoning: 0-1 Office District Requested Zoning: S-P-1 -Detailed Site Plan District. SPIN
Neighborhood #7. Deputy Director Killough presented this item to Council in conjunction
with item 6D. Applicant Mike Ferguson made a presentation and answered Council's
questions. In accordance with Section 4.21 of the City Charter, the caption for this item
is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS
1 & 2R, BLOCK 3, CORNERSTONE BUSINESS PARK ADDITION, BEING
APPROXIMATELY 3.17 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S-P-1" DETAILED
SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Greg Standerfer, 1130 North Carroll Avenue, Southlake, Texas spoke in support of this
development.
Mayor Wambsganss closed the public hearing.
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Motion was made to approve Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning
Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone
Business Park Addition on property legally described as Lots 1 and 2R, Block 3,
Cornerstone Business Park Addition and located at 500 Silicon Drive and 510 Silicon
Drive granting the driveway stacking variance as requested and subject to Site Plan
Review Summary No. 5, dated April 9, 2008 and accepting the applicant's agreement to
meet the city's ordinance on the fence at the time of the construction on Lot 2 and
accepting applicant's agreement that all three monument signs will be the same.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Stansell, Terrell, Wambsganss
Nays: Morris
Approved: 5-1
Agenda Item No. 6D. ZA07-111, Plat Revision for Lots 1R1, 1R2, 2R1, 2R2,-and 2R3,
Block 3, Cornerstone Business Park being a replat of property currently described as
Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being located at 500
Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District. Proposed
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Deputy Director
Killough presented this item to Council in conjunction with item 6C. Applicant Mike
Ferguson made a presentation and answered Council's questions.
Motion was made to approve ZA07-111, Plat Revision for Lots 1 R1, 1 R2, 2R1, 2R2,
and 2R3, Block 3, Cornerstone Business Park subject to Plat Review Summary No. 2,
dated September 28, 2007.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Stansell, Terrell, Wambsganss
Nays: Morris
Approved: 5-1
Agenda Item No. 6E. ZA07-158, Site Plan for Stratfort Gardens Office Park on property
being legally described as Tract 3A, H. Granberry Survey, Abstract No. 581 and located
at 425 West Southlake Boulevard. Current Zoning: C2 Local Retail Commercial District.
SPIN Neighborhood #14. Deputy Director Killough presented this item to Council in
conjunction with item 6F. Applicant Kosse Maykus made a presentation and answered
Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA07-158, Site Plan for Stratfort Gardens Office Park,
subject to the applicant's presentation made this evening; subject to the
recommendations of the Planning and Zoning Commission; and subject to Site Plan
Summary No. 4, dated April 9, 2008, granting requested variances.
Motion: Terrell
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Second: Morris
Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No 6F ZA07-159 Plat Showing for Lots 4-5 Block 2 Stratfort Gardens,
being approximately 2.18 acres described as Tract 3A H. Granberry Survey, Abstract
No 581, located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail
Commercial District. SPIN Neighborhood #14. Deputy Director Killough presented this
item to Council in conjunction with item 6E. Applicant Kosse Maykus made a
presentation and answered Council's questions.
Motion was made to approve ZA07-159, Plat Showing for Lots 4-5, Block 2, Stratfort
Gardens, subject to Plat Review Summary No. 4, dated April 9, 2008, specifically
granting the requested variance on street frontage and subject to the recommendations
of the Planning and Zoning Commission.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Mayor Wambsganss called for a break at 9:20 p.m. and reconvened the meeting at 9:40
p. M.
Mayor Wambsganss reiterated that a special meeting will be held on April 23 to allow
for public input on the oil and gas drilling items (Items 7A and 713). He stated Council will
not take public comment tonight but at that meeting instead.
Agenda Item No 7A Ordinance No. 480-RRR 1St Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas
drilling and production. Director Baker presented this item to Council in conjunction with
item 7B. Director Price presented information on the road repair agreement.
The Mayor asked the Oil and Gas Task Force members to discuss the process and give
any comments they may have. Mayor Pro Tern Morris and Councilmember Terrell
discussed the process.
The Council discussed this ordinance and any proposed changes.
Motion was made to approve Ordinance No. 480-RRR, 1St Reading, an amendment to
the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and
gas drilling and production, as presented with changes discussed this evening.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss
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Nays: None
Approved: 6-0
Agenda Item No 7B Ordinance No. 880-A 1St Reading, Amending Section 9.5, Article
IV of the Southlake City Code regardinq oil and gas well drillinq and production.
Director Baker presented this item to Council in conjunction with item 7A. Director Price
presented information on the road repair agreement. Council discussed this item in
conjunction with item 7A.
Motion was made to approve Ordinance No. 880-A, 1St Reading, Amending Section 9.5,
Article IV, of the Southlake City Code regarding oil and gas well drilling and production
as presented with changes discussed this evening.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:37 p m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
4An:d:yv- Wambsganss
Mayor
7E LT
• A • D -
Lori Payne, TRMC
City Secretary
= ° +
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