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Wednesday, April 24, 2024

City of Wheaton City Council met April 2.

Meeting 11

City of Wheaton City Council met April 2.

Here is the minutes provided by the Council:

1.Call To Order And Roll Call

The regular Wheaton City Council Meeting was called to order at 7:00 p.m. by Mayor Michael J. Gresk. Upon roll call, the following were:

Physically Present: Mayor Michael J. Gresk

Councilman Michael Barbier

Councilwoman Suzanne Fitch

Councilman John Prendiville

Councilman John Rutledge

Councilman Todd Scalzo

Councilman Phil Suess

Absent: None

City Staff Present: Michael G. Dzugan, City Manager

John M. Duguay, Assistant City Manager

Paul G. Redman, Director of Engineering

James P. Kozik, Director of Planning & Economic Dev.

James Knippen, City Attorney

Robert R. Lehnhardt, Finance Director

Holly A. Schulz, Director of Human Resources

Susan Wallace, Public Works Administrative Superintendent

Kevin Maloney, Public Works Forestry Superintendent

Sharon Barrett-Hagen, City Clerk

2. Presentations

Mayor Gresk read and presented a proclamation to Ms. Renee Ryan and Sachiko Eubanks, Theosophical Society, recognizing Saturday, April 28, 2018 as World Tai Chi and Qigong Day in Wheaton. Ms. Ryan thanked the Mayor and Council for the recognition and invited everyone to the Theosophical Society for their event on April 28.

Mayor Gresk read and presented a proclamation to Ms. Kay McKeen, member of the Environmental Improvement Commission, proclaiming April 7-30, 2018 as Earth Days in Wheaton. Ms. McKeen thanked the Mayor and reviewed the various events the City will be holding to celebrate Earth Days, such as the paper shredding event on April 7 and the Native Plant Sale.

3. Citizens To Be Heard

Mr. Brian Millett, 219 S. President Street, spoke in opposition to the parking restriction being proposed in the 200 block of South President Street. He stated while there are a few cars parked on the street all day, they may or may not be commuters as he knows one is a teacher at Lowell School and one is a child care provider for a neighbor. Mr. Millett feels the ordinance as proposed would detrimentally affect these individuals and feels it is a baseless request.

Ms. Claudia Severson, 1733 Harrow Ct. asked the status of the solution for flooding in the Briarcliffe neighborhood as it relates to the receipt of FEMA funds and the position of the Forest Preserve with regard to a flooding solution for this area. City Manager Dzugan responded that the City is continuing to work with the Forest Preserve to arrive at a mutual solution. Director of Engineering Redman stated the City cannot request funds from FEMA until the City has approved a specific project. He said he anticipates the City’s flood studies will be completed in the first quarter of 2019 followed by an analysis and the development of a policy with regard to flooding City-wide.

4 Consent Agenda

Councilman Rutledge moved and Councilman Suess seconded that the following action be taken on the Consent Agenda items, as amended:

1. Approve the Minutes of the March 19, 2018 regular Wheaton City Council Meeting, as submitted.

2. Approve Requests and Authorize Issuance of Special Event Permits to the Wiesbrook PTA – Wiesbrook Tiger Trot Race, Downtown Wheaton Association – Vintage Rides, Briar Glen PTC – Briar Glen Bulldog 3K run and Wheaton Park District – Run for the Animals.

3. Adopt Resolution R-2018-20, A Resolution Authorizing the Disposal of Certain Surplus Property (PD).

4. Adopt Resolution R-2018-21, A Resolution for the Improvement by Municipality Under the Illinois Highway Code (2018 Road, Sewer, and Water Rehabilitation Program).

Roll Call Vote on Consent Agenda

Ayes: Councilman Rutledge

Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Nays: None

Absent: None

Motion Carried Unanimously

5. Pass Ordinance No. O-2018-15, An Ordinance Authorizing A Stormwater Rate Change For The City Of Wheaton, Du Page County, Illinois

Councilwoman Fitch moved and Councilman Scalzo seconded that Ordinance No. O-2018-15, An Ordinance Authorizing a Stormwater Rate Change for the City of Wheaton, DuPage County, Illinois, be passed.

City Manager Dzugan stated this item appeared as a first reading at the March 19, 2018 City Council meeting. He indicated the proposed change would increase the stormwater rate by $0.10 per 100 cubic feet of water usage and add a flat fee of $1.50 per month, resulting in a 3.3% increase for the average utility user. City Manager Dzugan advised the rate increase would be effective May 1, 2018.

Councilwoman Fitch stated that the fee is based on water usage, but there is no relation to water usage and stormwater. She feels these fees would hit residents hard as water bills are already high and that a sales tax increase would be more equitable. Councilwoman Fitch stated she is not comfortable with proceeding with this increase in addition to a possible sales tax increase and would vote no on this.

In response to questions from Councilman Suess, City Manager Dzugan stated while it is possible to dedicate General Fund monies received from the sales tax to an Enterprise Fund, such as the Stormwater Fund, it is not an ideal option. He advised that in the past, stormwater expenditures were absorbed by the Sanitary Sewer Fund until the City established a separate Stormwater Fund a few years ago.

Councilman Prendiville believes this is an aggressive approach but will support it because it applies to all users in the City.

Councilman Rutledge generally does not like increasing costs to residents, but believes the City needs to look City-wide for revenue for addressing flooding issues and stated he would support this increase.

Mayor Gresk does not like additional taxes, but also feels this provides an equal burden for everyone, including nonprofit users, and stated he would support the increase.

Councilman Barbier expressed his support as this relates to an Enterprise Fund that is dedicated to stormwater work.

In response to Councilman Rutledge, City Manager Dzugan believes the flat fee will annually generate approximately $300,000 and the $0.10 increase will generate approximately $200,000.

Roll Call Vote:

Ayes: Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Councilman Suess

Councilman Barbier

Nays: Councilwoman Fitch

Absent: None

Motion Carried

6. Pass Ordinance No. O-2018-16, An Ordinance Amending Chapter 2 (Administration), Article Ix (Finance) Of The Wheaton City Code

Councilman Prendiville moved and Councilman Barbier seconded that Ordinance No. O-2018-16, An Ordinance Amending Chapter 2 (Administration), Article IX (Finance) of the Wheaton City Code, be passed.

City Manager Dzugan stated this item appeared as a first reading at the March 19, 2018 City Council meeting and would transition the City to a calendar fiscal year beginning in 2019.

Roll Call Vote:

Ayes: Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Nays: None

Absent: None

Motion Carried Unanimously

7. Pass Ordinance No. O-2018-17, An Ordinance Amending City Of Wheaton Ordinance No. F-2046 “An Ordinance Amending Chapter 2, “Administration,” Article Vi, “Personnel” Of The Wheaton City Code To Establish An Administrative Procedure For Assessing And Determining Claims Under The Public Safety Employee Benefits Act”

Councilman Scalzo moved and Councilwoman Fitch seconded that Ordinance No. O-2018-17, An Ordinance Amending City of Wheaton Ordinance No. F-2046 “An Ordinance Amending Chapter 2, “Administration,” Article VI, “Personnel” of the Wheaton City Code to Establish an Administrative Procedure for Assessing and Determining Claims Under the Public Safety Employee Benefits Act,” be passed.

City Manager Dzugan stated this item also appeared as a first reading at the March 19, 2018 City Council meeting. He stated it the ordinance makes some minor modifications to the recently approved PSEBA ordinance resulting from discussions with the City’s public safety employee unions.

Roll Call Vote:

Ayes: Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Nays: None

Absent: None

Motion Carried Unanimously

8. Motion To Rescind Adams Park Vote Taken On February 20, 2018

Councilman Barbier moved and Councilman Prendiville seconded to rescind the Adams Park Vote Taken on February 20, 2018.

City Manager Dzugan explained that a vote taken on February 20, 2018 to approve a contract with Upland Design to develop a design and long-term landscape maintenance plan failed to pass. He stated the item appears on the agenda tonight to allow the Council to consider rescinding that previous motion.

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Councilman Suess

Nays: None

Absent: None

Motion Carried Unanimously

9. Adopt Resolution R-2018-22, A Resolution Authorizing The Execution Of An Agreement With Upland Design Ltd. For Adams Park Landscape Architectural Services Agreement

Councilman Prendiville moved and Councilman Suess seconded that Resolution R-2018-22, A Resolution Authorizing the Execution of an Agreement with Upland Design Ltd. for Adams Park Landscape Architectural Services Agreement, be adopted.

City Manager Dzugan stated the proposed resolution would authorize a contract with Upland Design Ltd. for $22,444 to develop five conceptual plans for Adams Park after the consultant conducts meetings with key stakeholders and the public. He advised the plans would be presented to the Council and the Council would select one or two plans for further analysis and discussion. City Manager Dzugan stated staff is looking to develop a policy on Adams Park based on what the Council and the community desire the Park to be in order to have future maintenance adhere to that policy.

Responding to questions from Councilwoman Fitch, Administrative Superintendent Wallace confirmed the plans would be developed after the consultant conducts the public meetings, there are areas within the park that need to be freshened up and other areas, such as the drinking fountain, that need to be addressed, any work on the sidewalk would need to be contracted out, the Public Works Parks & Grounds Division currently performs small maintenance projects, it is not the intent of this project to start over and make major changes to the park , and it will be the City Council’s decision as to what plan to follow after input as been received from interested parties and the public.

Councilman Prendiville appreciated the information provided and believes that people should be reassured that the City does not want to take any drastic action with regard to the park but is looking for a plan to follow going forward.

In response to questions from Councilman Suess, Administrative Superintendent Wallace stated the number of plans created would depend on input received from the public meetings. She stated the sidewalks are becoming unlevel and do not meet ADA requirements. In addition, she stated other features in the park need to be accessible, such as the drinking fountain, which also needs to be replaced as it tested positive for lead.

Councilman Rutledge stated the park has evolved and morphed over time and this provides the City with an opportunity to create a definitive plan to follow in the future.

Mayor Gresk is confident public input will lead to several plans the Council can consider.

Councilman Barbier would like to see at least one fully ADA accessible plan for the park.

Councilwoman Fitch thinks we do need a landscape plan and that the drinking fountain needs to be replaced; however, she cannot support this because she wants to preserve the existing nature of the park.

Roll Call Vote:

Ayes: Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Councilman Suess

Councilman Barbier

Nays: Councilwoman Fitch

Absent: None

Motion Carried

10. Approve Appointments/Reappointments To City Boards And Commissions

Mayor Gresk moved and Councilman Prendiville seconded that John Dalby be reappointed to the Band Commission, Robert Young be reappointed to the Environmental Improvement Commission, Donald Sender be reappointed to the Liquor Control Commission, Julie Kulovits be appointed to the Community Relations Commission and Nancy Allured, Dan Dlhy, Michelle Dunlap, Rita Nathanson, William Nieman, Carrie Provost and Laurel Salvador be appointed to the Bicycle Advisory Commission, for three-year terms respectively.

Roll Call Vote:

Ayes: Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Nays: None

Absent: None

Motion Carried Unanimously

11. Adopt Resolution R-2018-23, A Resolution Authorizing The Execution Of An Agreement With Lyons Electric Company In The Amount Of $94,765.00 For Traffic Signal Equipment Maintenance

Councilman Scalzo moved and Councilwoman Fitch seconded that Resolution R-2018-23, A Resolution Authorizing the Execution of an Agreement with Lyons Electric Company in the Amount of $94,765.00 for Traffic Signal Equipment Maintenance, be adopted.

City Manager Dzugan stated the proposed resolution would approve an agreement with Lyons Electric Company for repair and maintenance of 14 locations in the City where traffic signals are located.

Councilman Prendiville questioned the difference in the quotes for projected emergency/non-emergency costs. Administrative Superintendent Wallace stated the City had approximately $30,000 in expenditures for this service last year and the low bidder was in line with that cost.

In response to Councilman Suess, City Manager Dzugan stated the contract is a 12-month contract; however, extension of the contract beyond 8 months into 2019 is dependent upon funding.

Roll Call Vote:

Ayes: Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Nays: None

Absent: None

Motion Carried Unanimously

12. Approve Change Orders For 2017 Road, Sewer, And Water Rehabilitation Program, College Avenue & President Street Traffic Signal Replacement Project, Wesley Street Drainage Improvement, And Front Street Underground Utility Replacement Project

Councilwoman Fitch moved and Councilman Barbier seconded that Change Orders For 2017 Road, Sewer, and Water Rehabilitation Program, College Avenue & President Street Traffic Signal Replacement Project, Wesley Street Drainage Improvement, and Front Street Underground Utility Replacement Project, be approved.

City Manager Dzugan explained that the change order for the 2017 Road Program related to contaminated soils; the change order for the College Avenue & President Street Traffic Signal Replacement Project mainly related to poor existing pavement conditions and adjustment of existing grades; the change order for Wesley Street Drainage Improvement was due to unforeseen underground utility conflicts; and the change order for the Front Street Underground Utility Replacement Project related to time and material to locate private service lines and deal with unmarked underground utilities.

In response to Councilwoman Fitch, City Manager Dzugan stated the City authorized overtime for the Front Street project to locate service lines that were not marked rather than extending the deadline for completion of the work. Councilman Barbier noted the scope of the project increased because the contractor had to do work that was not included in the contract due to unforeseen circumstances.

Councilman Rutledge feels the cost overruns should have been anticipated. Director of Engineering Redman stated the issue with unmarked utility lines exists throughout the City. He stated the City conducted an aggressive negotiation with the contractor to ensure prices were fair.

Roll Call Vote:

Ayes: Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Councilman Suess

Councilman Barbier

Nays: None

Absent: None

Motion Carried Unanimously

13. Adopt Resolution R-2018-24, A Resolution Authorizing The Execution Of Amendment #1 To Agreement #C 36768 With Trees “R” Us Inc. In The Amount Of $51,859.00 For Tree Pruning Services

Councilman Rutledge moved and Councilman Prendiville seconded that Resolution R-2018-24, A Resolution Authorizing the Execution of Amendment #1 to Agreement #C 36768 With Trees “R” Us Inc. for Tree Pruning Services, be adopted.

City Manager Dzugan stated the proposed resolution would authorize an extension of an existing contract the City has with Trees “R” Us for an additional year. He confirmed Trees “R” Us has agreed to hold their current prices with the one-year extension at an estimated cost of $51,859.00.

Roll Call Vote:

Ayes: Councilman Rutledge

Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Nays: None

Absent: None

Motion Carried Unanimously

14. Adopt Resolution R-2018-25, A Resolution Authorizing The Execution Of A Contract With R. W. Dunteman Company For 2018 Road, Sewer, And Water Rehabilitation In The Amount Of $3,336,018.42

Councilman Suess moved and Councilwoman Fitch seconded that Resolution R-2018-25, A Resolution Authorizing the Execution of a Contract with R. W. Dunteman Company for 2018 Road, Sewer, and Water Rehabilitation in the Amount of $3,336,018.42, be adopted.

City Manager Dzugan advised the City received two bids for its 2018 Road Program, with R. W. Dunteman Company being the low bidder for the amount of $3,336,018.42. He advised funding will come from the MFT, Capital Projects, Water and Sanitary Sewer Funds. He indicated the streets that will be improved were listed in the attachment to Consent Agenda New Business #3.

Roll Call Vote:

Ayes: Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Nays: None

Absent: None

Motion Carried Unanimously

15. First Reading Of An Ordinance Amending The Pay Schedules For Officers, Assistants And Employees Of The City Of Wheaton, Illinois

City Manager Dzugan stated the ordinance sets forth pay scales for non-union employees, which comprise approximately 40% of the City’s workforce. He stated the proposed pay scales recommend a 2% annual range adjustment. City Manager Dzugan indicated this item appears on the agenda as a first reading and will return before the Council at its April 16 meeting for formal action.

16. First Reading Of An Ordinance Amending The Official Motor Vehicle And Traffic Schedules (Chapter 70) For The City Of Wheaton – Parking Restrictions

City Manager Dzugan stated the proposed ordinance would restrict parking on the west side of President Street, just north of Willow Avenue, to 4-hour parking in response to a complaint about commuter parking.

He indicated this item appears on the agenda as a first reading and will return before the Council at its April 16 meeting for formal action.

Councilman Rutledge acknowledged the comments made earlier in opposition to this change and questioned if other residents shared that opinion. Director of Engineering Redman he had received an email Monday from another resident not in favor of the change.

Councilman Barbier questioned if staff feels strongly about this change. Director of Engineering Redman stated staff administers the request and the final decision is up to the City Council. He stated it would be difficult to ascertain if the people parking are commuters or people working in the area.

In response to Councilman Suess, Director of Engineering Redman stated determining the scope of no parking areas near the train station is done on a case by case basis based on complaints from neighbors.

Councilman Rutledge asked if the parking could be limited to 8 hours instead of 4 hours to accommodate people who work in the area. Director of Engineering Redman responded the City could create a new category of 6 to 8-hour parking if the Council so wishes.

17. Adopt Resolution R-2018-26, A Resolution Authorizing The Execution Of An Agreement With Allscape Incorporated For Lawn Care And Maintenance In The Amount Of $52,660.00

Councilman Scalzo moved and Councilman Barbier seconded that Resolution R-2018-26, A Resolution Authorizing the Execution of an Agreement with Allscape Incorporated for Lawn Care and Maintenance in the Amount of $52,660.00, be adopted.

City Manager Dzugan indicated the City received three bids for this work, with the low bidder being Allscape Incorporated. The contract involves mowing approximately 15 parcels, including the Butterfield Road right-of-way, the Streams subdivision and City facilities.

Roll Call Vote:

Ayes: Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Nays: None

Absent: None

Motion Carried Unanimously

18. Adopt Resolution R-2018-27, A Resolution Authorizing The Binding Of Excess Liability Insurance Coverages For May 1, 2018 Through October 31, 2018

Councilman Rutledge moved and Councilwoman Fitch seconded that Resolution R-2018-27, A Resolution Authorizing the Binding of Excess Liability Insurance Coverages for May 1, 2018 Through October 31, 2018, be adopted.

City Manager Dzugan stated the proposed resolution would authorize the City to bind coverages for excess liability insurance coverage from May 1 through October 31, 2018 in the amount of $37,776.00. He advised the City has been part of a liability pool established in 1987 that will terminate on April 30. City Manager Dzugan stated the new approach will result in cost savings for the City.

In response to questions from Councilman Suess, Finance Director Lehnhardt explained that even though the pool will terminate, there are monies in reserve that will cover any unsettled claims. City Attorney Knippen confirmed the City remains a member of the pool until all claims that occurred during our membership in the pool are settled, even though the City has new liability insurance coverage.

Roll Call Vote:

Ayes: Councilman Rutledge

Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Nays: None

Absent: None

Motion Carried Unanimously

19. Adopt Resolution R-2018-28, A Resolution Expressing Official Intent Regarding Certain Capital Expenditures To Be Reimbursed From Proceeds Of An Obligation To Be Issued By The City Of Wheaton, Du Page County, Illinois

Mayor Gresk announced that the City has developed a list of capital projects for which it reasonably expects to reimburse itself for the expenditures related thereto with the proceeds of an obligation and would like the Council to consider the adoption of a resolution expressing its official intent with regard to such expenditures.

Councilman Suess moved and Councilman Prendiville seconded that Resolution R-2018-28, A Resolution Expressing Official Intent Regarding Certain Capital Expenditures to be Reimbursed from Proceeds of an Obligation to be Issued by the City of Wheaton, DuPage County, Illinois, be adopted.

City Manager Dzugan stated the proposed resolution would allow the City to reimburse itself from bond proceeds for certain expenses incurred before the bonds are sold. He indicated the City has done this in the past and noted that approval of this resolution does not commit the City to the sale of the bonds.

Councilman Suess stated that part of the reason to issue bonds is for the City to have the ability to fund capital projects throughout the City.

Roll Call Vote:

Ayes: Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Nays: None

Absent: None

Motion Carried Unanimously

20. Adopt Resolution R-2018-29, A Resolution Approving A Vacant Land Contract Between The City Of Wheaton And Liberty Drive, LLC

Councilman Prendiville moved and Councilman Suess seconded that Resolution R-2018-29, A Resolution Approving a Vacant Land Contract Between the City of Wheaton and Liberty Drive, LLC, be adopted. City Manager Dzugan stated approval of the contract allows the City to purchase three parcels of land along Liberty Drive that would unify City ownership of the Wheaton Center Garage parcel. He advised the $86,000 purchase price was based upon a fair market appraisal of the land.

Councilwoman Fitch questioned if this purchase would provide access to Union Pacific, an effort that was not successful a few years ago. City Manager Dzugan stated the Union Pacific had originally wanted access through Lot 4, but access through these parcels was suggested as a secondary option at that time.

Roll Call Vote:

Ayes: Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Nays: None

Absent: None

Motion Carried Unanimously

21. Adopt Resolution R-2018-30, A Resolution Approving The Final Plat Of West Liberty Street Subdivision

Councilman Suess moved and Councilwoman Fitch seconded that Resolution R-2018-30, A Resolution Approving the Final Plat of West Liberty Street Subdivision, be adopted.

City Manager Dzugan stated the proposed plat subdivides 531-571 W. Liberty Drive into four lots in order to sell Lots 1, 2 and 3 to the City.

Roll Call Vote:

Ayes: Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Nays: None

Absent: None

Motion Carried Unanimously

22. Council Comment

Councilman Rutledge complimented an employee of the Forestry Division for his polite manner and competency. He also thanked Human Resources Director Schulz for her work on the PSEBA ordinance.

Mayor Gresk welcomed scouts from Troop 35 who were in attendance at the meeting working on their citizenship and communication badges.

23. Approval Of Warrant

Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 725 in the amount of $341,579.48 be approved.

Roll Call Vote:

Ayes: Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Councilman Scalzo

Nays: None

Absent: None

Motion Carried Unanimously

24. Adjournment

Councilman Scalzo moved and Councilman Prendiville seconded that the regular Wheaton City Council Meeting be adjourned at 8:25 p.m.

Roll Call Vote:

Ayes: Councilman Scalzo

Councilman Suess

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Gresk

Councilman Rutledge

Nays: None

Absent: None

Motion Carried Unanimously

https://www.wheaton.il.us/AgendaCenter/ViewFile/Minutes/_04022018-841

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