Friday, February 24, 2006

Feb. 24, 2006

To The Mayor and City Council:

After reading the Letter to the Editor from an Appleton resident, which appeared in the Oshkosh Northwestern this morning, it is obvious that we have struck a homerun at our Public Museum with the excellent job that our staff has done in not only getting the Titantic exhibit to visit our Museum, but in the way it is presented. If you haven’t had the opportunity to visit the exhibit, it is well worth the time and effort to see it. In talking with Museum Director Brad Larson, after the third weekend, our attendance is still very strong. We only hope that it continues throughout the exhibit’s stay at our Museum, which is through the month of April. It is great to see the number of people from outside our community that are making the trip to Oshkosh to visit our Museum.

Some other good news that has been advertised in the press this week is the conversion of the K-Mart store on North Koeller Street to a Sears Grand. It is exciting to see the Sears Corporation returning to our community.

I’m enclosing the Agenda for next Tuesday evening’s Council Meeting. The first Council Member voting on the issues will be Council Member Scheuermann.

We have three public hearings to begin the Agenda. The first public hearing is for the rezoning of 1424 Rath Lane and 1820, 1844, 1874, 1896 and 1900 Omro Road. The petitioner is requesting your approval to rezone the six properties from R-1 single family residence district to a C-2 PD general commercial district with a planned development overlay. This is consistent with the city’s Comprehensive Plan use recommendations for this area. The Plan Commission reviewed and recommended approval of this request. More information on this is included in the memorandum that I’m enclosing from Community Development Director Jackson Kinney.

The second public hearing is to amend Chapter 30 of our zoning ordinance to increase the fee
that is charged for processing conditional use permit requests. This fee has not been increased
since 2001. The Plan Commission reviewed and unanimously approved of this request. More
information on this is included in Jackson’s memorandum.
The third public hearing is also to amend Chapter 30 of our zoning ordinance regarding
floodplain provisions. The Wisconsin Department of Natural Resources and the Federal
Emergency Management Agency have revised their model floodplain ordinance and we now
need to amend ours to incorporate these changes. The Plan Commission reviewed and
unanimously recommended approval of this request. More information on this is included in
Jackson’s memorandum.
Weekly Newsletter
February 24, 2006
Page 2
Turning to the Consent Agenda, Resolution #06-72 would grant a conditional use permit for
1571 South Park Avenue. The petitioners are requesting approval to allow the development
and operation of a drive-thru coffee shop on the south end of an existing parking lot at that
location. The Plan Commission reviewed and recommended approval of this request. More
information on this is included in Jackson’s memorandum.
Resolution #06-73 would approve the stipulation and settlement agreement with the State of
Wisconsin and Decade Properties. Of course, this is dealing with the Pioneer Resort and
Marina property on the south side of the river. This agreement would set into motion the
approvals necessary to implement a new pedestrian trail system on the edge of the property
along the waterfront. More information on this is included in Jackson’s memorandum.
Resolution #06-74 would approve an agreement with Aurora Medical Center for medical
transports by our Fire Department’s ambulance service. The Aurora Medical Center has
requested that the city consider entering into an annual agreement with them for a contracted
amount to provide transports of patients, when needed, to other facilities. I’m enclosing a
memorandum from Fire Chief Tim Franz, which speaks to this agreement.
Resolution #06-75 would approve the purchase of heart monitor accessories from Medtronics
for our ambulance service. It would also rescind a prior resolution for the leasing of this
equipment, which you had previously passed. Due to problems with insurance coverage for
leased equipment, we are now recommending that you approve the purchase of this
equipment, rather than a three year lease. I’m enclosing another memorandum from Fire Chief
Tim Franz, which further explains this change.
Resolution #06-76 is a resolution, sponsored by Council Member Mattox, indicating the
Council’s support for the transfer of land (currently under the control of the Winnebago Mental
Health Institute) to the Department of Natural Resources for use as a public nature area. This
area is also known as Picnic Point. I’m enclosing some information that I received from the
Department of Natural Resources, which had been sent to County Board Supervisor Bernie
Egan, concerning this area.
Resolution #06-77 would approve two agreements with the Department of Transportation for
the rehabilitation of the Westfield Street Bridge over Sawyer Creek and the Pratt Trail Bridge
in Menominee Park. After inspecting both of these bridges, it has been determined that the
decks on the bridges are in need of replacement. The Department of Transportation would
provide funding to the city, with matching dollars from the city, for this work. If you approve
this, the work would be scheduled as part of our 2007 Capital Improvements Program. I’m
enclosing a memorandum from Public Works Director David Patek, which further explains this
resolution.
Resolution #06-78 would approve a Justice Assistance Grant for our Police Department. If we
are successful in receiving this grant, it would allow us to purchase and install traffic and
Weekly Newsletter
February 24, 2006
Page 3
criminal software in one-half of our squad cars. This would allow the electronic printing of
traffic citations in our cars. The Sheriff’s Department has already begun installing this type
of equipment in their vehicles. More information on this is included in a memorandum that
I’m enclosing from Police Chief David Erickson.
Resolution #06-79 would approve the annual fund transfers to close out the books for the city’s
accounting system for 2005. This is a housekeeping issue that we bring before you each year
in order to balance our accounts.
Resolution #06-80 would approve the various, miscellaneous licenses, as recommended and
reviewed by Police Chief David Erickson and City Clerk Pamela Ubrig. That concludes the
Consent Agenda for next Tuesday evening’s Council Meeting.
Turning to pending ordinances, Ordinance #06-81 would re-adopt our Municipal Code Book.
This is a housekeeping measure that was last done in 2002. Throughout the year, as changes
are made to our Code Book, we find the need to update various sections for grammatical errors
and typos. This official re-adoption would incorporate those adjustments. I’m again enclosing
a memorandum from City Attorney Warren Kraft, which further speaks to this ordinance
change.
Turning to new ordinances, Ordinance #06-82 would approve the rezoning of 1424 Rath Lane
and 1820, 1844, 1874, 1896 and 1900 Omro Road. This, of course, is the subject of the first
public hearing on the Agenda and more information on this is included in Jackson’s
memorandum.
Ordinance #06-83 would amend Chapter 30 of our zoning ordinance to change the fee for
applications for conditional use permits. This is the subject of the second public hearing on
the Agenda and more information on this is included in Jackson’s memorandum.
Ordinance #06-84 would amend Chapter 30 of the zoning ordinance for some floodplain
provisions. This, of course, is the subject of the third public hearing and more information on
this is included in Jackson’s memorandum.
Ordinance #06-85 would approve various traffic regulations, as reviewed and recommended
by the Traffic Review Advisory Board. I’m enclosing a memorandum from Transportation
Director Mark Huddleston, which speaks to these changes. That concludes the Agenda for
next Tuesday evening’s Council Meeting.
We have no Executive Session planned, but we have scheduled a Workshop to discuss the Near
East Side Neighborhood Plan, which has been discussed with the Plan Commission and taken
to a neighborhood meeting. This plan would address one of the high priority items contained
in the recently adopted Comprehensive Plan. I’m enclosing a copy of the Near East Side
Neighborhood Plan for your review prior to the Workshop.
Weekly Newsletter
February 24, 2006
Page 4
Other items I’m enclosing with today’s Newsletter include minutes of meetings and they are
as follows:
1. Minutes of the February 14th Council Meeting & Executive Session.
2. Minutes of the February 18th Special Meeting of the Council &Executive Session.
3. Minutes of the February 14th Traffic Review Advisory Board meeting.
4. Minutes of the January 11th Parking Utility Commission meeting.
5. Minutes of the January 23rd Seniors Center Board of Directors meeting.
Looking at my calendar for next week, on Monday morning, I am invited to address the
Oshkosh Collaboration Work Group on the state of the city. Monday afternoon, at 3:00 p.m.,
I will be taping The City Manager’s Report to discuss the Agenda for next Tuesday evening’s
Council Meeting.
Tuesday morning, at 7:30 a.m., I will be attending a meeting of the Oshkosh Economic
Development Corporation Executive Committee. Of course, Tuesday evening, at 6:00 p.m., the
City Council will meet.
Wednesday morning, at 9:00 a.m., we will have our weekly staff meeting to discuss various
issues and concerns.
On Thursday and Friday, I will be in Madison to attend the winter meeting of the Wisconsin
City/County Management Association.
That looks like my week so far. I hope everyone has a great weekend!
Respectfully submitted,
Richard A. Wollangk
City Manager
RAW/jdc
February 28, 2006 Council Memo Page 1
City of Oshkosh - Department of Community Development
215 Church Avenue Oshkosh, WI 54901 (920) 236-5055 (920) 236-5053 fax
MEMORANDUM
TO: Richard A. Wollangk
FROM: Jackson R. Kinney
DATE: February 24, 2006
The following items are scheduled for Common Council action on February 28, 2006.
􀀛 REZONE 1424 RATH LANE AND 1820, 1844, 1874, 1896 & 1900 OMRO ROAD
Norman Mueller, petitioner, Ran-Lie , Inc., owner, requests Council approval to rezone 6 properties from
R-1 Single Family Residence District to C-2PD General Commercial District with a Planned Development
Overlay. Mr. Mueller had initially requested to rezone the properties with a basic C-2, General Commercial
District zoning designation, however, staff had recommended adding the PD overlay zone due to concerns
about the impending US 41 reconstruction project and its impact on the subject properties. Mr. Mueller
understood staff’s concern and agreed to add the designation.
The proposed zone changes are consistent with the City’s Comprehensive Plan land use recommendation
for the area.
At its February 7, 2006 meeting the Plan Commission unanimously approved of this request.
Please refer to the attached report for further information.
􀀛 APPROVE AMENDMENT OF SECTION 30-13 OF THE OSHKOSH ZONING
ORDINANCE (CONDITIONAL USE PERMIT, FEES)
The Department of Community Development requests approval to raise the fee associated with processing
a conditional use permit (CUP) to $300 from $250.
The conditional use permit is one of the more in depth reviews that can take significant amounts of staff
time from various departments to complete from time of application to approval by the Common
Council of the CUP resolution. The proposed fee will help to offset those costs and is also in line with
what area communities charge for a conditional use permit review.
This is the first such fee increase for the CUP category since 2001.
At its February 7, 2006 meeting the Plan Commission unanimously approved of this request.
Please refer to the attached report for further information.
February 28, 2006 Council Memo Page 2
􀀛 ACCEPT TEXT AMENDMENT TO CHAPTER 30/ZONING REGULATIONS – ARTICLE
XV. FLOODPLAIN PROVISIONS
The Department of Community Development requests Council approval of an amendment to the City of
Oshkosh Zoning Ordinance repealing and recreating Article XV: Floodplain Provisions, which encompasses
Section 30-39 through Section 30-67 of the Zoning Ordinance.
The Wisconsin Department of Natural Resources (WDNR) and the Federal Emergency Management
Agency (FEMA) revised their model floodplain ordinance to incorporate recent changes of administrative
code revisions to NR116, to conform to Wisconsin Supreme Court cases and conform to minimum standards
of the National Flood Insurance Program (NFIP) regulations. The City is also required to make these
changes to our present floodplain zoning regulations to ensure consistency of our Ordinance, to continue
to participate in the NFIP and allow the City to receive improved floodplain maps through the FEMA map
modernization process.
The City’s present Ordinance is contained as Article XV of Chapter 30: Zoning Code. Staff feels it would
be much easier and less cumbersome to simply repeal and replace the City’s present Ordinance with the
Model Ordinance prepared by the WDNR.
At its February 7, 2006 meeting the Plan Commission unanimously approved of this request.
Please refer to the attached report for further information.
􀀛 CONDITIONAL USE PERMIT / 1571 W. SOUTH PARK AVENUE
Penny Braatz & Paula Ramuta, petitioners; Nina’s Investment II, LLC, owner, request Council approval for
a conditional use permit to allow the development and operation of a drive-through coffee shop on the south
end of an existing parking lot that serves an existing commercial structure located at 1571 West South Park
Avenue. The subject property is currently under development with the principal structure being
rehabilitated into a laundromat with a drive-thru and also including additional commercial and/or retail
space. The coffee kiosk will be constructed in the front parking lot and will not impact any of the existing
parking spaces.
At its February 21, 2006 meeting the Plan Commission unanimously approved of this request with
conditions.
Please refer to the attached report for further information.
􀀛 APPROVE STIPULATION AND SETTLEMENT AGREEMENT WITH THE STATE OF
WISCONSIN AND DECADE’S
A Memo was forwarded to Council on February 17th that indicated that after many months of negotiations
there appears to be a resolution of the issues that had stood in the way of the development that had been
proposed on the Pioneer Resort & Marina property. The Board of Commissioners of Public Lands for the
State of Wisconsin met in late December and gave approval to a new Land Lease between the State and
Decade’s and to a Stipulation and Settlement Agreement that would be entered into between the State,
Decade’s and the City of Oshkosh which will enable a condo-hotel development to be undertaken on the
Pioneer property.
February 28, 2006 Council Memo Page 3
Subsequent to the action by the Board of Commissioners in late December, title commitment work needed
to be undertaken by Decade’s relative to the agreement, and with the completion of that work the process
can now move forward.
The Resolution that will be before Council will authorize the City to enter into the Stipulation and
Settlement Agreement, a copy of which was attached to the Feb. 17th Memo. Once a 30 day notice period
has expired and no issues are brought forward as a result of that notice, the Stipulation and Settlement
Agreement can be executed.
The City’s responsibility under the agreement relates to the implementation of trail system improvements
in the Pioneer area, which improvements are part of the overall trail system plan for the Fox River Corridor.
Council recently approved the Fox River Corridor Riverwalk Plan and Design Guidelines, and the Council
had previously approved the creation of TID #20, which district will provide the funding vehicle for making
trail system improvements in the Pioneer area. Funds were included in the 2006 Capital Improvement
Program for undertaking the preparation of detailed design plans/construction drawings for the three trail
segments in the Pioneer area, and for initiating construction of improvements in the Pioneer island area.
With approval of the new Land Lease between the State and Decade’s, and with approval of the Stipulation
and Settlement Agreement, the stage will hopefully be set for Decade’s to begin work on the condo-hotel
development that had been delayed for well over a year. I would point out that we will not be undertaking
trail system improvements in the Pioneer island area this year until we are assured that Decade’s will be
proceeding with their project this year.
We are planning on having a Resolution before Council on March 14th to accept the permanent easements
that are necessary for the integration of trail system improvements in the Pioneer area.
If you or any Council members have questions on these items, feel free to give me a call.
JRK/vlr
Attachments
MEMORANDUM
February 24, 2006
TO: Richard A. Wollangk
City Manager
FROM: David C. Patek
Director of Public Works
Re: Wisconsin Department of Transportation (WI-DOT) Agreements
Per your request, I am writing to explain the following “State/Municipal Agreements for a
Highway Improvement Project”:
1. Westfield Street bridge and approaches (over Sawyer Creek):
The Department of Public Works (DPW) applied to the WI-DOT for funding through their
Local Bridge Improvement Program for construction year 2008. The WI-DOT has approved
funding for this project and this agreement covers the proposed bridge rehabilitation project.
The agreement indicates that “work includes bridge deck replacement with minimal approach
work”. The City of Oshkosh will be responsible for an estimated $24,000 related to
construction and WI-DOT engineering for this project. The WI-DOT will fund $56,000 of
the expenses. Funds are allocated in the Street Construction section of the 2008 CIP to cover
the city expense.
2. Pratt Trail Bridge (next to the Zoo in Menominee Park)
Similar to the Westfield Street bridge, the DPW also applied to the WI-DOT for Local
Bridge Improvement Program funding for this project. This funding has also been approved
for 2008. The City of Oshkosh will be responsible for an estimated expense of $15,000. The
WI-DOT will fund $36,000 of the expenses. The agreement indicates that “work includes
removal of the asphalt from behind the wing walls, install drains and granular backfill in
addition to replacement of the deck”.
These agreements are scheduled for Common Council consideration on February 28, 2006 and I
would recommend approval. Please contact me if you have any questions or if you need
additional information.
DCP/jmg
cc: Ed Nokes, Director of Finance
MEMORANDUM
TO: Richard Wollangk, City Manager
FROM: Mark Huddleston, Transportation Director
DATE: February 22, 2006
RE: Explanation of Traffic Regulations Ordinance Changes
SECTION 1: SECTION 27-23(A-11) – PARKING REGULATIONS
A PUBLIC WORKS DEPARTMENT REQUEST FOR NO PARKING ON THE NORTH SIDE
OF BELLFIELD DRIVE FROM ITS WESTERN TERMINUS TO 50 FEET EAST.
[CURRENT CONDITION: UNRESTRICTED PARKING}.
This is a request from the Public Works Department.
The Public Works Department is requesting a no parking zone near the western end of
Bellfield Drive. There is a small asphalt cut-out area on the north side of Bellfield that is
needed for storing snow. Apparently vehicles have been parking in this area and it has not
been available for its intended use. If this area isn’t available the Street Department doesn’t
have anywhere to pile snow until it can be picked up by a truck. This area may also serve
as a turn-around area for vehicles unknowingly reaching the end of the roadway during the
summer months
PASSED BY TRAFFIC REVIEW BOARD (7-0)
AN OSHKOSH SCHOOL SYSTEM REQUEST FOR UNRESTRICTED PARKING ON THE
EAST SIDE OF CENTRAL STREET FROM TENNESSEE AVENUE TO NEW YORK
AVENUE. [CURRENT CONDITION: NO PARKING FROM 7:00 A.M. TO 8:00 A.M. AND
2:30 P.M. TO 3:30 P.M.].
This is a request from the school system.
This area currently has a no parking restriction from 7:00 a.m. to 8:00 a.m. and 2:30 p.m. to
3:30 p.m. This was implemented several years ago to eliminate teacher parking and provide
on-street parking for visitors. The school doesn’t feel that visitor parking is an issue and
would like to have this area available for long-term parking. There is adequate width on
Central Street for on-street parking and the change to long-term parking on the east side of
the Central Street will not create any traffic flow problems. The removal of the existing
parking restrictions will provide an additional twelve spaces for employee parking
PASSED BY TRAFFIC REVIEW BOARD (7-0)
A CITIZEN REQUEST FOR NO PARKING ON THE NORTH SIDE OF CONGRESS
AVENUE FROM ALGOMA BOULEVARD TO 80 FEET EAST OF ALGOMA
BOULEVARD. [CURRENT CONDITION: UNRESTRICTED PARKING].
This is a citizen request.
In 2005, the Transportation Department painted lane lines for westbound traffic on Congress
Avenue at its intersection with Algoma Boulevard. A citizen reported that vehicles are
parking near the intersection and blocking a traffic lane. The normal parking restriction on
the approach to a signalized intersection is 150 feet. I am requesting a reduced parking
restriction of only 80 feet to accommodate the parking needs of the Paine Museum. I don’t
believe the removal of three parking spaces will have a significant impact on the parking
demands for the vast majority of the year. A signalized intersection needs parking removed
due to the amount of vehicular activity occurring at the intersection. The removal of the
parking near signalized intersections is a basic step in providing a safe driving environment.
PASSED BY TRAFFIC REVIEW BOARD (7-0)
HIGH AVENUE
This item will correct the ordinance to reflect the actual condition on the street.
A BUSINESS OWNER’S REQUEST FOR 2-HOUR PARKING ON THE EAST SIDE OF
MAIN STREET FROM 60 FEET SOUTH OF WAUGOO AVENUE TO 84 FEET SOUTH OF
WAUGOO AVENUE. [CURRENT CONDITION: HANDICAPPED PARKING].
This is a request from the owners of Christensen’s located at 224 N. Main Street.
The City created a handicapped stall several years ago at the request of the former owner of
Christensens. The store has since changed owners and the new owners feel this handicapped
stall is causing problems for customers. There are a number of different signs in this area and
several customers have parked in the handicapped stall by mistake. The City isn’t required
to provide handicapped parking on the street, but the Board has tried to accommodate these
requests in the past. I am not aware of the demand for handicapped parking in this area, but
we will notify the businesses located on the 200 block of N. Main Street.
PASSED BY TRAFFIC REVIEW BOARD (7-0).
A REQUEST FROM TWO BUSINESS OWNERS FOR 4-HOUR PARKING ON BOTH
SIDES OF OREGON STREET FROM 10TH AVENUE TO 12TH AVENUE BETWEEN THE
HOURS OF 9:00 A.M. AND 6:00 P.M. DAILY EXCEPT ON SUNDAYS AND NEW YEAR’S
DAY, MEMORIAL DAY, FOURTH OF JULY, LABOR DAY, THANKSGIVING DAY AND
CHRISTMAS DAY. [CURRENT CONDITION: 2-HOUR PARKING].
This is a request from two business owners on Oregon Street.
The Parking Utility voted to remove the 2-hour metered parking on Oregon Street and allow
2-hour free parking. This change was implemented a few weeks ago, and two businesses are
concerned with this change to the parking ordinance. These businesses are located between
10th Avenue and 12th Avenue, and they feel a 4-hour restriction would better serve their
needs. These two blocks have fewer retail stores that require short-term parking. I don’t see
a major problem changing the 2-hour parking to 4-hour parking, but there is always the
danger that vehicles will occupy a space for extended periods. We will notify all the
businesses in this two block area, and hopefully we will receive some feedback on the type
of parking restrictions that will work best in this area. I don’t believe having a longer time
limit south of 10th Avenue will be an enforcement issue, but I do believe the limit should be
the same for this two block area of Oregon Street. There are no time restrictions on Oregon
Street south of 12th Avenue.
PASSED BY TRAFFIC REVIEW BOARD (7-0).
A CITIZEN REQUEST FOR NO PARKING ON BOTH SIDES OF SOUTH WESTFIELD
STREET FROM ITS NORTHERN TERMINUS TO 194 FEET SOUTH. THE NO PARKING
ZONE EXTENDS FROM THE DRIVEWAYS OF 191 AND 200 SOUTH WESTFIELD
STREET TO THE NORTHERN TERMINUS OF SOUTH WESTFIELD STREET.
[CURRENT CONDITION: UNRESTRICTED PARKING].
This is a request from a citizen.
The cul-de-sac located on the northern end of South Westfield Street was created to allow
vehicles to make a u-turn at the terminus of this dead-end street. The width of Westfield
Street is 39 feet and the cul-de-sac is 74 feet wide. There are number of large vehicles such
as fire trucks that are unable to make an unobstructed turn with vehicles parked in the cul-desac.
This cul-de-sac is located 1,100 feet from 5th Avenue and it is not safe for large vehicles
to back from this area to 5th Avenue. Most cul-de-sacs are not located so far away from the
nearest cross street and parking is not normally an issue. There have also been issues with
vehicles blocking mailboxes. The removal of parking in the cul-de-sac will eliminate
approximately four parking spaces. This action may force vehicles to park further south on
Westfield Street, but the need for a safe turn around area outweighs any inconvenience caused
by the removal of parking.
PASSED BY TRAFFIC REVIEW BOARD (7-0).
A REQUEST BY SACRED HEART CHURCH FOR AN ADDITIONAL HANDICAPPED
PARKING STALL ON THE NORTH SIDE OF 6TH AVENUE FROM 134 FEET WEST OF
KNAPP STREET TO 147 FEET WEST OF KNAPP STREET. [CURRENT CONDITION:
UNRESTRICTED PARKING].
This is a request from Sacred Heart Church.
The Sacred Heart Parish has experienced an increase in the demand for handicapped parking
near the entrance to the church. The Church has requested an additional handicapped parking
stall on 6th Avenue to the west of Knapp Street. This will provide a total of three on-street
handicapped stalls near the church. The Church also plans to add more handicapped stalls
in their parking lot. The new handicapped stall shouldn’t have a negative impact on parking
in this area, and is supported by the Church.
PASSED BY TRAFFIC REVIEW BOARD (7-0).
10TH AVENUE
This item will correct the ordinance to reflect the actual condition on the street.
SECTION 2: SECTION 27-51 – WEST TENTH AVENUE PARKING LOT
A BUSINESS OWNER’S REQUEST TO CONVERT THE 2-HOUR PARKING TO 4-HOUR
PARKING IN THE 10TH AVENUE PARKING LOT LOCATED ON THE SOUTH SIDE OF
10TH AVENUE EAST OF OREGON STREET. [CURRENT CONDITION: 2-HOUR
PARKING FROM 6:00 A.M. TO 6:00 P.M. MONDAY THROUGH FRIDAY].
This is a request from a business owner.
This item is directly related to the parking changes on Oregon Street. The bowling alley
located on Oregon Street would like to see the 10th Avenue Parking Lot changed from 2-
hour parking to 4-hour parking. The monthly permit parking section of the lot would
remain the same. This parking lot is underutilized and would serve as an overflow
parking area if all the spaces on Oregon Street are occupied. I don’t believe this change
will have a negative impact on parking in this area
PASSED BY TRAFFIC REVIEW BOARD (7-0).

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