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OFFICE OF THE MAYOR

DAVE HEILMANN
MAYOR
May 13,2013
MEMORANDUM
To: Village Attorney Paul O'Grady
From: Mayor Dave Heilmann
9446 South Raymond Avenue
Oak Lawn, Illinois 60453
(708) 636-4400 Fax (708) 636-8606
dheilmann@oaklawn-il.gov
I am writing this memorandum to the Village Attorneys, with a request for dissemination to the
new Village Board, pursuant to my responsibilities to investigate complaints against officers of
the Village under Title 1, Chapter 5-4 ofthe Village of Oak Lawn Code.
We have a serious issue regarding possible racial discrimination by Village Manager Larry
Deetjen that I was given notice of late last week.
As you know, it is the responsibility of the Village President to inquire into all reasonable
complaints made against officers of the Village and report to the Board on this. I have not
conducted a full investigation into this but the information I have received and reviewed raises a
number of questions and is not good for the Village. There may well have been racial
discrimination involved in the attempt by Jen Care Medical Centers to locate at the House of
Brides property in Oak Lawn. I am requesting that this be fully investigated, possibly by an
independent outside investigator.
As you know Jen Care Neighborhood Medical Centers is on the Village Board agenda for
Tuesday May 14, 2013 with respect to locating at the former Men's Warehouse site at 6160 W
95th Street.
I have been advised by representatives of the House of Brides and Jen Care that this is not where
Jen Care wanted to locate in Oak Lawn. They were negotiating for approximately 3 months to
locate Jen Care at the House of Brides location at 5433 W 95th Street. This was Jen Care's first
choice. I was informed by Jen Care and House of Brides representatives that significant efforts
had been made by both parties to come to an agreement on locating at that House of Brides
location.
Village records shows that back in February Jen Care, through its VP Dr. Gordon Chen, advised
the village manager that the House of Brides location is where they wanted to locate. The village
manager said that he would not recommend this.
Email exchanges and minutes ofP and DC meetings indicate that Larry Deetjen strongly
opposed Jen Care going into that House of Brides location.
Jen Care first came before the Planning and Development Commission April1, 2013. The
petition was continued to the following meeting. The April 1 meeting minutes indicate that Mr.
Deetjen expressed "deep concerns" for that location. He also stated that a 57% parking variance
is significant. However, the Men's Warehouse site they are going to, which the manager
recommended, required an 87% parking variation.
I was informed that after that April 1 meeting representatives of Jen Care made comments that
they felt that "someone in the village" was against their petition but they did not know what the
issues could be. They advised a Planning and Development Commission member that they were
getting resistance from Larry Deetj en for a while and felt they were being steered to the property
at 6101 West 95th Street, the former Men's Warehouse.
These individuals expressed that the House of Brides location was their first choice and felt that
if the manager was trying to push them to one place over another the village would make the
permit and building process difficult if they persisted contrary to those desires.
I read the minutes of the April15, 2013 P&DC meeting where the petitions failed. I was advised
that there was tension regarding this issue and certain Planning and Development commissioners
questioned the conduct of the manager with respect to this petition.
I was informed by a representative of the House of Brides that they were upset that Village
Manager Deetjen was interfering. That representative stated that their attorney said that he had
never seen anything like this in all of his years of practice. I was informed that that their agent
CB Ellis was shocked at the manager's conduct and said that no suburb acts like this.
I was informed that Larry Deetjen told representatives of Jen Care that "they will not get 4 votes
on the new board" to locate at the House of Brides location.
Jen Care had previously advised Mr. Deetjen ofreasons why they didn't want to go the Men's
Warehouse site. It would cost them another $700,000. They needed a greater parking variance
than at the House of Brides site. They would have to knock down part of the building to add
parking spaces.
They were apparently told by Mr. Deetjen to get a license from Oak Lawn H.S. to lease 30
parking spaces from the school and this would allow the variance to pass. Oak Lawn H.S is
nearly two blocks away and across 95th Street. I have never heard of anything like that. Since
they were told by Mr. Deetjen that the new Village Board was not going to approve of Jen Care
at the House of Brides site, they relented and now are going to the Men's Warehouse site. I
believe they already have an agreement with Oak Lawn High School for the additional parking,
which happened rather quickly.
What the Village Board and counsel should consider is that there were three independent groups
- P and DC members, Jen Care reps, and House of Brides reps- all asking the same question:
"Why was Larry Deetjen so opposed to Jen Care going to that House of Brides site?"
I started asking some questions about this to the Village Manager last week. On Thursday I was
informed that several weeks ago Larry Deetjen said to village employee Chad Weiler, the
business development director, that he did not want Jen Care going into that House of Brides
location because "he does not want that type of clientele" near the center of town.
There was an unusual set of events that took place Thursday. Mr. Deetjen brought Mr. Weiler
into his office and began talking about a meeting that Mr. Deetjen and Mr. Weiler had with the
owner (or husband of owner) of House of Brides a week or so ago. Mr. Deetj en asked
Mr. Weiler if he had felt threatened by the conduct of the House of Brides owner in that meeting.
Apparently at that meeting, the man from the House of Brides was very upset with Larry Deetjen
for interfering in the business relationship between Jen Care and the House of Brides, causing
House of Brides to lose the deal. Mr. Weiler said that he did not feel threatened but that the
owner ofHouse of Brides was very angry at Mr. Deetjen.
Hours after that meeting between Mr. Weiler and Mr. Deetjen Thursday, Oak Lawn Police
detective, Tom Cronin, was sent to interview Mr. Weiler, presumably by Larry Deetjen. Det.
Cronin went to Mr. Weiler's office with a notepad to ask questions about that meeting with the
owner of the House of Brides. Mr. Weiler was upset that the manager had sent an Oak Lawn
police officer to ask him questions without being told what this was about and he called me to let
me know. Mr. Weiler was asked about whether he felt threatened by the owner of the House of
Brides, and he responded that he did not. He also informed Detective Cronin that Larry Deetjen
opposed the Jen Care facility going to the House of Brides location because he did not want that
"type of clientele" near the center of town.
Mr. Weiler informed me that he was concerned about the village being sued for racial
discrimination by Jen Care because of the comments by Mr. Deetjen. Mr. Weiler told me
privately that he felt the manager's comments were racial and that it was wrong.
I hope people think about those words. Isn't saying that we don't want a type of person "near the
center of town" and to find a place for them down the street like saying "move them to the back
ofthe bus?"
There are many questions. The first of course is whether these comments were made by the
village manager to Chad Weiler. We all know that the manager was accused of making racial
remarks at his last job in Florida, so there may be a history.
The second is why was Larry Deetjen so adamant in opposing Jen Care from going to the House
of Brides location? What reason would there would be for a village manager to be telling
planning and development commission members what a business should or should not do when
that is supposed to be an independent body appointed by the board exercising their own
judgment?
A third issue is whether the village manager contacted any members of the planning and
development commission prior to the April 15, 2013 meeting and requested them to vote against
the Jen Care petition to move into the House of Brides location. If the manager was opposing this
for racial reasons and used his authority to influence P and DC members, that is another serious
ISSUe.
A fourth issue may be the relationship ofthe manager with the Men's Warehouse and the agents
representing that company. There is history of the village manager interfering in a different
business relationship, specifically that with Little Company of Mary and Bally's. A few years
ago I received a call from the President ofLCOM complaining about the conduct of Mr. Deetjen.
LCOM was the owner of a building Bally's was leasing near 95th and Oak Park. Bally's needed a
lease extension but LCOM wanted to get its construction started on the new urgent care center.
The manager called a representative of the hospital and asked them to allow for the extension for
Bally's. The President of LCOM told me that the manager became very angry and yelled at the
LCOM representative "to remember that all permits go through him" and then hung up on them.
The brokerage/real estate co. involved with Bally's in that deal is the same one for the Men's
Warehouse. It may be nothing more than a coincidence, but we have two instances where
private businesses are complaining of interference by the village manager in their private
transactions and both times the same real estate agent was involved.
I believe that the manager should also be investigated for using the village staff and specifically
the police department for this claim of being threatened physically. If he had called the police
the day ofhis meeting with the House of Brides representative it might make more sense. But he
didn't. It was only after I started asking questions that the manager and then brought Mr. Weiler
into his office over one week after that meeting and then got the police involved. If the manager
is attempting to somehow cover his past conduct and use a police report to do it that would be
another serious issue. Once again, there is some history on this. In Florida the manager was
suspended for insubordination when he ordered the police department remove a public official
from his office.
I am concerned on many levels of what has taken place. When I hear that two businesses were
both questioning interference by the village manager and asking why he is trying to push a
business from one location to another, it immediately raises red flags. When I am then told by a
village employee of his concerns that a business may have been racially discriminated against
due to comments by the village manager, coupled with the manager's direct involvement in
opposing the petition of Jen Care to go into the House of Brides location, we may have a far
more serious situation. The email records, information I have received from those involved,
minutes, comments from staff, representations by the manager that a new board won't allow Jen
Care at the site they desire, the history of conduct of our manager, his act of sending Oak Lawn
Police to the office of an employee, and this very strange parking arrangement warrant a
thorough investigation.
Please share this with the new Village Board.
Dave Heilmann
Additional Note:
On Tuesday May 7, 2013, I asked Tom Swaw to retrieve email records and place these on a disk
for me as he had done in the past. He agreed to do so. The records requested were all email
communications between the Village Manager Larry Deetjen and village attorneys from
November 1, 2012 through last week.
This morning, May 13, 2013, I was at Village Hall with the intention of reviewing that disk. It
was not on my desk and so I called Tom. He informed me that he was instructed by Larry
Deetjen, on advice of your office, not to provide me with these records. I asked him to please
then send me an email documenting the instructions, but he has not done so and my belief is that
this is on further direction of the manager.
My request was made under Illinois state statutes, which specifically provide that the Mayor at
all times may examine and inspect the records of any officer ofthe municipality. Our Village
Code also states (1-9-8) that the Village President may at any time inspect the records of any
officer. You have also confirmed for me, at a board meeting, that this is an absolute right of the
mayor under Illinois law.
As you know, the mayor has duties to investigate complaints regarding officers of the Village. I
made this request to the IT Director in furtherance of those duties. On your advice he refused to
do so which I believe is a violation of Illinois law and the Oak Lawn Village Code. What makes
the issue worse is that the people who were instructing Tom Swaw to not follow Illinois law and
our Village ordinances are the individuals whose records I am seeking to examine.
I am asking you, as Village Attorney, to advise the Village Manager that under Illinois law I
have a right to those records and that for him to give the appropriate directive to staff to follow
the Village of Oak Lawn Code and laws of the State of Illinois and provide to me the records
requested.
Dave Heilmann
Thomas Swaw
From:
Sent:
To:
Cc:
Subject:
Attachments:
Gordon L. Chen <gchen@chenmed.com>
Wednesday, February 27, 2013 1:57 PM
Larry Deetjen
Jack Gallagher; Daniel Omiecinski; Patrick Connelly; Chad Weiler
RE: Jen Care in Oak Lawn
imageOOl.png
Thanks Larry. Looking forward to hearing from their feedback.
From: Larry Deetjen [mailto:ldeetjen@oaklawn-il.gov]
Sent: Wednesday, February 27, 2013 2:21 PM
To: Gordon L. Chen
Cc: Jack Gallagher; Daniel Omlecinski; Patrick Connelly; Chad Weller
Subject: RE: Jen Care in Oak Lawn
Gordon, I will report to our Mayor and our Board your position. I cannot recommend it but the Board needs to know the
stated factors surrounding the other two sites that were narrowed down to by your team. The Board will be updated this
Friday. Thx, Larry
lARRY R .. DEETJEN CM
VJU..AGf. MANAGER
TIH vru ... c:l nt
OAK LAWN
(708) 499-7743
9441> S. RIIYMON!) AVENllf.
0.1\10: l.AWN. ILLINOIS 60-15.1
IAC:;IMIU: (70SJ 636!0(

WWW.OA!o:I.A\VNI !.GOV
From: Gordon L. Chen [mallto:gchen@chenmed.com]
Sent: Wednesday, February 27, 2013 6:01AM
To: Larry Deetjen
Subject: Jen Care in Oak Lawn
Hi Larry,
Thank you so much for your time on our behalf.
We've had our teams evaluate the properties and narrowed the properties down to 2 options that we initially thought
were viable.
The 6101 W 95
1
h Street location is a viable option, however the would require us to lease about 5,400 sq ft
more space then we require. It totals 13,109 sqft and currently, we were planning on 7,733 sqft from the Bridal
store. Also the parking would be an issue as it has dedicated 20 spots.
o We have estimated that the costs would be an additional $700,000 over the first 7 year term of the
lease. I know that would be over budget. I am checking with our board on this to see if anything can be
done, but am doubtful.
The 9815 SW highway our team feels that would need significant amount of construction to revamp the
building and we would miss our targets for timeline and budget, and the parking would be a major concern.
136
For the bridal store, we were looking at, since the outside of the building is in good shape, all that would be required is
the inside which allows us to meet our tight deadline, and realistically open within 4-5 months. The owners of the store
had mentioned to us that they are closing the store regardless of our final decision to go there.
Larry, we'd really appreciate your support for continuing in the Bridal store that we had been looking at. We have initial
architectural plans that had been drawn and a lease that had already been negotiated that is pending signing contingent
upon the parking variance. My promise to you is that the location will provide tremendous value to seniors, we will do
our best to build a strong relationship with the senior community and the Village of Oak Lawn, and you will be blown
away when I take you for a tour of the facility. Also, we'd be happy to do any events together including a grand opening,
ribbon cutting with you and the Mayor, and I think it would be a tremendous message to the seniors there that the
Village of Oak Lawn is dedicated to senior needs and their interests.
Please let me know your thoughts. I hope you and your family were OK with the recent storm.
Warm Regards,
Gordon
Gordon L. Chen MD
SVP- ChenMed
Internal Medicine/Cardiology
WARNING: All e-mails sent to and from this address will be received by the Chen Medical e-mail system
and is subject to archival and review by someone other than the recipient.
The information contained in this transmission may contain privileged and confidential information, including
Protected Health Information protected by federal and state privacy laws and proprietary trade secrets and
intellectual property. It is intended only for the use of the intended recipient and shall not be shared with anyone
else without the sender's express permission. If you are not the intended recipient, you are hereby notified that
any use, review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you
are not the intended recipient, please contact the sender immediately by reply to this e-mail and destroy all
copies
ofthe original message.
WARNING: All e-mails sent to and from this address will be received by the Chen Medical e-mail system
and is subject to archival and review by someone other than the recipient.
137
Thomas Swaw
From:
Sent:
To:
Cc:
Subject:
Attachments:
Larry Deetjen < ldeetjen@oaklawn-il.gov>
Friday, February 22, 2013 1:55 PM
gchen@chenmed.com; Jess Timmerman
Chad Weiler; Jack Gallagher; Joseph Tauer; Josh S. Jones
FW: economic development/alernative sites for your review/privileged/confidential
image003.png; image002jpg; Oak Lawn Development Sites.pdf
Gordon and Jess, just some more information to get you started. Chad will elaborate on Monday. The Town Of Lake on
Southwest Highway works in concert with the adjacent '' Chlze property" which is currently vacated after court ordered
demolition and subsequent lien placed on property by Village; the Karas works on an interim 1-2 year basis; the Beatty
involves the adjacent Permacor property all under contract with an exciting redevelopment plan; the Consolidated Tile has
more parking than stated;adjacent public parking;and possible further parking to be leased. More to follow Monday. Larry
--------------------------------------
From: Joseph Tauer
Sent: Friday, February 22, 2013 1:29PM
To: Larry Deetjen
Cc: Chad Weiler; Josh S. Jones
Subject: RE: economic development/alernative sites for your review/privileged/confidential
Hi Larry and Josh,
Attached is per your request to identify the list of sites below, plus 2 extras. I am unsure about the Beatty property( I
included East portion) Please let me know if there are adjustments in this request when possible, thank you.
COMMUNITY DEVElOI'MEN'I' & GROWfJI MANAGE'MfNT
THt VlU.Ari E Of
OAK LAWN
From: Larry Deetjen
jOSEPH T. TAUER, GISP
GIS COORDlNATOitiPt.A.NNf.ll
(708) 499-7711
9416 S IV.YMONO AVI'Nl.JI
OAK L\'I'.'N. IL L I N O I ~ 60453
C'flL (630) JOJ.J'}37
(TAUI R@>c)AKlAWN-ILGOV
\o\'WW.OIIKLAWN-ILGOV
Sent: Thursday, February 21, 2013 7:15 PM
To: 'gchen@chenmed .com'; 'jess.timmerman@jencaremed .com'
Cc: Chad Weiler; Josh S. Jones; Joseph Tauer
Subject: economic development/alernatlve sites for your review/privileged/confidential
Gentlemen, it was a pleasure meeting both of you today. I will be updating our Mayor and Board and I appreciate your
sincere offer to at least look at possible alternative sites for you JenCare senior care neighborhood medical center. Our
Village's economic development team is copied and tomorrow we will send you in PDF form data on the following
alternative sites:
1. For lease.-.property across from Hawk Ford only seasonly used now for Halloween Express
147
VILLAGE OF OAK LANW
PLANING AND DEVELOPMNENT COMMSSION
Monday, Aprill, 2013
Minutes # 2013-5
Ernesto Cercas, 2423 S.W. 25 Terrace, Miami. FL
Mr. Dose indicated focus of the meeting is the parking, the facility is approved for Zone C-2 and there
is a 33 space parking lot that is being addressed.
Mr. Cercas stated he knows the facility very well; he is the architect for all JenCare locations. These
are first class state of the art facilities and have a commitment to the senior population. The penn it to
start construction should take 2 months to complete. This building is just about 7700 square feet.
There are 5 other centers in the Chicagoland area. The operation will have a rotating staff, primarily
doctors and specialty staff. In addition, there is planned to have a private bus for transportation to and
from the center. Mr. Dose added the peak number of staff in the center would be 15 and patients about
15 as well. Mr. Timmerman stated this is a medical center, not an urgent care facility.
Mr. Cercas indicated the average parking is half for patients. JenCare is hoping to expand the parking
lot to hold 35 spaces as opposed to the 33 that are there currently. Chainnan Gray asked if they can do
better than 33. Mr. Cercas said yes. Commissioner Eggert indicated that there may be more spaces
available in that lot. He also inquired about street parking. Mr. Cercas advised they are just focusing on
the parking lot. Commissioner Piazza asked where the numbers are coming from. Mr. Cercas stated
that most of the employees probably will drive. Commissioner Tebo asked for an explanation of the
bus transportation. Mr. Timmerman responded it would be door to door service; expected to be very
volume of participants in the bus program, SO% of the lot for employees and 50% for patients.
Commissioner Piazza asked about the hours of operation. Mr. Timmerman replied Monday thru Friday
7:30a.m. to 4:30 p.m. Commissioner Tebo asked where are the other locations near Oak Lawn. Mr.
Cercas replied that construction has already begun on 87th and California in Evergreen Park, in the old
Walgreen's building.
Commissioner Schrader asked about other locations and the parking they provide. Mr. Cercas
explained each center is different; it ranges from 30 to 200 depending on the location of the center.
Commissioner Schrader questioned if the parking lot is trying to be made more efficient, he would like
to see a site plan. Mr. Gallagher asked about the landscaping plans and the requirements to make it
nice. Mr. Cercas stated they would add landscaping and repeated the intention of 3 additional parking
spaces. Commissioner Schrader asked if there was a site plan, if none there would be a request for one.
Mr. Gallagher asked if there are any far,:ade improvements or landscape improvements planned. Mr.
Cercas explained only the interior will be addressed, full demo and remodel to include X-Ray area,
exam rooms, waiting room etc. Mr. Timmerman stated that a records center, phannacy, dental and
vision care will also be available at the center. Mr. Gallagher asked if the commission was comfortable
with the number of members in attendance and there is a good discussion and what the plan was for the
signage as far as replacing with a monument sign. Mr. Cercas replied they will use the existing sign.
Chairman Gray asked if JenCare has looked at many other locations. Mr. Cercas responded they have;
they require at least 7500 square feet of space, parking needs and the exposure to the community. This
is the ideal location for JenCare.
Mr. Deetjen expressed deep concerns for the location citing impact, public safety and welfare of the
community. Mr. D e e ~ en asked if the property located at 87'
11
Street in Oak Lawn was looked at. Mr.
Deetjen continued that the exterior of the proposed location is in need of attention, material was
peeling on facility, pylon sign would not be acceptable in today's standards, and added they must do
better. Chairman Gray asked for additional comments. Mr. Timmennan stated JenCare has looked at
other locations; the location on 95th Street west of S.W. Highway where the old Halloween Store was
located, however that petition is not on the agenda until the next scheduled meeting. Mr. Timmerman
stated they have been looking at locations since December of 2012.
Page 3 of 5
VILLAGE OF OAK LANW
PLANING AND DEVELOPMNENT COMMSSION
Monday, Aprill, 2013 .
Minutes# 0 1 3 ~ 5
Steven Marcunis, 535 N Michigan Ave, Chicago,IL
Mr. Marcunis pointed out that this meeting was to approve a parking variance. Mr. MarcWlis expressed
JenCare is a national company looking to increase its presence in the Midwest. They have indicated
financial security and would be a valuable tenant for Oak Lawn. Mr. Deetjen answered he appreciates
comments made by Mr. Marcunis. However, there has been no dialogue regarding the site plans,
landscaping. What does the landlord propose for the improvements? He further expressed that a 57. I%
is significant. Mr. Deetjen asked if this is the highest and best use of the property. Mr. Deetjen stated
this is constructive criticism; Oak Lawn is currently working on a 95thStreet Corridor Plan; its intention
is to define the vision for the future for Oak Lawn. He added that more dialogue and information
needed to obtain a clear answer for this facility. Mr. Marcunis explained this is identical to the parking
variance scheduled for the next meeting. Mr. Gallagher indicated any recommendations from this
meeting and the following meeting on April15, 2013 will go to the Village Board on April23, 2013.
Lynn Bracket, 333 Webster, Elmhurst, IL
Ms. Broker stated that the she has been marketing the location in question for over 3 years; no interest
except medical facilities, one fmancial institution and a pawn shop. Mr. Deetjen stated that there is a
disconnect. He questioned why brokers do not come into the Village and have a conversation to
discuss possibilities for the property.
Mr. Marcunis stated that House of Brides will close by July 2013. This issue today is the variance for
the parking lot, only re-striping of an existing parking lot. He hopes this will not be an impediment to
his client signing a lease.
Commissioner Eggert explained that most of the variances given are for new construction. This issues
is a "red hearing", it would be a bonus to obtain additional parking spaces. Commissioner Eggert
added concerns that valuable members of this Commission are not in attendance and they would have
valuable input on this issue. Commissioner Eggert suggested that they postpone and near both
variances at the meeting on April 15, 2013.
Yvette Buziecki asked why the Commission is denying the request. Her business is closing in July and
needs a tenant to rent, mortgage and other bills. Commissioner Eggert answered they are not denying
the request. Chairman Gray explained there are other issues to be resolved; master plan and
neighborhood. Yvette explained she had done all she can; hired a real estate broker to help her.
Chairman Gray stated if Mrs. Yvette contacted this Commission or the Village Manager for help there
may have been other businesses that may have been interested in the property. It is not a requirement
however, the resource are available to anyone in the community. Mr. Deetjen stated he would try to
assist Yvette Buziecki. In addition, the Village has a full time employee that handles business
development, should use this resource along with the Chamber of Commerce. Yvette Buziecki
explained this is why she hired Ms. Bracket.
Patricia Ryan, 9510 West Sbore Drive, Oak Lawn, IL
Mrs. Ryan indicated she is a back-yard neighbor to the property for over 20 years. She is concerned if
the property is vacant there may be kids hanging out and causing problems for the neighbors. In
addition, she would like to see a business there and not another vacant store. She would have no
objections to JenCare.
Commissioner Tebo stated he respects Commissioner Eggert's opinion that there is a need for more
information; he does not want to be railroaded into a snap decision. Commissioner Schrader asked Mr.
Gallagher if they can vote on the parking variance ifthere is no site plan. Mr. Gallagher explained they
would be voting on "cannot exceed" a variance of the amount in the petition and the site plan would
have to agree with what was approved.
Page 4 of 5
04/12/13 01:46PM COT & Mikuzis, LLP ->Oak Lawn P&D commission
Pg 2/3
7086368606
VIA FACSIMILE
BALOURDOS & MIKUZIS, LLP
ATrORNEYS AT LAW
WWW.BMLAWLI.P',COM
April12, 2013
f>lrect: 312.222.1004
Fax: 847.346.1947

Planning & Development Commission
V iJ I age of Oak Lawn
Dear Commissioners:
Re: Pet. #201314-Request for a 57.1% Parking
Variation for 5433 W. 95th Street by Jen Care
Neighborhood Medical Center as Petitioner
By way of introduction, I am coWlsel for the owner/landlord of the above captioned location.
The Petitioner (Jen Care) is a prospective tenant looking to lease the property from my client so we have
a vested interest in the outcome of these proceedings. In fact, we have worked alongside Jen Care in
expediting the variance approval process and have made certain inquiries with the Village of Oak Lawn.
The pUlJIOSe of this Memorandum is attempting to focus the Board's attention on the underlying issue
concerning Jen Care's petition.
At the April I" hearing, I understand the Commissioners present considered Jen Care's petition
and there was a discourse concerning the impaot the variance would have on the surrounding area. The
Village Manager, Mr. Larry Dcetjen, prcsentl:d argwnents against the petition citing nwncrous
objections which we will not get into now. Suffice it to say. we disagree with those objections.
One point of contention we would like to specifically address and that deals with the Village's
Comprehensive Plan ("Plan") for the area. We have yet to review this Plan as the document is not
available on the Village's website. As it currently stands, medical facilities ate a pennitted use and do
not require a variance except of course as it pertains to parking, which is the underlying issue before the
Board.
Jen Care's Application provides in detail the minimal impact its use would have on parking or
traffic in the aiea as many of its patients are transported to the facility via bus/shuttle service. We do not
wisb to argue on behalf of the applicant or further complicate matters for the Board. However, we do
want to emphasis and limit the Board's review to the proposed variance sought and not include ancillary
a.rgwnQnts or issues that are not relevant to the issue at hand.
We thank you for your time in reviewing this Memorandum and look forward to continuing our
discussion concerning this petition.
535 N. Michigan Avenue Suite :200 Chi coso, IL 60611
04/12/13 01:46PM CDT Balourdos Mikuzis, LLP -) Oak Lawn Commission
pg 3/3
Planning & Development Commission
Aprill2, 2013
Page 2
MSB
<:c: Preservation on Main, Inc., via email
EHB Leasing, Inc., via email
Very buly yo\11'8,
Balourdos & Mikuzis, LLP
____________________ _
Michael S. Balourdos, one of its Partners
7086368606
DEPARTMENT OF COMMUNI1Y DEVELOPMENT
AND GROWfH MANAGEMENT
MEMORANDUM
THE VILLAGE OF
Divisions of: Engineering & Transportation
Planning, Building & Zoning
OAK LAWN
Property Maintenance, Health & Environmental Services
To:
From:
Date:
Subject:
PLANNING & DEVELOPMENT COMMISSION
DONALD E. MCKENNA, BUILDING & ZONING ADMINISTRATOR
MARCH 22, 2013
PET. #2013-14- REQUEST FOR A 57.1% PARKING VARIATION
@ 5433 WEST 95TA STREET. JEN CARE NEIGHBORHOOD MEDICAL
CENTER. PETITIONER
This request is for a 57.1% parking variation to allow for a medical facility called Jen Care. Building
files indicate there is no parking variation presently on this parcel. A copy of Staff's parking
calculations, dated March 22, 2013, and an aerial survey showing 33 parking spaces have been
included for your review. A plat of survey for this property, dated April 29, 1983, shows the site to be
21,336 sq. ft. in area, and the building on this lot to be 7,734 sq. ft. in area.
Section 4-13-4 of the Village ordinance states a medical type use shall provide one parking space for
each 125 square feet of gross building area and an additional space for each employee working in
the building.
DEM/ij
Cc: Jen Care Neighborhood Medical Center, petitioner
JenCare Neighborhood Medical Center
5433 W. 95th Street
Site = 21,336.43 square feet
Building Area "" 7,734.65 square feet
Medical Use: 1 parking space/125 sf
Plus one per employee
Available Parking on site = 33 spaces
Estimated nwnberofemployees = 15
7, 734.65 BLDG
+ 125 sg ftJ space
62
+ 1 S employees
77 Required Parking Spaces
33 Available Parking Spaces on site
44 Parking Shortage
+ 77 Required Parking Spaces
57.1 % Parking Variation
March 22, 2013
Don McKenna
r111.VILIAC'if LH
OAK LAWN
Village of Oak Lawn
9446 South Raymond Avenue
Oak lawn, IL 604532449
Phone#: 708/499-7814
FAX#: 7081499-7823
PETITION
PLANNING & DEVELOPMENT COMMISSION o
Rezoning 0
Varialion of Zoning (Use) o
Variation or Ordlnarce I. 0
Other \1 (;\ V) Cl n 0 f) Or' C-l (\Li fj(

Petltion#...:1L.L'i feePaid,_,_,_._
Mooting Day & Date: --L ,___
i , ""' I /,,' I' '
BOARD OF APPEALS 0
DESCRIPTION OF PROPERTY
Present Zoning----------- Requested Zoning-----------
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Common Description of Property (Street Address or Location) b y. 3 3 V\J <j_S? 6 tf 'G C.f- 1 0.:.1 L-Q W Y) J ]_:
The undersigned being the Owner(s) of lhe subject properly as ldP.nllfied above, hereby cettifies thai 1/we are aware of the
filing of the Pelilion by the Petitioner and have given !he Petitioner consent to do so relative to the subject property.
What unique circumstances and hardships cause you to request the above change?
- -r A--v vi'C X
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$, y be auachad.)
__ ._. _ DATE: J 3
{Ills understoo(ll1J!I Qn1y lOS!! points specifically menlloned are affOOed by action of 111is
AnnexA
A limited number of existing parking spaces is available and there is currently no opportunity to
provide the required parking spaces. However, we can demonstrate with historical date from 23
other medical offices that we manage that the parking provided meets our business model. We
are able to meet our parking needs with fewer parking spaces because our offices provide door to
door transportation to our patients. Our historical date shows that approximately SO% of patients
use our transportation.
JenCare Neighborhood Medical Center
6101 W. 95th Street
2% parking Variation Granted October 6, 1976
Site = 19,136.40 square feet
Building Area = 11,040 square feet
Medical Use: 1 parking space/125 sf
Plus one per employee
Available Parking on site = 33 spaces
Estimated number of employees = 1 5
11,040 BLDG
+ 125 sg ftl space
89
+ 15 employees
104 Required Parking Spaces
19 Available Parking Spaces on site
85 Parking Shortage
+ 104 R ~ y i r e d Parking S12aces
81.7% Parking Variation
April9, 2013
Don McKenna
OFFICE OF THE MAYOR
DAVE HEILMANN
MAYOR
Gordon Chen, M.D.
Senior Vice President
Jen Care Neighborhood Medical Centers
1000 Park Centre Boulevard, Suite 136
Miami Gardens, FL 33169
gchen@chenmed.com
May 10,2013
Re: Village of Oak Lawn Petitions/House ofBrides
Dear Dr. Chen:
9446 South Raymond Avenue
Oak Lawn, Illinois 60453
(708) 6364400 Fax (708) 6368606
dheilmann@oaklawn il.gov
I am writing to you regarding the recent petitions of Jen Care Neighborhood Medical
Centers that came before the Planning and Development Commission of the Village of Oak Lawn.
Over the past week I have received very troubling information regarding conduct of a village
official as it relates to the Jen Care efforts to locate its business at 5433 West 95th Street (House of
Brides location).
I have been advised that Jen Care was working privately with the House of Brides in an
effort to lease that property. It is my understanding that Village Manager Larry Deetjen attended
the Planning and Development Commission meetings, and opposed Jen Care going into that site. I
have also been informed that the village manager urged Jen Care to consider an alternate site
further west on 95th Street at 6101 West 95th Street.
Jen Care first came before the Planning and Development Commission April1, 2013. The
petition was continued to the following meeting. I was informed that after that April 1 meeting
representatives of Jen Care made comments that they felt that "someone in the village" was
against their petition but they did not know what the issues could be. They advised a Planning and
Development Commission member that they were getting resistance from Larry Deetjen for a
while and felt they were being steered to the property at 6101 West 95th Street, the former Men's
Warehouse. These individuals expressed that the House of Brides location was their first choice
and felt that if the manager was trying to push them to one place over another the village would
make the permit and building process difficult if they persisted contrary to those desires.
I read the minutes of the April15, 2013 P&DC meeting where the petitions failed. I was
advised that there was tension regarding this issue and certain Planning and Development
commissioners had questions as to how this was being handled.
14518751
Gordon Chen, M.D.
May 10,2013
Page 2
I asked some questions about this to the Village Manager earlier this week. But what I was
told yesterday made this a very serious matter. I was informed that several weeks ago Larry
Deetjen said to village employee Chad Weiler, the business development director, that he did not
want Jen Care going into that House of Brides location because "he does not want that type of
clientele" near the center of town.
There was an unusual set of events that took place yesterday. The manager brought
Mr. Weiler into his office and began talking about a meeting that Mr. Deetjen and Mr. Weiler had
with the owner of House of Brides a week or so ago. Apparently at that meeting, the owner of the
House of Brides was extremely upset with Larry Deetjen for interfering in the business
relationship between Jen Care and the House of Brides, causing House of Brides to lose the deal.
Yesterday Mr. Deetjen asked Mr. Weiler if he had felt threatened by the conduct of the House of
Brides owner in that meeting. Mr. Weiler said that he did not feel threatened but that the owner of
House of Brides was very angry at Mr. Deetjen.
Hours after that meeting between Mr. Weiler and Mr. Deetjen yesterday, Oak Lawn Police
detective, Tom Cronin, went to Mr. Weiler's office and had a notepad to ask questions about that
meeting with the owner of the House of Brides. Mr. Weiler was upset that the manager had sent
an Oak Lawn police officer to ask him questions without being told what this was about and he
called me to let me know. Mr. Weiler was asked about whether he felt threatened by the owner of
the House of Brides, and he responded that he did not. He also informed Detective Cronin that
Larry Deetjen opposed the Jen Care facility going to the House of Brides location because he did
not want that "type of clientele" near the center of town.
Mr. Weiler informed me yesterday that he was concerned about the village being sued for
racial discrimination by Jen Care because of the comments by Mr. Deetjen. He thought what Mr.
Deetjen comment was racial and was wrong.
I have now learned that Jen Care has agreed to locate at the Men's Warehouse site. I
learned today that as a part of this arrangement, Jen Care has to obtain a parking license with
Oak Lawn High School to use some of their spaces. Oak Lawn High School is across 95th Street
and 1 Yz blocks from the Men's Warehouse location. I have never seen an arrangement like that,
and it only makes me question all of this that much more.
I am concerned on many levels of what has taken place. When I hear that two businesses
are both questioning interference by the village manager and why he is trying to push a business
from one location to another, it immediately raises red flags. When I am then told by a village
employee of his concerns that a business may have been racially discriminated against due to
comments by the village manager, coupled with the manager's direct involvement in opposing the
14518751
Gordon Chen, M.D.
May 10,2013
Page 2
I asked some questions about this to the Village Manager earlier this week. But what I was
told yesterday made this a very serious matter. I was informed that several weeks ago Larry
Deetjen said to village employee Chad Weiler, the business development director, that he did not
want Jen Care going into that House of Brides location because "he does not want that type of
clientele" near the center of town.
There was an unusual set of events that took place yesterday. The manager brought
Mr. Weiler into his office and began talking about a meeting that Mr. Deetjen and Mr. Weiler had
with the owner of House of Brides a week or so ago. Apparently at that meeting, the owner of the
House of Brides was extremely upset with Larry Deetjen for interfering in the business
relationship between Jen Care and the House of Brides, causing House of Brides to lose the deal.
Yesterday Mr. Deetjen asked Mr. Weiler if he had felt threatened by the conduct of the House of
Brides owner in that meeting. Mr. Weiler said that he did not feel threatened but that the owner of
House of Brides was very angry at Mr. Deetjen.
Hours after that meeting between Mr. Weiler and Mr. Deetjen yesterday, Oak Lawn Police
detective, Tom Cronin, went to Mr. Weiler's office and had a notepad to ask questions about that
meeting with the owner of the House of Brides. Mr. Weiler was upset that the manager had sent
an Oak Lawn police officer to ask him questions without being told what this was about and he
called me to let me know. Mr. Weiler was asked about whether he felt threatened by the owner of
the House of Brides, and he responded that he did not. He also informed Detective Cronin that
Larry Deetjen opposed the Jen Care facility going to the House of Brides location because he did
not want that "type of clientele" near the center of town.
Mr. Weiler informed me yesterday that he was concerned about the village being sued for
racial discrimination by Jen Care because of the comments by Mr. Deetjen.
I have now learned that Jen Care has agreed to locate at the Men's Warehouse site. I
learned today that as a part of this arrangement, Jen Care has to obtain a parking license with
Oak Lawn High School to use some of their spaces. Oak Lawn High School is across 95th Street
and 1 liz blocks from the Men's Ware house location. I have never seen an arrangement like that,
and it only makes me question all of this that much more.
I am concerned on many levels of what has taken place. When I hear that two businesses
are both questioning interference by the village manager and why he is trying to push a business
from one location to another, it immediately raises red flags. When I am then told by a village
employee of his concerns that a business may have been racially discriminated against due to
comments by the village manager, coupled with the manager's direct involvement in opposing the
petition of Jen Care to go into the House of Brides location, we may have a far more serious
situation.
14518751
Gordon Chen, M.D.
May 10, 2013
Page 3
My term as Mayor ends May 14,2013. However, since I was serving as Mayor when the
comment by the manager was made and when the petition process took place, it's my
responsibility to address it.
Dr. Chen, I do not want the Village to be sued. Oak Lawn is a terrific community. If your
business has a site where you desire to locate and you comply with the laws of Illinois and
ordinances of our Village, without negatively impacting the general welfare or safety of residents,
then you should be able to go there. You should be able to go there without fear of permits being
denied or pressure from government to open in a different location because it wants you "in a
different place." Racial discrimination is wrong and if it took place it needs to be corrected
immediately.
I will be notifying our village attorney of this information with my request that the village
board authorize an independent investigation of this. I wanted you to know since it involves your
business and you may be contacted.
I am sorry that I have to send a letter like this. I wish you and your business great success.
Dave Heilmann
14518751
SOSIN ARNOLD & LEIBFORTH, LTD.
DAVID B. SOSIN
DSosin@sosinamold.com
ATTORNEYS AT LAW
9501 West 144
1
h Place, Suite 205
Orland Park, Jllinois 60462-2563
Telephone: (708) 448-8141
Facsimile: (708) 448-8140
May 12, 2011
Via email to ldeetjen@oaklawn-il.gov and Regular U.S. Mail
Larry Deetjen, Village Manager
VlLLAGE OF OAK LAWN
9446 South Raymond A venue
Oak Lawn, IL 60453
Re: 6700 West 95
111
Street, Oak Lawn, Illinois
Dear Mr. Deetjen:
DAVID B. SOSIN
GEORGE J. ARNOLD
LAWRENCE G. LEIBFORTH
GEORGEL.SCHOENBECK
STEVEN D. MROCZKOWSKI
Of Counsel:
TIMOTHY G. LAWLER
We are writing this letter on behalf of our client, Little Company of Mary Hospital, at the request
of Dennis Reilly, its President. We have been involved for several years with regard to the re-
development of the property at 6700 West 95
1
h Street in Oak Lawn. Our client purchased this
property from the former owner subject to the Bally lease which had several years left. Our
client had previously been advised by Bally that they were relocating and has made detailed and
not inexpensive plans for re-development of the property. Our client has also advised Bally
previously that their lease would not be renewed. Notwithstanding that fact, and at substantial
peril and cost to the Hospital, our client has granted an extension to Bally to accommodate their
relocation and not to disrupt their business. That accommodation was granted, in part, pursuant
to the request of the Village of Oak Lawn. We have at the present time a written extension
agreement where Bally agreed in writing to relocate on or prior to the expiration of their lease as
extended as of June 30, 2011. On May 9, 2011, our client's developer received a phone call
from you requesting a further extension on behalf of Bally. This phone call came after other
phone calls from other intermediaries making a similar request in the past week. We have
received no request from Bally. I did receive a phone message from the Bally in-house counsel
yesterday, advising me that Bally understood its obligation and would vacate on or before June
30
111
as agreed. It is our understanding, and you should be aware, that Bally has not signed a
lease or any definitive agreement for relocation of the business, notwithstanding the many
months that have gone by with Bally's full knowledge that they would ultimately be relocating
their business from the 6700 West 95
1
h Street site.
While our client understands your call in furtherance of a business in the Village of Oak Lawn,
both the tone and the details of your call are most troubling to our client. Our client has spent
many thousands of dollars in pursuance of re-development of the property. Little Company of
Larry Dectjen, Village Manager
VfLLAGE OF OAK LAWN
May 12,2011
Page 2
Mary Hospital has a strict construction schedule, and we have been advised that another delay at
this point cost the Hospital an entire construction season at great expense to the Hospital. At
your request and the request of Bally, we have previously extended the lease with the
representation and understanding, in writing, that Bally would be leaving on June 30
111
To
conclude that our client has been anything but accommodating in this situation is simply
inappropriate and incorrect. finally, your comment lo our developer ro indicate that if Little
Company did not grant a further extension, the Village would be less than accommodating when
they re-develop the property is both inappropriate and, frankly, not in accordance with law.
Little Company of Mary has had a longstanding and cordial relationship with the elected officials
and the slaJT of the Village of Oak Lawn. Ultimately, this is a matter between two private
parties, being a landlord and a tenant. It is best left to those parties to deal with their contractual
rights. Our client will fully cooperate with the very professional and excellent Village staff' in re-
development of the 6700 building and will fully expect reciprocal treatment.
V cry truly yours,
SOSIN ARNOLD & LEIBFOHTII, LTD.
\ j t ~
David G. Sosin
DBS/ap
cc: Mayor Dave Heilmann via email to dhcilmann@oaklawn-il.uov & Regular Mail
Mr. Dennis Reilly
David M. Heilmann
From:
Sent:
John Eggert <jeggert@gordonkarr.com >
Friday, May 10, 2013 3:07 PM
To: David M. Heilmann
Subject: Re: Jen Care - P&D Meetings
You are right. The OLCHS property is across 95th and down the street. Jen Care's proposed site is 6101 West
95th, which is on the South side of 95th, at the Southwest corner of 95th and Meade.
The propetiy to be leased from OLCHS District 229 is on the North side of 95th, at the Northwest corner of
95th and Austin, roughly a block and a half East of Jen Care. It's part of the fenced-in property that used to part
of the high school's driver's education range.
From: David M. Heilmann
Sent: Friday, May 10, 2013 2:48 PM
To: 'John Eggert'
Subject: RE: Jen Care - P&D Meetings
I don't understand the Oak Lawn H.S. lease. Isn't that across 95th street from where Jen Care would be going?
From: John Eggert [mailto:jeggert@gordonkarr.com]
Sent: Friday, May 10, 2013 2:05 PM
To: David M. Heilmann
Subject: Jen Care - P&D Meetings
Dave:
I am writing in response to your e-mail below regarding my recollection of events involving Jen Care and its
petitions for two parking variations that came before the P&D commission.
The first time Jen Care came up at P&D was the Aprill, 2013 meeting. That night, five commissioners
attended: me, Gray, Schrader, Tebo and Piazza. The Jen Care matter was up on a petition for a parking variation
at 5333 West 95th Street (House of Brides) . .Ten Care was represented by its attorney, Greg Dose (Goldstine,
Skrodzki, Russian, Nemec & Hoff); Ernesto Cercas, their architect; and Jess Timmem1an, (.Ten Care Marketing
VP). Also present were the owners of the propetiy, their broker, Lynn Bracket (CBRE), and two neighbors who
supported the petition.
During the presentation, .Ten Care indicated that the size of the House of Brides building (7,734 SF) was in their
ideal range. Our code required 62 parking spaces; the site had only 33. (Code required ratio, excluding
employees, is 8.0 per 1,000 SF; they were looking for around 4.2.) After the petitioners finished, there were a
few questions, and the Manager indicated that he had "serious concerns" about the petition and the location. He
mentioned he had never met the broker until that night, nor had he met any of the Jen Care people. I thought
that with the Manager's concerns and only five members present, the petition might have gotten shot down
before taking off. I asked Mr. Dose if they were okay with continuing to April 15th, and he answered that there
was a time consideration related to Medicare open enrollment (October-December), and they were hoping to get
started as soon as possible in order to be established and in place by August. However, Chairman Gray moved
to postpone until the next meeting (April 15). The vote on that motion was 4-1 in favor.
1
After that April 1st meeting, I talked with Mr. Timmerman and Mr. Cercas outside in the parking lot. They were
concerned that "someone in the Village" was against their petition but couldn't understand what the issues could
be. They told me that they had been getting resistance from Larry for a while; they felt they were being steered
to the prope1iy at 6101 West 95th Street (former Men's Wearhouse); Both expressed that 5333 was their first
choice, and both strongly believed that if the Manager wanted them at one place over another, the Village would
make the permit and building process difficult if they persisted contrary to those desires. As a result, and
because their costs would be out of budget for the 6101 property, they were ready to drop the idea of coming to
Oak Lawn. Around that point, another commissioner joined the group to listen in. I tried to encourage them not
to give up on OL and to give it another try on the 15th. I felt that their practice - senior primary and specialist
care - would be a good fit for Oak Lawn and valuable to our seniors. They were skeptical, but said they would
think about it, but they did come back on April 15th.
On April 15th, during post-presentation discussion, I made a deliberate and clear effort to show that their
parking variation request was consistent with other medical facilities in OL, and I compared our code
requirements to other towns to show that our code is high, and their request was consistent with average
requirements. My prepared chart is in the minutes. When discussion ended, I moved to approve, and that vote
was a 4-4 tie (Reilly absent), so it failed. The next petition was for a greater variation at 6101 W. 95th
(larger building and less existing parking). I moved to approve, and that motion was voted down 2-6. (Kishta
and I voted yes). It seemed to me that the first petition was rejected for no apparent reason, and the second for
even less. I tried to get are-vote on the first petition but was told by Pat Cmmelly that a reconsideration has to
come from a negative voter.
The most disturbing thing about that April 15th meeting is that only one ofthe negative voters raised any issues.
To that point, Hasan Kishta- who was as angry as I was -pointed out that few, if any, questions were asked of
the petitioners that weren't answered, and barely any issues were raised that weren't addressed. In fact, some of
the 4 who voted against said nothing. For those reasons, my gut feeling was that the vote went where it
did because some commissioners had discussed the 5333 petition with someone outside ofP&D who didn't
want it approved, and those commissioners had their minds made up before the meeting. I can't prove it, but I
still believe it. The minutes reflect a lengthy discussion after the petitions were done, and pretty clearly reflect
that Lundy, Kishta and I were mad and thought something was very wrong. As it got louder, some of the people
from .Ten Care who were out in the hall came back in to listen.
For your reference, I have attached a copy of the minutes for the April 15th meeting, which are pretty accurate,
missing only the mood of the meeting after the vote. For that, I would suggest the audio tape.
Jen Care, apparently undaunted, was back on the agenda for the May 6th meeting for parking variation and
minor landscape and setback variations at 610 1-95th Street. Greg and Ernesto were back, and they brought Dr.
Gordon Chen, the son of .Ten Care's founder, who spoke eloquently about the practice's history. The entire
presentation went well; the petitions were passed 8-0 (Piazza absent). The .Ten Care people were pleased, despite
the fact that the 61 01 building is larger than what they wanted, their up front building costs are going to be
significantly greater, and they had to lease 30 spaces from Oak Lawn H.S. in order to minimize the parking
shmifall at the property.
Silently lost in the crowd that night were the owners of the House of Brides prope1iy who, I believe, got
screwed in the process, since they had a solid prospective tenant.
I hope this assists you with the matters you are looking into. If you need anything else, please let me know.
John C. Egge1t
Gordon & KaiT LLP
150 Nmth Wacker Drive
Suite 940
2
Chicago, Illinois 60606
P. 312.377.4450
F. 312.332.1901
E. jeggert@gordonkarr.com
From: DAVID M. HEILMANN
Sent: Thursday, May 09, 2013 3:35 PM
To: 'John Eggert'
Subject: Jen Care - P and DC Meeting
John:
I read the P and DC minutes from the April15, 2013 meeting where Jen Care representatives came before the
committee. I know you contacted me the day after that meeting and were upset with what had happened the night
before.
Can I ask you to give me a written synopsis of what took place with this company at that P and DC meeting, and the one
after, and your thoughts on this? Please include any conversations you had with anyone at those meetings.
Sorry to ask this of you, but there may be some serious issues involved with this.
Thanks
Dave
David M. Heilmann
CLAUSEN MILLER P.C.
10 S. LaSalle
Chicago, II.
312.855-1010
Direct 312.606.7705
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