HomeMy WebLinkAbout09/19/1995 Business Meeting 305
CITY OF YAKIMA, WASHINGTON
SEPTEMBER 19; 1995
BUSINESS MEETING
I/ 1. ROLL CALL
The City Council met in session on this date at 2:00 p.m.,
..`' in the Council Chambers of City Hall, Mayor Pat Berndt,
presiding, Council Members Clarence Barnett, Henry
Beauchamp, Ernie Berger, Lynn Buchanan, and Bernard Sims
present on roll call. Council Member Bill Brado absent and
excused. Assistant City Manager Rice, City Attorney
Paolella, Assistant City Attorney Peterson, and City Clerk
Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
September 17 -23, 1995 was proclaimed Literacy Awareness
Week. Nona Schultz accepted the proclamation and urged
citizens to promote literacy and encourage reading.
4. CONSENT AGENDA
Mayor Berndt referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
It was the general consensus to remove Items Nos. 10, 18 and
19 from the Consent Agenda. The City Clerk then read the
Consent Agenda items, including resolutions and ordinances
by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN,
THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The
motion carried by unanimous roll call vote; Brado absent.
(Subsequent paragraphs preceded by an asterisk ( *) indicate
items on the Consent Agenda handled under one motion without
further discussion.)
*5. APPROVAL OF THE MINUTES OF THE SEPTEMBER 5, 1995 BUSINESS
I/ MEETING AND MARCH 14, 1995 ADJOURNED MEETING
The minutes of the September 5, 1995 Business meeting and
March 14, 1995 Adjourned Meeting, were approved, having been
duly certified accurate by two Council members and no one
present wishing to have said minutes read publicly.
306.
SEPTEMBER 19, 1995
6. PUBLIC HEARING TO CONSIDER HEARING EXAMINER RECOMMENDATION ON
THE WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
This being the time set for the public hearing, Dan Valoff,
Associate Planner, briefly summarized the Yakima School
District's petition to vacate a portion of several streets
in the vicinity of Washington Middle School. He also
provided background information about the Class 3
Application for the construction of the athletic fields for
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the new school. Staff recommended Council accept the
Hearing Examiner's recommendation of approval, subject to
specific conditions in that decision, and direct legal staff
to prepare the appropriate legislation regarding the right -
of -way vacation petition. Mr. Valoff responded to questions
from Council Member Barnett concerning curb lines, sidewalk
installation, parking lot access, the 8th Street cul -de -sac
configuration, and a new east /west alley connection by
South 7th Street to accommodate refuse trucks using the
alley.
Mayor Berndt opened the public meeting and asked if anyone
wished to comment in favor of the proposal.
Bob Alexander, Manager of Support Services for the Yakima
School District, explained the vacation of various rights -
of -way as they relate to the expansion of the site and the
development of the athletic facility. A lot of cooperative
planning with the City Parks Department and the Parks Board
took place resulting in the proposed development of a full-
size track, baseball field and a combination football /soccer
field. All these facilities will be available for both
school and community use.
Mayor Berndt asked if anyone wished to speak in opposition
to the right -of -way vacation. There being no one, she
closed the public meeting. It was MOVED BY BERGER,
SECONDED BY BARNETT, TO ADOPT THE HEARING EXAMINER'S
RECOMMENDATIONS AND FINDINGS AND REQUEST THE LEGAL
DEPARTMENT TO PREPARE APPROPRIATE LEGISLATION. The
motion carried by unanimous voice vote; Brado absent.
7. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR WILLOW AREA WATER
LOCAL IMPROVEMENT DISTRICT NO. 1052 (SEE ORDINANCE
CONFIRMING ASSESSMENT ROLL)
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This being the time set for the public hearing, Al Rose,
Office Engineer, and Mary Lovell, Engineering Tech I, were
available to answer questions from the Council or the
public. The LID consists of 57 parcels and is divided into
three project schedules. The majority of the property
owners within the boundary of this LID signed the petition
in favor of the improvements. Mr. Rose directed Council's
attention to location, cost information and other details,
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SEPTEMBER 19, 1995
such as the size and,type of replacement pipe used in the
watermain replacement' project'He also summarized details
of staff's response to concerns expressed by Mr. &
Mrs. Watts in their protest letter dated September 13, 1995.
Mayor Berndt opened the public hearing and asked if anyone
I/ wished to comment about this LID.
Speaking on behalf of Manuel Llamas Sosa, 806 N. 20th
Avenue, Luz Gutierrez, asked if assessment information could
be provided in Spanish to those limited English speaking .
property owners within the Willow Area Water LID No. 1052
area. After obtaining information from staff about the
assessment, she explained it to Mr. Sosa, in Spanish. He
now understands his LID assessment cost and has no problem •
with it.
Mayor Berndt asked if anyone else wished to comment about
the Final Assessment Roll for Willow Area Water LID No.
1052. There being no one, she closed the public hearing..
Ordinance No. 95 -44 was read by title, and it was MOVED BY
BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote; Brado
absent.
The Council discussed the possibility and feasibility of
printing legal notices in Spanish on the reverse side of the
English version. No decision was made on this suggestion;
however, it was the consensus;;.:of the Council to continue
this discussion at a later date when information on cost is
available.
ORDINANCE NO. 95 - 44, AN ORDINANCE of the City of Yakima,
Washington, approving and confirming the final assessment
roll for Local Improvement District No. 1052, which has been
created and established for the purpose of paying the cost of
certain water system improvements; and levying and assessing
the amount thereof against the lots, tracts, parcels of land
and other property shown on said roll.
8. PUBLIC HEARING TO CONSIDER AMENDMENT TO THE AGREEMENT FOR
WASTEWATER TREATMENT AND DISPOSAL SERVICE AND URBAN AREA
BOUNDARY FOR TERRACE HEIGHTS
I/ This being the time set for the public hearing, Larry
Peterson described the process and explained the procedures
necessary to facilitate the proponents request to add 320
acres to the Urban Area Boundary. The maps contained within
the Yakima Urban Area Wastewater Agreement and the Regional
Planning Agreement will also need to be changed to
incorporate the new legal description adjusting the Urban
Area Boundary. The Urban Area Joint Board, the Regional
Planning Commission, Yakima County, and the City of Union Gap
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SEPTEMBER 19, 1995
have already approved the proposal. Acting City Manager Rice
pointed to the map and described the subject property which
will be serviced by the Terrace Heights Sewer District.
Mayor Berndt opened the public hearing and asked if anyone
wished to comment.
Frank Kurtz, an attorney speaking on behalf of the
applicants, Theodore Potter and Harold Gable, urged the
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Council to accept the Regional Planning Commission
recommendation to approve the proposed amendment to the Urban
Area Boundary. Future residential development. of the
property is planned over a long period of time under the
single family residential (R -1) zoning district guidelines
and Urban designation of the Comprehensive Plan.
Bill Almon, Real Estate Broker, directed attention to
specific changes affecting this land which makes it feasible
for planned development as opposed to when it was dependent
upon private wells and septic tanks for utility service. The
tremendous increase in private domestic water availability,
its removal from the 100 year flood plain and its contiguous
location make this a logical extension of the Urban Area
Boundary.
Mayor Berndt asked if anyone else wished to comment either
for or against the issue. There being no one, she closed the
public hearing.
Resolution No. R -95 -131 having been read by title, it was
MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, TO ADOPT
THE RESOLUTION. There was discussion concerning the sewer
capacity at the Wastewater Treatment Plant; however, this
area would be served within the Terrace Heights sewer
allocation. The question was called for a vote on the
motion. The motion carried by a 5 -0 roll call vote; Sims
abstaining; Brado absent.
RESOLUTION NO. R - 95 - 131, A RESOLUTION providing for
amendment of the Yakima Urban Area Boundary by amendment of
' several intergovernmental agreements for wastewater treatment
and disposal, urban area planning, and the Urban Area
Comprehensive Plan.
9. AUDIENCE PARTICIPATION -
A. APPEARANCE BY LUZ GUTIERREZ REGARDING YAKIMA COUNTY MICRO
LOAN PROGRAM
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Luz Gutierrez described business plan development and the
loan process it takes to start a business, run a business and
create jobs. She also reviewed the type of training and
business loans that have been acquired in the Yakima County
area. Ms. Gutierrez also described the Micro Loan program
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SEPTEMBER 19, 1995
which focuses on the east side of 16th Avenue and north of
Nob Hill Blvd. Several Mic'ro'` Program participants
described their businesses which were developed under this
program.
B. APPEARANCE BY SCOTT MAZZOLA TO REQUEST WAIVER OF
FIREWORKS DISPLAY PERMIT FOR EVENT AT DAVIS HIGH SCHOOL
ON SEPTEMBER 29, 1995
I/ Scott Mazzola, a Davis High School student, requested the
permit application fee be waived for a fireworks display
during homecoming activities. After brief discussion
concerning the request, it was MOVED BY BEAUCHAMP,
SECONDED BY SIMS, TO WAIVE THE FEE; HOWEVER, THEY
WILL STILL HAVE TO FILE THE APPLICATION. The motion
carried by unanimous voice vote; Brado absent.
C. APPEARANCE BY BOB CAMPBELL AND ED LEWIS REGARDING ODOR
EMISSION AT WASTEWATER TREATMENT PLANT
Bob Campbell and Ed Lewis complained about the nauseous odor
emission from the Wastewater Treatment Plant.
Chris Waarvick, Wastewater Superintendent, explained the
cause for the increased odor generation experienced this
summer. In an effort to reduce operating costs, an attempt
was made to incorporate grass cuttings from the Industrial
Waste Sprayfield and shredded yard waste from the Yakima
County landfill into the composting operation. Because of
the limited success experienced during this process, the
practice of mixing grass into' the compost mixture has been
discontinued. Hopefully, this should improve the odors to a
reasonable level. A letter explaining this will be sent to
area residents. Mr. Lewis also called Council's attention to
a traffic hazard on 18th Street in the vicinity of Barn 11 by
the Fairgrounds. He suggested lowering the speed limit at
that location because of the limited site distance in order
to improve traffic safety.
10. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC MEETING
FOR NOVEMBER 14, 1995 TO CONSIDER THE 1995 DRAFT WATER COMP
PLAN AND SUPPLEMENTAL REPORTS
Doug Dodd, Water /Irrigation Manager, requested November 14,
1995 be set as a date for public meeting to discuss the 1995
I/ Water Comprehensive Plan. Council Member Barnett felt that a
one -hour public meeting would not be enough time to present
the very complex and lengthy plan and then respond to
questions. He suggested a series of meetings be scheduled to
allow enough time. He also provided an example of a
newspaper insert and suggested it be considered to help
inform the public about the upcoming meetings. Mayor Berndt
suggested a video be made, similar to the irrigation video,
and Glenn Rice explained that setting the public meeting date
on November 14th would start all the neighborhood meetings to
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SEPTEMBER 19, 1995
come. Council Members Buchanan and Barnett disagreed with
the $250 conversion cost mentioned in the executive summary
because it would really cost more than that. There was more
discussion about these suggestions to help inform the public
about major rate increases expected in the future. Mayor
Berndt suggested that instead of holding a public meeting at
four o'clock, that the video be shown which would include an
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announcement of the scheduled meeting dates. It was the
general consensus of the Council to take no action during
this meeting in order to give staff an opportunity to outline
the meetings and report back to Council.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
AMENDMENT WITH ARCHITECT ASSOCIATES FOR POLICE STATION /LEGAL
CENTER (DESIGN SERVICES FOR COMMUNICATIONS CENTER CHANGE
ORDER)
RESOLUTION NO. R - 95 - 132, A RESOLUTION authorizing and
directing the City Manager and City Clerk of the City of
Yakima to execute a supplemental agreement amending existing
City Contract No. 93 -103 with Architecture Associates for
professional architectural services for the Yakima Police
Station /Legal Center Project.
*12. CONSIDERATION OF LEGISLATION RELATING TO ACQUISITION OF RANDY
BUTLER PROPERTY AT 210 SOUTH 2ND - STREET:
A. RESOLUTION AMENDING INTERFUND LOAN AUTHORIZATION
RESOLUTION NO. R - 95 - 133, 'A RESOLUTION authorizing
amendment of Resolution No. R -94 -153 providing for an
interfund loan from the 551 - Equipment Rental Fund to the 333 -
Law and Justice Capital Fund, and providing for repayment.
B. FIRST READING OF ORDINANCE AMENDING THE 1995 BUDGET AND
APPROPRIATING FUNDS FOR PROPERTY ACQUISITION
An Ordinance amending the 1995 budget and appropriating funds
to provide for the purchase of land and building located at
210 South 2nd Street with the City /County Narcotics Unit,
having been read by title only, was laid on the table for two
week, until October 3, 1995.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSAL OF CITY
SURPLUS PROPERTY
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RESOLUTION NO. R - 95 - 134, A RESOLUTION authorizing the
sale of surplus personal property owned by the City.
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SEPTEMBER 19,_,1995
*14. CONSIDERATION OF RESOLUTION ADOPTING THE HEARING EXAMINER
RECOMMENDATION TO APPROVE THE EMERY LANE PRELIMINARY PLAT
RESOLUTION NO. R - 95 - 135, A RESOLUTION concerning the
application submitted by Tim Monahan on behalf of Earl F.
Pratt, for a twenty -two lot sub - division of approximately 3.4
acres south of West Mead Avenue and west of South 24th
Avenue, City No. UAZO Preliminary Long Plat #1 -95: approving
the preliminary long plat, subject to certain conditions.
*15. APPROVAL OF THE AUGUST 1995 BUDGET REPORT
The August 1995 Revenue and Expenditure Report was accepted.
*16. SET DATE OF HEARING FOR OCTOBER 3, 1995 ON APPEAL OF DENIAL
OF ISSUANCE OF TAXI DRIVER'S LICENSE REQUESTED BY ALLEN HAGEN
October 3, 1995 was set as the date of hearing to consider
the appeal by Allen Hagen of the denial of the issuance of a
taxi driver's license.
17. CONSIDERATION OF ORDINANCE AUTHORIZING ISSUANCE OF BONDS FOR
FIRE IMPROVEMENTS AND REFINANCING EXISTING VOTED GENERAL
OBLIGATION DEBT
John Hanson, Director of Finance `and Budget, announced that
updated information has been • received on the bond amount. He
recommended Council approve Ordinance B at the revised amount
of $7,300,000. He praised the marketing team, stating this
is the lowest the interest rates have been since the last
City bond issue a year ago. Council Member Barnett requested
the City Clerk to read the title of Ordinance B. Ordinance
No. 95 -45 having been read by title, it was MOVED BY
BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote; Brado absent.
ORDINANCE NO. 95 - 45, AN ORDINANCE of the City Council of
City of Yakima, Washington, providing for the issuance and
sale of General Obligation Bonds of the City in the aggregate
principal amount of $7,300,000 for the purpose of providing
funds to acquire, construct and equip improvements to the
Fire Department facilities of the City as authorized by
ordinance of the City Council and approved by the qualified
electors of the City at a special election held therein on
November 8, 1994; and for the purpose of refunding certain
outstanding General Obligation Bonds of the City; providing
the date, form, terms and maturities of the bonds to be
issued and for unlimited tax levies to pay the principal
thereof and interest thereon; authorizing a preliminary
official statement; and approving the sale of such bonds.
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SEPTEMBER 19, 1995
18. CONSIDERATION OF ORDINANCE PROHIBITING PARKING IN ALLEYS SO
AS TO RESTRICT VEHICULAR MOVEMENT
Jeff West, Assistant City Attorney, pointed out the
differences in state law and City ordinance pertaining to
parking in alleys. For practical enforcement purposes, he
suggested the old ordinance, which was repealed last year, be
re- enacted.
After Larry Mathews, 805 South 17th Avenue, presented his
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point of view concerning the necessity for temporary alley
parking, Ordinance No. 95 -46 was read by title. It was
MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE
ORDINANCE. The motion carried by unanimous roll call vote;
Brado absent.
ORDINANCE NO. 95 - 46, AN ORDINANCE relating to traffic;
prohibiting parking in alleys so as to restrict vehicular
movement; and enacting a new Section 9.50.010 of the City of
Yakima Municipal Code.
19. CONSIDERATION OF ORDINANCE APPROVING RIGHT -OF -WAY VACATION IN
THE VICINITY OF GARRETT STREET, REQUESTED BY DAN TILLEY
Rosemary Small, 1006 South 25th Avenue, spoke in favor of the
proposed housing project. She also expressed her opinions
relating to socioeconomic issues and provided copies of an
article about housing and bussing to the Council. Ms. Small
also commented about neighborhood school issues and predicted
that the additional children who will live in the proposed
housing project will have to be bussed to another part of
town to go to school because Garfield Elementary lacks the
needed classroom space to accommodate them.
Ordinance No. 95 -47 having been read by title, it was MOVED
BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote; Brado absent.
ORDINANCE NO. 95 - 47, AN ORDINANCE vacating an
undeveloped portion of Garrett Street and portions of two
associated alley rights -of -way f in the vicinity south of
Fruitvale Boulevard and west of North 6th Avenue.
*20. SECOND READING OF ORDINANCE AMENDING THE 1995 BUDGET AND
APPROPRIATING FUNDS FOR 911 EQUIPMENT PURCHASE
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An Ordinance amending the 1995 budget and appropriating funds
for the purchase of 911 equipment, having been read by title
only at the September 5, 1995 meeting, was brought before the
Council for a second reading.
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SEPTEMBER 19, 1995
ORDINANCE NO. 95 '48.;' AN ORDINANCE amending the 1995
budget for the City of Yakima; making appropriations for 911
Dispatching Equipment from unappropriated fund balances
within various funds for expenditure during 1995.
*21. SECOND READING OF ORDINANCE AMENDING THE 1995 BUDGET AND
APPROPRIATING FUNDS FOR CERB LOAN
An Ordinance amending the 1995 budget and appropriating funds
for the expenditure of a Washington State Community Economic
Revitalization Board loan for improvements to public
infrastructure in the vicinity of the new Central Heating &
Plumbing, Inc. facility, having been read by title only at
the September 5, 1995 meeting, was brought before the Council
for a second reading.
ORDINANCE NO. 95 - 49, AN ORDINANCE amending the 1995
budget for the City of Yakima; and, based on the proceeds of
a loan from the Washington State Community Economic
Revitalization Board, making a corresponding appropriation of
$463,189 from the Economic Development Fund for expenditure
during 1995 for improvements to public infrastructure in the
vicinity of the new Central Heating & Plumbing, Inc.
facility.
*22. FIRST READING OF ORDINANCE AMENDING THE 1995 BUDGET AND
APPROPRIATING FUNDS FOR FIRE FIGHTING INSTRUCTION-SERVICES
CONTRACT WITH THE YAKIMA SCHOOL DISTRICT (NO FORMAL ACTION•
REQUIRED THIS MEETING }r ;,
An Ordinance amending the 1995 budget and appropriating funds
for fire fighting instruction services contract with the
Yakima School District, having been read by title only, was
laid on the table for two weeks, until October 3, 1995.
23. OTHER BUSINESS
It was MOVED BY SIMS, SECONDED BY BERGER, TO GO ON A
TWICE A MONTH, FIRST AND THIRD TUESDAY, MEETING
SCHEDULE INDEFINITELY, WITH THE EXCEPTION DURING
BUDGET TIME, AT WHICH TIME STAFF WILL COORDINATE WITH
COUNCIL ON SCHEDULING THOSE MEETINGS. Council Member
Buchanan- spoke against the motion, for reasons given
I/ previously. Council Member Sims stated if there is a backlog
of agenda items which needs to be addressed, staff can poll
the Council for a special meeting. The question was
called for a vote on the motion. The motion carried by
4 -2 voice vote; Berndt and Buchanan voting nay; Brado absent.
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SEPTEMBER 19, 1995
Information Items:
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Items of information provided to Council were: Washington
State Transportation Commission Meeting Agendas; Agenda for
the September 27, 1995 SunTran Board of Directors Meeting;
Washington Utilities & Transportation Commission Hearing
Dates on US West Rate Case; Traffic Engineering Citizen
Request and Activity Report for August 1995; Monthly
Project Progress Report on the Yakima Railroad Area project
for August 1995; Rebound Plus Monthly Report for August
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1995; State Department of Ecology notice regarding Yakima
Valley Spray (U -Haul) Pilot Project. September 1995;
Legislative Alert from American Public Transit Associates
regarding House NHS Bill Curtails Transit Funds, Planning
Rules. 9/11/95; Assignments Pending in Office of
Environmental Planning as of September 19, 1995; Agenda for
the September 18, 1995 Conference of Governments Executive
Committee meeting and minutes of its August 21, 1995
meeting. Agenda for the September 20, 1995 Conference of
Governments. General Membership meeting and minutes of its
May 17, 1995 meeting; Minutes of the July 26, 1995 SunTran
Board of Directors meeting; Minutes of the June 6, 1995
Yakima County Substance Abuse Coalition; Article from
September 11, 1995 Nation's Cities Weekly, "Some Urban Funds
Preserved in Highway System Bill Thanks to City Advocacy ";
Article from September 4, 1995 Nations' Cities Weekly,
"Urban Sounding Board -- Come Home America "; and Article
from September 1995 ITE Journal, "Suburban Residential
Traffic Calming."
24. EXECUTIVE SESSION RE: PENDING LITIGATION (CENTRAL PRE -
MIX/LAMPERS CONSTRUCTION CLAIM)
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE
INTO EXECUTIVE SESSION FOR APPROXIMATELY 10 MINUTES
TO DISCUSS PENDING LITIGATION, WITH IMMEDIATE
ADJOURNMENT THEREAFTER. The motion carried by unanimous
voice vote; Brado absent. t,
25. ADJOURNMENT
Immediately following the Executive Session, the meeting
adjourned at 4:00 p.m.
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