HomeMy WebLinkAbout05/02/2000 Business Meeting 345
CITY OF YAKIMA, WASHINGTON
MAY 2, 2000
BUSINESS MEETING
1. ROLL CALL
The City Council met in session on this date at 2:00 p.m., in
the Council Chambers of City Hall, Yakima, Washington, Mayor
Mary Place, presiding. Council Members Clarence Barnett, Henry
Beauchamp, Lynn Buchanan, Larry Mattson, John Puccinelli, and
Bernard Sims present on roll call. City Manager Zais, City
Attorney Paolella, and City Clerk Roberts were also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
An Invocation was given by Council Member Puccinelli, followed
by the Pledge of Allegiance led by Council Member Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS
• NATIONAL ELDER LAW MONTH
Mayor Place read a proclamation declaring the month of May, 2000
as National Elder Law Month. Eric Vargas, attorney with Lyon,
Weigand & Gustafson, accepted the proclamation.
• INDEPENDENT LIVING WEEK
Assistant Mayor Mattson read a proclamation declaring the week
of May 1 -7, 2000 as Independent Living Week in Yakima. Myrtle
Norbel accepted the proclamation.
• LETTER CARRIER FOOD DRIVE DAY
Mayor Place read a proclamation for the National Association of
Letter Carriers, declaring May 13, 2000 as Letter Carrier Food
Drive Day in Yakima and urged all citizens to participate in
this worthy effort.
Council Member Buchanan announced that Fred Iraola's term on the
Air Terminal Board is expiring June 30, 2000. It was MOVED BY
BUCHANAN, SECONDED BY SIMS, TO REAPPOINT FRED IRAOLA TO THE AIR
TERMINAL BOARD. The motion carried by unanimous voice vote.
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4. CONSENT AGENDA
Mayor Place referred to the items placed on the Consent Agenda,
questioning whether there were additions or deletions from
either Council members or citizens present. It was the general
consensus to remove Item No. 15 and add Item No. 13 to the
Consent Agenda. It was announced that the public hearing under
Item No. 11 could not be held and would be rescheduled to May
16, 2000. Item No. 11 was then added to the Consent Agenda to
reset the date of public hearing. The City Clerk 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. (Subsequent paragraphs preceded by an
asterisk ( *) indicate items on the Consent Agenda handled under one
motion without further discussion.)
*5. APPROVAL OF MINUTES OF THE APRIL 18, 2000 (7:30 A.M. AND 11:30 A.M.)
ADJOURNED AND BUSINESS MEETINGS
The minutes of the April 18, 2000 Adjourned (7:30 A.M. and
11:30 A.M.) and Business Meetings were approved, having been duly
certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
6. SPECIAL PRESENTATION FROM THE PUBLIC WORKS TRUST FUND BOARD
John Woodworth, Chairman of the Public Works Trust Fund Board;
Peter Butkus, Executive Director; Terry Dale, Regional Account
Executive; and Bill Huibregtse, Board Member, as well as State
Representatives Jim Clements, Mary Skinner, and Senator Alex
Deccio, participated in the presentation of a check in the
amount of $1.18 million for the Yakima Avenue Rehabilition
Project to the City of Yakima. K. Adams, City Engineer,
presented members of the Public Works Trust Fund Board with City
of Yakima pins and boxes of Yakima apples.
7. SPECIAL PRESENTATIONS TO:
A. RAY THOMPSON, RETIRING FROM THE REFUSE DIVISION
Ray Thompson was recognized for his 28 years of service to the
City. Mayor Place presented Mr. Thompson with a City of Yakima
watch.
B. JOE McWAIN, RETIRING FROM THE STREET DIVISION
Joe McWain was recognized for over 30 years of service to the
City. Mayor Place presented Mr. McWain with a City of Yakima
watch.
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C. THE PAINT -OUT GRAFFITI GROUPS
The following groups were recognized and presented certificates
of appreciation for their assistance in the Paint -Out Graffiti
Project during the month of April:
Westside Christian School, Fort Simcoe Job Corp, King Brothers
Woodworking Company, Alpha -Therapeutic Corporation, Crystal
Linen, Jeff Evans Painting, Yakima Federal Savings & Loan, AID
Association for Lutherans, Vern's Painting, Safeway Food and
Drug, Painting and Decorating Contractors of America, Steve
Martin Painting, Schumacher Painting, Larry J. Fuchs, Painting
by Lou Grubbs, Standard Paint and Decorating, Columbia Paint,
Sherwin Williams Paint, Stone Church Royal Rangers, Providence
Health Systems /Davis High School, YPD Explorers, Yakima Police
Patrolman's Association, Mayor Mary Place, Bill Cobabe and
Archie Mathews.
Tom Ward of Standard Paint presented Mayor Place with a gold
paint brush mounted on a plaque in appreciation for her ideas
and leadership in this endeavor.
8. YARD OF THE MONTH RECOGNITION.
Lynn Quesenbury, Parks and Recreation Administrative
Specialist, introduced Paul. Simmon, a CWU intern who announced
the Yard -of- the -Month recipients:
Zone 1 Northwest Tony ,& Bernadette Bishop, 347 N. 23 Ave.
Zone 2 Southwest James & Jewell Gaudette, 505 N. 7 St.
Zone 4 Southeast Sam McQuerry, 704 S. 4th Ave.
Following a video showing the yards -of- the - month, a
certificate was presented to each of the winners.
9. PUBLIC HEARING REGARDING USE OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR ECONOMIC DEVELOPMENT USE (SEE RESOLUTION AUTHORIZING
EXECUTION OF AGREEMENT WITH CLIENTLOGIC)
This being the time set for a public hearing on the use of
Community Development Block Grant Funds for economic development
use, Darryl Blue, Chairman of the Board of New Vision, described
the activities to secure the relocation of ClientLogic to
Yakima. He said they have a great reputation in the communities
where they currently do business and are considered a great
corporate citizen in their localities.
Rita Anson, Director of Finance and Budget, gave an overview of
the company noting it was formed in September of 1998. The
company since has acquired six additional companies, and has
incurred significant financial losses. They expect to continue
to incur losses while they integrate these businesses into one
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niche in the market and implement their growth strategies. She
emphasized that this is not unusual for a start -up company of
this nature. ClientLogic is owned by the Onex Corporation out
of Toronto, Canada. They are an international service provider
that has 33 service facilities within North America and Europe;
19 of which are in the U.S. The service they provide is
managing customer relations such as market services for their
clients, customer contacts, acting as a customer service
department including technical support, inventory management,
order processing, payment processing, shipping, etc. In their
desire to open an operating facility in the City of Yakima, they
have asked for a financial incentive from the City in the form
of a HUD grant.
Bill Cook, Director of Community and Economic Development,
advised that ClientLogic will lease 40,000 square feet of office
space on the second floor of the Yakima Mall in the Great
Western building. They will hire, train and employ 400
positions over a 24 month period. There is a goal of over 200
positions by the end of 12 months. The estimated annual payroll
at full employment will be approximately $9 million a year. The
cost to renovate and equip the new office space in the mall is
estimated between $5 and $6 million over the next 90 to 120
days. Mr. Cook also advised that parking for the employees will
be provided by the developer as part of the lease. In return
for this investment and creation of new jobs, ClientLogic has
asked the City to provide an economic incentive package from the
City's annual Community Block Grant Program. Funding for this
eligible CDBG activity will be in the form of $140,000 per year
for five years.
Council Member Puccinelli made note of the fact that although
ClientLogic is not a financially strong company at this time,
the parent company, Onex, is a very healthy firm with over $5
billion in U.S. capitalization and no debt.
Larry Peterson, Assistant City Attorney, stated that it is clear
the contract and transaction is authorized by Federal and State
law. It is a contract that is favorable to the City because it
is a reimbursement type process. ClientLogic will be spending
money and then asking for reimbursement giving the City the
opportunity to verify the expenses are appropriate and eligible
economic development expenses.
City Manager Zais commented that there are risks with this
activity but with risk comes the opportunity for gain.
ClientLogic has a considerable investment to make here and has a
major corporation standing behind them. We are fully disclosing
what the risks are and what the impacts could be, and we are
limiting those risks to a once -a -year look. The annual amount
must be earned each year on a performance -based contract and the
City has an opportunity to review how well the company
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performed. With this full disclosure it is recommended that we
go forward in light of all the long -term benefits forecast for
this project.
Bob Young with the Central Washington. Home Builders, 1018 South
33 Avenue, said they are in support of ClientLogic and their
proposal. He read a statement from CWHB in support and
emphasized how increasing jobs will help stem the tide of our
young workforce leaving the Yakima Valley. He emphasized how
this is an impetus to our teaching institutions to prepare to
meet the needs of businesses who may want to locate in Yakima.
Gary Webster, President of the Chamber of Commerce, 10 North 9th
Street, expressed their support for. the ClientLogic project
stating how it opens doors for the community and utilizes the
resources of Yakima Valley Community College and Perry
Technical. He urged the Council to move favorably on this
project.
Bev Luby Bartz, 114, North 7th Street, said she was pleased that
the Great Western Building will be saved but stated she was
concerned about the parking of 400 employees. Ms. Bartz was
advised that the parking is contained in the lease and will be
inside the parking garage, thereby not impacting public parking.
Doug Rich representing the Yakima Association of Realtors, 2707
River Road, spoke in support of the project alluding to it being
a method of reducing the gap between Yakima's median income and
Yakima's median price of a home. He said they received a
unanimous approval from their Board for the City of Yakima to do
what it takes to entice ClientLogic to become a part of our
community.
Elsie Gregorich, 1516 Browne Avenue, expressed support for this
project saying it is something to make this a great place to
live and to keep our young people here.
Council Member Mattson said it is the nature of today's internet
based economy where a lot of these companies start out with a
lot of debt. He wanted to reiterate that the City's liability
is $140,000 a year federal grant money and, as of today,
ClientLogic is investing millions of dollars to retrofit the
Great Western Building, to hire and train people to staff their
center, and millions of dollars in salaries. He stated his hope
. that this will snowball into something huge.
Lynne Kittelson, 305 North 9 Street, thinks this is a terrific
project and as a member of the Historic Society is very thankful
that this will save the Great Western Building.
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Phil Pleasant, 1202 Fair Avenue, spoke against the project
commenting that he felt block grant money should be directed to
black minorities in the community.
Mary McDaniels, 1903 Slager Road, said she thinks this is a
wonderful use of block grant money, creating a partnership with
the Yakima Valley Community College to provide training for our
young people to fill some of these positions.
City Manager Zais introduced Walter Lopus, Project Manager
representing ClientLogic, but advised that ClientLogic was in a
quiet period because of the Initial Public Offering of their
stock. Mr. Lopus commented that they are looking forward to
becoming a corporate citizen and partner in Yakima.
There being no other citizen wishing to testify, Mayor Place
closed the public hearing.
Resolution No. R- 2000 -47 having been read by title, it was MOVED
BY BUCHANAN, SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION.
The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2000 -47, A RESOLUTION authorizing and directing
the City Manager to execute a Grant Agreement with ClientLogic
Operating Corporation for a grant of federal Community
Development Block Grant funds to assist ClientLogic to establish
a customer relationship management services operation involving
at least 400 employees within two years in the City's CDBG
Target Area.
10. PUBLIC MEETING REGARDING APPEAL OF HEARING EXAMINER'S DECISION
FILED BY LORI FRYMIER ON AN APPEAL BY HARRY RAINFORD ON A NOTICE
OF NONCOMPLIANCE CONCERNING 3310 W. NOB HILL BOULEVARD (REQUEST BY
MS. FRYMIER FOR ADDITIONAL SIX MONTH CONTINUANCE)
Dan Valoff, Associate Planner, advised this was a continuation
of a public meeting from August 3, 1999 regarding a notice of
non - compliance issued for violating a condition to limit the
hours of operation which had been established in the Class 2
zoning review application for the business. Ms. Frymier, with
concurrence from Mr. Rainford, has requested that the public
meeting on this appeal be continued for an additional six
months.
Jim Adams, representing Mr. Rainford, advised they had no
objection to the continuance, however, if the Council deems it
necessary to move forward asked that the hearing examiner's
decision be upheld granting Mr. Rainford's appeal. He explained
that Mr. Rainford has agreed to be a good neighbor and operate
under certain conditions and look for alternative equipment for
the blower in the car wash or other arrangements to satisfy the
neighbors.
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Lori Frymier, 1014 South 33 Avenue, said it was clear that it
was the intent of the City to have a Class 2 review required for
a car wash to be located that close to a residential
neighborhood. She said her concerns about noise were not
relayed to Mr. Rainford at a time when he could have cost
effectively made changes. The primary problem is the noisy
blower. The reason for the six month continuance is to give
Mr. Rainford more time to find a type of re- engineered equipment
to meet both parties' objectives. During the six -month
continuance the existing joint agreement of operating within
reduced hours would be in effect. There was discussion
regarding the area zoned R -1. Mr. Adams clarified that
Ms. Frymier's referral of this as a Class 2 review is not
correct because the Class 2 review took place in 1998. A
decision was issued at that time and no one appealed from that
Class 2 and there were no conditions imposed upon Mr. Rainford.
Following that, the City's Code Compliance Department decided to
impose conditions that hadn't previously been imposed and
Mr. Rainford appealed. This is the review of the Hearing
Examiner's denial of imposition of those conditions.
Ms. Frymier emphasized that the reason the Class 2 review issue
is critical is there was a Staff Report as an attachment to that
report, that stated there would be no Sunday hours of operation
and very limited hours of operation. She said she had relied on
the staff report and that was why an appeal was not filed in the
Class 2 review process.
Larry Peterson, Assistant City Attorney, stated that to reopen
this matter, would be quite complicated. The question whether
or not there were conditions on the Class 2 approval is fairly
disputed. As Ms. Frymier said, the staff report described the
project as having limited hours of operation. The staff report
was reviewed with Mr. Rainford and he signed it. That should
have been the time for Mr. Rainford to tell the City he
disagreed with their understanding of the limited hours of
operation. When it became a Code Enforcement matter, the
Hearing Examiner took the position that there were no conditions
on the approval. Mr. Peterson disagreed with that because the
staff report, which limited the hours of operation, was implicit
in the Hearing Examiner's approval. He clarified that the
effect of the Hearing Examiner's decision would be to permit
Mr. Rainford's car wash to operate at any hour of the day.
It was MOVED BY BARNETT, SECONDED BY SIMS, TO APPROVE THE
CONTINUANCE WITHOUT ANY MODIFICATIONS TO THE JOINT AGREEMENT.
It was MOVED BY MATTSON, TO AMEND THE MOTION THAT IF WE DO
CONTINUE FOR SIX MONTHS THAT WE RESOLVE IT AT THAT TIME. The
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amendment died for a lack of second. It was MOVED BY
PUCCINELLI, SECONDED BY BEAUCHAMP, THAT THE CONTINUANCE WILL,
HOPEFULLY, NOT BE EXTENDED AGAIN. The motion carried by a 5 -2
voice vote, Barnett and Sims voting nay. The question was
called for a vote on the amended motion. The motion carried by
unanimous voice vote.
*11. PUBLIC MEETING TO CONSIDER APPEAL FILED BY KRIS HILLIS OF THE
HEARING EXAMINER'S DECISION ON THE APPEAL OF THE SUBDIVISION
ADMINISTRATOR'S DECISION APPROVING A TWO -LOT PLAT IN THE
VICINITY OF 5811 TIETON DRIVE, FILED BY LARRY LOVELESS
The public meeting could not be held due to inadequate
notification to parties of record and has been rescheduled for
May 16, 2000.
12. AUDIENCE PARTICIPATION
Kenneth Broers, 1402 South 20 Avenue, submitted pictures to
Council showing flooding that occurs in his driveway during a
heavy rainfall. He said this flooding condition has gone on for
over 20 years. There has been an ongoing problem with a catch
basin at the end of his driveway as well as a County drain that
goes underneath his carport and under his house. After a .
description of the problem and some suggestions from Mr. Broers
on possible solutions, the matter was referred to staff.
Laser Droid, 1212 West Cherry Avenue, spoke regarding crime,
graffiti, and gangs in Yakima. He suggested there be lighting
in the middle of City blocks to deter crime and how that could
be accomplished by an LID. He further suggested that gang
activity and graffiti painting be considered a terrorist act
thereby allowing it to be charged under the Federal Terrorism
Laws.
*13. CONSIDERATION OF REPORT FROM THE PUBLIC SAFETY COMMITTEE AND
PROPOSED LEGISLATION REORGANIZING THE FIRE DEPARTMENT
ADMINISTRATIVE COMMAND STRUCTURE:
A. ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE REGARDING
ORGANIZATIONAL STRUCTURE
ORDINANCE NO. 2000 -14, AN ORDINANCE relating to the
organizational structure of the fire department; creating a
deputy chief of operations and logistics, and a deputy chief of
planning and finance; amending subsection (b) of Section
1.18.040 of the City of Yakima Municipal Code.
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B. ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE REGARDING
OVERTIME PAY FOR BATTALION CHIEFS
ORDINANCE NO. 2000 -15, AN ORDINANCE relating to personnel; and
amending subsections (B) and (D) of Section 2.22.040 of the City
of Yakima Municipal Code regarding pay for battalion chiefs of
the Fire Department.
C. RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE MEMO
OF UNDERSTANDING WITH THE BATTALION CHIEFS
RESOLUTION NO. R- 2000 -48, A RESOLUTION authorizing the City
Manager of the City of Yakima to execute a Memorandum of
Understanding between the City of Yakima and the Yakima Fire
Department Battalion Chiefs.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL
AGREEMENT WITH DOUGLAS COUNTY FIRE DISTRICT #2
RESOLUTION NO. R- 2000 -49, A RESOLUTION authorizing the execution
of an Intergovermental Cooperative Purchasing Agreement with
Douglas County Fire District No. 2.
15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES CONTRACT WITH KDF ARCHITECTURE TO DEVELOP
A MASTER SITE PLAN FOR KISSEL PARK
Carol Masterson, 1114 South 32 Avenue, raised concerns
regarding the development of Kissel Park, mainly increased
traffic and activity in their neighborhood. She said that in
speaking with her neighbors they would prefer a quiet park
rather than Kissel Park becoming a sports complex. Chris
Waarvick, Director of Public Works, said this contract is
specifically for development of a master plan and during the
development process these concerns could be addressed. There
was discussion regarding the initial public meeting that was
held on this subject as well as the intent to hold future
meetings to review and obtain feedback once there was a design.
Denise Nichols, Parks and Recreation Manager, advised that a
tentative application for an IAC grant had been submitted. She
advised that the City, has until August 1 St to modify that grant
application, at which time they will have to describe specific
elements in the grant. There was discussion regarding the
relocation of the Larson Park tennis courts with the
clarification that it has not been decided that they would be
moved to Kissel Park. Mrs. Masterson read the petition signed
by her neighbors requesting the resolution be denied until the
neighborhood has been fully informed and has an opportunity to
express their concerns. Council Member Sims and Public Works
Director Waarvick commented that this resolution could be
approved and still be able to get citizen input before final
decisions are made. Council Member Puccinelli commented that
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the neighborhood residents should be notified about any meetings
concerning Kissel Park, including today's meeting. Mr. Waarvick
reiterated that without an architect's plans, there wouldn't be
anything for the neighbors to review. Resolution No. R- 2000 -50
having been read by title, it was MOVED BY PUCCINELLI TO DENY
THE RESOLUTION. The motion died due to the lack of a second. It
was MOVED BY BUCHANAN, SECONDED BY SIMS, TO APPROVE THE
RESOLUTION. The motion carried by a 6 -1 roll call vote,
Puccinelli voting nay.
RESOLUTION NO. R- 2000 -50, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute an
architectural services agreement with KDF Architecture to
develop a site plan for development of Kissel Park.
*16. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN FOR CORRECTIONS SERGEANT AND OTHER
HOUSEKEEPING ITEMS
ORDINANCE NO. 2000 -16, AN ORDINANCE relating to City personnel;
adopting a classification and compensation plan for City
employees to be effective June 1, 2000; amending Subsections
2.20.100 A, 2.20.100 C, 2.-20.100 D, 2.20.110 A, 2.20.110 B,
2.20.110 C, and 2.20.110 F, all of the City of Yakima Municipal
Code.
*17. SECOND READING OF AN ORDINANCE AMENDING THE 2000 BUDGET AND
APPROPRIATING FUNDS FOR OPERATING THE EAST RACE STREET FIRE
STATION KNOWN AS "STATION R"
An Ordinance amending the 2000 budget and appropriating funds
for operating the East Race Street Fire Station (known as
Station R), previously having been read by title only, was
brought before the Council for a second reading.
ORDINANCE. NO. 2000 -17, AN ORDINANCE amending the 2000 budget
for the City of Yakima; and making an appropriation of.$8,800
within the 000 - General Fund for expenditure during 2000 to •
operate the Race Street Fire Station.
18. OTHER BUSINESS
There was no other business discussed.
Information Items:
Items of information provided to Council were: Letter from J. C.
Penney regarding Closure of Yakima, Washington Store - Worker
Adjustment and Retraining Notification Act Notices. 4/10/00;
Agenda for the May 3, 2000 Community Review Board meeting;
Agenda for the May 4, 2000 Downtown Area Redevelopment Committee
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Meeting and minutes of the April 6, 2000 meeting; Planning
Division Assignments Pending Report as of May 2, 2000; Article from
April 23, 2000•The Seattle Times, "Slow Down and Study New Aquarium
Project "; Article from April 20, 2000 The Wall Street Journal,
"Letters to the Editor - Fluoridation is a Poisonous Fraud "; and
Economic Development Digest. April 2000.
19. ADJOURNMENT TO MAY 16, 2000 AT 7:30 A.M. IN THE POLICE
STATION /LEGAL CENTER FOR A REVIEW OF THE DRAFT PARKS AND
RECREATION COMPREHENSIVE PLAN
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADJOURN THE
MEETING AT 4:25 P.M. TO MAY 16, 2000 AT 7:30 A.M. AT THE POLICE
STATION /LEGAL CENTER FOR A REVIEW OF THE DRAFT PARKS AND
RECREATION COMPREHENSIVE PLAN. The motion carried by unanimous
voice vote.
READ AND CERTIFIED ACCURATE BY: i OU
COINCIL MEMBER DATE
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'UNCIL MEMBER DAT
ATTEST:
CITY CLERK Y PLACE, MAYOR
Minutes prepared by Linda Watkins, Pension /Records Clerk. An audio and video tape of
this meeting are available in the City Clerk's Office
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