HomeMy WebLinkAbout08/15/1989 Business Meeting 234
AUGUST 15, 1989
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. Assistant
Mayor Lynn Buchanan presiding, Council members Clarence Barnett,
Lynn Carmichael, and Bernard Sims present on roll call.
Mayor Pat Berndt and Council members Henry Beauchamp and Jerry Foy
absent and excused. City Manager Zais, Assistant City Attorney
Tree, and City Clerk Roberts also present.
2. INVOCATION
The Pledge of Allegiance was led by Council member Carmichael.
3. OPE14 DISCUSSION FOR THE GOOD OF THE ORDER
None.
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. The City Clerk then
read the Consent Agenda items, including resolutions and ordinances
by title. It was.MOVED BY SIMS.,. SECONDED .BY ..BARNETL,.:. THAT THE
,CONSENT. AGENDA,: AS READ, BE..:PASSED. Unanimously carried by roll
call vote. .Beauchamp, . Berndt and Foy absent. (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 COUNCIL MEETING OF JULY 25, 1989
The Council minutes of July 25, 1989 were approved, having been
duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
6. AUDIENCE PARTICIPATION
Shahid Ohad, 1313 Browne, #208, appeared before the Council to
inquire about the status of the installation of the traffic signal
promised for 10th Avenue and Summitview. He stated this was
previously approved by Council, however, everytime he called
staff about this he was advised another report on this is being
prepared to go to Council. Assistant Mayor Buchanan reported this
item is scheduled for the next Council meeting. Since Mr. Ohad and
Mr. Thomas are present today to speak to this issue, and staff has
provided a written report, it was the consensus of the Council to
discuss this issue under Item No. 17, Other Business.
7. PUBLIC MEETING ON REQUEST TO REZONE PROPERTY AT 5405 SUMMITVIEW,
FROM R2 TO B1, AS REQUESTED BY CLINE /ORMBREK
This being the time set for a public meeting on the rezone of
property at 5405 Summitview, Joan Davenport, Associate Planner,
reviewed the information contained in the staff report. She stated
this rezone application has been recommended by staff and the
Hearing Examiner for denial. One of staff's concerns was the
change in the land use along Summitview Avenue. There have been a
number of recent developments along Summitview, including some
major developments, which could change the character of that area.
A second issue of concern is that of public need for
a professional office building at this location. Staff has
contended that public need has not necessarily been addressed. She
stated a third area of concern was the traffic impact, which would
not be immediately felt. The rezone would only have a small impact
on Summitview, but it sets a precedence which could lead to many
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AUGUST 15, 1989 2 3 J
curb cuts and other traffic problems. Ms. Davenport reported the
applicant submitted a plan for an office use, with shared access.
She stated a letter was received from Mr. Broetje, the property
owner, indicating his neighbor, Mr. Johnson, intends to purchase
the balance of the property for agricultural and green belt use.
She stated the Hearing Examiner, in his recommendation, included
some text about the future suitability of about a 21 acre site on
Summitview ( Broetje and Johnson orchards), saying that maybe B -1 is
a good use for that whole site. She reported that staff's opinion
is that the Hearing Examiner is experiencing frustration and staff
should look at the land use for that whole area, although staff is
not expecting a rezone request for that whole area. Council member
Sims asked how long it would take staff to review the land use for
that area. Ms. Davenport briefly outlined the task, and stated
• staff is already operating under a heavy workload, so she could not
give a time frame.
Assistant Mayor Buchanan opened the meeting for public testimony.
Jim Slagle, Lombard and Associates, 1607 West Lincoln, speaking on
behalf of Mr. Broetje, said Traho, Inc. has an option to purchase
the front ,part of the property for an office building., Mr,. Johnson
has an option to purchase the back 3.88 acres and his intent is to
farm and to protect his ,residence: Mr.. Johnson has signed an
agreement with Mr. Broetje, and has indicated he would seek a down
zone of that property to an open space classification. He
outlined the problems Mr. Broetje has experienced in trying to sell
that property with its current zoning.- He commented that any
future rezones along Summitview would require a hearing, so he did
not see how this rezone would set a precedence.
Barbara Cline, applicant, commented some policy issues surfaced
which do not seem to have an easy answer. Summitview, because of
the development of traffic was widened, and lots of property in
that area have been zoned for different commercial uses. She
stated the property owner has been trying to sell that property for
residential use, but there is no buyer interested because of the
traffic. She said one of the staff's concern was the need for
professional office use in that area. She said she has had a
number of clients looking for professional office space on the west
side. She read the description of the B -1 zoning, commenting this
rezone would do exactly what that classification describes. She
stated this would provide a buffer from the large commercial
property and the residential properties in that area. Addressing
the curb cut issue, she stated they have indicated they would share
their curb cut with the adjacent property.
Roy Johnson, 5111 Summitview, commented about the growth in that
area, particularly the increase in traffic. He stated he would be
in favor of the professional office building on that site and he
would live right next door to it. A B -1 zone is a buffer between
the large businesses and the residential area. He stated if this
rezone is approved, he would farm the back part of that property
and request a change in zoning to Suburban Residential. He spoke
about his orchard business, stating they recently increased the
size of his warehouse due to business growth. He said his son is
in the business with him and is the fourth 'generation in his
family to farm that property.
Council member Barnett asked if the Council would have to conduct
its own hearing if Council denies the Hearing Examiner's
recommendation. Don Skone, Planning Manager, stated if Council
wants to approve the rezone, they would have to hold a hearing.
Council member Sims again asked how long it would take staff to do
an overall plan for that area. Mr. Skone stated, given staff's
other priorities, and other issues in the area, it would probably
be incorporated into a comprehensive plan for that area. Council
member Barnett stated he thinks Council should act on this rezone
request separate from the issue of whether a study of that
neighborhood is needed. It was MOVED BY BARNETT, SECONDED BY SIMS,
TO DENY THE HEARING EXAMINER'S RECOMMENDATION AND GRANT THE REZONE
AND TO HOLD A PUBLIC HEARING ON SEPTEMBER 19TH: Prior to voting on
the motion, Council members each indicated they had had no contact
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from the proponents or opponents of this rezone. Council member
Carmichael indicated she was going to vote against the motion
because she thinks the neighborhood land use issue needs to be
clarified before any rezone is granted. Assistant Mayor Buchanan
asked staff when they would start on this plan. Mr. Skone stated
it might be staff's best approach to consider the neighborhoods
separately, in which case he would say it could be done in 1990 and
would probably take the majority of the year, and then staff would
bring back a recommendation from the Regional Planning Commission.
Council member Buchanan commented that a B -1 zone is not strictly
for 9 -5 professional businesses. Mr. Skone confirmed that,
stating he doesn't have his list of uses in front of him, but
it includes drugstores and stationery office supply businesses.
THE QUESTION WAS CALLED..FOR'A VOTE.ON THE' MOTION. Motion failed by
2 -2 voice vote. Buchanan and Carmichael voting nay. Beauchamp, -
Berndt and Foy absent. Council member Barnett commented he
believes there was adequate testimony that there is no demand for
residential property there, and the B -1 provides a buffer to negate
the noise for the residences. Assistant Mayor Buchanan commented
he thinks we would be better off to expedite a study of the area.
He stated he is uncomfortable with a B -1 zoning. It was MOVED BY
CARMICHAEL, ' . SECONDED BY ' SIMS, 'TO DIRECT : STAFF '10 GIVE. IMMEDIATE
PRIORITY TO THE* DESTINY OF THIS 'PROJECT AREA:AND "OOME BACK TO
. .COUNCIL AT' 'THE 'SOONEST ..:POSSIBLE TIMEI'WITH: A 'RECOMMENDATION.
Unanimously carried by voice vote. Beauchamp, Berndt and Foy .
absent. As an aside from the rezone issue, Council member Barnett
stated he noticed the Hearing Examiner, once again, addressed this
issue to the County Commissioners, not City Council.
8. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND
DEBRIS PROGRAM
Glenn Rice, Director of the Department of Community and Economic
Development, indicated he was available to respond to any
questions. There being no citizen present to speak to this issue,
and Resolution No. D -5624 having been read by title only, it was
MOVED BY CARMICHAEL, SECONDED BY SIMS, :THAT THE .RESOLUTION BE
ADOPTED. Unanimously. carried by roll call vote'. Beauchamp, Berndt
and Foy absent.
Council member Barnett referred to Agenda Item No. 11A, commenting
there are a number of accounts that appear delinquent under the
weed abatement program. He commented if the weed abatement program
is not self - supportive, then maybe the charges should be increased.
Mr. Rice stated that has been discussed by staff. He stated it
costs more to clean up the lots than is collected. Council briefly
•
discussed the costs of the program versus the revenue collected, .
which amounts to a subsidization of about 50 %. Council member Sims
said if a report is going to be prepared, perhaps it should also .
review the whole policy as to whether this program should be
subsidized at all. Mr. Rice stated this is a program where the
better results you have, the more costly it is per parcel
which had to be cleaned, because there are fixed overhead costs
distributed to fewer lots.
RESOLUTION NO. D -5624, A RESOLUTION authorizing the Code
Administration Manager to clear certain weedy lots.
9. REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
REGARDING PROPOSED YAKIMA HOUSING SERVICE CENTER HOMEOWNER'S
PROGRAM (SEE DRAFT ORDINANCE) AND 203 K FEDERALLY INSURED MORTGAGE
PROGRAM .
Glenn Rice stated this item really addresses two separate programs
and even though staff submitted a lot of material, it may not be
enough. He stated Council may wish to review this further,
however, there is a deadline on the 203K program, which is
administered for the Federal Government; the other program does
encumber the City's bonded indebtedness. Council member Barnett
.stated'he would like to have the two programs separated for
discussion purposes. It was MOVED BY'.CARMICHAEL, °SECONDED BY SIMS,
. THAT WE HOLD THE HOME( NERS ' 'DEMONSTRATION . -' PROGRAM' ' OVER - FOR STUDY
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AUGUST 15, 1989
SESSION DISCUSSION. Council member Barnett stated one disturbing
thing in this ordinance is a conflict between the ordinance and the
exhibit on the description of income and dwelling units. Dixie
Kracht, Housing Manager, stated in the 203K program, the Federal
definition of residential is 1 -4 dwellings; five or more is called
multiple dwellings., She stated the demonstration program is for
single family residences. Council member Barnett requested this be
further clarified before the study session. He asked if this is
for first -time ownership and Ms. Kracht replied in the affirmative.
THE QUESTION WAS CALLED FOR A VOTE ON THE MOTION. Unanimously
carried by voice vote. Beauchamp, Berndt and Foy absent.
Assistant Mayor Buchanan stated there are citizens in the audience
who have indicated a desire to speak to this issue.
Ines Rice, 4409 W. Arlington, spoke in opposition to this program,
stating she would like someone to explain to her how you can borrow
money for 9% and pay it back at only 6% and be clear in it. She
commented she is not ready to have her property encumbered to get
these loans for this type of program. She asked if the study
session would be open to the public.. Assistant Mayor Buchanan
stated that will be open to the public.
Dixie Kracht reviewed the 203K Program, stating it is a Federal
insured loan, however, it is not used much because of the
paperwork involved. She stated Security Pacific Bank of Tacoma
approached the City saying they have people trained to work this
program. She said the reason they considered this program is
because more money is needed for the housing rehabilitation
program. Using the 203K program could double the amount of the
City's rehab budget by letting Security Pacific write a loan and
the City discounts it so its affordable. Instead of the City
putting out the $25,000 for rehabilitation, the bank would put up
$25,000 and the City, $5,000. FHA has waived a lot of fees and
gave the City the responsibility and Security Pacific has offered
to train our staff. She said staff will be impacted by this, but
we can receive more, rehab money by using this program. Council
member Barnett asked if this program can be processed by existing
•
staff. Ms. Kracht stated it can be done by existing staff at this
time, with the training offered by Security Pacific. Ines Rice
requested Ms. Kracht provide her with the by -laws of the Community
Development Committee. This request initiated discussion about the
meeting attendance of the Committee members. Council members
indicated they should receive attendance records of all boards and
commissions on an annual basis, and should be advised of any
attendance problems. Ms. Kracht indicated she would prepare a
report on the Committee members' attendance at meetings and on the
time and dates of the meetings and make suggestions to make it
better. It was MOVED BY SIMS, SECONDED BY BARNETT, 10 ACCEPT THE
203K FINANCING PROGRAM, .AS. RECOMMENDED BY STAFF. Unanimously
carried by voice vote.: Beauchamp, Berndt and Foy absent.
10. REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
REGARDING PROPOSED POLICY FOR RIGHT -OF -WAY VACATIONS
Joan Davenport stated this is a proposed review of the current
policy on the vacation of public right -of -way for the purpose of
public roads or alleys. She said this report is split into three
different areas. Currently the compensation for rights -of -way
vacations is embodied in two resolutions requiring compensation be .
paid to the City for all right -of -way vacations. That ccxnpensation
shall be one -half the value of the right -of -way, and if it has a
value of more than $4,000, a fair market appraisal is required. In
1976, the School District, Yakima County and other State agencies
• were exempted from paying compensation to the City for right -of -way
vacations. She reported that recently staff has a number
of petitions to vacate right -of -way; six are in various stages of
review. Staff decided maybe more flexibility is needed in this
area. She said staff. gave Council three different example
situations, which she reviewed from the staff report, as follows:
A right -of -way or easement- the City acquired at no cost (or at a
nominal fee) of which there exists no current or planned public
use; a right -of -way where the City owns the underlying fee and some
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AUGUST 15, 1989
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public use is served by the right -of -way; and a right -of -way which
the City purchased at full value for a specific public use. Policy
options provided by staff is that for situations described in the
first example, no compensation should be necessary; for right -of-
ways described in example two, staff recommends retaining the
existing policy relating to compensation to the City; and for
situations described in example 3, staff recommends that the City
amend the compensation policy to provide for such a case. Council
member Carmichael asked why the School District and state agencies
should be exempt from paying compensation. City Manager Zais
stated it is reciprocal in nature, and more than likely, the money
would come from the same tax base. He stated there is no basis for
the 50% charge; that was a Council policy decision in 1976.
Council member Barnett stated that should be reviewed; perhaps the
50% should be 100 %. Council members discussed this suggestion;
Council member Carmichael stating Council could take action on this
because it would have to come back for adoption of the proper
legislation.. It was. MOVED. BY CARMICHAEL, .SECONDED:._BYBARNE'TT, THAT
WE : ADOPT STAFF'S: RECD IMENDATION. AND DIRECT. THE LEX AL DEPARTMENT TO
PREPARE A• uNIFIED.RESOLUTION °:RELATING. TO::VACATION::OF' RIGHTS -OF -WAYS
_AND. _REPEALING:. THE :: EXISTING ": RESOLUTIONS. :JUrnanimously :carried by
voice vote. Beauchamp, Berndt and Foy. 'absent.. Council member
Barnett stated he would like staff to come back in the future with
a report on the 50% vs 100% compensation, unrelated to this issue.
Assistant Mayor Buchanan stated there have been instances where the
City has been asked to vacate property for the construction
of commercial buildings, increasing that value, and we should be
looking at 100% compensation. Ms. Davenport requested
clarification on the motion to inquire if it included
administrative policies outlined in the report, including
delegating the hearing to the Hearing Examiner. It was the
consensus of the Council that the motion included the
administrative policy changes.
*11. REPORTS FROM DEPARTMENT OF FINANCE AND BUDGET:
A. SECOND QUARTER 1989 CENTRAL BILLING STATUS (ACCEPT REPORT)
The second quarter 1989 Central Billing Status report from the
Department of Finance and Budget, was accepted.
B. JULY 1989 TREASURY REPORT (STANDARD MOTION VA - ACCEPT REPORT)
The report from the Director of Finance and Budget dated
August 14, 1989 regarding the investments of the City of Yakima for
the month of July, 1989, was accepted and approved.
C. JULY 1989 BUDGET REPORT (ACCEPT REPORT)
The July 1989 Budget report was accepted.
*12. SET DATE FOR AUGUST 22, 1989 FOR APPEAL ON HEARING EXAMINER'S
RECOMMENDATION REGARDING ADMINISTRATIVE ADJUSTMENT FOR SIGN FOR
TIGER BIN MINI -MART AT 1802 NORTH FIRST STREET
August 22, 1989 was set as the date of hearing on an appeal from
the Hearing Examiner's recommendation regarding administrative
adjustment for a sign for Tiger Bin Mini -Mart at 1802 North First
• Street.
*13. CONSIDERATION OF LEGISLATION RELATING TO FIRE DEPARTMENT PERSONNEL:
A. RESOLUTION AUTHORIZING EXECUTION OF SErfLEMENT AGREEMENT
RESOLUTION NO. 121-5625, A.RESOLUTION authorizing and directing the
City Manager, Fire Department Chief, and Anthony F. Menke, the
City's representative, to execute a Settlement Agreement Regarding
Pending Unit Clarification Proceedings resolving all issues before
the Public Employment Relations Commission regarding Case numbers
7495 -C -88 -401, 7856 -C-89 -417, and 7857 -C -89 -418 with Local 469,
International Association of Firefighters, AFL -CIO, (Leoff and
PERS).
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AUGUST 15, 1989 239
• B. ORDINANCE AMENDING THE MUNICIPAL CODE TO INCLUDE BATTALION
CHIEFS IN THE MANAGEMENT GROUP
ORDINANCE NO. 3191, AN ORDINANCE relating to City government
administration; specifying the management group of the City; and
amending Subsection 1.18.005 A of the City of Yakima Municipal ,
Code.
C. ORDINANCE AMENDING MUNICIPAL CODE GENERAL ADMINISTRATION
SECTION FOR FIRE DEPARTMENT PERSONNEL
ORDINANCE NO. 3192, AN ORDINANCE relating to City government
administration; defining the administrative organization'and duties
of the Fire Department; and amending Section 1.18.040 of the City
of Yakima Municipal Code.
D. ORDINANCE AMENDING PAY AND COMPENSATION PLAN PROVIDING FOR THE
INCLUSION OF FIRE BATTALION CHIEFS
ORDINANCE NO. 3193, AN ORDINANCE relating to City personnel
adopting a classification and compensation plan for City employees
to be effective September 17, 1989; amending Subsections
2.20.100 A, 2.20.110 E and 2.20.110 H, all of the City of Yakima
Municipal Code.
*14. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND
APPROPRIATING FUNDS FOR WATER TREATMENT PLANT LEVEE MAINTENANCE
• An Ordinance appropriating funds for Water Treatment Plant levee
maintenance, having been read by title only at the previous
meeting, was brought before the Council for a second reading.
ORDINANCE NO. 3194, AN ORDINANCE amending the 1989 budget for the
City of Yakima; and making an appropriation of $10,000 in the 474 -
Water Operating Fund for expenditure during 1989 for river levee
repairs at the Water Treatment Plant.
*15. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND
APPROPRIATING FUNDS INTO THE WORKERS' COMPENSATION FUND (NO FORMAL
ACTION REQUIRED THIS MEETING)
An Ordinance appropriating funds into the Workers' Compensation
Fund, having been read by title only, was laid on the table for one
week, until August 22, 1989.
* 16. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND
APPROPRIATING FUNDS FOR CONSTRUCTION OF BUS TURN -OUT AT DAVIS HIGH
SCHOOL (NO FORMAL ACTION REQUIRED THIS MEETING)
An Ordinance appropriating funds for construction of a bus turn-out
at Davis High School, having been read'by title only; was laid on
the table for one week, until August 22, 1989.
17. OTHER BUSINESS
A. 10TH AVENUE AND SUMMITVIEW SIGNAL (Continued from Item No. 6)
Jerry Copeland, Public Works Director, stated at the June 27th
Council meeting staff recommended the option of relocating the
signal at 4th Street and Walnut to 10th Avenue and Summitview, if
it is compatible. He stated that further research shows a lot of
the material is obsolete and can't be adapted, which leaves two
alternatives. Option A is to relocate the signals from 4th and
Walnut, using what material is compatible, but increasing the cost
from the earlier figure of $25,000 to $60- 70,000; or Option B,
install a new signal at $90- 100,000. He stated staff's
recommendation is Option A. He said the installation would
probably not be able to be done until Spring of 1990. Council
member Carmichael stated she was recuperating from surgery when
this issue was originally discussed, and she had a few questions
about this issue, which she would have let pass at a $25,000 cost,
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but now this is at $70,000. She said she would feel uncanfortable
voting on this additional sum because she has questions about the
original decision. She said she would like to know about the
warrants; how much right-of-way would be needed, how this would
impact the Pierce Street couplet; and do we- want to' encourage
traffic crossing at this intersection. Mr. Copeland stated staff
studied that intersection to see if a traffic signal was warranted,
and it was. Mike Donahue, Traffic Engineer, stated staff looked
at the traffic at 10th and Summitview and reviewed the accident
history of the intersection, which was 5 or more per year. Council
member Carmichael asked to see a copy of the warrants. It was
. MOVED BY SIMS, - SECONDED BY' BARNEIT, 'THAT..WE. READY THIS ITEM FOR
NEXT WEEK. Assistant .Mayor Buchanan .reminded staff he ' had
previously requested a report on the adequacy of access of this
intersection for fire trucks. Shahid Ohad, 1313 Browne, #208,
addressed the Council, stating the citizens have waited a long time
for this signal. He vehemently expressed his disappointment in
facing another delay, stating, apparently, this town does not care
about pedestrians. Tan Thomas, 1313 Browne, #234, also expressed
his dismay at this delay, stating there is an urgency in this
as Summitview is one of the fastest moving thoroughfares in this
area and most of the speeders average 45 -50 Mph and people can't
cross at that intersection. .THE QUESTION WAS CALLED" FOR A VOTE ON
THE MOTION. Unanimously carried by voice vote.
Council _member Carmichael requested an updated City
district /boundary map. She also requested a current listing of
Council Committee assignments.
Council member Sims requested the City Clerk to schedule
appointments for the Council Committee to interview the candidates
for the City Employee Civil Service Commission.
Information Items:
Items of information supplied to Council were: Letter from Yakima
Valley Visitors & Convention' Bureau regarding Convention Center
Expansion Study. 8/9/89; Letter from Central Washington
Comprehensive Mental Health expressing appreciation for free
trolley ride to group of elderly clients and urging Council support
of Yakima Interurban Trolley Lines Association. 8/4/89; Minutes
of the July 26, 1989 Yakima Youth Commission meeting;
Assignments Pending for Office of Environmental Planning as of
August 15, 1989; and Agenda for August 14, 1989 Parks and
Recreation Commission meeting.
18. ADJOURNMENT
There being no further business to come before the Council, it was
MOVED BY CARMICHAEL,.SECONDED BY SIMS,. THAT"THIS'MEETING.ADJOURN AT
THE HOUR Cf.. 4:30 P.M. Unanimously .carried by voice vote..
Beauchamp, Berndt and Foy absent.
READ AND CERTIFIED ACCURATE BY
NCIL MEMBER TE
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OUNCIL M R DATE
ATTEST:
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CITY CLERK MAYOR
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