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CA
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JUNE 6,2000 - ZOO P.M.
IIi_ Answering rollcall were Members Faust, Johnson, Kelly, and Mayor laetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Mayor Maetzold and seconded by
Member Johnson approving the Council Consent Agenda as presented.
Rollcalk
Ayes: Faust, Johnson, Kelly, Maetzold
Motion carried.
*'MINUTES OF THE REGULAR MEETING OF MAY 16, 2000, AND SPECIAL MEETINGS OF
MAY 16,2000 AND MAY 30,2000, APPROVED Motion made by Mayor Maetzold and seconded
by Member Johnson approving the Minutes of the Regular Meeting of May 16,2000, and Special
Meetings of May 16,2000, and May 30,2000.
Motion carried on rollcall vote - four ayes.
PROCLAMATION HONORING YMCA ON 25TH ANNIVERSARY Mayor Maetzold presented a
Proclamation to Katy Campbell, YMCA Board Chair and to Kathy Harley, the YMCA Program Chair.
He elaborated that the "Y" has, for 25 years contributed to a positive quality of life for the citizens of
Edina. Motion made by Member Faust and seconded by Member Kelly introducing the following
proclam3tion and moving its adoption:
A PROCLAMATION.
WHEREAS, the mission of the YMCA is, "To develop the total person - spirit, mind and
body - through character development programs that build strong kids, strong families and strong
communities'? and
WHEREAS, hallmarks of the YMCA are Caring, Honesty, Respect and Responsibility, and
these Christian principles have been put into practice in YMCA programs for 150 years, operating
in 90 countries; and
WHEREAS, the YMCA has specially designated teams that visit businesses, schools,
service and health organizations and churches to share knowledge and experience, promoting the
people, facilities and programs of the Southdale YMCA; and
WHEREAS, locally, the Southdale branch of the YMCA originated in 1937 as the Washburn
YMCA, and in 1975 was re-located to 7355 York Avenue South; and
WHEREAS, the YMCA has a history of providing the community financial assistance to
welcome anyone to participate in its programs and services; and
WHEREAS, service of the Southdale YMCA goes far beyond the boundaries of Edina
including Bloomington, Eden Prairie, Richfield and South Minneapolis; and
WHEREAS, the YMCA has assisted in founding many internationally known civic
organizations: Scouts, Campfire, USO, Toastmasters and has served as a model for the Peace
Corps; and sports with the invention of basketball in 1891 and volleyball in 1895; and
NOW, THEREFORE, I, Dennis F. Maetzold, Mayor of the City of Edina, do hereby
proclaim June 17,2000, as a day of celebration in honor of the
in the City of Edina to recognize the positive contributions made by the "Yl' to our quality of life.
Adopted this 6th day of June, 2000.
25th ANNIVERSARY OF THE SOUTHDALE YMCA
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MinutesEdina Citv Council/Tune 6,2000
Motion carried on rollcall vote - four ayes. I WEARING DATE OF TUNE 20,2000, SET FOR PLANNING MATI'ERS Motion made by Mayor
Maetzold and seconded by Member Johnson setting June 20, 2000, as hearing date for the
f ollowing planning matters:
1. Final Rezoning and Final Site Plat Phase 1, and Preliminary Plat Approval for
Grandview Square - Opus/Clark
2. Final Development Plan - 7701 Cahill Road - JK Steelar, Ltd./David Linner
Motion carried on rollcall vote - four ayes.
*RESOLUTION 2000-59, APPROVING LOT DIVISION - 4700 MERILANE AND 4704 MERILANE
(ED NOONAN) Motion made by Mayor Maetzold and seconded by Member Johnson approving
the following resolution:
WHEREAS, the following described properties are at present single tracts of land
PARCEL A
Lot 1, Block 1, GUNNAR JOHNSON'S REARRANGEMENT, Rolling Green.
RESOLUTION NO. 2000-59
PARCEL B
Lot 60 and 60A, ROLLING GREEN SECTION TWO, according to the recorded plat thereof,
Hennepin County, Minnesota.
WHEREAS, the owner has requested the subdivision as follows:
I PARCEL A
Lot 1, Block 1, GU"AR JOHNSON'S REARRANGEMENT, Rolling Green and
that part of Lot 60A, said "Rolling Green, Section Two, It and Lot 1, Block 1, "Gunnar
Johnson's Rearrangement, Rolling Green," Hennepin County, Minnesota, which lies
southeasterly of the following described line and its prolongations:
Beginning at a point on the southwesterly line of said Lot 1, distant 42.26 feet
southeasterly from the northwest comer of said Lot 1, as measured along said
southwesterly line; thence northeasterly to a point on the northeasterly line of said
Lot 60A, distant 25.00 feet northwesterly from the southeast comer of said lot 60A,
as measured along said northeasterly line, and there terminating.
PARCEL B
Lot 60 ROLLING GREEN SECTION TWO, according to the recorded plat thereof,
Hennepin County, Minnesota, and that part of Lot 60A said "Rolling Green, Section
Two," and Lot 1, Block 1, "Gunnar Johnson's Rearrangement, Rolling Green,"
Hennepin County, Minnesota, which lies northwesterly of the following described
line and its prolongations:
Beginning at a point on the southwesterly line of said Lot 1, distant 42.26 feet
southeasterly from the northwest comer of said Lot 1, as measured along said
southwesterly line; thence northeasterly to a point on the northeasterly line of said
Lot 60A, distant 25.00 feet northwesterly from the southeast comer of said Lot 60A,
as measured along said northeasterly line, and there terminating.
WHEREAS, the requested subdivision is authorized under Code Section 810 and it has been
determined that compliance with the Subdivision and Zoning Regulations of the City of Edina
will create an unnecessary hardship and said newly created Parcels as separate tracts of land do
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MinutesFdina Citv Counciwune 6,2000
not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City
of Edina Code Sections 810 and 850;
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina that the
conveyance and ownership of the above described tracts of land (PARCEL A and PARCEL B) as
separate tracts of land are hereby approved and the requirements and provisions of Code Sections
850 and 810 are hereby waived to allow said division and conveyance thereof as separate tracts of
land but only to the extent permitted under Code Sections 810 and 850 subject to the limitations
set out in Code Section 850 and said Ordinances are now waived for any other purpose or as to any
other provisions thereof, and further subject, however, to the provision that no further
subdivision be made of said Parcels unless made in compliance with the pertinent Ordinances of
the City of Edina or with the prior approval of this Council as may be provided for by those
Ordinances.
Adopted this 6th day of June, 2000.
Motion carried on rollcall vote - four ayes.
BID AWARDED FOR SCHOOL ROAD, RUTH DRIVE AND WEST 59m STREET
IMPROVEMENT NO. A-189 Assistant Engineer Houle reminded the Council at the public
improvement hearing it was decided to take a base bid for the entire project and also to solicit
alternate bids of only the School Road portion of the improvement. The Engineering Department was
to reanalyze the scope of the project for the Council to consider at the time the bids were awarded.
Mr. Houle reported that after reanalyzing the cost of the proposed improvement, letters were sent to
West 59th Street and Ruth Drive residents informing them that if their road was improved with
School Road their cost would be approximately $1,800.00, but if done independently, the cost would
be markedly higher at about $4,750 per lot. He concluded that staff recommended based on the age
of the street, economic analysis of the assessments, and the excellent low bid the entire project be
completed and the award go to Valley Paving, Inc. at $64,840.00. I
Public Comment
Bill Larson, 4805 West 59th Street, stated he was against including West 59th Street in the project. Mr.
Larson said the School District parks buses on his street and therefore should pay any improvement.
Dave Iacono, 4813 West 59th Street, stated the School District has been using West 59th Street as a
staging area for construction. Mr. Iacono urged the Council to not include his street in the project.
Following a brief discussion Member Kelly made a motion approving the bid for roadway
improvements for School Road, Ruth Drive, and West 59th Street, Improvement No. A-189,
Contract No. 00-8 (Engineering) to Valley Paving, Inc., at $64,840.00 or for Ruth Drive and West
59th Street to Valley Paving at $42,650.00. Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Johnson, Kelly, Maetzold
Motion carried.
“BID AWARDED FOR TWO SINGLE AXLE DUMP TRUCK CHASSIS (PUBLIC WORKS)
Motion made by Mayor Maetzold and seconded by Member Johnson awarding the bid for two
single axle dump truck chassis for Public Works to Boyer Trucks, Inc. under State Contract
#423545 at $103,720.00.
Motion carried on rollcall vote - four ayes.
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Minutes/Edina CiW Council/Tune 6,2000
*BID AWARDED FOR TWO FLYGT SUBMERSIBLE SEWAGE PUMPS Motion made by Mayor
Maetzold and seconded by Member Johnson awarding the bid for two flygt submersible sewage
pumps for the 62nd Stxeet lift station, to sole source, Electric Pump Waldor Group, at $15,930.27. I Motion carried on rollcall vote - four ayes.
RESOLUTION 2000-60 AUTHORIZING ACQUISITION OF 4416 VALLEY VIEW ROAD -
ROSTER'S SERVICE STATION Mi. Anderson explained that for several months representatives of
the City have been discussing the acquisition of the property at 4416 Valley View Road occupied by
Roster's Service and Rentals. However, they have been unable to arrive at terms satisfactory to the
City and the property owner and for this reason staff recommended the Council authorize acquisition
of the property by eminent domain.
Mr. Anderson continued explaining the subject property has been used for many years for the rental
of U-Haul trucks and trailers and small engine repair. It was originally constructed and operated as a
gasoline station. A couple of years ago gasoline sales were discontinued and the tanks removed.
Recently, the property owner applied for a variance to install a canopy over new gasoline pumps they
planned to install. After several hearing the Edina zoning Board of Appeals and Adjustments denied
the variances. The property owner has begun installation of new gasoline tanks to re-establish
gasoline sales. They do not plan to discontinue the U-Haul rental or other activities currently
conducted on the site.
Mr. Anderson added that many features of the property do not comply with Edina's Zoning
Ordinance, such as the use of the property for vehicle and trailer rental. It also does not comply with
current setback, lot area and perfomance standards the Ordinance requires. However as its exists
today it is permitted to operation as a lawful non-conforming use because the use of and construction
on the property were established before the current standards were adopted. I
In 1990 the City established a development program for a Development District and Tax Increment
Financing plans for several commercial areas including the Wooddale and Valley View District. The
program and plan contained a number of goals and objectives including eliminating blighting
influences and functionally obsolete land uses impeding order development within the disb5ct. The
plan specifically authorized acquisition of the subject property for the purpose of construdng off-
street parking for the commercial area.
Mr. Anderson said that in staff's opinion, the condition of the property has continued to deteriorate
since the adoption of the development program. He showed several photographs of the subject
property pointing out various problem areas. Mr. Anderson said staff recommended the Council
proceed with the acquisition process.
Public Comment
Ron Elmquist, 6100 Kellogg, explained he was a ten year resident of the area. Mr. Elmquist said that
during that time the property has deteriorated in appearance with more unused vehicles stored, plus
appliances and miscellaneous debris. In addition, the home two doors from the property is owned by
the Rosters and is in much the same condition. Mr. Elmquist reported that during the past week he
talked to about 100 people in the area and all want the property cleaned up and the business
removed.
Ned Blankenship, 6024 Kellogg, asked if it was the City's intent to build Section 8 housing on the
subject property? Mr. Anderson explained that while affordable housing was a goal of the City he
was unsure if it would be in this location. Planner Larsen added that Section 8 housing was only one
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possibility of affordable housing. Mr. Blankenship added he agreed with his neighbor Mr. Elmquist,
that the property has steadily declined in condition. He urged the City Council to take whatever
action necessary to ,clean up this location. I
Debra Klingsporn, 6028 Kellogg, said she was also a twelve year resident and agreed with her
neighbors about the deplorable condition of the property. However, Mr. Klingsporn added she had
concerns about safety. She said that she had personally been accosted verbally and had observed
trucks leaving the site without regard for pedestrians when walking in the neighborhood.
Gary Persian, Attorney for Bob Roster, 2300 First Star Center, St. Paul, said the subject property is a 44
year family run business that for 42 years has operated a U-Haul business. He acknowledged that the
dirt piles look terrible, but that is just while Mr. Roster is installing new underground gasoline tanks.
Mr. Roster had to cease his gasoline operation because his old tanks did not meet federal guidelines.
Mr. Persian reported it was Mr. Roster’s intent after the tank installation was complete to clean up the
site and landscape. This should take between 12-18 month, but when complete only six trucks will be
on-site. Mr. Persian added that there is no place Mr. Roster can re-locate to and still operate. He asked
the Council to table the matter and allow Mr. Roster to finish his planned improvements.
Mayor Maetzold stated that he has driven past the subject property for seventeen years and it has
been in a deteriorated condition for many years. He wondered why the improvements were
proposed at this time. Mr. Persian responded that Mr. Roster now has the funds available to
complete the rehabilitation of the site.
Member Kelly asked if Rosters was affiliated with any franchise. Mr. Persian explained that was
under negotiation, but none at this time.
Member Faust asked the Fire Chief and Building Official if any violations exist on the site currently.
Chief Scheerer explained that on March 29,2000, a notice was sent of violation. As of the current date,
no progress had been made on those violations and therefore no fuel pumping would be allowed
while the conditions exist. Building Official Kirchman reported that while completing a sewer and
water tank installation inspection staff noted interior plumbing had been completed without a
building permit. Mr. Larsen added that several the owner has been notified many times of non-
compliance with the code. He said there would be a partial compliance then decline would happen
again.
Member Johnson asked if all the necessary permits have been obtained for the current tank
installation. Mr. Kirchman replied that all permits have been obtained.
Following a brief discussion, Council expressed concern over the general deteriorated condition,
potential safety hazards to the neighborhood and failure of the property owner to complete
previously requested clean up, Member Johnson introduced the following resolution and moved
its adoption:
RESOLUTION NO. 2000-60
CONDEMNATION RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the “City”), as follows:
WHEREAS, pursuant to Minnesota Statutes, Sections 469.124 to 469.134, the City Council on
April 2, 1990 adopted the Development Program for Development District No. 2 (the “Development
Program”), which created a development district in the City designated as Development District No. 2
(the “District”);
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Minutes/Edina City Council/Cune 6,2000
WHEREAS, it is necessary, advisable, and in the public interest that the City, acquire for
redevelopment purposes, and pursuant to the Development Program, property within the Development
District; and
WHEREAS, in order to assist in the redevelopment of the property in the Development District
in accordance with the Development Program, it is necessary that the properties described on Exhibit A
attached hereto and hereby made a part be redeveloped; and
WEEREAS, the City has been advised that said property will not be made available for
redevelopment in a manner that would allow the City and meet the objectives and purposes of the
Development Program unless it is acquired by eminent domain; and
WHEREAS, in order to undertake the Development Program and provide for the redevelopment
of said property in a manner that would meet the objectives and purposes of the Development Program,
it dl be necessary to procure the same by the right of eminent domain.
NOW, THEREFORE, BE IT RESOLVED, that in order to undertake the Development Program
and provide for the redevelopment of the property described on Exhibit A hereto in a manner that would
meet the objectives and purposes of the Development Program, the City proceed to acquire the property
described on Exhibit A hereto and all interests therein under its power of eminent domain; and that the
attorneys for the City be instructed and directed to file the necessary petition or petitions therefor and to
prosecute such action or actions to a successful conclusion, or until it is abandoned, dismissed or
terminated by the City or the Court; and that the attorneys for the City, and the officers of the City do
all things necessary to be done in the commencement, prosecution and successful termination of such
eminent domain proceedings.
BE IT FURTHER RESOLVED, that it is hereby found and declared that the acquisition of the
property described on Exhibit A hereto and all interests therein by the City under its power of eminent
domain is necessary to redevelop property in the Development District in accordance with the
Development Program.
EXHIBIT A
4416 Valley View Road
Lots 8 and 9, Block 21, Fairfax Addition, according to the recorded plat thereof, Hennepin County,
Minnesota.
Passed this 6* day of June, 2000.
Member Faust seconded the motion.
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Ayes: Faust, Johnson, Kelly, Maetzold
Motion carried.
TABLE FRANCHISE ORDINANCE BOND REQUIREMENT APPROVED Motion made by
Mayor Maetzold and seconded by Member Johnson approving the Performance Bond reduction to
$100,000 in accordance with the Franchise Agreement with Time Warner Cable based upon
completion of the upgrade.
Motion carried on rollcall vote - four ayes.
*NOTICE OF INTENT TO FRANCHISE CABLE COMMUNICATIONS SYSTEM AUTHORIZED
Motion made by Mayor Maetzold and seconded by Member Johnson authorizing publication of
the Notice of Intent to Franchise for WideOpen West and Everest Communications to operate and
maintain cable communications in the City.
Motion carried on rollcall vote - four ayes.
FINAL SUMP PUMP INSPECTION PROGRAM REPORT PRESENTED Engineer Hoffman
explained that in February 1998, the City initiated inspections of approximately 14,000 residential and
non-residential properties for possible connections of clear water to the sanitary sewer system. He
introduced Douglas Tho10 of Howard R. Green Company the City's consultant who conducted the
sump pump inspections.
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Mr. Tholo presented results from the final report showing 13,982 properties were inspected with 411
having sump pumps cross-connected to the sanitary sewer during the first inspection. After the re-
inspection, 23 residences were still cross-connected. This represented a reduction of approximately 34
million gallons per year to the sanitary sewer. 490 properties remain to be inspected.
Engineer Hoffman stated the program has clearly been a success and the City will continue efforts
regarding other properties thereby reducing clear water into the sanitary sewer system. The Council
requested staff to quanixfy the dollars saved by the flow reduction achieved through the sump pump
inspection program and report these findings to the Council.
*PETITION RECEIVED REQUESTING CURB AND GUTTER FROM RESIDENTS OF MAPLE
ROAD (4811 - 4836) Motion made by Mayor Maetzold and seconded by Member Johnson referring
the petition received requesting curb and gutter between 4811 and 4836 Maple Road to
Engineering for processing as to feasibility.
Motion carried on rollcall vote - four ayes.
CLAIMS PAID Motion made by Member Faust approving payment of the following claims as
shown in detail on the Check Register dated May 31, 2000, and consisting of 40 pages: General
Fund $314,921.00; Communications $1,000.00; Communications $503.94; Working Capital $3,253.79;
Art Center $14,053.49; Golf Dome Fund $800.00; Swimming Pool Fund $22,302.46; Golf Course
Fund $70,555.77; Ice Arena Fund $3,010.42; Edinborough/Centennial Lakes $20,167.98; Utility Fund
$367,767.31; Storm Sewer Utility Fund $7,167.13; Liquor Dispensary Fund $346,851.15; Construction
Fund $145,147.04; IMP Bond Redemption #2 $1,600.00; TOTAL $1,319,101.48; and for confirmation
of payment of claims as shown in detail on the Check Register dated June 1,2000, and consisting
of 8 pages: General Fund $882,021.91; Communications $1,386.00; Working Capital $3,500.40; Art
Center $3,807.40; Golf Dome Fund $1,440.62; Swimming Pool Fund $2,213.92; Golf Course Fund
$7,736.32; Ice Arena Fund $15,159.88; Edinborough/Centennial Lakes $4,104.08; Utility Fund
$29,347.62; Storm Sewer Utility Fund $1,384.72; Liquor Dispensary Fund $64,916.29; Construction
Fund $155.10; TOTAL $1,017,174.26. Member Johnson seconded the motion.
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Rollcalk
Ayes: Faust, Johnson, Kelly, Maetzold
Motion carried.
RESOLUTION 2000-58 CALLING FOR BOND SALE FOR SERIES 2000A AND 2000B HEARING
DATE SET FOR WEDNESDAY, JULY 12,2000 Assistant Manager Anderson explained that the two
bonds Series 2000A and Series 2000B relate to public improvements proposed for the Opus/Clark
development in the Grandview area. The first issue (2000A) pays for a portion of the constnzction of
the Senior Center and Library proposed for the development. The balance of the construction costs
are paid for from other revenue sources as per the redevelopment agreement. The second issue
(2000B) is a refinancing of the 1997 temporary issue that was used to pay for the purchase of the Kunz
and Lewis property. The current temporary issue has a principal payoff date of August, 2000. The
Series 2000B issue extends the life of this debt service to 2003. Under the terms of the redevelopment
agreement, the City has agreed to pay off this bond issue when it receives the final payment for the
Kunz/Lewis property in 2001.
Mr. Anderson said that staff recommends approval of the resolution calling for the bond sale and that I a special meeting date be set for Wednesday July 12,2000, at 700 P.M. for award of the proposal.
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Minutes/Edina City Council/Tune 6,2000
Following a brief Council discussion, Member Kelly introduced the following resolution and
moved its adoption: I RESOLUTION NO 2000-58
RESOLUTION PROVIDING FOR THE SALE OF
$2,640,000 G.O. TAX INCREMENT BONDS, SERIES 2000A
$2,550,000 TAXABLE G.O. TEMPORARY TAX INCREMEXI' BONDS, SERIES 2000B
WHEREAS, the City Council of the City of Edina, Minnesota, has heretofore determined that it
is necessary and expedient to issue the City's $2,640,000 G.O. Tax Increment Bonds, Series 2000A (the
"Series 2000A Bonds") to finance the public costs associated with the Grandview Square Redevelopment
Project and to issue the City's $2,550,000 Taxable G.O. Tax Increment Bonds, Series 2000B (the "Series
2000B Bonds") to refinance the G.O. Tax Increment Bonds, Series 1997B; and
Ehlers & Associates, Inc., in Roseville, Minnesota
("Ehlers"), as its independent financial advisor and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Edina, Minnesota, as
follows:
1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the
sale of the Series 2000A Bonds and the Series 2000B Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at the time and place to be specified in
the Terms of Proposal for the purpose of considering sealed proposals for, and awarding the sale
of the Series 2000A Bonds and the Series 2000B Bonds. The City Manager, or designee, shall
open proposals at the time and place to be specified in such Terms of Proposal for each issue.
Terms of Proposal. The terms and conditions for the Series 2000A Bonds and the Series 2000B
Bonds and the sale thereof are fully set forth in the Bond Sale Report and are hereby approved
and made a part hereof.
Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement
for the Series 2000A Bonds and the Series 2000B Bonds and to execute and deliver it on behalf of
the City upon its completion.
WHEREAS, the City has designated
3.
4.
Dated: June 6,2000. -
Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Johnson, Kelly, Maetzold
Resolution adopted.
BUDGET CALENDAR FOR 2001 PRESENTED Assistant Manager Anderson presented the
proposed calendar for the 2001 budget process. Following a brief discussion, Member Faust made a
motion to adopt the proposed calendar for the 2001 budget process as presented. Member Kelly
seconded the motion.
Rollcalk
Ayes: Faust, Johnson, Hovland, Maetzold
Motion carried.
There being no further business on the Council Agenda, Mayor Maetzold adjourned the Council
Meeting at 8:20 P.M.
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