HomeMy WebLinkAbout2011-07-05 CC MIN .ter
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CITY COUNCIL MEETING
July 5, 2011
REGULAR MEETING 4:30 P.M.
Mayor Harycki called the meeting to order at 4:30 p.m.
Present: Councilmembers Cook, Menikheim, Roush, Polehna, and Mayor Harycki
Absent: None
Staff present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
OTHER BUSINESS
St. Croix Bridge Coalition
Mr. Michael Wilhelmi, Executive Director of the Coalition for the St. Croix River
Crossing, provided a presentation to the Council containing information on why it is so
hard to build a bridge; recent history of the proposed crossing, history and membership of
the St. Croix River Crossing Stakeholder Group that has met weekly for three years. This
group, comprised of 27 federal, state and local groups, had three goals which were: the
need to build reliable, efficient transportation infrastructure for the region; the need to
preserve historic resources; and the need to protect the Wild and Scenic River. He
reviewed the Stakeholder Agreement Transportation Elements, Environmental Elements
and Historic Preservation Elements He provided the estimated cost of the project. The
Minnesota split is higher than Wisconsin because of the improvements to Highway 36;
however, he pointed out that the actual cost of the project may be lower. He continued
by saying that the Bridge Crossing has the support of Governors Dayton and Walker,
Congresswoman Bachmann, Congressmen Kind, Kravaak, and Duffy, Senators
Klobuchar, Kohl, Franken and Johnson, and every state legislator who represents us on
both sides of the river.
Mr. Wilhelmi provided the Council with an update which included that MN and WI have
funding in place; that the project is ready to begin in July, 2013; and that all necessary
approvals have been given except one. He stated that the recent opinion from the
National Park Service is that no new structure can be built in the river way without a
Congressional exemption from the Wild and Scenic Rivers Act, therefore there are bills
City Council Meeting July 5, 2011
introduced in US House and US Senate with Bachmann and Klobuchar as chief authors;
subcommittee hearings in the US House; project deadlines coming up starting this fall;
and Congressional approval needed this session.
Mr. Wilhelmi said that in order for the bridge to be built this time, citizens must make
their voices heard that the valley wants the new bridge, and that supporters must be
organized, speak with one voice and make project decisions as public as possible. He
stated that the Coalition for the St. Croix River Crossing was formed for this purpose and
includes a bi -state alliance of local government, business, community and labor, whose
purpose is to educate citizens and advocate for the Bridge in Wisconsin & Minnesota,
Washington, DC, the media, and provide grassroots citizen outreach.
Mr. Wilhelmi continued that in the past the City of Stillwater hired a lobbyist on its own
for direct advocacy with federal and state elected officials, but that this time there is also
a regional coalition in support of the project. He noted that the Coalition's activity to
date was advocacy meetings and lobbying federal and state elected officials in
Washington D.C., St. Paul, Madison, and Stillwater, media relations providing reports,
and editorial boards with accurate supporting project information and starting a
grassroots campaign. He informed the Council that the Coalition's message point is that
the Lift Bridge is obsolete, fracture - critical and unsafe, the crossing is the right project
and in the right location, that the community bridge plan was created and through an open
process and other options were reviewed and disqualified, that people who support the
bridge care about the river and the Coalition is requesting only a narrow exemption so the
bridge can be built. He provided information on the proposed route and other routes that
were reviewed /considered and provided pictures how the river would look with the
proposed bridge.
Mr. Wilhelmi reviewed the economic impact of the building of the bridge for the area
which would provide 3,000 direct and indirect jobs and at its peak of construction 6,200
jobs that would be created. He also noted that the project has a positive cost - benefit ratio
of 1.53 and which Department of Transportation would not approve a project if it did not
have a positive cost - benefit ratio. He explained that the Coalition is looking for
supporters to sign on, be vocal and help with fundraising, wants to provide community
education through meetings through the Valley and online and lobbying for congressional
action and funding in Minnesota & Wisconsin. He continued by stating that in order to
accomplish this, the Coalition is requesting funding from various sources to continue
with the mission. He requested financial support from the City of Stillwater in the
amount of $80,000.
Mayor Harycki asked City Attorney Magnuson if money from TIF District No. 1 could
be used to provide financial support to the Coalition. City Attorney Magnuson responded
that TIF District No. 1, Development District No. 1, was established to gather increment
for use in the Downtown Historic area of the City, and that the Interstate Bridge rests on
land in the Historic Downtown that is also in this District. He continued by saying that
one of the stated purposes in the Plan for the District is to provide for financing and
construction of public improvements in and adjacent to the Development District,
necessary for the orderly and beneficial development of the District and adjacent areas of
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City Council Meeting July 5, 2011
the City. He noted that it allows for the payment of amounts paid to contractors or others
providing services directly connected to the physical development of real property within
the project. The construction of a new crossing for Stillwater and the conversion of the
interstate bridge to a pedestrian walkway, qualify as a development of real property
within the project as envisioned by the Plan. He added that it is his opinion that the
payment of contractors providing consulting services in support of state and federal
legislation in support of the new bridge construction could be lawfully made from
available increment generated by TIF District No. 1.
Mayor Harycki reiterated that previously the City hired a lobbyist for the bridge, paid out
of the general fund from property taxes, and that using this money will not put a burden
on the taxpayers.
Councilmember Cook commented she thought that TIF money had to be used within the
TIF District. City Attorney Magnuson responded that the bridge is being relocated, the
existing bridge refurbished to a pedestrian walkway, and the relocation to outside of the
City would be considered benefits to the downtown.
Councilmember Cook expressed that she thought there was mitigation money to provide
for the upkeep of the lift bridge in the event of building the new bridge. Mr. Wilhelmi
responded that the account has been established in State government which will be used
to maintain the old bridge after the new bridge is built.
Mayor Harycki offered that his recollection of the agreement was for the duration of the
bridge, or at such time that SHPO determines it can no longer be maintained or restored,
then the account would be closed and any funds returned to SHPO. Mr. Wilhelmi stated
the Mayor is correct that the core of the fund won't be touched, but the interest is what
would be used for maintenance and repairs, and it is anticipated that those funds would
last a long time, probably decades.
Councilmember Cook inquired if there is money allocated, how TIF money can be
justified to support the Coalition. Mayor Harycki responded that these are two different
concepts; the State account is for the maintenance and operation of the lift bridge after
the new bridge is built.
Councilmember Cook clarified that what she is hearing is that because the Downtown
area receive the benefit, it justifies the use of the TIF money.
Councilmember Cook asked Mr. Wilhelmi when the cost benefit was completed. He
responded that his best guess would be during the Stakeholder process in 2006. She also
questioned if he agreed that the construction jobs were temporary jobs; it is not like the
hiring of local businesses to do this project. Mr. Wilhelmi stated that construction
workers will come from the Metro area; however they would spend money here for
lunches, dinner, meeting rooms, etc., and that some construction workers live in the St.
Croix Valley. He added that all construction jobs are temporary, but this is a very large
proj ect.
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City Council Meeting July 5, 2011
Councilmember Cook recalled Senator Franken saying that this wasn't necessarily the
right bridge for this project. Mr. Wilhelmi stated that he could not speak for the Senator
other than he supports the project. She expressed that Congresswoman Betty McCollum
is not in support of this project and Mr. Wilhelmi agreed. Ms. Cook stated that she
wanted to get the facts right and is concerned about openness of the process. She added
that she hopes as the Coalition moves forward, that people will receive a full discussion
of this issue, and proposed to the rest of the Council, to listen to a rebuttal of this
position, so that people have the other side of the debate. She expressed that people have
been coming to her because they felt their voices are not being heard, and that people are
looking at the government shutdown and spending during these tough times, and she
speaks for many of those people who have come forward. She stated that it is an Oak
Park Heights bridge not Stillwater's bridge, but Council has not addressed the Stillwater
traffic problems such as the congestion, changing of the bridge schedule, etc., and that
these problems are not a regional traffic issue and it is important to get the information
out.
Councilmember Menikheim agreed with Councilmember Cook that people should get
their word in, however he has not heard from anyone. He indicated that the feedback he
has received is that this is the right thing to do. He said the overwhelming input is to get
on with it.
Councilmember Roush asked Councilmember Cook if it was environmental, cost, or
location that she did not support, and did she think the old bridge should be replaced.
She responded that she is against all of it, the cost is outrageous and it is a dangerous
precedent for all rivers in the United States. She expressed that her opinion is that the
bridge should be closed and turned into a walkway, send people to the 94 Corridor to
consolidate traffic and not having urban sprawl, and that there are limited finances and
environment that needs protection. She added that it should be controlled and managed,
and make it so that the corridor is used. She offered that others may want a smaller
bridge, and felt that constituents will hear traffic on that bridge while sitting downtown
because I -94 traffic can be heard from the river.
Councilmember Polehna asked what the Coalition is going to do and Mr. Wilhelmi
responded that the Coalition spends a great amount of time on government relations at the
state and federal level to get bills passed. He added that it is very labor intensive with
media relations and preparing testimony, and that they will do whatever it takes to get the
bridge done.
Councilmember Roush asked if the Coalition is going to hire lobbyists, what is the drop
dead date, and if the funding for one year.
Mr. Wilhelmi responded that there are three lobbyists that are doing double duty at the
state and federal level. He stated that the first deadline set by Governor Dayton for
federal monies that are tied with state funding is September.
Mayor Harycki indicated that the big project now is supporting Washington. Senators
and Representatives request information, so it is turned over to the consultants of the
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City Council Meeting July 5, 2011
Coalition. He pointed out that if it doesn't get done now, it is basically over. He also
noted that there has been only one representative against this project who doesn't
represent the district, and is the only person that has not been in town doing their own
fact finding on this issue. He added that there are issues locally that need to be finished
with Oak Park Heights, and that those issues could be resolved.
Cory Buettner, 722 Everett Street South, and a member of the Coalition since its
inception, stated that he investigated Hudson for businesses and traffic from the I -94
bridge cannot be heard from downtown Hudson. He added that bridge is closer than the
new St. Croix River Bridge will be to downtown Stillwater. He expressed that the
request benefits Downtown immensely, and the potential for the Zephyr trail would put
together a great loop between the old and new bridge, that would make Stillwater a hub
and great commerce. He stated that residents avoid Downtown because of the congestion
and felt that the new bridge would make Downtown even better, and asked for the tools
that the Coalition could get the new bridge built.
Councilmember Polehna inquired about traffic on the 4 of July. Mr. Buettner responded
that this traffic happens all the time. He indicated that that new bridge, with the exit
ramp, will bring the people who want to come Downtown and not the commuters. He
felt that this project has been through the process and review, and this is the best possible
option because it would be down by the power plant and waste treatment plan.
Councilmember Menikheim asked Mr. Buettner what the IBA is doing for fundraising for
the Coalition, and he responded that the IBA is interested in the new bridge. He indicated
that Leo's has created the Bridge Burger and other businesses will be coming up with
bridge fundraisers for supporting the Coalition.
Councilmember Cook asked Mr. Buettner that when the bridge has been closed in the
past and traffic is down, is business better. Mr. Buettner confirmed that is what he has
heard from members of IBA, and added that the IBA is firmly in support of the bridge
because they can see the potential for Downtown if the new bridge is built.
Councilmember Cook reiterated that all would agree, congestion downtown is a problem
and that it is not a problem that will go away for 1 -3 years even if the bridge gets built.
She expressed that traffic options should be investigated. Mr. Buettner agreed, however
the traffic ideas are great for the short term, but in the long term a new bridge is needed.
Councilmember Roush noted that even though he dislikes spending money, the City is a
major stakeholder, and it was something the City has to do. He added that the City would
reap the benefits from the new bridge and using this money would not impact the City
taxpayer.
Councilmember Polehna stated that if we don't push this bridge forward now, the City
will never get a bridge.
Motion by Councilmember Roush, seconded by Councilmember Menikheim, approving $80,000
TIF funding to the Coalition for the St. Croix River Crossing.
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City Council Meeting July 5, 2011
Ayes: Councilmembers Polehna, Roush, Menikheim and Mayor Harycki
Nays: Councilmember Cook
STAFF REPORTS
Police Chief Gannaway reported on the 4th of July fireworks, and that 18 personnel were
on duty for the 4 other calls took officers away, but doesn't know why there was such
gridlock this year as compared to last year with more people.
Councilmember Cook inquired if outside agencies help with the event, Chief responded
only for Lumberjack Days and not the fireworks.
Councilmember Polehna asked about the National Guard being involved and Chief
Gannaway responded that it is a different dynamic between the two events and
Lumberjack Days is also a training event for the Guard. He noted that if he had to choose
the event for their help it would be Lumberjack Days. Council requested that the Chief to
look into Police Reserves from other cities for traffic control.
Fire Chief Glaser provided an update on fire activity for this year which is equal to this
point in 2010; the new truck is in service and that he and the Police Chief have a meeting
tomorrow regarding Lumberjack Days.
City Clerk — Councilmember Polehna informed that Council that the Human Rights
Commission recommends that Ann Rock receive the Human Rights Commission Award
for 2011.
Motion by Councilmember Polehna, seconded by Councilmember Roush, approving the issuance
of the Human Rights Award to Ann Rock to be presented at the meeting of the City Council at
the end of July at 7:00 p.m. All in favor.
Community Development Director Turnblad provided the Council an update on the
Pedestrian Walkway schedule. He also informed Council of a State budget concern that
Metro Transit needs to cut $110,000,000 of operating budget, and that may mean the
cutting of the MTC route to Stillwater. He continued that there will be various public
hearings with the closest one at Maplewood Library. He suggested that a written
response be sent, and that Washington County will be doing their own response.
Public Works Director Sanders provided a Frank A barge update that it was in good
shape and probably worth $15,000- $25,000, but he is meeting with other barge
companies to get their input.
City Administrator Hansen reported that Nationwide Retirement Solutions would like to
propose more options for employees; no City dollars are involved, and therefore an
agreement needs to be signed to allow those options.
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City Council Meeting July 5, 2011
Motion by Councilmember Polehna, seconded by Councilmember Cook, to approve the
agreement with Nationwide Retirement Solutions and authorizing the City Administrator to sign
the agreement. All in favor.
Mayor Harycki recessed the meeting at 6:00 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Harycki called the meeting to order at 7:00 p.m.
Present: Councilmembers Cook, Menikheim, Roush, Polehna, and Mayor Harycki
Absent: None
Staff present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible a. 'royal of June 21 2011 re. lar meetin . minutes
Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve the minutes
as submitted. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Proclamation: Stillwater High School Track Team Day
Mayor Harycki read a proclamation proclaiming July 5, 2011 as Stillwater Boys Track &
Field Team Day.
Scott Christianson, Team Coach, thanked the City Council for the recognition and
introduced the members that were present.
Councilmember Polehna thanked Scott and David Brandt, not only for their coaching of
the track team, but their service to the community by serving on the Parks Board.
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City Council Meeting July 5, 2011
Service Award: Beyond the Yellow Ribbon efforts of Ron Christofferson
Councilmember Polehna presented the Council Service Award to Ron Christofferson for
his efforts raising funds to cover expenses for two full buses of family members to travel
to Fort McCoy on July 10, 2011, to say goodbye to family members being deployed to
Iraq.
Mr. Christofferson thanked the Council for this recognition and noted that as a veteran of
Vietnam, supporting our troops needs to be done and he will continue to support our
soldiers.
OPEN FORUM
Cory Buettner, Summer Tuesdays, requested the use of 20 -30 feet of Lot 5 for Summer
Tuesdays. He mentioned that the space would be used for a Farmer's Market and would
allow for the refrigerated trucks to have space.
It was suggested that Mr. Buettner work with staff on the amount of space needed in Lot
5.
Mr. Buettner also thanked the Public Works Department for getting the crosswalk signs
on Chestnut and Water Streets so quickly.
Motion by Mayor Harycki, seconded by Councilmember Menikheim, to approve the use of space
in Lot 5 for Summer Tuesdays as determined by staff. All in favor.
Councilmember Polehna reported that the button for the pedestrians on the east side by
Art N Soul was missing. Public Works Director Sanders responded that he would check
on it.
Suzanne Block asked that Council look at other options for the St. Croix River Crossing
and read an editorial from Jason Madox on a proposed option where the State of
Wisconsin could build two highways to funnel traffic through Hudson to use the 94
corridor.
CONSENT AGENDA
1. Resolution 2011 -101, directing payment of bills
2. Possible approval of application for permit to sell liquor — Ball Tournament —
Brent Sharon
Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt the Consent
Agenda.
Ayes: Councilmembers Polehna, Roush, Cook, Menikheim and Mayor Harycki.
Nays: None
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City Council Meeting July 5, 2011
PUBLIC HEARINGS
Case No. 2011 -14. This is the date and time for a public hearing to consider a request from Leon
and Sharon Thurmes to vacate a small portion of Broadway Street North adjacent to 101 Ridge
Lane in the RA, Single Family Residential District. Notices were mailed to affected property
owners and published in the Stillwater Gazette on June 3, 2011.
Community Development Director Turnblad reviewed the request by stating that Leon &
Sharon Thurmes, property owners of 101 Ridge Lane Drive, have completed a survey of
their property and home, which shows an undeveloped triangular portion of North
Broadway St in the southwest corner of their lot, and they are requesting that the City
vacate. He indicated that the area of the requested street vacation is 535 square feet and
the applicant would like to have this vacated in order to create a more uniform property
line. He stated that currently there are a set of stairs, retaining wall, and other landscaping
features installed and maintained by the Thurmes. He informed the Council that the
survey showed a public storm sewer main on their property, and outside of any easement,
however the Thurmes are proposing to convey a storm sewer easement to the City that
will cover the exiting storm sewer main.
Mr. Turnblad continued that the right -of -way that is requested to be vacated currently has
no public purpose or use; as conditioned would not be injurious to the neighboring
properties, or otherwise detrimental to the general public if the property were vacated. He
noted that it appears that there is a public benefit in vacating the right -of -way and is not
at the sole benefit of the adjacent property owner.
Mayor Harycki opened the public hearing.
Dan Thurmes, son of the applicant, introduced himself and stated he was available for
any questions.
Mayor Harycki closed the public hearing.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt
Resolution 2011 -103, a resolution vacating part of North Broadway Street, Case No. 2011 -14.
Ayes: Councilmembers Polehna, Roush, Cook, Menikheim and Mayor Harycki.
Nays: None
UNFINISHED BUSINESS
Possible approval of second reading of Ordinance 1036, an ordinance amending Section 43 -71 of
the Stillwater Cit Code b authorizin the issuance of Micro - distiller and Brewer Ta . room
Licenses
City Clerk Ward reviewed the proposed ordinance, indicating clarification from City
Attorney Magnuson, that Sunday Liquor License requirements could only be allowed if
the sale of food was induced in conjunction with the sale of the brewery product,
therefore there are no changes to the ordinance from the first reading. Ms. Ward
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City Council Meeting July 5, 2011
continued by stating that because this is a new liquor license, the City Council would
need to establish a license fee. She recommended that the fee be set at $500.
Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Ordinance
1036, amending Section 43 -71 of the Stillwater City Code by authorizing the issuance of Micro -
distillery and Brewer Taproom Licenses.
Ayes: Councilmembers Polehna, Roush, Cook, Menikheim and Mayor Harycki.
Nays: None
Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution
2011 -102, resolution setting fee to Tap Room License (Brewers Only).
Ayes: Councilmembers Polehna, Roush, Cook, Menikheim and Mayor Harycki.
Nays: None
City Hall HVAC update with ESI Engineering, Inc.
City Administrator Hansen informed Council that he contacted the Washington County
facilities manager and he felt the City is moving in the right direction by using a sound
engineer to determine the problem with the City's HVAC system. He stated as a result,
he has entered into a contract with ESI Engineering to determine a course of action. He
continued by stating that staff and the engineer had taken sound level readings at the
addresses of the affected properties between 10:30 p.m. and midnight. He reported that
the City doesn't violate any state or local noise laws, and that it is more of a tone issue
than a noise issue, which may be harder to fix. He added that results would be available
in a report hopefully at the July 19, 2011 Council meeting. He indicated that as soon as
he received the report, he would forward it directly to Council.
Councilmember Roush inquired if TIF money could be used and City Attorney
Magnuson responded that TIF funds cannot be used to build or maintain a city hall.
Councilmember Cook expressed that she had been at the neighbors to observe the sound
level and wondered if the wind direction etc. had anything to do with the tone issue.
City Administrator Hansen hoped the report would answer Council's questions.
NEW BUSINESS
Possible approval of addition ofpatio to liquor license premises — Patriots Tavern
City Clerk Ward reviewed the request for the addition of a patio to the liquor license of
Patriot's Tavern.
Mayor Harycki mentioned that he spoke to the Liberty Homeowners Association and
there was concern about the roof vent. He asked if it was possible to put a condition on
the request and City Attorney Magnuson responded that it would be possible.
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City Council Meeting July 5, 2011
Community Development Director Turnblad informed the Council that Patriot's Tavern
had addressed issues brought up by the Association since they were granted SUP. He
assured Council that staff will make sure the conditions of the SUP, which includes the
screening of the coolers, are met.
Councilmember Polehna expressed concern about adding conditions after Patriot's
Tavern the SUP had been approved.
Motion by Councilmember Polehna, seconded by Councilmember Cook, to approve the addition
of the patio to Patriot's Tavern liquor license area, and directing staff to ensure that SUP
conditions are met, which includes the proper screening of the coolers. All in favor.
Change of Council meeting date from August 2, 2011 to July 26, 2011
City Clerk Ward informed the Council that in the past Councilmembers have attended
various Night to Unite neighborhood functions, and as a result the August 2nd Council
Meeting has been changed to the last Tuesday of July.
Councilmember Polehna reported that the presentation of the Human Rights Award
would take place at this same meeting, therefore it would be the Human Rights
Commission meeting for the month of July as well.
Mayor Harycki expressed that he was unable to attend the July 26 meeting and suggested
July 27. Councilmember Cook stated that she was unsure if she could make the July 27
date.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to move the August 2,
2011 meeting to Wednesday, July 27, 2011. All in favor.
ADJOURNMENT
Motion by Councilmember Polehna, seconded by Councilmember Roush, to adjourn at 7:58 p.m.
Ken y 0�ki, Mayor
ATTEST:
Aia:dte
Diane F. Ward, City Clerk
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City Council Meeting July 5, 2011
Resolution 2011 -101, directing payment of bills
Resolution 2011 -102, resolution setting fee to Tap Room License (Brewers Only).
Resolution 2011 -103, a resolution vacating part of North Broadway Street, Case No.
2011 -14
Ordinance 1036, an ordinance amending Section 43 -71 of the Stillwater City Code by
authorizing the issuance of Micro - distillery and Brewer Taproom Licenses
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