7 19 10 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
7/19/10
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, JULY 19, 2010
PLEDGE OF ALLEGIANCE
INVOCATION
Sr. Jennifer Rausch, Sisters of the Presentation
PROCLAMATIONS
Dubuque County Fair Week (July 27 – August 1, 2010)
Americans with Disabilities 20th Anniversary (July 26, 2010)
RAGBRAI Day (July 31, 2010)
PRESENTATION
Presentation of Federal Transit Administration Region 7 Award for Achievement
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
City Council of 7/6; Civil Service Commission of 6/24; Community Development
Advisory Commission of 6/16; Historic Preservation Commission of 6/17; Human Rights
Commission of 6/7; Long Range Planning Advisory Commission of 6/16; Park and
Recreation Commission of 6/8; Zoning Advisory Commission of 7/7; Zoning Board of
Adjustment of 6/24
Proofs of publication of City Council Proceedings of June 21 and 22, 2010 and List of
Claims and Summary of Revenues for Month Ended May 31, 2010
Library Board of Trustees Update from the Meeting of June 24, 2010
Substance Abuse Services Center Fourth Quarter Report for Fiscal Year 2010
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Troy Rabbett for property damage; Madonna Delaney for vehicle damage; Stephanie
Schadl for personal injury/property damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Madonna
Delaney for vehicle damage; Troy Rabbett for property damage
Suggested Disposition: Receive and File; Concur
3. Fiscal Year 2011 Community Development Block Grant (CDBG) Agreement
City Manager recommending approval of the Fiscal Year 2011 Community
Development Block Grant Agreement with the U.S. Department of Housing and Urban
Development (HUD) in the amount of $1,344,084.
RESOLUTION
Authorizing execution of a Community Development Block Grant
Agreement with the U.S. Department of Housing and Urban Development
Suggested Disposition: Receive and File; Adopt Resolution
4. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Police Officer.
Suggested Disposition: Receive and File; Make a Matter of Record
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5. Radio Dubuque
Communication from Thomas W. Parsley, General Manager – Radio Dubuque, Inc.,
requesting permission to conduct a fireworks display on Sunday, July 3, 2011.
Suggested Disposition: Receive and File; Approve
6. Fiscal Year 2011 Workers’ Compensation Excess Insurance
City Manager recommending approval of the renewal proposal from Safety National for
the City’s workers’ compensation excess insurance.
Suggested Disposition: Receive and File; Approve
7. Environmental Stewardship Advisory Commission
Communication from Wayne Klostermann, Chair – Environmental Stewardship Advisory
Commission, issuing an invitation to the public to attend the Commission’s meetings to
propose new and innovative ways in which the City can move further along the
continuum of sustainability.
Suggested Disposition: Receive and File
8. Beverly to Carlton Street – Sanitary Sewer Spot Repair Project
City Manager recommending acceptance of the Beverly to Carlton Street –Sanitary
Sewer Spot Repair Project as completed by McDermott Excavating Co. in the final
contract amount of $7,643.58.
RESOLUTION
Accepting the Beverly to Carlton Street – Sanitary Sewer Spot Repair
Project and authorizing payment of the contract amount to the contract
Suggested Disposition: Receive and File; Adopt Resolution
9. Detention Basin Maintenance Assessments
City Manager recommending approval of the final assessments for the Fiscal Year 2010
Detention Basin Maintenance Program.
RESOLUTION
Adopting the final assessment schedule for the Fiscal Year 2010
Detention Basin Maintenance Program
Suggested Disposition: Receive and File; Adopt Resolution
10. Heeb Street Retaining Wall Project
City Manager recommending acceptance of the Heeb Street Retaining Wall Project as
completed by Drew Cook & Sons Excavating, Inc. in the final contract amount of
$75,586.40.
RESOLUTION
Accepting the Heeb Street Retaining Wall Project and authorizing
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
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11. Certificate of Completion – Progressive Packaging, LLC
City Manager recommending approval of the issuance of a Certificate of Completion to
Progressive Packaging, LLC in the Dubuque Industrial Center West acknowledging
completion of their obligations to construct Minimum Improvements as stipulated in the
Development Agreement.
Suggested Disposition: Receive and File; Approve
12. Provisionally Accredited Levee (PAL) Progress Report
City Manager transmitting the July 2010 Provisionally Accredited Levee (PAL) Progress
Report to FEMA for certification of the Dubuque levee and floodwall system along the
Mississippi River.
Suggested Disposition: Receive and File; Approve
13. Final Plat – Emerald Acres No. 6
Zoning Advisory Commission recommending approval of the final plat of Emerald Acres
No. 6 as requested by Buesing & Associates.
RESOLUTION
Approving the final plat of Emerald Acres No. 6 in the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
14. Acceptance of Sheriff’s Deed – 2015 Washington Street
City Manager recommending approval of the acceptance of the Sheriff’s Deed for a two-
story dwelling located at 2015 Washington Street.
RESOLUTION
Approving the acceptance of a Sheriff’s Deed for the northerly 46 feet of
Lot 20 in Steiner’s Addition or Subdivision in the City of Dubuque, Iowa, according to the
recorded plat thereof, located at 2015 Washington Street
Suggested Disposition: Receive and File; Adopt Resolution
15. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and storm water collection accounts to the Dubuque County Treasurer.
RESOLUTION
Adopting the Schedule of Assessments for delinquent water, refuse,
sewer and storm water collection accounts and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
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16. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendation for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities in the amount of $17,000 for the
Dubuque Art Center for six new Apple editing systems
Suggested Disposition: Receive and File; Approve
17. Memorandum of Understanding – Iowa Power and Light
City Manager recommending approval of a proposed amendment to the Memorandum
of Understanding with Iowa Power and Light for the conduct of the Smarter Electricity
portion of the Smarter Sustainable Dubuque research partnership with IBM.
Suggested Disposition: Receive and File; Approve
18. Dubuque Yacht Basin
City Manager recommending approval of Leasehold Mortgage and Security Agreement
and Assignments for the Dubuque Yacht Basin, Inc.
Suggested Disposition: Receive and File; Approve
19. Legislative Correspondence
Communication to Senators Tom Harkin and Charles Grassley urging opposition to
Amendment 2 to H.R. 4899, the Public Safety Employer-Employee Cooperation Act.
Suggested Disposition: Receive and File
20. Contract Cleaning Service for Mini-Bus Cleaning
City Manager recommending approval to contract with Dubuque Janitorial to provide
weekly cleaning of ten mini-buses at an annual cost of $6,540.
Suggested Disposition: Receive and File; Approve
21. 2010 Governor’s Volunteer Award
City Manager advising that Michelle Balek, the AmeriCorps VISTA who has been
working for the City of Dubuque since October 2009, on sustainability, community
outreach, volunteer coordination and organization capacity building, will receive the
2010 Governor’s Volunteer Award on July 22, 2010.
Suggested Disposition: Receive and File
22. Signed Contracts
-- Bunker Hill Golf Course Irrigation Consultant Contract
Suggested Disposition: Receive and File
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23. Liquor License Transfers
Request of the Dubuque County Historical Society to transfer the liquor license of the
National Mississippi River Museum and Aquarium to 501 Bell Street for the Taste of
Dubuque on August 7, 2010.
Request of the Rotary Club of Dubuque to transfer their liquor license to the Alliant
Amphitheater for the Rock and Soul event on July 31, 2010.
Suggested Disposition: Receive and File; Approve
24. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Road Ranger #1159
and Kwik Stop Food Mart
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Shannon’s
Bar and Grill, House of China, Walnut Tap and Knicker’s Saloon; a Class “B” Wine
Permit to Road Ranger #1159; and a Class “WBN” (Native Wine) Permit to Kwik Stop
Food Mart and Accessorize Me
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Dubuque County Historical Society Lease for Mississippi Plaza Property
City Manager recommending that a public hearing be set for August 2, 2010 to consider
the Fourth Amendment to the Lease Agreement with the Dubuque County Historical
Society for the National Mississippi River Museum and Aquarium and the new National
River Center.
RESOLUTION
Of intent to dispose of real property by the Fourth Amendment to the
Lease Agreement between the City of Dubuque and the Dubuque County Historical
Society
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/2/10
2. Sewer Revenue Capital Loan Notes
City Manager recommending that a public hearing be set for August 2, 2010 to consider
the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes.
RESOLUTION
Fixing date for a meeting on the authorization of a Loan and
Disbursement Agreement and the issuance of not to exceed $65,000,000 Sewer
Revenue Capital Loan Notes of Dubuque, Iowa, and providing for the publication of
notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/2/10
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BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Housing Commission
Three 3-year terms through August 17, 2013 (Terms of Eddy, Root and Schwendinger)
Applicants:
Barbara Fischer, 617 Lincoln Avenue
Judy Root, 1008 Walnut Street
Dorothy Schwendinger, OSF, 3525 Windsor Avenue
Transit Advisory Board
One 3-year term through July 30, 2011 (Vacant term of Croissant)
One 3-year term through July 30, 2013 (Term of Scharnau)
Applicants:
Ruth Scharnau, 2905 Wilderness Drive
Lu Ann Schmidt, 3395 Jackson Street
Appointments to the following Boards/Commissions:
Building Code Board of Appeals
Two 3-year terms through August 1, 2013 (Terms of Schwendinger and Kolf)
Journeyman/Carpenter and Architect/Engineer requirements
Applicants:
James Kolf, 2342 Matthew John Drive (Architect/Engineer)
John Schwendinger, 800 Kelly Lane (Journeyman/Carpenter)
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. Key City Investment Company – Request to Rezone
Proof of publication on notice of public hearing to consider a request from Key City
Investment Company to rezone property located at 75 Kennedy Road from PUD
Planned Unit Development with a PC Planned Commercial Designation to C-3 General
Commercial District and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 75 John
F. Kennedy Road from PUD Planned Unit Development District with a PC Planned
Commercial Designation to C-3 General Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
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2. Sunset Ridge Reconstruction Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the Sunset Ridge Reconstruction Project and
City Manager recommending approval.
City Manager advising that regardless of the outcome of the public hearing on the
Sunset Ridge Reconstruction Project, there will be letters going out to property owners
to remove obstructions from the public right-of-way.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Sunset Ridge Reconstruction Project
RESOLUTION
With respect to the adoption of the Resolution of Necessity for the
Sunset Ridge Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolutions
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3. Central Avenue Water Main (21 to 32 Street) Project
Proof of publication on notice of public hearing to consider the plans and specifications,
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form of contract and estimated cost for the Central Avenue Water Main (21 to 32
Street) Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
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the Central Avenue Water Main (21 to 32 Streets) Project
RESOLUTION
With respect to the adoption of the Resolution of Necessity for the
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Central Avenue Water Main (21 to 32 Street) Project
Suggested Disposition: Receive and File; Adopt Resolutions
4. Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District
Proof of publication on notice of public hearing to consider an amendment to the Urban
Renewal Plan for the Greater Downtown Urban Renewal District to add the Bluff Street
Subarea and City Manager recommending approval.
Long Rang Planning Advisory Commission recommending approval of the amended
and restated Urban Renewal Plan for the Greater Downtown Urban Renewal District.
RESOLUTION
Approving the amended and restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
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5. Fiscal Year 2011 Budget Amendment
Proof of publication on notice of pubic hearing to consider the first amendment to the
Fiscal Year 2011 budget and City Manager recommending approval.
RESOLUTION
Approving Amendment No. 1 to the Fiscal Year 2011 budget for the City
of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
6. Water Revenue Bonds
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$5,700,000 Water Revenue Bonds for water main replacements and other water system
improvements and City Manager recommending approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $5,700,000 Water Revenue Bonds
Suggested Disposition: Receive and File; Adopt Resolution
7. General Obligation Urban Renewal Bonds
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$3,000,000 in General Obligation Urban Renewal Bonds for downtown improvements
and City Manager recommending approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $3,000,000 General Obligation Urban Renewal Bonds
Suggested Disposition: Receive and File; Adopt Resolution
8. General Obligation Bonds and Refunding General Obligation Bonds
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$4,575,000 General Obligation Bonds for various City projects and refunding Series
2002B General Obligation Bonds and City Manager recommending approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $4,575,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution
9. Catfish Creek Generator Installation Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the Catfish Creek Generator Installation Project
and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Catfish Creek Generator Installation Project
Suggested Disposition: Receive and File; Adopt Resolution
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10. US 52 Traffic Flow Enhancement Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the US 52 Traffic Flow Enhancement Project
and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the US 52 Traffic Flow Enhancement Project
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
This action limits discussion to the City Council.
ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not
allowed except as authorized by the Mayor.
1. Safe Community Task Force
City Manager submitting the second set of recommendations from the Safe Community
Task Force.
Suggested Disposition: Receive and File; Council
2. Dubuque Arboretum and Botanical Gardens
Communication from Jack Frick and Norma Denlinger, Dubuque Arboretum and
Botanical Gardens, regarding their “Securing the Future” fund raising campaign and
naming opportunities and rights for roads in the Arboretum.
Suggested Disposition: Receive and File; Council Direction
3. Dubuque Greenhouse Gas Inventory
City Manager submitting the Greenhouse Gas Inventory and requesting that a work
session be scheduled to explore the establishment of a municipal Climate Action Plan.
Suggested Disposition: Receive and File; Council
4. Downtown Housing Incentive Awards
City Manager recommending approval of three projects to receive certain incentives to
create new housing units within the Greater Downtown Urban Renewal District.
RESOLUTION
Approving certain awards from the Downtown Housing Incentive Pool to
create new market-rate housing units within the Greater Downtown Urban Renewal
District
Suggested Disposition: Receive and File; Adopt Resolution
5. Highway 151/61 Development Agreement – Amendment
City Manager recommending approval of Amendment #4 to the Highway 151/61
Development Agreement and acquisition of Bee Branch right-of-way.
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RESOLUTION
Authorizing Amendment #4 to a Development Agreement with Highway
151/61 Development, Inc. and acquisition of Bee Branch right-of-way
Suggested Disposition: Receive and File; Adopt Resolution
6. Sale of General Obligation Bonds and General Obligation Urban Renewal Bonds
City Manager recommending approval of the advertisement of General Obligation
Bonds, Series 2010A, Taxable General Obligation Urban Renewal Bonds, Series 2010B
and General Obligation Urban Renewal Bonds, Series 2010C.
RESOLUTION
Directing the advertisement for sale of $4,470,000 General Obligation
Bonds, Series 2010A, $2,675,000 Taxable General Obligation Urban Renewal Bonds
Series 2010B and, $2,825,000 General Obligation Urban Renewal Bonds, Series
2010C.
Suggested Disposition: Receive and File; Adopt Resolution
7. Rebranding Committee for Keyline Transit
City Manager requesting that at least one City Council member volunteer to participate
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on the Rebranding Committee for Keyline and attend a public meeting on July 29 at
2:30 p.m. at the Prescott Neighborhood Resource Center.
Suggested Disposition: Receive and File; Council
8. 2009 International Fuel Gas Code
City Manager recommending adoption of the 2009 International Fuel Gas Code.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 14 Building
Development, Chapter 1 Building Codes, Article G Fuel Gas Code, Section 14-1G-1
Fuel Gas Code Adopted by repealing such section and enacting a new section in lieu
thereof and Section 406.4.1 Test Pressure and 406.4.2 Test Duration by repealing such
sections and enacting new sections in lieu thereof
Suggested Disposition: Receive and File; Motion B; Motion A
9. 2009 International Energy Conservation Code
City Manager recommending adoption of the 2009 International Energy Conservation
Code.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 14 Building
Development, Chapter 1 Building Codes, Article C Energy Conservation Code, Section
14-1C-1 International Energy Conservation Code Adopted by repealing such section
and enacting a new section in lieu thereof and Section 14-1C-2 International Energy
Conservation Code Amendments providing for the adoption of the International Energy
Conservation Code (2009) and making amendments thereto
Suggested Disposition: Receive and File; Motion B; Motion A
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10. 2009 International Building Code
City Manager recommending adoption of the 2009 International Building Code.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 14 Building and
Development, Chapter 1 Building Codes, Article A Building Code and Regulations,
Section 14-1A-1 International Building Code Adopted and Section 14-1A-2 International
Building Code Amendments by repealing such sections and enacting new Sections 14-
1A-1 and 14-1A-2 in lieu thereof adopting the 2009 International Building Code and
providing for the issuance of permits and collection of fees therefore
Suggested Disposition: Receive and File; Motion B; Motion A
11. 2009 International Residential Code
City Manager recommending adoption of the 2009 International Residential Code.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 14 Building and
Development, Chapter 1 Building Codes, Article B International Residential Code,
Section 14-1B-1 International Residential Code Adopted and Section 14-1B-2
International Residential Code Amendments by repealing such sections and enacting
new Sections 14-1B-1 and 14-1B-2 adopting the 2009 International Residential Code
and providing for the issuance of permits and collection of fees therefore
Suggested Disposition: Receive and File; Motion B; Motion A
12. 2009 International Plumbing Code
City Manager recommending adoption of the 2009 International Plumbing Code.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 14 Building
Development, Chapter 1 Building Codes, Article H International Plumbing Code, Section
14-1H-1 International Plumbing Code Adopted by repealing such section and enacting a
new section in lieu thereof and Sections 14-1H-2, 14-1H-3, 14-1H-4, 14-1H-5, and 14-
1H-6 International Plumbing Code Amendments providing for the adoption of the
International Plumbing Code (2009) and making amendments thereto
Suggested Disposition: Receive and File; Motion B; Motion A
13. 2009 International Mechanical Code
City Manager recommending adoption of the 2009 International Mechanical Code.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 14 Building
Development, Chapter 1 Building Codes, Article F International Mechanical Code,
Section 14-1F-1 International Mechanical Code Adopted by repealing such section and
enacting a new section in lieu thereof and Sections 14-1F-2 and 14-1F-3 International
Mechanical Code Amendments providing for the adoption of the International
Mechanical Code (2009) and making amendments thereto
Suggested Disposition: Receive and File; Motion B; Motion A
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
Jeanne F. Schneider
July 15, 2010
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