HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 02/17/2004 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
February 17, 2004
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming February 23, 2004 as "Different Shoe Day".
B. Proclamation Proclaiming the Week of February 22-28,2004 as"National Engineers Week".
Regular Meeting
6:00 p.m.
PRESENTATION OF COLORS BY GIRL SCOUTS
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
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6. CONSENT CALENDAR
The Consent Calendar consists of Item Numbers 7 through 33.5. This Calendar is
intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item #40, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Consideration and approval of the Council Meeting minutes of an adjourned meeting of
November 25, 2003, and regular meeting minutes of December 2 and December 16, 2003
8. Second Reading of Ordinance No. 017, 2004, Appropriating Unanticipated Revenue in the
General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police
Services Dispatch Center.
The Latimer Emergency Telephone Authority(LETA)collects a monthly fee from all county
telephone users to purchase equipment, train users and maintain equipment used to process
E911 phone calls and dispatch appropriate Emergency Services Providers. This Ordinance
was unanimously adopted on First Reading on February 3, 2004.
9. Second Reading of Ordinance No. 018, 2004, Appropriating Unanticipated Revenue in the
Transportation Services Fund and Authorizing the Transfer of Appropriations For the
Purpose of Constructing Bicycle Lane and Streetscape Improvements along West Elizabeth
Street Between City Park Avenue and Shields Street.
This Ordinance, which was unanimously adopted on First Reading on February 3, 2004,
appropriates unanticipated revenue of $219,000. Project improvements include the
construction of safer bike lanes, pedestrian crossings, and streetscape improvements along
West Elizabeth Street between City Park Avenue and Shields Street.
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10. Second Reading of Ordinance No. 019, 2004, Appropriating Prior Year Reserves.
City Council authorized expenditures in 2003 for various purposes. The authorized
expenditures were not spent or could not be encumbered in 2003 because:
• There was not sufficient time to complete bidding in 2003 and therefore,
there was no known vendor or binding contract as required to expend or
encumber the monies.
• The project for which the dollars were originally appropriated by Council
could not be completed during 2003 and reappropriation of those dollars is
necessary for completion of the project in 2004.
• To carry on programs, services, and facility improvements in 2004 with
unspent dollars previously appropriated in 2003.
The above circumstances, the unexpended and/or unencumbered monies lapsed into
individual fund balances at the end of 2003. Ordinance No. 019, 2004, was unanimously
adopted on First Reading on February 3, 2004.
11. Second Reading of Ordinance No. 020, 2004, Adopting Updated Rules and Regulations
Governing Grandview and Roselawn Cemeteries and Amending Section 23-156 of the City
Code Pertaining to Cemetery Rules and Regulations.
This Ordinance, which was unanimously adopted on First Reading on February 3, 2004,
amends Section 23-156, requiring that cemetery rules and regulations be adopted by
ordinance rather than by resolution. It also authorizes a number of changes and updates to
the Cemetery Rules and Regulations. The primary change is the offering of Saturday burials,
including in-ground burials, entombments and inumments, and establishing guidelines for
the scheduling of Saturday burials.
12. Second Reading of Ordinance No. 021, 2004, Authorizing the Mayor and the City Clerk to
Apply and Contract for Beneficial Use of Water on Behalf of the City of Fort Collins, and
Prescribing the Terms for Application for an Allocation of the Right to Use Colorado-Big
Thompson Project Water to the City by Northern Colorado Water Conservancy District.
This Ordinance, which was unanimously adopted on First Reading on February 3, 2004,
authorizes the City to apply for and obtain the perpetual right to use 150 acre-foot units of
Colorado-Big Thompson Project water held by the City. These units are currently held under
temporary use permits with the Northern Colorado Water Conservancy District.
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13. Second Reading of Ordinance No.022,2004,Authorizing the Lease of City-Owned Property
at 212 West Mountain Avenue for Up to Five Years.
The City and the County purchased the property at 212 West Mountain Avenue in 1985 as
part of the Block 31 purchases. In the Intergovernmental Agreement dividing Block 31,this
property was quit claimed to the City. The County occupied this building until the new
County Courthouse was completed in the summer of 2003. This building has a total of 7,704
square feet,of which 6,225 is currently usable. This space has been considered for other City
users, but a need has not been identified. Staff has shown the space to a private entity and
negotiations are continuing. Staff recommends leasing this property until this area of Block
31 is needed for future improvements. Ordinance No.022,2004,was unanimously adopted
on First Reading on February 3, 2004.
14. Second Reading of Ordinance No. 023, 2004, Vacating Portions of the Rights-of-Way as
Dedicated on the Plat of Fossil Creek Meadows, First Filing.
This site is located east of College Avenue,just north and south of Fossil Creek Parkway.
It was a County development proposal that dedicated the streets as shown and laid out on the
Fossil Creek Meadows, First Filing plat. Fossil Creek Parkway was built,but the Frontage
Road was not. The dedicated right-of-way was annexed into the City when the parcel was
annexed in 1985. Since that time a development proposal,Discount Tire at Fossil Creek,for
which an Administrative Hearing was held on October 7, 2003, was submitted and shows
that Fossil Creek Parkway was constructed slightly different than was originally platted. The
plat approved at the Administrative Hearing proposes vacating portions of right-of-way along
Fossil Creek Parkway that are no longer needed and dedicating portions which are needed
due to the location in which it was constructed. The plat for Discount Tire at Fossil Creek
also proposes the vacation of a portion of the right-of-way dedicated for a frontage road for
College Avenue. The frontage road is no longer needed,but a portion of right-of-way needed
for the expansion of College Avenue will be retained by the City, with the remainder
proposed for vacation. Ordinance No.023,2004,was unanimously adopted on First Reading
on February 3, 2004.
15. Second Reading of Ordinance No. 024, 2004, Appropriating Prior Year Reserves in the
Equipment Fund to Be Used to Purchase Property Located at 518 North Loomis Avenue and
to Make Certain Site Improvements to the Property Thereon.
This Ordinance, which was unanimously adopted on First Reading on February 3, 2004,
appropriates Fleet Services Reserve funds in the amount of $597,000 to purchase the
property and $85,000 to provide site improvement - such as landscaping, site cleanup, and
fence removal.
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16. First Reading of Ordinance No. 026, 2004, Appropriating Unanticipated Revenue in the
Capital Projects Fund - Timberline Road Improvements Project to be used for the
Engineering Design of Timberline Road from Prospect Road to Drake Road.
Traffic congestion at the Timberline/Prospect intersection is well below the City's Level of
Service requirements, with almost all legs and turn movements failing during the morning
and evening peak rush hours. In accordance with the Adequate Public Facilities Ordinance,
any new development which impacts this intersection cannot proceed until these existing
deficiencies are corrected.
In the absence of any capital improvement funding for this intersection,two developers are
electing to privately fund these improvements in order to proceed with their development
projects. These two developers,owners of the bulk of the impacted property,are proposing
the initiation of a special improvement district(SID)which will assess a portion of the costs
of the improvements to the other owners of undeveloped property in the area that will benefit
by the improvements.
The two initiating developers have contributed$100,000 so the City can prepare the plans,
an estimate of costs, and maps of the district needed to complete the engineering design
without cost to the City. This Ordinance will appropriate these funds into a capital project
account for the selection of a consulting engineering firm to provide the design plans and
documents needed for the creation of the SID and the construction of the project.
17. First Reading of Ordinance No. 027, 2004, Appropriating Prior Year Reserves Designated
for Community Park Improvements in the Capital Improvement Expansion Fund for
Transfer to the Capital Projects Fund - Southwest Community Park Capital Project to Be
Used for Park Design Costs.
In1996,Council adopted the Parks and Recreation Policy Plan which gives direction for the
development of community parks. Community parks serve as the focal point for community-
wide activities. These parks are intended to serve a variety of recreational needs for the
entire community. The community park standard is one park per 20,000 population. The
development of the Southwest Community Park will be the City's sixth community park.
The city's population in 2007, when the Park is scheduled to open, is estimated to be about
140,000. The development of Southwest Community Park is necessary to serve the growing
community and to meet parkland standards.
18. First Reading of Ordinance No. 028, 2004, Appropriating Unanticipated Revenue in the
Capital Projects Fund - Community Horticulture Center Capital Project to be used as
Reimbursement for Project Expenditures Incurred.
The City designed and constructed storm water improvements, in connection with the
development of the Horticulture Center project,which were oversized to accommodate both
the historic and developed stormwater flows from Colorado State University Research
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Foundation(CSURF) property onto and across the City property. A cost sharing agreement
was entered into by CSURF and the City whereby the City would finance and construct all
of said drainage improvements. CSURF agreed to reimburse the City for oversizing the
drainage channel to accept its developed flows once Phase 1 of the construction project was
completed.
19. First Reading of Ordinance No. 029, 2004, Amending_Chanter 20, Article III of the City
Code Concerning the Prohibition of Indoor Furniture in Certain Outdoor Locations
This Ordinance revises Sections 20-41 and 20-42.5 of the City Code. The proposed changes
would modify the existing ban on using or keeping indoor furniture in certain outdoor
locations, so as to make it a violation to keep such furniture in any yard or on any porch
where the furniture is visible to the public or visible from the ground level of adjacent
property.
20. First Reading of Ordinance No. 030, 2004, Amending Chapter 20, Article VII of the City
Code Concerning the Parking of Motor Vehicles in Yards.
The proposed amendments to Article VII of Chapter 20 of the City Code would: redefine
"yards"; expand the prohibition against parking on lawns to all yards of all residential
properties;make allowances for unimproved driveways that access a garage;clarify the term
"permanent border"; limit to front yards only the "40 percent rule" for improving parking
areas; allow for the issuance of citations to the owners of illegally parked cars,as well as to
the owners of the properties on which the cars are parked; and allow Code enforcement
officers the right of entry onto private property to issue citations.
21. First Reading of Ordinance No. 031, 2004, Amending Sections 227(3) and (4) of the Fort
Collins Traffic Code Relating to Tinted Windshields.
Currently, the Fort Collins Traffic Code (FCTC) allows only a certain level of window
tinting for all vehicles,including law enforcement vehicles. Staff is requesting that Council
amend the FCTC to allow law enforcement vehicles to be exempt from the window tinting
restrictions.
Window tinting is used for several reasons on motor vehicles used and operated by law
enforcement members of the Fort Collins Police Department. The tinting allows for the
safety and comfort of the camera radar operator, who must sit for hours inside the vehicle,
sometimes in the direct sunlight, while monitoring the equipment. It also prevents
harassment from individuals who find the operation of the equipment offensive. The
Larimer County drug task force and its members use window tinting to conceal their identity
and to assist during mobile surveillance activities. The Fort Collins Police Traffic Unit uses
window tinting also in its unmarked patrol cars, to conceal the identity of the officer,which
promotes the successful apprehension of aggressive drivers and further enhances the
effectiveness of traffic enforcement within the City. Further,window tinting also allows for
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security of weapons and other sensitive law enforcement equipment by reducing the ability
of potential thieves to see inside the police cars.
22. Items Relatine to Amending the Model Traffic Code and City Code Regarding Muffler
Noise.
A. First Reading of Ordinance No. 032,2004,Amending the Fort Collins Traffic Code
Relating to Muffler Noise and to More Narrowly Define Prohibited Exhaust Systems.
B. First Reading of Ordinance No.033,2004,Amending Section 20-22 of the City Code
Relating to Unreasonable Noise.
In October 2003 at the request of City Councilmembers,a cross section of City agencies was
formed into a committee to look into the City's current noise ordinances dealing with motor
vehicle loud muffler noise and motorcycle noise specifically.
After discussion and review of ordinances around the country, the committee made
recommendations for changes to the Fort Collins Traffic Code and the Code of the City of
Fort Collins in an effort to reduce the problems with muffler noise and to more narrowly
define prohibited exhaust systems. If adopted by the Council, the proposed amendments
will become effective upon second reading on all city streets except those which are also
state highways. The amendments will become effective upon the state highways within the
City limits upon approval by CDOT, pursuant to C.R.S. Section 43-2-135(g).
23. First Readine of Ordinance No. 034, 2004 Authorizing the Sublease to Latimer County of
a Portion of the Fossil Creek Reservoir Property Leased by the City from North Poudre
Irrigation Company.
The Natural Areas Program holds a lease on 810 acres of land and surface water rights from
North Poudre Irrigation Company for Fossil Creek Reservoir. This Ordinance approves a
sublease of all or a portion of that leased property to Latimer County. The sublease will
allow Latimer County Open Lands to lease,operate,maintain and manage the portion of the
reservoir adjacent to Fossil Creek Reservoir Regional Open Space (FCRROS). FCRROS
is jointly owned by the City and County,but it will be operated by Latimer County. Latimer
County has completed the design of the public improvements for FCRROS, which will be
constructed this summer, and the site opened to the public late this year.
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24. First Reading of Ordinance No. 035. 2004 Authorizing the Execution of a Conservation
Easement on a Portion of Running Deer Natural Area Authorizing an Access Easement on
a Portion of Running Deer Natural Area Adjacent to the Portion Covered by the
Conservation Easement and Appropriating Revenues into the City's Open Lands Fund
This Ordinance authorizes the execution of a conservation easement on a portion of Running
Deer Natural Area on which Great Outdoors Colorado(GOCO)has awarded the City a grant
to reimburse the City for a portion of the cost of acquiring the property.
25. Items Relating to the Homestead Annexation and Zoning
A. Resolution 2004-020 Setting Forth Findings of Fact and Determinations Regarding
the Homestead Annexation.
B. First Reading of Ordinance No.036,2004,Annexing Property Known as Homestead
Annexation to the City of Fort Collins.
C. First Reading of Ordinance No.037,2004,Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Homestead Annexation.
This is a request for a 100%voluntary annexation and zoning of approximately 25.151 acres
of publicly and privately own
ed property. This annexation includes the development
approved in the County as the "Homestead P.U.D. 2nd Filing P.L.D. &P.D.", a 1271 foot
long portion of the Ziegler Road right-of-way, and a the adjacent street rights-of-way along
Cornerstone Drive and Hearthstone Drive. The recommended zoning is the UE — Urban
Estate zone district. The property is located within the Fossil Creek Reservoir Area Plan.
This property is eligible for annexation according to Colorado Revised Statutes, requiring
1/6 contiguity to the existing city limits. This annexation application complies with this
standard since the property has 1786.15 lineal feet of its total boundary of approximately
4528.11 lineal feet contiguous to the existing City limits. This exceeds the minimum 754.68
lineal feet required to achieve 1/6 contiguity. This contiguity occurs through a common
boundary with the Fossil Lake Annexation No. 2 (March 2002), and H.H.—36 Annexation
(December 1998).
26. First Reading of Ordinance No. 038 2004 Expanding the Boundaries of the Fort Collins
Colorado Downtown Development Authority and Amending the Plan of Development of the
Authority.
Adoption of the Ordinance will expand the boundaries of the Downtown Development
Authority(DDA)District. These boundaries are contained in the Ordinance establishing the
District, as previously amended and in the Plan of Development for the DDA. The purpose
of the amendment is to include the Historic Webster House property.
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27. Resolution 2004-021 Renaming Shearwater Court to Swift Court
This is a staff-initiated street name change. Shearwater is a duplicate street name. Staff
recommends that Shearwater Court be renamed to Swift Court.
28. Resolution 2004-022 Declaring the Intent of the City of Fort Collins to Participate in the
Process of Seeking Designation as a "Preserve America Community."
On March 3, 2003, First Lady Laura Bush launched Preserve America, an initiative to
encourage and support community efforts for the preservation and enjoyment of our priceless
cultural and natural heritage. Preserve America is a White House initiative developed in
cooperation with the Advisory Council on Historic Preservation,the U.S.Department of the
Interior, and the U.S. Department of Commerce, focusing attention on President and Mrs.
Bush's efforts to preserve our national heritage.
29. Resolution 2004-023 Authorizing an Inter ovemmental Agreement with Larimer Count
Concerning the Culver Property.
Larimer County has already purchased the 284-acre Culver property and has also received
a GOCO grant for this purchase. GOCO requires that the County place a Conservation
Easement on the property. The County is asking the City to contribute$200,000 towards the
purchase and hold the Conservation Easement. The property will be an addition to
Horsetooth Mountain Park, which is predominantly used by Fort Collins residents. It will
allow for the expansion of the existing trail system and conserve outstanding wildlife habitat
and scenic lands.Located along County Road 38E south of Horsetooth Mountain Park, the
land lies on top of the beautiful red sandstone cliffs.
30. Resolution 2004-024 Authorizing an Amended Intergovernmental Agreement with Latimer
County Concerning the Indian Creek Property_
Latimer County has negotiated to acquire 1,545 acres of foothills property between the
Rimrock Open Space and the Devil's Backbone Open Space known as the Indian Creek
property(the"Property"). The Property includes large cottonwoods along Indian Creek, an
active golden eagle nest along the rimrock outcrops, and spectacular views, and the
acquisition of the Property will allow the County to construct a trail that will connect the
Coyote Ridge/Rimrock trail to the Devil's Backbone Open Space and to Horsetooth
Mountain Park.
31. Resolution 2004-025 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Disbursements
The guidelines for the Cultural Development &Programming and Tourism Programming
accounts (Fort Fund) provide a three-tiered funding system. Organizations may apply for
grants from these accounts to fund community events. Tier#1 was established as an annual
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programming fund for organizations whose primary purpose is to present three or more
public events annually. These groups may apply for funding from Tier#1 each April. Tier
#2 allows organizations that are not eligible for Tier#1 support to apply for funding of events
that are not fund-raising in nature and do not generate more than $5,000 in proceeds after
expenses. Tier#3 allows organizations that are not eligible for Tier#1 support to apply for
funding of events that generate more than $5,000 in proceeds after expenses and are fund-
raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each
January and June.
32. Resolution 2004-026 Appointing the Members of a Citizen Budget Advisory Committee
On January 6,2004 City Council adopted Resolution 2004-005 establishing a citizen Budget
Advisory Committee.
The purposes of the Committee are to: (1) work with City staff to review the proposed
exceptions to the 2005 budget, including projected 2005 revenues and any adjustments
(increases or reductions)to proposed 2005 expenditures;and(2)advise Council with respect
to its decisions regarding the 2005 budget exceptions,within the framework of existing City
policies and programs.
The Committee is to consist of seven members,with each member of Council selecting one
member of the Committee from a pool a names suggested by Council members and the City
Manager. Council suggested that potential Budget Advisory Committee members should
have knowledge and experience in developing and administering organizational
budgets—preferably large and multi-faceted organizations.
33. Resolution 2004-027 Making Appointments to the Affordable Housing Board and the
Housing Authority.
Vacancies currently exist on the Affordable Housing Board due to the resignations of
Adrianne Pic and Jeff Taylor. Applications were solicited and Councilmembers Tharp and
Bertschy interviewed the applicants. The Council interview team is recommending Joe
Rowan and Sunshine Workman with terms to begin immediately and set forth to expire on
December 31, 2004 and December 31, 2005 respectively.
A vacancy currently exist on the Housing Authority due to the resignation of Kimberly
Stenberg. Applications were solicited and interviews were conducted. Councilmembers
Tharp and Bertschy are recommending Steve Fortier to fill said vacancy with a term to begin
immediately and set to expire on December 31, 2006.
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33.5. Resolution 2004-029 Amending Resolution 2004-016 Appointing the Members of an
Economic Vitality and Sustainability Action Group.
On February 3, 2004 the City Council approved a list of individuals to serve as member of
the Economic Vitality and Sustainability Action Group (the Task Force). Following the
appointments, Tom Gleason, regretfully has to withdraw from the Task Force.
To fill this vacancy,Councilmembers Marty Tharp and Karen Weitkunat are submitting the
name of Pat Brady to replace Tom Gleason. Mr. Brady serves as the President of 1st Bank
in Fort Collins and is also a member of the Fort Collins Housing Authority Board.
***END CONSENT***
34. Consent Calendar Follow-um
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
35. Staff Reports.
Status Report on Council Requests.
36. Councilmember Reports.
ITEMS NEEDING INDIVIDUAL CONSIDERATION
37. First Reading of Ordinance No. 039, 2004, Amending Article III of Chapter 12 of the City
Code Pertaining to the 'Private Club" Exception to the Prohibition Against Smoking in
Enclosed Public Places. (90 minutes)
This Ordinance would amend Article III of Chapter 12 of the City Code, which generally
prohibits smoking in enclosed public places,so as to clarify the private club exception to that
prohibition against smoking. The change would require that private clubs be non-profit
organizations owned and operated by their members for fraternal, social and similar
purposes.
38. Resolution 2004-028 Acceptingand nd Approving the Downtown Strategic Plan. (75 minutes)
The Downtown Strategic Plan was developed to address several crucial issues related to the
market, urban design and transportation, with market health as the driving consideration.
What makes the DSP different from previous planning efforts is its focus on short-term
recommendations directed at downtown's vulnerabilities in the retail market, along with a
few other topical issues.
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The DSP articulates an overall strategy: to protect,manage, and leverage the economic and
cultural vitality created by Downtown Fort Collins' core retail and entertainment area,while
blending higher-energy areas with adjacent residential neighborhoods. Within this overall
strategy, the DSP integrates recommendations into a "Framework Plan" with a map as its
centerpiece. Numerous recommendations correspond to three different areas on the map—
the Retail/Entertainment Core, a surrounding Infill/Transition Area, and the interface with
adjacent residential neighborhoods. The recommendations are further organized under three
topic headings: Market, Urban Design, and Transportation.
The Framework Plan map and recommendations comprise Section II, the heart of the DSP.
The DSP also provides detailed background information on the downtown market (Section
III) and on infrastructure and transportation issues (Section IV).
The (DSP) is meant to be used as the primary basis for an update of the 1989 Downtown
Plan, which is an adopted Element of the Comprehensive Plan.
39. Resolution 2004-017 Making an Appointment to the Downtown Development Authority.
(30 minutes)
A vacancy exists on the Downtown Development Authority due to the expiration of term of
Greg Belcher. CouncilmemberBertschy and Mayor Martinez interviewed the applicants and
did not reach agreement on a recommendation to fill the vacancy. The Council interview
team wishes to submit Karen Wagner and Jack Wolfe for Council's consideration.
40. Pulled Consent Items.
41. Other Business.
42. Adjournment.
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