HomeMy WebLinkAboutMINUTES-01/20/1998-RegularJanuary 20,1998
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 20, 1998,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner.
Nays: None.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Lou Lockman, President of AARP, thanked staff for responding to his concerns regarding increased
room rent rates at the Senior Center. He spoke of the impact the increases would have on AARP
activities and programs and stated AARP meetings in surrounding communities are not required to
pay room rents.
Al Baccili, 520 Galaxy Court, opposed Senior Center rate increases.
Citizen Participation Follow-up
Councilmember Smith thanked the previous speakers for their comments and spoke of the various
groups that use the Senior Center and of the need to keep fees in line with costs.
Councilmember Byrne concurred with comments made by Councilmember Smith.
Councilmember Kneeland questioned the possibility of designating a community room at the Senior
Center free of charge.
Director of Cultural, Library and Recreational Services Mike Powers responded to Council questions
and of how special revenue accounts were set up to reduce subsidies. He stated it could be
accomplished but costs would be increased in other areas to balance that effort.
Councilmember Bertschy spoke of the difficulty in setting fees and reported Council would be
formally discussing fee issues at an upcoming study session.
Councilmember Byrne believed this issue should be reviewed by the Senior Advisory Board.
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Agenda Review
City Manager John Fischbach requested that Item #13, First Reading of Ordinance No. 8, 1998,
Amending Ordinance No. 170, 1979, by Designating the Public Rights -of -Way in the Old Town Fort
Collins Historic District, Fort Collins, Colorado, as a Local Landmark Pursuant to Chapter 14 of
the City Code, be withdrawn from the Consent Agenda and noted a minor error in Item 923,
Resolution 98-16 Amending the General Employees Retirement Plan.
CONSENT CALENDAR
7. Second Reading of Ordinance No 1, 1998, Appropriating Unanticipated Revenue in the
General Fund for the Police Services Victim Services Team.
Fort Collins Police Services, Victim Services Team has been awarded a one-year grant by
the Eighth Judicial Victims and Law Enforcement (V.A.L.E.) Board to help fund additional
growth for this team. The grant period is from January 1, 1998 to December 31, 1998.
The Victim Services Team provides crisis intervention, resource and referral services to
victims of violent crime, as well as in other traumatic situations. The Victim Services Team
currently utilizes a staff of one paid Victim Services Coordinator, and a team of 17 to 25
volunteer advocates. Because of the growth of the program and the need to ensure consistent
and quality services to the citizens of Fort Collins, the addition of a part-time paid victim
advocate is needed. Ordinance No. 1, 1998, was unanimously adopted on First Reading on
January 6, 1998 and appropriates unanticipated revenue in the General Fund for the Police
Services Victim Services Team.
8. Postponement of Second Reading of Ordinance No. 2, 1998, Appropriating Unanticipated
Revenue and Prior Year Reserves in the General Fund for the Radon Program to February
17, 1998.
Staff is recommending postponement due to a delay in final confirmation of funds from the
Colorado Department of Public Health and Environment. Confirmation is expected within
the next couple of weeks. This Ordinance, which was unanimously adopted on First Reading
on January 6, 1998, appropriates $45,215 in unanticipated revenue and prior year reserves
in the General Fund for the Radon Program. The funds come from grant monies from the
Colorado Department of Public Health and Environment (CDPHE) Radiation Control
Division and 1997 revenue received from the sale of radon test kits. The funds will be used
to continue the radon education, testing, and mitigation programs.
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9. Second Reading of Ordinance No. 4 1998, Amending Certain "Sunset" Provisions
Pertainine to the Land Development Guidance System.
During the years leading up to the development and adoption of the City's Land Use Code,
the City Council approved a series of changes in its land use regulations. During those years,
principally from 1994 through 1996, the Council, at various times, amended the City's "Land
Development Guidance System" so as to better address the concerns that had been identified
during those years regarding the development of land.
As a part of those amendments to the Land Development Guidance System, the Council
determined that the imposition of a "sunset" or expiration of the application of such
amendments would serve as a catalyst and a motivation for the City to move forward
diligently with the development of the City Plan and corresponding Land Use Code. As a
part of the implementation of the City Plan through the Land Use Code, the Council also
adopted Ordinance No. 161, 1996, which allows for the continued processing of certain
applications under the Land Development Guidance System. The continued processing of
certain limited projects under the Land Development Guidance System creates the need for
the elimination of the "sunset" provisions that were established as a part of certain
amendments that the Council enacted during the years 1994, 1995 and 1996. Ordinance No.
3,1998, which was unanimously adopted on First Reading on January 6,1998, repeals sunset
provisions of Ordinances 114, 1994, and 161, 1995, and 2, 1996, "nunc pro tune", meaning
that the repealing of those sections will relate back to the original date of adoption of those
ordinances.
10. Items Relating to Grant Revenue to Fund Specialized Transit Services in the Non -urbanized
Areas.
A. Resolution 98-6 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with the State Department of Transportation, Division of Transportation
Development, For the Provision of Public Transportation Services inNon-urbanized
Areas.
B. Resolution 98-7 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with the State Department of Transportation, Division of Transportation
Development, for the Provision of Transportation Services for Elderly and Persons
with Disabilities.
C. Second Reading of Ordinance No. 3, 1998 Appropriating Unanticipated Revenue in
the Transit Services Fund and Authorizing the Transfer of Appropriations to Be Used
to Fund Specialized Transit Services in Non -urbanized Areas.
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D. First Reading of Ordinance No. 5, 1998 Appropriating Unanticipated Revenue in the
Transit Services Fund and Authorizing the Transfer of Appropriations to Be Used to
Fund the Acquisition of a New Mini -Bus for Use in the Dial -a -Ride Program in Non -
urbanized Areas.
These grant funds will be used to purchase a new replacement mini -bus for service in the
non -urbanized areas surrounding Fort Collins, administer the 5310 & 5311 state grants for
Specialized Transportation, and operate Foxtrot/contractual non -urbanized paratransit
service.
Larimer County will not be administering this grant for 1998/1999, and Transfort staff
offered to act as grant administrator for the next two years. Grant recipients are cities of
Loveland, Estes Park, Berthoud, and Fort Collins plus SAINT and Larimer County.
Ordinance No. 3,1998, was unanimously adopted on First Reading and needs to be amended
to appropriate an additional $59,154 for a total $166,754. This change is required because
the local match of $59,154 was not included on First Reading.
11. First Reading of Ordinance No. 6. 1998, Authorizing the Transfer of Appropriations from
the Street Oversizing Fund to the CWiital Projects Fund for the Harmony Road Realignment
Project.
Harmony Road is planned to be realigned to intersect with Taft Hill Road at County Road
38E. Staff began working on this project in 1990 with right-of-way acquisition from the
developer of the Overlook P.U.D. Some portions of the realignment were constructed with
the development through the Street Oversizing Program in 1991, 1994, and 1997. Traffic
volumes have risen in the area to the point where staff believes the completion of the
realignment is necessary. This project will complete 1400 linear feet of arterial street and
intersection improvements at Taft/CR38/Harmony and reroute the connection at Harmony
and Seneca. The old roadway bed of Harmony Road will be used as an access road to the
Fossil Creek Trailhead, however, the existing Harmony Road connection to Taft Hill will be
demolished. The project will go to bid immediately with utility relocations and earthmoving
to begin in March of 1998 and project completion planned for August of 1998.
12. First Reading of Ordinance No. 7, 1998, Amendins the City of Fort Collins District -Precinct
Man.
This Ordinance amends the City of Fort Collins District -Precinct Map, which was adopted
by Council on September 17, 1996, by adjusting precinct boundaries to correspond with
election precincts established by Larimer County.
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13. First Reading of Ordinance No. 8 1998 Amending Ordinance No. 170, 1979, by Designating
the Public Rights -of -Way in the Old Town Fort Collins Historic District, Fort Collins, Colorado,
as a Local Landmark Pursuant to Chapter 14 of the City Code.
This Ordinance designates the public rights -of -way in the Old Town Fort Collins Historic
District as a part of the local landmark district, in order to conform the legal description to that
intended.
14. First Reading of Ordinance No. 9 1998, Amending Section 20-23 of the City Code Pertaining
to Maximum Permissible Noise Levels.
The Code provisions establishing certain noise levels for various zoning districts need to be
amended to reflect the new zoning districts contained in the Land Use Code. This Ordinance
accomplishes that change.
15. Resolution 98-8 Declaring the Official Intent of the City to Use Proceeds of Tax -Exempt Lease
Purchase Certificates ofParticipation to Reimburse Itself for Certain Capital Expenditures Made
from Other Sources.
The federal tax laws and regulations allow municipalities to issue tax-exempt securities (holders
of these securities do not pay federal and state income tax on earnings) to finance acquisition of
capital projects, equipment and goods for municipal use. During the planning and design phases
of such projects, the City may incur costs which are paid from sources of revenue already
appropriated. The tax law and regulations allow the City to reimburse itself for such costs,
provided that the City formally declares its intent to do so. Resolution 98-8 states the intent of
the City to execute and deliver tax-exempt lease certificates of participation during the next
three years. The proceeds from the lease will be used for capital projects, equipment, and other
goods. Any costs meeting the federal regulations may be reimbursed to the City from the
proceeds from the transaction. The total amount of the transaction is not yet determined. The
estimated cost of the parking structure is $10 million, the office building $10 million, and other
projects maybe added if beneficial to the City.
16. Resolution 98-9 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating_ Annexation Proceedings for Such Property to Be Known as the Visitors' Center at the
Environmental Learning Center Annexation.
The Visitors' Center at the Environmental Learning Center Annexation is approximately 5 acres
in size, located south of Prospect Road, north of the existing Environmental Leaming Center.
The site is owned by Colorado State University and the primary use will be the Visitors' Center
at the Environmental Learning Center. The proposed zoning for this annexation is POL-Public
Open Lands zone district.
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The proposed Resolution states that it is the City's intent to annex this property and directs that
the published notice required by State law by given of the Council's hearing to consider the
needed annexation ordinance. The hearing will be held at the time of First Reading of the
annexation and zoning ordinances on March 3, 1998. No less than thirty days prior published
notice is required by State law.
17. Resolution 98-10 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating Annexation Proceedings for Such Property to Be Known as the Fort Collins Business
Center 2nd Annexation.
The property being considered for annexation is approximately 0.49 acres in size and is located
on the east side of the 1 Oth Street right-of-way. The proposed zoning for this annexation is LMN-
Low Density Mixed Use Neighborhood zone district. The property being considered for
annexation has, for a period of not less than three (3) years, been completely surrounded by
property contained within the boundaries of the City of Fort Collins.
The proposed Resolution states that it is the City's intent to annex this enclave property and
directs that the published notice required by State law be given of the Council's hearing to
consider the needed annexation ordinance. The hearing will be held at the time of First Reading
of the annexation and zoning ordinances on March 3, 1998. Not less than thirty days prior
published notice is required by State law.
18. Resolution 98-11 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating Annexation Proceedings for Such Property to Be Known as the Lemay Avenue 3rd
Annexation.
The property being considered for annexation is approximately 2.00 acres in size and is located
on the east side of North Lemay Avenue, between East Lincoln Avenue and East Vine Drive.
The property is currently vacant. The proposed zoning for this annexation is I -Industrial. The
property being considered for annexation has, for a period of not less than three (3) years, been
completely surrounded by property contained within the boundaries of the City of Fort Collins.
The proposed Resolution states that it is the City's intent to annex this enclave property and
directs that the published notice required by State law be given of the Council's hearing to
consider the needed annexation ordinance. The hearing will be held at the time of First Reading
of the annexation and zoning ordinances on March 3, 1998. Not less than thirty days prior
published notice is required by State law.
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January 20, 1998
19. Resolution 98-12 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating Annexation Proceedings for Such Propertyto Be Known as the Lincoln-Lemav Avenue
Annexation.
The property being considered for annexation is approximately 1.5 acres in size and is located
on the west side of North Lemay Avenue, between East Lincoln Avenue and East Mulberry
Street. The existing use of the property is a restaurant and retail business. The proposed zoning
for this annexation is CCR, Community Commercial-Poudre River. The property being
considered for annexation has, for a period of not less than three (3) years, been completely
surrounded by property contained within the boundaries of the City of Fort Collins.
The proposed Resolution states that it is the City's intent to annex this enclave property and
directs that the published notice required by State law be given of the Council's hearing to
consider the needed annexation ordinance. The hearing will be held at the time of First Reading
of the annexation and zoning ordinances on March 3, 1998. Not less than thirty days prior
published notice is required by State law.
20. Resolution 98-13 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating Annexation Proceedings for Such Property to Be Known as the Pine Ridge 4th
Annexation.
The Pine Ridge 4th Annexation is approximately 179 acres in size, located on the west side of
South Overland Trail and south of Drake Road and north of Horsetooth Road. The City of Fort
Collins acquired the site in 1993. The proposed zoning for this annexation is POL-Public Open
Lands zone district.
The proposed Resolution states that it is the City's intent to annex this property and directs that
the published notice required by State law be given of the Council's hearing to consider the
needed annexation ordinance. The hearing will be held at the time of First Reading of the
annexation and zoning ordinances on March 3, 1998. Not less than thirty days prior published
notice is required by State law.
21. Resolution 98-14 Authorizing the Mayor to Enter into an Intergovernmental Agreement with
Larimer County for the Provision of Social Services and Authorizing the Allocation of Funds
for These Services in 1998.
This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement with
Larimer County for the purpose of providing social and human services to the City of Fort
Collins in 1998. The Resolution also allocates funds from the 1998 budget for these purposes.
Since 1981, the City has contracted with Larimer County to allocate and administer the
distribution of human services funds via the Human Resource Grant Program administered by
the County.
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The recommended allocation of the funds among the human service agencies participating in the
Human Resource Grant Program is developed by Larimer County's Human Resource
Committee. With the passage of this resolution City Council will approve these allocations to
the various service providers.
This contract with Latimer County is consistent with the Human Services Policy, adopted in
August of 1992, and provides for services for low-income and disabled persons throughout the
City and in Larimer County.
The total 1998 funding for the Human Resource Grant Program will be $562,544. The City of
Fort Collins will contribute $359,011, slightly less than a three percent increase from 1997. The
City of Loveland is contributing $86,834 in 1998, a four percent increase over 1997 and Larimer
County is contributing $116,699, an increase of zero percent over the 1997 contribution.
22. Resolution 98-15 Setting Forth the Intention of the City to Issue Multi -Family Housing Revenue
Bonds for the Richards Lake Town Homes Project.
On December 23, the City received a proposal from Wintergreen Homes for the City to issue
private activity bonds for the purpose of acquiring property, constructing and equipping a multi-
family town home housing project (the "Project") in Fort Collins. The Project is a low-income
rental housing project. The project is located in the northeast quadrant of Fort Collins. The total
number of units is expected to be 54. The site is approximately 3.8 acres. Fifty percent of the
units will be for individuals or households making no greater than 60% of the area median
income. Forty percent of the units will be for households under the 50% median income level.
The remaining fifty percent of the units will be rented at market rates.
23. Resolution 98-16 Amending the General Employees Retirement Plan.
The proposed Resolution will amend the Plan to:
Specifically allow for the appointment of the City's Financial Officer as the funding
agent.
2. Remove inconsistencies between the definitions section and the substantive sections
which presently make it unclear as to whether the pension committee or City Council has
the power to select the funding agent. The Committee will be given that authority,
subject to the purchasing and contracting provisions of the City Code.
3. Bring the alienability section into harmony with state law, which was recently changed
to allow for the honoring of some court orders dealing with child support and the division
of marital property upon dissolution of marriage.
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The General Employees Retirement Committee unanimously recommended the changes set forth
in this Resolution on November 6, 1997.
24. Resolution 98-17 Approving Expenditures from the Art in Public Places Reserve Account in the
Cultural Services and Facilities Fund for the Commission of a Metal Sculpture in Westfield Park.
In connection with the Westfield Park Project, staff and the Art in Public Places Board have
proposed to use $8,000 to commission J. Gunnar Anderson to create a flower inspired metal
sculpture standing approximately 15' to 18' tall.
The Selection Committee comprised ofAPP Board members, a Park Planning and Development
representative, and one B H A Design Inc. representative reviewed proposals for this project at
the Board meeting on November 20. The APP Board voted unanimously to select J. Gunnar
Anderson for the Westfield Park Project.
25. Resolution 98-18 Approving_ Expenditures from the Art in Public Places Reserve Account in the
Water Utility Fund for the Commission of a Metal Sculpture to Be Placed in the Xeriscape
Garden at City Hall.
In connection with the Xeriscape Garden project, staff and the Art in Public Places Board have
proposed to use $20,000 to commission Don Mitchell to create a colorful metal sculpture
standing approximately 5' tall. The Board reviewed final proposals for this project at a special
meeting on December 16 and selected artist Don Mitchell.
Don Mitchell's proposed sculpture for the Xeriscape Demonstration Garden is designed to
heighten awareness by bringing attention through sculpture to the colorful flower opportunities
available in xeriscape gardening. Mr. Mitchell's stylized sculpture includes twelve flower forms
(Mexican Hat Coneflower and Lewis Flax flowers) and a central stylized figure made of brightly
painted steel. The sculpture would be nestled into the grouping of Red Bud trees near the
intersecting walkways on the west side of the garden.
26. Resolution 98-19 Filling a Vacancy for the City's Appointed Director on the Platte River Power
Authority Board of Directors.
The Platte River Board of Directors is comprised of two representatives from each of the four
member cities. The Mayor (or Mayor's designate) fills one slot and the second representative
is appointed by the Council. Light & Power General Manager Richard Shannon has served as
the City's representative since 1994. Mr. Shannon has resigned from his employment with the
City effective February 2, 1998, and a representative needs to be appointed to complete the
remainder of his term.
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January 20, 1998
The Resolution appoints Interim General Manager Robert Kost to replace Richard Shannon for
the term which expires December 31, 2000, or until such appointment is changed bythe Council.
27. Routine Easement.
A. Non -Exclusive Easement from Colorado State Board of Agriculture/Colorado State
University for relocation and underground existing overhead electrical lines, located
south of Pitkin Street between Shields Street and Edwards and Ingersol Hall service
drive. Monetary consideration: $0.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No.1,1998, Appropriating Unanticipated Revenue in the General
Fund for the Police Services Victim Services Team.
8. Postponement of Second Reading of Ordinance No. 2, 1998, Appropriating Unanticipated
Revenue and Prior Year Reserves in the General Fund for the Radon Program to February 17,
1998.
9. Second Reading of Ordinance No. 4, 1998, Amending Certain "Sunset' Provisions Pertaining
to the Land Development Guidance System.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
11. First Reading of Ordinance No. 6, 1998, Authorizing the Transfer of Appropriations from the
Street Oversizing Fund to the Capital Projects Fund for the Harmony Road Realignment Project.
12. First Reading of Ordinance No. 7, 1998, Amending the City of Fort Collins District -Precinct
Man.
13. First Reading of Ordinance No. 8, 1998, Amending Ordinance No. 170, 1979, by Desi ngnating
the Public Rights -of -Way in the Old Town Fort Collins Historic District, Fort Collins, Colorado,
as a Local Landmark Pursuant to Chapter 14 of the City Code.
14. First Reading of Ordinance No. 9, 1998, Amending Section 20-23 of the City Code Pertaining
to Maximum Permissible Noise Levels.
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January 20, 1998
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt and approve
all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne,
Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Wanner reported the Finance Committee met and discussed revenue retention, CML
updates on franchises and deregulation of utilities. He spoke of possible changes to the Pawnbroker
licensing ordinance and spoke in support of private activity bonds that would be issued by Larimer
County for affordable housing.
Councilmember Smith reported the Metropolitan Planning Organization met and discussed project
priorities. He stated the primary focus was to look at priorities of projects on state highway systems vs.
localroads.
Councilmember Mason stated the Legislative Review Committee met and reviewed upcoming
legislation regarding the Endangered Species Act renewal, land use bills relating to annexation and
electric utility deregulation.
Councilmember Kneeland reported the Health and Safety Committee met and discussed the camera radar
report and the proposed Citizen Review Board and how appointments to that Board would be made.
Councilmember Smith reported Council and the Planning and Zoning Board met with the Larimer
County Urban Growth Area Review Board and the Larimer County Planning Commission and discussed
the Urban Growth Area Intergovernmental Agreement.
Councilmember Byrne reported on a meeting of the Poudre School District Liaison Committee stating
the discussion included annexation of schools in located out of City limits.
Mayor Azari spoke of her work with the Federal Geographic Data Committee stating she would be
attending a workshop to discuss sharing data with various agencies. She thanked the GIS Department
for its assistance.
Other Business
Councilmember Mason spoke of a recent meeting he attended with Commissioner Disney and discussed
setting development standards in the Urban Growth Area. He stated the purpose of the Urban Growth
Area Agreement is to ensure that when the time comes to annex urban land, it "fits" within the
guidelines of the City's Land Use Code and City Plan. He stated Larimer County would be putting this
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January 20, 1998
issue out through a public process, focusing primarily on the development and homebuilder
communities. He spoke of the need to make a statement that the City will not annex urban sprawl.
Councilmember Kneeland spoke of the possibility of the City contacting the development and
homebuilder communities to see in what ways they could support the information in the proposed IGA
to alleviate some of the burden for Latimer County.
Councilmember Mason supported comments made by Councilmember Kneeland.
Councilmember Byrne spoke of the importance of developing standards to minimize urban sprawl.
Councilmember Byrne reported on a meeting he attended with residents of Fairbrooke concerning the
stormwater issues resulting from the July flood. He spoke of proposed infrastructure improvements that
would increase stormwater fees and discussed appropriating General Fund monies for some of the
proposed improvements.
City Attorney Steve Roy requested Council adjourn into Executive Session to discuss legal issues
pertaining to the proposed Human Rights Ordinance.
Councilmember Bertschy made a motion, seconded by Councilmember Smith, to adjourn into Executive
Session to discuss legal issues related to the proposed Human Rights Ordinance. Yeas: Councilmembers
Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned into Executive Session at 7:20 p.m. and reconvened at 8:40 p.m.
AdL
The meeting adjourned at 8:45 p.m.
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