Andre Houser, Managing Director of Human Resources, updated Council on the City Secretary position. He stated that they had received 207 applications, of which, 92 met the minimum requirements, and he narrowed the selection down to 8 of the most qualified who fit the criteria posed by Council.

It was the consensus of Council to meet on Monday, July 7th at 6 p.m. to review the applications in Executive Session and then determine an interview schedule in open session. Councilmember Williams and Valentine stated they would not be able to attend but would send their selections to Mr. Houser.

3. Discussion of the pilot program "The Rites of Passage" designed to intervene and correct antisocial behavior patterns in youth before such behavior becomes self-destructive criminal habit.

Click to View Rites of Passage Pilot Program Information

Mr. Baugh introduced Zakee IdDeen and Amon Rashidi, who presented a video of the program they held in Texarkana , which will be similar to the Rites of Passage program proposed for DeSoto.

Councilmember Williams asked how long the program was from beginning to end.

Mr. Rashidi stated it lasts 16 weeks with three months of follow-up.

Mr. Baugh stated that the program participants would be 13-16 year old males within the DeSoto ISD who have been targeted for this pilot program. He stated the SRO from the school would help judge the success.

Mayor Pro Tem Sherman inquired as to how many children would participate.

Mr. Rashidi stated there would be 12-24 for this program. He further stated that 2% lead and 98% follow. They want the 2%, so the behavior can be changed.

Mr. Baugh stated that the Municipal Court will be a point of access, that the majority will come through court orders.

Mayor Pro Tem Sherman asked about the alternative school. Mr. Rashidi mentioned that the majority will be from the court, but some will also be seen at alternative school.

Councilmember Ledbetter inquired if this was a day program only.

Mr. Rashidi stated there are two go-away camps for three days - one at the beginning and one towards the end.

Councilmember Ledbetter asked about the adult to student ratio.

Mr. Rashidi stated it was 1:6.

Councilmember Valentine asked when the pilot program would take place.

Mr. Baugh stated that it would last for 16 weeks and then watch to see if it works over the school year and then re-evaluate for continuation at that time.

Councilmember Respess stated that if we don’t do something, then the children go to court and into the prison system and then it’s difficult to get them out. He further stated that he wholeheartedly supports this program.

Mayor Waddle commented on seeing the full-length version of the video, which showed inmate visits and how it affected the teens.

Councilmember Ledbetter asked about the group project and if, depending on project, they have specialists come in to facilitate.

Mr. Rashidi stated he was a consultant with the Big 12 and has access to several different areas of expertise.

Councilmember Ledbetter asked if at the end of the 16 weeks was the program over?

Mr. Rashidi stated that each student is assigned a mentor or a "life coach" to stay in contact with them until they graduate.

Mayor Pro Tem Sherman stated he was looking forward to this program.

Councilmember Lockhart stated she was excited about this project.

Mr. Baugh thanked Mr. IdDeen and Mr. Rashidi for bringing this program to us.

It was the consensus of Council to proceed with the pilot program.

Mayor Waddle recessed the meeting at 6:50 p.m.

B. REGULAR SESSION - CALL TO ORDER

Roll Call: 7 members present, 0 members absent, 0 members excused.

Mayor Waddle called the meeting to order at 7:01 p.m.

1. Invocation by: Ouida Lee, Church of the Disciple

2. Pledge of Allegiance led by Councilmember Deshaundra Lockhart

3. Ambassador: Grady Kirkland, Police Department
Mr. Kirkland was born in Fort Hood Texas to military parents and raised in the Irving/South Dallas area. Mr. Kirkland started his career in law enforcement in 2001 as a jailer for the Dallas County Sheriff’s Department and became a peace officer for the City of DeSoto in 2004.

Mr. Kirkland enjoys weight lifting, fishing, and animals. Mr. Kirkland believes in hard work, financial stability, and early retirement.

C. PRESENTATIONS

Mayor Waddle presented a Proclamation in recognition of the 4th of July holiday.

D. CONSENT AGENDA

1. Approval of City Council Minutes

a. Regular Meeting - 03-04-08, 03-18-08, 04-01-08, 04-15-08

Click Here to View 03-04-08 City Council Meeting Minutes

Click Here to View 03-18-08 City Council Meeting Minutes

Click Here to View 04-01-08 City Council Meeting Minutes

Click Here to View 04-15-08 City Council Meeting Minutes

b. Special Meeting - N/A

2. Acceptance of Board and Commission Minutes

a. Board of Adjustment - N/A

b. Building and Standards Commission - N/A

c. Civil Service Commission - N/A

d. DeSoto Economic Development - N/A

e. Library Board - N/A

f. Park Development Corporation - N/A

g. Planning and Zoning Commission - N/A

h. DeSoto Arts Commission - N/A

i. Keep DeSoto Beautiful - N/A

j. Zoning Board of Adjustment - N/A

k. DeSoto, Texas Historical Foundation - 05-15-08

Click Here to View 05-15-08 DTHF Minutes

Ms. Hallmark listed the items submitted for consideration on the Consent Agenda.

Motion to approve Consent Agenda as presented. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to approve Consent Agenda as presented. (Approved)

E. PUBLIC HEARINGS

1. Consider Case Z-1147-08; a Specific Use Permit (SUP) for a Check Cashing Service and Loan Agency; located at 859 North Hampton Road; consisting of approximately .34 acres and containing one lot; Applicant: Cottonwood Financial; Owner: H.J. Rader; and adopting Ordinance.

Click Here to View E.1. Management Report

Ms. Hallmark read the agenda caption and introduced Linda Zombeck, Senior Planner, who presented the staff report.

Motion to open Public Hearing Moved by Councilmember Respess, seconded by Councilmember Williams.

Vote to open Public Hearing (Approved)

Motion to close Public Hearing Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to close Public Hearing (Approved)

Councilmember Valentine stated that the City spent millions of dollars to turn a parking lot into an uptown style village. This is a catalyst project and will bring retail and business. She stated that if the first business out of the gate is a check cashing business, it is not good. To put an unsecured loan business across the street from our multi-million dollar complex is not a good use of land. We should wait for a business that lends itself to the vision we had. If it were to be in another location mixed in with other retail, it may be better.

Mayor Pro Tem Sherman stated the types of businesses that have a dominance in our community defines our community. While Cottonwood Financial is an exceptional business in a market that is considered predatory, it is not a check cashing place, even though documentation states so. All the information he has reviewed about Cottonwood Financial is positive. He further stated he has 27 million reasons why this doesn’t fit that corner. He likes Cottonwood Financial as a business model, but for that reason, he cannot vote in favor of this.

Councilmember Respess stated he was still struggling to find a good solid reason other than "don’t like the business". The redevelopment of Hampton Road is going to be driven by the market and not by what we want. If the market won’t sustain it, then there will be a new building ready for another business to come in.

Mayor Waddle stated he appreciated the presentation. It took a lot of hard work and homework. He stated he has a better feel for this business and what it does. He remembered a couple of years ago before the start of the project at town center and an application on Hampton Road. He didn’t feel right about it then and it was mostly because of perception. He just asked that the Council vote their convictions. He hopes that some other business may come later that may grow into a larger piece may develop there. He has learned that you don’t want to act hastily.

Ms. Hallmark read the Ordinance caption into the public record.

Motion to approve Zoning Case Z-1147-08 a Specific Use Permit (SUP) for a check cashing service and loan agency located at 859 North Hampton Road. Moved by Councilmember Respess, seconded by Councilmember Williams.

Vote to approve Zoning Case Z-1147-08 a Specific Use Permit (SUP) for a check cashing service and loan agency located at 859 North Hampton Road. (Declined)

Motion to deny Zoning Case Z-1147-08. Moved by Councilmember Valentine, seconded by Councilmember Williams.

Vote to deny Zoning Case Z-1147-08. (Approved)

2. Consider Zoning Case Z-1150-08 to amend the City of DeSoto Comprehensive Zoning Ordinance to amend Section 36, Use Regulations; and Section 43, Supplemental Regulations regarding Pawn Shops, Replacement of Mobile Homes and to permit subdivision entry features; and adopting Ordinance.

Click Here to View E.2. Management Report

Ms. Hallmark read the agenda caption and introduced Linda Zombeck, Senior Planner, who presented the staff report.

Motion to open Public Hearing Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to open Public Hearing (Approved)

Councilmember Valentine asked for clarification of non-conforming use and a manufactured home and if the land use has been changed from residential to commercial would it still be non-conforming use?

Ms. Zombeck stated the Ordinance would permit it to be put back one time.

Councilmember Respess asked if there were any other construction requirements on the entry tower and if there is a construction standard for these features.

Ms. Zombeck stated it would be a building inspection issue.

Tom Johnson, Managing Director of Development Services, stated that each design would be approved and the engineer would verify the tower was built in accordance with the plans.

Mayor Waddle asked about a windmill since it is taller than this height requirement.

Ms. Zombeck stated this ordinance wouldn’t cover this, but could come through as a Planned Development.

Motion to close Public Hearing Moved by Councilmember Respess, seconded by Councilmember Lockhart.

Vote to close Public Hearing (Approved)

Ms. Hallmark read the Ordinance caption into the public record.

Motion to approve Case Z-1150-08 to amend Section 36, Use Regulations; and Section 43, Supplemental Regulations to add regulations pertaining to subdivision entry features, revise the Use Chart regarding pawn shops, as well as addressing the replacement of manufactured homes and adopt Ordinance #1790-08. Moved by Councilmember Respess, seconded by Councilmember Ledbetter.

Vote to approve Case Z-1150-08 to amend Section 36, Use Regulations; and Section 43, Supplemental Regulations to add regulations pertaining to subdivision entry features, revise the Use Chart regarding pawn shops, as well as addressing the replacement of manufactured homes and adopt Ordinance #1790-08. (Approved)

F. REGULAR AGENDA - New Business

1. Consider a Construction Contract with ADB Utility Contractors, Inc. in the amount of $486,868.50 for the Belt Line Road Water Line Replacement Project from Hampton Road to Parks Drive.

Click Here to View F.1. Management Report

Ms. Hallmark read the agenda caption and introduced Tom Johnson, Managing Director of Development Services, who presented the staff report.

Councilmember Ledbetter stated that the report shows the project to be 120 calendar days and asked when the project would start.

Mr. Johnson stated that if approved tonight, the contractor has been instructed to work on his bond and insurance documents with the anticipation of beginning within three to four weeks.

Councilmember Ledbetter inquired about when they tear up the sidewalk, is there so many number of feet beyond the sidewalk that is torn up?

Mr. Johnson stated that they will be using a boring system and all sidewalks or landscaping is replaced once the work has been completed.

Mayor Waddle asked if the contractor was in the room.

Mr. Johnson said they were in attendance.

Motion to authorize the mayor to execute a Construction Contract with ADB Utility Contractors, Inc., and a total project budget in the amount of $525,817.50 for the Belt Line Road Water Line Replacement/Relocation Project. Moved by Councilmember Lockhart, seconded by Councilmember Ledbetter.

Vote to authorize the mayor to execute a Construction Contract with ADB Utility Contractors, Inc., and a total project budget in the amount of $525,817.50 for the Belt Line Road Water Line Replacement/Relocation Project. (Approved)

2. Consider approval of the First Amendment to the Amended and Restated Development Agreement for the Town Center Mixed-Use Project.

Click Here to View F.2. Management Report

Ms. Hallmark read the agenda caption and introduced Tom Johnson, Managing Director of Development Services, who presented the staff report.

Councilmember Williams stated that on the west wall there was supposed to be some treatment giving the appearance of windows - is this included?

Mr. Johnson stated that is not included in this phase.

Councilmember Williams inquired if the original RTKL presentation was a wish list.

Mr. Baugh stated that RTKL provided what they thought we could afford, but it didn’t work out that way.

Mayor Pro Tem Sherman asked about the completion date or start date.

Mr. Johnson stated that since we have worked so closely with the contractors, they can almost immediately get started. The project could take up to 6 months, but feel they can get it done sooner.

Mayor Pro Tem Sherman asked if by using the same contractor, are we managing the time where they are working on the east side and then the west side?

Mr. Johnson stated that the two projects will be independent of one another - may use same contractors, but the timings will be different.

Mayor Pro Tem Sherman inquired about the tree that is in the round about and what type of tree it will be.

Mr. Johnson stated he didn’t have the dimensions, but would be defined as a "signature" tree but he didn’t have the specifics.

Councilmember Williams stated that when they first saw the design on this east side project there was a proposed cost - by what amount was it off by RTKL proposal?

Mr. Baugh stated it was between 20-25%.

Motion to approve the First Amendment to the Amended and Restated Development Agreement for the Town Center Mixed Use Project for the construction of the improvements to the south and east sides of the City Hall facility. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to approve the First Amendment to the Amended and Restated Development Agreement for the Town Center Mixed Use Project for the construction of the improvements to the south and east sides of the City Hall facility. (Approved)

3. Consider a Resolution establishing initial fees for the rental of the Park Pavilions at Grimes Park and Ernie Roberts Park and authorizing the establishment of the fees from time to time by administrative order of the City Manager.

Click Here to View F.3. Management Report

Ms. Hallmark read the agenda caption and introduced Renee Johnson, Managing Director of Parks and Leisure Services, who presented the staff report.

Councilmember Respess stated that the parks really look good and asked how much money do they anticipate this will generate?

Ms. Johnson stated that she was unable to project accurately, but next year they will be able to budget accordingly.

Councilmember Respess asked if there will be signage out at the parks to signify who has the pavilion reserved.

Mr. Baugh stated that will be done in hopes that it will forestall any conflicts.

Councilmember Williams stated the residents get a break on the rental fees and inquired about a timing standpoint.

Ms. Johnson stated it was first come first served.

Councilmember Valentine asked about what happens during the cooler season.

Ms. Johnson stated that the pavilion use would be first come first served at no cost.

Councilmember Ledbetter inquired if reservations can be booked online.

Ms. Johnson stated that was not a possibility as long as there is a resident/non-resdient fee structure.

Motion to approve Resolution #08-11 establishing initial fees for the rental of the park pavilions and authorizing the establishment of the fees from time to time by administrative order of the City Manager. Moved by Councilmember Lockhart, seconded by Councilmember Ledbetter.

Vote to approve Resolution #08-11 establishing initial fees for the rental of the park pavilions and authorizing the establishment of the fees from time to time by administrative order of the City Manager. (Approved)

4. Consider a Resolution authorizing the Mayor and City Manager to execute an Agreement of Cooperation with Dallas County, Texas for participation in the U. S. Department of Housing and Urban Development’s Community Development Block Grant (CDBG) Program.

Click Here to View F.4. Management Report

Ms. Hallmark read the agenda caption and introduced Jim Baugh, City Manager, who presented the staff report.

Motion to approve Resolution #08-12 authorizing the Mayor and City Manager to execute an Agreement of Cooperation with Dallas County, Texas for participation in the Community Development Block Grant Program. Moved by Mayor Waddle, seconded by Councilmember Lockhart.

Vote to approve Resolution #08-12 authorizing the Mayor and City Manager to execute an Agreement of Cooperation with Dallas County, Texas for participation in the Community Development Block Grant Program. (Approved)

G. REGULAR AGENDA - Old Business

H. CITIZEN APPEARANCES

I. ANNOUNCEMENTS

Mayor Waddle announced the upcoming 4th of July joint fireworks program to be held at Lancaster Community Park.

Mayor Pro Tem Sherman announced that two of the businesses affected by last week’s fire have resumed business.

K. ADJOURNMENT

Mayor Waddle announced that Council will reconvene in Work Session to discuss Item A.4. and then move into Executive Session for the semi-annual performance review of the City Manager.

The meeting was recessed at 9:12 p.m.

WORK SESSION A.4. Discussion of the Sanitation Fund and the impact of the escalating price of diesel.

Click to View Diesel Price Information

Click Here to View PowerPoint Presentation

Mayor Waddle reconvened the meeting at 9:22 p.m.

Assistant City Manager Lynda Humble presented a PowerPoint presentation regarding diesel fuel costs.

Councilmember Williams inquired about the price of diesel when the contract was renewed.

Ms. Humble stated it was $2.40 per gallon.

Councilmember Valentine inquired if they used monies from the Sanitation Fund to cover this expense, would the City still be able to provide the other services such as street sweeper and the litter crew.

Ms. Humble stated that the Sanitation Fund has always had a healthy balance. The terms of this agreement would still allow for all services currently provided.

Councilmember Respess stated that Duncan does a great job. He asked what percentage is fuel in the total operating costs for Duncan.

Phil Miesner, General Manager for Duncan Disposal, stated it was 20%.

Councilmember Respess stated this was a risk management issue on the part of Duncan. He further stated that he didn’t like the fact that the costs were based on the highest cost for the month. He would be more comfortable with average or median cost. He suggested that Duncan examine hedging strategies for fuel and come up with a plan as there is no anticipated decrease in the cost of diesel. He went on to say that the City can stick to the letter of the contract or we can do the right thing. It is better to do the right thing than get rid of a good service partner.

Mayor Waddle adjourned the Work Session at 10:32 p.m. After a short break, the Council will convene in Executive Session.

J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

1. Executive Session: Pursuant to Texas Government Code, Section 551.074 Personnel Matters: Semi-Annual Performance Review of the City Manager.

Council convened in Executive Session at 10:37 p.m.

2. Action resulting from Executive Session regarding Personnel Matter.

Executive Session completed at 11 p.m.

No further action was taken.

Mayor Waddle adjourned the meeting at 11:01 p.m.

Jul 01, 2008 City Council Meeting 2008-07-01

Full agenda
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A. WORK SESSION

Roll Call: 7 members present, 0 members absent, 0 members excused.

Mayor Waddle called the meeting to order at 6:02 p.m.

1. Review of Master Agenda by City Manager.

2. Discussion of Regular Agenda items.

City Manager Jim Baugh reviewed the Master Agenda and items on the evening's agenda.

3. Discussion of the pilot program "The Rites of Passage" designed to intervene and correct antisocial behavior patterns in youth before such behavior becomes self-destructive criminal habit.

Click to View Rites of Passage Pilot Program Information

B. REGULAR SESSION - CALL TO ORDER

Roll Call: 7 members present, 0 members absent, 0 members excused.

Mayor Waddle called the meeting to order at 7:01 p.m.

1. Invocation by: Ouida Lee, Church of the Disciple

2. Pledge of Allegiance led by Councilmember Deshaundra Lockhart

3. Ambassador: Grady Kirkland, Police Department
Mr. Kirkland was born in Fort Hood Texas to military parents and raised in the Irving/South Dallas area. Mr. Kirkland started his career in law enforcement in 2001 as a jailer for the Dallas County Sheriff’s Department and became a peace officer for the City of DeSoto in 2004.

Mr. Kirkland enjoys weight lifting, fishing, and animals. Mr. Kirkland believes in hard work, financial stability, and early retirement.

C. PRESENTATIONS

Mayor Waddle presented a Proclamation in recognition of the 4th of July holiday.

D. CONSENT AGENDA

1. Approval of City Council Minutes

a. Regular Meeting - 03-04-08, 03-18-08, 04-01-08, 04-15-08

Click Here to View 03-04-08 City Council Meeting Minutes

Click Here to View 03-18-08 City Council Meeting Minutes

Click Here to View 04-01-08 City Council Meeting Minutes

Click Here to View 04-15-08 City Council Meeting Minutes

b. Special Meeting - N/A

2. Acceptance of Board and Commission Minutes

a. Board of Adjustment - N/A

b. Building and Standards Commission - N/A

c. Civil Service Commission - N/A

d. DeSoto Economic Development - N/A

e. Library Board - N/A

f. Park Development Corporation - N/A

g. Planning and Zoning Commission - N/A

h. DeSoto Arts Commission - N/A

i. Keep DeSoto Beautiful - N/A

j. Zoning Board of Adjustment - N/A

k. DeSoto, Texas Historical Foundation - 05-15-08

Click Here to View 05-15-08 DTHF Minutes

Ms. Hallmark listed the items submitted for consideration on the Consent Agenda.

Motion to approve Consent Agenda as presented. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to approve Consent Agenda as presented. (Approved)

E. PUBLIC HEARINGS

1. Consider Case Z-1147-08; a Specific Use Permit (SUP) for a Check Cashing Service and Loan Agency; located at 859 North Hampton Road; consisting of approximately .34 acres and containing one lot; Applicant: Cottonwood Financial; Owner: H.J. Rader; and adopting Ordinance.

Click Here to View E.1. Management Report

Ms. Hallmark read the agenda caption and introduced Linda Zombeck, Senior Planner, who presented the staff report.

Motion to open Public Hearing Moved by Councilmember Respess, seconded by Councilmember Williams.

Vote to open Public Hearing (Approved)

Motion to close Public Hearing Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to close Public Hearing (Approved)

Ms. Hallmark read the Ordinance caption into the public record.

Vote to approve Zoning Case Z-1147-08 a Specific Use Permit (SUP) for a check cashing service and loan agency located at 859 North Hampton Road. (Declined)

Motion to deny Zoning Case Z-1147-08. Moved by Councilmember Valentine, seconded by Councilmember Williams.

Vote to deny Zoning Case Z-1147-08. (Approved)

2. Consider Zoning Case Z-1150-08 to amend the City of DeSoto Comprehensive Zoning Ordinance to amend Section 36, Use Regulations; and Section 43, Supplemental Regulations regarding Pawn Shops, Replacement of Mobile Homes and to permit subdivision entry features; and adopting Ordinance.

Click Here to View E.2. Management Report

Ms. Hallmark read the agenda caption and introduced Linda Zombeck, Senior Planner, who presented the staff report.

Motion to open Public Hearing Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to open Public Hearing (Approved)

Motion to close Public Hearing Moved by Councilmember Respess, seconded by Councilmember Lockhart.

Vote to close Public Hearing (Approved)

Ms. Hallmark read the Ordinance caption into the public record.

F. REGULAR AGENDA - New Business

1. Consider a Construction Contract with ADB Utility Contractors, Inc. in the amount of $486,868.50 for the Belt Line Road Water Line Replacement Project from Hampton Road to Parks Drive.

Click Here to View F.1. Management Report

Ms. Hallmark read the agenda caption and introduced Tom Johnson, Managing Director of Development Services, who presented the staff report.

2. Consider approval of the First Amendment to the Amended and Restated Development Agreement for the Town Center Mixed-Use Project.

Click Here to View F.2. Management Report

Ms. Hallmark read the agenda caption and introduced Tom Johnson, Managing Director of Development Services, who presented the staff report.

3. Consider a Resolution establishing initial fees for the rental of the Park Pavilions at Grimes Park and Ernie Roberts Park and authorizing the establishment of the fees from time to time by administrative order of the City Manager.

Click Here to View F.3. Management Report

Ms. Hallmark read the agenda caption and introduced Renee Johnson, Managing Director of Parks and Leisure Services, who presented the staff report.

4. Consider a Resolution authorizing the Mayor and City Manager to execute an Agreement of Cooperation with Dallas County, Texas for participation in the U. S. Department of Housing and Urban Development’s Community Development Block Grant (CDBG) Program.

Click Here to View F.4. Management Report

Ms. Hallmark read the agenda caption and introduced Jim Baugh, City Manager, who presented the staff report.

G. REGULAR AGENDA - Old Business

H. CITIZEN APPEARANCES

I. ANNOUNCEMENTS

K. ADJOURNMENT

WORK SESSION A.4. Discussion of the Sanitation Fund and the impact of the escalating price of diesel.

Click to View Diesel Price Information

Click Here to View PowerPoint Presentation

Mayor Waddle reconvened the meeting at 9:22 p.m.

Assistant City Manager Lynda Humble presented a PowerPoint presentation regarding diesel fuel costs.

J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

1. Executive Session: Pursuant to Texas Government Code, Section 551.074 Personnel Matters: Semi-Annual Performance Review of the City Manager.

Council convened in Executive Session at 10:37 p.m.

2. Action resulting from Executive Session regarding Personnel Matter.

Executive Session completed at 11 p.m.

No further action was taken.

Mayor Waddle adjourned the meeting at 11:01 p.m.

Jul 01, 2008 City Council Meeting 2008-07-01

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