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2019-04-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 8, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order 6:33 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember Councilmember Deputy City Manager Deputy City Attorney City Secretary Tom Reid Trent Perez Tony Carbone Derrick Reed Adrian Hernandez Gary Moore Woody Owens Jon Branson Lawrence Provins Young Lorfing Absent: Councilmember J. David Little Others in attendance: Daniel Baum Assistant Chief — Administrator, Matt Buchanan President of EDC, Roland Garcia Assistant Chief - Community Risk Reduction, Michelle Graham Director of Human Resources, John McDonald Director of Community Develgpment, John McCarter Budget and Procurement Manager, Chris Orlea Director of Parks and Recreation, Cynthia Pearson Director of Finance, Kim Sinistore Executive Director CVB, Robert Upton Director of Engineering and Capital Projects, Clarence Wittwer Director of Public Works, Andrea Brinkley Assistant Director of Public Works, Joel Hardy Grants - Special Projects Administrator, Skipper Jones Assistant Director of Capital Projects, Joshua Lee Communications Director and Daniel McGhinnis Chief Information Officer. The invocation was given by Councilmember Owens and the Pledge of Allegiance was led by Deputy City Manager Jon Branson. ROLL CALL: Mayor Reid, Mayor Pro -Tem Perez, Councilmembers Carbone, Reed, Hernandez, Moore and Owens. CITIZEN COMMENTS: Melissa Washington, 2903 Amber Hill Trail, addressed Council and spoke about Texas Land Office Commissioner Bush's and her day traveling to meet with citizens to provide keys to newly rebuilt homes that suffered damage during Hurricane Harvey. Kelly Moody, 3708 Pine Bark Ct, addressed Council and presented the annual report for the Pearland Forever Parks Foundation. PUBLIC HEARING: Mayor Reid called the Public Hearing to order at 6:43 p.m. Page 1 of 12 2nd Docketed Public Hearing - Voluntary Annexation of approximately 13.0904 acres generally located at 7409 Bailey Road. STAFF REVIEW: Grants — Special Projects Administrator Joel Hardy presented on the Voluntary annexation of address 7409 Bailey Road. CITIZEN COMMENTS: None COUNCIL/STAFF DISCUSSION: None ADJOURNMENT OF THE PUBLIC HEARING: Mayor Reid adjourned the Public Hearing at 6:46 p.m. CONSENT AGENDA: A. Approval of minutes of February 25, 2019, Regular Meeting held at 6:30 p.m. Approval of minutes of March 4, 2019, Regular Meeting held at 6:30 p.m. Approval of minutes of March 18, 2019, Joint Special Meeting held at 6:30 p.m. B. Consideration and Possible Action - Resolution No. R2019-85 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for Public Works chemical reagents, instrumentation and supplies to USA Bluebook, in the estimated amount of $165,616.00, beginning April 22, 2019 through April 21, 2020. C. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1572 - An Ordinance of the City council of the City of Pearland, Texas, abandoning a portion of certain right-of-way and easements (CR 89 south of FM 518) recorded in the plat records of, Brazoria County, Texas, within the corporate city limits of Pearland, Brazoria County, Texas; having a savings clause and a severability clause; and providing for an effective date. D. Consideration and Possible Action - Resolution No. R2019-102 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for the purchase of office supplies with Staples Advantage, in an amount not to exceed $150,000.00, for the period of April 10, 2019 through April 09, 2020. E. Consideration and Possible Action - Resolution No. R2019-103 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for bunker gear cleaning inspections and repair services to SMG Fire Center, in the estimated amount of $110,000.00, for the period of April 9, 2019 through April 8, 2020. F. Consideration and Possible Action - Excuse the Absence of Councilmember Adrian Hernandez from the Regular Council Meeting held on March 25, 2019. Page 2 of 12 G. Consideration and Possible Action - Resolution No. R2019-98 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for landscape maintenance services (water production, water reclamation and lift station grounds) to Cornerstone Maintenance and Landscaping, in the estimated amount of $91,660.80 for the period of April 18, 2019 through April 17, 2020. H. Consideration and Possible Action - Resolution No. R2019-68 - A Resolution of the City Council of the City of Pearland, Texas, awarding a sole source purchase of Nova Disc Filter repair services associated with the Barry Rose Water, Reclamation Facility, in the estimated amount of $128,500.00, to Vision Equipment, LLC. for the period beginning May 1, 2019 through April 30, 2020. I. Consideration and Possible Action - Resolution No. R2019-18 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for construction management and construction inspection services with Freese and Nichols, Inc., for the Green Tee Trail Project, in the amount of $164,401.00. Councilmember Carbone made the motion, seconded by Councilmember Moore to adopt Consent Agenda Items A through I with the exception of E as presented on the Consent Agenda. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Moore and Owens. Voting "No" None Motion passed 6 to 0 with Councilmember Little absent. MATTERS REMOVED FROM CONSENT AGENDA: E. Consideration and Possible Action - Resolution No. R2019-103 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for bunker gear cleaning inspections and repair services to SMG Fire Center, in the estimated amount of $110,000.00, for the period of April 9, 2019 through April 8, 2020. Councilmember Carbone made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-103. City Manager Clay Pearson stated this is a contract for heavy duty bunker gear cleaning inspections and repair services. Conversation ensued between Councilmember Carbone and Fire Logistics Supervisor Rachel Darrow regarding total care of the Fire Department equipment and the contractors for those services. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little and Owens. Voting "No" None Motion passed 6 to 0 with Councilmember Little absent. Page 3 of 12 NEW BUSINESS: Consideration and Possible Action - First Reading of Ordinance No. 1573 - An Ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (approximately 13.0904 acres located at 7409 Bailey Road); containing an effective date and other provisions related to the subject; and providing a savings and severability clause. Councilmember Reed made the motion, seconded by Councilmember Moore to adopt Ordinance No. 1573. City Manager Clay Pearson stated this is for the property discussed in the Public Hearing located at 7409 Bailey Road. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little and Owens. Voting "No" None. Motion passed 6 to 0 with Councilmember Little absent. Consideration and Possible Action - First Reading of Ordinance No. 2000M-183 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, Being a 3.1988 acre tract of land situated in the HT&B. RR Co Survey, Abstract No. 547, Brazoria County, Texas, being a portion of Lot 12, Section 18, of the Kanawha Texas Company Subdivision of parts of Sections 18 & 22 of the HT&B RR Co Surveys, as recorded in Volume 2, Page 51, Plat Records of Brazoria County, Texas, being a portion that certain tract of land described in deed to Norman W. Hicks, Sr. and wife, Shelia Hicks, as recorded in Volume 91865, Page 818, Official Records of Brazoria County, Texas (O.R.B.C.T.). (East of Charles Avenue, west of the Pearland ISD West Bus Barn, north of the intersection of Bailey Road and CR 101C, with an approximate address of 7409 Bailey Road.) Zone Change Application No. ZONE 18-00023, a request by Spencer Marston, applicant, on behalf of Norman W. Hicks, Sr. and Shelia Hicks, owner; for approval of a zone change from the interim zoning classification of Suburban Development (SD) Zoning District to Neighborhood Service (NS) Zoning District; on approximately 3.1988 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro -Tem Perez made the motion, seconded by Councilmember Moore to adopt Ordinance No. 2000M-183. City Manager Clay Pearson stated this Ordinance is to approve a zone change from the interim zoning classification of Suburban Development (SD) Zoning District to Neighborhood Service (NS) Zoning District for address 7409 Bailey Road. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little and Owens. Page 4 of 12 Voting "No" None Motion passed 6 to 0 with Councilmember Little absent. Council Action - Resolution No. R2019-101 - A Resolution of the City Council of the City of Pearland, Texas, amending a Construction Manager at Risk contract for the Fire Station No.8 Project with Durotech, in the additional amount of $7,287,585.00 for a Guaranteed Maximum Price of $7,725,499.00. Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-101. City Manager Clay Pearson stated this is an amendment to the Construction Manager at Risk contract and sets a maximum contract price. Councilmember Moore asked staff why a diesel generator was chosen instead of a natural gas generator. Director of Engineering and Capital projects Robert Upton stated Facilities is looking into having a diesel refueling station added at Reflection Bay which would make fuel readily available. Conversation ensued between Councilmember Owens and Director of Engineering and Capital Projects Robert Upton regarding who holds the contract for this project and discussed the set maximum price if there is an issue with the contract. Voting "Aye" Councilmember Carbone, Reed, Hernandez, Little and Moore. Voting "No" None. Motion passed 6 to 0 with Councilmember Little absent. Council Action - Resolution No. R2019-97 - A Resolution of the City Council of the City of Pearland, Texas, awarding a Construction Manager at Risk contract for the Surface Water Treatment Plant Project to Pepper Lawson, in the amount of $1,092,320.00 for pre -construction services. Councilmember Moore made the motion, seconded by Councilmember Hernandez to approve Resolution No. R2019-97. City Manager Clay Pearson stated this will award a contract for Construction Manager at Risk to Pepper Lawson for the Surface Water Treatment Plant. Conversation .ensued between Mayor Pro -Tem Perez and Director of Engineering and Capital Projects Robert Upton regarding what will happen in Phase One and Phase Two of the project. Councilmember Moore stated this project will service Pearland greatly in the future and will put Pearland ahead of other cities when water is needed for its residents. Page 5 of 12 Councilmember Carbone stated the City is already in the negative financially on this project and asked staff how those funds will be obtained. Director of Engineering and Capital Projects Robert Upton stated the City has met with the Texas Water Development Board to look at ways to adjust the City's loan. Mayor Reid stated this is an important project for the City and other cities are having issues with potable water and this will help the residents of Pearland. Councilmember Owens asked staff if the water being purchased from Houston will no longer be needed when this Plant is built. Director of Engineering and Capital Projects Robert Upton stated the City has a take or pay contract with the City of Houston and once this plant is built it will allow the City to renegotiate the contract on an Emergency need basis. He further stated the City will still need the contract with the City of Houston for the Southeast Treatment Plant. Voting "Aye" Councilmember Carbone, Perez, Hernandez, Little and Owens Voting "No" None Motion passed 5 to 0 with Councilmember Little absent and Councilmember Reed absent from the Chambers. Consideration and Possible Action - First Reading of Ordinance No. 2000M-181 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No: 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, Being a 22.86 acre tract of land out of a portion of Lots 28, 33, and 39 of W. Zychlinski's Subdivision, recorded in Volume 29, Page 41, of the Brazoria County Deed Records, located in the H.T. & B. R.R. Co. Survey, Abstracts 232 and 542, Brazoria County, Texas. (southwest corner of North Main Street and Rice Drier Road) Zone Change Application No. ZONE 19-00003, a request by Presidio Equities, LLC, applicant and owner; for approval of amendment to the Rice Drier Commerce Park Planned Development District regulations regarding the minimum building size; on approximately 22.86 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Owens made the motion, seconded by Councilmember Moore to adopt Ordinance No. 2000M-181. City Manager Clay Pearson stated this is for approval of an amendment to the Rice Drier Commerce Park Planned Development District regulations regarding the minimum building size. Voting "Aye" Councilmember Carbone, Perez, Hernandez, Little and Owens. Voting "No" None. Page 6 of 12 Motion passed 5 to 0 with Councilmember Little absent and Councilmember Reed absent for the Chambers. Consideration and Possible Action - First Reading of Ordinance No. 2000M-182 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, Lot C, Block 1 of the Kingsley Retail Addition, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in File No. 2018048675 in the Plat Records of Brazoria County, Texas. (3100 block of Kingsley Drive) Zone Change Application No. ZONE 19-00002, a request by Steve Hextell, BROP, LLC, applicant, on behalf of Pei Nan Tsou, representing Beltway 23 LTD, owner; for approval of an amendment to the regulations of the Kingsley & Broadway Planned Development District; on approximately 9.20 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Carbone made the motion, seconded by Councilmember Moore to adopt Ordinance No. 2000M-182. City Manager Clay Pearson stated this is for an amendment to the regulations of the Kingsley and Broadway planned Development located on the 3100 block of Kingsley Drive. Planning Manager Martin Griggs provided a brief overview of the scope and area of the project. Voting "Aye" Councilmember Carbone, Perez, Hernandez, Little and Owens. Voting "No" None. Motion passed 5 to 0 with Councilmember Little absent and Councilmember Reed absent from the Chambers. Consideration and Possible Action - First Reading of Ordinance No. 1570-1 - An Ordinance of the City Council of the City of Pearland amending Chapter 30, Utilities, of the City Code of Ordinances by amending Article VI, Illicit Discharge Prohibitions; having a savings clause, a severability clause, a penalty clause and a repealer clause; providing for publication, codification, and an effective date. Mayor Pro -Tem Perez made the motion, seconded by Councilmember Moore to adopt Ordinance No. 1570-1. Deputy City Attorney Lawrence Provins stated this would amend Chapter 30, Article VI to make it more understandable. Voting "Aye" Councilmember Carbone, Perez, Hernandez, Little and Owens. Voting "No" None. Page 7 of 12 Motion passed 5 to 0 with Councilmember Little absent and Councilmember Reed absent from the Chambers. Council Action - Resolution No. R2019-100 - A Resolution of the City Council of the City of Pearland, Texas, authorizing an expenditure of the Pearland Economic Development Corporation, in the amount of $404,700.00, with Kimley-Horn and Associates, Inc. for planning services associated with the Broadway Corridor Development Plan. Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-100. City Manager Clay Pearson stated this is requesting authorization to move forward with planning services associated with the Broadway Corridor Development Plan using Pearland Economic Development Corporation (PEDC) funds. Conversation ensued between Councilmember Carbone and Director of PEDC Matt Buchanan regarding quotes and the process to finding the contractor chosen. Mayor Pro -Tem Perez asked staff how far along the Texas Department of Transportation (TxDOT) is in the design of Farm to Market Road 518. Director of Engineering and Capital Projects Robert Upton stated TxDOT just started its environmental process and funding is available, a design Engineer is being looked for. He further stated the project could begin in approximately three to four years. Mayor Pro -Tem Perez asked staff if this is too early for Council to be reviewing this proposal without a design and how would beautification be determined. Director of Engineering and Capital Projects Robert Upton this would be the perfect time so that staff could work with TxDOT during the design phase and provide ideas. Mayor Pro -Tem Perez stated it would be better to hold off on spending money on beautification if the City is not sure where the Right of Way will fall and should be held up until after a 30% design concept is done. City Manager. Clay Pearson stated this is the right time to get out in front of this project and the City should not hold off until a time when input from the City is not accepted. Director of Engineering and Capital Projects Robert Upton stated the City is wanting to get ahead of the curve before the design is done so that change orders don't need to be done. Councilmember Little stated in the proposal it shows access will be determined based on business type and land use, he further asked staff if the City will have a say in the esplanades that are put in that area. President of EDC Matt Buchanan stated now is the opportunity to have input and influence in TxDOT's process. Page 8 of 12 Councilmember Little stated if the City has a chance to review design concepts prior.to the final design, the City should do that now instead of later. Councilmember Hernandez stated TxDOT had Hearings on the project for Farm to Market Road 518 and the project is not moving forward. He further asked staff if there is a chance this project does not happen. City Manager Clay Pearson stated the funds are already there and the project is as certain as it can get, there are no foreseeable issues. Mayor Reid stated Highway 35 needs to be upgraded and this is the first chance to do that and get in on the ground floor to make suggestions so that the City can get what is wanted. Councilmember Owens asked staff if the City will be able to design the entrances on Farm to Market Road 518 or is TxDOT taking that decision on. Kimley-Horn Associates Representative Mike Feeney addressed Council and stated TxDOT's designs will be looked at to make sure that there is access to the businesses. He further stated Kimley-Horn and Associates is looking at developing the corridors full potential. Councilmember Owens states he is understanding from outside sources that the funds are not there with TxDOT for this project and funding is pending. He further stated the City does not know what the Right of Way is, what the Right of Way alignment is and what the laterals are from the storm sewer. Kimley-Horn Associates Representative Mike Feeney stated some of the drainage utilities along the corridor are being looked at and the City would want to be in on the process right now so that there can be an influence of the design. Director of Engineering and Special Projects Robert Upton stated the Houston Galveston Area Council Transportation Committee approved this project to be added to the list of TxDOT projects. Conversation ensued between Councilmember Owens and Kimley-Horn Associate Mike Feeney regarding the timing of this proposal and the advantages of the City getting in on the schematic phase of the design. Councilmember Reed stated the City is getting into this too early and stated that Kimley-Horn was the only firm to respond to this bid and there should be more competition. He further stated it is too early to approve such a large amount when it can be tabled and brought back up later so costs don't begin accumulating. Mayor Pro -Tem Perez stated it is too early in the process and hard to visualize the additions the City is asking TxDOT to include. He further stated that a packet explaining what the City is asking for along with more information on examples from Kimley-Horn regardining when this approach has been successful in other instances with TxDOT. Page 9 of 12 Kimley-Horn Associate Mike Feeney provided an example of a project Kimley-Horn has worked on in a surrounding area and its level of success with project design. Councilmember Hernandez stated Kimley-Horn representative Mike Freeney stated his firm was approached by Pearland Economic Development Corporation for this projects and asked Kimley- Horm Representative Mike Freeney to clarify the timeframe his firm was asked to bid for this project. Director of Engineering and Capital Projects stated PEDC put out a Request for Proposal and Kimley-Horn was chosen to move forward. Councilmember Owens asked staff if TxDOT has been contacted to see if they are open to the City submitting design proposals at this time. Director of Engineering and Capital Projects Robert Upton stated TxDOT has not been contacted to gauge whether they are open to the City submitting design proposals because staff wants to get the suggestions together before presenting to TxDOT. Councilmember Owens stated staff needs to have a discussion with TxDOT to make sure TxDOT is open to the design proposals prior to this being presented. Mayor Pro -Tem Perez made the motion, seconded by Councilmember Owens to table the Resolution until staff can provide more information and have a discussion with TxDOT. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Moore and Owens. Voting "No" None. Motion to table passed 6 to 0 with Councilmember Little absent. Council Action - Resolution No. R2019-96 — A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for electrical services (maintenance and repairs of Public Works Facilities) with Boyer Inc., in the estimated amount of $500,000.00, beginning April 30, 2019 through April 29, 2020. Councilmember Reed made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-96. City Manager Clay Pearson stated this is a renewal for electrical services with Boyer Inc and staff has been happy with previous work. Councilmember Carbone asked staff to explain why the vendor was selected from a cost perspective. Director of Public Works Clarence Wittwer stated this is an area of high expertise and Boyer Inc has performed well when the City has needed them on both a regular and emergent basis. He Page 10 of 12 further stated it is not cost effective for the City to keep an electrical staff on payroll to deal with these issues and even at that the equipment is so specialized it requires expertise. Assistant Director of Public Works Andrea Brinkley stated the other vendor did not have the proper certifications in place and Boyer Inc possesses the Master Electrical licenses that the City requires. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Moore and Owens. Voting "No" None. Motion passed 6 to 0 with Councilmember Little absent. Consideration and Possible Action - Resolution No. R2019-77 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for cleaning services (City Facilities) with A & A Cleaning Services, in the estimated amount of $375,753.00, beginning April 24, 2019 through April 23, 2020. This item was removed to a future Council meeting prior to the start of this Regular Meeting. Council Action - Resolution No. R2019-99 - A Resolution of the City Council of the City of Pearland, Texas, accepting the Master Drainage Plan Report prepared by Halff and Associates in cooperation with Brazoria Drainage District No. 4. Mayor Pro -Tem Perez made the motion, seconded by Councilmember Moore to approve Resolution R2019-99. City Manager Clay Pearson stated this will approve the Master Drainage Plan Report compiled by Halff and Associates in cooperation with Brazoria Drainage District No. 4. Halff and Associates Representative Terry Barr made a presentation to Council regarding the findings and improvements recommended for the Master Drainage Plan. Mayor Reid asked Halff and Associates Representative Terry Barr if there was a chance to address the issues this drainage plan will cause to Clear Creek. Hallf and Associates Representative Terry Barr stated as the improvements were looked at the impacts to Clear Creek were considered and the long range effects were taken into consideration. Mayor Reid asked Halff and Associates Representative Terry Barr if there are plans to use this Drainage Plan on Clear Creek due to the flooding it caused during Hurricane Harvey. Hallf and Associates Representative Terry Barr stated there is an ongoing Federal Project currently and Hurricane Harvey funding has been issued for that project. Councilmember Owens asked staff if all of the drainage from Farm to Market Road 518 (FM518) is going into Hickory Slough. Page 11 of 12 Director of Engineering and Capital Projects Robert Upton stated FM 518 drains to both Hickory Slough and Mary's Creek. Councilmember Moore asked Halff and Associates Representative Terry Barr if this report includes the work that has already been done off Wagon Trail Road and future plans for that area. Halff and Associates Representative Terry Barr stated the Master Drainage Plan presented is a broad overview and major changes are being looked at and that was not evaluated. Conversation ensued between Mayor Pro -Tem Perez and Halff and Associates Representative Terry Barr regarding why certain channels were elected to not be included in the 100 year level of service. Mayor Pro -Tem Perez asked staff to expand on this report to include pipe conveyance and if future Capital Improvement Projects can be done to alleviate flooding to be presented to Council. Voting "Aye' Councilmember Carbone, Reed, Perez, Hernandez, Moore and Owens. Voting "No" None. Motion passed 6 to 0 with Councilmember Little absent. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 8:00 p.m. Minutes approved as submitted and/or corrected this the 10th day of June, A.D., 2019. Tom Reid Mayor ATTEST: 1.e�...... % o: t&�ea &ng Lorfi�_ Secretary ,. 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