HomeMy WebLinkAboutJuly 13, 1989
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CITY of ANDOVER
ANDOVER PLANNING AND ZONING CO}illISSION
MEETING MINUTES
JULY 13, 1989
A specially scheduled meeting of the Andover Planning and Zoning
commission was called to order by Chairman Rebecca Pease at 7:30 P.M.,
Thursday, July 13, 1989 at the Andover City Hall Offices, 1685 Crosstown
Blvd., Andover, MN.
commissioners present included Chairman Rebecca Pease, Ron Ferris,
Bev Jovanovich, Gretchen Sabel, Don Spotts, Wayne Vistad. Also present
were Jay Blake, City Planner and d'Arcy Bosell.
Chairman Pease opened by explaining the only agenda item for this
meeting is the Continuation of the Public Hearing, Amendment to the Andover
Comprehensive Plan and Development Framework.
City Planner Jay Blake presented a brief summary of the background of
amendment and a review of his meeting with representatives from the DNR,
per citizen request of commission. His presentation included the following:
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History of project
Information on application
Background information regarding June 27, 1989 Planning and Zoning
Commission meeting and outcome of discussions with DNR
Options for the Planning and Zoning Commission in making recommendation
Discussion on Metropolitan Council action
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History of Project In late 1960's - early 1970's, the applicant, Mr. Hay,
proposed a manufactured home court for approximately 50 acres located in
Sections 29 and 30 of Grow Township (now Andover). This proposal was for
200 - 300 mobile home units based on the requirements of our mobile home
Ordinance #6. Proposed development at that time was zoned Rl, single family
residential. Mr. Hay made a request for a special use permit. While permit
to Mr. Hay was denied, Grow Township approved a similar request to another
applicant. In 1973 Mr. Hay was issued a special use permit, in compliance
with Supreme Court order. Project was not pursued for several years until
city of Andover began to expand water and sewer availability to areas
surrounding Mr. Hay's property. In 1985 Mr. Hay went to court stating city
of Andover delayed providing him with sewer and water availability. Minnesota
Court of Appeals ruled in Mr. Hay's favor, and ordered city of Andover to
make immediate application to the Metropolitan Council for approval of
extension of MUSA line. (Metropolitan Urban Service Area) This expansion
would allow the city to provide sewer and water capabilities through the
Coon Rapids interceptor. Original plan for this property was to be served
by Champlain, Anoka, Brooklyn Park (CAB) interceptor, which is not yet
available. Based on close proximity to existing interceptor, court ruled
cont 'd...
Andover Planning an~~)oning Commission
July 13, 1989 Meeting Minutes
page Two
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city of Andover must make application to Metropolitan Council to expand MUSA.
Information on Application A copy of the application was made available
to commissioners and public at the June 27 meeting. The application contains
general information, map attachments, and appendices including written comment
from the public. At June 27 meeting the application was reviewed by public
and commissioners and several text changes, as follow, were recommended.
That a specific statement be included maintaining recommendation is
being made under multiple court orders,
That developer be required to remove temporary line when CAB interceptor
becomes available,
That text define city is not advocate of project.
Mr. Blake issued the following report: On June 27, 1989, the Andover
Planning and Zoning Commission directed the Planning Department to contact
staff from the Minnesota Department of Natural Resources regarding the
potential development of a boat access for Round Lake on the property
currently owned by Bruce Hay. I contacted Larry Killeen from the Division
of Trails and Waterways.
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Mr. Killeen and Del Barber (also from the Division of Trails and
Waterways) visited the property on July 12, 1989. At that time, the Lake
Access Acquisition program was explained to me. It has several restrictions
that make it an inappropriate program for this site.
The Lake Access program may only acquire between two (2) and seven (7)
acres of property. The land must have good access to the local road system
and the property must be owned by a willing seller, as the DNR has very
limited condemnation powers.
Finally, the access must be on a lake with high recreational and/or
fishing potential. The average depth, size of the lake and water quality
make it difficult to justify this lake as a high priority for DNR development.
Both Killeen and Barber felt that Round Lake is as an excellent wildlife lake
and that a more logical site for lake access development would be at the
existing canoe/boat launch owned by the city.
Therefore, the Planning Commission should consider the Bruce Hay request
for expansion of the Andover MUSA area based on the Court decisions and not
on potential DNR development of the site.
Options Mr. Blake reports the city attorney advised Planning Commission
make every effort to review the application and include any additional new
public testimony and/or new issues and make a recommendation for approval or
denial to be presented to the city council at their 8/15/89 meeting. After
city council reviews and makes changes or additions, application will be
presented to Metropolitan Council.
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Metropolitan Council Action Metropolitan Council has declared this
application to be a major amendment to the city's comprehensive plan, and
cont'd...
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Andover Planning and Zoning Commission
July 13, 1989 Meeting Minutes
'Page Three
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will take a full 90 day review period. If Metropolitan Council receives
application by 8/20/89, their decision could be available 11/20/89.
There being no questions from commissioners, public forum was opened.
As a final note, Mr. Blake announced he was unable to obtain a DNR map
of protected wetlands, as previously requested by Ron Ferris. A citywide map
indicates DNR protected wetlands and shows that a small portion of the
southwestern portion of Mr. Hay's land is protected wetland.
Don Legge, 14417 Vintage Street N.W. stated his concern regarding the
environmental impact on his well. For protection of his own water supply
he is asking for environmental impact studies.
Chairman Pease assured Mr. Legge that environmental impact studies are
part of the development plan. Mr. Legge questioned whether environmental
impact documents will be made available to the public. Mr. Blake stated
they would be. Mr. Legge requested that a meeting be held to discuss outcom~
of environmental impact study.
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Lee warneka, 14791 Blackfoot Street N.W., presented a copy of a brochure
depicting Oakmount Terrace development sites, including sales pitch by the
developer, Bruce Hay. Copy of brochure attached to minutes. Mr. Warneka
regrets this brochure was not made available during court proceedings. His
feeling is that the court would have been influenced by this description of
a development Mr. Hay sold directly next to an area he had planned for a
mobile home park.
Dan Wiseman, 14821 Blackfoot Street, noted that Round Lake appeared to
be drying up this spring. He said there was community speculation that
someone was pumping from the lake. When this story was publicized by the
media, the lake rose to its previous level almost overnight. He questions
what effect sewage construction will have on Round Lake. Mr. Wiseman further
states if the lake capacity and quality decrease because of a mobile home
development, the city council would hold responsibility.
Mr. Blake states the DNR estimates Round Lake is down four feet because
of the dry seasons. DNR says there was no pumping from the lake. The cause
is the peat from the bottom of the lake coming up and going down, causing the
lake levels to fluctuate. The city council had requested a DNR inspection
of Round Lake. In as far as the diminished water quality, shallowness of the
lake did not provide high enough oxygen levels to sustain significant
populations of fish. In this case water quality does not refer to pollution.
Mr. Blake also pointed out there is a shoreline management ordinance that has
been in effect for many years which restricts the size of lots bordering
Round Lake.
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Mr. Vistad added that John Stein had run test holes to see if seepage
was occurring from Round Lake under Round Lake Blvd to adjoining property.
Tests confirmed this was not the case. The water table is down four feet
and rains are making up the void.
Clay Loch, 4296 145th Lane states the addition he lives in is adjacent
to proposed mobile home park. He cites the inconsistancy on Mr. Hay's part
for proposing a mobile home park while placing restricting covenants on
earlier developments. He also questioned the city of Andover's regulations
cont'd...
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Andover Planning anh-loning commission
July 13, 1989 Meeting Minutes
,Page Four
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on shoreland development.
d'Arcy Bosell addressed Mr. Loch's question by explaining that shoreland
development is a part of the Shoreland Management Ordinance. This ordinance
places restrictions on size and design of development within 1,000 feet of
the highwater mark on shoreline. The minimum lot size is 11,400 feet. A
manufactured home would be allowed on this city size lot. This ordinance
has been approved by the Commissioner of the DNR.
Lee Warneka, 14791 Blackfoot Street N.W., asked what procedure would
be for adjacent subdivisions to apply for sewer and water on same application.
Landowners would then have an option of splitting their acreage since area
would be high density.
Mr. Blake explained a petition signed by majority of homeowners
would need to be presented to city council. City Council would direct
Planning and Zoning Commission to make application to Metropolitan Council
for similar extension of MUSA line.
d'Arcy Bosell reminded residents they would not be able to utilize
Mr. Hay's line. To accomodate residents, a separate line would have to be
run through someone's property, and expense would be borne by benefited
property owners.
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Mr. Blake stated that lift stations would have to be used and cost may
be prohibitive.
Mr. Ferris clarified the following points:
City has not made change in Comprehensive Plan with regard to sewer
and water since 1987,
City does not wish to make continual requests to Metropolitan Council
for amendments to plan.
He then asked why city has not done study to determine if it would be logical
to apply for water and sewer to adjoining developments.
Mr. Blake stated the CAB interceptor is the planned hook up for other
developments. Mr. Ferris argued that if application can be made for temporary
switch to Coon Rapids interceptor for Mr. Hay it can include temporary switch
for other residents.
Mr. Warneka restated his opposition to high density development, but
noted that if it has to be, it should be done fairly.
Mr. Blake responded by saying a petition must be served to city council
requesting sewer and water. Application can be amended. However, Metropolitan
Council has the power to reduce request.
Mr. Warneka states he wants application submitted as a package.
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cont'd.. .
Andover Planning anl~ning Commission
July 13, 1989 Meeti~g-Minutes
Page Five
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Gretchen Sabel asked Mr. Blake to instruct those present on petition
process.
Mr. Blake outlined petition process as follows:
City Council must receive a listing of all property owners within
a neighborhood. With 51% of property owners agreeing to petition, a
3/5 vote of commissioners is required to pass petition. If less than
51% of property owners agree to petition, a 4/5 vote of commissioners
is required.
Gretchen Sabel
petition requires.
a subdivision would
asked Blake to define "neighborhood" in so far as
Mr. Blake suggested a group of neighborhoods within
make a strong petition.
Dave Rekucki, l4654 Guarani asked if Metropolitan Council would consider
petitions showing neighborhood opposition. Mr. Blake replied that Metropolitan
Council will accept and review petitions, but he does not know to what extent
petitions will influence decision. Mr. Blake stated that several petitions
are being included in application.
Mr. Rukucki stated that in order to install line, lake will have to be
dewatered. At present lake level, the dewatering will disturb soil pattern
and cause natural drainage.
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Mr. Ferris asked if environmental impact study will include 1500 foot
easement across Hay's property to the southeast.
d'Arcy Bosell answered that it will include all property that could be
affected by extension of sanitary sewer. She further explained that the
assessment worksheet determines whether there is a significant amount of
impact that would require further study. This worksheet goes to the Environmental
Quality Board, not the Metropolitan Council. The Metropolitan Council is,
however, included in review process. When EAW is prepared it is submitted
to Metropolitan Council and their comment is sought.
Mr. Ferris clarified that procedure with assessment worksheet begins
after Metropolitan Council has made decision on city application for amendment.
Dave Rekucki stated procedure seems backwards and asked if city could get
extension on submitting application pending an environmental study.
Mr. Blake states that such a request would likely be viewed as a stall
tactic. The Metropolitan Council and Environmental Quality Board have followed
procedure as outlined and if city tried to altar procedure it could be basis
for a lawsuit.
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Mr. Ferris noted that he doesn't see what difference procedure of events
makes, it is the end result that matters. Also, if Metropolitan Council were
to deny application as stands, it would be unjustified to have had Mr. Hay
pay for cost of environmental study. d'Arcy Bosell confirmed Mr. Ferris'
comments saying city can't require Mr. Hay to spend money on study unless
we have Metropolitan Council approval indicating possibility of sewer extension.
cont'd.. .
Andover Planning an~ning Commission
July 13, 1989 Meeting Minutes
Page six
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Herb Reinke, 4330 147th Lane, asked if environmental assessment will include
review of the impact 300 - 600 cars will have on area. Mr. Blake acknowledged
that issue would fall under such a study. d'Arcy Bosell stated a copy of the
17 page list of automatic considerations to be submitted by the regulatory
governmental unit (city of Andover) will be made available at city hall.
Lloyd Pollard, 2222 145th Lane N.W., questioned the route of the proposed
sewer line. He stated he attended several Planning and Zoning Commission
meetings two years ago about draining Deans pond and DNR would not even allow
a culvert. He asked how a sewer line could be considered for same area.
Mr. Blake stated that Deans pond is on western side of property, and
DNR regulates anything below 865.5 as far as elevation. Anything above 865.5
is high ground and non-regulated. Other wetlands in area are protected by
Army Corps of Engineers. Proposed sewer extensions are on eastern side of
property.
Mr. Pollard asked if Mr. Hay can prevent other residents from joining
application. Mr. Blake stated that final approval of application draft is
up to city council.
Mr. Pollard said in past there was a problem with capacity of sewer.
Mr. Blake replied that report by engineers estimates that capacity of
Coon Rapids interceptor far exceeds what is needed for existing development
and will serve more than adequately until CAB interceptor is available.
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Mr. John Johnson, with Merila and Associates (the conSUlting firm
retained by Mr. Hay) addressed the following issues:
Mr. Hay is anxious to move ahead with the process as outlined by staff.
Merila and Associates have reviewed the capacity and utilization of the
existing sanitary sewage system and found adequate capacity and a
significant under utilization of the existing facilities. These findings
have been submitted to city and a review by city engineers concurs with
our report. Merila and Associates find the current total system is
operating at less than 20 - 25% of existing capacity. Even upon full
development of the area with urban service area, system would be
utilizing only 50 - 60% capacity. The proposed project at 221 units
would utilize only 1 1/2 - 2%.
Proposal is yet to be worked out as it relates to sewer depths and sizes.
If a gravity line is used, it will be no more than 10 inches. If it
is a forced main from a lift station, it would be no larger than 4 - 6
inches. The depth of sewer will be limited to depth of sewer it is
connecting with. It is very unlikely that as it passes through the lower,
portions of the site it will be more than 6 or 7 feet.
Merila and Associates believe, from review of information, there are two
methods that sewer service can be extended to Hay's property:
An expansion of MUSA
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A swap of acres - Andover has acres that are not currently being developed
and may not be developed for some time. Designating those acres, and
designating area for Mr. Hay's acres would be less difficult.
cont'd.. .
Andover Planning an~ning Commission
July 13, 1989 Meeting Minutes
Page Seven
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Mr. Johnson concluded by asking the commission to complete their review and
forward recommendation to council.
Mr. Ferris asked Mr. Johnson if by "swap of acres" he was suggesting
we make a permanent connection to the Coon Rapids interceptor for Mr. Hay's
property and swap off acreage that might connect there later to the CAB
interceptor.
Mr. Johnson explained he is suggesting that in a temporary fashion,
areas that are currently within the Coon Rapids interceptor service area, could
be designated as not being serviced until the CAB is constructed and the
switch is made. Jay Blake then stated there is only one property that does
not have a preliminary plat, however it does have a sketch plan that has been
reviewed by the city council. That development is on hold at this time.
It is anticipated that the Planning and Zoning commission will be asked to
review. Therefore, a swap cannot be done.
Commissioner Vistad stated the city has a minimum size requirement of
4 inch pipe for a single family. How can 200 households use a 4 inch pipe?
Mr. Johnson explained there are a number of factors that will affect
outcome of this project. The difference in pipe sizes are a function of whether
the line is a gravity line, where the water flows by running downhill through
the pipe, versus a forced main, where water is pumped through pipe.
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Commissioner Ferris made a MOTION to close the public hearing.
Second by Commissioner Spotts. MOTION passed.
Mr. Ferris examined the concept of adding other neighborhoods to
application. He recommends making one application to the Metropolitan Council
combining Hay's request with neighborhood request. Jay Blake confirmed that
the Planning and Zoning Commission must make recommendation to city council
within 60 days of close of public hearing. This time frame would allow
neighborhoods to gather petition, if they decide to do so. The petition must
be presented directly to city council, which will in turn refer request back
to Planning and Zoning Commission for this plan amendment.
d'Arcy Bosell reminded commissioners the city council agenda is closed
for the July l8 meeting and the following council meeting is 8/01/89. Mr. Ferris
stated that a petition could be presented during the residents forum of the
7/18/89 meeting; to go on the agenda for the 8/0l/89 meeting. Jay Blake
determined if the petition was received by the city by July 21, it can be
placed on the agenda for the 8/01/89 meeting.
MOTION by Ron Ferris as follows:
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Based solely upon the Minnesota Supreme Court ruling of 1973 and the
Minnesota Appeals Court decision of February 27, 1989 I recommend that
the Andover Planning and Zoning Commission recommend to the Andover
City Council approval of expansion of it's Urban Service Area to allow
for the construction of a manufactured home park of the S.E. 1/4 of the
N.E. 1/4 of Section 3D, Township 32, Range 24 Anoka County, Minnesota
and that part of the S. 84 Rods of GOVT LOT 1, Section 29, Township 32,
Range 24 Anoka County lying northerly of the following described line
commencing at the S.W. corner of said government lot 1 then North
45 degrees 00 minutes west to the shore of Round Lake and there
terminating. Property address 147th Avenue and 7th Avenue.
cont'd.. .
Andover Planning an~Jning Commission
July 13, 1989 Meeting Minutes
Page Eight
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This expansion would add approximately 80 acres to the Urban Services Area.
The proposed manufactured home park would have approximately 220 units.
A temporary change of interceptor area from CAB to Coon Rapids is recommended
based upon the condition that the developer pay the expense to connect
to the Coon Rapids interceptor, approximately 1500 feet away and that
all applicable easements for this connection be granted and upon availability
of the CAB interceptor the developer, at his expense, will connect to
that interceptor and remove all temporary interceptor connection lines.
The engineering analysis of the Coon Rapids interceptor as presented
by Merila and Associates (1/06/88) and verified by TKDA has shown that
the Coon Rapids interceptor can accomodate the anticipated flow from
the Manufactured home park.
A public hearing was held by the Andover Planning and Zoning Commission
on June 27, 1989 and continued on July 13, 1989. Considerableopposition
was voiced by residents regarding the expansion of the Urban Service
Area for the purpose of construction of a manufactured home park. As
a result of this input the following changes have been made to the
"Information Submission for Major Comprehensive Plan Amendment":
A. The general infomation section now states "this amendment is
being made as a result of multiple court actions" and "the
city will require that the developer remove the temporary line
when the CAB becomes available."
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B. Impact on Housing section, section A was modified to remove
reference to "provide additional low income housing."
C. Implementation Program section, section A was modified to "remove
a proposed change in zoning from Rl to R5."
Other concerns including repair of easement property, failure of the
development, environmental impact studies, DNR wetlands, Amy Corps of
Engineers wetlands and drainage studies would be considered as part of
the developer's "development plan."
The expansion of the Urban Services Area is not in hamony with the
general purpose and intent of the city's comprehensive plan.
As the expansion of the Urban Services Area is solely to accomodate
development of a manufactured home park, it is felt that approval will
have a negative impact on property values in the surrounding area.
Furthemore, the increased traffic pattern on Anoka County Highway 7
will have a negative effect on vehicle and pedestrain traffic.
This recommendation will be reviewed by the city council on August IS, 1989.
If approved, it would then be submitted to the Metropolitan Council for
review and acceptance or rejection on or before November 20, 1989.
cont 'd...
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Planning and ZOning~ffimiSSiOn
July 13, 1989 Meeting Minutes
,Page Nine
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Second to MOTION by Don Spotts. Gretchen Sabel requested first paragraph
of MOTION be amended to include mention of Comprehensive Plan Amendment.
Commissioner Spotts made following amendment to first paragraph of MOTION:
Based solely upon the Minnesota Supreme Court ruling of 1983 and the
Minnesota Appeals Court decision of February 27, 1989 I recommend that
the Andover Planning and Zoning Commission recommend to the Andover
City Council approval of an amendment to the Comprehensive Plan known
as the 1989 Andover Comprehensive Plan Amendment, for expansion of it's
Urban Service Area to allow for the construction of a manufactured home
park .... continue with legal description
Chairman Pease asked commissioners for a vote on recommendation of
approval to amendment for Comprehensive Plan.
Commissioners voting to approve are Rebecca Pease, Gretchen Sabel and
Don Spotts. Commissioners opposed are Ron Ferris, Wayne Vistad and
Bev Jovanovich.
The application will go to city council on 8/15/89 with no recommendation
from Planning and Zoning Commission.
Gretchen Sabel made a MOTION to adjourn. Second by Ron Ferris. Meeting
adjourned at 10:20 P.M.
Respectfully submitted,
Theresa Hogan
a&akmount
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ANDOVER, MINNESOTA
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A very unique and heautifu: area with choice home sites (approx. 1 acre)
located in South West Ando'l,er, 1\Ilinnesota.
Oakmount Terrac~ is truly c;:mceived for those who desire the ultimate
in seduded countr:' Jiving. Ycu can commune with nature with all its en-
joyment and satisfaciion and siill are so close to everything. Its only 5
minutes to downtown Anoka and 25 minutes to downtown Minneaooiis.
.
Oakmount Terrac~ will, we predict, be sold out quickly because it will in-
stantly appeal to the discriminating who are seeking the most ideal location
for their dream home.
Convenants written to insure the quality of this "one of a kind" location
of home sites are included.
Please read our distinctive :::rnchure which shows site locations and
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The Oakmount Terrace area offers an active community life, built
around an excellent school system, churches of many denominations and
many sodal, service and cultural organizations.
We arE: helping to preserve the areas beauty by providing underground
electric and telephone services to each homesite. Natura! gas wi!! also be
avaHabie for your economic convenience.
There are many well recommended contractors in the Oakmount
Terrace area with whom you can work when you are ready to buiid your
home.
We wiH be more than happy to work with you in any war we can to make
your purchase a completely happy one.
(0akmount ~errace is'
~eing ~ffereb C!Exdusibelp
bp tbe l!1ebeloper
. Bruce B. Hay
39 - North Oaks Road
St. Paul, Minnesota 55110
(612) 484-5070 - 571-5019
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