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HomeMy WebLinkAboutCC MINUTES 05281991 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101372 Box: 19 Folder: CC MINUTES AND AGENDAS 1991 Document: CC MINUTES 05281991 • CITY OF ST. ANTHONY CITY COUNCIL MEETING MINUTES May 28, 1991 1 2 I. CALL TO ORDER. 3 4 The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance led by 5 Mayor Ranallo. 6 7 II. ROLL CALL. 8 9 Present:, Ranallo, Enrooth (7:32 p.m.), Fleming,, 10 Marks, Wagner. 11 12 Also Present: Thomas Burt, City Manager 13 James Gondorchin, Planning Commissioner 14 David M. Urbia, Management Assistant 15 16 III. APPROVAL OF MAY 28, 1991 CITY COUNCIL AGENDA. 17 18 Motion by Marks, seconded by Wagner, to approve the May 28, 1991 City 19 Council meeting agenda. .20 21 Motion carried unanimously. 22 23 IV. APPROVAL OF MAY 14, 1991 CITY COUNCIL MINUTES. 24 25 Page 9, Line 2: Substitute "City" for "City's Village Fest."- 26 27 Motion by Marks, seconded by Fleming, to approve the minutes of the May 14, 28 1991 City Council meeting as amended. 29 30 Motion carried unanimously. 31 32 V. LICENSES/PERMITS/PETITIONS. 33 34 Motion by Marks, seconded by Wagner, to approve the following licenses and 35 permits: 36 37 General Contractors: 38 Decks, Etc., Minneapolis, MN 39 Standard Water Control Systems, Inc., Crystal, MN 40 Sela Roofing & Remodeling, Inc., Minneapolis, MN W442 1 CITY COUNCIL - MAY 28, 1991 Page 2 1 Heating License: 2 Flare Heating & Air Conditioning, Inc., Golden Valley, MN 3 4 Motion carried unanimously. 5 6 Motion by Enrooth, seconded by Wagner, to approve the following licenses: 7 8 3.2 Temporary Beer Licenses: 9 Craig Dormanen, 3221 Edgemere Avenue NE, Central Park, Company Picnic, 10 June 8, 1991. 11 Patricia Fagerlee, 3407 Croft Drive NE, Central Park, Family Picnic, June 1, 12 1991. 13 14 Aye: Enrooth, Fleming, Ranallo, 15 Wagner. 16 Nay: Marks 17 18 Motion carried. 19 20 VI. PRESENTATION OF CLAIMS. 21 A. Rieke Carroll Muller Associates, Inc. - $202.80. X23 24 Motion by Marks, seconded by Ranallo, to approve payment. 25 26 Motion carried unanimously. 27 28 B. Barr Engineering Company - $2,747.26. 29 30 Mayor Ranallo asked what the source of funds is for this expenditure. City 31 Manager Burt responded that money is currently set aside for it as a public 32 works project. If that fund is insufficient, the money will come out of the 33 reconstruction fund. 34 35 Motion by Wagner, seconded by Marks, to approve payment. 36 37 Motion carried unanimously. 38 39 C. Road Rescue, Inc. - $69,154.00. 40 41 In response to a question by Mayor Ranallo, City Manager Burt responded that 42 this item's final cost is less than the budgeted amount, and that delivery is • CITY COUNCIL - MAY 28, 1991 Page 3 • 1 expected next week. 2 3 Motion by Marks, seconded by Enrooth, to approve payment. 4 5 Motion carried unanimously. 6 7 D. Maier Stewart & Associates - $1.620.29. 8 9 Motion by Marks, seconded by Fleming, to approve payment. 10 11 Motion carried unanimously. 12 13 E. Verified Claims. 14 15 Motion by Marks, seconded by Enrooth, to approve payment of the verified 16 claims. 17 18 Motion carried unanimously. 19 20 VII. REPORTS. 21 •22 A. Planning Commission - May 21, 1991. 23 24 Commissioner James Gondorchin represented the Planning Commission 25 at this meeting of the City Council. He stated that Mayor Ranallo had 26 addressed the Planning Commission at its most recent meeting on the topics of 27 the Comprehensive Plan, Silver Lake rezoning, and the status of Apache mall. 28 29 Commissioner Gondorchin reported that the Commission's first item of 30 business was a request for a subdivision without platting for Advance Design 31 on 32nd Avenue Northeast. The Planning Commission with staff recommended 32 that the request be approved provided that the grading issue is resolved; 33 proper legal description be provided; and that the existing structure be 34 removed. Citizens attending the meeting expressed concerns about the utility 35 easement and the fact that the lot lines seemed to have been moved after the 36 initial survey. City Manager Burt had agreed to investigate those issues. One 37 resident had appeared in support of the request and stated that he felt new 38 homes would enhance the neighborhood. 39 40 The second item of Commission business was a request by Advance 41 Design for a setback variance from 75 feet to 68 feet. The Commission 42 supported the staff's recommendation with the assurance that City Manager 0 CITY COUNCIL - MAY 28, 1991 Page 4 • 1 Burt would investigate the survey of the lot lines and any existing monuments. 2 3 City Manager Burt informed the Council that all the designated pins have been 4 located on the disputed property line, and that Advance Design has agreed to 5 resurvey the property so that the building plans will be completely accurate. 6 7 City Manager Burt stated that there are no utility easements because the utilities 8 are strung by above- ground cable. He also noted that staff recommended that 9 the building permit be granted only on the stipulation that Advance Design 10 maintain the vacant lot, because the grass is now knee-high. 11 12 13 Burt added that the Commission's recommendation for approval was 14 contingent upon the fact that no other variances would be needed and that all 15 other setback variances be met by Advance Design. He informed the Council 16 that a variance must be requested for this property because, although the rest 17 of the neighborhood is platted at a 68-foot setback, new zoning requires a 75- 18 foot setback. 19 20 Motion by Marks, seconded by Wagner, to approve the request of Advance 21 Design, Inc. for approval of subdivision without platting for Lot 12, Block 1 �22 Bonnie-View Heights Addition, the parcel located in the 3100 block of 32nd 3 Avenue N.E. and extending to Townview Avenue; in order to split the 68' X 24 298.3' parcel into two single-family lots of approximately 68' X 134.5' each; 25 contingent upon Advance design removing the existing home, that the property 26 be maintained by regularly cutting the grass, that grading be done to assure 27 adequate property drainage, and that the proper legal description be provided. 28 29 Motion carried unanimously. 30 31 Motion by Marks, seconded by Enrooth, to approve the request of Advance 32 Design, Inc. for a setback variance from 75 feet to 68 feet at 3109 Townview 33 and 3108 32nd Avenue from 75 feet to 68 feet; noting that the neighboring area 34 is entirely platted at 68 feet, and that it was a fully developed area before the 35 75-foot zoning ordinance was enacted. 36 37 Motion carried unanimously. 38 39 Commissioner Gondorchin continued with his report, stating that the 40 third item of Commission business was a general discussion regarding the 41 proposed residential lake ordinance affecting Silver Lake and the creation of a 42 separate zoning district for the homes surrounding the lake. Various topics • CITY COUNCIL - MAY 28, 1991 Page 5 • 1 covered were hours of lake use, construction, and square footage 2 requirements. Mayor Ranallo noted that the current zoning ordinances are very 3 cumbersome to work with, and that lake residents require variances when 4 making change to their property more frequently than do other city residents. 5 This is further complicated by restrictions of the DNR and the Rice Creek 6 Watershed District. 7 8 City Manager Burt stated that the ad hoc group formed to study the special 9 issues of the Silver Lake area is making very good progress and that their 10 second draft of the proposed ordinance is before the Council this evening. 11 12 In a related vein, Mayor Ranallo noted that a review of the City Council minutes 13 from past years revealed that revision of the comprehensive plan was 14 recommended by motion to the Planning Commission in the late '70s, but that 15 no further action was taken at that time. 16 17 B. Council. 18 19 Council Member Wagner reported that he attended the Ramsey County 20 League of Local Governments (RCLLG) May meeting. One agenda item was 21 an economic development plan which summarized the plans of all Ramsey •22 County communities. St. Anthony did not submit a plan, but was not the only 23 remiss community. Many community representatives stated that they had not 24 been apprised of the opportunity to present such a plan. Council Member 25 Wagner made a copy of the plan summary available to the rest of the Council. 26 The other agenda item of the RCLLG meeting regarded drug abuse. Wagner 27 stated that it was a good session but very poorly attended. 28 29 Council Member Wagner also attended the most recent St. Anthony Chamber 30 of Commerce meeting and spoke about the International Special Olympics to 31 enlist the Chamber's aid. The Chamber will cooperate in promoting that event. 32 33 Council Member Wagner stated that along with Dorothy Fleming he had 34 attempted to organize some neighborhood Crime Watch meetings, although 35 attendance was so poor that he cancelled his meeting. Another attempt will be 36 made in the future. 37 38 Council Member Wagner stated that he was asked to join the Community 39 Services Site Review Team. Their first assignment was to look at the various 40 community education programs in the surrounding communities that might be 41 involved if a merger should occur. The unanimous opinion of the team was that 42 the community education programs should be kept in the St. Anthony CITY COUNCIL - MAY 28, 1991 Page 6 • 1 community, if at all possible. If the district were to merge with another, 2 Roseville was favored by a slight margin over other neighboring communities. 3 4 Council Member Fleming agreed with Council Member Wagner that 5 participation in an evening Crime Watch meeting is very difficult to obtain and 6 that a daytime session would be impossible for most people to attend. She 7 suggested placing notices in both the St. Anthony Bulletin, the Northeaster, and 8 the St. Anthony newsletter to attract participants to the meetings. 9 10 Council Member Enrooth reported that Skycroft Drive now has new, very 11 attractive street lighting. 12 13 Council Member Marks reported that he attended Don Salverda's most 14 recent meeting having to do with the Ramsey County Jobs Training Program. 15 Council Member Marks noted that most people who go through the program 16 end up taking lower-paying jobs than the ones they were laid off from due to 17 diminishing job opportunities. 18 19 Council Member Marks next reported that Salo, the Finnish city to which the 20 orchestra will travel had given some presents to former Mayor Robert Sundland 21 on his trip there last year, and the Orchestra Board has proposed �22 reciprocating. 23 24 Mayor Ranallo reported that he received a letter from the Ramsey County 25 Commissioners regarding the new six and a half percent sales tax. The City will 26 not receive any additional revenue if it decides not to enact the measure, but 27 the tax will be collected regardless of the City's decision. 28 29 City Manager Burt said that the new taxation program is an attempt to pass the 30 burden of raising taxes to the local governments. He stated that one and a half 31 percent of the existing six will go towards a local trust fund. In order for the 32 cities to be eligible for it, the county must enact the extra half cent. However, 33 the county can turn that down, in which case a 51 percent vote of the city 34 councils is required to enact the tax. Burt predicted that it would be interesting 35 to find out whether the cities or the counties take the responsibility for passing 36 the tax increase, although in both Hennepin and Ramsey County, passage of 37 the tax increase is certain because the biggest communities in those counties 38 badly need the funds. 39 40 Mayor Ranallo reported that he got a call from the National League of Cities 41 requesting that he attend the Minnesota League of Cities meeting in Rochester 42 on June 12, at which a personal survey of each attendee would be taken. He 0 CITY COUNCIL - MAY 28, 1991 Page 7 1 will be unable to go and asked whether anyone might be able to take his place. 2 Council Member Enrooth stated that he would attend the meeting. 3 4 Mayor Ranallo stated that Tony D'Augustino was chosen to play baseball in the 5 Minnesota Little Gophers Baseball Team, which travels throughout the state 6 during their season. Tony has asked for support, and that is being handled by 7 City Manager Tom Burt. The Council wished him well. 8 9 C. City Manager. 10 11 City Manager Burt stated that he has recently received calls from people 12 complaining that vehicles are being parked on-the META property, which is the 13 triangular area next to the Kenzington high-rise. A review of past City Council 14 minutes revealed that temporary parking for a period of three months was 15 allowed at one time after a gravel surface was put down, but that time period 16 has long since elapsed. Although the META property cannot actually be paved 17 at this time because of a soil contamination problem, some parking area might 18 be provided on the north side of the Kenzington high-rise property to relieve 19 their parking problem. 20 21 City Manager Burt noted that the League of Cities conference is scheduled for �22 June 11 th, which conflicts with the regularly scheduled City Council meeting, 23 and that the City Council meeting should be rescheduled. 24 25 Motion by Marks, seconded by Ranallo, to reschedule the June 11, 1991 City 26 Council meeting to June 4, 1991. 27 28 Motion carried unanimously. 29 30 VIII. PUBLIC HEARINGS. 31 32 None. 33 34 IX. NEW BUSINESS. 35 36 A. 1990 City and H.R.A. Audits. 37 38 Stuart Bonniwell was invited by Mayor Ranallo to make his presentation to the 39 Council. Mr. Bonniwell noted that the activities of the H.R.A. for the year are 40 included within the financial report for the City and that a detailed audit for the 41 H.R.A. will be available at a later time. Mr. Bonniwell stated that the City is in 42 very sound financial condition, and that all City funds showed year-end • CITY COUNCIL - MAY 28, 1991 Page 8 1 surpluses. 2 3 The General Fund shows a fund balance of approximately $668,000. City staff 4 and Council have designated approximately $450,000 for working capital needs 5 for the first six months of the year because tax settlements and state aids are 6 received only at mid-year and year-end. The $500,000 in the Special Revenue 7 Fund has been designated for municipal buildings. Additionally, the H.R.A has 8 $50,000 available to spend for other redevelopment projects. He pointed out 9 that the designation of all fund balances is listed under Note 10 on page 24 of 10 the report. 11 12 Mr. Bonniwell stated that under debt service there is a fund called Improvement 13 Bond Fund for which no more debt exists. The $618,000 in that fund is now 14 available for other uses. Two hundred thousand dollars is available for further 15 capital expenditures. The Capital Projects Fund has a large fund balance left 16 over from the KR.A, which was derived from the bond issue for the Kenzington 17 project. 18 19 The Liquor and Utility Funds have been combined in the front section of the 20 report, but are broken out in the supporting statements beginning on page 52 21 of the report. The Utility Fund appears to have $300,000 of investment income, �22 but those funds actually are earmarked for expenditures such as bond 23 payments. Proceeds from the water purification lawsuit have been designated 24 for maintenance and operation costs. 25 26 Note 2 on page 18 summarizes the City's investments. Mr. Bonniwell noted 27 that the City's funds for 1990 are well-diversified and invested about as well as 28 can be done in today's market. Funds which were invested in 1989 at five or 29 six percent were reinvested in 1990 at yields of eight to eight and a half 30 percent. Funds in a local bank which were not protected by collateral last year 31 have been properly collateralized and secured by other investments pledged by 32 the bank. 33 34 Mayor Ranallo asked what the chances were that the City's bond rating might 35 improve beyond the A-1 rating which it achieved approximately 18 months ago. 36 Mr. Bonniwell replied that, although he is not familiar with the mechanics of 37 bond ratings, he saw nothing in the financial statements which would preclude 38 that possibility. He said that the City will, however, be losing $135,000 in state 39 funds this year and approximately $60,000 in 1992, and should guard their 40 reserves carefully. The City has very little debt -- only the $300,000 certificates 41 of indebtedness -- and the tax increments being generated from the tax finance 42 districts will be more than adequate to cover future debt service payments. 0 CITY COUNCIL - MAY 28, 1991 Page 9 • 1 Council Member Marks asked whether the H.R.A. funds will be adequate to 2 carry on in the future. Mr. Bonniwell replied that the financial statements of the 3 H.R.A. show in detail where the interest that has been earned has been 4 allocated to the various projects. Other financial planners consulted by Mr. 5 Bonniwell have indicated that nothing in the bond document requires that 6 allocation. There are interest funds available which have been allocated to the 7 various projects that could be freed up and put into a pool which the H.R.A. 8 could use to generate some low-income housing or other types of activities. 9 Mr. Bonniwell offered the opinion that a portion of those funds could probably 10 be used once the City has proven that it has enough incoming revenue to pay 11 the debt service, although the terms of the bond document would have to be 12 researched to determine whether that would be a suitable use: 13 14 City Manager Burt indicated that the interest income could possibly be used to 15 fund small redevelopment districts or to offer low-income loans for rehabilitation 16 of buildings in blighted areas. Mayor Ranallo suggested that low-income home 17 loans might be offered to first-time buyers to attract younger residents to the 18 community. City Manager Burt stated that the funds are left over from the 19 Kenzington project because the META triangle has never been developed, 20 although plans are being considered for a medical complex. 21 1022 Council Member Marks asked whether the dedicated H.R.A. funds should be 23 pooled or should remain project-oriented. Mr. Bonniwell replied that the funds 24 should be kept general so that the City has enough latitude to react to 25 emergencies with no adverse effect on the City's financial position. 26 27 Mr. Bonniwell drew the Council's attention to the deficit balance in the General 28 Fund under Undesignated, which was derived only because the funding from 29 the Community Development Block Grant Fund had not been received as of the 30 end of the year. 31 32 B. Renewal of City's Insurance and Approval of Payment to the League of 33 Minnesota Cities Insurance Trust of $79,365. 34 35 Mayor Ranallo invited Mark Flaten to outline the issues relevant to the insurance 36 policy renewal. Mr. Flaten distributed to the Council copies of tables outlining 37 the available options and the City's current position. He stated that one of the 38 City's option was to go from a $10,000 deductible to a $25,000 deductible 39 policy, thereby saving $17,000 in premiums. He noted that the LMC had 40 mistakenly rated last year's premium $14,000 lower than it should have been. It 41 has been rated correctly this year, which accounts for the noticeable increase in 42 costs from 1990 to 1991. CITY COUNCIL - MAY 28, 1991 Page 10 1 Mr. Flaten stated that it makes sense for the City to increase its deductible to 2 $25,000 because of its positive experience, and because the City has saved 3 $224,000 over the last five years through its worker's compensation program 4 and its package program. However, City Manager Burt's recommendation was 5 to keep the deductible at $10,000. Mayor Ranallo agreed, noting that if the City 6 were sued it would have to pay attorney's fees and other expenses in addition 7 to the deductible, and stated that he would feel more comfortable with the lower 8 deductible. 9 10 Council Member Marks asked whether the Planning Commissioners were 11 covered under legal liability insurance. Mr. Flaten replied that the limits of that 12 liability are $200,000 per person, $600,000-per occurrence. This applies to all 13 City functions with the exception of the liquor operations, which falls outside the 14 sovereign immunity statute. 15 16 Mr. Flaten stated that the City had positive experience modification in the past 17 year, which is an indicator of worker's compensation performance. The City 18 has gone from a 1.08 experience modification, meaning eight percent worse 19 than average, down to a .9 experience modification, meaning nine percent 20 better than average. The City over the last five years has engaged in a 21 retrospective-rated workers' compensation program whereby the workers' 1022 compensation premium is based upon past experience. Over those years, 23 $117,000 has been saved by taking an aggressive approach in loss prevention 24 and return to work. 25 26 Along with the improvement in experience modification, the possibility of 27 obtaining additional premium returns has declined. The City now has the 28 option of staying with the retrospective-rated program or changing to a 29 guaranteed-cost program. According to the analysis prepared by Mr. Flaten, 30 projected losses for the coming year will generate a premium under the 31 retrospective program nearly equal to the premium under the guaranteed-cost 32 program. Mr. Flaten cautioned that additional losses beyond those projected 33 could cause the retrospective program premium to be higher than the 34 guaranteed-cost premium. He recommended that the City change to the 35 guaranteed-cost program for the coming year. 36 37 Mr. Flaten stated that the City's third consideration is its liquor liability insurance. 38 Currently the limits are at $500,000. Rates have increased. Last year's liquor 39 premium was $44,000, and this year the same policy limits will cost $59,691. 40 The City has the alternative of reducing its limit to $300,000 to make up for the 41 increased premium. Mr. Flaten recommended that the City keep its $500,000 42 limit because it is outside the sovereign immunity statutes. CITY COUNCIL - MAY 28, 1991 Page 11 • 1 Motion by Enrooth, seconded by Marks, that the City's insurance policy 2 deductible amount be $10,000; that the City's insurance policy be changed 3 from retrospective to guaranteed; and that the liquor liability limit be $500,000; 4 for a premium package totalling $206,820 payable to the League of Minnesota 5 Cities. 6 7 Motion carried unanimously. 8 9 C. Ordinance 1991-004 re: New Zoning for Lakeshore Properties (First Reading). 10 11 City Manager Burt noted that both the Planning Commission and the residents 12 of Silver Lake with whom he met or talked to over the phone have had an 13 opportunity for input into the ordinance. Two more readings of this ordinance 14 as well as a public hearing by the Planning Commission are scheduled. 15 16 City Manager Burt informed the Council that the new ordinance is an attempt to 17 create a new zoning district around Silver Lake to take into account the 75-foot 18 setback from the lake required by the DNR as well as the street setback 19 required by the City, so that fewer variances will be required by people who are 20 building, rebuilding, or remodeling, while continuing to protect the lake. 21 0 22 Doug Jones, resident on Silver Lake, stated that a deck within the 75-foot 23 setback area from the lake would not cause water runoff problems. Jones also 24 stated that a representative of the Rice Creek Watershed District had informed 25 him that a swimming pool built within the 75-foot setback would not cause 26 water runoff problems. Jones summarized his conversations with City Manager 27 Burt wherein they discussed allowing swimming pools to be built forty to fifty 28 feet from the shoreline with the provision that they not cause any additional 29 water runoff problems. 30 31 Motion by Marks, seconded by Fleming, to approve the first reading of 32 Ordinance 1991-004. 33 34 Motion carried unanimously. 35 36 D. Ordinance 1991-005 re: Recycling in R-4 (multi-dwelling) Zoning District (First 37 Reading). 38 39 City Manager Tom Burt explained that Hennepin County will require all its 40 communities to make provisions for recycling by their multiple-dwelling units by 41 July 1 st. David Urbia then explained some of the wording choices he made in 42 writing the ordinance in order to comply with the requirements of Hennepin 0 CITY COUNCIL - MAY 28, 1991 Page 12 1 County. He noted that the ordinance provides that the same type of 2 recycleable materials will be picked up at both multiple-dwelling units and 3 curbside. 4 5 Motion by Marks, seconded by Wagner, to approve the first reading of 6 Ordinance 1991-005. 7 8 Motion carried unanimously. 9 10 X. UNFINISHED BUSINESS. 11 12 A. Ordinance 1991-003 re: Regulations for Water Surface Use on Silver Lake 13 (Second Reading. 14 15 City Manager Burt stated that he has gotten some phone calls from residents 16 who are concerned about the hours of water surface use on Silver Lake. The 17 current ordinance states that from 7:00 p.m. to 8:00 a.m. no boat can be driven 18 faster than five miles an hour. According to enthusiasts, this limits water skiing 19 during the best hours. Additionally, Columbia Heights's ordinance prohibits 20 boats from being on the lake after 10:00 p.m. The public landing is, however, 21 closed at 10:00 p.m., so any use of the lake after 10:00 p.m. would most likely 0 22 be one of the lakeside residents. Some coordination and cooperation with 23 Columbia Heights will obviously be necessary in the process of determining 24 reasonable lake regulations. 25 26 City Manager Burt informed the Council that the lake association will be meeting 27 soon and will discuss some of the same issues addressed by the proposed 28 ordinance. He suggested that tabling the reading of the ordinance until after 29 the association meets will give the Council the benefit of the community's 30 opinions about water surface use on Silver Lake. 31 32 City Manager Burt noted that St. Anthony requires three readings of its 33 ordinance, Columbia Heights requires two and publication thereafter for thirty 34 days, and the Commissioner of the DNR has 120 days to consider the 35 regulations. Realistically, a speed limit might not be established for Silver Lake 36 this summer. 37 38 Lowell Thompson of 4028 Silver Lake Terrace stated that some restrictions 39 must be placed on the speed of boats and their hours of operation because 40 the lake is too small to accommodate fast power boats. 41 42 CITY COUNCIL - MAY 28, 1991 Page 13 1 Mayor Ranallo suggested that the Council vote rather than tabling the second 2 reading, because if it were approved, the only thing that would have to be 3 changed on the third reading would be the hours. 4 5 Motion by Marks, seconded by Enrooth, to approve the second reading of 6 Ordinance 1991-003. 7 8 Motion carried unanimously. 9 10 XI. ADJOURNMENT. 11 12 Motion by Marks, seconded by Wagner, to adjourn the meeting at 8:55 p.m. 13 14 Motion carried unanimously. 15 16 17 18 Respectfully submitted, 19 20 Doris Hoskin, Acting Secretary 21 •22 23 24 25 1&ayor 26 27 28 29 ATTEST: (r 30 City Clerk 31 32 33 34 35 36 37 38 39 40 41 42 i