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HomeMy WebLinkAboutNovember 16, 2009 Minutes.pdf LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 16, 2009 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, November 16, 2009. Present were Deputy Mayor Jeff Krauss, Cr. Sean Becker, and Cr. Eric Bryson, City Manager Chris Kukulski, Planning Director Andy Epple and City Clerk Stacy Ulmen. *Please refer to the audio recording of this meeting for additional detail. 0:04:54 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Deputy Mayor Krauss called the meeting to order. 0:04:58 B. Pledge of Allegiance and a Moment of Silence 0:05:47 C. Changes to the Agenda Deputy Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:05:51 Chris Kukulski, City Manager Mr. Kukulski spoke regarding the Rules of Procedure and suggested that Consent Items G.2 and G.6 regarding the blast funds be moved to the Action Item list. 0:07:22 Deputy Mayor Krauss Deputy Mayor Krauss stated that the items will be moved to Action Items J. 2 and J.3. 0:07:30 Mr. Kukulski Mr. Kukulski suggested that Action Item J. 4 regarding the family Swim Passes be opened and continued until Cr. Rupp is present. Mr. Kukulski spoke regarding the Story Mansion item. 0:08:56 D. Public Service Announcements 27 Bozeman City Commission Minutes, November 16, 2009 2 0:09:05 1. "Shred Your Identity" Event, Thursday, November 19th from 4 to 7 p.m. (Kent) Acting Police Chief Marty Kent presented a Public Service Announcement regarding a "Shred Your Identity" Event, Thursday, November 19th from 4 to 7 p.m. that is put on by the Bozeman Police Department. 0:10:50 2. Upcoming Citizen Advisory Board Expiring Terms and Current Vacancies (Kissel) Citizen Advisory Board Coordinator Aimee Kissel presented a Public Service Announcement regarding Upcoming Citizen Advisory Board Expiring Terms and Current Vacancies. 0:16:20 E. Authorize Absence of Cr. Rupp and Mayor Jacobson 0:16:29 Motion and Vote to authorize the absence of Cr. Rupp and Mayor Jacobson. It was moved by Cr. Becker, seconded by Cr. Bryson to authorize the absence of Cr. Rupp and Mayor Jacobson. Those voting Aye being Crs. Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 0:16:43 F. Minutes – October 19, 2009 0:16:48 Motion and Vote to approve the minutes from October 19, 2009. It was moved by Cr. Bryson, seconded by Cr. Becker to approve the minutes from October 19, 2009. Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 0:16:59 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to Terminate Original Agreement with NorthWestern Energy for Use of Blast Clean up Funds and Enter into New Agreement with NorthWestern Energy for the Downtown Bozeman Blast Impact Fee Mitigation Fund (Sullivan) 3. Approve Final Change Orders No.'s 3, 5, 6, 8, 10, 14, 19 for Bozeman Intermodal Facility (Winn) 4. Approve Resolution No. 4218, Changing Two Park Names in Meadow Creek (Kerr) 28 Bozeman City Commission Minutes, November 16, 2009 3 5. Approve Resolution No. 4219, Changing Two Street Names in Meadow Creek (Kerr) 6. Approve Resolution No. 4221, Closing the Bozeman Blast Clean-up Loan Fund, Returning Monies to their original funding sources, and allocating interest earnings to Prospera Business Network for Administration of the Fund (Rosenberry) 7. Approve a Liquor License for Vivian B. Bridaham doing business as Bar 9 to sell Liquor at 311 East Main Street (Neibauer) 0:17:08 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:17:22 Motion and Vote to approve Consent items 1, 3, 4, 5 and 7. It was moved by Cr. Becker, seconded by Cr. Bryson to approve Consent items 1, 3,4, 5 and 7. Those voting Aye being Crs. Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 0:17:55 H. Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:18:15 I. Special Presentation-2009 Bozeman Beautification Award Presentation (Bristor) 0:18:33 Allyson Bristor, Associate Planner Ms. Bristor gave the staff presentation regarding the 2009 Beautification Awards Ceremony. She highlighted the winners of the following categories: Public Art Sculptures, Sculpture Landscaping, Trail Enhancement, Country Garden, Formal Garden, Contemporary Commercial Rebirth, Inviting Entryway, Exceptional Signage, Fantastic Fence, Heavenly Garden, Miniature Marvel Landscaping, Community Involvement and a Lifetime Achievement Award. 0:34:54 J. Action Items 0:34:56 1. Resolution No. 4222, Declaring Support for Montana State University - Bozeman to Assume Responsibility for Two-Year Programming and to Award Two Year Degrees in the Gallatin Valley (Kissel) 29 Bozeman City Commission Minutes, November 16, 2009 4 0:35:11 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding Resolution No. 4222. He requested that this be on the agenda. There is a lack of a 2 year degree program in this area. Because of the Economy and Job losses, this is important. He spoke regarding a possible future mill levy. 0:39:29 Public Comment Deputy Mayor Krauss opened public comment. 0:39:42 Ralph Growseth, Vice President of Inter Campus Affairs-MSU Mr. Growseth asked for support of Resolution No. 4222. He stated that this Friday morning the Board of Regents will be hearing this. They have worked with Great Falls to get this going in Bozeman. These programs should come under the purview of MSU. The benefits to Bozeman and Gallatin County are considerable. 0:43:11 Bob Hietella, Chief Operating Officer of the College of Technology-MSU Mr. Hietella spoke regarding the Economic Development Plan which pushed this as a high need. This is a good step forward. This increases local responsibility and ownership which are built into the model. There are great benefits for students. He asked for support of the Resolution. 0:44:45 Public Comment Closed Deputy Mayor Krauss closed public comment. 0:44:51 Motion to approve Resolution No. 4222, Declaring Support for Montana State University-Bozeman to Assume Responsibility for Two-Year Programming and to Award Two Year Degrees in the Gallatin Valley changing the fifth whereas to Read: "The City of Bozeman supports the creation of a comprehensive 2 year college program for Gallatin and surrounding counties, Now therefore be it resolved that the City Commission supports the authorization request by MSU Bozeman to assume and expand to a full catalog of 2 year programming toward 2 year degrees in Gallatin Valley". It was moved by Cr. Bryson, seconded by Cr. Becker to approve Resolution No. 4222, Declaring Support for Montana State University-Bozeman to Assume Responsibility for Two-Year Programming and to Award Two Year Degrees in the Gallatin Valley changing the fifth whereas to Read: "The City of Bozeman supports the creation of a comprehensive 2 year college program for Gallatin and surrounding counties, Now therefore be it resolved that the City Commission supports the authorization request by MSU Bozeman to assume and expand to a full catalog of 2 year programming toward 2 year degrees in Gallatin Valley”. 0:47:48 Cr. Bryson Cr. Bryson spoke regarding the Bozeman School District's support of this program. 30 Bozeman City Commission Minutes, November 16, 2009 5 0:48:41 Vote on the Motion to approve Resolution No. 4222, Declaring Support for Montana State University-Bozeman to Assume Responsibility for Two-Year Programming and to Award Two Year Degrees in the Gallatin Valley changing the fifth whereas to Read: "The City of Bozeman supports the creation of a comprehensive 2 year college program for Gallatin and surrounding counties, Now therefore be it resolved that the City Commission supports the authorization request by MSU Bozeman to assume and expand to a full catalog of 2 year programming toward 2 year degrees in Gallatin Valley". Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 0:49:13 Consent Item 2. Authorize City Manager to Terminate Original Agreement with North Western Energy for Use of Blast Clean up Funds and Enter into New Agreement with North Western Energy for the Downtown Bozeman Blast Impact Mitigation Fund (Sullivan) 0:49:38 Greg Sullivan, City Attorney Mr. Sullivan gave the staff presentation regarding Consent Item 2. Authorizing the City Manager to Terminate Original Agreement with North Western Energy for Use of Blast Clean up Funds and Enter inot New Agreement with North Western Energy for the Downtown Bozeman Blast Impact Mitigation Fund. He explained that the Commission entered into an agreement with North Western Energy where they contributed $50,000 for to the blast cleanup fund. None of the money was used. It was discussed with North Western Energy to use those funds towards Impact Fee Mitigation Fund. This will be a grant type program. 0:52:40 Andy Epple, City Planner Mr. Epple spoke regarding the impact fees assessments. 0:53:41 Mr. Kukulski Mr. Kukulski regarding upgrading water lines. 0:54:37 Cr. Bryson Cr. Bryson spoke regarding the City's ability to disburse these funds in a fair and equitable manner. 0:54:52 Mr. Sullivan Mr. Sullivan stated an allocation system has been discussed. 0:55:25 Deputy Mayor Krauss Deputy Mayor Krauss asked if we could decline the money. 31 Bozeman City Commission Minutes, November 16, 2009 6 0:55:33 Mr. Sullivan Mr. Sullivan stated that it could be done. 0:57:53 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:58:15 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding his concern of the City being square in the middle between North Western Energy and the property owners. He spoke regarding moving the money away from the blast and using it like a Revolving Loan Fund administered by a Downtown Business Organization. He urged that the City pickup the fees for the impact fees for the rebuilding of the buildings related to the blast through a Resolution or Ordinance. 1:02:03 Cr. Becker Cr. Becker asked if the City has the authority to reallocate the money. 1:03:26 Anna Rosenberry, City Finance Director Ms. Rosenberry spoke regarding funds allocated from the old CDBG Revolving Economic Development Loan Fund. 1:09:36 Motion to direct staff to direct staff to return to the Commission with a Resolution applying the $50,000 to a Revolving Block Grant Loan for any downtown business. (This is in conjunction with Northwestern Energy, seeking the approval of Northwestern Energy on this item, and whichever downtown business organization we seek the advice of). It was moved by Cr. Becker, seconded by Cr. Bryson to direct staff to return to the Commission with a Resolution applying the $50,000 to a Revolving Block Grant Loan for any downtown business. (This is in conjunction with Northwestern Energy, seeking the approval of Northwestern Energy on this item, and whichever downtown business organization we seek the advice of). 1:11:23 Vote on the Motion to direct staff to direct staff to return to the Commission with a Resolution applying the $50,000 to a Revolving Block Grant Loan for any downtown business. (This is in conjunction with Northwestern Energy, seeking the approval of Northwestern Energy on this item, and whichever downtown business organization we seek the advice of). Those voting Aye being Crs. Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 32 Bozeman City Commission Minutes, November 16, 2009 7 1:12:08 Motion to direct staff to prepare a Resolution to pay for the impact fees of the property owners in the blast site for the first $50,000. It was moved by Cr. Becker to direct staff to prepare a Resolution to pay for the impact fees of the property owners in the blast site for the first $50,000. Motion not seconded. 1:12:30 Mr. Kukulski Mr. Kukulski asked the Commission to open and continue this item until staff can come back with the corrected agreement with North Western Energy and resolve the $11,000 impact fee issue with the project that is out there. 1:13:01 Deputy Mayor Krauss Deputy Mayor Krauss stated that he wants to take care of the $11,000 now. 1:13:25 Consent Item 6. Approve Resolution No. 4221, Closing the Bozeman Blast Clean-up Loan Fund, Returning Monies to their original funding sources, and allocating interest earnings to Prospera Business Network for Administration of the Fund (Rosenberry) 1:13:27 Cr. Bryson Cr. Bryson stated that his intention was to take $50,000 of the $90,000 from the City's Economic Development Revolving Loan fund that was put towards the blast cleanup and use that money specifically $50,000, to mitigate the impact fees. 1:13:43 Cr. Becker Cr. Becker seconded the informal motion as presented by Cr. Bryson. 1:13:44 Motion Formalized to take $50,000 of the $90,000 from the City's Economic Development Revolving Loan fund that was put towards the blast cleanup and use that money specifically $50,000, to mitigate the impact fees. It was moved by Cr. Bryson, seconded by Cr. Becker to take $50,000 of the $90,000 from the City's Economic Development Revolving Loan fund that was put towards the blast cleanup and use that money specifically $50,000, to mitigate the impact fees. 1:13:45 Mr. Sullivan Mr. Sullivan cautioned that it was not put on the agenda for formally moving the money from one fund to another. He asked that the Commission direct staff to return with a Resolution for that type of action. 1:14:44 Deputy Mayor Krauss Deputy Mayor Krauss stated that he wants the issues separate. 33 Bozeman City Commission Minutes, November 16, 2009 8 1:16:47 Motion Withdrawn to take $50,000 of the $90,000 from the City's Economic Development Revolving Loan fund that was put towards the blast cleanup and use that money specifically $50,000, to mitigate the impact fees. Cr. Bryson withdrew his motion. 1:17:08 Motion and Vote to Table Consent Item G. 6. It was move by Cr. Bryson, seconded by Cr. Becker to Table Consent Item G. 6. Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 1:17:23 2. Story Mansion Minor Subdivision Preliminary Plat Application No. P-09012 (Riley) 1:17:41 Andy Epple, Planning Director Mr. Epple introduced the Story Mansion Minor Subdivision Preliminary Plat Application. This was directed by the City Commission. This is to take the Story Mansion block and separate into 2 lots. 1:18:57 Doug Riley, Associate Planner Mr. Riley gave the staff presentation regarding the Story Mansion Minor Subdivision Preliminary Plat Application No. P-09012. Mr. Riley pointed the easement area for the utilities. A final plat and Resolution will come back before the Commission in the future. Staff is recommending approval. 1:23:11 Cr. Bryson Cr. Bryson asked if the City will be responsible to make a distinction between the 2 lots such as completely surrounding the areas with sidewalks. 1:23:31 Mr. Riley Mr. Riley stated that there is not a specific requirement to surround the area with sidewalks but that anything proposed in the future would be subject to review. 1:31:33 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 34 Bozeman City Commission Minutes, November 16, 2009 9 1:32:10 Motion to approve the Story Mansion Minor Subdivision Preliminary Plat Application #P-09012 with the Conditions of Approval and Code Provisions listed in the Staff Report. It was moved by Cr. Bryson, seconded by Cr. Becker to approve the Story Mansion Minor Subdivision Preliminary Plat Application #P-09012 with the Conditions of Approval and Code Provisions listed in the Staff Report. 1:40:12 Vote on the Motion to approve the Story Mansion Minor Subdivision Preliminary Plat Application #P-09012 with the Conditions of Approval and Code Provisions listed in the Staff Report. Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 1:40:30 Break Deputy Mayor Krauss declared a break. 1:52:20 Meeting called back to order Deputy Mayor Krauss called the meeting back to order. 1:52:30 3. Resolution No. 4220, Resolution Relating To $9,500,000 Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2009; Authorizing the Issuance and Fixing the Terms and Conditions Thereof (Rosenberry) 1:52:46 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding Resolution No. 4220, a Resolution Relating To $9,500,000 Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2009; Authorizing the Issuance and Fixing the Terms and Conditions Thereof. This is the first of the borrowings for the Water Reclamation project. This is the first of 4 anticipated borrowings. This is multiyear construction and finance phases. This is a 20 year loan. The first payment is due this upcoming July. 1:59:37 Cr. Becker Cr. Becker spoke regarding the stimulus money that went into this project. 2:01:36 Public Comment Deputy Mayor Krauss opened public comment. No person commented. 35 Bozeman City Commission Minutes, November 16, 2009 10 Deputy Mayor Krauss closed public comment. 2:01:55 Motion and Vote to approve Resolution No. 4220, Relating To $9,500,000 Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2009; Authorizing the Issuance and Fixing the Terms and Conditions Thereof. It was moved by Cr. Becker, seconded by Cr. Bryson to approve Resolution No. 4220, Relating To $9,500,000 Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2009; Authorizing the Issuance and Fixing the Terms and Conditions Thereof. Those voting Aye being Crs. Becker, Bryson and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 2:02:29 4. Review Costs of Family Swim Passes (Dingman) 2:02:40 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 2:02:50 This item was deferred to another agenda. 2:02:58 5. Appointment to the Board of Appeals (Kissel) 2:03:15 Motion and Vote to appoint Michael Kelly to the Board of Appeals. It was moved by Cr. Bryson, seconded by Cr. Becker to appoint Michael Kelly to the Board of Appeals. Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 2:03:34 6. Discussion of Completion of Sidewalk Improvements - Subdivision Sidewalks, Unified Development Ordinance, Section 18.74.030.B.2 (Skelton) 36 Bozeman City Commission Minutes, November 16, 2009 11 2:04:02 Dave Skelton, Senior Planner Mr. Skelton gave the staff presentation regarding the Completion of Sidewalk Improvements - Subdivision Sidewalks, Unified Development Ordinance, Section 18.74.030.B.2. Mr. Skelton spoke regarding timing and financial guarantees. 2:24:47 Mr. Epple Mr. Epple spoke regarding SIDs. 2:25:18 Mr. Skelton Mr. Skelton spoke regarding the following options for the Commission to consider: Option One: Order in subdivision sidewalks under specific existing circumstances where more than 75% of the subdivisions lots in a particular block have been sold and developed, and exceed the three- year time period to complete subdivision sidewalks. Option Two: On a case-by-case basis, direct developers to request a variance to Section 18.74.030.B.2 Completion of Sidewalk Improvements”, BMC for an extension to the time-period to complete related subdivision sidewalks. Each applicant requesting a variance would be evaluated against specific criteria prepared by the Planning Office that would offer the City Commission findings based upon the evidence presented in each case for justification to grant said variance. See the proposed criteria listed on page six of the staff report. Option Three: Combine options one and two above as may be merited on a case-by-case basis. 2:34:11 Deputy Mayor Krauss Deputy Mayor Krauss spoke regarding ordering sidewalks. 2:36:07 Rick Hixson, City Engineer Mr. Hixson stated that he is advocating for the construction of sidewalks to be put in when the constructions of the streets take place. 2:39:22 Public Comment Deputy Mayor Krauss opened public comment. 2:39:34 Jim Powell-Rocky Mountain Bank Branch President, Public Comment Mr. Powell spoke regarding Rocky Mountain Bank's ownership of the Meadow Creek Subdivision. He is asking for help and assistance from the Commission in working through their situation. They are asking for a little more time for installing the sidewalks. He stated that there are 20 years of vacant lots to sell. 2:42:51 Mr. Powell Mr. Powell stated that they would like to request an option to re-address the situation in 3 years. 37 Bozeman City Commission Minutes, November 16, 2009 12 2:43:50 Kathy Costakis, Public Comment Ms. Costakis of 140 Village Crossing Way stated that she is a Public health practitioner, is on the Safe routes to school task force and a Member of Planning Board. She spoke regarding walking in neighborhoods and connectivity. 2:51:02 Public Comment closed Deputy Mayor Krauss closed public comment. 2:51:20 Cr. Bryson Cr. Bryson stated that a combination of Options 1 & 2 (Option 3) seems to be the best options. Variances are tough in conditions like this. 2:52:44 Deputy Mayor Krauss Deputy Mayor Krauss stated that he is concerned about providing a way for the lots to be re-sold. In the design if they are going to sit there, the subdivision needs to be re-platted. He would go 60% in "ordering in" sidewalks. It is reasonable to consider a 3 year period. We make choices when we buy property. Things are going to need to be done on a case by case basis. 2:56:51 Cr. Becker Cr. Becker spoke regarding blocks vs block faces. 2:57:10 Mr. Skelton Mr. Skelton spoke regarding blocks. 2:58:22 Cr. Becker Cr. Becker wants to deal with block faces. 2:59:19 Cr. Becker Cr. Becker spoke regarding multi unit blocks. 3:03:44 Cr. Becker Cr. Becker asked staff if they intend to come back with a text amendment to strengthen 3 year terms. 3:04:04 Cr. Becker Cr. Becker asked if there are City owned properties that need to be on the list. 3:04:57 Deputy Mayor Krauss Deputy Mayor Krauss suggested that some sidewalk areas have natural fines installed. 3:07:32 Cr. Bryson Cr. Bryson spoke regarding maintenance of sidewalks. We need to focus on connectivity. 38 Bozeman City Commission Minutes, November 16, 2009 13 3:11:43 Mr. Sullivan Mr. Sullivan spoke regarding amending the 3 year section in the UDO. It needs to be crafted so it does not affect the subdivisions that have final plat. Planning and Legal should further explore this. 3:13:23 7. Discussion of Police Chief and Planning/Community Development Director Vacancies (Kukulski) 3:13:48 Mr. Kukulski Mr. Kukulski updated the Commission regarding the hiring of a new Police Chief and Planning Director. He would like some input from the Commission regarding what they are looking for in these positions. Mr. Kukulski spoke regarding what was used in the past for other Director positions. 3:16:34 Mr. Kukulski Mr. Kukulski stated that it appears that it will be late January early February before we are interviewing for these positions. 3:18:56 Deputy Mayor Krauss Deputy Mayor Krauss stated that these are highly visible hiring processes and need Commission involvement on a search committee. 3:19:16 Mr. Kukulski Mr. Kukulski spoke regarding having a forum. 3:26:14 Cr. Becker Cr. Becker suggested that Cr. Bryson sit on the Director team for the interview panel and Deputy Mayor Krauss for the Planning Director position. 3:26:28 Cr. Bryson Cr. Bryson agreed to Cr. Becker's suggestion 3:32:36 Cr. Becker Cr. Becker suggested that the Commission should also be part of the Economic Development Position. 3:33:03 Cr. Bryson Cr. Bryson suggested Cr. Becker be involved in the Economic Development Position. 3:33:07 Cr. Becker Cr. Becker suggested that the RC & D be contacted regarding their practice. 39 Bozeman City Commission Minutes, November 16, 2009 14 3:34:50 K. FYI/Discussion 3:34:54 1. Intern Policy Cr. Becker stated that we need an intern policy. He has someone interested. Mr. Kukulski stated that we do not have a real clean process regarding interns and it needs to be formalized. This will be looked into. 3:37:32 2. Human Rights Bureau Mr. Sullivan stated that it was suggested by Cr. Rupp to have the administrative Law discussed regarding the Human Rights Bureau. The Agendas will be looked at and a time will be set. The Executive session next Monday needs to be confirmed. 3:42:31L. Adjournment Deputy Mayor Krauss adjourned the meeting at 9:44 p.m. ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________ 40